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Paul Merrell

Another judge upholds NSA call tracking - POLITICO.com - 0 views

www.politico.com/...-nsa-call-tracking-189671.html

surveillance state NSA NSA-reform litigation

shared by Paul Merrell on 10 Jun 14 - No Cached
  • A federal judge in Idaho has upheld the constitutionality of the National Security Agency's program that gathers massive quanities of data on the telephone calls of Americans. The ruling Tuesday from U.S. District Court Judge B. Lynn Winmill leaves the federal government with two wins in lawsuits decided since the program was revealed about a year ago by ex-NSA contractor Edward Snowden. In addition, one judge handling a criminal case ruled that the surveillance did not violate the Constitution. Opponents of the program have only one win: U.S. District Court Judge Richard Leon's ruling in December that the program likely violates the Fourth Amendment. In the new decision, Winmill said binding precedent in the Ninth Circuit holds that call and email metadata are not protected by the Constitution and no warrant is needed to obtain it.
  • "The weight of the authority favors the NSA," wrote Winmill, an appointee of President Bill Clinton. Winmill took note of Leon's contrary decision and called it eloquent, but concluded it departs from current Supreme Court precedent — though perhaps not for long. "Judge Leon’s decision should serve as a template for a Supreme Court opinion. And it might yet," Winmill wrote as he threw out the lawsuit brought by an Idaho registered nurse who objected to the gathering of data on her phone calls. Winmill's opinion (posted here) does not address an argument put forward by some critics of the program, including some lawmakers: that the metadata program violates federal law because it does not fit squarely within the language of the statute used to authorize it.
  • Paul Merrell on 10 Jun 14
     
    A partial win for the public. The judge makes plain that he disagrees with pre-Snowden disclosure precedent and recommends that the Supreme Court adopt the reasoning of Judge Richard Leon's ruling that finds the NSA call-metadata violative of the Fourth Amendment. The judge says his hands are tied by prior decisions in the Ninth Circuit Court of Appeals that gave an expansive reading to Smith v. Maryland.
Paul Merrell

Stop The NSA's Backdoor: Call Congress Today To Support Key Amendment | Techdirt - 0 views

www.techdirt.com/...to-support-key-amendment.shtml

surveillance state NSA-reform legislation

shared by Paul Merrell on 19 Jun 14 - No Cached
  • Last week, we noted that there was an effort underway to introduce an amendment for this week's Defense Appropriations bill in the House that would effectively limit some of the most nefarious aspects of the NSA's ability to spy on Americans via two different types of backdoors: (1) so-called "backdoor searches" on Americans' information collected under Section 702 of the FISA Amendments Act and (2) mandating tech companies build in backdoors to their technology for the NSA to go snooping. The Defense Appropriations bill is expected to hit the House floor sometime soon, under open rules, meaning that the amendment in question won't be blocked by the House Rules Committee, as happens on a variety of other bills.
  • The amendment has powerful bipartisan backing, sponsored by Reps. James Sensenbrenner, Thomas Massie and Zoe Lofgren, along with co-sponsors Reps. Conyers, Poe, Gabbard, Jordan, O’Rourke, Amash, and Holt. Having Sensenbrenner bring out this amendment is a big deal. This amendment would restore at least one aspect of the USA Freedom Act that was stripped out at the last minute under pressure from the White House. Sensenbrenner sponsoring this bill highlights that he's clearly not satisfied with how his own bill got twisted and watered down from the original, and he's still working to put back in some of the protections that were removed. Conyers is a powerful force on the other side of the aisle, whose support for the USA Freedom Act was seen by some as a signal that the bill was "okay" to vote on. Having both of them support this Amendment suggests that neither were really that satisfied with the bill and felt pressured into supporting it.
  • While this Amendment doesn't fix everything, it is an important chance for members of Congress to show that they really do support protecting Americans' privacy. But they need to know that. Please contact your Representative today to let them know you want them to support this amendment. The EFF and others have set up a website, ShutTheBackDoor.net, to help you contact your official. Please do so today.
  • Paul Merrell on 19 Jun 14
     
    Word is that the vote will happen today. If your Congress-critter needs persuading, it's time to jump at that telephone and send a few volts their way. 
Paul Merrell

Supreme Court Says Phones Can't Be Searched Without a Warrant - NYTimes.com - 0 views

www.nytimes.com/...cellphones-search-privacy.html

digital-privacy litigation U.S. cellphone-privacy NSA-reform

shared by Paul Merrell on 26 Jun 14 - No Cached
  • Paul Merrell on 26 Jun 14
     
    It is now beyond doubt that the Supreme Court is declining to authorize an Orwellian government surveillance future for the U.S. This sweeping, unanimous ruling definitely has broad application beyond cellphones, in no small part because the court recognized that cellphones of today are more like desktop computers and a host of other computerized devices than they are like the telephones of yesteryear. Hence, almost everything the court said afterward about the privacy rights in cellphones applies equally to all personal use computers. 
Paul Merrell

