Showing posts with label warrantless wiretapping. Show all posts
Showing posts with label warrantless wiretapping. Show all posts

Big Brother In Mother Russia: Putin's New Anti-Terror Bill Wants ALL The Data

Oh, Vlad.  Just when the rest of the world is getting really good at pretending we want to value human rights and raise awareness, you have to go and sign into law an anti-"terrorism" bill so rights-infringey, even some of the pro-Kremlin crowd thinks it goes too far…


Big Comrade is watching you...
(Image courtesy thetimes.co.uk.)

Federal Appeals Court Rules NSA Wiretapping Illegal; NSA Turns Up The Volume, Puts Hands Over Ears, Says "La La La"

Of course, all privacy-prone American citizens have known this for some time:  the NSA's phone-call compendium is unnecessary, unaffiliated with capturing ANY terrorists EVER, and is overall downright creepy.  Thankfully, today, a federal appeals court ruled it illegal.

They listen to everything, but this is the only thing they need to hear.
(Image courtesy alan.com.)

Bugs, Drugs, and Thugs: DEA Phone Tap Protocol From 1992 Onward Paved Way For Current NSA Programs

Many compelling arguments have been offered as evidence to stop the NSA and other agencies from spying on American (and others') phone calls.  Constitutional rights infringement, invasion of privacy, and simply wasting time and manpower are all noteworthy points that the programs should be stopped.  However, nothing justifies the removal of this century's scaled-up security state better than history itself:  powers-that-be have been monitoring calls for decades, and it didn't stop terrorists one bit...

It didn't really stop drug dealers that much, either.
(Image courtesy anyclip.com.)

The Big Daddy Of Big Data: U.S. Appoints First-Ever "Chief Data Scientist"


Due to the vast influx of intelligence from many forms of modern media, treasuring our data technology is now a job that requires a major position in the United States government.  Meet America's chief cyber crusader, D.J. Patil...

We See What You Did There: Edward Snowden Given Human Rights Award By Sweden

While the United States remains steadfast in putting Edward Snowden in the "whistleblower spy" archive of history, other nations consider his efforts a laudable fight against the subtle tyranny of the surveillance state.  This week in Sweden, Snowden was awarded the Right Livelihood award, a humanitarian recognition of his work to free Americans (and others) from the zoo of Big Brother's surveillance amusement.

And we, in good conscience, shouldn't let them.
(Image courtesy garymvasey.files.com.)

According to the Guardian UK, Snowden was not physically able to attend the ceremony, as he considered it a threat to his safety (he is wanted on charges under the Espionage Act in the United States, whose notorious record of "renditions" would have rightly worried Snowden.)  However, he spoke with the committee via teleconference from Moscow, where he is currently living in exile.  In a show of solidarity for Mr. Snowden's deplorably alienated circumstances, none of his family members would accept the award in his absence, noting only that someday Snowden himself should be able to do so.

Informed and angry.  He's not wrong.
(Image courtesy reddit.com.)

The award jury noted that Snowden was being commended “for his courage and skill in revealing the unprecedented extent of state surveillance violating basic democratic processes and constitutional rights."

No one cares you have nothing to hide.  Something can be used against you.
(Image courtesy car-memes.com.)

President Barack Obama, who did not comment on Snowden's award, had previously campaigned with a strong intent to protect American whistleblowers.


They spelled Obama's name wrong, but everything else about this is sadly correct.
(Image courtesy csnbbs.com.)



Grounding Big Brother: Amnesty International Releases Anti-Government-Spyware Detection Software

Are you a closet revolutionary who is constantly aware of the deterioration of society and informs themself on ways it can be fixed?  Are you a casual bystander who once googled a song by a band that prided themselves on questioning authority?  Are you just paranoid as hell that the Man is out to get you?  Now, you can stop governmental cyber-peeping for sure, thanks to new technology released by Amnesty International.

As reported by the BBC, it is no secret that governments use "sophisticated spying tools that could grab images from webcams or listen via microphones to monitor people." Amnesty International knows how wrong that is, and has released the Detekt software to combat Big Brother's unsavory advances. Detekt scans your computer for government-grade spyware that might be missed (or intentionally looked over) by other more mainstream virus or malware detectors.

