Why We Oppose the Oakland Spy Center
By OAKLAND PRIVACY WORKING GROUP | CounterPunch | February 25, 2014
On March 4, 2014, the Oakland City Council will decide to award a contract that, if approved, will impact your civil rights. The Domain Awareness Center (“DAC”) is a full-time mass surveillance project encompassing the city and Port of Oakland and initially funded by the Department of Homeland Security (“DHS”). The Oakland Privacy Working Group opposes this project because city staff and the Oakland Police Department (“OPD”) have proven they can’t be trusted to oversee something this critical; furthermore it won’t solve crime, there is great potential for abuse of civil liberties, and the city cannot afford it. The city has no data retention and privacy policy or oversight committee for the DAC, which is absurd when one considers the potential harm and past wrongdoing by the city.
The DAC will share live video and data with regional government, law enforcement, and as stated by Port Facilities Security Officer Mike O’Brien at the February 18, 2014 City Council meeting, “there is an expectation by the Feds that we will share information with them.” Future proposed DAC phases include adding cameras at Oakland Unified School District buildings and throughout Oakland Housing Authority properties, automatic license plate readers, facial recognition software, and social media monitoring. Strangely, Oakland Police Department (“OPD”) has suggested including planning, business, and property tax databases, which are unrelated to crime fighting.
We are being sold the line that the DAC will help solve Oakland’s crime problem, yet there is no data that proves mass surveillance does so. And city staff has shown no interest in solving crimes with the DAC. As stated by the East Bay Express in the Dec. 18, 2013 article “The Real Purpose of Oakland’s Surveillance Center, “While the emails reveal a great deal about the DAC, they are also notable for what they do not talk about … city staffers do not discuss any studies pertaining to the use of surveillance cameras in combating crime, nor do they discuss how the Domain Awareness System could help OPD with its longstanding problems with solving violent crimes. In more than 3,000 pages of emails, the terms ‘murder,’ ‘homicide,’ ‘assault,’ ‘robbery,’ and ‘theft’ are never mentioned.”
OPD can’t manage its resources and has a poor relationship with the community. In a February 6, 2014 report by the city auditor, “OPD spent at least $1.87 million on technology that was never used or underused.” According to OPD’s report to the Public Safety Committee at its September 2013 meeting, the city has over 650 homicide investigations with unexamined evidence, some cases going back seven years. Alameda County has over 1,900 rape kits that have never been looked at. In the same September 2013 meeting, OPD stated that it needed $1.2 million to increase staff at its crime lab, an amount that will now be usurped by the DAC’s estimated annual operating costs to the city of $1.6 million.
For 10+ years running, OPD has failed to comply with the Negotiated Settlement Agreement from the infamous Riders trial. Yet, the City Council is poised to hand over to OPD the most advanced surveillance and tracking tools in history. In her February 13, 2014 letter to the City Council, ACLU Nor-Cal staff attorney Linda Lye noted that “black people were twice as likely (68%) to be surveilled for ‘no obvious reasons’ than whites” by video surveillance systems.
City staff disregards Oakland’s contracting policies and cannot be trusted to oversee something more critical like our private data. The work on Phase 1 was completed by SAIC, a contractor found to be in noncompliance with the City’s Nuclear Free Zone Ordinance (“NFZO”). SAIC defrauded the city of New York on a payroll system contract, agreeing in 2012 to pay $500 million to avoid prosecution. As revealed by internal city emails, Oakland city staff knew these facts prior to execution of the Phase 1 contract and concealed these facts from the City Council as SAIC received payment. Unsurprisingly, SAIC overcharged the city on Phase 1. In 2013 SAIC was exposed and prevented from pursuing the Phase 2 contract. Noncompliance with the NFZO is also a problem for the staff-selected Phase 2 contractor.
Most importantly, ours is a civil rights movement. The Bill of Rights codified our civil liberties. The California Constitution has an express right to privacy. Long-held legal doctrines such as freedom of speech, the press, and assembly and the requirement of due process and probable cause, form the basis of our civil society. Many lives have been lost defending these rights. The result of mass surveillance is a chilling effect upon legal activities, such as meeting in a public plaza or attending a mosque for worship in this post-9/11 world.