Deutsche Telekom to follow Vodafone in revealing surveillance | World news | The Guardian - 0 views

www.theguardian.com/...-also-reveal-surveillance-data

surveillance state NSA-reform Deutsche-Delekom Vodafone

shared by Paul Merrell on 08 Jun 14 - No Cached
  • Germany's biggest telecoms company is to follow Vodafone in disclosing for the first time the number of surveillance requests it receives from governments around the world.Deutsche Telekom, which owns half of Britain's EE mobile network and operates in 14 countries including the US, Spain and Poland, has already published surveillance data for its home nation – one of the countries that have reacted most angrily to the Edward Snowden revelations. In the wake of Vodafone's disclosures, first published in the Guardian on Friday, it announced that it would extend its disclosures to every other market where it operates and where it is legal.A spokeswoman for Deutsche Telekom, which has 140 million customers worldwide, said: "Deutsche Telekom has initially focused on Germany when it comes to disclosure of government requests. We are currently checking if and to what extent our national companies can disclose information. We intend to publish something similar to Vodafone."
  • Bosses of the world's biggest mobile networks, many of which have headquarters in Europe, are gathering for an industry conference in Shanghai this weekend, and the debate is expected to centre on whether they should join Deutsche and Vodafone in using transparency to push back against the use of their technology for government surveillance.Mobile companies, unlike social networks, cannot operate without a government-issued licence, and have previously been reluctant to discuss the extent of their cooperation with national security and law enforcement agencies.But Vodafone broke cover on Friday by confirming that in around half a dozen of the markets in which it operates, governments in Europe and outside have installed their own secret listening equipment on its network and those of other operators.
  • Paul Merrell on 08 Jun 14
     
    Looks like Vodafone broke a government transparency logjam on government surveillance via digital communications, as to disclosure of raw totals of search warrants by nations other than the U.S. 
Paul Merrell

USA Freedom Act Passes House, Codifying Bulk Collection For First Time, Critics Say - T... - 0 views

firstlook.org/...usa-freedom-act

surveillance state NSA-reform USA-Freedom-Act legislation

shared by Paul Merrell on 14 May 15 - No Cached
  • Paul Merrell on 14 May 15
     
    Surprise, surprise. U.S. "progressive" groups are waging an all-out email lobbying effort to sunset the Patriot Act. https://www.sunsetthepatriotact.com/ Same with civil liberties groups. e.g., https://action.aclu.org/secure/Section215 And a coalition of libertarian organizations. http://docs.techfreedom.org/Coalition_Letter_McConnell_215Reauth_4.27.15.pdf
Paul Merrell

USA Freedom Act Passes: What We Celebrate, What We Mourn, and Where We Go From Here | E... - 0 views

www.eff.org/...-we-mourn-and-where-we-go-here

surveillance state USA-Freedom-Act enactment EFF

shared by Paul Merrell on 04 Jun 15 - No Cached
  • The Senate passed the USA Freedom Act today by 67-32, marking the first time in over thirty years that both houses of Congress have approved a bill placing real restrictions and oversight on the National Security Agency’s surveillance powers. The weakening amendments to the legislation proposed by NSA defender Senate Majority Mitch McConnell were defeated, and we have every reason to believe that President Obama will sign USA Freedom into law. Technology users everywhere should celebrate, knowing that the NSA will be a little more hampered in its surveillance overreach, and both the NSA and the FISA court will be more transparent and accountable than it was before the USA Freedom Act. It’s no secret that we wanted more. In the wake of the damning evidence of surveillance abuses disclosed by Edward Snowden, Congress had an opportunity to champion comprehensive surveillance reform and undertake a thorough investigation, like it did with the Church Committee. Congress could have tried to completely end mass surveillance and taken numerous other steps to rein in the NSA and FBI. This bill was the result of compromise and strong leadership by Sens. Patrick Leahy and Mike Lee and Reps. Robert Goodlatte, Jim Sensenbrenner, and John Conyers. It’s not the bill EFF would have written, and in light of the Second Circuit's thoughtful opinion, we withdrew our support from the bill in an effort to spur Congress to strengthen some of its privacy protections and out of concern about language added to the bill at the behest of the intelligence community. Even so, we’re celebrating. We’re celebrating because, however small, this bill marks a day that some said could never happen—a day when the NSA saw its surveillance power reduced by Congress. And we’re hoping that this could be a turning point in the fight to rein in the NSA.
Paul Merrell

