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Paul Merrell

The Government Can No Longer Track Your Cell Phone Without a Warrant | Motherboard - 0 views

motherboard.vice.com/...r-cell-phone-without-a-warrant

surveillance state location-data 4th Amendment litigation

shared by Paul Merrell on 13 Jun 14 - No Cached
  • The government and police regularly use location data pulled off of cell phone towers to put criminals at the scenes of crimes—often without a warrant. Well, an appeals court ruled today that the practice is unconstitutional, in one of the strongest judicial defenses of technology privacy rights we've seen in a while.  The United States Court of Appeals for the Eleventh Circuit ruled that the government illegally obtained and used Quartavious Davis's cell phone location data to help convict him in a string of armed robberies in Miami and unequivocally stated that cell phone location information is protected by the Fourth Amendment. "In short, we hold that cell site location information is within the subscriber’s reasonable expectation of privacy," the court ruled in an opinion written by Judge David Sentelle. "The obtaining of that data without a warrant is a Fourth Amendment violation."
  • In Davis's case, police used his cell phone's call history against him to put him at the scene of several armed robberies. They obtained a court order—which does not require the government to show probable cause—not a warrant, to do so. From now on, that'll be illegal. The decision applies only in the Eleventh Circuit, but sets a strong precedent for future cases.
  • "One’s cell phone, unlike an automobile, can accompany its owner anywhere. Thus, the exposure of the cell site location information can convert what would otherwise be a private event into a public one," he wrote. "In that sense, cell site data is more like communications data than it is like GPS information. That is, it is private in nature rather than being public data that warrants privacy protection only when its collection creates a sufficient mosaic to expose that which would otherwise be private." Finally, the government argued that, because Davis made outgoing calls, he "voluntarily" gave up his location data. Sentelle rejected that, too, citing a prior decision by a Third Circuit Court. "The Third Circuit went on to observe that 'a cell phone customer has not ‘voluntarily’ shared his location information with a cellular provider in any meaningful way.' That circuit further noted that 'it is unlikely that cell phone customers are aware that their cell phone providers collect and store historical location information,'” Sentelle wrote.
  • ...2 more annotations...
  • Indeed, the decision alone is a huge privacy win, but Sentelle's strong language supporting cell phone users' privacy rights is perhaps the most important part of the opinion. Sentelle pushed back against several of the federal government's arguments, including one that suggested that, because cell phone location data based on a caller's closest cell tower isn't precise, it should be readily collectable.  "The United States further argues that cell site location information is less protected than GPS data because it is less precise. We are not sure why this should be significant. We do not doubt that there may be a difference in precision, but that is not to say that the difference in precision has constitutional significance," Sentelle wrote. "That information obtained by an invasion of privacy may not be entirely precise does not change the calculus as to whether obtaining it was in fact an invasion of privacy." The court also cited the infamous US v. Jones Supreme Court decision that held that attaching a GPS to a suspect's car is a "search" under the Fourth Amendment. Sentelle suggested a cell phone user has an even greater expectation of location privacy with his or her cell phone use than a driver does with his or her car. A car, Sentelle wrote, isn't always with a person, while a cell phone, these days, usually is.
  • "Therefore, as the Third Circuit concluded, 'when a cell phone user makes a call, the only information that is voluntarily and knowingly conveyed to the phone company is the number that is dialed, and there is no indication to the user that making that call will also locate the caller,'" he continued.
  • Paul Merrell on 13 Jun 14
     
    Another victory for civil libertarians against the surveillance state. Note that this is another decision drawing guidance from the Supreme Court's decision in U.S. v. Jones, shortly before the Edward Snowden leaks came to light, that called for re-examination of the Third Party Doctrine, an older doctrine that data given to or generated by third parties is not protected by the Fourth Amendment.   
Paul Merrell

For sale: Systems that can secretly track where cellphone users go around the globe - T... - 0 views

www.washingtonpost.com/...3-bf76-447a5df6411f_story.html

surveillance-state Verint cellphone-tracking SS7 IMSI surveillance-proliferation

shared by Paul Merrell on 26 Aug 14 - No Cached
  • Makers of surveillance systems are offering governments across the world the ability to track the movements of almost anybody who carries a cellphone, whether they are blocks away or on another continent. The technology works by exploiting an essential fact of all cellular networks: They must keep detailed, up-to-the-minute records on the locations of their customers to deliver calls and other services to them. Surveillance systems are secretly collecting these records to map people’s travels over days, weeks or longer, according to company marketing documents and experts in surveillance technology.
  • The world’s most powerful intelligence services, such as the National Security Agency and Britain’s GCHQ, long have used cellphone data to track targets around the globe. But experts say these new systems allow less technically advanced governments to track people in any nation — including the United States — with relative ease and precision.
  • It is unclear which governments have acquired these tracking systems, but one industry official, speaking on the condition of anonymity to share sensitive trade information, said that dozens of countries have bought or leased such technology in recent years. This rapid spread underscores how the burgeoning, multibillion-dollar surveillance industry makes advanced spying technology available worldwide. “Any tin-pot dictator with enough money to buy the system could spy on people anywhere in the world,” said Eric King, deputy director of Privacy International, a London-based activist group that warns about the abuse of surveillance technology. “This is a huge problem.”
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  • Yet marketing documents obtained by The Washington Post show that companies are offering powerful systems that are designed to evade detection while plotting movements of surveillance targets on computerized maps. The documents claim system success rates of more than 70 percent. A 24-page marketing brochure for SkyLock, a cellular tracking system sold by Verint, a maker of analytics systems based in Melville, N.Y., carries the subtitle “Locate. Track. Manipulate.” The document, dated January 2013 and labeled “Commercially Confidential,” says the system offers government agencies “a cost-effective, new approach to obtaining global location information concerning known targets.”
  • tracking systems that access carrier location databases are unusual in their ability to allow virtually any government to track people across borders, with any type of cellular phone, across a wide range of carriers — without the carriers even knowing. These systems also can be used in tandem with other technologies that, when the general location of a person is already known, can intercept calls and Internet traffic, activate microphones, and access contact lists, photos and other documents. Companies that make and sell surveillance technology seek to limit public information about their systems’ capabilities and client lists, typically marketing their technology directly to law enforcement and intelligence services through international conferences that are closed to journalists and other members of the public.
  • Security experts say hackers, sophisticated criminal gangs and nations under sanctions also could use this tracking technology, which operates in a legal gray area. It is illegal in many countries to track people without their consent or a court order, but there is no clear international legal standard for secretly tracking people in other countries, nor is there a global entity with the authority to police potential abuses.
  • (Privacy International has collected several marketing brochures on cellular surveillance systems, including one that refers briefly to SkyLock, and posted them on its Web site. The 24-page SkyLock brochure and other material was independently provided to The Post by people concerned that such systems are being abused.)
  • Verint, which also has substantial operations in Israel, declined to comment for this story. It says in the marketing brochure that it does not use SkyLock against U.S. or Israeli phones, which could violate national laws. But several similar systems, marketed in recent years by companies based in Switzerland, Ukraine and elsewhere, likely are free of such limitations.
  • The tracking technology takes advantage of the lax security of SS7, a global network that cellular carriers use to communicate with one another when directing calls, texts and Internet data. The system was built decades ago, when only a few large carriers controlled the bulk of global phone traffic. Now thousands of companies use SS7 to provide services to billions of phones and other mobile devices, security experts say. All of these companies have access to the network and can send queries to other companies on the SS7 system, making the entire network more vulnerable to exploitation. Any one of these companies could share its access with others, including makers of surveillance systems.
  • Companies that market SS7 tracking systems recommend using them in tandem with “IMSI catchers,” increasingly common surveillance devices that use cellular signals collected directly from the air to intercept calls and Internet traffic, send fake texts, install spyware on a phone, and determine precise locations. IMSI catchers — also known by one popular trade name, StingRay — can home in on somebody a mile or two away but are useless if a target’s general location is not known. SS7 tracking systems solve that problem by locating the general area of a target so that IMSI catchers can be deployed effectively. (The term “IMSI” refers to a unique identifying code on a cellular phone.)
  • Verint can install SkyLock on the networks of cellular carriers if they are cooperative — something that telecommunications experts say is common in countries where carriers have close relationships with their national governments. Verint also has its own “worldwide SS7 hubs” that “are spread in various locations around the world,” says the brochure. It does not list prices for the services, though it says that Verint charges more for the ability to track targets in many far-flung countries, as opposed to only a few nearby ones. Among the most appealing features of the system, the brochure says, is its ability to sidestep the cellular operators that sometimes protect their users’ personal information by refusing government requests or insisting on formal court orders before releasing information.
  • Another company, Defentek, markets a similar system called Infiltrator Global Real-Time Tracking System on its Web site, claiming to “locate and track any phone number in the world.” The site adds: “It is a strategic solution that infiltrates and is undetected and unknown by the network, carrier, or the target.”
  • Paul Merrell on 26 Aug 14
     
