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The American Civil Liberties Union (ACLU) has filed a motion to reveal the secret court opinions with “novel or significant interpretations” of surveillance law, in a renewed push for government transparency. The motion, filed Wednesday by the ACLU and Yale Law School’s Media Freedom and Information Access Clinic, asks the Foreign Intelligence Surveillance Act (FISA) Court, which rules on intelligence gathering activities in secret, to release 23 classified decisions it made between 9/11 and the passage of the USA Freedom Act in June 2015. As ACLU National Security Project staff attorney Patrick Toomey explains, the opinions are part of a “much larger collection of hidden rulings on all sorts of government surveillance activities that affect the privacy rights of Americans.” Among them is the court order that the government used to direct Yahoo to secretly scanits users’ emails for “a specific set of characters.” Toomey writes: These court rulings are essential for the public to understand how federal laws are being construed and implemented. They also show how constitutional protections for personal privacy and expressive activities are being enforced by the courts. In other words, access to these opinions is necessary for the public to properly oversee their government.

Although the USA Freedom Act requires the release of novel FISA court opinions on surveillance law, the government maintains that the rule does not apply retroactively—thereby protecting the panel from publishing many of its post-9/11 opinions, which helped create an “unprecedented buildup” of secret surveillance laws. Even after National Security Agency (NSA) whistleblower Edward Snowden revealed the scope of mass surveillance in 2013, sparking widespread outcry, dozens of rulings on spying operations remain hidden from the public eye, which stymies efforts to keep the government accountable, civil liberties advocates say. “These rulings are necessary to inform the public about the scope of the government’s surveillance powers today,” the ACLU’s motion states.

Toomey writes that the rulings helped influence a number of novel spying activities, including: The government’s use of malware, which it calls “Network Investigative Techniques” The government’s efforts to compel technology companies to weaken or circumvent their own encryption protocols The government’s efforts to compel technology companies to disclose their source code so that it can identify vulnerabilities The government’s use of “cybersignatures” to search through internet communications for evidence of computer intrusions The government’s use of stingray cell-phone tracking devices under the Foreign Intelligence Surveillance Act (FISA) The government’s warrantless surveillance of Americans under FISA Section 702—a controversial authority scheduled to expire in December 2017 The bulk collection of financial records by the CIA and FBI under Section 215 of the Patriot Act Without these rulings being made public, “it simply isn’t possible to understand the government’s claimed authority to conduct surveillance,” Toomey writes. As he told The Intercept on Wednesday, “The people of this country can’t hold the government accountable for its surveillance activities unless they know what our laws allow. These secret court opinions define the limits of the government’s spying powers. Their disclosure is essential for meaningful public oversight in our democracy.”

Prominent activists, lawmakers, artists, academics, and other leading voices in civil society, including Sen. Bernie Sanders (I-Vt.), are joining the campaign to get a pardon for National Security Agency (NSA) whistleblower Edward Snowden. “The information disclosed by Edward Snowden has allowed Congress and the American people to understand the degree to which the NSA has abused its authority and violated our constitutional rights,” Sanders wrote for the Guardian on Wednesday. “Now we must learn from the troubling revelations Mr. Snowden brought to light. Our intelligence and law enforcement agencies must be given the tools they need to protect us, but that can be done in a way that does not sacrifice our rights.” Pentagon Papers whistleblower Daniel Ellsberg, who co-founded the public interest journalism advocacy group Freedom of the Press Foundation, where Snowden is a board member, also wrote, “Ed Snowden should be freed of the legal burden hanging over him. They should remove the indictment, pardon him if that’s the way to do it, so that he is no longer facing prison.” Snowden faces charges under the Espionage Act after he released classified NSA files to media outlets in 2013 exposing the U.S. government’s global mass surveillance operations. He fled to Hong Kong, then Russia, where he has been living under political asylum for the past three years.

The Pardon Snowden campaign, supported by the American Civil Liberties Union (ACLU), Amnesty International, and Human Rights Watch (HRW), urgespeople around the world to write to Obama throughout his last four months in the White House.

A new study says that the U.S. tech industry is likely to lose more than $35 billion from foreign customers by 2016 because of concerns over government surveillance.“In short, foreign customers are shunning U.S. companies,” the authors of a new study from the Information Technology and Innovation Foundation write.ADVERTISEMENT“The U.S. government’s failure to reform many of the NSA’s surveillance programs has damaged the competitiveness of the U.S. tech sector and cost it a portion of the global market share,” they said.The think tank’s report found that the cost to the tech sector associated with ongoing concerns over surveillance programs run out of the U.S. was likely to “far exceed” $35 billion by 2016, an earlier estimate set by the group.