Rally your friends to support the #USAFreedomAct! - Take Action - Google - 0 views

www.google.com/...surveillance-share

surveillance state USA-Freedom-Act legislation Google

shared by Paul Merrell on 15 May 15 - No Cached
  • The House of Representatives has passed the USA Freedom Act, which represents a significant down payment on broader government surveillance reform. We need as many people as possible speaking up to make sure that the Senate says YES to the USA Freedom Act.
  • Paul Merrell on 15 May 15
     
    I suppose it was too much to hope that Google would do the right thing as called for by nearly all civil liberties organizations and call for sunsetting the Patriot Act. But Google's revolving door with NSA speaks and sides with NSA. Bad Google. Truly evil.   
Paul Merrell

Wikipedia takes feds to court over spying | TheHill - 0 views

thehill.com/...nsa-for-spying-on-web-backbone

suveillance-state NSA DoJ Wikimedia litigation

shared by Paul Merrell on 28 Sep 15 - No Cached
  • The foundation behind Wikipedia is suing the U.S. government over spying that it says violates core provisions of the Constitution.The Wikimedia Foundation joined forces on Tuesday with a slew of human rights groups, The Nation magazine and other organizations in a lawsuit accusing the National Security Agency (NSA) and Justice Department of violating the constitutional protections for freedom of speech and privacy.
  • If successful, the lawsuit could land a crippling blow to the web of secretive spying powers wielded by the NSA and exposed by Edward Snowden nearly two years ago. Despite initial outrage after Snowden’s leaks, Congress has yet to make any serious reforms to the NSA, and many of the programs continue largely unchanged.The lawsuit targets the NSA’s “upstream” surveillance program, which taps into the fiber cables that make up the backbone of the global Internet and allows the agency to collect vast amounts of information about people on the Web.“As a result, whenever someone overseas views or edits a Wikipedia page, it’s likely that the N.S.A. is tracking that activity — including the content of what was read or typed, as well as other information that can be linked to the person’s physical location and possible identity,” Tretikov and Wikipedia founder Jimmy Wales wrote in a joint New York Times op-ed announcing the lawsuit. Because the operations are largely overseen solely by the secretive Foreign Intelligence Surveillance Court — which operates out of the public eye and has been accused of acting as a rubber stamp for intelligence agencies — the foundation accused the NSA of violating the guarantees of a fair legal system.In addition to the Wikimedia Foundation and The Nation, the other groups joining the lawsuit are the National Association of Criminal Defense Lawyers, Human Rights Watch, Amnesty International, the Pen American Center, the Global Fund for Women, the Rutherford Institute and the Washington Office on Latin America. The groups are being represented by the American Civil Liberties Union.
  • In 2013, a lawsuit against similar surveillance powers brought by Amnesty International was tossed out by the Supreme Court on the grounds that the organization was not affected by the spying and had no standing to sue. That decision came before Snowden’s leaks later that summer, however, which included a slide featuring Wikipedia’s logo alongside those of Facebook, Yahoo, Google and other top websites. That should be more than enough grounds for a successful suit, the foundation said. In addition to the new suit, there are also a handful of other outstanding legal challenges to the NSA’s bulk collection of Americans’ phone records, a different program that has inspired some of the most heated antipathy. Those suits are all pending in appeals courts around the country.
Paul Merrell

NSA Will Destroy Archived Metadata When Program Stops - 0 views

firstlook.org/...rchived-metadata-program-stops

surveillance state telephone-metadata purge pending-litigation

shared by Paul Merrell on 28 Jul 15 - No Cached
  • Four months from now, at the same time that the National Security Agency finally abandons the massive domestic telephone dragnet exposed by whistleblower Edward Snowden, it will also stop perusing the vast archive of data collected by the program. The NSA announced on Monday that it will expunge all the telephone metadata it previously swept up, citing Section 215 of the U.S.A Patriot Act. The program was ruled illegal by a federal appeals court in May. In June, Congress voted to end the program, but gave the NSA until the end of November to phase it out. The historical metadata —  records of American phone calls showing who called who, when, and for how long — will be put out of the reach of analysts on November 29, although technical personnel will have access for three more months. The program started 14 years ago, and operated under rules requiring data be retained for five years, and then destroyed.
  • The only possible hold-up, ironically, would be if any of the civil lawsuits prompted by the program prohibit the destruction of the data. “The telephony metadata” will be “preserved solely because of preservation obligations in pending civil litigation,” the Office of the Director of National Intelligence announced. “As soon as possible, NSA will destroy the Section 215 bulk telephony metadata upon expiration of its litigation preservation obligations.” ACLU staff attorney Alex Abdo told The Intercept his organization is “pleased that the NSA intends to purge the call records it has collected illegally.” But, he added: “Even with today’s pledge, the devil may be in the details.”
Paul Merrell

