Pathologizing Radicalization and the Erosion of Patient Privacy Rights
![handle is hein.journals/bclr59 and id is 803 raw text is:
PATHOLOGIZING RADICALIZATION
AND THE EROSION OF PATIENT
PRIVACY RIGHTS
Abstract: Countering Violent Extremism (CVE) is a counterterrorism strategy
ostensibly aimed at preventing radicalization through risk assessment and inter-
vention. CVE involves recruitment of helping professionals, including mental
health care providers, to monitor their patients for signs of vulnerability to radical-
ization, make referrals to de-radicalization programs, and participate in multi-
disciplinary intervention teams. Broad national security and public safety excep-
tions within existing privacy laws allow mental health professionals participating in
CVE to make potentially harmful disclosures of private patient information. This
Note argues that professional associations representing mental health care provid-
ers should develop policies to limit and regulate members' participation in CVE.
INTRODUCTION
Mahin Khan (Khan) is an autistic Muslim eighteen-year-old currently
serving an eight-year sentence in Arizona state prison. In July 2016, Khan was
charged with plotting to commit terrorism in support of the Taliban and the
Islamic State.2 Khan first came into contact with the Federal Bureau of Inves-
tigation (FBI) when he was fifteen, after he sent a threatening letter to a teach-
er.3 He subsequently underwent a forty-five day evaluation in an inpatient psy-
chiatric facility, arranged in part by the FBI.4 Over the next few years, the FBI
met with Khan every few months under the pretense of mentoring him and
coordinating his mental health care.' During one of these meetings, authorities
1 Phil Benson, Mahin Khan Sentenced to 8 Years in Prison in Tucson Terrorism Case, AZFAMI-
LY.COM (Nov. 4, 2016), http://www.azfamily.com/story/33630479/mahin-khan-sentenced-to-8-years-in-
prison-in-tucson-terrorism-case [https://penna.cc/S2TU-C5U8]; MurtazaHussain, 18-Year-OldArrested
on Terrorism Charges Is Mentally Like a Child, INTERCEPT (Aug. 3, 2016), https://theintercept.
com/2016/08/03/18-year-old-arrested-on-terrorism-charges-is-mentally-like-a-child/ [https://perma.cc/
P47C-RFS2]; Mike Truelsen, Parents ofTucson Terrorism Suspect Mahin KhanRelease Statement; Ask
for 'Understanding, 'NEWS 4 TUCSON (Aug. 4,2016), http://www.kvoa.com/story/32501286/parents-of-
tucson-terrorism-suspect-mahin-khan-release-statement-ask-for-understanding [https://perma.cc/DN6V-
5BU4].
2 Hussain, supra note 1.
Id.
Id It is unclear from news reports how the Federal Bureau of Investigation first became aware
of Mahin Khan (Khan) and the extent of communications between Khan's treating mental health
care providers and law enforcement officials. See id.
5 Id; see Truelsen, supra note 1 (quoting Khan's parents' statement indicating that they had co-
operated with the FBI for the purpose of helping their son access mental health services).
791](ViewImageLocal?handle=hein.journals/bclr59&div=21&collection=&method=preview&ext=.png&size=3)
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Pathologizing Radicalization and the Erosion of Patient Privacy Rights
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