They're not this overt, but they are this unpleasant.
(Image courtesy wpremedy.com.)

Created through a collaboration between Amnesty International, the Electronic Frontier Foundation, Privacy International and Digitale Gesellschaft, the free software is designed to operate on Windows (the platform which most spied-on people are apparently using.) Its availability should be helpful in putting a damper on the $5 billion international government spyware market.

That's your tax money, getting spent to indiscriminately spy.  Kill the idea that this could ever be acceptable.
(Image courtesy betanews.com)

"People think the uses of spyware by governments are isolated cases. They are not," said Claudio Guarnieri, the German creator of Detekt. "Their discovery is isolated...Spyware is becoming the final solution for surveillance operations to overcome encryption.

"The real problem is nobody really asked the public whether that's acceptable and some countries are legitimizing their use without considering the consequences and inherent issues."

One of those inherent issues being that average civilians shouldn't be covertly spied on by their government.  Better fire up the Detekt, we probably just got put on a list.

There is nothing noble about blindly swinging a cyber bat at peoples' computers, hoping a pinata of prosecutable info will explode.  Even if it did, that candy is probably supposed to be helping the people.
(Image courtesy thehackernews.com.)



ACLU and Human Rights Watch To NSA: Stop Spying On Journalists, Sources

Two human rights groups have come forward to voice their worries over hyper-invasive government monitoring derailing the efforts of many assiduous journalists.  As reported by the Washington Post, the ever-encroaching surveillance network that spies on emails, phone calls, and other digital data is making journalists' jobs harder and those willing to tell their stories more paranoid.

Both Human Rights Watch and the American Civil Liberties Union came forward today to support a report decrying both the NSA's broad scope of operations as well as Obama's policy of locking up whistleblowers.  This combination, they say, is infringing on confidentiality not just between reporters and their subjects but even up to lawyers and their criminal defendants.  Both activist groups called for greater transparency regarding the methods of collecting, storing, and analyzing citizens' data.

ABC reporter Brian Ross, one of the 46 journalists, 42 lawyers, and assorted security professionals who presented the anti-surveillance report, mentioned that he now begins phone conversations with the phrase, "I'm a U.S. citizen, are you?"  This is due to laws (though many are currently up for debate) restricting the unfettered surveillance of Americans.  However the government maintains all of their watchdoggery is for "national security", and their constant worries about letting classified information leak have grown undeniably overbearing.  Hopefully thanks to this report, those that monitor our calls will soon be getting called out.


Image courtesy www.aclu.org.


No Cash For Spy Stash: The NSA Loses Government Funds For Domestic Peeping; Foreign Spyware

Will a lack of "backdoor funding" deter the NSA in any way from spying on citizens at home and abroad? Soon the world will have a chance to find out.

As reported by www.wired.co.uk, on June 19th the House of Representatives passed an amendment to the Department of Defense Appropriations Act 2015 that will prevent the NSA from using government funds to stock information obtained while stalking both Americans and foreign citizens not expressly under warrant.

An open letter from several civil liberties groups to the House Of Representatives regarding the vote stated, "...These measures would make appreciable changes that would advance government surveillance reform and help rebuild lost trust among internet users and businesses, while also preserving national security and intelligence authorities."

This is an important breakthrough, with many foreign citizens recently extra-suspicious of the NSA thanks to discoveries of wireless routers sold in Europe being tainted by American spyware (subsequent hacks and defenses have already been issued to quell this problem.) But will removing Uncle Sam's wallet from Big Brother's pocket really slow down the spying?

Now they'll have to raise funds just as shady as they are.


Government To Local Police: Shhh About The Surveillance

It's no longer a secret that the US government routinely, deliberately and invasively spies on their citizens with no regard as to privacy or pertinence of information. Now, it is emerging that they are actively trying to cover their tracks on a local level, as even average officers are using surveillance gear with extreme impunity.

The federal government has been oddly intervening at local public records and criminal trials that deal with information gained in a possibly over-invasive manner, which as Top Tech News reports, "resulted in police departments withholding materials or heavily censoring documents in rare instances when they disclose anything about the purchase and use of such powerful surveillance equipment."