    The Verint company has very close ties to the Iraeli government. Its former parent company Comverse, was heavily subsidized by Israel and the bulk of its manufacturing and code development was done in Israel. See https://en.wikipedia.org/wiki/Comverse_Technology "In December 2001, a Fox News report raised the concern that wiretapping equipment provided by Comverse Infosys to the U.S. government for electronic eavesdropping may have been vulnerable, as these systems allegedly had a back door through which the wiretaps could be intercepted by unauthorized parties.[55] Fox News reporter Carl Cameron said there was no reason to believe the Israeli government was implicated, but that "a classified top-secret investigation is underway".[55] A March 2002 story by Le Monde recapped the Fox report and concluded: "Comverse is suspected of having introduced into its systems of the 'catch gates' in order to 'intercept, record and store' these wire-taps. This hardware would render the 'listener' himself 'listened to'."[56] Fox News did not pursue the allegations, and in the years since, there have been no legal or commercial actions of any type taken against Comverse by the FBI or any other branch of the US Government related to data access and security issues. While no real evidence has been presented against Comverse or Verint, the allegations have become a favorite topic of conspiracy theorists.[57] By 2005, the company had $959 million in sales and employed over 5,000 people, of whom about half were located in Israel.[16]" Verint is also the company that got the Dept. of Homeland Security contract to provide and install an electronic and video surveillance system across the entire U.S. border with Mexico.  One need not be much of a conspiracy theorist to have concerns about Verint's likely interactions and data sharing with the NSA and its Israeli equivalent, Unit 8200. 
Paul Merrell

US v. Davis, 754 F. 3d 1205 - Court of Appeals, 11th Circuit 2014 - Google Scholar - 0 views

scholar.google.com/scholar_case

surveillance state litigation 11th-Cir. cell-site-location-data civil liberties 4th Amendment

shared by Paul Merrell on 04 Nov 14 - No Cached
  • 754 F.3d 1205 (2014) UNITED STATES of America, Plaintiff-Appellee, v. Quartavious DAVIS, Defendant-Appellant. No. 12-12928. United States Court of Appeals, Eleventh Circuit. June 11, 2014.
  • The prosecution also offered records obtained from cell phone service providers evidencing that Davis and his co-defendants had placed and received cell phone calls in close proximity to the locations of each of the charged robberies around the 1210*1210 time that the robberies were committed, except for the Mayor's Jewelry store robbery. Davis preserved his objection to the cell phone location evidence and his claim that the government's obtaining such evidence without a warrant issued upon a showing of probable cause violated his rights under the Fourth Amendment.
  • The evidence obtained under the order and presented against Davis in the district court consisted of so-called "cell site location information." That location information 1211*1211 includes a record of calls made by the providers' customer, in this case Davis, and reveals which cell tower carried the call to or from the customer. The cell tower in use will normally be the cell tower closest to the customer. The cell site location information will also reflect the direction of the user from the tower. It is therefore possible to extrapolate the location of the cell phone user at the time and date reflected in the call record.
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  • Davis's Fourth Amendment argument raises issues of first impression in this circuit, and not definitively decided elsewhere in the country. The evidence at issue consists of records obtained from cell phone service providers pursuant to the Stored Communications Act ("SCA"), 18 U.S.C. §§ 2703(c) and (d). Under that Act, the government can obtain from providers of electronic communication service records of subscriber services when the government has obtained either a warrant, § 2703(c)(A), or, as occurred in this case, a court order under subsection (d), see § 2703(c)(B). The order under subsection (d) does not require the government to show probable cause.
  • As we suggested above, the question whether cell site location information is protected by the Fourth Amendment guarantees against warrantless searches has never been determined by this court or the Supreme Court. Two circuits have considered the question, but not in the context of the use of the evidence in a criminal proceeding. Also, one of those opinions issued before the Supreme Court's decision in United States v. Jones, ___ U.S. ___, 132 S.Ct. 945, 181 L.Ed.2d 911 (2012), the most relevant Supreme Court precedent.
  • In short, we hold that cell site location information is within the subscriber's reasonable expectation of privacy. The obtaining of that data without a warrant is a Fourth Amendment violation.
  • Paul Merrell on 04 Nov 14
     
    11th U.S. Circuit Court of Appeals (Southeastern U.S.) holds that section 2703(d) of the Stored Communications Act, which purports to allow the obtaining of a search warrant without a showing of probable cause, violates the 4th Amendment warrant requirement as applied to cell tower "site location information." That should also apply to "fake" cell towers, like the Stingray device (IMSI catcher) used to obtain the same type of information. Likely doubly so because such devices trespass on a radio connection assigned by the FCC between the legitimate cell tower and the user's telephone.
Gary Edwards

Accidentally Released - and Incredibly Embarrassing - Documents Show How Goldman et al ... - 0 views

www.rollingstone.com/...n-naked-short-selling-20120515

Banksters Naked-Short-Selling Overstock.com

shared by Gary Edwards on 17 May 12 - No Cached
  • Gary Edwards on 17 May 12
     
    Incredible.  Take your time reading this because we now have legal evidence of outrageous Bankster criminality.  Read carefully. excerpt: The lawsuit between Overstock and the banks concerned a phenomenon called naked short-selling, a kind of high-finance counterfeiting that, especially prior to the introduction of new regulations in 2008, short-sellers could use to artificially depress the value of the stocks they've bet against. The subject of naked short-selling is a) highly technical, and b) very controversial on Wall Street, with many pundits in the financial press for years treating the phenomenon as the stuff of myths and conspiracy theories. Now, however, through the magic of this unredacted document, the public will be able to see for itself what the banks' attitudes are not just toward the "mythical" practice of naked short selling (hint: they volubly confess to the activity, in writing), but toward regulations and laws in general. "Fuck the compliance area - procedures, schmecedures," chirps Peter Melz, former president of Merrill Lynch Professional Clearing Corp. (a.k.a. Merrill Pro), when a subordinate worries about the company failing to comply with the rules governing short sales. ...................... If this sounds complicated, just focus on this: naked short selling, in essence, is selling stock you do not have. If you don't have to actually locate and borrow stock before you short it, you're creating an artificial supply of stock shares. ................ The process of how banks circumvented federal clearing regulations is highly technical and incredibly difficult to follow. These companies were using obscure loopholes in regulations that allowed them to short companies by trading in shadows, or echoes, of real shares in their stock. They manipulated rules to avoid having to disclose these "failed" trades to regulators. The import of this is that it made it cheaper and easier to bet down the value of a stock
Paul Merrell

Emails Show Feds Asking Florida Cops to Deceive Judges | Threat Level | WIRED - 0 views