Legislative Cyber Threats: CISA's Not The Only One | Just Security - 0 views

www.justsecurity.org/...egislative-cyber-threats-cisas

shared by Paul Merrell on 31 Jul 15 - No Cached
  • If anyone in the United States Senate had any doubts that the proposed Cyber Information Sharing Act (CISA) was universally hated by a range of civil society groups, a literal blizzard of faxes should’ve cleared up the issue by now. What’s not getting attention is a CISA “alternative” introduced last week by Sens. Mark Warner (D-Va) and Susan Collins (R-Me). Dubbed the “FISMA Reform Act,” the authors make the following claims about the bill:  This legislation would allow the Secretary of Homeland Security to operate intrusion detection and prevention capabilities on all federal agencies on the .gov domain. The bipartisan bill would also direct the Secretary of Homeland Security to conduct risk assessments of any network within the government domain. The bill would allow the Secretary of Homeland Security to operate defensive countermeasures on these networks once a cyber threat has been detected. The legislation would strengthen and streamline the authority Congress gave to DHS last year to issue binding operational directives to federal agencies, especially to respond to substantial cyber security threats in emergency circumstances.
  • The bill would require the Office of Management and Budget to report to Congress annually on the extent to which OMB has exercised its existing authority to enforce government wide cyber security standards. On the surface, it actually sounds like a rational response to the disastrous OPM hack. Unfortunately, the Warner-Collins bill has some vague or problematic language and non-existent definitions that make it potentially just as dangerous for data security and privacy as CISA. The bill would allow the Secretary of Homeland Security to carry out cyber security activities “in conjunction with other agencies and the private sector” [for] “assessing and fostering the development of information security technologies and capabilities for use across multiple agencies.” While the phrase “information sharing” is not present in this subsection, “security technologies and capabilities” is more than broad — and vague — enough to allow it.
  • The bill would also allow the secretary to “acquire, intercept, retain, use, and disclose communications and other system traffic that are transiting to or from or stored on agency information systems and deploy countermeasures with regard to the communications and system traffic.”
  • ...2 more annotations...
  • The bill also allows the head of a federal agency or department “to disclose to the Secretary or a private entity providing assistance to the Secretary…information traveling to or from or stored on an agency information system, notwithstanding any other law that would otherwise restrict or prevent agency heads from disclosing such information to the Secretary.” (Emphasis added.) So confidential, proprietary or other information otherwise precluded from disclosure under laws like HIPAA or the Privacy Act get waived if the Secretary of DHS or an agency head feel that your email needs to be shared with a government contracted outfit like the Hacking Team for analysis. And the bill explicitly provides for just this kind of cyber threat analysis outsourcing:
  • (3) PRIVATE ENTITIES. — The Secretary may enter into contracts or other agreements, or otherwise request and obtain the assistance of, private entities that provide electronic communication or information security services to acquire, intercept, retain, use, and disclose communications and other system traffic in accordance with this subsection. The bill further states that the content of your communications, will be retained only if the communication is associated with a known or reasonably suspected information security threat, and communications and system traffic will not be subject to the operation of a countermeasure unless associated with the threats. (Emphasis added.) “Reasonably suspected” is about as squishy a definition as one can find.
  • Paul Merrell on 31 Jul 15
     
    "The bill also allows the head of a federal agency or department "to disclose to the Secretary or a private entity providing assistance to the Secretary…information traveling to or from or stored on an agency information system, notwithstanding any other law that would otherwise restrict or prevent agency heads from disclosing such information to the Secretary."" Let's see: if your information is intercepted by the NSA and stored on its "information system" in Bluffdale, Utah, then it can be disclosed to the Secretary of DHS or any private entity providing him/her with assistance, "notwithstanding any other law that would otherwise restrict or prevent agency heads from disclosing such information to the Secretary." And if NSA just happens to be intercepting every digital bit of data generated or received in the entire world, including the U.S., then it's all in play, "notwithstanding any other law that would otherwise restrict or prevent agency heads from disclosing such information to the Secretary.". Sheesh! Our government voyeurs never stop trying to get more nude pix and videos to view.  
Paul Merrell

