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Paul Merrell

The DEA isn't just tracking license plates - it's taking pictures of vehicles' passenge... - 0 views

  • The Drug Enforcement Administration is collecting information about more than just license plates with the tracking system revealed by the American Civil Liberties Union. Documents released by the ACLU this morning show that the DEA is also using the license plate readers (LPRs) on which this system relies to capture photographs of a vehicles’ passengers. The images can then be run through facial recognition software. This is meant to give the DEA more context about the people whose movements it’s tracking with this program, which gathers data from more than 100 LPRs managed by an unknown number of police departments around the country to aid in their investigations. The program was originally meant to assist with civil asset forfeiture cases, but it has since expanded to assist departments approved by the El Paso Intelligence Center with investigations into murders, rapes, and other crimes, the Wall Street Journal reports.
  • Previous reports indicated that the DEA was collecting license plate information about “millions” of Americans. That figure might be low if it didn’t account for the number of plates collected versus the number of people in a vehicle when these images are taken. Either way, this program represents a clear violation of privacy for many Americans, most of whom didn’t know the DEA could collect this information. As I wrote before: The result is a national surveillance program with an unknown number of contributors offering up location data about millions of Americans; all to a database used by an untold number of police departments without any public oversight regarding their searches.
  • That’s a problem. Backchannel reported in December that police have used their access to license plate readers to stalk former colleagues, and IB Times revealed earlier this month that Gov. Chris Christie (R-NJ) used location data to smear a political rival. Perhaps the DEA will support the program by claiming that learning who is in a vehicle isn’t much different from learning where the vehicle was going — it could all be considered metadata, and the government considers that information to be fair game.
Paul Merrell

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

  • 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.
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    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

FBI says search warrants not needed to use "stingrays" in public places | Ars Technica - 0 views

  • The Federal Bureau of Investigation is taking the position that court warrants are not required when deploying cell-site simulators in public places. Nicknamed "stingrays," the devices are decoy cell towers that capture locations and identities of mobile phone users and can intercept calls and texts. The FBI made its position known during private briefings with staff members of Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) and Sen. Chuck Grassley (R-Iowa). In response, the two lawmakers wrote Attorney General Eric Holder and Homeland Security chief Jeh Johnson, maintaining they were "concerned about whether the FBI and other law enforcement agencies have adequately considered the privacy interests" of Americans. According to the letter, which was released last week: For example, we understand that the FBI’s new policy requires FBI agents to obtain a search warrant whenever a cell-site simulator is used as part of a FBI investigation or operation, unless one of several exceptions apply, including (among others): (1) cases that pose an imminent danger to public safety, (2) cases that involve a fugitive, or (3) cases in which the technology is used in public places or other locations at which the FBI deems there is no reasonable expectation of privacy.
  • The letter was prompted in part by a Wall Street Journal report in November that said the Justice Department was deploying small airplanes equipped with cell-site simulators that enabled "investigators to scoop data from tens of thousands of cellphones in a single flight, collecting their identifying information and general location." The bureau's position on Americans' privacy isn't surprising. The Obama Administration has repeatedly maintained that the public has no privacy in public places. It began making that argument as early as 2010, when it told a federal appeals court that the authorities should be allowed to affix GPS devices on vehicles and track a suspect's every move without court authorization. The Supreme Court, however, eventually ruled that warrants are required. What's more, the administration has argued that placing a webcam with pan-and-zoom capabilities on a utility pole to spy on a suspect at his or her residence was no different from a police officer's observation from the public right-of-way. A federal judge last month disagreed with the government's position, tossing evidence gathered by the webcam that was operated from afar.
  • In their letter, Leahy and Grassley complained that little is known about how stingrays, also known as ISMI catchers, are used by law enforcement agencies. The Harris Corp., a maker of the devices from Florida, includes non-disclosure clauses with buyers. Baltimore authorities cited a non-disclosure agreement to a judge in November as their grounds for refusing to say how they tracked a suspect's mobile phone. They eventually dropped charges rather than disclose their techniques. Further, sometimes the authorities simply lie to judges about their use or undertake other underhanded methods to prevent the public from knowing that the cell-site simulators are being used.
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  • Hanni Fakhoury, an attorney for the Electronic Frontier Foundation, said some states and judges are pushing back against stingrays. "In Tacoma, judges now require police (to) specifically note they plan to use an IMSI catcher and promise not to store data collected from people who are not investigation targets," he said. "The Florida and Massachusetts state supreme courts ruled warrants were necessary for real-time cell phone tracking. Nine states—Colorado, Illinois, Indiana, Maryland, Minnesota, Tennessee, Utah, Virginia, and Wisconsin—passed laws specifically requiring police to use a warrant to track a cell phone in real time."
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    Is there any problem here that couldn't be cured by discharge and public flogging for any government official caught using information derived from a stingray?
Paul Merrell

