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New Police Radars Can See Inside Homes

Photo Credit: USA Today
At least 50 U.S. law enforcement agencies have secretly equipped their officers with radar devices that allow them to effectively peer through the walls of houses to see whether anyone is inside, a practice raising new concerns about the extent of government surveillance.

Those agencies, including the FBI and the U.S. Marshals Service, began deploying the radar systems more than two years ago with little notice to the courts and no public disclosure of when or how they would be used. The technology raises legal and privacy issues because the U.S. Supreme Court has said officers generally cannot use high-tech sensors to tell them about the inside of a person’s house without first obtaining a search warrant.

The radars work like finely tuned motion detectors, using radio waves to zero in on movements as slight as human breathing from a distance of more than 50 feet. They can detect whether anyone is inside of a house, where they are and whether they are moving.

Current and former federal officials say the information is critical for keeping officers safe if they need to storm buildings or rescue hostages. But privacy advocates and judges have nonetheless expressed concern about the circumstances in which law enforcement agencies may be using the radars — and the fact that they have so far done so without public scrutiny.

“The idea that the government can send signals through the wall of your house to figure out what’s inside is problematic,” said Christopher Soghoian, the American Civil Liberties Union’s principal technologist. “Technologies that allow the police to look inside of a home are among the intrusive tools that police have.” (Read more about the radars being able to see inside homes HERE)

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The Castle Under Siege

Photo Credit: Alexander HunterThe First, Second and Fourth Amendments to the Constitution aren’t much admired by liberals, or “progressives,” or whatever they’re calling themselves this month. Free speech is restrained by speech codes, President Obama’s disdain for the right to bear arms is well known, and the government’s electronic snooping has shredded the guarantees against self-incrimination.

Now even the Third Amendment, which guarantees that “no soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law,” is endangered, too. The courts have rarely considered this iron prohibition on quartering of troops, but now they must.

Two years ago, Christopher Worley, a police officer in Henderson, Nev., called on Anthony Mitchell to ask whether police could use the Mitchell home to keep watch on a neighbor. Mr. Mitchell declined. Soon he heard pounding on the front door. Henderson police officers arrived with orders from their superiors: “If Mitchell refused to answer the door, force entry would be made, and Mitchell would be arrested.” The door was battered down, and Mr. Mitchell was arrested at gunpoint for “obstructing an officer.” The frightened family dog was shot.

The Mitchell family sued, asking the U.S. District Court for Nevada to hold the cities of Henderson and North Las Vegas in violation of their constitutional rights when police seized their home and used it for a sting operation against a neighbor.

Read more from this story HERE.

Wake up America, the Fourth Amendment is Dead: NSA Taps into Email, Google, Facebook, and ALL Phone Companies

Photo Credit: AP

NSA taps in to systems of Google, Facebook, Apple and others, secret files reveal

By Glenn Greenwald and Ewen MacAskill. The National Security Agency has obtained direct access to the systems of Google, Facebook, Apple and other US internet giants, according to a top secret document obtained by the Guardian.

The NSA access is part of a previously undisclosed program called PRISM, which allows officials to collect material including search history, the content of emails, file transfers and live chats, the document says.

The Guardian has verified the authenticity of the document, a 41-slide PowerPoint presentation – classified as top secret with no distribution to foreign allies – which was apparently used to train intelligence operatives on the capabilities of the program. The document claims “collection directly from the servers” of major US service providers.

Although the presentation claims the program is run with the assistance of the companies, all those who responded to a Guardian request for comment on Thursday denied knowledge of any such program.

In a statement, Google said: “Google cares deeply about the security of our users’ data. We disclose user data to government in accordance with the law, and we review all such requests carefully. From time to time, people allege that we have created a government ‘back door’ into our systems, but Google does not have a back door for the government to access private user data.” Read more from this story HERE.

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Documents: U.S. mining data from 9 leading Internet firms; companies deny knowledge

By Barton Gellman and Laura Poitras. The National Security Agency and the FBI are tapping directly into the central servers of nine leading U.S. Internet companies, extracting audio and video chats, photographs, e-mails, documents, and connection logs that enable analysts to track foreign targets, according to a top-secret document obtained by The Washington Post.

The program, code-named PRISM, has not been made public until now. It may be the first of its kind. The NSA prides itself on stealing secrets and breaking codes, and it is accustomed to corporate partnerships that help it divert data traffic or sidestep barriers. But there has never been a Google or Facebook before, and it is unlikely that there are richer troves of valuable intelligence than the ones in Silicon Valley.

Equally unusual is the way the NSA extracts what it wants, according to the document: “Collection directly from the servers of these U.S. Service Providers: Microsoft, Yahoo, Google, Facebook, PalTalk, AOL, Skype, YouTube, Apple.”