One popular piece of such technology, the Stingray, reroutes the target's call and metadata to the police's receiver instead of a cell phone tower, bringing up serious questions of infractions on the Constitutional rights of those who are being listened to. Various affadavits and documents point to the federal government overtly refusing to answer questions about such technology's locations, design and operations prove that they are trying to cover up a plot that is legally-questionable and lucrative (both informationally for the feds and financially for Harris Corp....the Stingray accounted for nearly one-third of it's parent company's $5 billion in revenue.)

Unsurprisingly, the government and local departments' excuse for their secrecy is "security."

Dissonantly, President Obama claims he is welcoming debates on surveillance and transparency. Dial any number at all to talk to him regarding your feelings...if there's a Stingray nearby, the government will be happy hear you out. 


Surprise, Surprise: Vodafone Reveals Secret Government Wiretaps

From The Telegraph:
Government agencies are able to listen to phone conversations live and even track the location of citizens without warrants using secret cables connected directly to network equipment, admits Vodafone today.
The company said that secret wires have been connected to its network and those belonging to competitors, giving government agencies the ability to tap in to phone and broadband traffic. In many countries this is mandatory for all telecoms companies, it said.
Vodafone is today publishing its first Law Enforcement Disclosure Report which will describe exactly how the governments it deals with are eavesdropping on citizens. It is calling for an end to the use of “direct access” eavesdropping and transparency on the number of warrants issued giving access to private data.
Of course, anyone who has been paying attention knows that this is not really news, since it has been known for years that governments have been secretly tapping the telephony  backbone.  What is new in the present instance is that the company itself has revealed the illegal wiretaps rather than continue to engage in a conspiracy against its own users aided and abetted by criminal governments.  If this is news to you, you might consider looking into AT&T Room 641A.

White House and Congress Seek to Provide Further Immunity to Telecoms for Participation in Unconstitutional Wiretapping Programs

According to recent reports, the Democrats and Republicans in the White House and Congress are, once again, crafting legislation to provide immunity to telecommunications corporations that conspire with government agencies to undermine the Constitutional rights of US citizens.  If this story sounds familiar, that's because it is. The White House and Congress did the same thing back in 2008 to protect companies that were facilitating the government's illegal and unconstitutional warrantless wiretapping programs. Now the degenerates in the Democratic and Republican parties are seeking to do the same for companies that conspire with the NSA to undermine the security of all our persons, houses, papers and effects.  From The Guardian:
The White House has asked legislators crafting competing reforms of the National Security Agency to provide legal immunity for telecommunications firms that provide the government with customer data, the Guardian has learned.

In a statement of principles privately delivered to lawmakers some weeks ago to guide surveillance reforms, the White House said it wanted legislation protecting “any person who complies in good faith with an order to produce records” from legal liability for complying with court orders for phone records to the government once the NSA no longer collects the data in bulk.

Florida: Big Business and Big Government Collude to Further Undermine the Constitution of the United States

The government of the United States honors its illegal commitments to corporations over its supposed commitment to upholding the Constitution of the United States.  If this doesn't make your blood boil, you are probably a fascist.  From Ars Technica:
A police department in Florida failed to tell judges about its use of a cell phone tracking tool "because the department got the device on loan and promised the manufacturer to keep it all under wraps," the American Civil Liberties Union said in a blog post today.
The device was likely a "Stingray," which is made by the Florida-based Harris Corporation. Stingrays impersonate cell phone towers in order to compel phones to "reveal their precise locations and information about all of the calls and text messages they send and receive," the ACLU noted. "When in use, stingrays sweep up information about innocent people and criminal suspects alike."

The tracking technology was used by the Tallahassee Police Department in September 2008 to locate a man accused of rape and the theft of a purse, which contained the alleged victim's cell phone. The man, James L. Thomas, was convicted of sexual battery and theft, but he filed an appeal "contending that evidence obtained in violation of the Fourth Amendment, and article I, section 12 of the Florida Constitution, was introduced against him at trial," according to a court ruling in November 2013 that reversed the conviction and ordered a new trial.