Oakland has in the past rejected mass surveillance, in 1997 and 1999. Council member Henry Chang reflected on his decision to come to the United States, saying, “We came because we don’t want to be watched by Big Brother all the time.” Council member Ignacio De La Fuente cast his no vote by citing a lack of evidence that cameras are effective in reducing crime and concluding that the program was not “worth the risk of violating people’s privacy rights.”
The DAC won’t reduce crime. It is a financial boondoggle. Staff and OPD have proven they cannot be trusted to oversee it. Most importantly, the DAC will infringe upon our civil liberties.
Oakland Privacy Working Group can be reached through their website: oaklandprivacy.wordpress.com
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Two Palestinian Human Rights Defenders Kidnapped In Nablus
By Saed Bannoura | IMEMC | February 25, 2014
The Solidarity Foundation for Human Rights (SFHR) has reported that Israeli soldiers kidnapped, on Tuesday at dawn, its lawyer and its researcher, after the army violently invaded their homes in the northern West Bank city of Nablus.
The foundation said dozens of soldiers invaded the home of SFHR lawyer Abu al-Hasan, in the Rojeeb Housing Projects area, east of Nablus, and kidnapped him after violently searching his home causing property damage.
Soldiers detonated the door of Abu al-Hasan’s home, invading the place and terrifying the family.
They also interrogated Abu al-Hasan’s father for more than an hour, and confiscated documents and files. Abu al-Hasan was moved to the Petah Tikva interrogation facility.
It added that the soldiers also broke into several nearby homes, violently searched them and ransacked their property and belongings, and used their rooftops as monitoring towers during the invasion.
Meanwhile, soldiers also detonated the front door of the home of SFHR researcher Ahmad al-Beetawy, and invaded the property in the Dahia area, south of Nablus, searched it for more than an hour and kidnapped him.
His brother said the soldiers also invaded the home of their mother, in the same neighborhood, and violently searched it. Al-Beetway defends the rights of Palestinian political prisoners, illegally held by Israel.
The foundation said that the soldiers also invaded its office in al-Isra’ building, in the center of Nablus city, and confiscated computers and files after violently searching the property.
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NSA bugs Merkel aides instead of chancellor
RT | February 24, 2014
In the wake of President Obama’s promise to stop spying on German Chancellor Angela Merkel, the US intelligence has switched its attention to her top government officials, a German newspaper reported.
Washington’s relations with Germany were strained last year after revelations that the US National Security Agency (NSA) was conducting mass surveillance in Germany and even tapped the mobile phone of Chancellor Merkel.
Facing the German outrage, President Barack Obama pledged that the US would stop spying on the leader of the European country, which is among the closest and most powerful allies of America.
After the promise was made, the NSA has stepped up surveillance of senior German officials, German newspaper Bild am Sonntag (BamS) reported on Sunday.
“We have had the order not to miss out on any information now that we are no longer able to monitor the chancellor’s communication directly,” it quoted a top NSA employee in Germany as saying.
BamS said the NSA had 297 employees stationed in Germany and was surveying 320 key individuals, most of them German decision-makers involved in politics and business.
Interior Minister Thomas de Maiziere is of particular interest to the US, the report said, because he is a close aide of Merkel, who seeks his advice on many issues and was rumored to be promoting his candidacy for the post of NATO secretary-general.
A spokesman for the German Interior Ministry told the newspaper it would not comment on the “allegations of unnamed individuals.”
Privacy issues are a very sensitive area in Germany, which holds the memory of invasive state surveillance practices by the Nazi government and later by the Communist government in the former East Germany.
Part of the outrage in Germany was caused by the allegation that US intelligence is using its surveillance capabilities not only to provide national security, but also to gain business advantage for American companies over their foreign competitors.
Berlin has been pushing for a ‘no-spying deal’ with the US for months, but so far with little success. Germany is also advocating the creation of a European computer network which would allow communication traffic not to pass through US-based servers and thus avoid the NSA tapping.
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What Happens When You Marry The NSA’s Surveillance Database With Amazon’s Personalized Marketing?
By Glyn Moody | Techdirt | February 21, 2014
By now, most people who shop online are aware of the way in which companies try to tailor their offers based on your previous purchasing and browsing history. Being followed by strangely relevant ads everywhere is bad enough, but what if the government started using the same approach in its communications with you? That’s one of the key ideas explored in an interesting new article by Zeynep Tufekci, strikingly presented on Medium, with the title “Is the Internet good or bad? Yes.”