PRISM was launched from the ashes of President George W. Bush’s secret program of warrantless domestic surveillance in 2007, after news media disclosures, lawsuits and the Foreign Intelligence Surveillance Court forced the president to look for new authority.

Congress obliged with the Protect America Act in 2007 and the FISA Amendments Act of 2008, which immunized private companies that cooperated voluntarily with U.S. intelligence collection. PRISM recruited its first partner, Microsoft, and began six years of rapidly growing data collection beneath the surface of a roiling national debate on surveillance and privacy. Late last year, when critics in Congress sought changes in the FISA Amendments Act, the only lawmakers who knew about PRISM were bound by oaths of office to hold their tongues. Read more from this story HERE.

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Photo Credit: Guardian

Welcome to the Bush-Obama White House: They’re Spying on Us

By Ron Fournier. Welcome to the era of Bush-Obama, a 16-year span of U.S. history that will be remembered for an unprecedented erosion of civil liberties and a disregard for transparency. On the war against a tactic—terrorism—and its insidious fallout, the United States could have skipped the 2008 election.

It made little difference.

Despite his clear and popular promises to the contrary, President Obama has not shifted the balance between security and freedom to a more natural state—one not blinded by worst fears and tarred by power grabs. If anything, things have gotten worse.

*Killing civilians and U.S. citizens via drone.
*Seizing telephone records at the Associated Press in violation of Justice Department guidelines.
*Accusing a respected Fox News reporter of engaging in a conspiracy to commit treason for doing his job.
*Detaining terrorist suspects at Guantanamo Bay, despite promises to end the ill-considered Bush policy.

Even the IRS scandal, while not a matter of foreign policy, strikes at the heart of growing concerns among Americans that their privacy is government’s playpen. Read more from this story HERE.

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NSA Whistleblowers: Spying Operation Has Been In Place For Years, Involves All Major U.S. Phone Companies

By Peter Svensson. Former employees of the National Security Agency say the publishing of a court order asking Verizon to hand over all its phone calling records for a three-month period opens a new window on an operation that has been in place for years and involves all major U.S. phone companies.

“NSA has been doing all this stuff all along, and it’s been all these companies, not just one” William Binney told news program Democracy Now on Thursday. “They’re just continuing the collection of this data on all U.S. citizens.”

Binney, who worked at the NSA for almost 40 years, left the agency after the attacks of 9/11 because he objected to the expansion of its surveillance of U.S. citizens.

British newspaper The Guardian late Wednesday released an order from the secret Foreign Intelligence Surveillance Court, requesting Verizon to give the NSA the details on every phone call on its landline and wireless networks on a daily basis between April 25 and July 19.

Binney estimates that the NSA collects records on 3 billion calls per day. Read more from this story HERE.


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Photo Credit: AP

U.S. Collects Vast Data Trove

By Siobhan Gorman, Evan Perez and Janet Hook. The National Security Agency’s monitoring of Americans includes customer records from the three major phone networks as well as emails and Web searches, and the agency also has cataloged credit-card transactions, said people familiar with the agency’s activities.

The disclosure this week of an order by a secret U.S. court for Verizon Communications Inc.’s VZ +3.46% phone records set off the latest public discussion of the program. But people familiar with the NSA’s operations said the initiative also encompasses phone-call data from AT&T Inc. T +1.56% and Sprint Nextel Corp., S +1.94% records from Internet-service providers and purchase information from credit-card providers.

The agency is using its secret access to the communications of millions of Americans to target possible terrorists, said people familiar with the effort.

The NSA’s efforts have become institutionalized—yet not so well known to the public—under laws passed in the wake of the Sept. 11, 2001, attacks. Most members of Congress defended them Thursday as a way to root out terrorism, but civil-liberties groups decried the program. Read more from this story HERE.

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NSA Whistleblowers’ startling claims: Records on 3 billion calls collected per day – and it’s not just Verizon

Photo Credit: AP

By Jason Howerton. The government knows who you’re calling.

Every day. Every call.

Former employees of the National Security Agency say the publishing of a court order asking Verizon to hand over all its phone calling records for a three-month period opens a new window on an operation that has been in place for years and involves all major U.S. phone companies.

“NSA has been doing all this stuff all along, and it’s been all these companies, not just one,” William Binney told news program Democracy Now on Thursday. “They’re just continuing the collection of this data on all U.S. citizens.”

Binney, who worked at the NSA for almost 40 years, left the agency after the attacks of 9/11 because he objected to the expansion of its surveillance of U.S. citizens. Read more from this story HERE.