ICE has struck a deal to track license plates across the US - The Verge - 0 views

  • The Immigration and Customs Enforcement (ICE) agency has officially gained agency-wide access to a nationwide license plate recognition database, according to a contract finalized earlier this month. The system gives the agency access to billions of license plate records and new powers of real-time location tracking, raising significant concerns from civil libertarians. The source of the data is not named in the contract, but an ICE representative said the data came from Vigilant Solutions, the leading network for license plate recognition data. “Like most other law enforcement agencies, ICE uses information obtained from license plate readers as one tool in support of its investigations,” spokesperson Dani Bennett said in a statement. “ICE is not seeking to build a license plate reader database, and will not collect nor contribute any data to a national public or private database through this contract.”
  • While it collects few photos itself, Vigilant Solutions has amassed a database of more than 2 billion license plate photos by ingesting data from partners like vehicle repossession agencies and other private groups. Vigilant also partners with local law enforcement agencies, often collecting even more data from camera-equipped police cars. The result is a massive vehicle-tracking network generating as many as 100 million sightings per month, each tagged with a date, time, and GPS coordinates of the sighting.
  • ICE agents would be able to query that database in two ways. A historical search would turn up every place a given license plate has been spotted in the last five years, a detailed record of the target’s movements. That data could be used to find a given subject’s residence or even identify associates if a given car is regularly spotted in a specific parking lot. “Knowing the previous locations of a vehicle can help determine the whereabouts of subjects of criminal investigations or priority aliens to facilitate their interdiction and removal,” an official privacy assessment explains. “In some cases, when other leads have gone cold, the availability of commercial LPR data may be the only viable way to find a subject.” ICE agents can also receive instantaneous email alerts whenever a new record of a particular plate is found — a system known internally as a “hot list.” (The same alerts can also be funneled to the Vigilant’s iOS app.) According to the privacy assessment, as many as 2,500 license plates could be uploaded to the hot list in a single batch, although the assessment does not detail how often new batches can be added. With sightings flooding in from police dashcams and stationary readers on bridges and toll booths, it would be hard for anyone on the list to stay unnoticed for long. Those powers are particularly troubling given ICE’s recent move to expand deportations beyond criminal offenders, fueling concerns of politically motivated enforcement. In California, state officials have braced for rumored deportation sweeps targeted at sanctuary cities. In New York, community leaders say they’ve been specifically targeted for deportation as a result of their activism. With automated license plate recognition, that targeting would only grow more powerful. For civil liberties groups, the implications go far beyond immigration.
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  • The new license plate reader contract comes after years of internal lobbying by the agency. ICE first tested Vigilant’s system in 2012, gauging how effective it was at locating undocumented immigrants. Two years later, the agency issued an open solicitation for the technology, sparking an outcry from civil liberties group. Homeland Security secretary Jeh Johnson canceled the solicitation shortly afterward, citing privacy concerns, although two field offices subsequently formed rogue contracts with Vigilant in apparent violation of Johnson’s policy. In 2015, Homeland Security issued another call for bids, although an ICE representative said no contract resulted from that solicitation. As a result, this new contract is the first agency-wide contract ICE has completed with the company, a fact that is reflected in accompanying documents. On December 27th, 2017, Homeland Security issued an updated privacy assessment of license plate reader technology, a move it explained was necessary because “ICE has now entered into a contract with a vendor.” The new system places some limits on ICE surveillance, but not enough to quiet privacy concerns. Unlike many agencies, ICE won’t upload new data to Vigilant’s system but simply scan through the data that’s already there. In practical terms, that means driving past a Vigilant-linked camera might flag a car to ICE, but driving past an ICE camera won’t flag a car to everyone else using the system. License plates on the hot list will also expire after one year, and the system retains extensive audit logs to help supervisors trace back any abuse of the system. Still, the biggest concern for critics is the sheer scale of Vigilant’s network, assembled almost entirely outside of public accountability. “If ICE were to propose a system that would do what Vigilant does, there would be a huge privacy uproar and I don’t think Congress would approve it,” Stanley says. “But because it’s a private contract, they can sidestep that process.”
Paul Merrell

