NY state steps up surveillance on…kids
New York state authorities are planning to step-up surveillance – this time, on school kids. The program, which is to be launched state-wide, is supposed to gather information on students starting from the age of five. And as RT’s Marina Portnaya reports, the move is finding little support among parents.
AT&T’s First Transparency Report Reveals Warrantless Demands for Customer Data
By Matthew Cagle | ACLU | February 19, 2014
In the wake of our shareholder advocacy, AT&T has now joined Verizon and released its first transparency report. AT&T’s report shows how federal, state, and local governments have requested large volumes of customer information, typically without a warrant. While we welcome AT&T’s move, the American public remains in the dark about a lot of what’s happening behind the scenes. Greater transparency is still needed from AT&T and the federal government.
Here’s a breakdown of the many demands AT&T received in 2013. As we have long suspected, the vast majority of these demands lacked a warrant:
- AT&T received 301,816 demands related to criminal and civil litigation. Only 16,685 of these demands included a warrant based on probable cause.
- AT&T received 223,659 subpoenas for customer information. This is significantly more than the 164,184 subpoenas Verizon received during the same period.
- AT&T received 37,839 demands for location information. At least 21,000 of these demands lacked a warrant. AT&T’s full report says a warrant is “almost always required to obtain real-time location information.”
- AT&T also received 1,034 demands for “cell tower searches” last year, some of them compelling the company to identify the numbers of all phones that connected to a specific cell tower during a given period of time. Cell tower information is ripe for misuse—we know of at least one instance where a cell tower request was made for all phones within the vicinity of a planned labor protest.
AT&T also included information on national security requests (though, not the complete story):
- AT&T reported receiving between 2,000 and 3,000 National Security Letters (NSLs) from the federal government for customer information including name, address, length of service, and toll billing records. NSLs do not require prior approval from courts and the government has been criticized for misusing them. 4,000 to 4,999 AT&T customers were affected by NSLs last year. Note: Verizon has not yet revealed how many customers were affected by the NSLs it received.
- AT&T also released information about federal government demands for customer content under the Foreign Intelligence Surveillance Act (FISA), demands that may result in government access to the telephone and Internet communications of US citizens and persons abroad. For the first six months of 2013, AT&T received 0-999 requests for content that ultimately affected 35,000-35,999 customers. In fact, more AT&T customers were affected by FISA content requests in the first half of 2013 than the combined number of Facebook, Google, and Microsoft customers affected by the same sort of requests during that period.
- Unfortunately, the report omits important information on the metadata that the government reportedly obtains from AT&T under the call records program (currently being challenged by the ACLU in federal court). Phone metadata includes the phone numbers of parties to a conversation, a call’s duration, and device identifiers—information that can paint a very detailed picture of private lives. We know that the government justifies its access to phone metadata with a section of the FISA law, yet AT&T’s report states that only 0-999 customers were affected by such “non-content” requests. On its own, this lack of detail misleads the millions of AT&T customers whose phone metadata may be subject to these demands.
In addition to a clearer explanation of national security requests, we hope that AT&T’s future reports will also address the following shortcomings:
- The current report does not include the number of customers or individuals affected by all of the government demands. The company claims that it is “difficult” to tally this information.
- The report does not describe statistics on how often AT&T complies with demands.
- This report includes very limited information about demands from foreign governments.
AT&T’s transparency report, limited in what it reveals, also highlights just how essential it is for privacy laws to be updated in both the national security and law enforcement contexts. Technology has advanced exponentially and our privacy laws are still in the digital dark ages, enabling the government to engage in a largely unsupervised shopping spree of the personal data held by AT&T and other companies. This is why you should tell your member of Congress to support the USA Freedom Act and an update to the federal Electronic Communications Privacy Act. We also urge AT&T to play a larger role by pushing for greater transparency, including far more detail in its future reports, and advocating for stronger privacy protections.
Matthew Cagle is a Volunteer Attorney for Technology and Civil Liberties with the ACLU of Northern California.
Copyright 2014 American Civil Liberties Union of Northern California
Reprinted with permission of the American Civil Liberties Union of Northern California http://www.aclunc.org
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Meet Jack. Or, What The Government Could Do With That Location Data
ACLU
Law enforcement is taking advantage of outdated privacy laws to track Americans like never before. New technologies can record your every movement, revealing detailed information about how you choose to live your life. Without the right protections in place, the government can gain access to this information — and to your private life — with disturbing ease.
As long as it is turned on, your mobile phone registers its position with cell towers every few minutes, whether the phone is being used or not. Since mobile carriers are retaining location data on their customers, government officials can learn a tremendous amount of detailed personal information about you by accessing your location history from your cell phone company, ranging from which friends you’re seeing to where you go to the doctor to how often you go to church. The Justice Department and most local police forces can get months’ worth of this information, without you ever knowing — and often without a warrant from a judge.
You can do something here:
https://www.aclu.org/GPSAct
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US court rejects lawsuit challenging NYPD’s spying on Muslims
Press TV – February 21, 2014
A federal court in the United States has rejected a civil rights lawsuit challenging the New York Police Department’s spying activities against Muslims.
On Thursday, the court in Newark in the state of New Jersey ruled that the plaintiffs had failed to show that the NYPD’s intelligence unit had discriminated against Muslims by spying on mosques and other locations in New Jersey.
The 2012 lawsuit was the first to challenge the NYPD’s spying operations against Muslim groups and individuals in the US. It had accused the police of spying on Muslims at several mosques, restaurants and schools since 2002.
The plaintiffs “have not alleged facts from which it can be plausibly inferred that they were targeted solely because of their religion,” US District Judge William Martini wrote in the decision. “The more likely explanation for the surveillance was to locate budding terrorist conspiracies.”
“The police could not have monitored New Jersey for Muslim terrorist activities without monitoring the Muslim community itself,” the judge added.
The Center for Constitutional Rights, which represented the plaintiffs, warned that the ruling could give the green light to more spying on Muslims elsewhere in the US.
“In addition to willfully ignoring the harm that our innocent clients suffered from the NYPD’s illegal spying program, by upholding the NYPD’s blunderbuss Muslim surveillance practices, the court’s decision gives legal sanction to the targeted discrimination of Muslims anywhere and everywhere in this country, without limitation, for no other reason than their religion,” CCR Legal Director Baher Azmy said.
Saudi forces kill two anti-government protesters in Qatif
Al-Akhbar | February 20, 2014
A Saudi court has jailed seven protesters for up to 20 years for joining a demonstration and chanting anti-government slogans in the kingdom’s Eastern Province, local media reported Thursday.
The Eastern Province, where Qatif is located, was the site of frequent Shia-led protests between February 2011 and August 2012.
A specialized court in Riyadh on Wednesday sentenced the young defendants to between six and 20 years in prison and imposed travel bans of the same duration as their jail terms.
They were convicted of “taking part in protests,” “chanting slogans against the state,” and “possessing and making Molotov cocktails,” according to local newspapers.
The court in the ultra-conservative kingdom also sentenced one of the defendants to 80 lashes for consuming alcohol.
The defendants said they would appeal.
Protests first erupted in the province of eastern Saudi Arabia in March 2011. Since then 10 people have been killed in clashes with security forces.
The Eastern Province is home to many of the kingdom’s minority Shias, who have long complained of discrimination in a country that hews to the rigid Wahhabi school of Sunni Islam.
Shias say they are passed over for government jobs, that some of their neighborhoods lack investment afforded to Sunni districts and that powerful government-paid clerics publicly denigrate their faith. The authorities deny discrimination.
Fighting intensified after the arrest in July 2012 of Sheikh Nimr al-Nimr, considered to be a driving force behind the protests.
However, tensions eased in August that year when seven dignitaries from Qatif hailed a call by King Abdullah for the creation of a center for Sunni-Shia interfaith dialogue.
(AFP, Al-Akhbar)
Do We Care About People If They Live in Bahrain?
By David Swanson – February 17, 2014
I had a heck of a time making sense of the U.S. Navy’s new motto “A Global Force for Good” until I realized that it meant “We are a global force, and wherever we go we’re never leaving.”
For three years now people in the little island nation of Bahrain have been nonviolently protesting and demanding democratic reforms.