6 Anti-NSA Technological innovations that May Just Change the World | StormCloudsGathering - 0 views

stormcloudsgathering.com/that-may-just-change-the-world

surveillance state NSA-reform-technology p2p

shared by Paul Merrell on 09 Aug 15 - No Cached
  • Rather than grovel and beg for the U.S. government to respect our privacy, these innovators have taken matters into their own hands, and their work may change the playing field completely.
  • People used to assume that the United States government was held in check by the constitution, which prohibits unreasonable searches and seizures and which demands due process in criminal investigations, but such illusions have evaporated in recent years. It turns out that the NSA considers itself above the law in every respect and feels entitled to spy on anyone anywhere in the world without warrants, and without any real oversight. Understandably these revelations shocked the average citizen who had been conditioned to take the government's word at face value, and the backlash has been considerable. The recent "Today We Fight Back" campaign to protest the NSA's surveillance practices shows that public sentiment is in the right place. Whether these kinds of petitions and protests will have any real impact on how the U.S. government operates is questionable (to say the least), however some very smart people have decided not to wait around and find out. Instead they're focusing on making the NSA's job impossible. In the process they may fundamentally alter the way the internet operates.
  • People used to assume that the United States government was held in check by the constitution, which prohibits unreasonable searches and seizures and which demands due process in criminal investigations, but such illusions have evaporated in recent years. It turns out that the NSA considers itself above the law in every respect and feels entitled to spy on anyone anywhere in the world without warrants, and without any real oversight. Understandably these revelations shocked the average citizen who had been conditioned to take the government's word at face value, and the backlash has been considerable. The recent "Today We Fight Back" campaign to protest the NSA's surveillance practices shows that public sentiment is in the right place. Whether these kinds of petitions and protests will have any real impact on how the U.S. government operates is questionable (to say the least), however some very smart people have decided not to wait around and find out. Instead they're focusing on making the NSA's job impossible. In the process they may fundamentally alter the way the internet operates.
Paul Merrell

Antitrust Chief Hits Resistance in Crackdown - NYTimes.com - 0 views

www.nytimes.com/...26antitrust.html

shared by Paul Merrell on 26 Jul 09 - Cached
  • WASHINGTON — President Obama’s top antitrust official and some senior Democratic lawmakers are preparing to rein in a host of major industries, including airline and railroad giants, moving so aggressively that they are finding some resistance from officials within the administration.
    • Paul Merrell
      Paul Merrell on 26 Jul 09
       
      Predictable. Government regulatory agencies tend to become dominated by the regulated industries in no small part due to the "revolving door" that sees particular officials shuttling back and forth between working for industry and government. As former Senator Scoop Jackson said, the perennial problem with regulatory agencies is who will police the police? Now the Obama Administration's antitrust reformers hit the obstacle of regulatory agency bias toward the regulated industries. The monopolists fight back.
Paul Merrell

Reset The Net - Privacy Pack - 0 views

pack.resetthenet.org

surveillance state digital-privacy NSA-reform Reset-the-Net

shared by Paul Merrell on 03 Jun 14 - No Cached
  • This June 5th, I pledge to take strong steps to protect my freedom from government mass surveillance. I expect the services I use to do the same.
  • Fight for the Future and Center for Rights will contact you about future campaigns. Privacy Policy
  • Paul Merrell on 03 Jun 14
     
    I wound up joining this campaign at the urging of the ACLU after checking the Privacy Policy. The Reset the Net campaign seems to be endorsed by a lot of change-oriented groups, from the ACLU to Greenpeac to the Pirate Party. A fair number of groups with a Progressive agenda, but certainly not limited to them. The right answer to that situation is to urge other groups to endorse, not to avoid the campaign. Single-issue coalition-building is all about focusing on an area of agreement rather than worrying about who you are rubbing elbows with.  I have been looking for a a bipartisan group that's tackling government surveillance issues via mass actions but has no corporate sponsors. This might be the one. The reason: Corporate types like Google have no incentive to really butt heads with the government voyeurs. They are themselves engaged in massive surveillance of their users and certainly will not carry the battle for digital privacy over to the private sector. But this *is* a battle over digital privacy and legally defining user privacy rights in the private sector is just as important as cutting back on government surveillance. As we have learned through the Snowden disclosures, what the private internet companies have, the NSA can and does get.  The big internet services successfully pushed in the U.S. for authorization to publish more numbers about how many times they pass private data to the government, but went no farther. They wanted to be able to say they did something, but there's a revolving door of staffers between NSA and the big internet companies and the internet service companies' data is an open book to the NSA.   The big internet services are not champions of their users' privacy. If they were, they would be featuring end-to-end encryption with encryption keys unique to each user and unknown to the companies.  Like some startups in Europe are doing. E.g., the Wuala.com filesync service in Switzerland (first 5 GB of storage free). Compare tha
Paul Merrell

Safer email - Transparency Report - Google - 0 views

www.google.com/...saferemail

surveillance state NSA-reform encryption email stats Gmail

shared by Paul Merrell on 04 Jun 14 - No Cached
  • Email encryption in transit Many email providers don’t encrypt messages while they’re in transit. When you send or receive emails with one of these providers, these messages are as open to snoopers as a postcard in the mail. A growing number of email providers are working to change that, by encrypting messages sent to and from our services using Transport Layer Security (TLS). When an email is encrypted in transit with TLS, it makes it harder for others to read what you’re sending. The data below explains the current state of email encryption in transit.
  • Generally speaking, use of encryption in transit increases over time, as more providers enable and maintain their support. Factors such as varying volumes of email may explain other fluctuations.
  • Below is the percentage of email encrypted for the top domains in terms of volume of email to and from Gmail, in alphabetical order.
  • ...1 more annotation...
  • Explore the data Search any domain (e.g. “example.com”) or string (e.g. “de”) to see how much of the email exchanged with Gmail is encrypted in transit. Or download the full dataset.
Paul Merrell

