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Gary Edwards

Tech Execs Express Extreme Concern That NSA Surveillance Could Lead To 'Breaking' The I... - 0 views

www.techdirt.com/...ead-to-breaking-internet.shtml

NSA-Patriot-Act-NDAA

shared by Gary Edwards on 10 Oct 14 - No Cached
  • We need to look the world's dangers in the face. And we need to resolve that we will not allow the dangers of the world to freeze this country in its tracks. We need to recognize that antiquated laws will not keep the public safe. We need to recognize that laws that the rest of the world does not respect will ultimately undermine the fundamental ability of our own legal processes, law enforcement agencies and even the intelligence community itself. At the end of the day, we need to recognize... the one asset that the US has which is even stronger than our military might is our moral authority. And this decline in trust, has not only effected people's trust in American technology products. It has effected people's willingness to trust the leadership of the United States. If we are going to win the war on terror. If we are going to keep the public safe. If we are going to improve American competitiveness, we need Congress to stay on the path it's set. We need Congress to finish in December the job the President put before Congress in January.
  • Gary Edwards on 10 Oct 14
     
    "Nothing necessarily earth-shattering was said by anyone, but it did involve a series of high powered tech execs absolutely slamming the NSA and the intelligence community, and warning of the vast repercussions from that activity, up to and including potentially splintering or "breaking" the internet by causing people to so distrust the existing internet, that they set up separate networks on their own. The execs repeated the same basic points over and over again. They had been absolutely willing to work with law enforcement when and where appropriate based on actual court orders and review -- but that the government itself completely poisoned the well with its activities, including hacking into the transmission lines between overseas datacenters. Thus, as Eric Schmidt noted, if the NSA and other law enforcement folks are "upset" about Google and others suddenly ramping up their use of encryption and being less willing to cooperate with the government, they only have themselves to blame for completely obliterating any sense of trust. Microsoft's Brad Smith, towards the end, made quite an impassioned plea -- it sounded more like a politician's stump speech -- about the need for rebuilding trust in the internet. It's at about an hour and 3 minutes into the video. He points out that while people had expected Congress to pass the USA Freedom Act, the rise of ISIS and other claimed threats has some people scared, but, he notes: We need to look the world's dangers in the face. And we need to resolve that we will not allow the dangers of the world to freeze this country in its tracks. We need to recognize that antiquated laws will not keep the public safe. We need to recognize that laws that the rest of the world does not respect will ultimately undermine the fundamental ability of our own legal processes, law enforcement agencies and even the intelligence community itself. At the end of the day, we need to recognize... the one asset that the US has which is even stron
Paul Merrell

Popular Security Software Came Under Relentless NSA and GCHQ Attacks - The Intercept - 0 views

firstlook.org/...nsa-gchq-targeted-kaspersky

surveillance state NSA GCHQ anti-virus-software

shared by Paul Merrell on 23 Jun 15 - No Cached
  • The National Security Agency and its British counterpart, Government Communications Headquarters, have worked to subvert anti-virus and other security software in order to track users and infiltrate networks, according to documents from NSA whistleblower Edward Snowden. The spy agencies have reverse engineered software products, sometimes under questionable legal authority, and monitored web and email traffic in order to discreetly thwart anti-virus software and obtain intelligence from companies about security software and users of such software. One security software maker repeatedly singled out in the documents is Moscow-based Kaspersky Lab, which has a holding registered in the U.K., claims more than 270,000 corporate clients, and says it protects more than 400 million people with its products. British spies aimed to thwart Kaspersky software in part through a technique known as software reverse engineering, or SRE, according to a top-secret warrant renewal request. The NSA has also studied Kaspersky Lab’s software for weaknesses, obtaining sensitive customer information by monitoring communications between the software and Kaspersky servers, according to a draft top-secret report. The U.S. spy agency also appears to have examined emails inbound to security software companies flagging new viruses and vulnerabilities.
  • The efforts to compromise security software were of particular importance because such software is relied upon to defend against an array of digital threats and is typically more trusted by the operating system than other applications, running with elevated privileges that allow more vectors for surveillance and attack. Spy agencies seem to be engaged in a digital game of cat and mouse with anti-virus software companies; the U.S. and U.K. have aggressively probed for weaknesses in software deployed by the companies, which have themselves exposed sophisticated state-sponsored malware.
  • The requested warrant, provided under Section 5 of the U.K.’s 1994 Intelligence Services Act, must be renewed by a government minister every six months. The document published today is a renewal request for a warrant valid from July 7, 2008 until January 7, 2009. The request seeks authorization for GCHQ activities that “involve modifying commercially available software to enable interception, decryption and other related tasks, or ‘reverse engineering’ software.”
  • ...9 more annotations...
  • The NSA, like GCHQ, has studied Kaspersky Lab’s software for weaknesses. In 2008, an NSA research team discovered that Kaspersky software was transmitting sensitive user information back to the company’s servers, which could easily be intercepted and employed to track users, according to a draft of a top-secret report. The information was embedded in “User-Agent” strings included in the headers of Hypertext Transfer Protocol, or HTTP, requests. Such headers are typically sent at the beginning of a web request to identify the type of software and computer issuing the request.
  • According to the draft report, NSA researchers found that the strings could be used to uniquely identify the computing devices belonging to Kaspersky customers. They determined that “Kaspersky User-Agent strings contain encoded versions of the Kaspersky serial numbers and that part of the User-Agent string can be used as a machine identifier.” They also noted that the “User-Agent” strings may contain “information about services contracted for or configurations.” Such data could be used to passively track a computer to determine if a target is running Kaspersky software and thus potentially susceptible to a particular attack without risking detection.
  • Another way the NSA targets foreign anti-virus companies appears to be to monitor their email traffic for reports of new vulnerabilities and malware. A 2010 presentation on “Project CAMBERDADA” shows the content of an email flagging a malware file, which was sent to various anti-virus companies by François Picard of the Montréal-based consulting and web hosting company NewRoma. The presentation of the email suggests that the NSA is reading such messages to discover new flaws in anti-virus software. Picard, contacted by The Intercept, was unaware his email had fallen into the hands of the NSA. He said that he regularly sends out notification of new viruses and malware to anti-virus companies, and that he likely sent the email in question to at least two dozen such outfits. He also said he never sends such notifications to government agencies. “It is strange the NSA would show an email like mine in a presentation,” he added.
  • The NSA presentation goes on to state that its signals intelligence yields about 10 new “potentially malicious files per day for malware triage.” This is a tiny fraction of the hostile software that is processed. Kaspersky says it detects 325,000 new malicious files every day, and an internal GCHQ document indicates that its own system “collect[s] around 100,000,000 malware events per day.” After obtaining the files, the NSA analysts “[c]heck Kaspersky AV to see if they continue to let any of these virus files through their Anti-Virus product.” The NSA’s Tailored Access Operations unit “can repurpose the malware,” presumably before the anti-virus software has been updated to defend against the threat.
  • The Project CAMBERDADA presentation lists 23 additional AV companies from all over the world under “More Targets!” Those companies include Check Point software, a pioneering maker of corporate firewalls based Israel, whose government is a U.S. ally. Notably omitted are the American anti-virus brands McAfee and Symantec and the British company Sophos.
  • As government spies have sought to evade anti-virus software, the anti-virus firms themselves have exposed malware created by government spies. Among them, Kaspersky appears to be the sharpest thorn in the side of government hackers. In the past few years, the company has proven to be a prolific hunter of state-sponsored malware, playing a role in the discovery and/or analysis of various pieces of malware reportedly linked to government hackers, including the superviruses Flame, which Kaspersky flagged in 2012; Gauss, also detected in 2012; Stuxnet, discovered by another company in 2010; and Regin, revealed by Symantec. In February, the Russian firm announced its biggest find yet: the “Equation Group,” an organization that has deployed espionage tools widely believed to have been created by the NSA and hidden on hard drives from leading brands, according to Kaspersky. In a report, the company called it “the most advanced threat actor we have seen” and “probably one of the most sophisticated cyber attack groups in the world.”
  • Hacks deployed by the Equation Group operated undetected for as long as 14 to 19 years, burrowing into the hard drive firmware of sensitive computer systems around the world, according to Kaspersky. Governments, militaries, technology companies, nuclear research centers, media outlets and financial institutions in 30 countries were among those reportedly infected. Kaspersky estimates that the Equation Group could have implants in tens of thousands of computers, but documents published last year by The Intercept suggest the NSA was scaling up their implant capabilities to potentially infect millions of computers with malware. Kaspersky’s adversarial relationship with Western intelligence services is sometimes framed in more sinister terms; the firm has been accused of working too closely with the Russian intelligence service FSB. That accusation is partly due to the company’s apparent success in uncovering NSA malware, and partly due to the fact that its founder, Eugene Kaspersky, was educated by a KGB-backed school in the 1980s before working for the Russian military.
  • Kaspersky has repeatedly denied the insinuations and accusations. In a recent blog post, responding to a Bloomberg article, he complained that his company was being subjected to “sensationalist … conspiracy theories,” sarcastically noting that “for some reason they forgot our reports” on an array of malware that trace back to Russian developers. He continued, “It’s very hard for a company with Russian roots to become successful in the U.S., European and other markets. Nobody trusts us — by default.”
  • Documents published with this article: Kaspersky User-Agent Strings — NSA Project CAMBERDADA — NSA NDIST — GCHQ’s Developing Cyber Defence Mission GCHQ Application for Renewal of Warrant GPW/1160 Software Reverse Engineering — GCHQ Reverse Engineering — GCHQ Wiki Malware Analysis & Reverse Engineering — ACNO Skill Levels — GCHQ
Gonzalo San Gil, PhD.

