Photo Credit: Social BIz SolutionsThe chairman of the Senate Judiciary Committee is pushing to fast-track legislation that would require police to obtain a warrant before accessing emails and other private online messages.
Sen. Patrick Leahy’s (D-Vt.) goal is for the Senate to unanimously approve his bill before the August recess, according to one of his committee aides. Any opposition could delay a vote until after Congress returns in the fall.
He has secured unanimous support from his fellow Democrats and is in negotiations with Sen. Chuck Grassley (R-Iowa), the Judiciary Committee’s ranking member, and other Republicans to address their concerns.
Leahy’s aide claimed that even if a floor vote is delayed until after the recess, they are already “way past” the 60 votes they would need to overcome a filibuster and approve the bill, which is co-sponsored by Republican Sen. Mike Lee (Utah).
Gregory Nojeim, a senior counsel for the Center for Democracy and Technology and a supporter of stronger privacy protections, said that the news of the National Security Agency’s surveillance programs has given Leahy’s bill a new boost of momentum.
https://joemiller.us/wp-content/uploads/logotext.png00Joe Millerhttps://joemiller.us/wp-content/uploads/logotext.pngJoe Miller2013-07-22 03:41:432016-04-11 11:18:38Bill Co-Sponsored by Mike Lee to Require Search Warrants for Fed’s Access to Your Email Gaining Steam
Photo Credit: WNDBy Steve Peacock. The deployment of federal drones in and around U.S. shores represents one of the Obama administration’s next steps in the nation’s expanded use of unmanned aircraft systems for surveillance purposes.
The Office of National Marine Sanctuaries, or ONMS, recently acquired Puma UAS – a type of drone that the U.S. Navy also uses – for operations off the coast of Los Angeles.
ONMS now is enlisting contractor support in expanding UAS use in California, Hawaii, Florida, and Washington state. Vendors experienced in working with law enforcement and military personnel are needed for this endeavor, according to a solicitation that WND located through routine database research.
The Puma drones – which are small enough to launch by hand – will be used by ONMS to enforce federal regulations, the document says.
The ONMS drone project will focus on Channel Islands National Marine Sanctuary located northwest of LA. However, the contractor also will assist Puma UAS operations at Papahanaumokuakea Marine National Monument Midway in Hawaii, Florida Keys National Marine Sanctuary, and Olympic Coast National Marine Sanctuary in Washington. Read more from this story HERE.
Photo Credit: LA TimesJudge torn over lawsuit in drone strike that killed Americans
By Michael Doyle. Courts cannot second-guess drone strikes that kill U.S. citizens overseas, an Obama administration lawyer argued Friday.
A Republican-appointed judge sounded dubious about the expansive claim, saying she was “really troubled” by assertions that courts are completely shut out of the drone strike debate. But for other legal reasons, the judge also sounded hesitant about a lawsuit targeted at top military and intelligence officials for violating the constitutional rights of U.S. citizens blown up in foreign lands.
“There are instances where wrongs are done, but for one reason or another they cannot be remedied in a civil suit,” U.S. District Court Judge Rosemary M. Collyer said.
The American Civil Liberties Union and the Center for Constitutional Rights, representing a family member, have sued former Defense Secretary Leon Panetta and other former officials over the two separate drone strikes that killed three U.S. citizens in Yemen. The Obama administration wants the lawsuit dismissed.
The lawsuit is the latest challenge to the administration’s secretive war-fighting practices that have mobilized skeptics on both the right and the left. ERad more from this story HERE.
Photo Credit: U.S. Air ForceU.S. military drone surveillance is expanding to hot spots beyond declared combat zones
By Craig Whitlock. The steel-gray U.S. Air Force Predator drone plunged from the sky, shattering on mountainous terrain near the Iraq-Turkey border. For Kurdish guerrillas hiding nearby, it was an unexpected gift from the propaganda gods.
Fighters from the Kurdistan Workers’ Party, or PKK, filmed the charred wreckage on Sept. 18 and posted a video on YouTube. A narrator bragged unconvincingly that the group had shot down the drone. But for anyone who might doubt that the flying robot was really American, the video zoomed in on mangled parts stamped in English and bearing the label of the manufacturer, San Diego-based General Atomics.
For a brief moment, the crash drew back the curtain on Operation Nomad Shadow, a secretive U.S. military surveillance program. Since November 2011, the U.S. Air Force has been flying unarmed drones from Incirlik Air Base in Turkey in an attempt to suppress a long-simmering regional conflict. The camera-equipped Predators hover above the rugged border with Iraq and beam high-resolution imagery to the Turkish armed forces, helping them pursue PKK rebels as they slip back and forth across the mountains.
As the Obama administration dials back the number of drone attacks in Afghanistan, Pakistan and Yemen, the U.S. military is shifting its huge fleet of unmanned aircraft to other hot spots around the world. This next phase of drone warfare is focused more on spying than killing and will extend the Pentagon’s robust surveillance networks far beyond traditional, declared combat zones.
Over the past decade, the Pentagon has amassed more than 400 Predators, Reapers, Hunters, Gray Eagles and other high-altitude drones that have revolutionized counterterrorism operations. Some of the unmanned aircraft will return home with U.S. troops when they leave Afghanistan. But many of the drones will redeploy to fresh frontiers, where they will spy on a melange of armed groups, drug runners, pirates and other targets that worry U.S. officials. Read more from this story HERE.
https://joemiller.us/wp-content/uploads/logotext.png00Joe Millerhttps://joemiller.us/wp-content/uploads/logotext.pngJoe Miller2013-07-22 03:33:542016-04-11 11:18:39Obama Deploying Drones Around U.S.
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.
https://joemiller.us/wp-content/uploads/logotext.png00Joe Millerhttps://joemiller.us/wp-content/uploads/logotext.pngJoe Miller2013-07-22 02:55:332016-04-11 11:18:43Courageous CEO Discloses that the Secret FISA Court Ordered His ISP to Install Black Box to Copy Data
By Fox News. The secret intelligence court that signs off on giving the U.S. government the authority to monitor hundreds of millions of telephone records has renewed the government’s request to do so for another three months.
The Office of the Director of National Intelligence announced Friday its authority to maintain the program expired on July 19 and that the government had sought and received a renewal from the Foreign Intelligence Surveillance Act court.
National Intelligence Director James Clapper announced the new order.
The surveillance program has been under intense scrutiny since June, when former CIA employee and National Security Agency contractor Edward Snowden leaked details of two top secret U.S. surveillance programs that critics say violate privacy rights. Read more from this story HERE.
Secret Court Renews NSA’s Phone Records Collection
By Todd Beamon. The FISA Court in Washington oversees U.S. surveillance programs. It consists of 11 federal judges, all whom have been appointed by Supreme Court Chief Justice John Roberts.
The White House disclosed the FISA’s stamp of renewed approval of the court order in an effort at greater transparency after former intelligence contractor Edward Snowden leaked details of the National Security Agency’s secret U.S. surveillance programs to the media.
But bipartisan criticism continues to mount on Capitol Hill over the NSA’s collection and stockpiling of millions of Americans’ phone records without individual warrants or suspicions of connections to terrorism.
“By renewing the FISA court order, the Obama administration would reconfirm its support for the dragnet collection of telephone metadata, despite public outcry,” Rep. James Sensenbrenner, a Wisconsin Republican and a senior member of the House Judiciary Committee, told The Guardian newspaper of London.
Meanwhile, Sen. Jeff Merkley, an Oregon Democrat, said the White House should have let the Verizon order expire. Read more from this story HERE.
https://joemiller.us/wp-content/uploads/logotext.png00Joe Millerhttps://joemiller.us/wp-content/uploads/logotext.pngJoe Miller2013-07-20 04:11:322016-04-11 11:18:50Secret Court OKs Continued US Phone Surveillance Program for Another Three Months (+video)
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.”
https://joemiller.us/wp-content/uploads/logotext.png00Joe Millerhttps://joemiller.us/wp-content/uploads/logotext.pngJoe Miller2013-07-20 04:07:322016-04-11 11:18:51Court Says Tracking by Cell Phone Signal Off Limits
Photo Credit: Daily CallerBy Katie McHugh. Former president Jimmy Carter condemned the effect U.S. intelligence programs had on U.S. moral authority in the wake of NSA revelations brought to light by leaker Edward Snowden, Der Spiegel reports.
“America has no functioning democracy,” Carter said at a meeting of The Atlantic Bridge in Atlanta, Georgia on Tuesday.
Carter also claimed there was currently no reason for him to be “optimistic” about Egypt’s internal conflicts and mused whether the standards The Carter Center applies to foreign elections could be fulfilled by U.S. elections, which he believes are plagued by confusing campaign rules and a lack of restrictions on free speech in the wake of the Supreme Court’s Citizens United ruling.
The former president continued that democratic developments — fueled by sites such as Facebook and Twitter — might be damaged by the NSA revelations, essentially strangling emerging democratic revolutions in the cradle by casting doubt on the social media juggernauts’ independent credibility. Read more from this story HERE.
