UK: Woolwich attack sparks Labour calls for snooper’s charter
Press TV – May 23, 2013
Labour peers have urged British Deputy Prime Minister and Lib-Dems leader Nick Clegg to stop opposing the Communications Data Bill, dubbed the snooper’s charter by the opponents, in the wake of the Woolwich attack.
Former Labour home secretary Lord Reid and former security minister Lord West urged Clegg to drop his opposition to the legislation after a soldier was beheaded by the knife-wielding attackers in Woolwich, southeast London.
Appearing on BBC’s Newsnight, Lord Reid said the police and intelligence services should have tools they need to prevent these kinds of attacks.
Privacy watchdog Big Brother Watch, however, said it was “wholly wrong for [Lord Reid] to be arguing for a change of policy before the details of what has happened in Woolwich are clear.”
The snooper’s charter, if passed, would allow bulk, warrantless, unaccountable examination of all online activities by government agencies in the country, which according to critics would harm Britons’ freedom and privacy.
The so-called snooper’s charter was proposed by Home Secretary Theresa May, despite the coalition government’s agreement in 2010 to end the storing of emails and Internet records “without good reason”.
Related article
- Snooper’s charter ‘would not have stopped Woolwich attack’ (guardian.co.uk)
Colombia: extrajudicial executions killing still ongoing according to report
By George Nelson | The Argentina Independent | May 24, 2013
The Centre for Popular Research and Education (Cinep) in Bogotá has reported that during 2012 there were 11 separate cases of extrajudicial executions in Colombia, suggesting that executions known as ‘false positives’ are still ongoing. A further eight cases of arbitrary detention have also been reported, amassing a total of 52 victims.
The false positives scandal refers to the Colombian military’s alleged sanctioned practice of killing civilians and then dressing them up in guerrilla fatigues in order to present them as combat kills. Reports show that the executions usually target farmers, social activists, and political opponents.
The scandal is part of continuous armed conflict between Colombia’s government and the FARC and ELN, both guerilla forces. In May last year the International Federation of Human Rights (FIDH) alleged that over 3,000 civilians had been killed between 2002 and 2008 as a result of the conflict.
Cinep also claim that the general state of human rights in Colombia is poor with members of the paramilitary “the greatest violators” responsible for 565 cases, followed by the police with 268. Giraldo Serna, of Cinep, said, “Threats, tortures, disappearances, deaths, and social cleansing are still implemented in Colombia.”
The government denied ‘false positives’ are still occurring but Cinep believes the problem is far greater than people think. “Those who justify the false positives don’t realise they are damaging the prestige of the police force,” said Cinep spokesman Alejandro Angulo.
ACLU Comment on Obama’s National Security Speech
By Anthony D. Romero | ACLU | May 23, 2013
President Obama is right to say that we cannot be on a war footing forever, but the time to take our country off the global warpath and fully restore the rule of law is now, not at some indeterminate future point. Four years into his presidency, President Obama has finally taken the first steps to jump-start his administration’s effort to make good on early campaign promises to close Guantánamo and recognized the human cost of failing to act. These are encouraging and noteworthy actions.
To the extent the speech signals an end to signature strikes, recognizes the need for congressional oversight, and restricts the use of drones to threats against the American people, the developments on targeted killings are promising. Yet the president still claims broad authority to carry out targeted killings far from any battlefield, and there is still insufficient transparency. We continue to disagree fundamentally with the idea that due process requirements can be satisfied without any form of judicial oversight by regular federal courts.
We are particularly gratified that President Obama embraced our recommendations to use his authority to allow prompt transfer and release of Guantánamo detainees who pose no national security threat and that have been cleared by the military and intelligence agencies. We also applaud his appointment of a high level official to supervise the process for closing Guantánamo once and for all.
But there are other problems that must still be addressed. The unconstitutional military commissions must be shuttered, not brought to the United States. While the president expressed appropriate concern about indefinite detention, he offered no clear plan for ending this unconstitutional policy for those who have not been tried or cleared for release.
President Obama’s efforts to repair his legacy in the eyes of future historians will require that he continue to double down if he is to fully restore this nation’s standing at home and abroad. The ACLU realizes that Congress has thrown significant barriers in closing Guantánamo. But in some areas Congress has been more progressive, having recently demanded legal memoranda that claim to authorize the illegal killing program. The ACLU stands ready to work with, and if necessary do battle with, those elements of government that impede our nation’s obligations to honor the rule of law and to protect our values while safeguarding our security.
