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Despite the post-Snowden spotlight on mass surveillance, the intelligence community’s easiest end-run around the Fourth Amendment since 2001 has been something called a National Security Letter. FBI agents can demand that an Internet service provider, telephone company or financial institution turn over its records on any number of people — without any judicial review whatsoever — simply by writing a letter that says the information is needed for national security purposes. The FBI at one point was cranking out over 50,000 such letters a year; by the latest count, it still issues about 60 a day. The letters look like this:

Recipients are legally required to comply — but it doesn’t stop there. They also aren’t allowed to mention the order to anyone, least of all the person whose data is being searched. Ever. That’s because National Security Letters almost always come with eternal gag orders. Here’s that part:

That means the NSL process utterly disregards the First Amendment as well. More than a year ago, President Obama announced that he was ordering the Justice Department to terminate gag orders “within a fixed time unless the government demonstrates a real need for further secrecy.” And on Feb. 3, when the Office of the Director of National Intelligence announced a handful of baby steps resulting from its “comprehensive effort to examine and enhance [its] privacy and civil liberty protections” one of the most concrete was — finally — to cap the gag orders: In response to the President’s new direction, the FBI will now presumptively terminate National Security Letter nondisclosure orders at the earlier of three years after the opening of a fully predicated investigation or the investigation’s close. Continued nondisclosures orders beyond this period are permitted only if a Special Agent in Charge or a Deputy Assistant Director determines that the statutory standards for nondisclosure continue to be satisfied and that the case agent has justified, in writing, why continued nondisclosure is appropriate.

German public radio station rbb-Inforadio reported Wednesday that the country's foreign intelligence agency spied on the FBI and U.S. arms companies, adding to a growing list of targets among friendly nations the agency allegedly eavesdropped on.The station claimed that Germany's BND also spied on the International Criminal Court in The Hague, the World Health Organization, French Foreign Minister Laurent Fabius and even a German diplomat who headed an EU observer mission to Georgia from 2008 to 2011. It provided no source for its report, but the respected German weekly Der Spiegel also reported at the weekend that the BND targeted phone numbers and email addresses of officials in the United States, Britain, France, Switzerland, Greece, the Vatican and other European countries, as well as at international aid groups such as the Red Cross. The claims are particularly sensitive in Germany because the government reacted with anger two years ago to reports that the U.S. eavesdropped on German targets, including Chancellor Angela Merkel, who declared at the time that "spying among friends, that's just wrong."German lawmakers have broadened a probe into the U.S. National Security Agency's activities in the country to include the work of the BND.

How much extra will you have to pay for the privilege of being spied on?

UK ISPs have warned MPs that the costs of implementing the Investigatory Powers Bill (aka the Snooper's Charter) will be much greater than the £175 million the UK government has allotted for the task, and that broadband bills will need to rise as a result. Representatives from ISPs and software companies told the House of Commons Science and Technology Committee that the legislation greatly underestimates the "sheer quantity" of data generated by Internet users these days. They also pointed out that distinguishing content from metadata is a far harder task than the government seems to assume. Matthew Hare, the chief executive of ISP Gigaclear, said with "a typical 1 gigabit connection to someone's home, over 50 terabytes of data per year [are] passing over it. If you say that a proportion of that is going to be the communications data—the record of who you communicate with, when you communicate or what you communicate—there would be the most massive and enormous amount of data that in future an access provider would be expected to keep. The indiscriminate collection of mass data across effectively every user of the Internet in this country is going to have a massive cost."

Moreover, the larger the cache of stored data, the more worthwhile it will be for criminals and state-backed actors to gain access and download that highly-revealing personal information for fraud and blackmail. John Shaw, the vice president of product management at British security firm Sophos, told the MPs: "There would be a huge amount of very sensitive personal data that could be used by bad guys.

EFF, Human Rights Watch, and Over 70 Civil Society Groups Ask Mark Zuckerberg to Provide All Users with Mechanism to Appeal Content Censorship on Facebook World’s Freedom of Expression Is In Your Hands, Groups Tell CEO San Francisco—The Electronic Frontier Foundation (EFF) and more than 70 human and digital rights groups called on Mark Zuckerberg today to add real transparency and accountability to Facebook’s content removal process. Specifically, the groups demand that Facebook clearly explain how much content it removes, both rightly and wrongly, and provide all users with a fair and timely method to appeal removals and get their content back up. While Facebook is under enormous—and still mounting—pressure to remove material that is truly threatening, without transparency, fairness, and processes to identify and correct mistakes, Facebook’s content takedown policies too often backfire and silence the very people that should have their voices heard on the platform.  Politicians, museums, celebrities, and other high profile groups and individuals whose improperly removed content can garner media attention seem to have little trouble reaching Facebook to have content restored—they sometimes even receive an apology. But the average user? Not so much. Facebook only allows people to appeal content decisions in a limited set of circumstances, and in many cases, users have absolutely no option to appeal. Onlinecensorship.org, an EFF project for users to report takedown notices, has collected reports of hundreds of unjustified takedown incidents where appeals were unavailable. For most users, content Facebook removes is rarely restored, and some are banned from the platform for no good reason. EFF, Article 19, the Center for Democracy and Technology, and Ranking Digital Rights wrote directly to Mark Zuckerberg today demanding that Facebook implement common sense standards so that average users can easily appeal content moderation decisions, receive prompt replies and timely review by a human or humans, and have the opportunity to present evidence during the review process. The letter was co-signed by more than 70 human rights, digital rights, and civil liberties organizations from South America, Europe, the Middle East, Asia, Africa, and the U.S.