The NSA's Secret Role in the U.S. Assassination Program - The Intercept - 0 views

  • The National Security Agency is using complex analysis of electronic surveillance, rather than human intelligence, as the primary method to locate targets for lethal drone strikes – an unreliable tactic that results in the deaths of innocent or unidentified people. According to a former drone operator for the military’s Joint Special Operations Command (JSOC) who also worked with the NSA, the agency often identifies targets based on controversial metadata analysis and cell-phone tracking technologies. Rather than confirming a target’s identity with operatives or informants on the ground, the CIA or the U.S. military then orders a strike based on the activity and location of the mobile phone a person is believed to be using. The drone operator, who agreed to discuss the top-secret programs on the condition of anonymity, was a member of JSOC’s High Value Targeting task force, which is charged with identifying, capturing or killing terrorist suspects in Yemen, Somalia, Afghanistan and elsewhere. His account is bolstered by top-secret NSA documents previously provided by whistleblower Edward Snowden. It is also supported by a former drone sensor operator with the U.S. Air Force, Brandon Bryant, who has become an outspoken critic of the lethal operations in which he was directly involved in Iraq, Afghanistan and Yemen
  • The National Security Agency is using complex analysis of electronic surveillance, rather than human intelligence, as the primary method to locate targets for lethal drone strikes – an unreliable tactic that results in the deaths of innocent or unidentified people. According to a former drone operator for the military’s Joint Special Operations Command (JSOC) who also worked with the NSA, the agency often identifies targets based on controversial metadata analysis and cell-phone tracking technologies. Rather than confirming a target’s identity with operatives or informants on the ground, the CIA or the U.S. military then orders a strike based on the activity and location of the mobile phone a person is believed to be using. The drone operator, who agreed to discuss the top-secret programs on the condition of anonymity, was a member of JSOC’s High Value Targeting task force, which is charged with identifying, capturing or killing terrorist suspects in Yemen, Somalia, Afghanistan and elsewhere. His account is bolstered by top-secret NSA documents previously provided by whistleblower Edward Snowden. It is also supported by a former drone sensor operator with the U.S. Air Force, Brandon Bryant, who has become an outspoken critic of the lethal operations in which he was directly involved in Iraq, Afghanistan and Yemen.
  • In his speech at the National Defense University last May, President Obama declared that “before any strike is taken, there must be near-certainty that no civilians will be killed or injured – the highest standard we can set.” He added that, “by narrowly targeting our action against those who want to kill us and not the people they hide among, we are choosing the course of action least likely to result in the loss of innocent life.” But the increased reliance on phone tracking and other fallible surveillance tactics suggests that the opposite is true. The Bureau of Investigative Journalism, which uses a conservative methodology to track drone strikes, estimates that at least 273 civilians in Pakistan, Yemen and Somalia have been killed by unmanned aerial assaults under the Obama administration. A recent study conducted by a U.S. military adviser found that, during a single year in Afghanistan – where the majority of drone strikes have taken place – unmanned vehicles were 10 times more likely than conventional aircraft to cause civilian casualties.
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    Glenn Greenwald's initial article in the new online The Intercept. 
Paul Merrell

EU to bug every car in UK with tracker chips - and Ministers admit they are powerless t... - 0 views

  • Every new car sold in Britain will have to have a ‘black box’ device fitted to track drivers’ movements from next year, under plans being imposed by the European Union.  Despite serious concerns about privacy and cost, UK ministers admit they are powerless to stop the Big Brother technology being forced on motorists and car makers. The Government believes the gadget, designed to help emergency services find crashed vehicles, will add at least £100 to the cost of vehicles without providing significant safety improvements.
  • Officials also fear the scheme, known as eCall, could be used by police or insurance companies to monitor motorists’ every move.   The European Commission has ruled that by October next year, all new cars and vans sold across Europe must be fitted with the technology, which contains a mobile phone-like SIM card designed to transmit the vehicle’s location to emergency services in the event of a crash.
Paul Merrell

Ukrainian military acknowledges it may have shot down flight MH17 - Fort Russ - 0 views