Police "did not want to obtain a search warrant because they did not want to reveal information about the technology they used to track the cell phone signal," the District Court of Appeal ruling said. "The prosecutor told the court that a law enforcement officer 'would tell you that there is a nondisclosure agreement that they’ve agreed with the company.'"
All government employees who participated in these despicable acts should be tried for treason.  

Tech Firms Publish Redacted Info on Government Spying

From Ars Technica:
Today, several companies including Google, Yahoo, LinkedIn, Facebook, and Microsoft are revealing the first information about the amount of user data they're handing over to FISA requests. The disclosures are very broad data that just gives a range of how many users had information requested on them. But it's a small victory for the group of companies, which pushed to be allowed to publish more about the data collection when they petitioned the intelligence court back in August.

Is the GMail Model Legally a Wiretapping Scheme?

According to at least one court, it may well be.  From Wired:
A federal judge today found that Google may have breached federal and California wiretapping laws for machine-scanning Gmail messages as part of its business model to create user profiles and provide targeted advertising.

The decision by U.S. District Judge Lucy Koh was rendered in a proposed class-action alleging Google wiretaps Gmail as part of its business model. Google sought to have the federal case in California dismissed under a section of the Wiretap Act that authorizes email providers to intercept messages if the interception facilitated the message’s delivery or was incidental to the functioning of the service in general.

Technologically Illiterate Court Claims Use of Open Wifi Is Wiretapping

While government agencies illegally and routinely spy on our everyday communications without repercussion, a court has ruled that sniffing open wifi signals may be considered wiretapping.  From Tech Dirt:
A couple years ago, we were disappointed to see a judge take the technologically wrong stance that data transmitted over WiFi is not a "radio communication," thereby making sniffing of unencrypted WiFi signals potentially a form of wiretapping. Indeed, based on that, the court eventually ruled that Google's infamous WiFi sniffing could be a violation of wiretap laws. This is wrong on so many levels... and tragically, an appeals court has now upheld the lower court's ruling.

There are serious problems with this. Under no reasonable view is WiFi not a radio communication first of all. That's exactly what it is. Second, sniffing unencrypted packets on an open network is a perfectly normal thing to do. The data is unencrypted and it's done on a network that is decidedly open. It's like saying it's "wiretapping" for turning on your radio and having it catch the signals your neighbor is broadcasting. That's not wiretapping. Third, even the court here admits that based on this ruling, parts of the law don't make any sense, because it renders those parts superfluous. Generally speaking, when a court ruling would render a part of a law completely superfluous, it means that the court misinterpreted the law . . . 

Three Degrees of Separation from the NSA

If everyone is only six degrees of separation away from Kevin Bacon, according to the rules of the old game, how many degrees of separation do you think you are from a terrorist?  Officials at the NSA have admitted to a Congressional panel that they claim the prerogative to spy on everyone within three degrees of communicative separation from an individual they believe (with 51% certainty) may have a connection to some kind of terrorist activity.  That's a lot of people.  From the Guardian:
The National Security Agency revealed to an angry congressional panel on Wednesday that its analysis of phone records and online behavior goes exponentially beyond what it had previously disclosed.

John C Inglis, the deputy director of the surveillance agency, told a member of the House judiciary committee that NSA analysts can perform "a second or third hop query" through its collections of telephone data and internet records in order to find connections to terrorist organizations.

"Hops" refers to a technical term indicating connections between people. A three-hop query means that the NSA can look at data not only from a suspected terrorist, but from everyone that suspect communicated with, and then from everyone those people communicated with, and then from everyone all of those people communicated with.
Inglis did not elaborate, nor did the members of the House panel – many of whom expressed concern and even anger at the NSA – explore the legal and privacy implications of the breadth of "three-hop" analysis.

Lawsuit Against Mass Electronic Surveillance to Proceed

From the EFF:
A federal judge today rejected the U.S. government's latest attempt to dismiss the Electronic Frontier Foundation's (EFF's) long-running challenge to the government's illegal dragnet surveillance programs. Today's ruling means the allegations at the heart of the Jewel case move forward under the supervision of a public federal court.