For three years now the king of Bahrain and his royal thugs have been shooting, kidnapping, torturing, imprisoning, and terrorizing nonviolent opponents. An opponent includes anyone speaking up for human rights or even “insulting” the king or his flag, which carries a sentence of 7 years in prison and a hefty fine.
For three years now, Saudi Arabia has been aiding the King of Bahrain in his crackdown on the people of Bahrain. A U.S. police chief named John Timoney, with a reputation for brutality earned in Miami and Philadelphia, was hired to help the Bahraini government intimidate and brutalize its population.
For three years now, the U.S. government has been tolerating the abuses committed by Bahrain and Saudi Arabia, continuing to sell weapons to Bahrain and Saudi Arabia, and continuing to dock the U.S. Navy’s Fifth Fleet in Bahrain. In fact, the U.S. military has recently announced big and pricey plans to expand its bases in Bahrain and add more ships.
For three years now, the U.S. government has continued to dump some $150 billion (with a ‘B’) each year into the U.S. Navy, a large portion of which goes for the maintenance of the Fifth Fleet in Bahrain. Withdrawing and disbanding that fleet would save that gargantuan expense. Retraining and re-employing in peaceful activities all personnel would cost a fraction of $150 billion. Providing aid to nonviolent pro-democracy activists in Bahrain would cost a tiny fraction of a fraction. Establishing a policy in the case of this one country of supporting human rights over brutal dictatorship would be, as they say, priceless. It would create a very useful model for a transformation of U.S. policy in numerous other nations as well.
Accurate and timely information about the horrors underway for the past three years in Bahrain are available online, via Western human rights groups, and via small back-page stories in U.S. newspapers. There’s little dispute over the general facts. Yet, there’s little outrage. There appears to have been no polling done of the U.S. public on the topic of Bahrain whatsoever, so it’s impossible to know what people think. But my impression is that most people have never heard of the place.
The U.S. government is not shouting about the need to bomb Bahrain to protect its people. Senators are not insisting on sanctions, sanctions, and more sanctions. There seems to be no crisis, no need for “intervention,” only the need to end an intervention we aren’t told about.
Which raises a tough question for people who give a damn. We’re able to reject a war on Iran or Syria when the question is raised on our televisions. But we can’t seem to stop drone strikes nobody tells us about. How do we create a question nobody is asking, about a topic nobody has heard of, and then answer it humanely and wisely? And how do we overcome the inevitable pretense that the Fifth Fleet serves some useful purpose, and that this purpose justifies a little teargas, a bit of torture, and some murders here and there?
The Fifth Fleet claims to be responsible for these nations: Afghanistan, Bahrain, Egypt, Iran, Iraq, Jordan, Kazakhstan, Kyrgyzstan, Lebanon, Oman, Pakistan, Qatar, Saudi Arabia, Syria, Tajikistan, Turkmenistan, United Arab Emirates, Uzbekistan, and Yemen. None of these nations have ships in U.S. waters claiming to be responsible for it. None of these nations’ peoples have indicated majority support for having the Fifth Fleet be responsible for them. Afghanistan has suffered under U.S. occupation for over a decade, with chaos and tyranny to follow. Egypt’s thugs are rising anew with steady U.S. support, money, and weaponry. Iran has threatened and attacked no other nation for centuries, has never had a nuclear weapons program, spends less than 1% what the U.S. does on its military, and moves away from democracy with every U.S. threat. Why not leave Iran alone? Iraq, Jordan, Qatar, Saudi Arabia, Yemen, and others of these nations, including Bahrain, suffer under the rule of U.S.-backed governments. One might reasonably add Israel and the lands it occupies to the list, even if the Navy cannot bring itself to mention them. Yemen and Pakistan suffer under the constant buzzing and missile launching of U.S. drones, which are creating far more enemies than they kill. In fact, not a single nation falling under the past 19 years of benevolent “responsibility” of the Fifth Fleet has clearly benefited in any way.
At a third annual conference recently held in Lebanon, Bahraini activists laid out a plan of action. It includes building international connections with people who care and are willing to help. It includes supporting the International Day to End Impunity on November 23rd. It includes pushing Bahrain to join the ICC, although that may be of little value until the U.S. can be persuaded to do the same and until the United Nations can be democratized. The plan includes calls for an end to weapons sales and the initiation of sanctions against the Bahraini government (not its people).
