EFF makes DoJ admit it lied in court about FBI secret warrants

Department of Justice lawyers told a judge that when the FBI gives one of its secret National Security Letters to a company, the company is allowed to reveal the NSL's existence and discuss its quality -- it lied.

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FBI secretly seeking legal power to hack any computer, anywhere


The Bureau is seeking a rule-change from the Administrative Office of the US Courts that would give it the power to distribute malware, hack, and trick any computer, anywhere in the world, in the course of investigations; it's the biggest expansion of FBI spying power in its history and they're hoping to grab it without an act of Congress or any public scrutiny or debate.

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WATCH: FBI has chat with YouTuber for filming in Speedo on plane

YouTube star Jerome Jarre decided to have some fun on a flight to Miami, so he slipped into a silly swimming outfit in the lavatory and filmed the hijinks. After being threatened with jail, he had a little talk with the FBI.

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FBI chief demands an end to cellphone security

If your phone is designed to be secure against thieves, voyeurs, and hackers, it'll also stop spies and cops. So the FBI has demanded that device makers redesign their products so that they -- and anyone who can impersonate them -- can break into them at will.

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Aaron Swartz's FBI and Secret Service files

A large and very up-to-date archive of Aaron's government files, extracted through Freedom of Information Act requests.

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Meet the spooky tech companies getting rich by making NSA surveillance possible


Wildly profitable companies like Neustar, Subsentio, and Yaana do the feds' dirty work for them, slurping huge amounts of unconstitutionally requisitioned data out of telcos' and ISPs' data-centers in response to secret, sealed FISA warrants -- some of them publicly traded, too, making them a perfect addition to the Gulag Wealth Fund.

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FBI's 83-page glossary of leetspeak

Muckrock filed a FOI request for the FBI's list of Twitter slang and "leetspeak" and got back an insane, 83-page glossary of terms that the Feebs use to spy on the kids (think "AYFKMWTS") (via Sean Bonner)

FBI to reverse no-recording policy for interrogations of suspects in custody

Reuters


Reuters

Since its inception in 1908, the FBI has prohibited audio or visual recordings of statements made by criminal suspects, unless agents obtain special approval. "Now, after more than a century, the U.S. Department of Justice has quietly reversed that directive by issuing orders May 12 that video recording is presumptively required for interrogations of suspects in custody, with some exceptions."

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Kafka, meet Orwell: Lavabit's founder explains why he shut down his company

Writing in the Guardian, Lavabit founder Ladar Levison recounts the events that led to his decision to shutter his company in August 2013. Lavabit provided secure, private email for over 400,000 people, including Edward Snowden, and the legal process by which the FBI sought to spy on its users is a terrifying mix of Orwell -- wanting to snoop on all 400,000 -- and Kafka -- not allowing Levison legal representation and prohibiting him from discussing the issue with anyone who might help him navigate the appropriate law.

Levison discloses more than I've yet seen about the nature of the feds' demands, but more important are the disclosures about the legal shenanigans he was subjected to. In fact, his description of the legal process is a kind of bas relief of the kind of legal services that those of us fighting the excesses of the global war on terror might need: a list of attorneys who are qualified to represent future Lavabits, warrant canaries for the services we rely upon; and, of course, substantive reform to the judicial processes laid out in the Patriot Act.

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State Dept launches 'Free the Press' campaign while DOJ asks Supreme Court to force NYT's James Risen to jail

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The US State Department announced the launch of its third annual "Free the Press" campaign today, which will purportedly highlight "journalists or media outlets that are censored, attacked, threatened, or otherwise oppressed because of their reporting." A noble mission for sure. But maybe they should kick off the campaign by criticizing their own Justice Department, which on the very same day, has asked the Supreme Court to help them force Pulitzer Prize winning New York Times reporter James Risen into jail.

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Hacker and FBI informant Sabu, aka Hector Monsegur, linked to cyberattacks abroad

Sabu.


Sabu.