www.wired.com/...-deceive-courts-about-stingray

surveillance state stingrays parallel-construction location-data litigation

shared by Paul Merrell on 25 Jun 14 - No Cached
  • Police in Florida have, at the request of the U.S. Marshals Service, been deliberately deceiving judges and defendants about their use of a controversial surveillance tool to track suspects, according to newly obtained emails. At the request of the Marshals Service, the officers using so-called stingrays have been routinely telling judges, in applications for warrants, that they obtained knowledge of a suspect’s location from a “confidential source” rather than disclosing that the information was gleaned using a stingray. A series of five emails (.pdf) written in April, 2009, were obtained today by the American Civil Liberties Union showing police officials discussing the deception. The organization has filed Freedom of Information Act requests with police departments throughout Florida seeking information about their use of stingrays.
  • The initial email, which bears the subject line “Trap and Trace Confidentiality,” was sent by Sarasota police Sgt. Kenneth Castro to colleagues at the North Port (Florida) Police Department. It was sent after Assistant State Attorney Craig Schaefer contacted police to express concern about an application for a probable cause warrant filed by a North Port police detective. The application “specifically outlined” for the court the investigative means used to locate the suspect. Castro informs his colleague that the application should be revised to conceal the use of the surveillance equipment. “In the past,” Castro writes, “and at the request of the U.S. Marshalls (sic), the investigative means utilized to locate the suspect have not been revealed so that we may continue to utilize this technology without the knowledge of the criminal element. In reports or depositions we simply refer to the assistance as ‘received information from a confidential source regarding the location of the suspect.’ To date this has not been challenged, since it is not an integral part of the actual crime that occurred.”
  • He then requests that “If this is in fact one of your cases, could you please entertain either having the Detective submit a new PCA and seal the old one, or at minimum instruct the detectives for future cases, regarding the fact that it is unnecessary to provide investigative means to anyone outside of law enforcement, especially in a public document.” Capt. Robert Estrada, at the North Port Police Department, later confirmed in an email, “[W]e have changed the PCA within the agency after consulting with the [State Attorney's Office]. The PCA that was already within the court system according to the SAO will have to remain since it has already been submitted. At some point and time the SAO will submit the changed document as an addendum. We have implemented within our detective bureau to not use this investigative tool on our documents in the future.”
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  • The release of the emails showing interference by a state attorney and the U.S. Marshals Service comes two weeks after agents from the Marshals Service took the extraordinary measure of seizing other public documents related to stingrays from the Sarasota Police Department in order to prevent the ACLU from examining them. The documents, which were responsive to a FOIA request seeking information about Sarasota’s use of the devices, had been set aside for ACLU attorneys to examine in person. But hours before they arrived for the appointment to view the documents, someone from the Marshals Service swooped in to seize the documents and cart them to another location. ACLU staff attorney Nathan Freed Wessler called the move “truly extraordinary and beyond the worst transparency violations” the group has seen regarding documents detailing police use of the technology.
  • Paul Merrell on 25 Jun 14
     
    Unfortunately for the cops, stingrays also provide location information. See http://www.wired.com/2014/03/harris-stingray-nda/ That brings them directly within the scope of a ruling a few days ago by the Eleventh U.S. Circuit Court of Appeals (territory includer Florida) that law enforcement must obtain a warrant based on probable cause to believe that a crime has occurred in order to use a device that provides location data. http://www.ca11.uscourts.gov/opinions/ops/201212928.pdf
Paul Merrell

Is the Government's Aerial Smartphone Surveillance Program Legal? | TIME - 0 views

time.com/...government-aerial-surveillance

surveillance-state DoJ aerial-stingrays location-data

shared by Paul Merrell on 18 Nov 14 - No Cached
  • Still, is the Justice Department’s airborne dragnet program legal? The answer is “maybe.” Federal authorities have employed similar tools in the past. The Federal Bureau of Investigation is known to use a surveillance tool called a “stingray,” a portable transceiver that tricks cell phones within a certain area into relaying their locations, not unlike the equipment onboard the Marshals’ aircraft. A government vehicle with a stingray can net hundreds of nearby cell phones’ approximate locations just by driving through a typical neighborhood. The government has said it doesn’t need a probable cause warrant to use stingrays because investigators don’t collect the content of phone calls, just the locations of those phones. Government officials, meanwhile, have said they get court approval to use the devices. Much of the government’s warrantless use of stingray-style technology hinges on a 1979 Supreme Court decision titled Smith v. Maryland. Smith involved law enforcement’s use of a device called a pen register that, when attached to a suspect’s phone line, recorded the numbers of outgoing calls, but not the calls themselves. The Smith decision upheld the warrantless use of such devices because the suspect’s phone company would record the same data picked up by the pen register, and therefore the suspect had no reasonable expectation of privacy when it came to that information. Currently, the law requires a court to approve the use of a pen register, but investigators only have to show that the device’s use is “relevant to an ongoing criminal investigation,” a much weaker standard than a probable cause warrant requires.
  • However, to get back to the Smith decision, wireless carriers do store your location history for several months to several years, information they obtain by keeping a record of the cell towers to which your device connects as you move from place to place. That could mean Americans don’t have a reasonable expectation of privacy over their location data and the Smith precedent applies, making the DoJ’s aerial surveillance program legal. Still, that would be a matter for the courts to decide. “There are a lot of tricky questions whether a stingray or dirtbox operated by the government directly is a pen register, or the Fourth Amendment concerns dismissed by the Supreme Court 35 years ago in Smith v. Maryland are more applicable here,” Fakhoury said.
  • Hanni Fakhoury, an attorney at the pro-privacy Electronic Frontier Foundation, says the Department of Justice could use the Smith precedent as legal justification for the airborne dirtbox program. However, Fakhoury also highlighted a key problem with that argument: Location. Pen registers aren’t intended to pick up location data beyond an area code, whereas the airborne dirtboxes can track a person down to a single building. Many courts, he said, have expressed that location data deserves greater constitutional protection than is afforded to other kinds of information.
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  • Civil rights groups are raising serious constitutional questions about the Justice Department’s use of dragnet technology onboard aircraft to collect data from suspects’ cell phones, as reported by the Wall Street Journal Thursday.
  • The Justice Department said it could not confirm or deny the existence of the program. But a department official said that all federal investigations are consistent with federal law and are subject to court approval. That official also said the Marshals Service does not maintain any databases of cell phone information — meaning the program could possibly only be used to track the whereabouts of suspects on a case-by-case basis and that it’s vastly different in nature from the kinds of sweeping government surveillance programs first revealed by Edward Snowden.
  • Paul Merrell on 18 Nov 14
     
    Smith v. Maryland is a dead precedent for mass surveillance after the Supreme Court's ruling in Riley v. California. It awaits only the judicial coup de grace. 
Paul Merrell

New documents show how the NSA infers relationships based on mobile location data - 0 views

www.washingtonpost.com/...-based-on-mobile-location-data

surveillance state NSA NSA-targets location-data NSA-reords

shared by Paul Merrell on 12 Dec 13 - No Cached
  • Everyone who carries a cellphone generates a trail of electronic breadcrumbs that records everywhere they go. Those breadcrumbs reveal a wealth of information about who we are, where we live, who our friends are and much more. And as we reported last week, the National Security Agency is collecting location information in bulk — 5 billion records per day worldwide — and using sophisticated algorithms to assist with U.S. intelligence-gathering operations. How do they do it? And what can they learn from location data? The latest documents show the extent of the location-tracking program we first reported last week. Read on to learn more about what the documents show.
  • Paul Merrell on 12 Dec 13
     
    Very detailed report on NSA's gathering of location data and what they do with it. Includes many NSA docs as downloads.
Paul Merrell

The US government doesn't want you to know the cops are tracking you | Trevor Timm | Co... - 0 views

www.theguardian.com/...ng-calls-stingray-surveillance

surveillance state local-law-enforcement location-data stingrays

shared by Paul Merrell on 15 Jun 14 - No Cached
  • All across America, from Florida to Colorado and back again, the country's increasingly militarized local police forces are using a secretive technology to vacuum up cellphone data from entire neighborhoods – including from people inside their own homes – almost always without a warrant. This week, numerous investigations by major news agencies revealed the US government is now taking unbelievable measures to make sure you never find out about it. But a landmark court ruling for privacy could soon force the cops to stop, even as the Obama administration fights to keep its latest tool for mass surveillance a secret.So-called International Mobile Subscriber Identity (IMSI) catchers – more often called their popular brand name, "Stingray" – have long been the talk of the civil liberties crowd, for the indiscriminate and invasive way these roving devices conduct surveillance. Essentially, Stingrays act as fake cellphone towers (usually mounted in a mobile police truck) that police can point toward any given area and force every phone in the area to connect to it. So even if you're not making a call, police can find out who you've been calling, and for how long, as well as your precise location. As Nathan Freed Wessler of the ACLU explained on Thursday, "In one Florida case, a police officer explained in court that he 'quite literally stood in front of every door and window' with his stingray to track the phones inside a large apartment complex."
  • Yet these mass surveillance devices have largely stayed out of the public eye, thanks to the federal government and local police refusing to disclose they're using them in the first place – sometimes, shockingly, even to judges. As the Associated Press reported this week, the Obama administration has been telling local cops to keep information on Stingrays secret from members of the news media, even when it seems like local public records laws would mandate their disclosure. The AP noted:Federal involvement in local open records proceedings is unusual. It comes at a time when President Barack Obama has said he welcomes a debate on government surveillance and called for more transparency about spying in the wake of disclosures about classified federal surveillance programs.
  • Some of the government's tactics to hide Stingray from journalists and the public have been downright disturbing. After the ACLU had filed a records request for information on Stingrays, the local police force initially told them that, yes, they had the documents and to come on down to the station to look at them. But just before an ACLU rep was due to arrive, US Marshals seized the records and hid them away at another location, in what Wessler describes as "a blatant violation of state open-records laws".The federal government has used various other tactics around the country to prevent disclosure of similar information.USA Today also published a significant nationwide investigation about the Stingray problem, as well as what are known as "cellphone tower dumps". When police agencies don't have Stingrays at their disposal, they can go to cell phone providers to get the cellphone location information of everyone who has connected to a specific cell tower (which inevitably includes thousands of innocent people). The paper's John Kelly reported that one Colorado case shows cellphone tower dumps got police "'cellular telephone numbers, including the date, time and duration of any calls,' as well as numbers and location data for all phones that connected to the towers searched, whether calls were being made or not."
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  • You may be asking: how, exactly, are the local cops getting their hands on such advanced military technology? Well, the feds are, in many cases, giving away the technology for free. When the US government is not loaning police agencies their own Stingrays, the Defense Department and Homeland Security are giving federal grants to cops, which allow departments to purchase the gear at the cost of $400,000 a pop from defense contractors like Harris Corporation, which makes the Stingray brand.
  • It's scary enough to think that the NSA is collecting so much information, but this mass location and metadata tracking at the local level all may be about to change. This week, the ACLU won a historic victory in the 11th Circuit Court of Appeals (serving Florida, Alabama and Georgia), which ruled that police need to get a warrant from a judge before extracting from your cellphone the location data obtained by way of a cell tower. This ruling will apply whether cops are going after one person, the whole tower and, one can assume, Stingrays. (The case was also argued by the aforementioned Wessler, who clearly is this month’s civil liberties Most Valuable Player.)This case has huge implications, and not just for the Stingrays secretly being used in Florida. It virtually guarantees the US supreme court will soon have to tackle the larger cellphone location question in some form – and whether police across the country have to finally start getting a warrant to find out where your precise location for days or weeks at a time. But as Stanford law professor Jennifer Granick wrote on Friday, it could also have an impact on NSA spying, which relies on the theory that indiscriminately collecting metadata is fair game until a court says otherwise.
  • Like Stingrays, and the NSA's phone dragnet before them, the militarization of America's local cops is a phenomenon that's only now getting widespread attention. As journalist Radley Balko, who wrote a seminal book on the subject two years ago, said this week, the Obama administration could easily limit these tactics to "cases of legitimate national security" – but has clearly chosen not to.No matter how much President Obama talks about how he has "maintained a healthy skepticism toward our surveillance programs", it seems the Most Transparent Administration in American History™ remains much more interested in maintaining a healthy, top-secret surveillance state.
Paul Merrell

NSA says it considered collecting phone call location data - Los Angeles Times - 0 views

articles.latimes.com/...a-na-nsa-surveillance-20131003

surveillance state NSA Clapper Alexander Wyden location-data lies

shared by Paul Merrell on 14 Feb 14 - No Cached
  • The National Security Agency collected samples of records showing where Americans were when they made mobile phone calls in 2010 and 2011 to test how it could obtain and process the data in bulk, but decided not to move forward with the plan, intelligence officials disclosed Wednesday.The admission by NSA chief Keith Alexander to a Senate committee solved part of a mystery about the digital spying agency's involvement with data that could reveal the day-to-day movements of — and deeply personal information about — every cellphone user.
  • Sen. Ron Wyden (D-Ore.), who receives classified briefings as a member of the Senate Intelligence Committee, had been pressing the NSA to acknowledge its flirtation with bulk collection of U.S. location data. He said in a statement there was more to the story, but did not elaborate."After years of stonewalling on whether the government has ever tracked or planned to track the location of law-abiding Americans through their cellphones, once again, the intelligence leadership has decided to leave most of the real story secret — even when the truth would not compromise national security," Wyden said.
  • The NSA already vacuums up as much mobile phone location data on foreign targets outside the U.S. as it can get, former officials say.The news of the NSA's location data test emerged at a Senate Judiciary Committee hearing on agency surveillance as the director of national intelligence, James R. Clapper, offered a new rationale for the agency's controversial collection of U.S. calling records in bulk.
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  • "We have heard over and over again the assertion that 54 terrorist plots were thwarted by the use of Section 215 and/or Section 702 authorities," Leahy said, referring to parts of surveillance law. "That's plainly wrong, but we still get it in letters to members of Congress; we get it in statements. These weren't all plots, and they weren't all thwarted. The American people are getting left with an inaccurate impression of the effectiveness of NSA programs."Alexander acknowledged that only in two cases at most could officials say that domestic terrorist activity would not have been detected without the collection of American phone records.But Clapper added that determining "plots foiled" was not the only way to measure the usefulness of the domestic phone database. The records also allow analysts to rule out domestic conspiracies, he said."I would call it the 'peace of mind' metric," he said.
  • Paul Merrell on 14 Feb 14
     
    Alexander says they don't collect location-data on U.S. citizens, then Wyden all but calls him a liar.  And check Clapper's admission that NSA's call metadata program offers nothing but his own "peace of mind."
Gary Edwards

» EXCLUSIVE: Snowden Level Documents Reveal Stealth DHS Spy Grid Alex Jones' ... - 0 views

www.infowars.com/ts-reveal-stealth-dhs-spy-grid

NSA-Patriot-Act-NDAA Edward-Snowden DHS-Spying

shared by Gary Edwards on 12 Nov 13 - No Cached
  • “The NMS also collects information about every Wi‐Fi client accessing the network, including its MAC address, IP address, signal intensity, data rate and traffic status,” the document reads. “Additional NMS features include a fault management system for issuing alarms and logging events according to a set of customizable filtering rules, along with centralized and version‐controlled remote updating of the Aruba Mesh Operating System software.”
  • Gary Edwards on 12 Nov 13
     
    It just keeps getting better ............... excerpt: "The wireless mesh network, which allows for private communication between wireless devices including cell phones and laptops, was built by California-based Aruba Networks, a major provider of next-generation mobile network access solutions. Labeled by their intersection location such as "1st&University" and "2nd& Seneca," the multiple network devices are easily detected in Seattle's downtown area through a simple Wi-Fi enabled device, leading many residents to wonder if they are being detected in return. "How accurately can it geo-locate and track the movements of your phone, laptop, or any other wireless device by its MAC address? Can the network send that information to a database, allowing the SPD to reconstruct who was where at any given time, on any given day, without a warrant? Can the network see you now?" asked Seattle newspaper The Stranger. According to reports from Kiro 7 News, the mesh network devices can capture a mobile user's IP address, mobile device type, apps used, current location and even historical location down to the last 1,000 places visited. So far Seattle police have been tight-lipped about the network's roll-out, even denying that the system is operational. Several groups including the ACLU have submitted requests to learn the programs intended use, but days have turned to months as the mesh network continues its advancement. According to The Stranger's investigation, Seattle Police detective Monty Moss claims the department has no plans to use the mesh network for surveillance… unless given approval by city council. Despite a recently passed ordinance requiring all potential surveillance equipment to be given city council approval and public review within 30 days of its implementation, the network has remained shrouded in secrecy. Unknown to the public until now, information regarding the system has been hiding in plain view since last February at minimum. Diagr
Paul Merrell

The NSA says it 'obviously' can track locations without a warrant. That's not so obvious. - 0 views

www.washingtonpost.com/...a-warrant-thats-not-so-obvious

surveillance state NSA NSA-targets location-data constitutional law

shared by Paul Merrell on 05 Dec 13 - No Cached
  • In conversations with The Washington Post over Barton Gellman and Ashkan Soltani's recent story on cellphone location tracking, an intelligence agency lawyer told Gellman, "obviously there is no Fourth Amendment expectation in communications metadata.” But some experts say it's far from obvious that the 1979 Supreme Court case on which the administration bases this view gives the government unfettered power to scoop up Americans' cellphone location data.
  • And there's some reason to believe that a majority of the current Supreme Court justices might agree with her on the location data aspect of metadata. The most recent Supreme Court case involving location tracking, United States v. Jones was settled on narrow trespassing grounds in 2012. But five Supreme Court justices signed on to concurring opinions that questioned whether Smith v. Maryland holds up in the face of modern technology.  An opinion concurring in judgment with the Jones decision written by Justice Samuel Alito, and joined by Justices Ruth Bader Ginsburg, Stephen Breyer and Elena Kagan specifically noted the prevalence of smartphones and argued that "the use of longer term GPS monitoring in investigations of most offenses impinges on expectations of privacy."
  • A separate concurring opinion from a fifth justice, Sonia Sotomayor made many of the same arguments, saying "fundamentally, it may be necessary to reconsider the premise that an individual has no reasonable expectation of privacy in information voluntarily disclosed to third parties" -- and even went further by arguing that "awareness that the Government may be watching chills associational and expressive freedoms."
  • Paul Merrell on 05 Dec 13
     