Tufekci suggests that neither of the two main metaphors regularly wheeled out for today’s global surveillance — George Orwell’s “1984” and Jeremy Bentham’s Panopticon — is right:
To understand the actual — and truly disturbing — power of surveillance, it’s better to turn to a thinker who knows about real prisons: the Italian writer, politician, and philosopher Antonio Gramsci, who was jailed by Mussolini and did most of his work while locked up. Gramsci understood that the most powerful means of control available to a modern capitalist state is not coercion or imprisonment, but the ability to shape the world of ideas.
The question then becomes: how can people’s ideas be shaped so as to control them? Simply bombarding the population with messages only works for a while, until people become jaded and resistant to them. That’s where Edward Snowden’s revelations about “big data surveillance” come in, Tufekci suggests:
Individually tailored, subtle messages are less likely to produce a cynical reaction. Especially so if the data collection that makes these messages possible is unseen. That’s why it’s not only the NSA that goes to great lengths to keep its surveillance hidden. Most Internet firms also try to monitor us surreptitiously.
She’s worried about this approach being used to influence people’s political behavior, and points to a recent study in Nature that explored precisely this area:
By altering a message designed to encourage people to vote so that it came with affirmation from a person’s social network, rather than being impersonal, the researchers had shown that they could persuade more people to participate in an election. Combine such nudges with psychological profiles, drawn from our online data, and a political campaign could achieve a level of manipulation that exceeds that possible via blunt television adverts.
Indeed, Tufekci thinks the process has already begun:
During a break [in a conference called “Data-Crunched Democracy”], I cornered the chief scientist on Obama’s data analytics team, who in a previous job ran data analytics for supermarkets. I asked him if what he does now — marketing politicians the way grocery stores market products on their shelves — ever worried him. It’s not about Obama or Romney, I said. This technology won’t always be used by your team. In the long run, the advantage will go to the highest bidder, the richer campaign.
He shrugged, and retreated to the most common cliché used to deflect the impact of technology: “It’s just a tool,” he said. “You can use it for good; you can use it for bad.”
That’s hardly very comforting, and neither is Tufekci’s concluding thought:
Internet technology lets us peel away layers of divisions and distractions and interact with one another, human to human. At the same time, the powerful are looking at those very interactions, and using them to figure out how to make us more compliant. That’s why surveillance, in the service of seduction, may turn out to be more powerful and scary than the nightmares of Nineteen Eighty-Four.
Follow Glyn Moody @glynmoody on Twitter or identi.ca, and +glynmoody on Google+
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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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.
Brazil-Europe Internet cable to cost $185 million
BRICS Post | February 13, 2014
Brazil is pushing ahead with plans to boost its Internet security by developing an undersea fibre-optics communications cable that would reroute its online traffic directly to Europe, bypassing the United States.
State-owned telecom provider Telebras recently announced that it was entering into a joint venture with Spain’s IslaLink Submarine Cables to build a link between the northeastern city of Fortaleza and the Iberian Peninsula.
The undersea cable is budgeted at $185 million and construction is scheduled to begin in July.
Brazil, along with most Central and South American countries, traditionally routes its Internet traffic through the Network Access Point, which is hosted in Miami, Florida.
Brazil, Russia, India, China and South Africa currently use hubs in Europe and the US to connect to one another, which translates into higher costs and leaves open the opportunity for data interception and theft.
Telebras project coordinator Ronald Valladão says the cable will boost Brazil’s Internet security and cut online costs for the consumer.
“This new submarine cable provides a direct connection to the European continent, decreasing latency. It is expected that this will result in cost reductions,” he recently told the media.
Since Edward Snowden, the National Security Agency contractor who leaked vital intelligence to the media on US domestic and overseas surveillance, published information that Washington was aggressively spying on Brazilian officials, including the president, Brasilia has made Internet security and communications a priority.
Brazil and its fellow BRICS partners are also moving ahead with building a massive undersea cable that would connect all members.
By the time it is completed, the BRICS Cable will be the third longest undersea telecommunications cable in the world, covering a distance of 34,000km.
Brazilian President Dilma Rousseff has also pushed a new Internet bill that would compel Google, Facebook and other networks to store locally gathered data in the country, and not on overseas servers.
The new legislation would force foreign-based Internet companies to maintain data centres inside Brazil that would then be governed by Brazilian privacy laws, officials said.
