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.
Read the rest
"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
." [theguardian.com] Read the rest
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. Read the rest
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. Read the rest
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.
Read the rest
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?
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." Read the rest
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? Read the rest
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
. Read the rest
"To followers of technology issues, there are many days when Microsoft and Google stand apart." Quite an understatement, but so begins a recent blog post by Microsoft's General Counsel and Legal/Corporate Affairs EVP Brad Smith
. Why are the two tech arch-enemies joining forces? "The Government’s continued unwillingness to permit us to publish sufficient data relating to Foreign Intelligence Surveillance Act (FISA) orders." Read the rest
Al Jazeera's newsroom in Doha, Qatar.
The US National Security Agency spied on Qatar-based broadcaster Al Jazeera, according to documents "seen by SPIEGEL," the German news agency today reports. "The US intelligence agency hacked into protected communication, a feat that was considered a particular success."
Read the rest
In the first half of 2013, agents of 74 different governments including our own
demanded the personal data related to about 38,000 Facebook users. About half of these demands came from authorities in the United States. Facebook "is the latest technology company to release figures on how often governments seek information about its customers," reports AP
, "Microsoft and Google have done the same. Read the rest
"Science, alone, can lay claim to a wealth of empirical evidence on the psychological effects of surveillance," writes Chris Chambers in the Guardian today
. "Studying that evidence leads to a clear conclusion and a warning: indiscriminate intelligence-gathering presents a grave risk to our mental health, productivity, social cohesion, and ultimately our future." Read the rest
Ars Technica interviews Ladar Levison
, founder of the recently-shuttered secure-er email service. They focus on the logistics and architecture of fed snooping. Levison: "I don't know if I'm off my rocker, but 10 years ago, I think it would have been unheard of for the government to demand source code or to make a change to your source code or to demand your SSL key. What I've learned recently makes me think that's not as crazy an assumption as I thought." Read the rest
Laura Poitras, Marcel Rosenbach and Holger Stark have an (English-language) article in Der Spiegel today on Codename 'Apalachee,'
the secret program revealed in leaked National Security Agency documents tasked with surveilling Europe, the United Nations, and various foreign nations. The argument put forth by the Obama administration is the NSA's formidably vast spying capabilities are aimed at preventing terrorist attacks, but this latest revelation would seem to indicate otherwise
. Read the rest
If the police arrest you, can they poke around on your cellphone and capture the data it holds without a warrant? "Courts have been split on the question. Last week the Obama administration asked the Supreme Court to resolve the issue and rule
that the Fourth Amendment allows warrantless cellphone searches." [WaPo] Read the rest
Glenn Greenwald, left, with David Miranda, who was held for nine hours at Heathrow under schedule 7 of Britain's terror laws. Photograph: Ricardo Moraes/Reuters
The Guardian's editor-in-chief, Alan Rusbridger, explains that he is now forced to work on stories about the US National Security Administration from New York City, because UK intelligence officials went into the Guardian's headquarters and destroyed hard drives
that had copies of some of documents leaked by former NSA contractor Edward Snowden
Read the rest
"The top secret payments are set out in documents which make clear that the Americans expect a return on the investment, and that GCHQ has to work hard to meet their demands. 'GCHQ must pull its weight and be seen to pull its weight,' a GCHQ strategy briefing said." -The Guardian Read the rest