"The court rightly found that the traditional legal system can determine the legality of the mass, dragnet surveillance of innocent Americans and rejected the government's invocation of the state secrets privilege to have the case dismissed," said Cindy Cohn, EFF's Legal Director. "Over the last month, we came face-to-face with new details of mass, untargeted collection of phone and Internet records, substantially confirmed by the Director of National Intelligence. Today's decision sets the stage for finally getting a ruling that can stop the dragnet surveillance and restore Americans' constitutional rights."

The NSA's Vast Spying Regime Does Not Pass Constitutional Muster

It often appears that the only time Democrats and Republicans can agree on anything, it tends to result in the launching of new wars, or building more prisons, or further eroding constitutional rights and civil liberties.  This could not be more clear in the bipartisan defense of the unconstitutional surveillance and spying regime that has been constructed in the United States over the last decade(s).  An op-ed in the New York Times calls it what it is: criminal.  Excerpt:
The Fourth Amendment obliges the government to demonstrate probable cause before conducting invasive surveillance. There is simply no precedent under the Constitution for the government’s seizing such vast amounts of revealing data on innocent Americans’ communications. 

The government has made a mockery of that protection by relying on select Supreme Court cases, decided before the era of the public Internet and cellphones, to argue that citizens have no expectation of privacy in either phone metadata or in e-mails or other private electronic messages that it stores with third parties . . . 

We may never know all the details of the mass surveillance programs, but we know this: The administration has justified them through abuse of language, intentional evasion of statutory protections, secret, unreviewable investigative procedures and constitutional arguments that make a mockery of the government’s professed concern with protecting Americans’ privacy. It’s time to call the N.S.A.’s mass surveillance programs what they are: criminal.

Documents Reveal Widespread Email Surveillance by US Government for Past Decade

A few years ago, actually, even just a few weeks ago, anyone who suggested that email correspondence and internet traffic were being monitored by the government would have been labeled a nut or conspiracy theorist.  But they would have been right.  From The Guardian:
The Obama administration for more than two years permitted the National Security Agency to continue collecting vast amounts of records detailing the email and internet usage of Americans, according to secret documents obtained by the Guardian.

The documents indicate that under the program, launched in 2001, a federal judge sitting on the secret surveillance panel called the Fisa court would approve a bulk collection order for internet metadata "every 90 days". A senior administration official confirmed the program, stating that it ended in 2011.

The collection of these records began under the Bush administration's wide-ranging warrantless surveillance program, collectively known by the NSA codename Stellar Wind.

Texas Becomes First State to Require a Warrant for Email Searches

If you naively believed your email is protected from unreasonable and unwarranted search and seizure by the government, you could perhaps be forgiven, since most people likely consider their email to be the kind of "papers and effects" that would be explicitly covered by Fourth Amendment protections.  But nothing is further from the truth.  Rather, law enforcement agencies are more likely to consider a person's email to be akin to a public, and publicly accessible record or document.  This is, in fact, the basis for many spying and snooping programs.  Texas has now become the first state to pass a law requiring a warrant for email searches.  Of course, citizens in Texas are still not safe from the Federal Government, which still considers everyone's email fair game.  The new Texas law should, of course, be unnecessary, since email and all other electronic documentation should be automatically considered part of an individual's "papers and effects", but we live under the rule of the Democratic and Republican parties, where one cannot take anything for granted, even the constitution.  From Ars Technica:

Texas Gov. Rick Perry has signed a bill giving Texans more privacy over their inboxes than anywhere else in the United States.  On Friday, Perry signed HB 2268, effective immediately. The law shields residents of the Lone Star State from snooping by state and local law enforcement without a warrant. The bill's e-mail amendment was written by Jonathan Stickland, a 29-year-old Republican who represents an area between Dallas and Ft. Worth.
Under the much-maligned 1986-era Electronic Communications Privacy Act (ECPA), federal law enforcement agencies are only required to get a warrant to access recent e-mails before they are opened by the recipient.  As we've noted many times before, there are no such provisions in federal law once the e-mail has been opened or if it has sat in an inbox, unopened, for 180 days. In March 2013, the Department of Justice (DOJ) acknowledged in a Congressional hearing that this distinction no longer makes sense and the DOJ would support revisions to ECPA.