    A Supreme Court majority also specifically reserved judgment on whether the principles of Smith v. Maryland would apply in cases involving dragnet surveillance, specifically referring to Smith, in the case of Amnesty International v. Clapper, last year. Both Amnesty Int'l  and Jones were decided before revelations of widespread NSA surveillance broke beginning in June, 2013. Since then, the mood of the nation has changed enormously, from ignorant to informed and mostly objecting.  That factor will weigh heavily in the Supreme Court's inevitable decision on whether dragnet seizure of call metadata is constitutional.   So it takes some chutzpah for government lawyers to claim that Smith v. Maryland authorized warrantless gathering of telephone metadata in the dragnet context where no single person is suspected of a crime. The Supreme Court has never so held. At stake: whether we become an Orwellian state.
Paul Merrell

Angry Birds and 'leaky' phone apps targeted by NSA and GCHQ for user data | World news ... - 0 views

www.theguardian.com/...-app-angry-birds-personal-data

surveillance state NSA mobile-app-data-intercept must-read NSA-targets

shared by Paul Merrell on 29 Jan 14 - No Cached
  • The National Security Agency and its UK counterpart GCHQ have been developing capabilities to take advantage of "leaky" smartphone apps, such as the wildly popular Angry Birds game, that transmit users' private information across the internet, according to top secret documents.The data pouring onto communication networks from the new generation of iPhone and Android apps ranges from phone model and screen size to personal details such as age, gender and location. Some apps, the documents state, can share users' most sensitive information such as sexual orientation – and one app recorded in the material even sends specific sexual preferences such as whether or not the user may be a swinger.Many smartphone owners will be unaware of the full extent this information is being shared across the internet, and even the most sophisticated would be unlikely to realise that all of it is available for the spy agencies to collect
  • Dozens of classified documents, provided to the Guardian by whistleblower Edward Snowden and reported in partnership with the New York Times and ProPublica, detail the NSA and GCHQ efforts to piggyback on this commercial data collection for their own purposes.Scooping up information the apps are sending about their users allows the agencies to collect large quantities of mobile phone data from their existing mass surveillance tools – such as cable taps, or from international mobile networks – rather than solely from hacking into individual mobile handsets. Exploiting phone information and location is a high-priority effort for the intelligence agencies, as terrorists and other intelligence targets make substantial use of phones in planning and carrying out their activities, for example by using phones as triggering devices in conflict zones. The NSA has cumulatively spent more than $1bn in its phone targeting efforts.The disclosures also reveal how much the shift towards smartphone browsing could benefit spy agencies' collection efforts.
  • Depending on what profile information a user had supplied, the documents suggested, the agency would be able to collect almost every key detail of a user's life: including home country, current location (through geolocation), age, gender, zip code, marital status – options included "single", "married", "divorced", "swinger" and more – income, ethnicity, sexual orientation, education level, and number of children.The agencies also made use of their mobile interception capabilities to collect location information in bulk, from Google and other mapping apps. One basic effort by GCHQ and the NSA was to build a database geolocating every mobile phone mast in the world – meaning that just by taking tower ID from a handset, location information could be gleaned.A more sophisticated effort, though, relied on intercepting Google Maps queries made on smartphones, and using them to collect large volumes of location information.So successful was this effort that one 2008 document noted that "[i]t effectively means that anyone using Google Maps on a smartphone is working in support of a GCHQ system."
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  • One slide from a May 2010 NSA presentation on getting data from smartphones – breathlessly titled "Golden Nugget!" – sets out the agency's "perfect scenario": "Target uploading photo to a social media site taken with a mobile device. What can we get?"The question is answered in the notes to the slide: from that event alone, the agency said it could obtain a "possible image", email selector, phone, buddy lists, and "a host of other social working data as well as location".
  • The latest disclosures could also add to mounting public concern about how the technology sector collects and uses information, especially for those outside the US, who enjoy fewer privacy protections than Americans. A January poll for the Washington Post showed 69% of US adults were already concerned about how tech companies such as Google used and stored their information.The documents do not make it clear how much of the information that can be taken from apps is routinely collected, stored or searched, nor how many users may be affected. The NSA says it does not target Americans and its capabilities are deployed only against "valid foreign intelligence targets".The documents do set out in great detail exactly how much information can be collected from widely popular apps. One document held on GCHQ's internal Wikipedia-style guide for staff details what can be collected from different apps. Though it uses Android apps for most of its examples, it suggests much of the same data could be taken from equivalent apps on iPhone or other platforms.The GCHQ documents set out examples of what information can be extracted from different ad platforms, using perhaps the most popular mobile phone game of all time, Angry Birds – which has reportedly been downloaded more than 1.7bn times – as a case study.
  • Other apps choose to transmit much more data, meaning the agency could potentially net far more. One mobile ad platform, Millennial Media, appeared to offer particularly rich information. Millennial Media's website states it has partnered with Rovio on a special edition of Angry Birds; with Farmville maker Zynga; with Call of Duty developer Activision, and many other major franchises.
  • Paul Merrell on 29 Jan 14
     
    Don't miss the linked companion articles at New York Times and ProPublica. 
Paul Merrell

Cover Story: How NSA Spied on Merkel Cell Phone from Berlin Embassy - SPIEGEL ONLINE - 0 views

www.spiegel.de/...m-berlin-embassy-a-930205.html

surveillance state NSA Obama Merkel U.S. Germany U.S. foreign policy NSA-blowback must-read lies

shared by Paul Merrell on 29 Oct 13 - No Cached
  • According to SPIEGEL research, United States intelligence agencies have not only targeted Chancellor Angela Merkel's cellphone, but they have also used the American Embassy in Berlin as a listening station. The revelations now pose a serious threat to German-American relations.
  • Research by SPIEGEL reporters in Berlin and Washington, talks with intelligence officials and the evaluation of internal documents of the US' National Security Agency and other information, most of which comes from the archive of former NSA contractor Edward Snowden, lead to the conclusion that the US diplomatic mission in the German capital has not merely been promoting German-American friendship. On the contrary, it is a nest of espionage. From the roof of the embassy, a special unit of the CIA and NSA can apparently monitor a large part of cellphone communication in the government quarter. And there is evidence that agents based at Pariser Platz recently targeted the cellphone that Merkel uses the most. The NSA spying scandal has thus reached a new level, becoming a serious threat to the trans-Atlantic partnership. The mere suspicion that one of Merkel's cellphones was being monitored by the NSA has led in the past week to serious tensions between Berlin and Washington.
  • A "top secret" classified NSA document from the year 2010 shows that a unit known as the "Special Collection Service" (SCS) is operational in Berlin, among other locations. It is an elite corps run in concert by the US intelligence agencies NSA and CIA. The secret list reveals that its agents are active worldwide in around 80 locations, 19 of which are in Europe -- cities such as Paris, Madrid, Rome, Prague and Geneva. The SCS maintains two bases in Germany, one in Berlin and another in Frankfurt. That alone is unusual. But in addition, both German bases are equipped at the highest level and staffed with active personnel. The SCS teams predominantly work undercover in shielded areas of the American Embassy and Consulate, where they are officially accredited as diplomats and as such enjoy special privileges. Under diplomatic protection, they are able to look and listen unhindered. They just can't get caught.
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  • This would correspond to internal NSA documents seen by SPIEGEL. They show, for example, an SCS office in another US embassy -- a small windowless room full of cables with a work station of "signal processing racks" containing dozens of plug-in units for "signal analysis." On Friday, author and NSA expert James Bamford also visited SPIEGEL's Berlin bureau, which is located on Pariser Platz diagonally opposite the US Embassy. "To me, it looks like NSA eavesdropping equipment is hidden behind there," he said. "The covering seems to be made of the same material that the agency uses to shield larger systems." The Berlin-based security expert Andy Müller Maguhn was also consulted. "The location is ideal for intercepting mobile communications in Berlin's government district," he says, "be it technical surveillance of communication between cellphones and wireless cell towers or radio links that connect radio towers to the network."
  • Wiretapping from an embassy is illegal in nearly every country. But that is precisely the task of the SCS, as is evidenced by another secret document. According to the document, the SCS operates its own sophisticated listening devices with which they can intercept virtually every popular method of communication: cellular signals, wireless networks and satellite communication. The necessary equipment is usually installed on the upper floors of the embassy buildings or on rooftops where the technology is covered with screens or Potemkin-like structures that protect it from prying eyes. That is apparently the case in Berlin, as well. SPIEGEL asked British investigative journalist Duncan Campbell to appraise the setup at the embassy. In 1976, Campbell uncovered the existence of the British intelligence service GCHQ. In his so-called "Echelon Report" in 1999, he described for the European Parliament the existence of the global surveillance network of the same name.
  • Campbell refers to window-like indentations on the roof of the US Embassy. They are not glazed but rather veneered with "dielectric" material and are painted to blend into the surrounding masonry. This material is permeable even by weak radio signals. The interception technology is located behind these radio-transparent screens, says Campbell. The offices of SCS agents would most likely be located in the same windowless attic.
  • Apparently, SCS agents use the same technology all over the world. They can intercept cellphone signals while simultaneously locating people of interest. One antenna system used by the SCS is known by the affable code name "Einstein." When contacted by SPIEGEL, the NSA declined to comment on the matter. The SCS are careful to hide their technology, especially the large antennas on the roofs of embassies and consulates. If the equipment is discovered, explains a "top secret" set of classified internal guidelines, it "would cause serious harm to relations between the United States and a foreign government." According to the documents, SCS units can also intercept microwave and millimeter-wave signals. Some programs, such as one entitled "Birdwatcher," deal primarily with encrypted communications in foreign countries and the search for potential access points. Birdwatcher is controlled directly from SCS headquarters in Maryland.
  • With the growing importance of the Internet, the work of the SCS has changed. Some 80 branches offer "thousands of opportunities on the net" for web-based operations, according to an internal presentation. The organization is now able not only to intercept cellphone calls and satellite communication, but also to proceed against criminals or hackers. From some embassies, the Americans have planted sensors in communications equipment of the respective host countries that are triggered by selected terms.
  • Paul Merrell on 29 Oct 13
     
