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DEA Eavesdropping Tripled, Bypassed Federal Courts [+video]

By Brad Heath. The U.S. Drug Enforcement Administration more than tripled its use of wiretaps and other types of electronic eavesdropping over the past decade, largely bypassing federal courts and Justice Department lawyers in the process, newly obtained records show.

The DEA conducted 11,681 electronic intercepts in the fiscal year that ended in September. Ten years earlier, the drug agency conducted 3,394.

Most of that ramped-up surveillance was never reviewed by federal judges or Justice Department lawyers, who typically are responsible for examining federal agents’ eavesdropping requests. Instead, DEA agents now take 60% of those requests directly to local prosecutors and judges from New York to California, who current and former officials say often approve them more quickly and easily.

Drug investigations account for the vast majority of U.S. wiretaps, and much of that surveillance is carried out by the DEA. Privacy advocates expressed concern that the drug agency had expanded its surveillance without going through internal Justice Department reviews, which often are more demanding than federal law requires.

Wiretaps — which allow the police to listen in on phone calls and other electronic communications — are considered so sensitive that federal law requires approval from a senior Justice Department official before agents can even ask a federal court for permission to conduct one. The law imposes no such restriction on state court wiretaps, even when they are sought by federal agents. (Read more from “DEA Eavesdropping Tripled, Bypassed Federal Courts” HERE)

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Judge Probes Destruction of Evidence in NSA Leak Prosecution

By Marisa Taylor. A federal judge is investigating allegations that the government may have improperly destroyed documents during the high-profile media leak investigation of National Security Agency whistleblower Thomas Drake.

U.S. Magistrate Judge Stephanie Gallagher’s inquiry was launched after Drake’s lawyers in April accused the Pentagon inspector general’s office of destroying possible evidence during Drake’s criminal prosecution, which ended almost four years ago, McClatchy has learned.

In a May 13 letter, Gallagher told Justice Department lawyers that the judge who had presided over the case asked her to evaluate the allegations from Drake’s lawyers “for further investigation and to make recommendations as to whether any action by the court is warranted or appropriate.”

The allegations raise new questions about a prosecution that had been excoriated by the presiding judge after the Justice Department’s case against Drake unraveled and resulted in the former senior NSA official pleading guilty to a misdemeanor charge.

As a result of the controversial prosecution, Drake became a symbol of the dangers whistleblowers can face when they help the media, Congress and government watchdogs investigate wrongdoing at intelligence agencies. (Read more from this story HERE)

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Patriot Act Showdown: Surveillance Powers Lapse With No Deal in Senate [+video]

Here’s what happens now that the Patriot Act provisions expired

By Erin Kelly. The Senate voted Sunday to move forward with consideration of the USA Freedom Act, a measure that would end the controversial bulk collection of phone metadata. However, Senate leaders were unable to reach a deal to avoid the expiration of key provisions of the Patriot Act before the midnight deadline. Here are some of the immediate impacts:

• The “lone wolf” provision of the law has expired. This allows U.S. intelligence and law enforcement agencies to target surveillance at suspected terrorists who are acting alone without any direct ties to terrorist groups or rogue nations. It specifically says that it does not apply to U.S. citizens. It has never actually been used, White House officials said.

• The “roving wiretap” provision has expired. This allows federal agencies to monitor a person rather than a specific phone or electronic device. The government can keep track of suspected terrorists regardless of how many cell phones they use and throw away. Approval for the surveillance must be obtained from a federal court.

• Section 215 of the Patriot Act had expired. (Read more on the Patriot Act showdown HERE)

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By Associated Press. The National Security Agency will lose its authority at midnight to collect Americans’ phone records in bulk, after an extraordinary Sunday Senate session failed to produce an 11th-hour deal to extend the fiercely contested program.

Intelligence officials warned that the outcome amounts to a win for terrorists. But civil liberties groups applauded the demise, at least temporarily, of the once-secret post-Sept. 11 program made public by NSA contractor Edward Snowden, which critics say is an unconstitutional intrusion into Americans’ privacy.

The program is all but certain to be revived in a matter of days, although it also looks certain to be completely overhauled under House-passed legislation that Senate Majority Leader Mitch McConnell reluctantly blessed in an about-face Sunday evening. With most senators opposed to extending current law unchanged, even for a short time, McConnell said the House bill was the only option left other than letting the program die off entirely. The Senate voted 77-17 to move ahead on the House-passed bill.