UN Report Finds Mass Surveillance Violates International Treaties and Privacy Rights - ... - 0 views

firstlook.org/...ort-condemns-mass-surveillance

surveillance state UN-report digital-privacy

shared by Paul Merrell on 16 Oct 14 - No Cached
  • The United Nations’ top official for counter-terrorism and human rights (known as the “Special Rapporteur”) issued a formal report to the U.N. General Assembly today that condemns mass electronic surveillance as a clear violation of core privacy rights guaranteed by multiple treaties and conventions. “The hard truth is that the use of mass surveillance technology effectively does away with the right to privacy of communications on the Internet altogether,” the report concluded. Central to the Rapporteur’s findings is the distinction between “targeted surveillance” — which “depend[s] upon the existence of prior suspicion of the targeted individual or organization” — and “mass surveillance,” whereby “states with high levels of Internet penetration can [] gain access to the telephone and e-mail content of an effectively unlimited number of users and maintain an overview of Internet activity associated with particular websites.” In a system of “mass surveillance,” the report explained, “all of this is possible without any prior suspicion related to a specific individual or organization. The communications of literally every Internet user are potentially open for inspection by intelligence and law enforcement agencies in the States concerned.”
  • Mass surveillance thus “amounts to a systematic interference with the right to respect for the privacy of communications,” it declared. As a result, “it is incompatible with existing concepts of privacy for States to collect all communications or metadata all the time indiscriminately.” In concluding that mass surveillance impinges core privacy rights, the report was primarily focused on the International Covenant on Civil and Political Rights, a treaty enacted by the General Assembly in 1966, to which all of the members of the “Five Eyes” alliance are signatories. The U.S. ratified the treaty in 1992, albeit with various reservations that allowed for the continuation of the death penalty and which rendered its domestic law supreme. With the exception of the U.S.’s Persian Gulf allies (Saudi Arabia, UAE and Qatar), virtually every major country has signed the treaty. Article 17 of the Covenant guarantees the right of privacy, the defining protection of which, the report explained, is “that individuals have the right to share information and ideas with one another without interference by the State, secure in the knowledge that their communication will reach and be read by the intended recipients alone.”
  • The report’s key conclusion is that this core right is impinged by mass surveillance programs: “Bulk access technology is indiscriminately corrosive of online privacy and impinges on the very essence of the right guaranteed by article 17. In the absence of a formal derogation from States’ obligations under the Covenant, these programs pose a direct and ongoing challenge to an established norm of international law.” The report recognized that protecting citizens from terrorism attacks is a vital duty of every state, and that the right of privacy is not absolute, as it can be compromised when doing so is “necessary” to serve “compelling” purposes. It noted: “There may be a compelling counter-terrorism justification for the radical re-evaluation of Internet privacy rights that these practices necessitate. ” But the report was adamant that no such justifications have ever been demonstrated by any member state using mass surveillance: “The States engaging in mass surveillance have so far failed to provide a detailed and evidence-based public justification for its necessity, and almost no States have enacted explicit domestic legislation to authorize its use.”
  • ...5 more annotations...
  • Instead, explained the Rapporteur, states have relied on vague claims whose validity cannot be assessed because of the secrecy behind which these programs are hidden: “The arguments in favor of a complete abrogation of the right to privacy on the Internet have not been made publicly by the States concerned or subjected to informed scrutiny and debate.” About the ongoing secrecy surrounding the programs, the report explained that “states deploying this technology retain a monopoly of information about its impact,” which is “a form of conceptual censorship … that precludes informed debate.” A June report from the High Commissioner for Human Rights similarly noted “the disturbing lack of governmental transparency associated with surveillance policies, laws and practices, which hinders any effort to assess their coherence with international human rights law and to ensure accountability.” The rejection of the “terrorism” justification for mass surveillance as devoid of evidence echoes virtually every other formal investigation into these programs. A federal judge last December found that the U.S. Government was unable to “cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack.” Later that month, President Obama’s own Review Group on Intelligence and Communications Technologies concluded that mass surveillance “was not essential to preventing attacks” and information used to detect plots “could readily have been obtained in a timely manner using conventional [court] orders.”
  • Three Democratic Senators on the Senate Intelligence Committee wrote in The New York Times that “the usefulness of the bulk collection program has been greatly exaggerated” and “we have yet to see any proof that it provides real, unique value in protecting national security.” A study by the centrist New America Foundation found that mass metadata collection “has had no discernible impact on preventing acts of terrorism” and, where plots were disrupted, “traditional law enforcement and investigative methods provided the tip or evidence to initiate the case.” It labeled the NSA’s claims to the contrary as “overblown and even misleading.” While worthless in counter-terrorism policies, the UN report warned that allowing mass surveillance to persist with no transparency creates “an ever present danger of ‘purpose creep,’ by which measures justified on counter-terrorism grounds are made available for use by public authorities for much less weighty public interest purposes.” Citing the UK as one example, the report warned that, already, “a wide range of public bodies have access to communications data, for a wide variety of purposes, often without judicial authorization or meaningful independent oversight.”
  • The report was most scathing in its rejection of a key argument often made by American defenders of the NSA: that mass surveillance is justified because Americans are given special protections (the requirement of a FISA court order for targeted surveillance) which non-Americans (95% of the world) do not enjoy. Not only does this scheme fail to render mass surveillance legal, but it itself constitutes a separate violation of international treaties (emphasis added): The Special Rapporteur concurs with the High Commissioner for Human Rights that where States penetrate infrastructure located outside their territorial jurisdiction, they remain bound by their obligations under the Covenant. Moreover, article 26 of the Covenant prohibits discrimination on grounds of, inter alia, nationality and citizenship. The Special Rapporteur thus considers that States are legally obliged to afford the same privacy protection for nationals and non-nationals and for those within and outside their jurisdiction. Asymmetrical privacy protection regimes are a clear violation of the requirements of the Covenant.
  • That principle — that the right of internet privacy belongs to all individuals, not just Americans — was invoked by NSA whistleblower Edward Snowden when he explained in a June, 2013 interview at The Guardian why he disclosed documents showing global surveillance rather than just the surveillance of Americans: “More fundamentally, the ‘US Persons’ protection in general is a distraction from the power and danger of this system. Suspicionless surveillance does not become okay simply because it’s only victimizing 95% of the world instead of 100%.” The U.N. Rapporteur was clear that these systematic privacy violations are the result of a union between governments and tech corporations: “States increasingly rely on the private sector to facilitate digital surveillance. This is not confined to the enactment of mandatory data retention legislation. Corporates [sic] have also been directly complicit in operationalizing bulk access technology through the design of communications infrastructure that facilitates mass surveillance. ”
  • The latest finding adds to the growing number of international formal rulings that the mass surveillance programs of the U.S. and its partners are illegal. In January, the European parliament’s civil liberties committee condemned such programs in “the strongest possible terms.” In April, the European Court of Justice ruled that European legislation on data retention contravened EU privacy rights. A top secret memo from the GCHQ, published last year by The Guardian, explicitly stated that one key reason for concealing these programs was fear of a “damaging public debate” and specifically “legal challenges against the current regime.” The report ended with a call for far greater transparency along with new protections for privacy in the digital age. Continuation of the status quo, it warned, imposes “a risk that systematic interference with the security of digital communications will continue to proliferate without any serious consideration being given to the implications of the wholesale abandonment of the right to online privacy.” The urgency of these reforms is underscored, explained the Rapporteur, by a conclusion of the United States Privacy and Civil Liberties Oversight Board that “permitting the government to routinely collect the calling records of the entire nation fundamentally shifts the balance of power between the state and its citizens.”
Paul Merrell