    A must-read article offering an in-depth, 3-page view of how badly the Snowden disclosures have poisoned trust between the U.S. and its NATO allies that are not favored members of the Five Eyes club. Details of NSA's surveillance operations in Germany and strong circumstantial evidence that Obama knew -- as recently as June 2013 -- of spy operations being conducted against hundreds of world leaders but denied it.  
Paul Merrell

How Americans Were Deceived About Cell-Phone Location Data - Conor Friedersdorf - The A... - 0 views

www.theatlantic.com/...282239

surveillance state NSA Obama-administration lies location-data

shared by Paul Merrell on 13 Dec 13 - No Cached
  • Put simply, everyone who feared that the NSA collects location data on Americans was correct. But they didn't learn that back when they expressed those fears.  Quite the contrary. On multiple occasions, Obama Administration officials spoke about the collection of cell-phone location data in ways that were often technically accurate but wildly deceptive. In so doing, they succeeded in confusing the surveillance debate and creating the inaccurate impression that location data wasn't being collected. This is a review of their deceptions. 
  • Obama Administration officials carried out all this deception even though they knew that Snowden's cache would likely reveal the truth about the collection of location data. Sure enough, the truth came out a few months later, but it wouldn't be correct to suggest that their efforts had no consequences. Their behavior on this matter perfectly illustrates why neither the press nor the public should ever take anything a surveillance-state official says at face value. Even if they usually (though not always) say things that are technically true, they are also masters of deception, willing to egregiously mislead with their rhetoric if doing so will help them maintain maximum secrecy a bit longer. 
Paul Merrell

FBI demands new powers to hack into computers and carry out surveillance | US news | Th... - 0 views

www.theguardian.com/...hacking-computers-surveillance

surveillance state FBI Fed.R.Crim.P.-41 roving-warrants

shared by Paul Merrell on 01 Nov 14 - No Cached
  • The FBI is attempting to persuade an obscure regulatory body in Washington to change its rules of engagement in order to seize significant new powers to hack into and carry out surveillance of computers throughout the US and around the world. Civil liberties groups warn that the proposed rule change amounts to a power grab by the agency that would ride roughshod over strict limits to searches and seizures laid out under the fourth amendment of the US constitution, as well as violate first amendment privacy rights. They have protested that the FBI is seeking to transform its cyber capabilities with minimal public debate and with no congressional oversight. The regulatory body to which the Department of Justice has applied to make the rule change, the advisory committee on criminal rules, will meet for the first time on November 5 to discuss the issue. The panel will be addressed by a slew of technology experts and privacy advocates concerned about the possible ramifications were the proposals allowed to go into effect next year.
  • “This is a giant step forward for the FBI’s operational capabilities, without any consideration of the policy implications. To be seeking these powers at a time of heightened international concern about US surveillance is an especially brazen and potentially dangerous move,” said Ahmed Ghappour, an expert in computer law at University of California, Hastings college of the law, who will be addressing next week’s hearing. The proposed operating changes related to rule 41 of the federal rules of criminal procedure, the terms under which the FBI is allowed to conduct searches under court-approved warrants. Under existing wording, warrants have to be highly focused on specific locations where suspected criminal activity is occurring and approved by judges located in that same district. But under the proposed amendment, a judge can issue a warrant that would allow the FBI to hack into any computer, no matter where it is located. The change is designed specifically to help federal investigators carry out surveillance on computers that have been “anonymized” – that is, their location has been hidden using tools such as Tor.
  • Were the amendment to be granted by the regulatory committee, the FBI would have the green light to unleash its capabilities – known as “network investigative techniques” – on computers across America and beyond. The techniques involve clandestinely installing malicious software, or malware, onto a computer that in turn allows federal agents effectively to control the machine, downloading all its digital contents, switching its camera or microphone on or off, and even taking over other computers in its network.
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  • Civil liberties and privacy groups are particularly alarmed that the FBI is seeking such a huge step up in its capabilities through such an apparently backdoor route. Soghoian said of next week’s meeting: “This should not be the first public forum for discussion of an issue of this magnitude.” Jennifer Granick, director of civil liberties at the Stanford center for internet and society, said that “this is an investigative technique that we haven’t seen before and we haven’t thrashed out the implications. It absolutely should not be done through a rule change – it has to be fully debated publicly, and Congress must be involved.” Ghappour has also highlighted the potential fall-out internationally were the amendment to be approved. Under current rules, there are no fourth amendment restrictions to US government surveillance activities in other countries as the US constitution only applies to domestic territory.
  • Another insight into the expansive thrust of US government thinking in terms of its cyber ambitions was gleaned recently in the prosecution of Ross Ulbricht, the alleged founder of the billion-dollar drug site the Silk Road. Experts suspect that the FBI hacked into the Silk Road server, that was located in Reykjavik, Iceland, though the agency denies that. In recent legal argument, US prosecutors claimed that even if they had hacked into the server without a warrant, it would have been justified as “a search of foreign property known to contain criminal evidence, for which a warrant was not necessary”.
  • Paul Merrell on 01 Nov 14
     
    This rule change has been in the works during the last year.  "The change is designed specifically to help federal investigators carry out surveillance on computers that have been "anonymized" - that is, their location has been hidden using tools such as Tor."  Are we dizzy yet? The State Department is pushing the use of TOR by dissidents in nations whose governments State and the CIA intends to overthrow. Meanwhile, Feed Bag, Inc. wants use of TOR to be sufficient grounds for installing malware on anyone using it to make their systems and all their systems can see or hear be an open book. Let's see. There's the First Amendment right to anonymous speech just to begin with. McIntyre v. Ohio Elections Comm'n, 514 US 334 (1995). ("Under our Constitution, anonymous pamphleteering is not a pernicious, fraudulent practice, but an honorable tradition of advocacy and of dissent. Anonymity is a shield from the tyranny of the majority. It thus exemplifies the purpose behind the Bill of Rights, and of the First Amendment in particular: to protect unpopular individuals from retaliation-and their ideas from suppression-at the hand of an intolerant society. The right to remain anonymous may be abused when it shields fraudulent conduct. But political speech by its nature will sometimes have unpalatable consequences, and, in general, our society accords greater weight to the value of free speech than to the dangers of its misuse.") (Internal citation omitted.) And of course there's the Natural Law liberty to whisper, to utter words in a way that none but the intended recipient can hear. So throw on the violation of the Fifth Amendment's Liberty clause. Then there's the plain language of the Fourth Amendment warrant clause, "particularly describing the *place* to be searched." Not to mention the major reason for the Fourth Amendment, to abolish the "general warrant" that had enabled the Crown to search wherever the warrant's executor's little heart desired.  And th
Paul Merrell