By Hadas Gold. The jury made the “right decision” in the George Zimmerman murder trial, former President Jimmy Carter said Tuesday.
“I think the jury made the right decision based on the evidence presented, because the prosecution inadvertently set the standard so high that the jury had to be convinced that it was a deliberate act by Zimmerman that he was not at all defending himself, and so forth,” Carter told Atlanta news channel WXIA. “It’s not a moral question, it’s a legal question and the American law requires that the jury listens to the evidence presented.”
Carter said he agrees with President Barack Obama and accepts the jury’s decision. “So President Obama said he thought – it was — he regretted the decision, but he had to accept the results of the jury decision,” Carter said. Read more from this story HERE.
https://joemiller.us/wp-content/uploads/logotext.png00Joe Millerhttps://joemiller.us/wp-content/uploads/logotext.pngJoe Miller2013-07-18 03:09:432016-04-11 11:18:58Jimmy Carter: ‘America No Longer Has a Functioning Democracy’ (+video)
Photo Credit: APNSA warned to rein in surveillance as agency reveals even greater scope
By Spencer Ackerman. The National Security Agency revealed to an angry congressional panel on Wednesday that its analysis of phone records and online behavior goes exponentially beyond what it had previously disclosed.
John C Inglis, the deputy director of the surveillance agency, told a member of the House judiciary committee that NSA analysts can perform “a second or third hop query” through its collections of telephone data and internet records in order to find connections to terrorist organizations.
“Hops” refers to a technical term indicating connections between people. A three-hop query means that the NSA can look at data not only from a suspected terrorist, but from everyone that suspect communicated with, and then from everyone those people communicated with, and then from everyone all of those people communicated with.
Inglis did not elaborate, nor did the members of the House panel – many of whom expressed concern and even anger at the NSA – explore the legal and privacy implications of the breadth of “three-hop” analysis.
But Inglis and other intelligence and law enforcement officials testifying before the committee said that the NSA’s ability to query the data follows rules set by the secret Fisa court, although about two dozen NSA officials determine for themselves when those criteria are satisified. Read more from this story HERE.
Photo Credit: APObama loses support for renewal of surveillance; NSA phone program will expire next year
By Stephen Dinan. The lawmaker who wrote the USA Patriot Act said Wednesday that, as it stands, the House will never renew the provisions that the Obama administration uses to collect Americans’ phone records, meaning the government’s surveillance program will be cut off some time next year.
Both Democrats and Republicans told top administration officials that they reject President Obama’s claim that the law allows the intelligence community to collect the phone numbers, time, date and duration of calls made by Americans, and they said Mr. Obama needs to change the way he is running the program if he wants to keep it intact.
Rep. F. James Sensenbrenner Jr., the Wisconsin Republican who was chief author of the Patriot Act in 2001, said Congress specifically tried to limit the law’s uses when it renewed the provisions under Section 215 of the act that allow the government to collect data from businesses without obtaining a warrant.
In that renewal Congress added in the word “relevant” to try to limit what the government was pursuing. But Mr. Sensenbrenner said the intelligence community has expanded, not limited, its data-gathering efforts after Congress tried to reel them in.
“Section 215 expires at the end of 2015 and unless you realize you’ve got a problem, that is not going to be renewed. There are not the votes in the House to renew Section 215,” he said. “It’s got to be changed and you have to change how you operate Section 215. Otherwise, in a year or a year and a half, you’re not going to have it anymore.” Read more from this story HERE.
By Brian Hughes. Russian President Vladimir Putin insisted on Wednesday that an already frosty relationship between his government and the United States would not be damaged if Russia granted asylum to National Security Agency leaker Edward Snowden.
“Bilateral relations, in my opinion, are much more important than the squabbles around the activities of the security services,” Putin told reporters in eastern Siberia.
“We warned Mr. Snowden that any of his activities that cause damage to U.S.-Russian relations are unacceptable to us.”
Snowden, the former government contractor who disclosed details about U.S. phone and Internet surveillance programs, applied for temporary asylum in Russia on Tuesday. A lawyer representing Snowden told Russia’s Interfax news agency on Wednesday that the ex-CIA official could leave Moscow’s Sheremetyevo Airport in the next few days.
The Obama administration has repeatedly warned the Putin regime not to give Snowden refuge since he faces a trio of espionage charges back on U.S. soil. If his application were approved, Snowden could stay in Russia for up to a year. Read more from this story HERE.
https://joemiller.us/wp-content/uploads/logotext.png00Joe Millerhttps://joemiller.us/wp-content/uploads/logotext.pngJoe Miller2013-07-18 03:06:112016-04-11 11:18:58NSA’s Surveillance Goes “Exponentially Beyond what it had Previously Disclosed”
Photo Credit: CNNBy Michael Martinez. Police around the United States are recording the license plates of passing drivers and storing the information for years with little privacy protection, the American Civil Liberties Union said Wednesday.