Protect your synced data - Chrome Help - 0 views

support.google.com/...1181035

Google Chrome NSA-reform encryption

shared by Paul Merrell on 09 Dec 14 - No Cached
  • When you sign in to Chrome and enable sync, Chrome keeps your information secure by using your Google Account credentials to encrypt your synced passwords. Alternatively, you can choose to encrypt all of your synced data with a sync passphrase. This sync passphrase is stored on your computer and isn't sent to Google.
  • Click the Chrome menu on the browser toolbar. Select Signed in as <your email address> (you must be signed in to Chrome already). In the "Sign in" section, click Advanced sync settings. Choose an encryption option: Encrypt synced passwords with your Google credentials: This is the default option. Your saved passwords are encrypted on Google's servers and protected with your Google Account credentials. Encrypt all synced data with your own sync passphrase: Select this if you'd like to encrypt all the data you've chosen to sync. You can provide your own passphrase that will only be stored on your computer. Click OK.
  • Paul Merrell on 09 Dec 14
     
    Just installed Google Chrome on a new system. When I went into settings to set my syncronization preferences, I discovered a new setting I never noticed before for synchronization. I suspect it's new and one Google reaction to the NSA scandal. End to end encryption with a local password that isn't sent to Google. If you're using Chrome, here's an easy way to help the Web fight back to NSA voyeurs.  
Paul Merrell