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Scope of phone records seizure causes alarm; data collection goes beyond Verizon

By Dave Boyer. The Obama administration on Thursday defended its secret seizure of the phone records of millions of U.S. citizens as part of counterterrorism efforts, while privacy advocates blasted the move as illegal and a debate erupted in Congress over the intended scope of a key surveillance law.

The revelation that the National Security Agency has been collecting phone records from Verizon Communications of all calls within the U.S. and to sources overseas raised accusations that President Obama is running a police state, in spite of his 2008 campaign promise to expand civil liberties while prosecuting the war on terror differently from his Republican predecessor.

On Thursday, the scope of the records seizure apparently expanded as former government officials familiar with the details of the domestic spying said more phone companies likely are involved and lawmakers said the court order is a routine three-month update of an ongoing program.

But a White House official said such domestic surveillance is a “critical tool in protecting the nation from terror threats.”

“It allows counterterrorism personnel to discover whether known or suspected terrorists have been in contact with other persons who may be engaged in terrorist activities, particularly people located inside the United States,” said White House deputy press secretary Joshua Earnest. Read more from this story HERE.

Leahy Scuttles His Warrantless E-mail Surveillance Bill

Sen. Patrick Leahy has abandoned his controversial proposal that would grant government agencies more surveillance power — including warrantless access to Americans’ e-mail accounts — than they possess under current law.

The Vermont Democrat said today on Twitter that he would “not support such an exception” for warrantless access. The remarks came a few hours after a CNET article was published this morning that disclosed the existence of the measure.

A vote on the proposal in the Senate Judiciary committee, which Leahy chairs, is scheduled for next Thursday. The amendments were due to be glued onto a substitute (PDF) to H.R. 2471, which the House of Representatives already has approved.

Leahy’s about-face comes in response to a deluge of criticism today, including the American Civil Liberties Union saying that warrants should be required, and the conservative group FreedomWorks launching a petition to Congress — with more than 2,300 messages sent so far — titled: “Tell Congress: Stay Out of My Email!”

A spokesman for the senator did not respond to questions today from CNET asking for clarification of what Leahy would support next week.

Read more from this story HERE.

US Senate to Vote on Outrageous Bill to Allow Fed’s to Read Your Email Without a Warrant

leahyA Senate proposal touted as protecting Americans’ e-mail privacy has been quietly rewritten, giving government agencies more surveillance power than they possess under current law.

CNET has learned that Patrick Leahy, the influential Democratic chairman of the Senate Judiciary committee, has dramatically reshaped his legislation in response to law enforcement concerns. A vote on his bill, which now authorizes warrantless access to Americans’ e-mail, is scheduled for next week.

Leahy’s rewritten bill would allow more than 22 agencies — including the Securities and Exchange Commission and the Federal Communications Commission — to access Americans’ e-mail, Google Docs files, Facebook wall posts, and Twitter direct messages without a search warrant. It also would give the FBI and Homeland Security more authority, in some circumstances, to gain full access to Internet accounts without notifying either the owner or a judge. (CNET obtained the revised draft from a source involved in the negotiations with Leahy.)

It’s an abrupt departure from Leahy’s earlier approach, which required police to obtain a search warrant backed by probable cause before they could read the contents of e-mail or other communications. The Vermont Democrat boasted last year that his bill “provides enhanced privacy protections for American consumers by… requiring that the government obtain a search warrant.”

Leahy had planned a vote on an earlier version of his bill, designed to update a pair of 1980s-vintage surveillance laws, in late September. But after law enforcement groups including the National District Attorneys’ Association and the National Sheriffs’ Association organizations objected to the legislation and asked him to “reconsider acting” on it, Leahy pushed back the vote and reworked the bill as a package of amendments to be offered next Thursday. The package (PDF) is a substitute for H.R. 2471, which the House of Representatives already has approved.

Read more from this story HERE.

Court OKs Warrantless Use of Hidden Surveillance Cameras on Private Property

photo credit: fonstokPolice are allowed in some circumstances to install hidden surveillance cameras on private property without obtaining a search warrant, a federal judge said yesterday.

CNET has learned that U.S. District Judge William Griesbach ruled that it was reasonable for Drug Enforcement Administration agents to enter rural property without permission — and without a warrant — to install multiple “covert digital surveillance cameras” in hopes of uncovering evidence that 30 to 40 marijuana plants were being grown.

This is the latest case to highlight how advances in technology are causing the legal system to rethink how Americans’ privacy rights are protected by law. In January, the Supreme Court rejected warrantless GPS tracking after previously rejecting warrantless thermal imaging, but it has not yet ruled on warrantless cell phone tracking or warrantless use of surveillance cameras placed on private property without permission.