The Government Wants A Backdoor Into Your Online Communications
By Mark M. Jaycox and Seth Schoen | EFF | May 22, 2013
According to the New York Times, President Obama is “on the verge of backing” a proposal by the FBI to introduce legislation dramatically expanding the reach of the Communications Assistance for Law Enforcement Act, or CALEA. CALEA forces telephone companies to provide backdoors to the government so that it can spy on users after obtaining court approval, and was expanded in 2006 to reach Internet technologies like VoIP. The new proposal reportedly allows the FBI to listen in on any conversation online, regardless of the technology used, by mandating engineers build “backdoors” into communications software. We urge EFF supporters to tell the administration now to stop this proposal, provisionally called CALEA II.
The rumored proposal is a tremendous blow to security and privacy and is based on the FBI’s complaint that it is “Going Dark,” or unable to listen in on Internet users’ communications. But the FBI has offered few concrete examples and no significant numbers of situations where it has been stymied by communications technology like encryption. To the contrary, with the growth of digital communications, the FBI has an unprecedented level of access to our communications and personal data; access which it regularly uses. In an age where the government claims to want to beef up Internet security, any backdoors into our communications makes our infrastructure weaker.
Backdoors also take away developers’ right to innovate and users’ right to protect their privacy and First Amendment-protected anonymity of speech with the technologies of their choice. The FBI’s dream of an Internet where it can listen to anything, even with a court order, is wrong and inconsistent with our values. One should be able to have a private conversation online, just as one can have a private conversation in person.
The White House is currently debating whether or not to introduce the bill. Here’s why it shouldn’t:
There’s Little Darkness: Few Investigations Have Been Thwarted
The starting point for new legislation should be a real, serious, and well-documented need. Despite the FBI’s rhetoric, there are few concrete examples of the FBI’s purported need to expand its already efficient all-seeing eye. Current law requires annual reporting by the Department of Justice (DOJ) regarding the use of the government’s wiretapping powers; the report includes statistics on how often Federal law enforcement has been impeded in a court-authorized investigation by encryption or has been unable to access communications. These statistics show that this has happened only rarely. In its most recent report—from 2010—DOJ reported that encryption had only been encountered all of 12 times.
Did the encryption stop the investigation, or even prevent the wiretappers from figuring out what was being said? No. The report admits that in all of these instances, police were able to obtain the plain text of communications. Previous years’ numbers are similar. Aside from government reports, in 2012 telecommunications companies also revealed that a very low percentage of law enforcement requests for user information were rejected. In AT&T’s case, only 965 out of over 250,000 requests for user information were rejected. Overall, the available public statistics don’t appear to support the FBI’s claims about its inability to access communications.
Law Enforcement Already Has Unprecedented Access
Any requested expansion of FBI surveillance authority has to consider the overall ability of law enforcement to investigate crimes. What the FBI doesn’t mention when pushing new backdoors into our communications is that now, due to the shift to digital communications, law enforcement has an unprecedented level of access to, and knowledge of, the public’s communications, relationships, transactions, whereabouts, and movements. Law enforcement now can gain 24/7 monitoring of most people’s movements using cell phone location data. But that’s just the beginning. A glance at the Wall Street Journal‘s multi-year What They Know project shows some of the treasure troves of data that are being maintained about all of us. By accessing these databases and by using new electronic surveillance technologies law enforcement already has visibility into almost every aspect of our online and offline lives—capabilities beyond the wildest dreams of police officers just a few decades ago.
Indeed, former White House Chief Counselor for Privacy Peter Swire and Kenesa Ahmad argued persuasively in 2011 that, overall, “today [is] a golden age for surveillance“—regardless of whether law enforcement is assured of automatic access to each and every kind of communication, and regardless of whether individuals sometimes succeed in using privacy technologies to protect themselves against some kinds of surveillance.
First, there’s information obtained from cell phones. In July 2012, the New York Times reported that federal, state, and local law enforcement officials had requested all kinds of cell phone data—including mappings of suspects’ locations—a staggering 1.3 million times in the previous year. Cell phone companies can create what amounts to detailed maps of our locations and turn them over to law enforcement. Even without asking for cell phone providers’ direct assistance, law enforcement has considerable ability to use mobile devices to track us. Federal and state law enforcement have made extensive use of IMSI catchers (also popularly called “stingrays,” after the brand name of one such device). These devices can act as a fake cell phone tower, observing all devices in a certain area to find a cell phone’s location in real-time, and perhaps even intercept phone calls and texts.