Wedbush analyst Daniel Ives called the decline of iPhone sales in China a "doomsday type" like decline. Ives said the fall was an "unprecedented" drop and was "not surprising given the essential lockdown that most of China saw" in February. Wedbush expects Chinese demand to come back online in the second half of the year. * * * We've explained that economic paralysis in China started in early February and continues to this day. Alternative data first showed us the incoming economic crash developing in early February, only to be confirmed weeks later. Twin shocks plague the Chinese economy, which is a supply shock with manufacturers operating at less than full capacity, along with a demand shock, where consumers have been confined to their homes in forced quarantine, unable to spend.  So, on Monday morning, when new data from the China Academy of Information and Communications Technology (CAICT) reveals Apple smartphone sales in China were halved in February, this really shouldn't surprise ZeroHedge readers, considering they've been well informed about what would happen next. 

And it wasn't just Apple with plunging activity, all mobile phone brands operating in China saw shipments halved over the month.  CAICT said 6.34 million devices were shipped last month, down 54.7% from 14 million in the same month the previous year. This was the lowest level of February shipments since 2012, when the CAICT data first became available.  Android brands, including Huawei and Xiaomi, accounted for most of the drop, collectively saw shipments at 5.85 million units for the month, compared to 12.72 million units last year. Apple shipped 494,000 last month, down from 1.27 million in February 2019.

Google ultimately caved to Russia’s Federal Antimonopoly Service, agreeing to pay $7.8 million (438 million rubles) for violating antitrust laws. The corporate Colossus will also pay two other fines totaling an additional $18,000 (1 million rubles) for failing to comply with past orders issued by state regulators. Last year Google caved to similar demands by the European Union.

In August 2016 Russia’s Federal Antimonopoly Service responded to a complaint by Russian search engine operator Yandex and fined the U.S.-based Google 438 million rubles for abusing its dominant market position to force manufacturers to make Google applications the default services on devices using Android. Regulators set the fine at 9 percent of Google’s reported profits on the Russian market in 2014, plus inflation. Similar to the case against the European Union Google challenged the penalty in several appellate courts before finally agreeing this week to meet the government’s demands. The corporation also agreed to stop requiring manufacturers to install Google services as the default applications on Android-powered devices. The agreement is valid for six years and nine months, Russia’s Antimonopoly Service reported. Last year Google, after a protracted battle, caved to similar antitrust regulations by the European Union, but the internet giant has also come under fire elsewhere. In 2015 Australian treasurer Joe Hockey implied Google in his list of corporate tax thieves. In January 2016 British lawmakers decided to fry Google over tax evasion. Google and taxes were compared to the Bermuda Triangle. One year ago the dispute between the European Union’s competition watchdog and Google, culminated in the European Commission formally charging Google with abusing the dominant position of its Android mobile phone operating system, having launched an investigation in April 2015.

"Just 40 miles west on the Kansas Turnpike from Kansas City Kansas sits Lawrence, KS. With the slow rollout of Google fiber in their neighbor city, it was looking like their 89,000 people were not going to get the gigabit fiber to the home for quite some time. Up steps Wicked Broadband, a local ISP. With a plan remarkably similar to Google's they look to build out fiber to the home, business, and so on with gigabit speed and similar rates, symmetric bandwidth and no caps. Wicked Fiber's offer is different than Google Fiber's, with more tiers — with cute names. The "Flying Monkey" gigabit plan is $100/month, "Tinman" at 100Mbps is $70/month. They offer TV as well but strangely put Internet streaming and Roku to the fore. They are even using Google's method of installing first in the neighborhoods with the most pre-registration to optimize efficiency, and installing only where there is enough demand. It seems Google's scheme to inspire competition in broadband access is working — if Wicked Fiber gets enough subscribers to make it pay. If this succeeds it may inspire similar ISPs near us to step up to gigabit fiber so let's root for them."

