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Privacy

Radical Librarianship: Ensuring Patrons’ Electronic Privacy

Librarians in Massachusetts are working to give their patrons a chance to opt-out of pervasive surveillance. Partnering with the ACLU of Massachusetts, area librarians have been teaching and taking workshops on how freedom of speech and the right to privacy are compromised by the surveillance of online and digital communications -- and what new privacy-protecting services they can offer patrons to shield them from unwanted spying of their library activity. It's no secret that libraries are among our most democratic institutions. Libraries provide access to information and protect patrons' right to explore new ideas, no matter how controversial or subversive. Libraries are where all should be free to satisfy any information need, be it for tax and legal documents, health information, how-to guides, historical documents, children's books, or poetry.

Bush-Era DOJ Memos Gave President Power Violate 4th Amendment

The Justice Department released two decade-old memos Friday night, offering the fullest public airing to date of the Bush administration’s legal justification for the warrantless wiretapping of Americans’ phone calls and e-mails — a program that began in secret after the 2001 terrorist attacks. The broad outlines of the argument — that the president has inherent constitutional power to monitor Americans’ communications without a warrant in a time of war — were known, but the sweep of the reasoning becomes even clearer in the memos written by then-Assistant Attorney General Jack Goldsmith, who was head of President George W. Bush’s Office of Legal Counsel. “We conclude only that when the nation has been thrust into an armed conflict by a foreign attack on the United States and the president determines in his role as commander in chief . . . that it is essential for defense against a further foreign attack to use the [wiretapping] capabilities of the [National Security Agency] within the United States, he has inherent constitutional authority” to order warrantless wiretapping — “an authority that Congress cannot curtail,” Goldsmith wrote in a redacted 108-page memo dated May 6, 2004.

Want To Keep Your Cell Phone Info Private? That’ll Cost $3,500

Your phone can be easily hacked by government or non-state actors. Probably no one at your cell phone company has warned you about this, but it's true. Popular Science reports that US military bases throughout the country appear to be equipped with IMSI catcher cell phone sniffers. The devices, which are also sold to state, local, and federal law enforcement in the United States, trick mobile phones into thinking they are cell phone towers. It's then relatively easy for the person manipulating such a tool to hack into and steal information from any nearby device. Some models can even manipulate mobiles, sending spoofed text messages and making ghost calls from them from a distance. Security conscious technology users have been aware of this threat for some time, but that awareness hasn't made the threat easy to combat. Like with so many things, money changes that. If you have $3,500 you can pay for an encrypted phone that will alert you that someone nearby is sniffing your data. And rich people should seriously consider it; the spy gear appears to be everywhere. Les Goldsmith, who runs a company selling crypto phones, told Popular Science that the number of cell phone sniffing devices "in the U.S. is much higher than people had anticipated. One of our customers took a road trip from Florida to North Carolina and he found 8 different interceptors on that trip. We even found one at South Point Casino in Las Vegas," he said.

Thousands Of Germans Rally To End Government Spying

The rally in Berlin against federal surveillance gathered thousands of people under the motto ‘Freedom not fear,’ who were calling for stricter control of German intelligence agencies. The organizers said about 6,500 demonstrators, a broad coalition of pro-transparency, anti-surveillance and civil rights groups including the Electronic Frontier Foundation, Reporters Without Borders, Digital Courage, and Amnesty International joined the rally as they marched from the Brandenburg Gate to the Federal Chancellery. The American Internet activist and journalist Jacob Appelbaum called on activists to not be afraid to expose government secrets, with many in the crowd holding signs with photos of Edward Snowden. “We have to stand up for all of those who do not usually get support. For all these people across the globe. For confidential communication. For privacy on the Internet. For encryption... It really works. And for anonymity. It protects you,” Appelbaum said.

Technology Allows Gov’t To Track People Around Globe

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.

How The NSA Built Its Own Secret Google

The National Security Agency is secretly providing data to nearly two dozen U.S. government agencies with a “Google-like” search engine built to share more than 850 billion records about phone calls, emails, cellphone locations, and internet chats, according to classified documents obtained by The Intercept. The documents provide the first definitive evidence that the NSA has for years made massive amounts of surveillance data directly accessible to domestic law enforcement agencies. Planning documents for ICREACH, as the search engine is called, cite the Federal Bureau of Investigation and the Drug Enforcement Administration as key participants. ICREACH contains information on the private communications of foreigners and, it appears, millions of records on American citizens who have not been accused of any wrongdoing. Details about its existence are contained in the archive of materials provided to The Intercept by NSA whistleblower Edward Snowden. Earlier revelations sourced to the Snowden documents have exposed a multitude of NSA programs for collecting large volumes of communications. The NSA has acknowledged that it shares some of its collected data with domestic agencies like the FBI, but details about the method and scope of its sharing have remained shrouded in secrecy.