From the NYT: "An informant working for the F.B.I. coordinated a 2012 campaign of hundreds of cyberattacks on foreign websites, including some operated by the governments of Iran, Syria, Brazil and Pakistan, according to documents and interviews with people involved in the attacks." The informant was Sabu; his helper Jeremy Hammond.

FBI recommended felony counts against Joe Arpaio's cronies


The FBI has turned over a redacted set of documents from its investigative archives related to Maricopa County, Arizona sheriff Joe Arpaio, a notorious strong-man whose antics have cost the taxpayers millions in civil suit settlements for actions ranging from racial profiling to stealing a defendant's paperwork in open court to arresting newspaper owners who refused to turn over readers' identities to torching a house and killing a puppy in the process of investigating traffic citations.

The FBI archives, which go back to 2008, reveal that the Bureau recommended that some or all of former County Attorney Andrew Thomas, Arpaio and his officers be indicted for felony counts of "obstructing criminal investigations of prosecutions, theft by threats, tampering with witnesses, perjury and theft by extortion." This recommendation was ignored by federal prosecutors, who concluded that there was not enough evidence to proceed.

County officials who tried to rein in Arpaio have had their offices swept for bugs, believing that Arpaio's regime engages in dirty tricks and illegal wiretapping against local politicians that are hostile to his tactics. Arpaio's office filed several charges against hostile local politicians, none of which led to convictions (by contrast, Arpaio's friendly county attorney Andrew Thomas was unable to get reelected and was eventually barred from practicing law altogether).

Arpaio's bid to quash the FBI investigation and his campaign against local politicians have cost Arizona taxpayers over $44M to date.

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"A reason to hang him": how mass surveillance, secret courts, confirmation bias and the FBI can ruin your life


Brandon Mayfield was a US Army veteran and an attorney in Portland, OR. After the 2004 Madrid train bombing, his fingerprint was partially matched to one belonging to one of the suspected bombers, but the match was a poor one. But by this point, the FBI was already convinced they had their man, so they rationalized away the non-matching elements of the print, and set in motion a train of events that led to Mayfield being jailed without charge; his home and office burgled by the FBI; his client-attorney privilege violated; his life upended.

At every turn, the FBI treated evidence that contradicted their theory as evidence that confirmed it. Mayfield's passport had expired and he couldn't possibly have been in Madrid? Proof that he was a terrorist: he must be using his connections with Al Qaeda to get false papers so that his own passport isn't recorded as crossing any borders. Mayfield starts to freak out once he realizes he's under surveillance? Aha! Only the guilty worry about having their homes burgled by G-men!

The FBI was so sure of their theory that they lied to a judge during their campaign against him. His story is the perfect embodiment of "confirmation bias" -- the tendency of human beings to give undue weight to evidence that confirms their existing belief and to discount evidence that rebuts it. Confirmation bias is one of the underappreciated problems of mass surveillance: gather enough facts about anyone's life and you can find facts that confirm whatever theory you have about them.

Or, as Cardinal De Richelieu said: "If you give me six lines written by the hand of the most honest of men, I will find something in them which will hang him." This line is the epitaph in my story Scroogled (here's Wil Wheaton's reading of it), about the risks of automated, unaccountable attributions of guilt based on algorithms that are not subject to scrutiny. But as bad as the automated attribution as guilt can be, it's nothing compared to the directed attribution of guilt from cops who are absolutely sure that they have their man.

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Guilty plea in Fox News leak case shows why Espionage Act prosecutions are unfair to reporters' sources


Stephen Jin-Woo Kim. Image: Stephen Kim Legal Defense Trust.

Former State Department official Stephen Kim announced today he will plead guilty to leaking classified information to Fox News journalist James Rosen and will serve 13 months in jail.

The case sparked controversy last year when it was revealed the Justice Department named Rosen a “co-conspirator” in court documents for essentially doing his job as a journalist. But a largely ignored ruling in Kim’s case may have far broader impact on how sources interact with journalists in the future.

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