  • An anonymous source in one of Ukraine's security agencies said that the Malaysian Boeing was shot down as a result of an unauthorized Ukrainian Buk-M1 launch. RIA Novosti reports citing a source in a Ukrainian security agency that the MH17 catastrophe may have been the result of an unanticipated situation during the training of one of Ukraine's air defense units. The anonymous source states the following: "On July 17 2014, the commander of the 156th Anti-Aircraft Missile Regiment was instructed to conduct missile crew training on providing coverage for Ukrainian ground forces in the suburbs of Donetsk, which entailed deploying the battalions, training target acquisition and tracking procedures, and carry out a simulated destruction of an aerial target using Buk-M1 missiles." He said that battery commanders were issued launch keys, however, there were no plans to launch an actual 9M38M1 missile. The training exercise involved two Su-25 aircraft, their task was to conduct aerial reconnaissance and designated training targets in the vicinity of Ukrainian troop concentration to the West of Donetsk.
  • The source: "After one of the aircraft entered Buk detection zone, it began to be tracked by a missile crew located near Zaroshchenskoye. In all likelihood, due to a tragic coincidence the flight paths of the Malaysian Boeing and the Su-25 coincided and, in spite of the altitude difference, were indicated on the Buk radar as a single target which proved fatal for the Boeing. If two targets are located on the same azimuth from the launch vehicle, the tracking system automatically shifts to the one which represents the largest radar target."SBU is trying to establish why the unauthorized launch took place. The source does not possess information about the course of that investigation. We should note that the scenario described above is consistent with the results of the recent investigation conducted by Almaz-Antey. According to Russian experts, the Boeing was shot down by a 9M38M1 missile launched by a Buk-M1 system located near the village of Zaroshchenskoye which was under Ukrainian control.
Paul Merrell

Director Of National Intelligence Confirms Smart Devices May Be Used To Spy On Americans - 0 views

  • Director of National Intelligence James Clapper stated to the Senate Armed Services Committee that the Internet of Things (IoT) — so-called “smart” devices, vehicles, and appliances which employ various computer technologies — may be used to spy and keep tabs on people in the future. “In the future, intelligence services might use the IoT for identification, surveillance, monitoring, location tracking, and targeting for recruitment, or to gain access to networks or user credentials,” Clapper’s prepared testimony claimed. Though his remarks were ostensibly, and not surprisingly, directed toward the fight against ‘terrorism,’ the potential implications for all civilians cannot be ignored — particularly considering the IoT comprises everything from smart cars and fitness tracking devices to televisions and Barbie dolls. Clapper warns the threat from Russia, China, Iran, North Korea, and such non-state actors as ISIL and al-Qaeda. can be expected in the form of cyber attacks, gathering information about individuals, and even psy-ops, which make the IoT vulnerable to malicious intent — and ideal for U.S. intelligence-gathering purposes. “Future cyber operations will almost certainly include an increased emphasis on changing or manipulating data to compromise its integrity (i.e., accuracy and reliability) … Broader adoption of IoT devices and AI [artificial intelligence] — in settings such as public utilities and health care — will only exacerbate these potential effects,” said Clapper.
  • No matter the possible veracity in concerns of National Intelligence, the agency’s desire to thwart terrorism with an exponential increase in surveillance should be disquieting to all civilians wishing to maintain a modicum of privacy. As researchers with the Berkman Center for Internet & Society at Harvard warned in their recent report, Don’t Panic: “The Internet of Things promises a new frontier for networking objects, machines, and environments in ways that we [are] just beginning to understand. When, say, a television has a microphone and a network connection, and is reprogrammable by its vendor, it could be used to listen in to one side of a telephone conversation taking place in its room — no matter how encrypted the telephone service itself might be. These forces are on a trajectory towards a future with more opportunities for surveillance.” In fact, the Nest is a home automation producer of programmable, self-learning, sensor-driven, Wi-Fi-enabled thermostats, smoke detectors, and other security systems. It’s also one of the devices can be used to spy on people in their homes. Clapper’s testimony carefully constructs a potential legal justification for expanding surveillance via, say, your dishwasher, in his assertion that homegrown violent extremists — who have now earned an acronym, HVEs — present the greatest looming threat inside the United States. According to his remarks:
Paul Merrell

62 Syrian Soldiers Killed in US Air Strikes against ISIL - nsnbc international | nsnbc ... - 0 views

  • U.S. air strikes in Deir Ez-Zor, Syria, killed 62 Syrian servicemen and injured at least another 100. The Syrian General Command denounced the air strikes as blatant aggression and evidence that the USA supports the Islamic State. The Syrian Foreign Ministry called on the UN Security Council to condemn the aggression. The U.S.’ Department of Defense said it immediately halted the attacks after receiving information that Syrian military had been struck instead of ISIL. Russian UN Ambassador Vitaly Churkin described the air strikes as a violation of the ceasefire agreement.
  • The General Command (GC) of the Syrian Army and Armed Forces reported that US alliance aircrafts targeted at 5 pm on Saturday, a Syrian Arab Army (SAA) position at the al-Tharda Mountain in the surroundings of Deir Ez-Zor Airport. The GC stressed that the air strikes, besides costing lives and equipment, paved the way for ISIS (Islamic State, ISIL, Daesh) to attack the position and take control of it. SAA forces have since reasserted control over the area. The General Command issued a statement saying that this is a serious and blatant aggression against the Syrian Arab Republic and its army, and constitutes conclusive evidence that the United States and its allies support ISIS and other terrorist organizations. The GC also underpinned that this incident  reveals the falseness of claims that members of the U.S.-led coalition are fighting terrorism. The Russian Defense Ministry confirmed the air strikes, stating that 4 American jet fighters (2 F-16 jets and 2 A-10 jets) entered the Syrian airspace across the Iraqi border, and attacked a Syrian Arab Army position in al-Tharda Mountain in Deir Ez-Zor’s southeastern countryside.
  • The U.S. Department of Defense (DoD) explained that Syrian forces were mistakenly targeted and cited the complexity of the situation as one of the reasons for the incident. The DoD quotes the U.S. Central Command (CENTCOM) as stating that coalition officials halted an air strike in progress against an ISIL fighting position they had been tracking for a significant amount of time before the strike when Russian officials told them it was possible the personnel and vehicles targeted were part of the Syrian military. The location of the strike, south of Dayr Az Zawr, is in an area the coalition has struck in the past, CENTCOM officials said, and coalition members in the Combined Air Operations Center had earlier informed Russian counterparts of the upcoming strike. “It is not uncommon for the Coalition Air Operations Center to confer with Russian officials as a professional courtesy and to deconflict coalition and Russian aircraft, although such contact is not required by the current U.S.- Russia Memorandum of Understanding on safety of flight,” officials said in a statement. “Syria is a complex situation with various military forces and militias in close proximity, but coalition forces would not intentionally strike a known Syrian military unit,” officials said in the statement. “The coalition will review this strike and the circumstances surrounding it to see if any lessons can be learned.”
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  • It is worth noting that all military activities by the United States and members of the U.S.-led coalition in Syria are carried out in violation of international law which requires that such forces either have an authorization from the Syrian government, or act based on a UN Security Council resolution that has been adopted with the concurrent vote of all five permanent UN Security Council members.
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    Where would we be today had the Syrian Army fired back with anti-aircraft missiles and downed their attackers? Or what if the Syrian Army had called in the Russian Air Force to defend them? Would we now be in World War III? There be profound dangers in a foreign policy that ignores international law.
Paul Merrell

New Hydrogen Electric Fuel Cell Truck Factory Rumbles Into Arizona - 0 views

  • In another sign that the field of zero emission transportation is accelerating, the company Nikola has announced plans to build a new truck factory in Arizona. These aren’t pick-ups or other light duty vehicles. The company’s Nikola 1 model is built for long hauls and heavy loads, with an electric drive train powered by a hydrogen fuel cell system.With plans for the new factory firming up, it looks like Nikola’s plan for hydrogen long haul trucking is on the road to realization. It’s also another sign that the trucking industry is slowly beginning to abandon the idea of “clean diesel” for a more sustainable future.Nikola’s Hydrogen Fuel Cell Electric TruckThe latest announcement is certainly good news for Arizona. The new factory, located near Phoenix in the town of Buckeye, is expected to create 2,000 jobs and stimulate capital investment to the tune of $1 billion within the next six years or so.The news is also bad for Utah, which is losing Nikola’s current headquarters. The company plans to transfer its R&D work to Arizona as well as building trucks there.The company already has 8,000 trucks on pre-order, and so far it looks like everything is on track to have the factory up and running within two years.
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