Australia's criminlisation of dissent: anti-protest law is an ominous sign of the times... - 0 views

nsnbc.me/...protest-law-ominous-sign-times

liberties Australia Tasmania anti-protest-law

shared by Paul Merrell on 30 Nov 14 - No Cached
  • Australia’s criminlisation of dissent: anti-protest law is an ominous sign of the times Share This Tags AustraliaTasmania Brendan Gogarty (TC) : The Workplaces (Protection from Protesters) Bill – locally known as the “anti-protest” bill – was passed by Tasmanian parliament late on Tuesday night. The law was introduced as part of the government’s intention to “re-build Tasmania’s forestry industry”. That is a source of controversy and division in Tasmanian society. To achieve its aim, the government has committed itself to a wide legislative agenda. This includes: amending the uniform Defamation Act 2005 to allow large companies to sue protesters; defunding community and conservation organisations; and tearing up a “peace deal” between foresters and conservationists, which had been enacted into law before the 2014 election.
  • Recognising the potential return to hostilities, the government said it would “not try and appease” protesters, but would rather “toughen the law to deter them”. The anti-protest law is its chosen mechanism of deterrence. While such hard-line policies on political opposition are not new, the severity and breadth of the law to enforce such a policy arguably is. The shift from hard-line policy to hard-line law is worrisome in a constitutional democracy. The spread of state anti-bikie laws in Australia illustrates why this law is not just of concern for Tasmanians.
  • The new law covers all acts on, or acts inhibiting access to, a business premises (all public and private land, including forestry and mining lands) which are: … in furtherance of, or for the purposes of promoting awareness of or support for an opinion, or belief, in respect of a political, environmental, social, cultural or economic issue. Any such protest is subject to significant penalties if they interrupt “business activity”. While originally such sanctions were mandatory, the government agreed in the upper house to exchange these for discretionary penalties. However, the government agreed to this only on condition that the subsequent maximum penalties would be significantly increased. This was to “send a strong message” to protesters and the courts charged with punishing them. As a consequence, protesters who repeatedly interrupt business face fines of up to A$10,000 and four years in jail.
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  • From its inception, the law has been criticised by domestic and international lawyers. Three United Nations human rights rapporteurs considered the bill to breach international law, one describing it as “shocking”. They considered the legislation, as originally envisioned, to be: … disproportionate and unnecessary [creating a] chilling effect of silencing dissenters … [who are] key to raising awareness about human rights, political, [and] social concerns … holding not just governments, but also corporations accountable. A wide range of legal professionals have voiced similar criticisms. While the removal of mandatory penalties alleviated some concerns, the larger concern about a law designed solely to punish people for protesting against controversial business activities – especially publicly supported and funded ones – remains.
  • Paul Merrell on 30 Nov 14
     
    Australia has neither constitution nor Bill of Rights. It shows.
Gary Edwards

Major Banksters, Governmental Officials and Their Comrade Capitalists Targets of Spire ... - 0 views

www.marketwatch.com/...ted-states-treasury-2012-10-25

Banksters Federal-Reserve-Bankster-Cartel

shared by Gary Edwards on 02 Nov 12 - No Cached
  • Gary Edwards on 02 Nov 12
     
    "NEW YORK, Oct. 25, 2012 /PRNewswire via COMTEX/ -- Spire Law Group, LLP's national home owners' lawsuit, pending in the venue where the "Banksters" control their $43 trillion racketeering scheme (New York) - known as the largest money laundering and racketeering lawsuit in United States History and identifying $43 trillion ($43,000,000,000,000.00) of laundered money by the "Banksters" and their U.S. racketeering partners and joint venturers - now pinpoints the identities of the key racketeering partners of the "Banksters" located in the highest offices of government and acting for their own self-interests. In connection with the federal lawsuit now impending in the United States District Court in Brooklyn, New York (Case No. 12-cv-04269-JBW-RML) - involving, among other things, a request that the District Court enjoin all mortgage foreclosures by the Banksters nationwide, unless and until the entire $43 trillion is repaid to a court-appointed receiver - Plaintiffs now establish the location of the $43 trillion ($43,000,000,000,000.00) of laundered money in a racketeering enterprise participated in by the following individuals (without limitation): Attorney General Holder acting in his individual capacity, Assistant Attorney General Tony West, the brother in law of Defendant California Attorney General Kamala Harris (both acting in their individual capacities), Jon Corzine (former New Jersey Governor), Robert Rubin (former Treasury Secretary and Bankster), Timothy Geitner, Treasury Secretary (acting in his individual capacity), Vikram Pandit (recently resigned and disgraced Chairman of the Board of Citigroup), Valerie Jarrett (a Senior White House Advisor), Anita Dunn (a former "communications director" for the Obama Administration), Robert Bauer (husband of Anita Dunn and Chief Legal Counsel for the Obama Re-election Campaign), as well as the "Banksters" themselves, and their affiliates and conduits. The lawsuit alleges serial violations of the United States Patri
  • Gary Edwards on 02 Nov 12
     
    This is the first time anyone has tried to go after the Bankster class of midievil (mediæval) elites to recover theft of funds. Charges include racketeering, fraud and international money laundering. The mass tort action is now in the Brooklyn Federal Courts. Dead bodies are starting to show up as the Banksters move to shut down press coverage. Amazing stuff.
Paul Merrell

Lawsuit aims to block U.S. foreign aid to Israel as clandestine nuclear power - Mondoweiss - 0 views

mondoweiss.net/...lawsuit-clandestine-nuclear

war & peace nukes Israel litigation

shared by Paul Merrell on 11 Aug 16 - No Cached
  •       A lawsuit filed Monday in the D.C. federal district court challenges U.S. foreign aid to Israel. 
  • The U.S. is finalizing a ten-year memorandum of understanding which will reportedly boost aid to $4-5 billion per year. Grant F. Smith, Director of the Institute for Research: Middle Eastern Policy (IRmep), in the suit challenges the authority of the president and U.S. federal agencies to deliver such foreign aid to Israel. Such aid violates longstanding bans on aid to non-signatories to the Nuclear Non-proliferation Treaty (NPT) with nuclear weapons programs. Since the bans went into effect, U.S. foreign aid to Israel is estimated to be $234 billion.
  • The lawsuit reveals how in the mid-1970s during investigations into the illegal diversion of weapons-grade uranium from U.S. contractor NUMEC to Israel, Senators Stuart Symington and John Glenn amended the 1961 Foreign Assistance Act to ban any aid to clandestine nuclear powers that were not NPT signatories. Symington clarified the legislative intent of the amendments: “…if you wish to take the dangerous and costly steps necessary to achieve a nuclear weapons option, you cannot expect the United States to help underwrite that effort indirectly or directly.” The Obama administration follows precedents established since the Ford administration by ignoring internal agency and public domain information that should trigger Symington & Glenn cutoffs and waiver provisions governing foreign aid. The administration has gone further in criminalizing the flow of such information from the federal government to the public. In 2012 the Department of Energy under U.S. State Department authority passed a secret gag law called “Guidance on Release of Information relating to the Potential for an Israeli Nuclear Capability.” The gag law and related measures promote a “nuclear ambiguity” policy toward Israel. The primary purpose of the gag law is to unlawfully subvert Symington & Glenn arms export controls, the suit alleges.
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  • IRmep won unprecedented release of a Pentagon report about Israel’s nuclear weapons program through a 2014 lawsuit. A 2015 IRmep lawsuit dislodged CIA files about the NUMEC diversion.
Paul Merrell