Whatever You Call It -- Open Journalism, Social Media Journalism, Open-Source Intellige... - 0 views

www.techdirt.com/...ligence-going-mainstream.shtml

open free independent social media social journalism intelligence media go mainstream

shared by Gonzalo San Gil, PhD. on 24 Jun 15 - No Cached
  • Gonzalo San Gil, PhD. on 24 Jun 15
     
    "from the first-draft-of-first-draft dept We've written a couple of times about the use of publicly-available information, typically posted on social networks, to verify developing stories where traditional sources are scarce or unreliable. This new field doesn't seem to have a fixed name yet -- open journalism, social media journalism, open-source intelligence are all used -- but whatever it is, it's clearly going mainstream, as this announcement on the YouTube blog of The First Draft Coalition makes clear: "
Paul Merrell

NSA contractors use LinkedIn profiles to cash in on national security | Al Jazeera America - 0 views

america.aljazeera.com/...tractors-linkedinprofiles.html

surveillance state NSA NSA-methods spying-on-spies

shared by Paul Merrell on 30 May 14 - No Cached
  • NSA spies need jobs, too. And that is why many covert programs could be hiding in plain sight. Job websites such as LinkedIn and Indeed.com contain hundreds of profiles that reference classified NSA efforts, posted by everyone from career government employees to low-level IT workers who served in Iraq or Afghanistan. They offer a rare glimpse into the intelligence community's projects and how they operate. Now some researchers are using the same kinds of big-data tools employed by the NSA to scrape public LinkedIn profiles for classified programs. But the presence of so much classified information in public view raises serious concerns about security — and about the intelligence industry as a whole. “I’ve spent the past couple of years searching LinkedIn profiles for NSA programs,” said Christopher Soghoian, the principal technologist with the American Civil Liberties Union’s Speech, Privacy and Technology Project.
  • On Aug. 3, The Wall Street Journal published a story about the FBI’s growing use of hacking to monitor suspects, based on information Soghoian provided. The next day, Soghoian spoke at the Defcon hacking conference about how he uncovered the existence of the FBI’s hacking team, known as the Remote Operations Unit (ROU), using the LinkedIn profiles of two employees at James Bimen Associates, with which the FBI contracts for hacking operations. “Had it not been for the sloppy actions of a few contractors updating their LinkedIn profiles, we would have never known about this,” Soghoian said in his Defcon talk. Those two contractors were not the only ones being sloppy.
  • And there are many more. A quick search of Indeed.com using three code names unlikely to return false positives — Dishfire, XKeyscore and Pinwale — turned up 323 résumés. The same search on LinkedIn turned up 48 profiles mentioning Dishfire, 18 mentioning XKeyscore and 74 mentioning Pinwale. Almost all these people appear to work in the intelligence industry. Network-mapping the data Fabio Pietrosanti of the Hermes Center for Transparency and Digital Human Rights noticed all the code names on LinkedIn last December. While sitting with M.C. McGrath at the Chaos Communication Congress in Hamburg, Germany, Pietrosanti began searching the website for classified program names — and getting serious results. McGrath was already developing Transparency Toolkit, a Web application for investigative research, and knew he could improve on Pietrosanti’s off-the-cuff methods.
  • ...2 more annotations...
  • “I was, like, huh, maybe there’s more we can do with this — actually get a list of all these profiles that have these results and use that to analyze the structure of which companies are helping with which programs, which people are helping with which programs, try to figure out in what capacity, and learn more about things that we might not know about,” McGrath said. He set up a computer program called a scraper to search LinkedIn for public profiles that mention known NSA programs, contractors or jargon — such as SIGINT, the agency’s term for “signals intelligence” gleaned from intercepted communications. Once the scraper found the name of an NSA program, it searched nearby for other words in all caps. That allowed McGrath to find the names of unknown programs, too. Once McGrath had the raw data — thousands of profiles in all, with 70 to 80 different program names — he created a network graph that showed the relationships between specific government agencies, contractors and intelligence programs. Of course, the data are limited to what people are posting on their LinkedIn profiles. Still, the network graph gives a sense of which contractors work on several NSA programs, which ones work on just one or two, and even which programs military units in Iraq and Afghanistan are using. And that is just the beginning.
  • Click on the image to view an interactive network illustration of the relationships between specific national security surveillance programs in red, and government organizations or private contractors in blue.
  • Paul Merrell on 30 May 14
     
    What a giggle, public spying on NSA and its contractors using Big Data. The interactive network graph with its sidebar display of relevant data derived from LinkedIn profiles is just too delightful. 
Paul Merrell