The group said that lawmakers must enact additional reforms to surveillance policy if they wish to help the tech sector regain the trust of foreign customers. That includes opposing “backdoors,” which allow law enforcement to access otherwise encrypted data, and signing off on trade agreements, including the controversial Trans-Pacific Partnership, that “ban digital protectionism.”The study’s authors found that the revelations about broad U.S. surveillance programs acted as a justification for foreign policymakers to enact protectionist policies aimed at aiding their own domestic technology sectors.Foreign companies have also used the information about U.S. surveillance programs to their advantage.“Some European companies have begun to highlight where their digital services are hosted as an alternative to U.S. companies,” the authors write.

American companies, they found, have lost contracts to foreign competitors over fears about mass surveillance.Earlier this month, President Obama signed the USA Freedom Act, a bill that reformed the three Patriot Act provisions that authorized the bulk, warrantless collection of Americans’ phone records. The bill was widely supported by technology companies, including giants like Apple and Google.

Now that the United States government has cracked open an iPhone that belonged to a gunman in the San Bernardino, Calif., mass shooting without Apple’s help, the tech company is under pressure to find and fix the flaw.But unlike other cases where security vulnerabilities have cropped up, Apple may face a higher set of hurdles in ferreting out and repairing the particular iPhone hole that the government hacked.The challenges start with the lack of information about the method that the law enforcement authorities, with the aid of a third party, used to break into the iPhone of Syed Rizwan Farook, an attacker in the San Bernardino rampage last year. Federal officials have refused to identify the person, or organization, who helped crack the device, and have declined to specify the procedure used to open the iPhone. Apple also cannot obtain the device to reverse-engineer the problem, the way it would in other hacking situations.

In 2012, The Guardian reported on Facebook’s arbitrary and ridiculous nudity and violence guidelines which allow images of crushed limbs but – dear god spare us the image of a woman breastfeeding. Still, people stayed – and Facebook grew. In 2014, Facebook admitted to mind control games via positive or negative emotional content tests on unknowing and unwilling platform users. Still, people stayed – and Facebook grew. Following the 2016 election, Facebook responded to the Harpie shrieks from the corporate Democrats bysetting up a so-called “fake news” task force to weed out those dastardly commies (or socialists or anarchists or leftists or libertarians or dissidents or…). And since then, I’ve watched my reach on Facebook drain like water in a bathtub – hard to notice at first and then a spastic swirl while people bicker about how to plug the drain. And still, we stayed – and the censorship tightened. Roughly a year ago, my show Act Out! reported on both the censorship we were experiencing but also the cramped filter bubbling that Facebook employs in order to keep the undesirables out of everyone’s news feed. Still, I stayed – and the censorship tightened. 2017 into 2018 saw more and more activist organizers, particularly black and brown, thrown into Facebook jail for questioning systemic violence and demanding better. In August, puss bag ass hat in a human suit Alex Jones was banned from Facebook – YouTube, Apple and Twitter followed suit shortly thereafter. Some folks celebrated. Some others of us skipped the party because we could feel what was coming.

On Thursday, October 11th of this year, Facebook purged more than 800 pages including The Anti-Media, Police the Police, Free Thought Project and many other social justice and alternative media pages. Their explanation rested on the painfully flimsy foundation of “inauthentic behavior.” Meanwhile, their fake-news checking team is stacked with the likes of the Atlantic Council and the Weekly Standard, neocon junk organizations that peddle such drivel as “The Character Assassination of Brett Kavanaugh.” Soon after, on the Monday before the Midterm elections, Facebook blocked another 115 accounts citing once again, “inauthentic behavior.” Then, in mid November, a massive New York Times piece chronicled Facebook’s long road to not only save its image amid rising authoritarian behavior, but “to discredit activist protesters, in part by linking them to the liberal financier George Soros.” (I consistently find myself waiting for those Soros and Putin checks in the mail that just never appear.)

What we need is an open source, non-surveillance platform. And right now, that platform is Minds. Before you ask, I’m not being paid to write that.

One of the few positive things in the ill-named USA FREEDOM Act, enacted in 2015 after the Snowden revelations on NSA domestic spying, is that it required the Director of National Intelligence to regularly report on its domestic surveillance activities. On Friday, the latest report was released on just how much our own government is spying on us. The news is not good at all if you value freedom over tyranny.According to the annual report, named the Statistical Transparency Report Regarding Use of National Security Authorities, the US government intercepted and stored information from more than a half-billion of our telephone calls and text messages in 2017. That is a 300 percent increase from 2016. All of these intercepts were “legal” under the Foreign Intelligence Surveillance Act (FISA), which is ironic because FISA was enacted to curtail the Nixon-era abuse of surveillance on American citizens.Has the US government intercepted your phone calls and/or text messages? You don’t know, which is why the surveillance state is so evil. Instead of assuming your privacy is protected by the US Constitution, you must assume that the US government is listening in to your communications. The difference between these is the difference between freedom and tyranny. The ultimate triumph of totalitarian states was not to punish citizens for opposing its tyranny, but to successfully cause them to censor themselves before even expressing “subversive” thoughts.