Demand an End to Secret Copyright Trade Deals | EFF Action Center - 0 views

act.eff.org/...o-secret-copyright-trade-deals

copyright privacy secret-negotiations reform treaties TPP

shared by Paul Merrell on 28 Aug 14 - No Cached
  • Senator Ron Wyden may hold the future of the Internet in his hands. Let's call on him to fix the secretive process that has led to trade deals carrying extreme copyright and digital privacy provisions.
  • As Senate Finance Committee Chair, Senator Wyden is under pressure to fast track trade agreements like the Trans-Pacific Partnership (TPP) agreement. But he has another option: to finally bring these deals out into the open. We call on him now to continue to stand up to big private interests and help ensure that our digital rights are protected.
Paul Merrell

Between the Lines of the Cellphone Privacy Ruling - NYTimes.com - 0 views

www.nytimes.com/...ellphone-privacy-decision.html

digital-privacy litigation U.S. cellphone-privacy NSA-reform

shared by Paul Merrell on 26 Jun 14 - No Cached
  • In a pathbreaking case on Fourth Amendment privacy rights and modern technology, the Supreme Court unanimously ruled that the police must obtain warrants before searching the digital contents of cellphones taken from people who are placed under arrest. Here are some key points in the opinion by Chief Justice John G. Roberts Jr. and a concurrence by Justice Samuel Alito.
Paul Merrell

Google Says Website Encryption Will Now Influence Search Rankings - 0 views

techcrunch.com/...-now-influence-search-rankings

surveillance state NSA-reform NSA-blowback Google

shared by Paul Merrell on 08 Aug 14 - No Cached
  • Google will begin using website encryption, or HTTPS, as a ranking signal – a move which should prompt website developers who have dragged their heels on increased security measures, or who debated whether their website was “important” enough to require encryption, to make a change. Initially, HTTPS will only be a lightweight signal, affecting fewer than 1% of global queries, says Google. That means that the new signal won’t carry as much weight as other factors, including the quality of the content, the search giant noted, as Google means to give webmasters time to make the switch to HTTPS. Over time, however, encryption’s effect on search ranking make strengthen, as the company places more importance on website security. Google also promises to publish a series of best practices around TLS (HTTPS, is also known as HTTP over TLS, or Transport Layer Security) so website developers can better understand what they need to do in order to implement the technology and what mistakes they should avoid. These tips will include things like what certificate type is needed, how to use relative URLs for resources on the same secure domain, best practices around allowing for site indexing, and more.
  • In addition, website developers can test their current HTTPS-enabled website using the Qualys Lab tool, says Google, and can direct further questions to Google’s Webmaster Help Forums where the company is already in active discussions with the broader community. The announcement has drawn a lot of feedback from website developers and those in the SEO industry – for instance, Google’s own blog post on the matter, shared in the early morning hours on Thursday, is already nearing 1,000 comments. For the most part, the community seems to support the change, or at least acknowledge that they felt that something like this was in the works and are not surprised. Google itself has been making moves to better securing its own traffic in recent months, which have included encrypting traffic between its own servers. Gmail now always uses an encrypted HTTPS connection which keeps mail from being snooped on as it moves from a consumer’s machine to Google’s data centers.
  • While HTTPS and site encryption have been a best practice in the security community for years, the revelation that the NSA has been tapping the cables, so to speak, to mine user information directly has prompted many technology companies to consider increasing their own security measures, too. Yahoo, for example, also announced in November its plans to encrypt its data center traffic. Now Google is helping to push the rest of the web to do the same.
  • Paul Merrell on 08 Aug 14
     
    The Internet continues to harden in the wake of the NSA revelations. This is a nice nudge by Google.
Paul Merrell

Yahoo to begin offering PGP encryption support in Yahoo Mail service | Ars Technica - 0 views

arstechnica.com/...-support-in-yahoo-mail-service

surveillance state NSA-reform NSA-blowback Yahoo! email

shared by Paul Merrell on 08 Aug 14 - No Cached
  • Yahoo Chief Information Security Officer Alex Stamos announced today at Black Hat 2014 that starting in the fall of this year, the purple-hued company will begin giving users the option of seamlessly wrapping their e-mails in PGP encryption. According to Kashmir Hill at Forbes, the encryption capability will be offered through a modified version of the same End-to-End browser plug-in that Google uses for PGP in Gmail. The announcement was tweeted by Yan Zhu, who has reportedly been hired by Yahoo to adapt End-to-End for use with Yahoo Mail. Zhu formerly worked as an engineer at the Electronic Frontier Foundation, an organization that has consistently been outspoken in its call for the widespread use of encryption throughout the Web and the Internet in general.
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