California “Kill Switch” Bill Could Be Used To Disrupt Protests

This week the California legislature passed a bill that requires all smartphones to include a “kill switch” that can remotely render the device inoperable. Although created to deter smartphone theft, this kill switch mandate could actually become a nefarious tool co-opted by government to suppress protests. Kill switch mandates suffer a variety of flaws that CDT has discussed previously. However, the California bill is especially troubling on the issue of police using the feature to shut down phones. The legislation states that government agents may use the kill switch so long as their activities comply with Section 7908 of the Public Utilities Code. This law allows governments to disrupt communications under certain guidelines with judicial authorization, but also includes an “emergency” exception that requires no independent approval. Police could use the kill switch to shut down all phones in a situation they unilaterally perceive as presenting an imminent risk of danger. This means that police could use the kill switch to shut down all phones in a situation they unilaterally perceive as presenting an imminent risk of danger. It’s not hard to imagine law enforcement putting such a label on a protest: Managers of the BART subway system shut down cell service in four stations just prior to planned anti-police demonstrations in 2011, claiming the disruptive measure was justified by public safety concerns.

WikiLeaks: Decades Long Proof Of Surveillance Of Native Americans

It’s an ordinary day at Akwesasne: drones fly high overhead; Border Patrol’s presence is palpable; and cellphones are rarely used because they may be tapped. The village spans the northeastern New York-Canada border, and with listening devices, chemical detectors and X-ray equipment, the U.S. Customs and Border Protection station is among the most sophisticated in the country. As Mohawks travel back and forth through their community, going to work and visiting family on each side of the border, their cars are even weighed. The people here say the government has been spying on the Mohawk Indian reservation for decades. But until recently, these concerns were mostly just suspicions. WikiLeaks has released documents revealing corporate and government surveillance of the Mohawk people’s relationships with foreign countries, as well as evidence that movements that could block corporate plans for oil and gas were tracked and that Native American communities were monitored for the U.S. Department Homeland Security. The documents — among 5 million of WikiLeaks’ Global Intelligence Files — were released this month.

Cell Phone Guide For US Protesters, Updated

With major protests in the news again, we decided it's time to update our cell phone guide for protestors. A lot has changed since we last published this report in 2011, for better and for worse. On the one hand, we've learned more about the massive volume of law enforcement requests for cell phone—ranging from location information to actual content—and widespread use of dedicated cell phone surveillance technologies. On the other hand, strong Supreme Court opinions have eliminated any ambiguity about the unconstitutionality of warrantless searches of phones incident to arrest, and a growing national consensus says location data, too, is private. Protesters want to be able to communicate, to document the protests, and to share photos and video with the world. So they'll be carrying phones, and they'll face a complex set of considerations about the privacy of the data those phones hold. We hope this guide can help answer some questions about how to best protect that data, and what rights protesters have in the face of police demands.

Reversing Militarization & Federalization Of Local Police

The United States is not a battlefield, and our homes and communities should not be targets for military raids. But throughout Massachusetts today, forces composed of members of our public police departments increasingly resemble military units, backed up by advanced surveillance technologies, weapons, and battle vehicles. These units, known as SWAT (Special Weapons and Tactics) teams, conduct raids in our communities that increasingly resemble Special Forces operations executed by the US military in war zones abroad. For instance, SWAT teams break down doors in the middle of the night, dressed in combat gear, and hurl flash-bang grenades in civilian homes — too often merely to serve routine drug warrants. After more than a decade embroiled in wars abroad, the tactics, mentality, and tools deployed by the US military in overseas war operations are coming home to our cities and towns. Law enforcement is a difficult job, and police officers are sometimes sent into very dangerous situations: active shooter, hostage, and violent barricade scenarios among them. Under these and a similar, limited, set of circumstances, militarized police raids may be appropriate. But all too often, as our review of open source material in Massachusetts and empirical figures from other states show, SWAT raids in America are executed in drug-related cases where there is no justifiable use of such extreme force. Worse still, these militarized drug raids do not impact all Americans equally: unjustifiable force and SWAT raids against people in their homes most often target people of color and the poor. The ACLU’s national office recently found that the majority of people impacted by the more than 800 SWAT raids it investigated were people of color.

1974 New Mexico Campaign Warned Of Surveillance State

Back when digital metadata – digital anything – was purely theoretical, along with smartphones, the Web, and computers smaller than refrigerators, when Steve Jobs and Bill Gates were still in college and Edward Snowden hadn’t been born, a crew of community organizers put up a bunch of billboards in Albuquerque. Each sign bore only one image: a giant eye. After the billboards went up along heavily trafficked roadways in New Mexico’s biggest city, still something of a Route 66 way-station at the time, New Mexico TV and radio stations started carrying public-service spots warning that everyone was under observation. This is hardly news today, but the billboards and broadcast warnings date from 1974. The anti-surveillance activists were community organizers based in Santa Fe – then still a lefty-bohemian hub - who got interested in the topic because they worried about government agencies and corporations systematically scooping up data on individuals. Capabilities for doing so were, by today’s lights, almost comically primitive. Way ahead of their time – too far ahead, in fact - the Santa Fe crew founded the anti-mass surveillance movement.

Another Snowden-Style NSA Leaker

The U.S. government believes that a new Edward Snowden–style leaker is giving national security documents to journalists affiliated with Snowden confidante Glenn Greenwald, a suspicion that Greenwald has hinted at confirming. From CNN: Proof of the newest leak comes from national security documents that formed the basis of a news story published Tuesday by the Intercept, the news site launched by Glenn Greenwald, who also published Snowden's leaks. The Intercept article focuses on the growth in U.S. government databases of known or suspected terrorist names during the Obama administration. The article cites documents prepared by the National Counterterrorism Center dated August 2013, which is after Snowden flew to Russia to avoid U.S. criminal charges. (It's not clear why the government believes there's "a" new leaker as opposed to multiple new leakers.)

75% Of Missouri Voters Approve Privacy Amendment

With a 75% yes vote, Missourians approved Amendment 9 by a landslide, giving “electronic data and communications” the same state constitutional protections as “persons, homes, papers and effects.” This eliminates any constitutional ambiguity surrounding electronic data and specifically bars state agencies from accessing it without a warrant in most cases. The new amendment adds the italicized language to Section 15 of the Missouri Bill of rights. Section 15. That the people shall be secure in their persons, papers, homes [and], effects, and electronic communications and data, from unreasonable searches and seizures; and no warrant to search any place, or seize any person or thing, or access electronic data or communication, shall issue without describing the place to be searched, or the person or thing to be seized, or the data or communication to be accessed, as nearly as may be; nor without probable cause, supported by written oath or affirmation. While a state constitutional amendment only binds state agencies and not the federal government, the amendment will protect Missourians from a practical effect of federal spying.

Senator Calls For John Brennan To Resign

Following reports that Central Intelligence Agency employees improperly accessed computers used by U.S. Senate staff to investigate the agency, Sen. Mark Udall (D-Colo.) on Thursday called for the resignation of John Brennan as CIA director. "After being briefed on the CIA Inspector General report today, I have no choice but to call for the resignation of CIA Director John Brennan," Udall said in a statement. "The CIA unconstitutionally spied on Congress by hacking into Senate Intelligence Committee computers. This grave misconduct not only is illegal, but it violates the U.S. Constitution’s requirement of separation of powers. These offenses, along with other errors in judgment by some at the CIA, demonstrate a tremendous failure of leadership, and there must be consequences." According to a CIA Inspector General’s Office report first obtained by McClatchy, agency employees in 2009 hacked Senate computers being used to compile a report on the agency’s infamous detention and interrogation program -- a move that some critics have characterized as a significant breach of the separation of powers. Brennan has apologized to Senate intelligence committee leaders, including Chairwoman Dianne Feinstein (D-Calif.), who took the floor earlier this year to excoriate the agency for skirting the law and attempting to intimidate Congress.

CIA Admits It Spied On Senate Committee

An internal CIA investigation confirmed allegations that agency personnel improperly intruded into a protected database used by Senate Intelligence Committee staff to compile a scathing report on the agency’s detention and interrogation program, prompting bipartisan outrage and at least two calls for spy chief John Brennan to resign. “This is very, very serious, and I will tell you, as a member of the committee, someone who has great respect for the CIA, I am extremely disappointed in the actions of the agents of the CIA who carried out this breach of the committee’s computers,” said Sen. Saxby Chambliss, R-Ga., the committee’s vice chairman. The rare display of bipartisan fury followed a three-hour private briefing by Inspector General David Buckley. His investigation revealed that five CIA employees, two lawyers and three information technology specialists improperly accessed or “caused access” to a database that only committee staff were permitted to use. Buckley’s inquiry also determined that a CIA crimes report to the Justice Department alleging that the panel staff removed classified documents from a top-secret facility without authorization was based on “inaccurate information,” according to a summary of the findings prepared for the Senate and House intelligence committees and released by the CIA.
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