But no final action was expected before Sunday’s midnight deadline after McConnell’s fellow Kentucky Republican Sen. Rand Paul served notice that he would assert his prerogatives under Senate rules to delay a final vote for several days.

“This is what we fought the revolution over, are we going to so blithely give up our freedom? … I’m not going to take it anymore,” Paul declared on the Senate floor, as supporters wearing red “Stand With Rand” T-shirts packed the spectator gallery. (Read more from “Patriot Act Showdown: Surveillance Powers Lapse With No Deal in Senate” HERE)

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Pressure on US Senate to Act Before NSA Spy Programs Expire

By Michael Mathes. CIA chief John Brennan warned Sunday that allowing vital surveillance programs to lapse could increase terror threats, as the US Senate scrambled to renew the controversial provisions hours before their expiration.

With key counterterrorism programs under threat of suspension at midnight Sunday, the top intelligence official made a final pitch for Senate action, arguing that the bulk data collection of telephone records of millions of Americans unconnected to terrorism has not abused civil liberties and only serves to safeguard citizens.

“This is something that we can’t afford to do right now,” Brennan said of allowing the counterterrorism provisions to expire at midnight Sunday.

“Because if you look at the horrific terrorist attacks and violence being perpetrated around the globe, we need to keep our country safe, and our oceans are not keeping us safe the way they did century ago,” he said on CBS talk show “Face the Nation.”

Brennan added that groups like Islamic State have followed the developments “very carefully” and are “looking for the seams to operate.” (Read more from this story HERE)

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NSA Testing Software that Identifies You By Your Smart Phone Swipe, Keystrokes

Photo Credit: WNDThe National Security Agency has tested the use of smartphone-swipe recognition technology, according to the tool’s manufacturer.

The mobile device feature, created by Lockheed Martin, verifies a user’s identity based on the swiftness and shape of the individual’s finger strokes on a touch screen. The technology is but one incarnation of handwriting-motion recognition, sometimes called “dynamic signature” biometrics, that has roots in the Air Force.

“Nobody else has the same strokes,” said John Mears, senior fellow for Lockheed IT and Security Solutions. “People can forge your handwriting in two dimensions, but they couldn’t forge it in three or four dimensions. Three is the pressure you put in, in addition to the two dimensions on the paper. The fourth dimension is time. The most advanced handwriting-type authentication tracks you in four dimensions.”

The biometric factors measured by Lockheed’s technology, dubbed “Mandrake,” are speed, acceleration and the curve of an individual’s strokes.

“We’ve done work with the NSA with that for secure gesture authentication as a technique for using smartphones,” Mears said. “They are actually able to use it.” (Read more from “NSA testing Software for Identifying You” HERE)

Former NSA Lawyer: Keeping Bulk Collection Was a Mistake, It was All VP Dick Cheney’s Fault

AP879019945768-1-e1431713059844-article-display-bThe Bush administration’s decision to keep bulk collection of domestic phone records a secret was a strategic mistake, former NSA Inspector General Joel Brenner told his former colleagues on Friday.

But in the aftermath of the 9/11 terrorist attacks, Vice President Dick Cheney’s office was so determined to assert untrammeled executive power that any internal debate about going public or telling Congress was “academic” at the time, said Brenner, who served as the agency’s in-house watchdog from 2002 to 2006.

Brenner published his prepared remarks Friday morning, just before delivering them at the National Security Agency headquarters at an event marking the 40th Anniversary of the Church Committee, the special congressional committee that exposed surveillance abuse and led to the passage of the 1978 Foreign Intelligence Surveillance Act (FISA).

Brenner concluded that the program blatantly violated FISA, and he recalled asking his NSA colleagues why the White House didn’t just go to Congress and get the law changed. But, he noted: “This was actually an academic question, because policy was being driven, and driven hard, by [Cheney legal counsel David] Addington, who detested the FISA statute.”