Those would certainly be good steps. The first question in my mind remains: do the people in the nation that screams most loudly about “freedom” and does the most to support its repression wherever deemed useful, care?
District Court Says DEA’s Warrantless Access Of Oregon’s Prescription Database Is Unconstitutional
By Tim Cushing | Techdirt | February 13, 2014
Early last year, the news surfaced that the DEA was bypassing Oregon state law by using administrative subpoenas to get around the state’s warrant requirement for drug prescription database access. “Administrative subpoenas” are yet another government tool that allows agencies to seek information that would normally require a warrant, but without the hassle of running it past a judge or even showing probable cause.
The DEA probably didn’t expect to encounter much resistance to its subpoenas. After all, drugs are bad and the DEA is fighting the good fight. But the state of Oregon wasn’t impressed with the DEA’s warrantless tactics and filed suit with the assistance of the ACLU. The ACLU is now reporting that a federal judge has ruled in its (and Oregon’s favor) and the DEA (along with other law enforcement entities) will no longer be able to skirt the state’s warrant requirement.
For the first time, a federal judge has ruled that patients have a reasonable expectation of privacy in their drug prescription records, and that law enforcement must obtain a warrant in order to search such information…
“This is a victory for privacy and for the constitutional rights of anyone who ever gets drug prescriptions,” said ACLU Staff Attorney Nathan Freed Wessler, who argued the case last month. “The ruling recognizes that confidential medical records are entitled to the full protection of the Fourth Amendment. The court rightly rejected the federal government’s extreme argument that patients give up their privacy rights by receiving medical treatment from doctors and pharmacists.”
As the ruling points out, citizens have long associated privacy with medical treatment, something that has gone hand-in-hand dating back to the 4th century B.C.E. and the origin of the Hippocratic Oath. It also points out the obvious: federal law itself (HIPAA) contains built-in privacy protections. (Hence the form you have to sign, the privacy info sheet you’re handed on every visit, and signs everywhere telling you to stand behind them for the privacy of the patient in front of you.)
The judge’s decision also notes that stripping away this expectation of privacy will have a chilling effect on those seeking medical care, something that could have very adverse effects on the health of people who might avoid seeking treatment because they fear their medical records will be exposed.
As the ACLU notes in its press release, it’s not exactly happy the state of Oregon has chosen to create a centralized database of drug prescriptions, but, if it is going to do so, it has at least chosen to take the privacy of those contained in the database very seriously.
This decision strikes a small blow against the government’s routine abuse of “exceptions” to warrant requirements as well as against its even more routine abuse of the “third party doctrine,” which the DEA actually used to claim that talking to a doctor is no different than dialing a phone. The DEA knows there’s a huge difference between these two “third parties” but applying that knowledge means showing probable cause and getting a judge to sign off on the warrant, two aspects it apparently feels only hampers its War on Drugs.
German Government Tries To Neuter FOI Requests By Refusing To Allow Responses To Be Published
By Glyn Moody | Techdirt | February 11, 2014
Freedom of information laws are one of the most powerful tools for holding governments to account. No wonder that every now and then, attempts are made to limit their effectiveness. Here’s an example from Germany, where the freedom of information (FOI) portal FragDenStaat.de asked for and received a five-page study written by government staff analyzing a ruling by the German constitutional court:
When the study in question was received from the Ministry of the Interior through an FOI request on FragDenStaat.de, the ministry prohibited publication of the document by claiming copyright. FragDenStaat.de has decided to publish the document anyway to take a stand against this blatant misuse of copyright. The government sent a cease and desist letter shortly after. The Open Knowledge Foundation Germany as the legal entity behind FragDenStaat.de is refusing to comply with the cease and desist order, and is looking forward to a court decision that will strengthen freedom of speech, freedom of the press and freedom of information rights in Germany.
Of course, if it were not possible to publish information received through FOI requests, the latter would become almost useless, as the German government doubtless well knows. So it’s great to see the Open Knowledge Foundation Germany fighting this attempt to undermine the entire FOI system there (donations gratefully received.) It’s also interesting to note how, once again, copyright is being deployed not as a means for promoting creativity, but as a weapon against openness and transparency.