The information potentially allows authorities to track the movements of everyone who drives a car.
The ACLU documented the police surveillance after reviewing 26,000 pages of material gathered through public records requests to almost 600 local and state police departments in 38 states and the District of Columbia.
Police are gathering the vehicle information with surveillance technology called automatic license plate readers, and it’s being stored — sometimes indefinitely — with few or no privacy protections, the ACLU said.
“The documents paint a startling picture of a technology deployed with too few rules that is becoming a tool for mass routine location tracking and surveillance,” the ACLU said in a written statement.
Photo Credit: APHow the government is keeping track of EVERYWHERE you’re driving thanks to license plates and police scanners
By James Nye. Chances are, your local or state police departments have photographs of your car in their files, noting where you were driving on a particular day, even if you never did anything wrong.
Using automated scanners, law enforcement agencies across the country have amassed millions of digital records on the location and movement of every vehicle with a license plate, according to a study published Wednesday by the American Civil Liberties Union.
Affixed to police cars, bridges or buildings, the scanners capture images of passing or parked vehicles and note their location, uploading that information into police databases. Departments keep the records for weeks or years, sometimes indefinitely.
As the technology becomes cheaper and more ubiquitous, and federal grants focus on aiding local terrorist detection, even small police agencies are able to deploy more sophisticated surveillance systems.
While the Supreme Court ruled in 2012 that a judge’s approval is needed to track a car with GPS, networks of plate scanners allow police effectively to track a driver’s location, sometimes several times every day, with few legal restrictions. Read more from this story HERE.
Photo Credit: Robert Landau/CorbisAlarming number of databases across US are storing details of Americans’ locations – not just government agencies
By Ed Pilkington. Millions of Americans are having their movements tracked through automated scanning of their car license plates, with the records held often indefinitely in vast government and private databases.
A new report from the American Civil Liberties Union has found an alarming proliferation of databases across the US storing details of Americans’ locations. The technology is not confined to government agencies – private companies are also getting in on the act, with one firm National Vehicle Location Service holding more than 800m records of scanned license plates.
“License plate readers are the most pervasive method of location tracking that nobody has heard of,” said Catherine Crump, ACLU lawyer and lead author of the report. “They collect data on millions of Americans, the overwhelming number of whom are entirely innocent of any wrongdoing.”
Crump said that the creeping growth of license plate scanners echoed the debate over the National Security Agency. “It raises the same question as the NSA controversy: do we want to live in a world where the government makes a record of everything we do – because that’s what’s being created by the growth of databases linked to license plate readers.”
ACLU based their research on the results of freedom of information requests to 300 police departments and other agencies nationwide that generated 26,000 pages of documents. The mountain of training materials, internal memos and policy statements retrieved by the group has opened a door on a previously little understood world. Read more from this story HERE.
Photo Credit: Reuters ACLU: We’re Increasingly Living in a Dragnet Society
“There’s just a fundamental question of whether we’re going to live in a society where these dragnet surveillance systems become routine,” said Catherine Crump, a staff attorney with the ACLU, which wants police departments to immediately delete records of cars not linked to a crime…
The ACLU study, based on 26,000 pages of responses from 293 police departments and state agencies across the country, also found that license plate scanners produced a small fraction of “hits,” or alerts to police that a suspicious vehicle has been found.
In Maryland, for example, the state reported reading about 29 million plates between January and May of last year. Of that amount, about 60,000 — or roughly 1 in every 500 license plates — were suspicious. The No. 1 crime? A suspended or revoked registration, or a violation of the state’s emissions inspection program accounted for 97 percent of all alerts. Read more from this story HERE.
https://joemiller.us/wp-content/uploads/logotext.png00Joe Millerhttps://joemiller.us/wp-content/uploads/logotext.pngJoe Miller2013-07-18 03:05:242016-04-11 11:18:58Moving Closer to Police State: Agencies Tracking Innocent Drivers by License Plate Scanners Everywhere (+video)
Photo Credit: Jw WuOur grandparents’ generation feared the early-morning knock of the Gestapo. During the cold war, West and East Germans alike were aware that their divided country was crawling with spooks of all denominations. We recognised that mutually assured espionage helped prop up the bipolar balance of power. (It also made for some superb spy thrillers.) Still, no one misses the sombre paranoia, reinforced in and after the 1970s by the ramping up of West Germany’s domestic intelligence services in response to homegrown terrorism.