Rousseff has repeatedly said that the US spying regimen is unacceptable, and postponed an official visit to the US originally scheduled for October 23 in protest.
“The illegal practices of intercepting the communications and data of citizens, companies and members of the Brazilian government constitute a serious act against national sovereignty and individual rights, and incompatible with the democratic coexistence of friendly countries,” a presidential statement said when revelations of espionage in Brazil were made public.
On November 24, Brazil and Argentina urged other South American countries to discuss a bilateral treaty on cyber-security.
On November 27, the UN Rights Committee passed a “right to privacy” resolution, drafted by Brazil and Germany.
The Third Committee of the UN General Assembly, which deals with social, humanitarian and cultural affairs, unanimously adopted the resolution, saying surveillance and data interception by governments and companies “may violate or abuse human rights.”
In late January, talks between Brazil and the US failed to satisfactorily answer the spying charges or eke out a “permanent solution” to restore bilateral ties damaged by the Snowden revelations.
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Israeli forces protect settlers as they cut down Palestinian family’s trees
International Solidarity Movement | February 12, 2014
Hebron, Occupied Palestine – On the afternoon of February 11, 2014, settlers in the Tel Rumeida neighborhood of Al-Khalil (Hebron) cut down trees belonging to the Abu Eisheh family. While attempting to film the destruction of the trees, four human rights activists were arrested by Israeli police.
At approximately 3:30 p.m., three activists, a Swiss-American, an American, and an Italian, were sitting in their apartment in Tel Rumeida when they heard a commotion outside. Outside the apartment, they found a group of settlers, Palestinians, Israeli soldiers and Israeli police. They were informed by the Palestinians that a group of settlers was cutting down trees at a house just up the road.
The three activists began filming but were not allowed up the road to where the tree-cutting was taking place. While filming, the American activist was physically assaulted by a settler. None of the soldiers or police officers present intervened. Instead, the Israeli police took the passports belonging to the American and Swiss-American and told them to sit on the ground.
At this time, the Italian citizen returned to the apartment, where she was joined by a fourth activist, an American, who had just arrived. Shortly thereafter, a group of soldiers and police officers attempted to enter the apartment. They were not allowed entry, but briefly questioned the two activists outside the apartment door. The Israeli police then confiscated the passports belonging to the American and the Italian.
Not long after, all four activists were transported to the police station near Kiryat Arba, where they were interrogated and threatened with deportation. After seven hours, the activists were released.
The following day, February 12th, two activists from Christian Peacemaker Teams visited Tel Rumeida to document the destruction of the trees. They were not there long before several Israeli soldiers approached them, told them to stop filming, and took their passports. They were held for two hours before their passports were returned. Israeli soldiers informed the two activists that if they approached the trees again they would be arrested.
The destruction of Palestinian trees by settlers is a chronic problem, not only in Tel Rumeida, but all over the West Bank. In the past month alone, more than 2500 trees in the village of Sinjil were destroyed by settlers. Trees have also recently been destroyed by settlers in Qusra, Ramallah, and Nablus. Fruit trees are an essential resource for the Palestinian community, and their damage causes serious economic loss. It takes as long as 12 years for an olive tree to reach full maturity.
ISM activist with settlers in Tel Rumeida (photo by ISM Italy)
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Villains of Judea
Samuel Zemurray
The ruthless businessman who financed coups in Central America and shaped Israeli statehood
José Niño Unfiltered | May 7, 2026
Leftist commentators consistently push a shallow and economically reductive narrative that frames American foreign policy as the sole domain of greedy White capitalists while choosing to ignore the obvious Jewish power structure directing these events. When the veneer of this supposed corporate imperialism is stripped away, it becomes clear that the United States has often served as a vehicle for the specific goals of organized Jewry. The life of Samuel Zemurray stands as prime evidence of this hidden mechanism.
Few figures in American business history wielded power as ruthlessly or as secretly as Zemurray. Born Schmiel Zmurri on January 18, 1877, to a poor Jewish family in Imperial Russia, this teenage immigrant would rise from peddling rotting bananas off railroad cars in Alabama to become the controlling force behind the United Fruit Company, the most powerful agricultural corporation on earth. Along the way he overthrew governments, bribed presidents, hired mercenaries, and played a pivotal behind-the-scenes role in the creation of the State of Israel. … continue
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