The Great SIM Heist: How Spies Stole the Keys to the Encryption Castle - 0 views

firstlook.org/...great-sim-heist

surveillance state NSA GCHQ SIM-card-keys mobile-devices decryption

shared by Paul Merrell on 20 Feb 15 - No Cached
  • AMERICAN AND BRITISH spies hacked into the internal computer network of the largest manufacturer of SIM cards in the world, stealing encryption keys used to protect the privacy of cellphone communications across the globe, according to top-secret documents provided to The Intercept by National Security Agency whistleblower Edward Snowden. The hack was perpetrated by a joint unit consisting of operatives from the NSA and its British counterpart Government Communications Headquarters, or GCHQ. The breach, detailed in a secret 2010 GCHQ document, gave the surveillance agencies the potential to secretly monitor a large portion of the world’s cellular communications, including both voice and data. The company targeted by the intelligence agencies, Gemalto, is a multinational firm incorporated in the Netherlands that makes the chips used in mobile phones and next-generation credit cards. Among its clients are AT&T, T-Mobile, Verizon, Sprint and some 450 wireless network providers around the world. The company operates in 85 countries and has more than 40 manufacturing facilities. One of its three global headquarters is in Austin, Texas and it has a large factory in Pennsylvania. In all, Gemalto produces some 2 billion SIM cards a year. Its motto is “Security to be Free.”
  • With these stolen encryption keys, intelligence agencies can monitor mobile communications without seeking or receiving approval from telecom companies and foreign governments. Possessing the keys also sidesteps the need to get a warrant or a wiretap, while leaving no trace on the wireless provider’s network that the communications were intercepted. Bulk key theft additionally enables the intelligence agencies to unlock any previously encrypted communications they had already intercepted, but did not yet have the ability to decrypt.
  • Leading privacy advocates and security experts say that the theft of encryption keys from major wireless network providers is tantamount to a thief obtaining the master ring of a building superintendent who holds the keys to every apartment. “Once you have the keys, decrypting traffic is trivial,” says Christopher Soghoian, the principal technologist for the American Civil Liberties Union. “The news of this key theft will send a shock wave through the security community.”
  • ...2 more annotations...
  • According to one secret GCHQ slide, the British intelligence agency penetrated Gemalto’s internal networks, planting malware on several computers, giving GCHQ secret access. We “believe we have their entire network,” the slide’s author boasted about the operation against Gemalto. Additionally, the spy agency targeted unnamed cellular companies’ core networks, giving it access to “sales staff machines for customer information and network engineers machines for network maps.” GCHQ also claimed the ability to manipulate the billing servers of cell companies to “suppress” charges in an effort to conceal the spy agency’s secret actions against an individual’s phone. Most significantly, GCHQ also penetrated “authentication servers,” allowing it to decrypt data and voice communications between a targeted individual’s phone and his or her telecom provider’s network. A note accompanying the slide asserted that the spy agency was “very happy with the data so far and [was] working through the vast quantity of product.”
  • The U.S. and British intelligence agencies pulled off the encryption key heist in great stealth, giving them the ability to intercept and decrypt communications without alerting the wireless network provider, the foreign government or the individual user that they have been targeted. “Gaining access to a database of keys is pretty much game over for cellular encryption,” says Matthew Green, a cryptography specialist at the Johns Hopkins Information Security Institute. The massive key theft is “bad news for phone security. Really bad news.”
  • Paul Merrell on 20 Feb 15
     
    Remember all those NSA claims that no evidence of their misbehavior has emerged? That one should never take wing again. Monitoring call content without the involvement of any court? Without a warrant? Without probable cause?  Was there even any Congressional authorization?  Wiretapping unequivocally requires a judicially-approved search warrant. It's going to be very interesting to learn the government's argument for this misconduct's legality. 
Paul Merrell

He Was a Hacker for the NSA and He Was Willing to Talk. I Was Willing to Listen. - 2 views

theintercept.com/...o-talk-i-was-willing-to-listen

surveillance state NSA-hacker-interview

shared by Paul Merrell on 03 Jul 16 - No Cached
  • he message arrived at night and consisted of three words: “Good evening sir!” The sender was a hacker who had written a series of provocative memos at the National Security Agency. His secret memos had explained — with an earthy use of slang and emojis that was unusual for an operative of the largest eavesdropping organization in the world — how the NSA breaks into the digital accounts of people who manage computer networks, and how it tries to unmask people who use Tor to browse the web anonymously. Outlining some of the NSA’s most sensitive activities, the memos were leaked by Edward Snowden, and I had written about a few of them for The Intercept. There is no Miss Manners for exchanging pleasantries with a man the government has trained to be the digital equivalent of a Navy SEAL. Though I had initiated the contact, I was wary of how he might respond. The hacker had publicly expressed a visceral dislike for Snowden and had accused The Intercept of jeopardizing lives by publishing classified information. One of his memos outlined the ways the NSA reroutes (or “shapes”) the internet traffic of entire countries, and another memo was titled “I Hunt Sysadmins.” I felt sure he could hack anyone’s computer, including mine. Good evening sir!
  • The sender was a hacker who had written a series of provocative memos at the National Security Agency. His secret memos had explained — with an earthy use of slang and emojis that was unusual for an operative of the largest eavesdropping organization in the world — how the NSA breaks into the digital accounts of people who manage computer networks, and how it tries to unmask people who use Tor to browse the web anonymously. Outlining some of the NSA’s most sensitive activities, the memos were leaked by Edward Snowden, and I had written about a few of them for The Intercept. There is no Miss Manners for exchanging pleasantries with a man the government has trained to be the digital equivalent of a Navy SEAL. Though I had initiated the contact, I was wary of how he might respond. The hacker had publicly expressed a visceral dislike for Snowden and had accused The Intercept of jeopardizing lives by publishing classified information. One of his memos outlined the ways the NSA reroutes (or “shapes”) the internet traffic of entire countries, and another memo was titled “I Hunt Sysadmins.” I felt sure he could hack anyone’s computer, including mine.
  • I got lucky with the hacker, because he recently left the agency for the cybersecurity industry; it would be his choice to talk, not the NSA’s. Fortunately, speaking out is his second nature.
  • ...7 more annotations...
  • He agreed to a video chat that turned into a three-hour discussion sprawling from the ethics of surveillance to the downsides of home improvements and the difficulty of securing your laptop.
  • In recent years, two developments have helped make hacking for the government a lot more attractive than hacking for yourself. First, the Department of Justice has cracked down on freelance hacking, whether it be altruistic or malignant. If the DOJ doesn’t like the way you hack, you are going to jail. Meanwhile, hackers have been warmly invited to deploy their transgressive impulses in service to the homeland, because the NSA and other federal agencies have turned themselves into licensed hives of breaking into other people’s computers. For many, it’s a techno sandbox of irresistible delights, according to Gabriella Coleman, a professor at McGill University who studies hackers. “The NSA is a very exciting place for hackers because you have unlimited resources, you have some of the best talent in the world, whether it’s cryptographers or mathematicians or hackers,” she said. “It is just too intellectually exciting not to go there.”
  • The Lamb’s memos on cool ways to hunt sysadmins triggered a strong reaction when I wrote about them in 2014 with my colleague Ryan Gallagher. The memos explained how the NSA tracks down the email and Facebook accounts of systems administrators who oversee computer networks. After plundering their accounts, the NSA can impersonate the admins to get into their computer networks and pilfer the data flowing through them. As the Lamb wrote, “sys admins generally are not my end target. My end target is the extremist/terrorist or government official that happens to be using the network … who better to target than the person that already has the ‘keys to the kingdom’?” Another of his NSA memos, “Network Shaping 101,” used Yemen as a theoretical case study for secretly redirecting the entirety of a country’s internet traffic to NSA servers.
  • “If I turn the tables on you,” I asked the Lamb, “and say, OK, you’re a target for all kinds of people for all kinds of reasons. How do you feel about being a target and that kind of justification being used to justify getting all of your credentials and the keys to your kingdom?” The Lamb smiled. “There is no real safe, sacred ground on the internet,” he replied. “Whatever you do on the internet is an attack surface of some sort and is just something that you live with. Any time that I do something on the internet, yeah, that is on the back of my mind. Anyone from a script kiddie to some random hacker to some other foreign intelligence service, each with their different capabilities — what could they be doing to me?”
  • “You know, the situation is what it is,” he said. “There are protocols that were designed years ago before anybody had any care about security, because when they were developed, nobody was foreseeing that they would be taken advantage of. … A lot of people on the internet seem to approach the problem [with the attitude of] ‘I’m just going to walk naked outside of my house and hope that nobody looks at me.’ From a security perspective, is that a good way to go about thinking? No, horrible … There are good ways to be more secure on the internet. But do most people use Tor? No. Do most people use Signal? No. Do most people use insecure things that most people can hack? Yes. Is that a bash against the intelligence community that people use stuff that’s easily exploitable? That’s a hard argument for me to make.”
  • I mentioned that lots of people, including Snowden, are now working on the problem of how to make the internet more secure, yet he seemed to do the opposite at the NSA by trying to find ways to track and identify people who use Tor and other anonymizers. Would he consider working on the other side of things? He wouldn’t rule it out, he said, but dismally suggested the game was over as far as having a liberating and safe internet, because our laptops and smartphones will betray us no matter what we do with them. “There’s the old adage that the only secure computer is one that is turned off, buried in a box ten feet underground, and never turned on,” he said. “From a user perspective, someone trying to find holes by day and then just live on the internet by night, there’s the expectation [that] if somebody wants to have access to your computer bad enough, they’re going to get it. Whether that’s an intelligence agency or a cybercrimes syndicate, whoever that is, it’s probably going to happen.”
  • There are precautions one can take, and I did that with the Lamb. When we had our video chat, I used a computer that had been wiped clean of everything except its operating system and essential applications. Afterward, it was wiped clean again. My concern was that the Lamb might use the session to obtain data from or about the computer I was using; there are a lot of things he might have tried, if he was in a scheming mood. At the end of our three hours together, I mentioned to him that I had taken these precautions—and he approved. “That’s fair,” he said. “I’m glad you have that appreciation. … From a perspective of a journalist who has access to classified information, it would be remiss to think you’re not a target of foreign intelligence services.” He was telling me the U.S. government should be the least of my worries. He was trying to help me. Documents published with this article: Tracking Targets Through Proxies & Anonymizers Network Shaping 101 Shaping Diagram I Hunt Sys Admins (first published in 2014)
Gonzalo San Gil, PhD.