Brenner said bulk collection was a part of the now “mostly declassified” program called STELLAR WIND, which “was run directly by the Office of the Vice President and put under the direct personal control of the Vice President’s counsel, David Addington.” (Read more from “Former NSA Lawyer: Keeping Bulk Collection Was a Mistake” HERE)

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House Votes Overwhelmingly to End NSA’s Mass Collection of Phone Records

1000 (1)The House overwhelmingly passed a bipartisan bill Wednesday to dial back the once-secret National Security Agency program that collects and stores data from nearly every phone call or cellphone call dialed or received in the United States.

The bill passed 338-88, with both Democratic and Republican majorities determined to rein in a domestic intelligence program that sparked sharp concerns in Congress about violations of privacy and civil liberties.

The House bill faces a hurdle in the Senate, however, where GOP leaders are backing a bill to renew the controversial NSA program through 2020 either unchanged or with minor amendments.

Sen. Rand Paul, R-Ky., who is running for the Republican presidential nomination, has said he will filibuster if the Senate is asked to renew the bill without changes. Sen. Ron Wyden, D-Ore., another staunch opponent of the NSA program, has vowed to filibuster as well.

“The overwhelming vote in the House should send a strong signal to Senate Republican leaders that momentum is on the side of surveillance reform,” Sen. Patrick J. Leahy, D-Vt., who also opposes the current program, said in a statement. (Read more from “House Votes Overwhelmingly to End NSA’s Mass Collection of Phone Records” HERE)

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Iris Scanners, Widely Used by US Military, Could Be Coming to a Police Department Near You [+video]

military-iris-scannerIris scans could become part of a routine traffic stop, thanks to technology being developed by researchers at Pittsburgh’s Carnegie Mellon University that can grab an image from a distance of 40 feet. The technology would allow police to take an image the second a driver glances into the rear-view mirror.

“It’s no different than a camera taking a picture of you,” said Marios Savvides, a research professor at CMU’s computer engineering department and the director of the CyLab Biometrics Center. “You could be anywhere within a 6- to 12-meter radius and it will find you and zoom in and capture your iris.”

The technology would be a major development for iris biometric scanners, which have been hampered for years by accuracy at long distances. But adoption also would create legal questions by relying on technology that’s similar to the local license plate databases that have been in use in Virginia, California and other municipalities.

“It could be used surreptitiously,” said Jennifer Lynch, an attorney at the Electronic Frontier Foundation, which is monitoring the development of the technology. “That could lead to the ability of law enforcement officers to collect a person’s biometric information without their knowledge.”

The U.S. military has been using iris scan technology for more than a decade in the Middle East, in part to help determine who is authorized to enter military facilities in Iraq and Afghanistan. U.S. soldiers in combat zones often take a snapshot of an individual 6 inches from their face, at which point the data is uploaded to a wide-ranging database that includes everything from scar information and mug shot images to height and eye color data. (Read more from “Iris Scanners, Widely Used by US Military, Could Be Coming to a Police Department Near You” HERE)

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Airport Security Advances Clash With Privacy Issues

Photo Credit: NY Times

Photo Credit: NY Times

At a mock airport in an underground laboratory here at Northeastern University, students pretending to be passengers head through a security exit in the right direction, while a young man enters going the wrong way. On a nearby computer screen, a newly developed video surveillance software program flags the wayward person and sounds an alarm.

In a lab across the street, researchers are developing a new way to detect explosives using radar.

Just down the hall, a professor and a team of students are working on a scanning system that they hope will speed up security lines. The system uses machines installed in walls or other places to scan passengers as they walk past instead of having them walk individually into a conventional scanning machine.

“The goal is to have a system that provides better scanning of individuals going through security, while at the same time making it more convenient,” said Jose Martinez Lorenzo, a professor of mechanical and industrial engineering, who is directing the project.

But the ambitious research in the name of passenger safety and easing air travel delays is colliding with pressure to protect privacy and to reduce federal spending. (Read more from “Airport Security Advances Clash With Privacy Issues” HERE)

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Emerging Privacy Threat: Automated Vehicle Occupancy Detection

watchersJournalists and transparency activists across the country have done a phenomenal job of shining light on how local law enforcement agencies use emerging technologies to surveil everyday people on a massive scale. It’s often like playing Whac-A-Mole and Go Fish at the same time. One day, the question may be whether police are using drones. The next, automatic license plate readers. After that, facial recognition or IMSI catchers (i.e. Stingrays) or Rapid DNA analyzers.