This is part of a Motherboard mini-series on the proliferation of phone cracking technology, the people behind it, and who is buying it. Follow along here.When cops have a phone to break into, they just might pull a small, laptop-sized device out of a rugged briefcase. After plugging the phone in with a cable, and a few taps of a touch-screen, the cops have now bypassed the phone’s passcode. Almost like magic, they now have access to call logs, text messages, and in some cases even deleted data.State police forces and highway patrols in the US have collectively spent millions of dollars on this sort of technology to break into and extract data from mobile phones, according to documents obtained by Motherboard. Over 2,000 pages of invoices, purchase orders, communications, and other documents lay out in unprecedented detail how one company in particular has cornered the trade in mobile phone forensics equipment across the United States.Cellebrite, an Israel-based firm, sells tools that can pull data from most mobile phones on the market, such as contact lists, emails, and wiped messages. Cellebrite's products can also circumvent the passcode locks or other security protections on many current mobile phones. The gear is typically used to gather evidence from a criminal suspect's device after it has been seized, and although not many public examples of abuse are available, Cellebrite’s tools have been used by non-US authorities to prosecute dissidents.Previous reports have focused on federal agencies' acquisition of Cellebrite tools. But as smartphones have proliferated and increasingly become the digital center of our lives, the demand and supply of mobile forensics tools has trickled down to more local bodies.

The Senate Judiciary Committee held an open hearing today on the FISA Amendments Act, the law that ostensibly authorizes the digital surveillance of hundreds of millions of people both in the United States and around the world. Section 702 of the law, scheduled to expire next year, is designed to allow U.S. intelligence services to collect signals intelligence on foreign targets related to our national security interests. However—thanks to the leaks of many whistleblowers including Edward Snowden, the work of investigative journalists, and statements by public officials—we now know that the FISA Amendments Act has been used to sweep up data on hundreds of millions of people who have no connection to a terrorist investigation, including countless Americans. What do we mean by “countless”? As became increasingly clear in the hearing today, the exact number of Americans impacted by this surveillance is unknown. Senator Franken asked the panel of witnesses, “Is it possible for the government to provide an exact count of how many United States persons have been swept up in Section 702 surveillance? And if not the exact count, then what about an estimate?”

The lack of information makes rigorous oversight of the programs all but impossible. As Senator Franken put it in the hearing today, “When the public lacks even a rough sense of the scope of the government’s surveillance program, they have no way of knowing if the government is striking the right balance, whether we are safeguarding our national security without trampling on our citizens’ fundamental privacy rights. But the public can’t know if we succeed in striking that balance if they don’t even have the most basic information about our major surveillance programs."  Senator Patrick Leahy also questioned the panel about the “minimization procedures” associated with this type of surveillance, the privacy safeguard that is intended to ensure that irrelevant data and data on American citizens is swiftly deleted. Senator Leahy asked the panel: “Do you believe the current minimization procedures ensure that data about innocent Americans is deleted? Is that enough?”  David Medine, who recently announced his pending retirement from the Privacy and Civil Liberties Oversight Board, answered unequivocally:

Elizabeth Goitein, the Brennan Center director whose articulate and thought-provoking testimony was the highlight of the hearing, noted that at this time an exact number would be difficult to provide. However, she asserted that an estimate should be possible for most if not all of the government’s surveillance programs. None of the other panel participants—which included David Medine and Rachel Brand of the Privacy and Civil Liberties Oversight Board as well as Matthew Olsen of IronNet Cybersecurity and attorney Kenneth Wainstein—offered an estimate. Today’s hearing reaffirmed that it is not only the American people who are left in the dark about how many people or accounts are impacted by the NSA’s dragnet surveillance of the Internet. Even vital oversight committees in Congress like the Senate Judiciary Committee are left to speculate about just how far-reaching this surveillance is. It's part of the reason why we urged the House Judiciary Committee to demand that the Intelligence Community provide the public with a number. 

The movement to encrypt the web has reached a milestone. As of earlier this month, approximately half of Internet traffic is now protected by HTTPS. In other words, we are halfway to a web safer from the eavesdropping, content hijacking, cookie stealing, and censorship that HTTPS can protect against. Mozilla recently reported that the average volume of encrypted web traffic on Firefox now surpasses the average unencrypted volume

Google Chrome’s figures on HTTPS usage are consistent with that finding, showing that over 50% of of all pages loaded are protected by HTTPS across different operating systems.

This milestone is a combination of HTTPS implementation victories: from tech giants and large content providers, from small websites, and from users themselves.

Months before the debate about Internet censorship raged as SOPA and PIPA dominated the concerns of web users, President Obama signed an international treaty that would allow companies in China or any other country in the world to demand ISPs remove web content in the US with no legal oversight whatsoever.

The White House has circumvented the necessity to have the treaty confirmed by lawmakers by presenting it an as “executive agreement,” although legal scholars have highlighted the dubious nature of this characterization.

In presenting ACTA as an “international agreement” rather than a treaty, the Obama administration managed to circumvent the legislative process and avoid having to get Senate approval, a method questioned by Senator Wyden. “That said, even if Obama has declared ACTA an executive agreement (while those in Europe insist that it’s a binding treaty), there is a very real Constitutional question here: can it actually be an executive agreement?” asks TechDirt. “The law is clear that the only things that can be covered by executive agreements are things that involve items that are solely under the President’s mandate. That is, you can’t sign an executive agreement that impacts the things Congress has control over. But here’s the thing: intellectual property, in Article 1, Section 8 of the Constitution, is an issue given to Congress, not the President. Thus, there’s a pretty strong argument that the president legally cannot sign any intellectual property agreements as an executive agreement and, instead, must submit them to the Senate.”