Jesselyn Radack, an attorney who represents NSA whistleblower Edward Snowden, was detained and interrogated while transiting customs at Heathrow airport in London. Kevin Gosztola reports:
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Rev. Martin Luther King and Malcolm X waiting for a press conference to begin. Both were the targets of covert US domestic surveillance operations, including COINTELPRO.
"February is Black History Month and that history is intimately linked with surveillance by the federal government in the name of 'national security," writes Nadya Kayyali at an Electronic Frontier Foundation blog post
"Indeed, the history of surveillance in the African-American community plays an important role in the debate around spying today and in the calls for a congressional investigation into that surveillance. Days after the first NSA leaks emerged last June, EFF called for a new Church Committee. We mentioned that Dr. Martin Luther King, Jr., was one of the targets of the very surveillance that eventually led to the formation of the first Church Committee."
"This Black History Month, we should remember the many African-American activists who were targeted by intelligence agencies. Their stories serve as cautionary tales for the expanding surveillance state.
Read: The History of Surveillance and the Black Community. [EFF.org]
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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"In nominating Vice Adm. Michael S. Rogers as the new director of the National Security Agency on Thursday, President Obama chose a recognized expert in the new art of designing cyberweapons, but someone with no public track record in addressing the kinds of privacy concerns that have put the agency under a harsh spotlight." Read the full New York Times article here
An octocopter drone hovers in front of vapor trails left by aircrafts during a demonstration. REUTERS/Srdjan Zivulovic
In California, state assembly lawmakers approved a number of bills today, including a measure to limit how law enforcement and public agencies can use drones:
The bill, by Assemblymembers Jeff Gorell (R-Camarillo), Steven Bradford (D-Gardena) and Bill Quirk (D-Hayward), would require public agencies to destroy data collected by drones within six months and would ban the weaponization of drones in California.
It also would require law enforcement to obtain a warrant to use a drone, except in certain emergency situations.
More: California Assembly approves limits on drones, paparazzi - latimes.com.
Kevin Poulsen at Wired News
: "While investigating a hosting company known for sheltering child porn last year the FBI incidentally seized the entire e-mail database of a popular anonymous webmail service called TorMail. Now the FBI is tapping that vast trove of e-mail in unrelated investigations." [Threat Level]
There seems to be a new talking point from government officials since a federal judge ruled NSA surveillance is likely unconstitutional last week: if Edward Snowden thinks he's a whistleblower, he should come back and stand trial.
National Security Advisor Susan Rice said on 60 Minutes Sunday, “We believe he should come back, he should be sent back, and he should have his day in court.” Former CIA deputy director Mike Morell made similar statements this weekend, as did Rep. Mike Rogers (while also making outright false claims about Snowden at the same time). Even NSA reform advocate Sen. Mark Udall said, "He ought to stand on his own two feet. He ought to make his case. Come home, make the case that somehow there was a higher purpose here.”
These statements belie a fundamental misunderstanding about how Espionage Act prosecutions work.
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Former director of the U.S. Central Intelligence Agency James Woolsey at the Conservative Political Action Conference, 2011. REUTERS/Jonathan Ernst
“I think giving [NSA leaker Edward Snowden] amnesty is idiotic. He should be prosecuted for treason. If convicted by a jury of his peers, he should be hanged by his neck until he is dead."
Former CIA Director James Woolsey, speaking to Faux News with former Chairman of the Joint Chiefs of Staff Gen. Hugh Shelton.
Judge Richard Leon (dcd.uscourts.gov)
In the nation's capital today, a federal judge has ruled that the National Security Agency
's program of bulk phone record collection violates the reasonable expectation of privacy guaranteed to Americans by the Constitution. The judge ordered the federal government to stop gathering call data on two plaintiffs, and to destroy all previously-collected records of their call histories.
The ruling by Judge Richard Leon (PDF Link), a US district judge in the District of Columbia, is stayed pending a likely appeal--which may take months. In his 68-page memorandum, Leon wrote that the NSA's vast collection of Americans' phone metadata constitutes an unreasonable search or seizure under the Fourth Amendment.
"Father of the Constitution" James Madison would be “aghast” at the NSA's actions if he were alive today, wrote Leon.
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"Congressman Jim Sensenbrenner, who worked with president George W. Bush to give more power to US intelligence agencies after the September 11 terrorist attacks, said the intelligence community had misused those powers by collecting telephone records on all Americans, and claimed it was time 'to put their metadata program out of business
Four senators working on efforts to limit US government spying programs have announced a comprehensive package of surveillance reforms
"The draft bill represented the first sign that key Republican and Democratic figures in the Senate are beginning to coalesce around a raft of proposals to roll back the powers of the National Security Agency in the wake of top-secret disclosures made by whistleblower Edward Snowden." [theguardian.com]
A bipartisan group of lawmakers including Senators Ron Wyden (D-Ore.), Mark Udall (D-Colo.), Richard Blumenthal (D-Conn.) and Rand Paul (R-Ky.) are leading the efforts. Read more at Wyden's website.
During the Cold War, the CIA sent cats outfitted with electronic gear to eavesdrop on the enemy. This and other amazing stories in BB pal Tom Vanderbilt's excellent Smithsonian feature "The CIA’s Most Highly-Trained Spies Weren’t Even Human." Tom's guide through this strange history was Bob Bailey who trained dolphins, chickens, and the aforementioned cats, all for the military.
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Trevor Timm of EFF.org and FPF working with John on this op-ed, a few weeks ago. Photo: XJ.
Activist and filmmaker John Cusack, in the Guardian, asks if US attorney general Eric Holder will guarantee the first amendment rights of American journalists like Glenn Greenwald and Laura Poitras, who have reported on information from NSA whistleblower Edward Snowden, and fear detainment or harassment if they return to the United States:
[W]e learned a few days later that the United States had been given a "heads up" by their British counterparts that they were planning on detaining Miranda. The US government did not lift a finger to stop this blatant attack on journalism and press freedom – even as it has been moving heaven and earth to bring Edward Snowden back to the US. That should be a scandal in its own right.
Now, the US owes its citizens and the international community another "heads up": on whether the United States will do the same to journalists working on NSA stories who are entering the United States. Put simply, will Attorney General Eric Holder, the US State Department, and the FBI promise safe passage to journalists, their spouses and loved ones, and vow not to interfere with their reporting on these NSA stories?
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Over at Wired.com, David Kravets writes about an order
by a Foreign Intelligence Surveillance Court (FISC) judge demanding that the US government begin to declassify its opinions related to the Patriot Act. The order "means the government likely will have to make public opinions surrounding the court’s legal interpretations of Section 215 of the Patriot Act," a controversial provision that allows FISC "to authorize broad warrants for most any type of 'tangible' records, including those held by banks, doctors and phone companies."
Over at Forbes, Kashmir Hill has an item
about an electronics tinkerer who goes by the nom de net Puking Monkey. Stranger than his handle, his discovery
: the RFID-enabled EZ Pass (automatic toll paying system) affixed to his car was being read all over New York City, as he drove around. Not just at toll booths. For what purpose? And, is this a violation of reasonable privacy expectations, in the most heavily surveilled city in the US?
The Internet company Yahoo! has released a Transparency Report today
, detailing the requests it receives for user information from government agencies. Yahoo said today it received 12,444 requests for data from the U.S. government so far this year, covering the accounts of a total 40,322 users. Some good analysis at WaPo