Big Metadata: Repeat after Big Brother: metadata is harmless - 1 views

www.freerepublic.com/...posts

metadata Big Brother not so harmless

shared by Gonzalo San Gil, PhD. on 31 Mar 14 - No Cached
  • Gonzalo San Gil, PhD. on 31 Mar 14
     
    "American Thinker ^ | 06/13/2013 | Tom Bruner Posted on Thu 13 Jun 2013 03:53:26 PM CEST by SeekAndFind The National Security Agency (NSA) is obtaining a complete set of users' phone records from Verizon by means of a secret court order under the auspices of the Foreign Intelligence Surveillance Act (FISA), so reports the UK Guardian. We are assured by President Obama that no one is actually listening to the calls. This is being overseen by the FISA court, you see. That would be the Foreign Intelligence Surveillance Act court overseeing a program to gather data about domestic phone calls. But the kind of data being collected by the government is just metadata, and so nothing to worry about. So says Dianne Feinstein (D-CA)."
Paul Merrell

U.S. Says It Spied on 89,000 Targets Last Year, But the Number Is Deceptive | Threat Le... - 0 views

www.wired.com/...foreigners-targeted-for-spying

surveillance-state NSA FBI stats 2013

shared by Paul Merrell on 29 Jun 14 - No Cached
  • About 89,000 foreigners or organizations were targeted for spying under a U.S. surveillance order last year, according to a new transparency report. The report was released for the first time Friday by the Office of the Director of Intelligence, upon order of the president, in the wake of surveillance leaks by NSA whistleblower Edward Snowden. But the report, which covers only surveillance orders issued in 2013, doesn’t tell the whole story about how many individuals the spying targeted or how many Americans were caught in the surveillance that targeted foreigners. Civil liberties groups say the real number is likely “orders of magnitude” larger than this. “Even if it was an honest definition of ‘target’—that is, an individual instead of a group—that also is not encompassing those who are ancillary to a target and are caught up in the dragnet,” says Kurt Opsahl, deputy general counsel of the Electronic Frontier Foundation.
  • The report, remarkably, shows that the government obtained just one order last year under Section 702 of FISA—which allows for bulk collection of data on foreigners—and that this one order covered 89,138 targets. But, as the report notes, “target” can refer to “an individual person, a group, an organization composed of multiple individuals or a foreign power that possesses or is likely to communicate foreign intelligence information.” Furthermore, Section 702 orders are actually certificates issued by the FISA Court that can cover surveillance of an entire facility. And since, as the government points out in its report, the government cannot know how many people use a facility, the figure only “reflects an estimate of the number of known users of particular facilities (sometimes referred to as selectors) subject to intelligence collection under those Certifications,” the report notes.
  • “If you’re actually trying to get a sense of the number of human beings affected or the number of Americans affected, the number of people affected is vastly, vastly larger,” says Julian Sanchez, senior fellow at the Cato Institute. “And how many of those are Americans is impossible to say. But [although] you may not think you are routinely communicating with foreign persons, [this] is not any kind of assurance that your communications are not part of the traffic subject to interception.” Sanchez points out that each individual targeted is likely communicating with dozens or hundred of others, whose communications will be picked up in the surveillance. “And probably a lot of these targets are not individuals but entire web sites or companies. While [a company like the Chinese firm] Huawei might be a target, thousands of emails used by thousands of employees will be swept up.” How many of those employees might be American or communicating with Americans is unknown.
  • ...5 more annotations...
  • Also revealed in today’s report is the number of times the government has queried the controversial phone records database it created by collecting the phone records of every subscriber from U.S. providers. According to the report, the government used 423 “selectors” to search its massive phone records database, which includes records going back to at least 2006 when the program began. A search involves querying a specific phone number or device ID that appears in the database. The government has long maintained that its collection of phone records isn’t a violation of its authority, since it only views the records of specific individuals targeted in an investigation. But such searches, even if targeted at phone numbers used by foreigners, would include calls made to and from Americans as well as calls exchanged with people two or three hops out from the targeted number.
  • In its report, the government indicated that the 423 selectors involved just 248 “known or presumed” Americans whose information was collected by the agency in the database. But Opsahl says that both of these numbers are deceptive given what we know about the database and how it’s been used. “We know it’s affecting millions of people,” he points out. But “then we have estimated numbers of affected people [that are just] in the three digits. That requires some effort [on the government's part] to find a way to do the definition of the number [in such a way] to make it as small as possible.”
  • One additional figure today’s report covers is the number of National Security Letters the government issued last year to businesses to obtain data on accountholders and users—19,212. NSLs are written demands from the FBI that compel internet service providers, credit companies, financial institutions and others to hand over confidential records about their customers, such as subscriber information, phone numbers and e-mail addresses, websites visited, and more. These letters are a powerful tool because they do not require court approval, and they come with a built-in gag order, preventing recipients from disclosing to anyone that they have received an NSL. An FBI agent looking into a possible anti-terrorism case can self-issue an NSL to a credit bureau, ISP, or phone company with only the sign-off of the Special Agent in Charge of their office. The FBI has merely to assert that the information is “relevant” to an investigation into international terrorism or clandestine intelligence activities.
  • The FBI has issued hundreds of thousands of NSLs over the years and has been reprimanded for abusing them. Last year a federal judge ruled that the use of NSLs is unconstitutional, due to the gag order that accompanies them, and ordered the government to stop using them. Her ruling, however, was stayed pending the government’s appeal.
  • According to the government’s report today, the 19,000 NSLs issued last year involved more than 38,000 requests for information.
Paul Merrell

FBI Flouts Obama Directive to Limit Gag Orders on National Security Letters - The Inter... - 0 views

firstlook.org/...ders-national-security-letters

surveillance state FBI NSLs litigation 1st Amendment civil-liberties

shared by Paul Merrell on 24 Feb 15 - No Cached
  • 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.
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  • Despite the use of the word “now” in that first sentence, however, the FBI has yet to do any such thing. It has not announced any such change, nor explained how it will implement it, or when. Media inquiries were greeted with stalling and, finally, a no comment — ostensibly on advice of legal counsel. “There is pending litigation that deals with a lot of the same questions you’re asking, out of the Ninth Circuit,” FBI spokesman Chris Allen told me. “So for now, we’ll just have to decline to comment.” FBI lawyers are working on a court filing for that case, and “it will address” the new policy, he said. He would not say when to expect it.
  • There is indeed a significant case currently before the federal appeals court in San Francisco. Oral arguments were in October. A decision could come any time. But in that case, the Electronic Frontier Foundation (EFF), which is representing two unnamed communications companies that received NSLs, is calling for the entire NSL statute to be thrown out as unconstitutional — not for a tweak to the gag. And it has a March 2013 district court ruling in its favor. “The gag is a prior restraint under the First Amendment, and prior restraints have to meet an extremely high burden,” said Andrew Crocker, a legal fellow at EFF. That means going to court and meeting the burden of proof — not just signing a letter. Or as the Cato Institute’s Julian Sanchez put it, “To have such a low bar for denying persons or companies the right to speak about government orders they have been served with is anathema. And it is not very good for accountability.”
  • In a separate case, a wide range of media companies (including First Look Media, the non-profit digital media venture that produces The Intercept) are supporting a lawsuit filed by Twitter, demanding the right to say specifically how many NSLs it has received. But simply releasing companies from a gag doesn’t assure the kind of accountability that privacy advocates are saying is required by the Constitution. “What the public has to remember is a NSL is asking for your information, but it’s not asking it from you,” said Michael German, a former FBI agent who is now a fellow with the Brennan Center for Justice. “The vast majority of these things go to the very large telecommunications and financial companies who have a large stake in maintaining a good relationship with the government because they’re heavily regulated entities.”
  • So, German said, “the number of NSLs that would be exposed as a result of the release of the gag order is probably very few. The person whose records are being obtained is the one who should receive some notification.” A time limit on gags going forward also raises the question of whether past gag orders will now be withdrawn. “Obviously there are at this point literally hundreds of thousands of National Security Letters that are more than three years old,” said Sanchez. Individual review is therefore unlikely, but there ought to be some recourse, he said. And the further back you go, “it becomes increasingly implausible that a significant percentage of those are going to entail some dire national security risk.” The NSL program has a troubled history. The absolute secrecy of the program and resulting lack of accountability led to systemic abuse as documented by repeated inspector-general investigations, including improperly authorized NSLs, factual misstatements in the NSLs, improper requests under NSL statutes, requests for information based on First Amendment protected activity, “after-the-fact” blanket NSLs to “cover” illegal requests, and hundreds of NSLs for “community of interest” or “calling circle” information without any determination that the telephone numbers were relevant to authorized national security investigations.
  • Obama’s own hand-selected “Review Group on Intelligence and Communications Technologies” recommended in December 2013 that NSLs should only be issued after judicial review — just like warrants — and that any gag should end within 180 days barring judicial re-approval. But FBI director James Comey objected to the idea, calling NSLs “a very important tool that is essential to the work we do.” His argument evidently prevailed with Obama.
  • NSLs have managed to stay largely under the American public’s radar. But, Crocker says, “pretty much every time I bring it up and give the thumbnail, people are shocked. Then you go into how many are issued every year, and they go crazy.” Want to send me your old NSL and see if we can set a new precedent? Here’s how to reach me. And here’s how to leak to me.
Paul Merrell

Tell Congress: My Phone Calls are My Business. Reform the NSA. | EFF Action Center - 3 views

act.eff.org/...are-my-business-reform-the-nsa

Patriot-Act sunset-section-215 EFF-email-campaign phone-records medical-records

shared by Paul Merrell on 31 Jan 15 - No Cached
  • The USA PATRIOT Act granted the government powerful new spying capabilities that have grown out of control—but the provision that the FBI and NSA have been using to collect the phone records of millions of innocent people expires on June 1. Tell Congress: it’s time to rethink out-of-control spying. A vote to reauthorize Section 215 is a vote against the Constitution.
  • On June 5, 2013, the Guardian published a secret court order showing that the NSA has interpreted Section 215 to mean that, with the help of the FBI, it can collect the private calling records of millions of innocent people. The government could even try to use Section 215 for bulk collection of financial records. The NSA’s defenders argue that invading our privacy is the only way to keep us safe. But the White House itself, along with the President’s Review Board has said that the government can accomplish its goals without bulk telephone records collection. And the Privacy and Civil Liberties Oversight Board said, “We have not identified a single instance involving a threat to the United States in which [bulk collection under Section 215 of the PATRIOT Act] made a concrete difference in the outcome of a counterterrorism investigation.” Since June of 2013, we’ve continued to learn more about how out of control the NSA is. But what has not happened since June is legislative reform of the NSA. There have been myriad bipartisan proposals in Congress—some authentic and some not—but lawmakers didn’t pass anything. We need comprehensive reform that addresses all the ways the NSA has overstepped its authority and provides the NSA with appropriate and constitutional tools to keep America safe. In the meantime, tell Congress to take a stand. A vote against reauthorization of Section 215 is a vote for the Constitution.
  • Paul Merrell on 31 Jan 15
     
    EFF has launched an email campagin to press members of Congress not to renew sectiion 215 of the Patriot Act when it expires on June 1, 2015.   Sectjon 215 authorizes FBI officials to "make an application for an order requiring the production of *any tangible things* (including books, records, papers, documents, and other items) for an investigation to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution." http://www.law.cornell.edu/uscode/text/50/1861 The section has been abused to obtain bulk collecdtion of all telephone records for the NSA's storage and processing.But the section goes farther and lists as specific examples of records that can be obtained under section 215's authority, "library circulation records, library patron lists, book sales records, book customer lists, firearms sales records, tax return records, educational records, or medical records."  Think of the NSA's voracious appetite for new "haystacks" it can store  and search in its gigantic new data center in Utah. Then ask yourself, "do I want the NSA to obtain all of my personal data, store it, and search it at will?" If your anser is "no," you might consider visiting this page to send your Congress critters an email urging them to vote against renewal of section 215 and to vote for other NSA reforms listed in the EFF sample email text. Please do not procrastinate. Do it now, before you forget. Every voice counts. 
Paul Merrell

CISA Security Bill: An F for Security But an A+ for Spying | WIRED - 0 views

www.wired.com/...ty-bill-gets-f-security-spying

surveillance state legislation CISA

shared by Paul Merrell on 23 Mar 15 - No Cached
  • When the Senate Intelligence Committee passed the Cybersecurity Information Sharing Act by a vote of 14 to 1, committee chairman Senator Richard Burr argued that it successfully balanced security and privacy. Fifteen new amendments to the bill, he said, were designed to protect internet users’ personal information while enabling new ways for companies and federal agencies to coordinate responses to cyberattacks. But critics within the security and privacy communities still have two fundamental problems with the legislation: First, they say, the proposed cybersecurity act won’t actually boost security. And second, the “information sharing” it describes sounds more than ever like a backchannel for surveillance.
  • On Tuesday the bill’s authors released the full, updated text of the CISA legislation passed last week, and critics say the changes have done little to assuage their fears about wanton sharing of Americans’ private data. In fact, legal analysts say the changes actually widen the backdoor leading from private firms to intelligence agencies. “It’s a complete failure to strengthen the privacy protections of the bill,” says Robyn Greene, a policy lawyer for the Open Technology Institute, which joined a coalition of dozens of non-profits and cybersecurity experts criticizing the bill in an open letter earlier this month. “None of the [privacy-related] points we raised in our coalition letter to the committee was effectively addressed.” The central concern of that letter was how the same data sharing meant to bolster cybersecurity for companies and the government opens massive surveillance loopholes. The bill, as worded, lets a private company share with the Department of Homeland Security any information construed as a cybersecurity threat “notwithstanding any other provision of law.” That means CISA trumps privacy laws like the Electronic Communication Privacy Act of 1986 and the Privacy Act of 1974, which restrict eavesdropping and sharing of users’ communications. And once the DHS obtains the information, it would automatically be shared with the NSA, the Department of Defense (including Cyber Command), and the Office of the Director of National Intelligence.
  • In a statement posted to his website yesterday, Senator Burr wrote that “Information sharing is purely voluntary and companies can only share cyber-threat information and the government may only use shared data for cybersecurity purposes.” But in fact, the bill’s data sharing isn’t limited to cybersecurity “threat indicators”—warnings of incoming hacker attacks, which is the central data CISA is meant to disseminate among companies and three-letter agencies. OTI’s Greene says it also gives companies a mandate to share with the government any data related to imminent terrorist attacks, weapons of mass destruction, or even other information related to violent crimes like robbery and carjacking. 
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  • The latest update to the bill tacks on yet another kind of information, anything related to impending “serious economic harm.” All of those vague terms, Greene argues, widen the pipe of data that companies can send the government, expanding CISA into a surveillance system for the intelligence community and domestic law enforcement. If information-sharing legislation does not include adequate privacy protections, then...It’s a surveillance bill by another name. Senator Ron Wyden
  • “CISA goes far beyond [cybersecurity], and permits law enforcement to use information it receives for investigations and prosecutions of a wide range of crimes involving any level of physical force,” reads the letter from the coalition opposing CISA. “The lack of use limitations creates yet another loophole for law enforcement to conduct backdoor searches on Americans—including searches of digital communications that would otherwise require law enforcement to obtain a warrant based on probable cause. This undermines Fourth Amendment protections and constitutional principles.”
  • Paul Merrell on 23 Mar 15
     
    I read the legislation. It's as bad for privacy as described in the aritcle. And its drafting is incredibly sloppy.
Paul Merrell

European Human Rights Court Deals a Heavy Blow to the Lawfulness of Bulk Surveillance |... - 0 views

www.justsecurity.org/...w-lawfulness-bulk-surveillance

surveillance state bulk-collection ECHR litigation

shared by Paul Merrell on 11 Dec 15 - No Cached
  • In a seminal decision updating and consolidating its previous jurisprudence on surveillance, the Grand Chamber of the European Court of Human Rights took a sideways swing at mass surveillance programs last week, reiterating the centrality of “reasonable suspicion” to the authorization process and the need to ensure interception warrants are targeted to an individual or premises. The decision in Zakharov v. Russia — coming on the heels of the European Court of Justice’s strongly-worded condemnation in Schrems of interception systems that provide States with “generalised access” to the content of communications — is another blow to governments across Europe and the United States that continue to argue for the legitimacy and lawfulness of bulk collection programs. It also provoked the ire of the Russian government, prompting an immediate legislative move to give the Russian constitution precedence over Strasbourg judgments. The Grand Chamber’s judgment in Zakharov is especially notable because its subject matter — the Russian SORM system of interception, which includes the installation of equipment on telecommunications networks that subsequently enables the State direct access to the communications transiting through those networks — is similar in many ways to the interception systems currently enjoying public and judicial scrutiny in the United States, France, and the United Kingdom. Zakharov also provides a timely opportunity to compare the differences between UK and Russian law: Namely, Russian law requires prior independent authorization of interception measures, whereas neither the proposed UK law nor the existing legislative framework do.
  • The decision is lengthy and comprises a useful restatement and harmonization of the Court’s approach to standing (which it calls “victim status”) in surveillance cases, which is markedly different from that taken by the US Supreme Court. (Indeed, Judge Dedov’s separate but concurring opinion notes the contrast with Clapper v. Amnesty International.) It also addresses at length issues of supervision and oversight, as well as the role played by notification in ensuring the effectiveness of remedies. (Marko Milanovic discusses many of these issues here.) For the purpose of the ongoing debate around the legitimacy of bulk surveillance regimes under international human rights law, however, three particular conclusions of the Court are critical.
  • The Court took issue with legislation permitting the interception of communications for broad national, military, or economic security purposes (as well as for “ecological security” in the Russian case), absent any indication of the particular circumstances under which an individual’s communications may be intercepted. It said that such broadly worded statutes confer an “almost unlimited degree of discretion in determining which events or acts constitute such a threat and whether that threat is serious enough to justify secret surveillance” (para. 248). Such discretion cannot be unbounded. It can be limited through the requirement for prior judicial authorization of interception measures (para. 249). Non-judicial authorities may also be competent to authorize interception, provided they are sufficiently independent from the executive (para. 258). What is important, the Court said, is that the entity authorizing interception must be “capable of verifying the existence of a reasonable suspicion against the person concerned, in particular, whether there are factual indications for suspecting that person of planning, committing or having committed criminal acts or other acts that may give rise to secret surveillance measures, such as, for example, acts endangering national security” (para. 260). This finding clearly constitutes a significant threshold which a number of existing and pending European surveillance laws would not meet. For example, the existence of individualized reasonable suspicion runs contrary to the premise of signals intelligence programs where communications are intercepted in bulk; by definition, those programs collect information without any consideration of individualized suspicion. Yet the Court was clearly articulating the principle with national security-driven surveillance in mind, and with the knowledge that interception of communications in Russia is conducted by Russian intelligence on behalf of law enforcement agencies.
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  • This element of the Grand Chamber’s decision distinguishes it from prior jurisprudence of the Court, namely the decisions of the Third Section in Weber and Saravia v. Germany (2006) and of the Fourth Section in Liberty and Ors v. United Kingdom (2008). In both cases, the Court considered legislative frameworks which enable bulk interception of communications. (In the German case, the Court used the term “strategic monitoring,” while it referred to “more general programmes of surveillance” in Liberty.) In the latter case, the Fourth Section sought to depart from earlier European Commission of Human Rights — the court of first instance until 1998 — decisions which developed the requirements of the law in the context of surveillance measures targeted at specific individuals or addresses. It took note of the Weber decision which “was itself concerned with generalized ‘strategic monitoring’, rather than the monitoring of individuals” and concluded that there was no “ground to apply different principles concerning the accessibility and clarity of the rules governing the interception of individual communications, on the one hand, and more general programmes of surveillance, on the other” (para. 63). The Court in Liberty made no mention of any need for any prior or reasonable suspicion at all.
  • In Weber, reasonable suspicion was addressed only at the post-interception stage; that is, under the German system, bulk intercepted data could be transmitted from the German Federal Intelligence Service (BND) to law enforcement authorities without any prior suspicion. The Court found that the transmission of personal data without any specific prior suspicion, “in order to allow the institution of criminal proceedings against those being monitored” constituted a fairly serious interference with individuals’ privacy rights that could only be remedied by safeguards and protections limiting the extent to which such data could be used (para. 125). (In the context of that case, the Court found that Germany’s protections and restrictions were sufficient.) When you compare the language from these three cases, it would appear that the Grand Chamber in Zakharov is reasserting the requirement for individualized reasonable suspicion, including in national security cases, with full knowledge of the nature of surveillance considered by the Court in its two recent bulk interception cases.
  • The requirement of reasonable suspicion is bolstered by the Grand Chamber’s subsequent finding in Zakharov that the interception authorization (e.g., the court order or warrant) “must clearly identify a specific person to be placed under surveillance or a single set of premises as the premises in respect of which the authorisation is ordered. Such identification may be made by names, addresses, telephone numbers or other relevant information” (para. 264). In making this finding, it references paragraphs from Liberty describing the broad nature of the bulk interception warrants under British law. In that case, it was this description that led the Court to find the British legislation possessed insufficient clarity on the scope or manner of exercise of the State’s discretion to intercept communications. In one sense, therefore, the Grand Chamber seems to be retroactively annotating the Fourth Section’s Liberty decision so that it might become consistent with its decision in Zakharov. Without this revision, the Court would otherwise appear to depart to some extent — arguably, purposefully — from both Liberty and Weber.
  • Finally, the Grand Chamber took issue with the direct nature of the access enjoyed by Russian intelligence under the SORM system. The Court noted that this contributed to rendering oversight ineffective, despite the existence of a requirement for prior judicial authorization. Absent an obligation to demonstrate such prior authorization to the communications service provider, the likelihood that the system would be abused through “improper action by a dishonest, negligent or overly zealous official” was quite high (para. 270). Accordingly, “the requirement to show an interception authorisation to the communications service provider before obtaining access to a person’s communications is one of the important safeguards against abuse by the law-enforcement authorities” (para. 269). Again, this requirement arguably creates an unconquerable barrier for a number of modern bulk interception systems, which rely on the use of broad warrants to authorize the installation of, for example, fiber optic cable taps that facilitate the interception of all communications that cross those cables. In the United Kingdom, the Independent Reviewer of Terrorism Legislation David Anderson revealed in his essential inquiry into British surveillance in 2015, there are only 20 such warrants in existence at any time. Even if these 20 warrants are served on the relevant communications service providers upon the installation of cable taps, the nature of bulk interception deprives this of any genuine meaning, making the safeguard an empty one. Once a tap is installed for the purposes of bulk interception, the provider is cut out of the equation and can no longer play the role the Court found so crucial in Zakharov.
  • The Zakharov case not only levels a serious blow at bulk, untargeted surveillance regimes, it suggests the Grand Chamber’s intention to actively craft European Court of Human Rights jurisprudence in a manner that curtails such regimes. Any suggestion that the Grand Chamber’s decision was issued in ignorance of the technical capabilities or intentions of States and the continued preference for bulk interception systems should be dispelled; the oral argument in the case took place in September 2014, at a time when the Court had already indicated its intention to accord priority to cases arising out of the Snowden revelations. Indeed, the Court referenced such forthcoming cases in the fact sheet it issued after the Zakharov judgment was released. Any remaining doubt is eradicated through an inspection of the multiple references to the Snowden revelations in the judgment itself. In the main judgment, the Court excerpted text from the Director of the European Union Agency for Human Rights discussing Snowden, and in the separate opinion issued by Judge Dedov, he goes so far as to quote Edward Snowden: “With each court victory, with every change in the law, we demonstrate facts are more convincing than fear. As a society, we rediscover that the value of the right is not in what it hides, but in what it protects.”
  • The full implications of the Zakharov decision remain to be seen. However, it is likely we will not have to wait long to know whether the Grand Chamber intends to see the demise of bulk collection schemes; the three UK cases (Big Brother Watch & Ors v. United Kingdom, Bureau of Investigative Journalism & Alice Ross v. United Kingdom, and 10 Human Rights Organisations v. United Kingdom) pending before the Court have been fast-tracked, indicating the Court’s willingness to continue to confront the compliance of bulk collection schemes with human rights law. It is my hope that the approach in Zakharov hints at the Court’s conviction that bulk collection schemes lie beyond the bounds of permissible State surveillance.
Paul Merrell