Laws compelling companies to divulge user information accompany these techniques. For instance, National Security Letters, served on communications service providers like phone companies and ISPs, allow the FBI to secretly demand stored data about ordinary Americans’ private communications and Internet activity without any meaningful oversight or prior judicial review. And Section 215 of the PATRIOT Act allows for secret court orders to collect “tangible things” that could be relevant to a government investigation. The list of possible “tangible things” the government can obtain is seemingly limitless, and could include everything from driver’s license records to Internet browsing patterns. The FBI has even broken into individuals’ computers to collect data from inside the computers themselves. More backdoors aren’t needed.
Backdoors Make Us Weaker and More Vulnerable
CALEA II will force companies with messaging services—from Google to Twitter to video game developers—to insert backdoors into their platforms. But backdoors only make us weaker and more vulnerable. It’s ironic that CALEA II may be proposed only months after Congress pushed “cybersecurity” legislation to protect our networks. The notion of mandating backdoors in software is the antithesis of online security, which is why some academics have called it a “ticking time bomb.”
A proposal to expand backdoors into communications software ensures that online hackers, communications company insiders, and nation-states have a direct entrance to attack—and steal from—companies and government agencies. In one notorious example, someone exploited backdoors in a Greek phone company’s systems and recorded sensitive conversations involving the Prime Minister. Wiretapping backdoors even affect national security. In 2012, Wired revealed the NSA’s discovery and concern that every telephone switch for sale to the Department of Defense had security vulnerabilities due to the legally-mandated wiretap implementation. If politicians are serious about online security, they will not make these security blunders even worse by bringing more sensitive communication technologies under CALEA’s scope.
Just last week, an ad hoc group of twenty renowned computer security experts issued a report explaining their consensus that CALEA II proposals could seriously harm computer security. These experts said that a requirement to weaken security with deliberate backdoors “amounts to developing for our adversaries capabilities that they may not have the competence, access or resources to develop on their own.”
And now the Washington Post has reported that intruders, allegedly working on behalf of the Chinese government, broke into Google’s existing surveillance systems. (In this case, the report says that the intruders learned who was targeted by these systems, rather than accessing the contents of the targets’ accounts or communications—but it’s easy to see that wiretap contents would ultimately represent an even bigger target, and a bigger prize. Even more exciting would be the prospect of remotely activating new wiretaps against victims of an intruder’s choice.)
Internet Users Have the Right to Secure Communications
Expanding CALEA is not only a tremendous risk for our online security; it’s a slap in the face of Internet users who want to protect themselves online by choosing privacy-protecting software to shield their communications. Ordinary individuals, businesses, and journalists want and often need state-of-the art software to protect their communications in an era of pervasive spying by commercial rivals, criminals, and governments around the world. The government’s rhetoric takes us back to the early 1990s when US law enforcement spoke openly of banning secure encryption software to keep it out of the public’s hands. EFF and others had to fight—including in the Federal courts—to establish the principle that publishing and using encryption tools is an essential matter of individual freedom and protected by the First Amendment.
Once those “crypto wars” were over, the US government seemed to accept the right of Americans to secure communications and abandon the idea of forcing innovators to dumb down these technologies. We turned our concerns to foreign governments, several of whom were trying to ban communications tools for being “too private.” (For instance, the Associated Press reported five countries threatened to ban BlackBerry services in 2010 because the services protected user privacy too well.) Americans, including the US State Department, began supporting the development and distribution of secure communications tools to foreign rights activists who need them. Now this battle may be coming home.
Even with these tools, most Americans can protect only a tiny fraction of the trail of data we leave behind electronically as we live our lives. But we still have the right to choose them and try our best to keep our private communications private.
CALEA Must Not Come Back
The government should place any proposal to expand CALEA on hold. There is little evidence the FBI is actually “going dark,” especially when balanced with all the new information they have access to about our communications. And backdoors make everyone weaker. In a time when “cybersecurity” is supposed to be a top priority in Washington, the FBI is pushing a scheme that directly undermines everyone’s online security and interferes with both innovation and the freedom of users to choose the technologies that best protect them. Tell the White House now to stop the proposal in its tracks.