Where power is not overtly totalitarian, wealthy elites have bought up all media, first in print, then radio, then television, and used it to advance narratives that are favorable to their interests. Not until humanity gained widespread access to the internet has our species had the ability to freely and easily share ideas and information on a large scale without regulation by the iron-fisted grip of power. This newfound ability arguably had a direct impact on the election for the most powerful elected office in the most powerful government in the world in 2016, as a leak publishing outlet combined with alternative and social media enabled ordinary Americans to tell one another their own stories about what they thought was going on in their country.This newly democratized narrative-generating power of the masses gave those in power an immense fright, and they’ve been working to restore the old order of power controlling information ever since. And the editor-in-chief of the aforementioned leak publishing outlet, WikiLeaks, has been repeatedly trying to warn us about this coming development.

In a statement that was recently read during the “Organising Resistance to Internet Censorship” webinar, sponsored by the World Socialist Web Site, Assange warned of how “digital super states” like Facebook and Google have been working to “re-establish discourse control”, giving authority over how ideas and information are shared back to those in power.Assange went on to say that the manipulative attempts of world power structures to regain control of discourse in the information age has been “operating at a scale, speed, and increasingly at a subtlety, that appears likely to eclipse human counter-measures.”What this means is that using increasingly more advanced forms of artificial intelligence, power structures are becoming more and more capable of controlling the ideas and information that people are able to access and share with one another, hide information which goes against the interests of those power structures and elevate narratives which support those interests, all of course while maintaining the illusion of freedom and lively debate.

To be clear, this is already happening. Due to a recent shift in Google’s “evaluation methods”, traffic to left-leaning and anti-establishment websites has plummeted, with sites like WikiLeaks, Alternet, Counterpunch, Global Research, Consortium News, Truthout, and WSWS losing up to 70 percent of the views they were getting prior to the changes. Powerful billionaire oligarchs Pierre Omidyar and George Soros are openly financing the development of “an automated fact-checking system” (AI) to hide “fake news” from the public.

Harris Corp.’s Stingray surveillance device has been one of the most closely guarded secrets in law enforcement for more than 15 years. The company and its police clients across the United States have fought to keep information about the mobile phone-monitoring boxes from the public against which they are used. The Intercept has obtained several Harris instruction manuals spanning roughly 200 pages and meticulously detailing how to create a cellular surveillance dragnet. Harris has fought to keep its surveillance equipment, which carries price tags in the low six figures, hidden from both privacy activists and the general public, arguing that information about the gear could help criminals. Accordingly, an older Stingray manual released under the Freedom of Information Act to news website TheBlot.com last year was almost completely redacted. So too have law enforcement agencies at every level, across the country, evaded almost all attempts to learn how and why these extremely powerful tools are being used — though court battles have made it clear Stingrays are often deployed without any warrant. The San Bernardino Sheriff’s Department alone has snooped via Stingray, sans warrant, over 300 times.

The documents described and linked below, instruction manuals for the software used by Stingray operators, were provided to The Intercept as part of a larger cache believed to have originated with the Florida Department of Law Enforcement. Two of them contain a “distribution warning” saying they contain “Proprietary Information and the release of this document and the information contained herein is prohibited to the fullest extent allowable by law.”  Although “Stingray” has become a catch-all name for devices of its kind, often referred to as “IMSI catchers,” the manuals include instructions for a range of other Harris surveillance boxes, including the Hailstorm, ArrowHead, AmberJack, and KingFish. They make clear the capability of those devices and the Stingray II to spy on cellphones by, at minimum, tracking their connection to the simulated tower, information about their location, and certain “over the air” electronic messages sent to and from them. Wessler added that parts of the manuals make specific reference to permanently storing this data, something that American law enforcement has denied doing in the past.

One piece of Windows software used to control Harris’s spy boxes, software that appears to be sold under the name “Gemini,” allows police to track phones across 2G, 3G, and LTE networks. Another Harris app, “iDen Controller,” provides a litany of fine-grained options for tracking phones. A law enforcement agent using these pieces of software along with Harris hardware could not only track a large number of phones as they moved throughout a city but could also apply nicknames to certain phones to keep track of them in the future. The manual describing how to operate iDEN, the lengthiest document of the four at 156 pages, uses an example of a target (called a “subscriber”) tagged alternately as Green Boy and Green Ben: