Skip to main content

Home/ Indie Nation/ Group items tagged federal

Rss Feed Group items tagged

John Lemke

Federal Prosecutors, in a Policy Shift, Cite Warrantless Wiretaps as Evidence - NYTimes... - 0 views

  • The practice contradicted what Mr. Verrilli had told the Supreme Court last year in a case challenging the law, the FISA Amendments Act of 2008. Legalizing a form of the Bush administration’s program of warrantless surveillance, the law authorized the government to wiretap Americans’ e-mails and phone calls without an individual court order and on domestic soil so long as the surveillance is “targeted” at a foreigner abroad. A group of plaintiffs led by Amnesty International had challenged the law as unconstitutional. But Mr. Verrilli last year urged the Supreme Court to dismiss the case because those plaintiffs could not prove that they had been wiretapped. In making that argument, he said a defendant who faced evidence derived from the law would have proper legal standing and would be notified, so dismissing the lawsuit by Amnesty International would not close the door to judicial review of the 2008 law. The court accepted that logic, voting 5-to-4 to dismiss the case. In a statement, Patrick Toomey, staff attorney with the American Civil Liberties Union, which had represented Amnesty International and the other plaintiffs, hailed the move but criticized the Justice Department’s prior practice.
  • Still, it remains unclear how many other cases — including closed matters in which convicts are already service prison sentences — involved evidence derived from warrantless wiretapping in which the National Security Division did not provide full notice to defendants, nor whether the department will belatedly notify them. Such a notice could lead to efforts to reopen those cases.
John Lemke

Cops to Congress: We need logs of Americans' text messages | Politics and Law - CNET News - 0 views

  • CNET has learned a constellation of law enforcement groups has asked the U.S. Senate to require that wireless companies retain that information, warning that the lack of a current federal requirement "can hinder law enforcement investigations." They want an SMS retention requirement to be "considered" during congressional discussions over updating a 1986 privacy law for the cloud computing era -- a move that could complicate debate over the measure and erode support for it among civil libertarians. As the popularity of text messages has exploded in recent years, so has their use in criminal investigations and civil lawsuits. They have been introduced as evidence in armed robbery, cocaine distribution, and wire fraud prosecutions. In one 2009 case in Michigan, wireless provider SkyTel turned over the contents of 626,638 SMS messages, a figure described by a federal judge as "staggering."
John Lemke

Robert Duncan Begins Prison Sentence For Working In Legal Medical Pot Shop - 0 views

  • Duncan does not have a background in the marijuana industry, and only began working for the dispensary after being laid off from a more traditional sales job as the economy soured. After the raid, he returned to mainstream employment and up until recently was a sales manager at a Bay Area merchandising company; Duncan told The Huffington Post that he wouldn't have taken the pot job if the feds hadn't signaled that they'd steer clear of medical marijuana businesses that were in compliance with state laws."It was shortly after the federal government said it would not intervene if people followed state law," Duncan said. "We wanted to abide by the rules. None of us had criminal backgrounds. We’re all regular guys. The only reason we got into this was because the federal government said they wouldn’t intervene."
John Lemke

California Governor Signs the Spaceflight Liability and Immunity Act - Commercial Space... - 0 views

  • California Governor Jerry Brown announced today that he has signed into law the Spaceflight Liability and Immunity Act, AB 2243.  This law provides the necessary liability protections for compliant companies in the state, should any spaceflight participant who has acknowledged the risks sustain any bodily injury during spaceflight activities. Currently, Florida, Virginia, and Texas also provide spaceflight companies liability protection.
John Lemke

Lawsuit Claims Accidental Google Search Led To Years Of Government Investigation And Ha... - 0 views

  • Jeffrey Kantor, who was fired by Appian Corporation, sued a host of government officials, including Attorney General Eric Holder, Director of National Intelligence James Clapper, CIA Director John Brennan, Defense Secretary Chuck Hagel and Secretary of State John Kerry in Federal Court, alleging civil rights violations, disclosure of private information and retaliation… He also sued Secretary of Energy Ernest Moniz, Acting Secretary of Homeland Security Rand Beers, Treasury Secretary Jacob Lew, EPA Administrator Regina McCarthy and U.S. Office of Personnel Management Director Katherine Archuleta.
  • "In October of 2009, Kantor used the search engine Google to try to find, 'How do I build a radio-controlled airplane,'" he states in his complaint. "He ran this search a couple weeks before the birthday of his son with the thought of building one together as a birthday present. After typing, 'how do I build a radio controlled', Google auto-completed his search to, 'how do I build a radio controlled bomb.'" From that point on, Kantor alleges coworkers, supervisors and government investigators all began "group stalking" him. Investigators used the good cop/bad cop approach, with the "bad cop" allegedly deploying anti-Semitic remarks frequently. In addition, his coworkers at Appian (a government contractor) would make remarks about regular people committing murder-suicides (whenever Kantor expressed anger) or how normal people just dropped dead of hypertension (whenever Kantor remained calm while being harassed)
  • Kantor also claims he was intensely surveilled by the government from that point forward.
    • John Lemke
       
      Our story begins with auto-complete and, once suspected, always monitored. has an interesting loophole. 
  • ...2 more annotations...
  • the law says that the timeline is based on when the citizen had a reasonable chance to discover the violation. Since the PRISM program was only declassified in July of 2013, these earlier violations should not be time-barred.
  • All in all, the filing doesn't build a very credible case and comes across more as a paranoiac narrative than a coherent detailing of possible government harassment and surveillance. Here are just a few of the highlights.
  •  
    Wait till you see how many and who are involved.
John Lemke

NSA's bulk phone data collection ruled unconstitutional, 'almost Orwellian,' by federal... - 0 views

  • “The government does not cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack,” the judge wrote.
  • “Given the limited record before me at this point in the litigation – most notably, the utter lack of evidence that a terrorist attack has ever been prevented because searching the NSA database was faster than other investigative tactics – I have serious doubts about the efficacy of the metadata collection program as a means of conducting time-sensitive investigations in cases involving imminent threats of terrorism.”
  • “I acted on my belief that the NSA's mass surveillance programs would not withstand a constitutional challenge, and that the American public deserved a chance to see these issues determined by open courts,” Snowden wrote. “Today, a secret program authorized by a secret court was, when exposed to the light of day, found to violate Americans’ rights. It is the first of many.”
John Lemke

FBI Arrested CEO of 'StealthGenie' for Selling Mobile Spyware Apps - 0 views

  • The Federal Bureau of Investigation (FBI) has arrested the CEO of a UK-based company for allegedly advertising and selling a spyware app to individuals who suspect their romantic partners of cheating on them.
  • The dodgy cell phone spyware application, dubbed as StealthGenie, monitors victims’ phone calls, text messages, videos, emails and other communications "without detection" when it is installed on a target's phone, according to the Department of Justice.
  • Once installed on the phone, it allows conversations to be monitored as they take place, enables the purchaser to call the phone and activate it at any time to monitor all surrounding conversations within a 15-foot radius, and collects the user’s incoming and outgoing email and SMS messages, incoming voicemail, address book, calendar, photographs, and videos. All of these functions are enabled without the knowledge of the user of the phone.
  • ...1 more annotation...
  • Akbar was charged with conspiracy, sale of a surreptitious interception device, advertisement of a known interception device and advertising a device as a surreptitious interception device in US District Court for the Eastern District of Virginia.
John Lemke

The White House Big Data Report: The Good, The Bad, and The Missing | Electronic Fronti... - 0 views

  • the report recognized that email privacy is critical
  • one issue was left conspicuously unaddressed in the report. The Securities and Exchange Commission, the civil agency in charge of protecting investors and ensuring orderly markets, has been advocating for a special exception to the warrant requirement. No agency can or should have a get-out-of-jail-free card for bypassing the Fourth Amendment.
  • the algorithm is only as fair as the data fed into it.
  • ...22 more annotations...
  • the danger of discrimination remains due to the very digital nature of big data
  • especially the elderly, minorities, and the poor
  • an example of this in Boston, which had a pilot program to allow residents to report potholes through a mobile app but soon recognized that the program was inherently flawed because “wealthy people were far more likely to own smart phones and to use the Street Bump app. Where they drove, potholes were found; where they didn’t travel, potholes went unnoted.”
  • The authors of the report agree, recommending that the Privacy Act be extended to all people, not just US persons.
  • metadata (the details associated with your communications, content, or actions, like who you called, or what a file you uploaded file is named, or where you were when you visited a particular website) can expose just as much information about you as the “regular” data it is associated with, so it deserves the same sort of privacy protections as “regular” data.
    • John Lemke
       
      What is Metadate... then discuss
  • The report merely recommended that the government look into the issue.
    • John Lemke
       
      Did the report give a strong enough recommendation? "looking into" and doing are much different
  • several other government reports have taken a much stronger stance and explicitly stated that metadata deserves the same level of privacy protections as “regular” data.
  • We think the report should have followed the lead of the PCAST report and acknowledged that the distinction between data and metadata is an artificial one, and recommended the appropriate reforms.
    • John Lemke
       
      I very strongly agree.  The report failed in this area.
  • the White House suggested advancing the Consumer Privacy Bill of Rights, which includes the idea that “consumers have a right to exercise control over what personal data companies collect from them and how they use it,” as well as “a right to access and correct personal data.”
  • Consumers have a right to know when their data is exposed, whether through corporate misconduct, malicious hackers, or under other circumstances. Recognizing this important consumer safeguard, the report recommends that Congress “should pass legislation that provides a single national data breach standard along the lines of the Administration's May 2011 Cybersecurity legislative proposal.”
  • While at first blush this may seem like a powerful consumer protection, we don’t think that proposal is as strong as existing California law. The proposed federal data breach notification scheme would preempt state notification laws, removing the strong California standard and replacing it with a weaker standard.
    • John Lemke
       
      In other words, it failed at what can be done and it would actually lower standards when compared to what California has in place currently.
  • We were particularly disconcerted
  • the Fort Hood shooting by Major Nidal Hasan
    • John Lemke
       
      WTF? how did he get in this group?
  • two big concerns
  • First, whistleblowers are simply not comparable to an Army officer who massacres his fellow soldiers
  • Secondly, the real big-data issue at play here is overclassification of enormous quantities of data.
  • Over 1.4 million people hold top-secret security clearances. In 2012, the government classified 95 million documents. And by some estimates, the government controls more classified information than there is in the entire Library of Congress.
    • John Lemke
       
      Don't leave this stat out.  More classified documents than LOC documents.  WTF? A "democracy" with more secret documents than public?
  • The report argues that in today’s connected world it’s impossible for consumers to keep up with all the data streams they generate (intentionally or not), so the existing “notice and consent” framework (in which companies must notify and get a user’s consent before collecting data) is obsolete. Instead, they suggest that more attention should be paid to how data is used, rather than how it is collected.
    • John Lemke
       
      This is the most troubling part perhaps,  isn't the collection without consent where the breech of privacy begins?
    • John Lemke
       
      "notice and consent"
  • An unfortunate premise of this argument is that automatic collection of data is a given
  • While we agree that putting more emphasis on responsible use of big data is important, doing so should not completely replace the notice and consent framework.
  • Despite being a fairly thorough analysis of the privacy implications of big data, there is one topic that it glaringly omits: the NSA’s use of big data to spy on innocent Americans.
    • John Lemke
       
      If we ignore it, it will go away?  Did they not just mostly ignore it and accept it as a given for corporations and completely ignore it regarding the government? Pretty gangster move isn't it?
  • Even though the review that led to this report was announced during President Obama’s speech on NSA reform, and even though respondents to the White House’s Big Data Survey “were most wary of how intelligence and law enforcement agencies are collecting and using data about them,” the report itself is surprisingly silent on the issue.2 This is especially confusing given how much the report talks about the need for more transparency in the private sector when it comes to big data. Given that this same logic could well be applied to intelligence big data programs, we don’t understand why the report did not address this vital issue.
John Lemke

Spy court renews NSA metadata program | TheHill - 0 views

  • With a surveillance reform bill stuck in the Senate, the federal court overseeing spy agencies on Friday reauthorized the National Security Agency’s controversial bulk collection of Americans' phone records.
  • Given that legislation has not yet been enacted, and given the importance of maintaining the capabilities of the Section 215 telephony metadata program, the government has sought a 90-day reauthorization of the existing program,” the Justice Department and Office of the Director of National Intelligence said in a joint statement, referring to the section of the Patriot Act that authorizes the program.
  • The NSA’s phone records program needs to be reauthorized by the FISC every 90 days. The current authority expires on Dec. 5.
John Lemke

Feds Say Legally Dead Is Slightly Alive - Lowering the Bar - 0 views

  • Under state law a person can be presumed dead after five years. Miller had been gone for eight, and efforts to find him (for child-support purposes) had been unsuccessful.
  • So "I don't know where that leaves you," Judge Davis told Miller, "but you're still deceased as far as the law is concerned." And he still is, because he did not appeal that ruling
  • in April the Social Security Administration sent letters to Miller's two daughters, demanding that they pay back the federal death benefits they got while Miller was legally dead. They got about $100 a week until they were 18, and the payments totaled less than $30,000. Including fees and interest, the SSA sought $47,256 from the daughters. It reportedly said that if it couldn't get the money from them, it would then seek it from the ex-wife, and only if she also couldn't pay would it go after the guy who abandoned them in the first place.
John Lemke

U.S. Court Grants Order to Wipe Pirate Sites from the Internet | TorrentFreak - 0 views

  • A U.S. federal court in Oregon has granted a broad injunction against several streaming sites that offer pirated content. Among other things, the copyright holder may order hosting companies to shut down the sites' servers, ask registrars to take away domain names, and have all search results removed from Google and other search engines.
  • ABS-CBN requested power to take the sites offline before the owners knew that they were getting sued, and without a chance to defend themselves. While that may seem a lot to ask, Judge Anna Brown granted the request.
  • The preliminary injunction is unique in its kind, both due to its broadness and the fact that it happened without due process. This has several experts worried, including EFF’s Intellectual Property Director Corynne McSherry.
1 - 11 of 11
Showing 20 items per page