A Secret Catalogue of Government Gear for Spying on Your Cellphone - 0 views

theintercept.com/...r-for-spying-on-your-cellphone

surveillance state surveillance-devices catalog

shared by Paul Merrell on 18 Dec 15 - No Cached
  • HE INTERCEPT HAS OBTAINED a secret, internal U.S. government catalogue of dozens of cellphone surveillance devices used by the military and by intelligence agencies. The document, thick with previously undisclosed information, also offers rare insight into the spying capabilities of federal law enforcement and local police inside the United States. The catalogue includes details on the Stingray, a well-known brand of surveillance gear, as well as Boeing “dirt boxes” and dozens of more obscure devices that can be mounted on vehicles, drones, and piloted aircraft. Some are designed to be used at static locations, while others can be discreetly carried by an individual. They have names like Cyberhawk, Yellowstone, Blackfin, Maximus, Cyclone, and Spartacus. Within the catalogue, the NSA is listed as the vendor of one device, while another was developed for use by the CIA, and another was developed for a special forces requirement. Nearly a third of the entries focus on equipment that seems to have never been described in public before.
  • The Intercept obtained the catalogue from a source within the intelligence community concerned about the militarization of domestic law enforcement. (The original is here.) A few of the devices can house a “target list” of as many as 10,000 unique phone identifiers. Most can be used to geolocate people, but the documents indicate that some have more advanced capabilities, like eavesdropping on calls and spying on SMS messages. Two systems, apparently designed for use on captured phones, are touted as having the ability to extract media files, address books, and notes, and one can retrieve deleted text messages. Above all, the catalogue represents a trove of details on surveillance devices developed for military and intelligence purposes but increasingly used by law enforcement agencies to spy on people and convict them of crimes. The mass shooting earlier this month in San Bernardino, California, which President Barack Obama has called “an act of terrorism,” prompted calls for state and local police forces to beef up their counterterrorism capabilities, a process that has historically involved adapting military technologies to civilian use. Meanwhile, civil liberties advocates and others are increasingly alarmed about how cellphone surveillance devices are used domestically and have called for a more open and informed debate about the trade-off between security and privacy — despite a virtual blackout by the federal government on any information about the specific capabilities of the gear.
  • “We’ve seen a trend in the years since 9/11 to bring sophisticated surveillance technologies that were originally designed for military use — like Stingrays or drones or biometrics — back home to the United States,” said Jennifer Lynch, a senior staff attorney at the Electronic Frontier Foundation, which has waged a legal battle challenging the use of cellphone surveillance devices domestically. “But using these technologies for domestic law enforcement purposes raises a host of issues that are different from a military context.”
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  • ANY OF THE DEVICES in the catalogue, including the Stingrays and dirt boxes, are cell-site simulators, which operate by mimicking the towers of major telecom companies like Verizon, AT&T, and T-Mobile. When someone’s phone connects to the spoofed network, it transmits a unique identification code and, through the characteristics of its radio signals when they reach the receiver, information about the phone’s location. There are also indications that cell-site simulators may be able to monitor calls and text messages. In the catalogue, each device is listed with guidelines about how its use must be approved; the answer is usually via the “Ground Force Commander” or under one of two titles in the U.S. code governing military and intelligence operations, including covert action.
  • But domestically the devices have been used in a way that violates the constitutional rights of citizens, including the Fourth Amendment prohibition on illegal search and seizure, critics like Lynch say. They have regularly been used without warrants, or with warrants that critics call overly broad. Judges and civil liberties groups alike have complained that the devices are used without full disclosure of how they work, even within court proceedings.
Paul Merrell

Tripling Its Collection, NSA Sucked Up Over 530 Million US Phone Records in 2017 - 0 views

www.commondreams.org/...-million-us-phone-records-2017

surveillance state NSA phone-metadata

shared by Paul Merrell on 08 May 18 - No Cached
  • he National Security Agency (NSA) collected over 530 million phone records of Americans in 2017—that's three times the amount the spy agency sucked up in 2016. The figures were released Friday in an annual report from the Office of the Director of National Intelligence (ODNI). It shows that the number of "call detail records" the agency collected from telecommunications providers during Trump's first year in office was 534 million, compared to 151 million the year prior. "The intelligence community's transparency has yet to extend to explaining dramatic increases in their collection," said Robyn Greene, policy counsel at the Open Technology Institute. The content of the calls itself is not collected but so-called "metadata," which, as Gizmodo notes, "is supposedly anonymous, but it can easily be used to identify an individual. The information can also be paired with other publicly available information from social media and other sources to paint a surprisingly detailed picture of a person's life." The report also revealed that the agency, using its controversial Section 702 authority, increased the number of foreign targets of warrantless surveillance. It was 129,080 in 2017 compared to 106,469 in 2016. As digital rights group EFF noted earlier this year, Under Section 702, the NSA collects billions of communications, including those belonging to innocent Americans who are not actually targeted. These communications are then placed in databases that other intelligence and law enforcement agencies can access—for purposes unrelated to national security—without a warrant or any judicial review. "Overall," Jake Laperruque, senior counsel at the Project On Government Oversight, said to ZDNet, "the numbers show that the scale of warrantless surveillance is growing at a significant rate, but ODNI still won't tell Americans how much it affects them."
Paul Merrell

The EU's White Paper on AI: A Thoughtful and Balanced Way Forward - Lawfare - 0 views

www.lawfareblog.com/htful-and-balanced-way-forward

EU EC AI-regulatiion

shared by Paul Merrell on 08 Mar 20 - No Cached
  • On Feb. 19, the European Commission released a White Paper on Artificial Intelligence outlining its wide-ranging plan to develop artificial intelligence (AI) in Europe. The commission also released a companion European data strategy, aiming to make more data sets available for business and government to promote AI development, along with a report on the safety of AI systems proposing some reforms of the commission’s product liability regime. Initial press reports about the white paper focused on how the commission had stepped back from a proposal in its initial draft for a three- to five-year moratorium on facial recognition technology. But the proposed framework is much more than that: It represents a sensible and thoughtful basis to guide the EU’s consideration of legislation to help direct the development of AI applications, and an important contribution to similar debates going on around the world. The key takeaways are that the EU plans to: Pursue a uniform approach to AI across the EU in order to avoid divergent member state requirements forming barriers to its single market. Take a risk-based, sector-specific approach to regulating AI. Identify in advance high-risk sectors and applications—including facial recognition software. Impose new regulatory requirements and prior assessments to ensure that high-risk AI systems conform to requirements for safety, fairness and data protection before they are released onto the market. Use access to the huge European market as a lever to spread the EU’s approach to AI regulation across the globe.
Paul Merrell

Venezuelan Intelligence Services Arrest Credicard Directors - nsnbc international | nsn... - 0 views

nsnbc.me/...ces-arrest-credicard-directors

banksters financial-services internet Venezuela arrests cyberwar war & peace

shared by Paul Merrell on 07 Dec 16 - No Cached
  • Venezuelan President Nicolas Maduro confirmed Saturday that the state intelligence service SEBIN arrested several directors from the Credicard financial transaction company on Friday night. 
  • The financial consortium is accused of having deliberately taken advantage of a series of cyber attacks on state internet provider CANTV Friday to paralyse its online payment platform–responsible for the majority of the country’s accredited financial transactions, according to its website. “We have proof that it was a deliberate act what Credicard did yesterday. Right now the main people responsible for Credicard are under arrest,” confirmed the president. The government says that millions of attempted purchases using in-store credit and debit card payment machines provided by the company were interrupted after its platform went down for the most part of the day. Authorities also maintain that the company waited longer than the established protocol of one hour before responding to the issues.
  • According to CANTV President Manuel Fernandez, Venezuela’s internet platform suffered at least three attacks from an external source on Friday, one of which was aimed at state oil company PDVSA. CANTV was notified of the attacks by international provider LANautilus, which belongs to Telecom Italia. Nonetheless, Fernandez denied that Credicard’s platform was affected by the interferences to CANTV’s service, underscoring that other financial transaction companies that rely on the state enterprise continued to be operative.
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  • On Friday SEBIN Director Gustavo Gonzalez Lopez also openly accused members of the rightwing coalition, the Democratic Unity Roundtable (MUD), of being implicated in the incident. “Members of the MUD involved in the attack on electronic banking service,” he tweeted. “The financial war continues inside and outside the country, internally they are damaging banking operability,” he added. Venezuelan news source La Iguana has reported that the server administrator of Credicard is the company Dayco Host, which belongs to the D’Agostino family. Diana D’Angostino is married to veteran opposition politician, Henry Ramos Allup, president of the National Assembly. On Saturday, the government-promoted Productive Economy Council held an extraordinary meeting of political and business representatives to reject the attack on the country’s financial system.
Gonzalo San Gil, PhD.

Open Source Replacements for Expensive Applications - Datamation - 0 views

www.datamation.com/...-expensive-applications-1.html

open source replacements expensive applications save money time maintenance troubles

shared by Gonzalo San Gil, PhD. on 24 Apr 16 - No Cached
  • Gonzalo San Gil, PhD. on 24 Apr 16
     
    "These open source apps can replace expensive content creation, accounting, business intelligence, CRM and ERP and other software."
  • Gonzalo San Gil, PhD. on 24 Apr 16
     
    "These open source apps can replace expensive content creation, accounting, business intelligence, CRM and ERP and other software."
Paul Merrell

Lawmakers want Internet sites to flag 'terrorist activity' to law enforcement - The Was... - 0 views

www.washingtonpost.com/...5-84d5-eb37ee8eaa61_story.html

surveillance state legislation social media mandatory-reporting terrorists™

shared by Paul Merrell on 06 Jul 15 - No Cached
  • Social media sites such as Twitter and YouTube would be required to report videos and other content posted by suspected terrorists to federal authorities under legislation approved this past week by the Senate Intelligence Committee. The measure, contained in the 2016 intelligence authorization, which still has to be voted on by the full Senate, is an effort to help intelligence and law enforcement officials detect threats from the Islamic State and other terrorist groups.
  • Paul Merrell on 06 Jul 15
     
    Chipping away at the First Amendment. 
Paul Merrell

WikiLeaks' Julian Assange warns: Google is not what it seems - 0 views

www.dailytimes.com.pk/...ns-google-is-not-what-it-seems

surveillance state internet freedom Google NSA

shared by Paul Merrell on 12 Sep 15 - No Cached
  • Back in 2011, Julian Assange met up with Eric Schmidt for an interview that he considers the best he’s ever given. That doesn’t change, however, the opinion he now has about Schmidt and the company he represents, Google.In fact, the WikiLeaks leader doesn’t believe in the famous “Don’t Be Evil” mantra that Google has been preaching for years.Assange thinks both Schmidt and Google are at the exact opposite spectrum.“Nobody wants to acknowledge that Google has grown big and bad. But it has. Schmidt’s tenure as CEO saw Google integrate with the shadiest of US power structures as it expanded into a geographically invasive megacorporation. But Google has always been comfortable with this proximity,” Assange writes in an opinion piece for Newsweek.
  • “Long before company founders Larry Page and Sergey Brin hired Schmidt in 2001, their initial research upon which Google was based had been partly funded by the Defense Advanced Research Projects Agency (DARPA). And even as Schmidt’s Google developed an image as the overly friendly giant of global tech, it was building a close relationship with the intelligence community,” Assange continues.Throughout the lengthy article, Assange goes on to explain how the 2011 meeting came to be and talks about the people the Google executive chairman brought along - Lisa Shields, then vice president of the Council on Foreign Relationship, Jared Cohen, who would later become the director of Google Ideas, and Scott Malcomson, the book’s editor, who would later become the speechwriter and principal advisor to Susan Rice.“At this point, the delegation was one part Google, three parts US foreign-policy establishment, but I was still none the wiser.” Assange goes on to explain the work Cohen was doing for the government prior to his appointment at Google and just how Schmidt himself plays a bigger role than previously thought.In fact, he says that his original image of Schmidt, as a politically unambitious Silicon Valley engineer, “a relic of the good old days of computer science graduate culture on the West Coast,” was wrong.
  • However, Assange concedes that that is not the sort of person who attends Bilderberg conferences, who regularly visits the White House, and who delivers speeches at the Davos Economic Forum.He claims that Schmidt’s emergence as Google’s “foreign minister” did not come out of nowhere, but it was “presaged by years of assimilation within US establishment networks of reputation and influence.” Assange makes further accusations that, well before Prism had even been dreamed of, the NSA was already systematically violating the Foreign Intelligence Surveillance Act under its director at the time, Michael Hayden. He states, however, that during the same period, namely around 2003, Google was accepting NSA money to provide the agency with search tools for its rapidly-growing database of information.Assange continues by saying that in 2008, Google helped launch the NGA spy satellite, the GeoEye-1, into space and that the search giant shares the photographs from the satellite with the US military and intelligence communities. Later on, 2010, after the Chinese government was accused of hacking Google, the company entered into a “formal information-sharing” relationship with the NSA, which would allow the NSA’s experts to evaluate the vulnerabilities in Google’s hardware and software.
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  • “Around the same time, Google was becoming involved in a program known as the “Enduring Security Framework” (ESF), which entailed the sharing of information between Silicon Valley tech companies and Pentagon-affiliated agencies at network speed.’’Emails obtained in 2014 under Freedom of Information requests show Schmidt and his fellow Googler Sergey Brin corresponding on first-name terms with NSA chief General Keith Alexander about ESF,” Assange writes.Assange seems to have a lot of backing to his statements, providing links left and right, which people can go check on their own.
  • Paul Merrell on 12 Sep 15
     
    The "opinion piece for Newsweek" is an excerpt from Assange's new book, When Google met Wikileaks.  The chapter is well worth the read. http://www.newsweek.com/assange-google-not-what-it-seems-279447
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