Follow me @glynmoody on Twitter or identi.ca, and +glynmoody on Google+
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EU spending over $400m on secret drone project – Civil rights group
RT | February 12, 2014
The EU is investing hundreds of millions of taxpayer euros in the development of surveillance drones without political oversight, a report claims. The authors of the document warn the EU is secretly encouraging “the further militarization” of the region.
A report entitled ‘Eurodrones Inc.’ published by rights group Statewatch describes how the EU is channeling taxpayers’ money into surveillance drone projects without their knowledge.
“More than 315 million euro ($430 million) has so far been spent in EU research funding on drone technology or drones geared towards a specific purpose such as policing or border control,” writes the report.
However, the document points out that the research funding is largely “invisible” to the people and parliaments of Europe and lacks the proper political oversight. According to the report this was achieved by a secret budget line that was included in new EU legislation on air traffic control for this year.
The report describes a 20-year roadmap that aims to introduce surveillance drones into EU airspace and highlights that this plan is being shaped by “thinly accountable officials” and representatives of large corporations.
“The EU’s emerging drone policy has come about following years of successful lobbying by defense and security companies and their associates,” said co-author of the report Chris Jones in a statement on Statewatch’s website, adding that these are the same defense and security contractors that have the most to gain.
The drones in question would engage in civilian surveillance activities, such as border patrols and the search for criminals. However, Statewatch is concerned that the convert nature of the program lends itself to the “further militarization” of the European Union.
Calling for “proper democratization” and the opening of public debate on the issue, the report notes the EU turned a blind eye to a European Commission statement in 2012 that declared the development of unmanned surveillance craft should be more transparent.
It recommended the issue be discussed with a number of organizations, including the European Group on Ethics, the LIBE Committee of the European Parliament or the European Agency for Fundamental Rights and Data Protection Supervisor.
“Yet none of these bodies have been involved,” writes the report. “Their absence from policy debates means that many of the conversations the EU should be having about drones – such as what they should and should not be used for, and how to prevent further militarization and the deployment of fully autonomous weaponized drones – have been all but ignored.”
Although the authors of the report do not outwardly criticize research into drones, they do stress the fact that the current program is too “heavily skewed toward the interests of the big defense contractors.”
They argue that this could lead to “unwarranted state surveillance and repression,” as well as enhanced prospects for combat drone research for a global arms race.
“It’s easy to see why people are so excited about drones: there are many positive things they could be used for,” said co-author Ben Hayes. He concluded that given the “clear implications” for civil liberties in the balance, the EU has a “moral and legal obligation” to uphold fundamental rights and the rule of law.
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The day the world fought back
By Danny O’Brien | EFF | February 11, 2014
Mass surveillance of electronic communications is a vast, new, government intrusion on the privacy of innocent people worldwide. It is a violation of International human rights law. Without checks and balances, its use will continue to spread from country to country, corrupting democracies and empowering dictators.
That’s why, today, on February 11th, around the world, from Argentina to Uganda, from Colombia to the Philippines, the people of the Internet have united to fight back.
The Day We Fight Back’s main global action is to sign and promote the 13 Principles, a set of fundamental rules that, in clear language, tells lawmakers and governments how to apply existing human rights law to these new forms of surveillance. With the support of thousands of Net users, we’ll use your voice to demand that all governments comply with their obligation to protect privacy against unchecked surveillance.
But there’s more to today’s global action than the Principles. Hundreds of digital rights and privacy groups, thousands of individual Net users, in dozens of countries, have come together to protest surveillance by governments at home and abroad. Here’s just a sampling of the campaigns and events happening today:
In Argentina, the Asociación por los Derechos Civiles and Vía Libre Foundation is suing the Argentinian Congressional surveillance oversight commission for withholding basic information on surveillance practices in the country.
In Australia, a coalition of groups under the banner Citizens Not Suspects, is joining to demand a government investigation of the practices of the notorious “Five Eyes” countries — the nations, including Australia, which share intelligence with the NSA.
In Brazil, where the upcoming Marco Civil bill promises to encode human rights into the country’s Internet law, citizens are renewing their demands to include strong privacy protections.
In Canada, more than 45 major organizations, and tens of thousands of Canadians are calling their elected representatives to stop illegal spying by Communications Security Establishment Canada (CSEC), Canada’s spying agency.
Colombians have launched “Internet sin Chuzadas”, a campaign calling for the end of unchecked surveillance at home and abroad.
France’s La Quadrature Du Net have started an NSA Observer program to inform people of the NSA’s global surveillance. The Philippines’ Internet Freedom Alliance (PIFA) is organizing a day of mass action against the country’s draconian Cybercrime Prevention Act.
Poland’s Panoptykon Foundation is demanding answers from the Polish government and Barack Obama.
The Netherlands’ Bits of Freedom will call on Dutch citizens to join their campaign to stop mass surveillance: bespiedonsniet.nl (“Don’t Spy On Us”).
In Serbia, SHARE Foundation, one of the earliest supporters of the 13 Principles, is renewing their campaign against surveillance locally and internationally.
In Uganda, Unwanted Witness will be urging their local telephone companies to stop sharing private data with politicians.
And in the United Kingdom, a huge coalition of Britain’s privacy groups is launching DontSpyOnUs.org.uk, to pressure the UK’s GCHQ to stop its global mass surveillance apparatus.
In the US? Call Congress today.
Dial 202-552-0505 or click here to enter your phone number and have our call tool connect you
Privacy Info: This telephone calling service is operated by Twilio and will connect you to your representatives. Information about your call, including your phone number and the time and length of your call, will be collected by Twilio and subject to Twilio’s privacy policy.
Calling Congress takes just five minutes and is the most effective action you can take right now to let your elected officials know that mass surveillance must end.
Here’s what you should say:
I’d like Senator/Representative __ to support and co-sponsor H.R. 3361/S. 1599, the USA Freedom Act. I would also like you to oppose S. 1631, the so-called FISA Improvements Act. Moreover, I’d like you to work to prevent the NSA from undermining encryption standards and to protect the privacy rights of non-Americans.
Where ever you live, can join them: you can visit Necessary And Proportionate, the home of the 13 Principles, and add your name to our action, and find out what is happening in your own country. Write your own posts of opposition, and spread the word through the hashtag #stopspying .
3,000 euro Google search: French blogger gets fined for re-posting indexed govt files
RT | February 10, 2014
A French appeals court has fined an activist 3,000 euros for publishing documents accessed via an open hyperlink in a Google search. The “hacker” was prosecuted despite the fact that the government agency owning the files didn’t pursue a case against him.
For the French blogger, Olivier Laurelli, nicknamed “Bluetouff,” it all started with a simple Google search. While browsing the web for what he claims was an irrelevant subject, the co-founder of the tech-savvy activist news site Reflets.info came across a link to an online documents archive of the French National Agency for Food Safety, Environment, and Labor (ANSES).
The link led to a trove of 7.7 Gigabytes of files on public health, and Laurelli decided they might be worth looking through. For what he later said was for more convenient reading, the activist downloaded the entire online directory with a common Linux tool, and then transferred them to his desktop.
At the time, the blogger judged that the freely available documents of a public establishment “ought to be” legally available for the public to see, quotes the Ars Technica blog.
But soon after posting some scientific slides from the archives on his website, Laurelli realized that he was wrong.
ANSES discovered their archive was accessed only after the slides on “nano-substances” went public on Reflets.info, French media said. Citing possible “intrusion into a computer system and data theft from a computer,” the agency filed a report with the police, also prompting the French Central Directorate of Interior Intelligence (DCRI) to launch a case.
According to the activist himself, the investigators’ decision to pursue a criminal case against him was fueled by the fact he used a Virtual Private Network (VPN) service that masked his IP address as a Panamanian one. The VPN was actually provided by a security company he owned called Toonux.
Laurelli was then indicted with fraudulently accessing and keeping data, which, according to the French Criminal Code carries up to 2 years in prison and a maximum fine of 30,000 euro (about $41,000).
While testifying, Laurelli admitted he did spot a requirement for login and password at an upper level directory when he tried browsing the ANSES resource further, but there was no explicit indication that the directly accessible files he stumbled on required authorization and were illegal to obtain.
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