Yesterday Griesbach adopted a recommendation by U.S. Magistrate Judge William Callahan dated October 9. That recommendation said that the DEA’s warrantless surveillance did not violate the Fourth Amendment, which prohibits unreasonable searches and requires that warrants describe the place that’s being searched.

“The Supreme Court has upheld the use of technology as a substitute for ordinary police surveillance,” Callahan wrote.

Read more from this story HERE.

Obama Admin. Arguing It’s Legal To Track Citizens’ Every Movement Without A Warrant

The Obama administration told federal judges in New Orleans yesterday that warrantless tracking of the location of Americans’ mobile devices is perfectly legal.

Federal prosecutors are planning to argue that they should be able to obtain stored records revealing the minute-by-minute movements of mobile users over a 60-day period — in this case, T-Mobile and MetroPCS customers — without having to ask a judge to approve a warrant first.

The case highlights how valuable location data is for police, especially when it’s tied to devices that millions of people carry with them almost all the time. Records kept by wireless carriers can hint at or reveal medical treatments, political associations, religious convictions, and even whether someone is cheating on his or her spouse.

“It’s at a point now where the public awareness about this specific issue is growing,” says Hanni Fakhoury, a staff attorney at the Electronic Frontier Foundation who will be arguing the pro-privacy side before the Fifth Circuit Court of Appeals this morning.

Today’s oral arguments are remarkably timely: on Sunday, California Gov. Jerry Brown, a Democrat, vetoed (PDF) a bill that would have required law enforcement to obtain location warrants. And last week, Rep. Zoe Lofgren, a Democrat representing Silicon Valley, introduced pro-warrant federal legislation.

Read more from this story HERE.

FBI Launches $1 Billion Biometric ID System Using Nationwide Array of Cameras, Receivers

The US Federal Bureau of Investigation has begun rolling out its new $1 billion biometric Next Generation Identification (NGI) system. In essence, NGI is a nationwide database of mugshots, iris scans, DNA records, voice samples, and other biometrics, that will help the FBI identify and catch criminals — but it is how this biometric data is captured, through a nationwide network of cameras and photo databases, that is raising the eyebrows of privacy advocates.

Until now, the FBI relied on IAFIS, a national fingerprint database that has long been due an overhaul. Over the last few months, the FBI has been pilot testing a facial recognition system — and soon, detectives will also be able to search the system for other biometrics such as DNA records and iris scans. In theory, this should result in much faster positive identifications of criminals and fewer unsolved cases.

According to New Scientist, facial recognition systems have reached the point where they can match a single face from a pool of 1.6 million mugshots/passport photos with 92% accuracy, in under 1.2 seconds [PDF]. In the case of automated, biometric border controls where your face and corresponding mugshot are well lit, the accuracy approaches 100%. Likewise, where DNA or iris records exist, it’s a very expedient way of accurately identifying suspects…

Imagine if the NGI had full access to every driving license and passport photo in the country — and DNA records kept by doctors, and iris scans kept by businesses. The FBI’s NGI, if the right checks and balances aren’t in place, could very easily become a tool that decimates civilian privacy and freedom.

Read more from this story HERE.

We Don’t Need No Stinking Warrant: The Disturbing, Unchecked Rise of the Administrative Subpoena

When Golden Valley Electric Association of rural Alaska got an administrative subpoena from the Drug Enforcement Administration in December 2010 seeking electricity bill information on three customers, the company did what it usually does with subpoenas — it ignored them.

That’s the association’s customer privacy policy, because administrative subpoenas aren’t approved by a judge.

But by law, utilities must hand over customer records — which include any billing and payment information, phone numbers and power consumption data — to the DEA without court warrants if drug agents believe the data is “relevant” to an investigation. So the utility eventually complied, after losing a legal fight earlier this month.

Meet the administrative subpoena: With a federal official’s signature, banks, hospitals, bookstores, telecommunications companies and even utilities and internet service providers — virtually all businesses — are required to hand over sensitive data on individuals or corporations, as long as a government agent declares the information is relevant to an investigation. Via a wide range of laws, Congress has authorized the government to bypass the Fourth Amendment — the constitutional guard against unreasonable searches and seizures that requires a probable-cause warrant signed by a judge.

In fact, there are roughly 335 federal statutes on the books passed by Congress giving dozens upon dozens of federal agencies the power of the administrative subpoena, according to interviews and government reports.

Read more from this story HERE.

Ted Nugent: Feds Arresting Innocent Citizens Without Warrants

In an interview with Ted Nugent this week, the rock star talks about the “thousands” of cases of innocent Americans who have had their Fourth Amendment rights violated by state and federal law enforcement. He wants Romney to establish a commission to get to the bottom of it: