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Courageous CEO Discloses that the Secret FISA Court Ordered His ISP to Install Black Box to Copy Data

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Photo Credit: FlickrIn the wake of the Snowden revelations, this courageous CEO of a small Internet Service Provider (ISP) in Utah decided to go public with what one of the US’s secret Foreign Intelligence Surveillance Courts ordered him to do. The CEO is outraged over this apparent violation of the Bill of Rights. Here’s part of his statement:

[The federal agents] came in and showed me papers. It was a court order from the FISC (Foreign Intelligence Surveillance Court) for the intercept, with the agent’s name… and the court’s information. I think it was three or four pages of text. They wouldn’t let met me copy them. They let me take notes in regards to technical aspects of what they wanted to do…

It was open ended. I called six months into it and said, “How long is this going to go on?” and they said, “I don’t know.” I went on for nine months. If it were still there, I would have probably smashed it by now. There have been no [related] arrests that I have heard of…

These programs that violate the Bill of Rights can continue because people can’t go out and say, “This is my experience, this is what happened to me, and I don’t think it is right”…

We run a Tor node, in some ways as an affirmation of our belief that there are legitimate reasons for being anonymous on the internet. That is where the majority of requests come in from these days. Some illegal traffic comes in through Tor node and we get a federal request through the FBI or DOJ (Department of Justice). I respond to them and say that this is a Tor node [and therefore inaccessible, even to the ISP]; that is usually the end of it. They realize what that is, and it is a dead end.

I am in a little bit of a different situation than large companies. I don’t have a board of directors to answer to. A number of [larger] companies are getting paid for the information. If you go establish a tap on Google’s network, they will charge X amount per month. Usually the government pays it. It isn’t worth it to me to do that kind of wholesale monitoring at any price, and lot of companies disagree with that, because it is a financial issue for them. [They say] if it is worth this much profit, let’s go for it. The return for standing up for people’s constitutional rights and privacy is much greater and more satisfying.

Court Says Tracking by Cell Phone Signal Off Limits

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Photo Credit: WNDAmid revelations that the National Security Agency and others have monitored Americans’ cell phone calls, a state court has affirmed the privacy rights of cell phone users.

The decision this week by the New Jersey Supreme Court in the case of Thomas W. Earls applies only to residents of the state, but it is being watched as a possible bellwether in the surging dispute over the government’s surveillance powers.

The Electronic Privacy Information Center said the decision is the first to “establish a constitutional right in location data since the U.S. Supreme Court decided United States v. Jones, a GPS tracking case in which several justices expressed concern about the collection of location data.”

In that case, the U.S. Supreme Court ruled police could not attach a tracking device to a suspect’s vehicle and follow him without probable cause and a warrant.

In the Earls case, the court upheld that “individuals have a reasonable expectation of privacy in their cell phone location data.”

Read more from this story HERE.

Court Orders CIA to Acknowledge Drones

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Photo Credit: wbaiv

The Central Intelligence Agency (CIA) must acknowledge whether an armed drone program exists, a federal appellate court ruled on Friday.

The American Civil Liberties Union (ACLU) took the CIA to court after filing a Freedom of Information request about drone strikes overseas. The CIA denied the request, saying it could not release any documents because even acknowledging the existence of the program would harm national security.

“The existence or nonexistence of CIA records responsive to this request is a currently and properly classified fact, the disclosure of which reasonably could be expected to cause damage to the national security,” the CIA argued to the court, which initially agreed.

But on Friday, the appellate court overturned the earlier decision, noting that President Obama and other senior intelligence officials have talked openly about drone strikes in recent months, undercutting the CIA’s argument that acknowledging its role in the operation could harm national security.

“The defendant is, after all, the Central Intelligence Agency. And it strains credulity to suggest that an agency charged with gathering intelligence affecting the national security does not have an ‘intelligence interest’ in drone strikes, even if that agency does not operate the drones itself,” Chief Judge Merrick B. Garland wrote.

Read more from this story HERE.

Joe Miller agrees to pay legal fees

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Joe Miller, who lost a 2010 senate bid against Alaska Sen. Lisa Murkowski, announced he won’t be appealing a court order requiring that he pay state legal fees incurred in his fight to overturn the election results.

“Given the amount at issue, it simply does not make good financial sense to move forward with the appeal,” Miller said in a statement Thursday. “Pyrrhic victories are not my goal. Accordingly, this court fight ends today.”

After losing to tea party-backed Miller in the Republican primary, Murkowski ran as a write-in candidate in the general election in November.

When Murkowski won by 4.5 percentage points, Miller called on the Division of Elections to review the ballots in accordance to state election law, which says write-in votes must match the name of the candidate. Miller claimed all ballots with misspellings should be thrown out in a recount.

But the state had ruled as long as a voter’s intent was clear on the write-in, then a misspelled ballot could be counted. The Superior Court judge rejected Miller’s lawsuit, and the state’s Supreme Court upheld the decision.

 Read More at CNN by Ashley Killough, CNN

Here is the press release: https://www.joemiller.us/2011/07/miller-chooses-not-to-appeal-legal-fees-ruling/