DOJ Seeks Removal Of Restrictions On Computer Search Warrants - 0 views

www.mintpressnews.com/...190535

surveillance state digital-privacy remote-computer-search 4th Amendment

shared by Paul Merrell on 13 May 14 - No Cached
  • The Justice Department recently submitted proposed new rules on the procedures and practices of the department’s agencies and bureaus. Among the suggested changes is a modification of the Federal Rules of Criminal Procedure Rule 41(b), which empowers a federal court to issue a warrant allowing the federal government to conduct a search of a computer or computer network involved in a criminal investigation. Under current regulations, a warrant issued by a federal court is only valid in that court’s district. As there are 94 federal judicial districts, investigating a widespread attack may require either petitioning dozens of district courts or acting extrajudicially by not seeking a warrant. An extrajudicial investigation, however, cannot be used if criminal convictions are sought, as evidence gathered in this manner is not typically admissible in court. The Justice Department is seeking to make remote access warrants to search, seize and copy electronic information valid for all federal districts.
  • The Justice Department argues that due to the sophistication of cyber-criminals, an offending computer or computer cluster can sit in a district separate from the district where the hackers that infected the target computer anonymously are and separate from the investigators’ district. “Criminals are using multiple computers in many districts simultaneously as part of complex criminal schemes, and effectively investigating and disrupting these schemes often requires remote access to Internet-connected computers in many different districts,” wrote then-acting Assistant Attorney General Mythili Raman in a September letter to the Advisory Committee on the Criminal Rules. “Botnets are a significant threat to the public: they are used to conduct large-scale denial of service attacks, steal personal and financial data, and distribute malware designed to invade the privacy of users of the host computers,” Raman continued. In the letter, Raman cited an investigation of a child porn site that uses The Onion Router Network, or Tor, to anonymize its traffic. The Justice Department argues that it knows the site’s hosting server location, but without a warrant local to the server, the department is prevented from retrieving the server’s user records — including IP and MAC addresses. In most cases, however, law enforcement do not know the physical location of the site’s server, making it impossible to request a specific warrant.
  • In these cases, the Justice Department could request a blanket warrant. This would allow the department to set up a “zero-day” attack on the server — an attack exploiting a manufacturer-unknown or -permitted security flaw, allowing access to the system’s operating software. However, a Texas judge denied the FBI access to such a warrant, saying the Justice Department’s use of “zero-day” attacks in its investigation exposes the public and the target to unknown risks. One typical type of a “zero-day” attack is an infected email that could affect a large number of innocent people if the target used a public computer to access his email. The FBI planned to install a Remote Administration Tool, or RAT, which would distribute such emails in a partially-targeted spam mail distribution. Last year, Federal Magistrate Judge Stephen Smith of the Houston Division of the Southern District of Texas ruled that this was a gross overreach of investigatory intrusion, blocking the plan temporarily. A “zero-day” attack has the potential to activate and control the targeted computer’s peripherals, such as webcams and microphones.
  • ...2 more annotations...
  • Following this ruling, based on the assumptions that federal law enforcement fundamentally act in good faith and that there may be a legitimate need for remote exploitation of computer data, the Justice Department sought to introduce changes to the rules that would overcome Smith’s objections. The proposed change to Rule 41(b) would allow magistrate judges “… to issue a warrant to use remote access to search electronic storage media and to seize electronically stored information located within or outside that district.” The Justice Department has indicated that it wants warrants permitting multiple computers to be searched at the same time, as well as permission to search all of the email and social media accounts accessible from a single computer. Such access would constitute a violation of the Electronic Communications Privacy Act, as the government, under the act, must make demonstrate probable cause to each targeted service provider and obtain and serve a warrant for each service provider. A warrant to search every account active on a computer would be actively bypassing the act’s numerous safeguards.
  • Privacy advocates fear that this rule change would allow prosecutors and the Justice Department to seek out magistrates likely to give them their requested warrants, creating a situation in which the federal government could have a “warrant shop” with just one judge for the whole of the nation. In light of allegations of federal government over-policing — including revelations of aggressive domestic and international electronic spying by the FBI and the National Security Agency — many advocates argue that an examination of the federal government’s commitment to the Fourth Amendment is needed. “The proposed amendment would significantly expand the government’s authority to conduct remote searches of electronic storage media,” the American Civil Liberties Union wrote in a memorandum early last month. “It would also expand the government’s power to engage in computer hacking in the course of criminal investigations, including through the use of malware and other techniques that pose a risk to internet security and that raise Fourth Amendment and policy concerns. “In light of these concerns, the ACLU recommends that the Advisory Committee exercise extreme caution before granting the government new authority to remotely search individuals’ electronic data.” The rules are scheduled to be discussed at the meeting of the Judiciary’s Committee on Rules of Practice and Procedure later this month.
  • Paul Merrell on 13 May 14
     
    The proposed rule change is at pp. 499-501 here. http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/Agenda%20Books/Standing/ST2014-05.pdf#page499 (very large PDF).  This is not just about the government being granted permission to exploit vulnerabilities unknown to the computer owner; the issue arose in a case where the government sought judicial permission to implant a Trojan Horse in a suspect's computer. Moreover, the proposed rule goes far beyond the confines of that case, purporting to authorize the government to skip merrily along searching computers not specified in the warrant, along the purported botnet. To put the icing on the cake, the government wants to be relieved from the requirement that they apply for a warrant in the district in which the computer to be searched is located. ("Oh, Goody! Let's start shopping around for the judges we like instead of the ones we are now required to persuade. What? The Mississippi judge refused to sign the warrant? Oh well, let's try it with that other judge we like, the one in Gnome, Alaska.") In other words, what the government seeks is authority for "general warrants," the very evil that the 4th Amendment was designed to outlaw. Even more outrageously, the proposed rule provides in part: "For a warrant to use remote access to search electronic storage media and seize or copy electronically stored information, the officer must make reasonable efforts to serve a copy of the warrant on the person whose property *was* searched or whose information *was* seized or copied. Service may be accomplished by any means, including electronic means, reasonably calculated to reach that person." Not the use of the past tense "was." So after they have drained your computer of all its data, they may permissibly install a batch file that will display a copy of the warrant on your monitor the next time you boot your computer. With a big red lipstick imprint of a kiss imprinted in the warrant's bottom margin, no doubt
  • Paul Merrell on 13 May 14
     
    The proposed rule change is at pp. 499-501 here. http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/Agenda%20Books/Standing/ST2014-05.pdf#page499 (very large PDF).  This is not just about the government being granted permission to exploit vulnerabilities unknown to the computer owner; the issue arose in a case where the government sought judicial permission to implant a Trojan Horse in a suspect's computer. Moreover, the proposed rule goes far beyond the confines of that case, purporting to authorize the government to skip merrily along searching computers not specified in the warrant, along the purported botnet. To put the icing on the cake, the government wants to be relieved from the requirement that they apply for a warrant in the district in which the computer to be searched is located. In other words, what the government seeks is authority for "general warrants," the very evil that the 4th Amendment was designed to outlaw. Even more outrageously, the proposed rule provides in part: "For a warrant to use remote access to search electronic storage media and seize or copy electronically stored information, the officer must make reasonable efforts to serve a copy of the warrant on the person whose property *was* searched or whose information *was* seized or copied. Service may be accomplished by any means, including electronic means, reasonably calculated to reach that person." Not the use of the past tense "was." So after they have drained your computer of all its data, they may permissibly install a batch file that will display a copy of the warrant on your monitor the next time you boot your computer. With a big red lipstick imprint of a kiss imprinted at the bottom.  To be continued after this is intially posted to Diigo so the content isn't cut off.   
Paul Merrell

Civil liberties group sues Canada over spying - The China Post - 0 views

www.chinapost.com.tw/...Civil-liberties.htm

surveillance state CSEC location-data

shared by Paul Merrell on 25 Oct 13 - No Cached
  • A Canadian civil liberties group on Tuesday sued the government's electronic eavesdropping agency, claiming that its “broad and unchecked” surveillance is unconstitutional and an illegal invasion of privacy. The British Columbia Civil Liberties Association (BCCLA) alleges that the Communications Security Establishment Canada's (CSEC) interception of Canadians' private communications and sweeping collection of metadata are unconstitutional. These activities, it said in a statement, amount to unreasonable search and seizure, and infringe on free expression — as people who feel they are being watched may not speak freely. Furthermore, in its lawsuit filed in the British Columbia Supreme Court the group demands that the agency obtain warrants from a judge for individual operations, rather than simply a nod from the minister of defense.
  • The BCCLA said metadata collected by the CSEC is automatically produced each time a Canadian uses a mobile phone or accesses the Internet. It includes the exact geographic location of the mobile phone user, records of phone calls and Internet browsing, and according to the BCCLA, can reveal “the most intimate details of Canadians' personal lives, including relationships, and political and personal beliefs.”
  • Paul Merrell on 25 Oct 13
     
    Note that the metadata gathered from mobile device communications allegedly includes location data for each call. I don't recall a disclosure that the NSA gets location data but if the Canooks are getting it, you can safely bet that NSA does too.
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