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New Justice Department Documents Show Huge Increase in Warrantless Electronic Surveillance

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Justice Department documents released today by the ACLU reveal that federal law enforcement agencies are increasingly monitoring Americans’ electronic communications, and doing so without warrants, sufficient oversight, or meaningful accountability.

The documents, handed over by the government only after months of litigation, are the attorney general’s 2010 and 2011 reports on the use of “pen register” and “trap and trace” surveillance powers. The reports show a dramatic increase in the use of these surveillance tools, which are used to gather information about telephone, email, and other Internet communications. The revelations underscore the importance of regulating and overseeing the government’s surveillance power.

Pen register and trap and trace devices are powerfully invasive surveillance tools that were, twenty years ago, physical devices that attached to telephone lines in order to covertly record the incoming and outgoing numbers dialed. Today, no special equipment is required to record this information, as interception capabilities are built into phone companies’ call-routing hardware.

Pen register and trap and trace devices now generally refer to the surveillance of information about—rather than the contents of—communications. Pen registers capture outgoing data, while trap and trace devices capture incoming data. This still includes the phone numbers of incoming and outgoing telephone calls and the time, date, and length of those calls. But the government now also uses this authority to intercept the “to” and “from” addresses of email messages, records about instant message conversations, non-content data associated with social networking identities, and at least some information about the websites that you visit (it isn’t entirely clear where the government draws the line between the content of a communication and information about a communication when it comes to the addresses of websites).

The reports that we received document an enormous increase in the Justice Department’s use of pen register and trap and trace surveillance. As the chart below shows, between 2009 and 2011 the combined number of original orders for pen registers and trap and trace devices used to spy on phones increased by 60%, from 23,535 in 2009 to 37,616 in 2011.

Read more from this story HERE.

Video: Normalizing GPS Tracking-Nestle Plants Trackers in Candy Bars

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In a European “contest,” Nestle has announced that it is placing GPS tracking devices in several candy bars that will activate some time after purchase, allowing Nestle to find the customer and award him or her over $15,000:

Federal Appellate Court: No warrant needed to track you in real time by your cell phone

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Photo credit: from_ko

A federal appeals court ruled on Tuesday that police do not need a warrant to track the location of a suspect’s phone.

The United States Court of Appeals for the Sixth Circuit ruled that the Drug Enforcement Administration did not violate the constitutional rights of Melvin Skinner when they collected his phone’s GPS data.

DEA agents tracked Skinner’s pay-as-you-go phone as he transported drugs between Arizona and Tennessee. They arrested him at a rest stop in Texas with a motorhome filled with more than 1,100 pounds of marijuana.

Skinner’s lawyers argued that the police violated his Fourth Amendment right against unreasonable searches by collecting his phone’s GPS data without first obtaining a warrant.

But the appeals court ruled that Skinner has no reasonable expectation of privacy for his cellphone’s location data.

Read more from this story HERE.

We must fight the emerging drone culture

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Photo credit: An Honorable German

As instruments of war, pilotless aircraft have already become essential. The Washington Post reported last year that more than 50 countries had developed or purchased drones to use in surveillance — and that many of those nations were working to weaponize the aircraft. Deadly missiles fired from drones are among the most effective U.S. weapons against the Taliban and al Qaida.

There has been far too little discussion of the moral calculus involved in using flying robots as tools of assassination. At the very least, the whole thing should leave us uneasy. Collateral damage — the killing of innocents — can be minimized but not eliminated. And even if only “bad” people are killed, this isn’t war as we’ve traditionally understood it. Drone attacks are more like state-sponsored homicide.

But similar complaints were raised when tanks replaced horses on the battlefield, and nothing stopped the mechanization of war. Drones allow governments to achieve military objectives without putting the lives of soldiers, sailors and pilots at risk. Robots do not bleed and do not vote, so they will do much of the fighting for us.

The thing about drones, though, is that the technology required to deploy them is nowhere near as daunting as is needed, say, to develop nuclear weapons. As they become more commonplace in the arsenals of the world, we will surely begin seeing them used by “rogue” nations — or even by nonstate actors such as terrorists and drug smugglers.

If Colombian cartels are able to build dope-smuggling submarines, when will Mexican crime lords begin sending up surveillance drones to identify unpatrolled sectors of the U.S. border? Soon, I reckon, if it’s not already happening.

Read more from this story HERE.

Say good bye to privacy forever: new DHS laser will instantly know everything about you – from 164 feet away!

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Within the next year or two, the U.S. Department of Homeland Security will instantly know everything about your body, clothes, and luggage with a new laser-based molecular scanner fired from 164 feet (50 meters) away. From traces of drugs or gun powder on your clothes to what you had for breakfast to the adrenaline level in your body—agents will be able to get any information they want without even touching you.

And without you knowing it.

The technology is so incredibly effective that, in November 2011, its inventors were subcontracted by In-Q-Tel to work with the US Department of Homeland Security. In-Q-Tel is a company founded “in February 1999 by a group of private citizens at the request of the Director of the CIA and with the support of the U.S. Congress.” According to In-Q-Tel, they are the bridge between the Agency and new technology companies.

Their plan is to install this molecular-level scanning in airports and border crossings all across the United States. The official, stated goal of this arrangement is to be able to quickly identify explosives, dangerous chemicals, or bioweapons at a distance.

The machine is ten million times faster—and one million times more sensitive—than any currently available system. That means that it can be used systematically on everyone passing through airport security, not just suspect or randomly sampled people.

Read more from this story HERE.

Photo credit: andrea.pacelli