There are no effective legal limits on when and to whom police can disclose unproven charges against you, 911 calls involving mental health incidents, and similar sensitive and prejudicial information; people have been denied employment, been turned back at the US border and suffered many other harms because Ontario cops send this stuff far and wide.
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The NSA is supposed to be America's offshore spy agency, forbidden from spying on Americans. But as an important article by the Electronic Frontier Foundation's Nadia Kayyali points out, the FBI, DEA and other US agencies have closely integrated the NSA into their own efforts, using the NSA's mass surveillance to gather intelligence on Americans -- as Glenn Greenwald's No Place to Hide discloses, the NSA isn't a stand-alone agency, it is part of an overarching surveillance state.
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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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In the ACLU's new paper U.S. Government Watchlisting:
Unfair Process and Devastating Consequences [PDF], the group describes strange world of terrorist watchlists, including no-fly lists, where it's nearly impossible to discover if you're on a list, and nearly impossible to find out why you're on a list, and nearly impossible to get removed from a list. As the ACLU points out, this is Orwell by way of Kafka, where we're not allowed to know what surveillance is taking place or why surveillance is taking place -- and we're not allowed to know why we're not allowed to know.
The ACLU says that the national terrorism watchlist has 1.1 million names on it, and an AP report from 2012 found 21,000 people on the no-fly list. Recently, Rahinah Ibrahim became the first person to be officially, publicly removed from a no-fly list, after the government was forced to admit that she'd been placed there due to a bureaucratic error. All through the Ibrahim case, the government argued that disclosing any facts about her no-fly status would endanger national security, but ultimately it was obvious that the only potential risk was that the government's sloppiness would be disclosed. The state was willing to spend millions of dollars and ruin an innocent person's life rather than admitting that an FBI agent literally ticked the wrong box.
In the 13 years since 9/11, one person has managed to successfully challenge the system of secret and unaccountable watchlists. It's clear that she wasn't the only person who deserved to be removed, though. This is Big Data Kafka: the algorithm says you're guilty, and you're not allowed to see the data or the algorithm because it was not designed to work if the people who it judged knew about its parameters.
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Wade Hicks Jr. got a standby flight on an Air Force jet from Gulfport, Miss to visit his wife, a U.S. Navy lieutenant stationed in Japan. But when the jet set down in Hawai'i, he was not allowed to board it again. He had mysteriously been landed on the FBI's no-fly list, and was stranded in Hawai'i, unable to fly anywhere. Five days later, without comment, the FBI removed him from the list.
Those Feebs, huh?
From Audrey McAvoy in the AP:
"I said, `How am I supposed to get off this island and go see my wife or go home?' And her explanation was: `I don't know,'" Hicks said.
Hicks said he was shocked and thought they must have had the wrong person because he doesn't have a criminal record and recently passed an extensive background check in Mississippi to get a permit to carry a concealed weapon.
But the agent said his name, Social Security number and date of birth matched the person prohibited from flying, Hicks said. He wasn't told why and wondered whether his controversial views on the Sept. 11 terrorist attacks played a role. Hicks said he disagrees with the 9/11 Commission's conclusions about the attacks.
Don't worry, they're on it. Oh, wait:
A Homeland Security spokesman referred questions to the FBI Terrorist Screening Center, which maintains the report. A spokesman for the center declined to comment on Hicks' case. The government doesn't disclose who's on the list or why someone might have been placed on it.
No-fly list strands man in on island in Hawaii
(via Naked Capitalism)