So many technical terms, so many acronyms. Unfortunately, we need to put yet another one your radar: Automated Vehicle Occupancy Detection, also known as Automated Vehicle Passenger Detection or Automated Vehicle Occupancy Verification.

For years, government agencies have chased technologies that would make it easier to ensure that vehicles in carpool lanes are actually carrying multiple passengers. Perhaps the only reason these systems haven’t garnered much attention is that they haven’t been particularly effective or accurate, as UC Berkeley researchers noted in a 2011 report.

Now, an agency in San Diego, Calif. believes it may have found the answer: the Automated Vehicle Passenger Detection system developed by Xerox. . .

Documents obtained by CBS 8 reporter David Gotfredson show that Xerox’s system uses two cameras to capture the front and side views of a car’s interior. Then “video analytics” and “geometric algorithms” are used to detect whether the seats are occupied. (Read more from “Emerging Privacy Threat: Automated Vehicle Occupancy Detection” HERE)

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Law Enforcement Using False Cell Phone Towers to Spy on Us, Destroying American Tradition of Open, Accountable Government [+video]

Photo Credit: Vox

Photo Credit: Vox

Did you know that law enforcement can track your cellphone with a fake cell tower? It’s true — and devices that do this, known as stingrays, are at the center of a growing scandal.

The FBI has done everything it could to keep the existence and use of stingrays a secret. Local law enforcement agencies are forced to sign nondisclosure agreements before they can use the devices. The FBI claims that revealing details about how the gadgets work would tip off criminals and terrorists, rendering them less effective.

But in recent months, civil liberties groups have steadily chipped away at the secrecy of these devices. We’ve learned that they’re used by dozens — and probably hundreds — of law enforcement agencies across the country, and that at least one agency has used them thousands of times.

Critics say the way these devices have been used violates the US Constitution, by tracking people’s locations without judicial oversight. And the secrecy surrounding the devices also appears to be hampering efforts to prosecute violent criminals, as prosecutors have dropped key evidence rather than discuss how it was obtained.

The extreme secrecy surrounding these devices is out of step with the American tradition of open and accountable government. Americans have a right to know that law enforcement spying has proper judicial oversight. And this kind of oversight is impossible if even basic information about the technology is kept under wraps. (Read more from “The Police Are Using False Cell Phone Towers to Spy on Us” HERE)

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Jeb Bush Praises Obama’s Expansion of Surveillance State; Congressman Massie Says “Hell, No!” [+video]

Jeb BushOne of the most glaring myths propagated by Washington — especially the two parties’ media loyalists — is that bipartisanship is basically impossible, that the two parties agree on so little, that they are constantly at each other’s throats over everything. As is so often the case for Washington partisan propaganda, the reality is exactly the opposite: from trade deals to Wall Street bailouts to a massive National Security and Penal State, the two parties are in full agreement on the bulk of the most significant D.C. policies (which is why the leading candidates of the two parties (from America’s two ruling royal families) will have the same funding base). But because policies that command the agreement of the two parties’ establishments are largely ignored by the D.C. press in favor of the issues where they have some disagreements, the illusion is created that they agree on nothing.

To illustrate how true this all is, consider the comments today of leading GOP presidential candidate Jeb Bush. He appeared on Michael Medved’s conservative talk radio program, and was asked by the host what his favorite part of the Obama administration has been. His answer? As McClatchy’s Lesley Clark noted on Twitter, Bush hailed “Obama’s enhancement of NSA.” The audio was first posted by Ian Hanchett and is embedded below; here is the full transcript of the exchange:

Medved: If you were to look back at the last seven years, almost, what has been the best part of the Obama administration?

Jeb Bush: I would say the best part of the Obama administration would be his continuance of the protections of the homeland using the big metadata programs, the NSA being enhanced. Advancing this — even though he never defends it, even though he never openly admits it, there has been a continuation of a very important service, which is the first obligation, I think of our national government is to keep us safe. And the technologies that now can be applied to make that so, while protecting civil liberties are there. And he’s not abandoned them, even though there was some indication that he might.

(Read more from “Jeb Bush Praises Expansion of Surveillance State” HERE)

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Congressman Massie Hammers the Surveillance State, Seeks Repeal of the Patriot Act