Honduras: Three Farmers Killed During Land Eviction
Agencia Púlsar | May 22, 2013
In the north of Honduras, in the community of San Manuel Cortés, three peasants were killed and two others wounded on Friday, when they tried to enter the lands that were expropriated last year by the Instituto Nacional Agrario (National Agrarian Institute). Valentín Caravantes, Celso Ruiz y Celedonio Avelar, who died at the scene, were members of the Farmers’ Movement of San Manuel Cortés (MOCSAM), located about 200kms from the capital.
The men entered the land because they obtained an order from the Court of Criminal Appeals, which stated that the evictions carried out in February 2012 against MOCSAM were illegal, reports the National Popular Resistance Front of Honduras (FNRP). “Security guards from the Honduran Sugar Company (CAHSA) fired at the three farmers,” FNRP added.
Brothers Aníbal and Adolfo Melgar were also seriously injured in the shooting and were immediately taken to a hospital in the municipality of San Pedro Sula.
For three years now MOCSAM has been demanding more than 3,000 acres of land which is currently possessed by the CAHSA company and exceeds 250 acres, the maximum a person or a firm can own in Valle de Sula under the country’s agrarian law.
The incident is the latest in a long series of clashes, which have ended up with many deaths over the past few years. In February, more than 1,000 peasants took back land after being expelled by British/South African beverages multinational SAB Miller in August 2012. And earlier this year, in March, the ongoing conflict between farmers and the Honduran government has resulted in the eviction of over 1,500 people from their land in the south of the country.
Related articles
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- Senator Menendez Meets with President Lobo to Discuss U.S. Funding for Honduras
- Honduras: Terror in the Aguán
- Will the World Bank Stop Investing in Campesino Assassinations?
- Killings Continue in Bajo Aguán as New Report Documents Abuses by U.S.-Trained Honduran Special Forces Unit
- Honduras: Murdered Lawyer’s Brother Killed in Aguán
- Step by Step: Honduras Walk for Dignity and Sovereignty
- World Bank Must End Support for Honduran Palm Oil Company Implicated in Murder
US government admits to killing four American citizens with drones
RT | May 22, 2013
United States Attorney General Eric Holder has informed Congress that four American citizens have been killed in Yemen and Pakistan by US drones since 2009.
It has been widely reported but rarely acknowledged in Washington that three US citizens — Samir Khan, Anwar al-Awlaki and his teenage son, Abdulrahman al-Awlaki — were executed in Yemen by missile-equipped drones in 2011. With Holder’s latest admission, however, a fourth American — Jude Kenan Mohammed — has also been officially named as another casualty in America’s continuing drone war.
“Since 2009, the United States, in the conduct of US counterterrorism operations against al-Qaeda and its associated forces outside of areas of active hostilities, has specifically targeted and killed one US citizen, Anwar al-Awlaki,” the letter reads in part. “The United States is further aware of three other US citizens who have been killed in such US counterterrorism operations over that same time period,” Holder said before naming the other victims.
“These individuals were not specifically targeted by the United States,” the attorney general wrote.
The news of the admission broke Wednesday afternoon when New York Times reporter Charlie Savage published the letter sent from Holder to congressional leaders in a clear attempt to counter critics who have challenged the White House for falling short of US President Barack Obama’s campaign plans of utmost transparency. Upon a growing number of executive branch scandals worsened by the Department of Justice’s recently disclosed investigation of Associated Press journalists, Holder wrote that coming clean is an effort to include the American public in a discussion all too often conducted in the shadows cast by the US intelligence community.
“The administration is determined to continue these extensive outreach efforts to communicate with the American people,” continued Holder. “To this end, the president has directed me to disclose certain information that until now has been properly classified. You and other members of your committee have on numerous occasions expressed a particular interest in the administration’s use of lethal force against US citizens. In light of this face, I am writing to disclose to you certain information about the number of US citizens who have been killed by US counterterrorism operations outside of areas of active hostilities.”
The letter, dated Wednesday, May 22, was addressed to Sen. Patrick Leahy (D-Vermont) and the Senate Judiciary Committee.
Drone strikes have become a signature counterterrorism tool used by the Obama administration and his predecessor, President George W. Bush, and have been attributed with killing roughly 5,000 persons abroad, according to Sen. Lindsey Graham (R-South Carolina). But under the covert and protective umbrella of the Central Intelligence Agency, little has been formally acknowledged from Washington as to the details of these strikes.
As part of the vaguely defined ‘War on Terror,’ the US has reportedly waged drone strikes outside of Afghanistan where the Taliban once harbored al-Qaeda. In recent years, those strikes have targeted towns in neighboring Pakistan, as well as Yemen, Somalia and perhaps elsewhere.
But despite growing criticism over escalating use of drones, the president and his office has remained adamant about defending the operations.
“It’s important for everybody to understand that this thing is kept on a very tight leash,” Obama said last January, adding that his administration does not conduct “a whole bunch of strikes willy-nilly.”
Others have argued quite the opposite, though, and have opposed these drone strikes over the lack of due process involved and the habit of accidently executing civilians in the strikes. When researchers at Stanford University and New York University published their ‘Living Under Drones’ report last September, they found that roughly 2 percent of drone casualties are of top militant leaders. The Pakistani Interior Minister has said that around 80 percent of drone deaths in his country were suffered by civilians.
Earlier this year, Sen. Rand Paul (R-Kentucky) led a marathon filibuster on the floor of Congress to oppose the CIA’s drone program and demand the administration explain to elected lawmakers why the use of unmanned aerial vehicles is warranted in executing suspects, often killing innocent civilians as a result.
Of particular concern, Paul said, was whether or not the Obama administration would use the 2011 Yemen strike as justification to kill American citizens within the US. For 13 hours, he demanded the White House respond.
“I rise today to begin to filibuster John Brennan’s nomination for the CIA,” Sen. Paul said. “I will speak until I can no longer speak. I will speak as long as it takes, until the alarm is sounded from coast to coast that our Constitution is important, that your rights to trial by jury are precious, that no American should be killed by a drone on American soil without first being charged with a crime, without first being found to be guilty by a court.”
One day after the filibuster, both Attorney General Holder and White House Press Secretary Jay Carney reached out to Sen. Paul to say the president lacks the authority to issue such a strike within the US. With this week’s letter, however, Holder admits that at least four Americans have met their demise due to US drones. He also explains why the administration felt justified in using UAVs to execute its own people.
“Al-Awlaki repeatedly made clear his intent to attack US persons and his hope that these attacks would take American lives,” wrote Holder. “Based on this information, high-level US government officials appropriately concluded that al-Awlaki posed a continuing and imminent threat of violent attack against the United States.”
Later, Holder says the decision to strike al-Awlaki was “not taken lightly” and was first put into plan in early 2010. Additionally, Holder said the plan was “subjected to exceptionally rigorous interagency legal review” and that Justice Department lawyers and attorneys for other agencies agreed that it was the appropriate action to take.
According to Holder, the senior al-Awlaki and Mr. Khan were killed in the same September 2011 drone strike in Yemen. The following month, 16-year-old Abdulrahman Anwar Al-Awlaki was killed in a strike in the same country. Mohammed, a North Carolina resident born in 1988, was killed by a drone likely in November 2011 within a tribal area of Pakistan. Mohammed was indicted by a federal grand jury in 2009 for conspiracy to provide material support to terrorists and conspiracy to murder, kidnap, maim and injure persons in a foreign country, and was considered armed and dangerous by the Federal Bureau of Investigation. Both Khan and the older al-Awlaki were suspected members of al-Qaeda and were affiliated with the group’s magazine, Inspire.
Last February, friends of Mohammad told a North Carolina newspaper that they believed he was dead.
“Farhan Mohammed says he heard in November that his friend was killed in a drone strike,” Raleigh’s WRAL News reported in 2012. “Jude Mohammad’s pregnant wife was hysterical about her husband’s death and called her mother-in-law in the Triangle to break the news, according to Sabra. The US government hasn’t confirmed Mohammad’s death, but the people who knew him in North Carolina say it’s probably true.”
Holder declined to explain why either Mohammad or the teenage al-Awlaki were killed. President Obama is expected to discuss America’s drone program at an address in Washington on Thursday.
Related article
- Obama to address drones, Gitmo in defense policy speech (thehill.com)
Israel renews administrative detention of 11 Palestinians
MEMO | May 21, 2013
Al-Tadamun human rights organisation said on Tuesday that the Israeli occupation has renewed the administrative detention of 11 Palestinians, including a former hunger striker and two Palestinian lawmakers.
The administrative detention order against Samer al-Barq, 39, from Jayous village in Qalqilya was renewed for six months. Al-Barq went on a hunger strike in April 2012 for 120 days. On November 23, 2012, he ended his hunger strike after he was promised he would be released and deported to Egypt.
With the renewal of the order against al-Barq’s, Al-Tadamun advocate, Osama Maqboul, accused the Israeli occupation of breaching pledges of release and deportation. Others whose administrative detention orders have been renewed include members of the Palestinian Legislative Council, Mahmoud al-Ramahi and Basim al-Za’areer. Both were detained at November, 2012.
The Israeli occupation renewed the administrative detention of another eight Palestinians from various cities and villages across the occupied West Bank. Many Palestinian prisoners have recently gone on hunger strike in protest against administrative detention which is a military detention order issued on no apparent basis.
Meanwhile, the Palestinian prisoner from Gaza, Ashraf al-Sabbah, announced the beginning of his hunger strike in protest at the poor health conditions he must endure as a result of the Israeli prison services’ refusal to give him proper medication.
Related articles
- Call to Action: Join Addameer’s Global End Administrative Detention Campaign! (occupiedpalestine.wordpress.com)
- Administrative detainees to start a hunger strike at the beginning of June (ramyabdeljabbar.wordpress.com)
5 Overlooked Lessons From the AP Subpoena Controversy and Other Leak Investigations
By Cindy Cohn and Trevor Timm | EFF | May 20, 2013
The journalism world has been rightly outraged by the Justice Department dragging the Associated Press (and now a Fox News reporter) into one of its sprawling leak investigations. As we wrote last week, by obtaining the call records of twenty AP phone lines, “the Justice Department has struck a terrible blow against the freedom of the press and the ability of reporters to investigate and report the news.”
But there are several other important lessons that this scandal can teach us besides how important free and uninhibited news-gathering is to the public’s right to know.
1. Weak Privacy Laws That Doomed AP Affect Everyone
The AP detailed in its letter to the Justice Department how its privacy was grossly invaded even though the government accessed only the call records of its reporters and not the content of their conversations. We completely agree. Unfortunately, this isn’t just a problem in the AP investigation. Law enforcement agencies routinely demand and receive this information about ordinary Americans over long periods of time without any court involvement whatsoever, much less a full warrant.
For example, according to information released by the phone companies to Rep. Ed Markey, Sprint alone received a staggering 500,000 subpoenas for call records data last year.
The DOJ’s decision to dive into these call records shows the growing need to update our privacy laws to eliminate the outmoded Third Party Doctrine—which holds that anything you give to a service provider, or that a service provider collects as part of providing you a service—can retain no reasonable expectation of privacy. In an era where email is stored by our providers, cellphone companies keep records that track our location and cloud services hold our documents, it’s long past time to bring our interpretation of the Fourth Amendment and statutory electronic privacy laws in compliance with the 21st Century.
In response to the AP scandal, a bipartisan coalition in Congress just introduced a bill to partially fix this problem called The Telephone Records Protection Act. The bill would require the Justice Department to get a judge’s approval before seeking these records. At EFF, we think the government should have to go even further than a court order: a judicial warrant showing the kind of probable cause required by the Fourth Amendment should be the standard. But this bill is certainly an improvement over administrative subpoenas, which don’t need a sign-off from a judge at all and allow the Executive branch to seek information without any external check.
2. Phone Companies May Give Up Your Information Without Telling You
As the New York Times reported, the AP is still examining if and when any telephone companies tried to push back on the over-broad requests for its call records. “But at least two of the journalists’ personal cellphone records were provided to the government by Verizon Wireless without any attempt to obtain permission to tell them so the reporters could ask a court to quash the subpoena,” the Times said. And it also seems clear that the AP itself wasn’t given notice before their phone company turned over the records.
In EFF’s 2013 “Who Has Your Back” report, which tracks several ways in which communications companies can help protect user privacy, we give a star for promising to notify users about government demands for data whenever whenever the company is not legally prevented from doing so. Notably, Verizon does not have such a notification policy and did not receive a star. In fact, Verizon was the only company to receive zero stars.
This isn’t a small problem or just a problem for journalists. Verizon received 260,000 similar subpoenas for call records last year. The government requests this information with regularity, and given the phone companies control the data, communications company policies are all that stand between you and governmental overreach.
Users should demand that their communications companies notify them when the government comes seeking information, unless they are legally barred by a court order.
3. Government often Overstates National Security Claims, Over-classifies Information
We’ve written many times about the many ways “national security” has been invoked—and exaggerated—in order to cover up government embarrassment or wrongdoing, or to assert powers that would normally not be granted under the Constitution. The government routinely over-classifies information that should never be secret, according to reports commissioned by the White House itself.
The most glaring example for EFF is our lawsuit over the NSA warrantless wiretapping program, where the government won’t admit or deny that the program even exists, citing the danger to national security, despite thousands of pages of public evidence. The government has argued the same thing in cases about torture and the CIA drone program where, many times, the same information that they claim is secret is on the front pages of the nation’s newspapers.
In the AP’s case, while Attorney General Holder says this leak put “lives at risk,” John Brennan said the opposite around the time of the story (“Brennan said the plot was never a threat to the U.S. public or air safety,” reported Reuters). The AP also held its story for six days until the CIA told them it was safe to publish and the White House had a news conference planned the day after the story to announce the successful counterterrorism operation.
As the late Supreme Court Justice Huge Black once said, “The word ‘security’ is a broad, vague generality whose contours should not be invoked to abrogate the fundamental law embodied in the First Amendment.”
4. There’s Not Much Recourse For Prosecutorial Misconduct
In this case, just like the case of Aaron Swartz, there has been widespread criticism that the Justice Department has abused its authority and aggressively pursued parties in an unprofessional manner. As we detailed last week, it seems the Justice Department didn’t follow its own guidelines when issuing subpoenas about[?] the reporters, or at least went to the very edge of its own guidelines.
Just like in the Swartz case, the specific prosecutor has a history of over-aggressive prosecutions (even being accused of overzealous prosecution by Eric Holder himself when he was in private practice). Yet when Congress asked Holder at a hearing about the allegations, just like in the Swartz case, he did not admit to any wrongdoing, and was able to deflect questions about his department’s handling of the case. Unfortunately, there is not much recourse for meaningful remedy for the public in these situations, and this case is just the latest example.
5. Journalists Need to be Pro-Active in Protecting Their Digital Security
In an age where warrantless surveillance is skyrocketing and governments potentially have access to an astonishing amount of information, journalists must learn to proactively protect both themselves and their sources.
The Committee to Protect Journalists Journalist Security Guide is an excellent place to start. It addresses concerns faced by journalists working inside the United States and internationally.
Wired published an op-ed last week about the care one needs to take from the source’s end if one wishes to send information to the press undetected. Much of the advice is applicable to reporters talking to sources as well. Additionally, the New Yorker has just released a promising—but un-tested—anonymous leak submission system, coded by Aaron Swartz before he tragically died in January. In certain circumstances physical mail remains the safest option.
Overall, the final lesson is that journalists, and sources, need to take security seriously. Trusting that the government won’t come after you because you’re engaged in journalism, serving the public interest, or helping reveal wrongdoing is plainly not sufficient.
NYPD Cops Arrest Woman Recording Them, Apparently Stealing Wrong Memory Card
By Carlos Miller | Photography is Not a Crime | May 18, 2013
New York City police officers arrested a woman who was video recording them from a public sidewalk as they conducted some type of “vehicle safety checkpoint.”
The officers apparently stole a memory card from a camera, which turned out to be the wrong one, allowing us to view the video.
In the Youtube description, under the headline, “You stole the wrong SD card,” Christina Gonzalez said her boyfriend was also arrested.
We were arrested while filming an NYPD checkpoint on a bridge between a soon to be gentrified Bronx and a quickly gentrifying Harlem. We were charged with OGA, DisCon, and resisting arrest. I was holding a bag of yarn in one hand and a canvas in the other. My partner had food in his hands when he was tackled. Even though their violent actions were unjust, we did not resist. Simultaneous with our “arrests”, the checkpoint was closed down.
We were held for 25 hours.
OGA is obstructing government administration, which generally requires the person to physically obstruct police from doing their job.
According to a New York attorney:
Generally, If you impair or obstruct the administration of law or prevent a public servant (often a police officer) from performing his or her official duty and function, then you have committed this crime. However, the other crucial element is that this intentional obstruction be done through intimidation, interference, physical force or an independently unlawful act.
But Gonzalez didn’t appear to be doing any of the above. She was peppering the cops with questions as to what they were doing and one sergeant tried to answer a question before telling her he wasn’t going to answer more questions.
She kept peppering him with questions, which prompted him to order her to move away.
When she refused, he demanded identification, which she also refused to provide.
That led to her arrest.
I sent her a message asking her to clarify about the memory card. Will update when she responds.
UPDATE: Mickey Osterreicher just emailed the following:
See the following from the NYPD Patrol Guide under PG 208-03 Arrests – General Processing, effective 01-01-2000 that came as a result of a 1977 Consent Decree between NYPD and the NYCLU. In pertinent part that section reads as follows:
OBSERVERS AT THE SCENE OF POLICE INCIDENTS
As a rule, when a police officer stops, detains or arrests a person in a public area, persons who happen to be in or are attached to the area are naturally in position to and are allowed to observe the police officer’s actions. This right to observe is, of course, limited by reasons of safety to all concerned and as long as there is no substantive violation of law. The following guidelines should be utilized by police officers whenever the above situation exists:
a. A person remaining in the vicinity of a stop or arrest shall not be subject to arrest for Obstructing Governmental Administration (Penal Law, Section 195.05) unless the officer has probable cause to believe the person or persons are obstructing governmental administration.
b. None of the following constitutes probable cause for arrest or detention of an onlooker unless the safety of officers or other persons is directly endangered or the officer reasonably believes they are endangered or the law is otherwise violated:
(1) Speech alone, even though crude and vulgar
(2) Requesting and making notes of shield numbers or names of officers
(3) Taking photographs, videotapes or tape recordings
(4) Remaining in the vicinity of the stop or arrest.
c. Whenever an onlooker is arrested or taken into custody, the arresting officer shall request the patrol supervisor to the scene, or if unavailable, report the action to the supervisor where the person is taken.
This procedure is not intended in any manner to limit the authority of the police to establish police lines, e.g., crowd control at scenes of fires, demonstrations, etc.
US robots, Israeli drones to help make 2014 World Cup in Brazil ‘one of safest sporting events ever’
RT | May 19, 2013
Brazil has added 30 US military robots to the Israeli drones and ‘Robocop-style’ glasses with face recognition cameras to its arsenal after the country allocated $900 million to make 2014 World Cup “one of the most protected sports events in history.”
The 30 PackBot 510 units, which usually cost between $100,000 and $200,000 apiece, will arrive in Brazil as part of the $7.2 million deal the country signed with American iRobot advanced technology company. The contracts include services, spare parts and associated equipment.
“IRobot continues its international expansion, and Brazil represents an important market for the company’s unmanned ground vehicles,” Frank Wilson, iRobot’s senior vice president, said in a statement. “IRobot is excited to be providing the company’s state-of-the-art robotic technologies to Brazil as the country prepares for several high profile international events, including the 2014 FIFA World Cup.”
The first real test for the PackBots will be the visit of Pope Franics to Brazil this July, with the country also looking to use the robots during the Rio Olympics in 2016.
The PackBots are equipped with cameras and are operated remotely in order to detect and examine suspicious objects or explore dangerous environments, while keeping their operators safe from harm.
The devices weigh about 27 kilogram and rely on caterpillar treads to move around, using videogame-style hand controllers to make it more familiar to the users.
More than 2000 of those military robots are currently stationed in Iraq and Afghanistan, with PackBots being the first to enter the damaged Fukushima nuclear plant after the 2011 earthquake and tsunami.
Brazil is spending $900 million to bolster its security forces, including high-tech surveillance equipment and helicopters, as the country is hoping to make the 2014 World Cup “one of the most protected sports events in history.”
The country’s police will be equipped with facial-recognition camera glasses that can capture 400 facial images per second to store them in a central database of up to 13 million faces.
Brazil is also reported to have spent $25 million on four Israeli-made drones, which are expected to make their debut at the FIFA Confederations Cup in June.
There’ll also be plenty of manpower involved in the security operation as the World Cup organizers plan have 3,000 to 5,000 soldiers from the Brazilian Armed Forces at each of the 12 host cities during the event.
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Confronting the Threat of Ethnic Bioweapons
By Tony Cartalucci – New Eastern Outlook – 29.11.2017
The United States Air Force’s 59th Medical Wing’s molecular biology branch recently was revealed to have been collecting specifically Russian RNA and synovial (connective) tissue samples, prompting fears in Russia of a possible US directed ethnic-specific bioweapons program. … continue
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