Germans who were born east of the Berlin Wall were careful to give the organs of the Staatssicherheit a wide berth. But it was only after the fall of the Wall in 1989, when the citizens who had brought down their government stormed the secret police’s headquarters and realised the full horror of the web woven by the Stasi: neighbours spying on neighbours; husbands spying on wives. Joachim Gauck, our current president, was the first head of the Stasi Archives, the government agency that, 20 years on, continues to painstakingly piece together a full record of East Germany’s surveillance of its citizens.
Yes, we Germans have better cause than many of our allies to abhor the secret state. It’s why we don’t like closed-circuit television cameras. It’s also why our constitutional court enshrined a fundamental right of data privacy, and declared it illegal for Germany to implement an EU directive on preventive data storage.
https://joemiller.us/wp-content/uploads/logotext.png00Joe Millerhttps://joemiller.us/wp-content/uploads/logotext.pngJoe Miller2013-07-18 02:47:272016-04-11 11:19:02Germany: We Have Good Cause to Abhor the Surveillance State
Photo Credit: Jim Lo Scalzo/EPAPrivacy groups led by EFF sue to stop NSA and FBI electronic surveillance
By Associated Press. Rights activists, church leaders and drug and gun rights advocates found common ground and filed a lawsuit on Tuesday against the federal government to halt a vast National Security Agency electronic surveillance program.
The lawsuit was filed by the Electronic Frontier Foundation, which represents the unusually broad coalition of plaintiffs, and seeks an injunction against the NSA, Justice Department, FBI and directors of the agencies.
Filed in federal court in San Francisco, it challenges what the plaintiffs describe as an “illegal and unconstitutional program of dragnet electronic surveillance.”
The suit came after former NSA contractor Edward Snowden leaked details about NSA surveillance programs last month, revealing a broad US intelligence program to monitor Internet and telephone activity to ferret out terror plots.
Snowden, who has been charged with spying and theft of government property, has spent the past three weeks in the Moscow airport transit zone. Read more from this story HERE.
Photo Credit: AFPSnowden to stay in Moscow airport for now: lawyer
By Maria Antonova. US intelligence leaker Edward Snowden will stay in the transit zone of the Moscow airport where he has been holed up for three weeks while Russian authorities process his asylum request, a lawyer helping him said Tuesday.
Anatoly Kucherena, a Russian lawyer who helped Snowden file an application for asylum in Russia earlier Tuesday, told AFP the fugitive former National Security Agency (NSA) contractor was happy with his treatment at the airport.
“While all procedural questions are being decided, he will remain in the transit zone of the airport,” Kucherena told AFP in central Moscow when asked if Snowden would remain at Sheremetyevo airport until the asylum request was approved.
He confirmed that the asylum procedure could take up to three months, although a shorter period is theoretically possible.
Kucherena said he met Snowden at the airport on Tuesday to file the asylum request, with a translator the only other person present. Read more from this story HERE.
Sen. Graham suggests US boycott Winter Olympics in Russia over Snowden
By Jeremy Herb, Julian Pecquet and Justin Sink. President Obama should consider boycotting the 2014 Winter Olympics in Russia if the Cold War-era foe gives asylum to Edward Snowden, Sen. Lindsey Graham told The Hill on Tuesday.
“I would. I would just send the Russians the most unequivocal signal I could send them,” Graham (R-S.C.) said when asked about the possibility of a boycott.
“It might help, because what they’re doing is outrageous,” he said. “We certainly haven’t reset our relationship with Russia in a positive way. At the end of the day, if they grant this guy asylum it’s a breach of the rule of law as we know it and is a slap in the face to the United States.”
nowden, who has been charged with espionage for leaking details about two National Security Agency programs that collected information about U.S. telephone calls and international Internet usage, officially filed a request for temporary asylum in Russia on Tuesday. He pledged to abide by Russian President Vladimir Putin’s demands that he stop leaking information that could damage the United States.
Graham is the first senator to suggest a link between the Olympics and Snowden, who has been holed up in a Moscow airport for weeks. Read more from this story HERE.
https://joemiller.us/wp-content/uploads/logotext.png00Joe Millerhttps://joemiller.us/wp-content/uploads/logotext.pngJoe Miller2013-07-17 02:54:422016-04-11 11:19:07Broad Coalition of Gun, Drug, Privacy Groups Sue NSA, FBI Over Surveillance while Snowden Files for Asylum
