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.
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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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Turkish police use tear gas to disperse protest against new internet controls
RT | February 8, 2014
Turkish police have fired tear gas and water cannons to disperse crowds of protesters rallying against “draconian” internet laws approved by parliament.
Police approached the crowd along Istanbul’s Istiklal Avenue and fired water cannons from behind armored vehicles as protesters tried to march to the city’s main square.
“Everywhere is bribery, everywhere is corruption,” protesters chanted.
As riot police fired water cannons at protesters, some of them responded by throwing stones or setting off fireworks aimed at law enforcement officers.
The new bill was passed late Wednesday by the parliament dominated by the Erdogan’s AKP party.
If the president approves the legislation, it would give authorities the power to block web pages without a court order within just hours.
It would also require internet service providers (ISPs) to store data on their clients’ online activities for two years and provide it to the authorities on request.
However, Prime Minister Recep Tayyip Erdogan rejected any possibility that the regulations would allow authorities to have access to internet users’ personal information.
“Never. It is out of the question that people’s private data will be recorded,” he said in Istanbul on Saturday.
The opposition says the move is part of a government bid to stifle a corruption scandal and accuses the government of limiting Internet freedoms.
Erdogan denies accusations of censorship, saying the legislation would make the internet “more safe and free.”
“These regulations do not impose any censorship at all on the Internet … On the contrary, they make it safer and freer,” he said.
Prepared by the Ministry of Family and Social Policy, the bill provoked mass rallies in mid-January, shortly after it was announced. The protest was dispersed by riot police who used water cannons and tear gas against hundreds of opponents of the bill.
The bill amends Law No. 5651, widely known as Turkey’s Internet Law that came into effect in July 2007.

NSA Defender Explains How Even Though NSA Spies On Americans, It’s OK To Say They Don’t
Orwell Would Be Proud
By Mike Masnick | Techdirt | February 6, 2014
Benjamin Wittes of the Brooking Institution has become the go-to non-government NSA apologist. One of his most recent articles is a true work of rhetorical artistry, in which he tries to explain why saying “the NSA doesn’t spy on Americans” is acceptable shorthand for the fact that the NSA spies on pretty much every American. It’s a master class in political doubletalk. First, it’s the law’s fault. The law, you see, is too complicated for mere mortals not working for the NSA to understand, so that makes it okay to lie:
The law is so dense and so complicated that it cannot be accurately summarized at a level a citizen can reasonably process.
Any effort to summarize the relevant law necessarily ignores themes sufficiently important to its architecture that the reductionism will partake of serious inaccuracy. The person who told my friend that NSA does not spy on Americans was not lying. He or she was highlighting a crucially-important limitation on NSA’s authority vis a vis US persons. The law and the relevant regulations all contain significant territorial restrictions and significant protections for US persons overseas as well—all designed to separate the foreign intelligence mission of NSA from both domestic intelligence and domestic law enforcement. It’s a sincere and pervasive effort. “We don’t spy on Americans” is a common shorthand for a wealth of law and practice that really and meaningfully keeps the agency out of the business of being a covert domestic intelligence agency.
Got that? Because there are some limitations on all the spying they do on Americans, and it’s too complicated to understand those limitations, so it’s okay to lie and say they don’t spy on Americans. Of course, in the very next paragraph, Wittes tries to effectively brush away the massive amount of surveillance done on Americans.
NSA, after all, does spy on individual Americans with an order from the FISC. It does, moreover, capture all domestic telephony metadata. And most importantly, it does routinely capture communications between Americans and the targets of its surveillance and incidentally capture other material its systems scoop up overseas—subject to rules that limit the retention and processing of US person information. In other words, to say that NSA does not spy on Americans emphatically does not mean, as a reasonable student or citizen might expect it to mean, that the agency does not regularly acquire and process the communications of Americans.
Of course, as Jameel Jaffer from the ACLU points out, this is all nonsense because it’s a simple fact that the NSA does do surveillance on Americans, and to claim otherwise is not acceptable shorthand. It’s a lie. And while Wittes then tries to obfuscate things even more by trying and purposely failing to come up with a concise way of summarizing what the NSA does, Jaffer helps out with a few workable suggestions:
This is nonsense. Perhaps Ben’s right that it’s difficult to come up with a single sentence, or even a single paragraph, that clearly and comprehensively describes the nature and extent of the NSA’s surveillance of Americans. (Can you describe any federal agency’s functions in a single, comprehensive paragraph?) But it’s not difficult to come up with a sentence more accurate than “The NSA doesn’t spy on Americans.” Try this one: “The NSA spies on Americans.” Or this one: “The NSA collects a huge amount of information about Americans’ communications and in many contexts it collects the communications themselves.” Or this one: “The NSA is sometimes described as a foreign-intelligence agency but this label should not obscure the fact that a large part of the agency’s energy is dedicated to collecting and analyzing information about Americans.”
Jaffer further points out that Wittes’s suggestion that those who claim the NSA doesn’t spy on Americans are really trying to tell the truth through shorthand, is actually misleading. As Jaffer points out:
Any official who says the NSA isn’t spying on Americans is seeking to mislead.
And anyone defending that statement is trying to support that fundamental attempt to mislead.
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US surveillance cameras raise privacy concerns
Press TV – February 6, 2014
Privacy advocates in the United States are concerned about a new class of surveillance cameras which are able to monitor an area the size of a small city for several hours at a time.
The cameras, built by Persistent Surveillance Systems, can spot people up to 25 miles away, The Washington Post reports.
The cameras, mounted on a fixed wing aircraft, can track every vehicle and person, enabling police, businesses and even private individuals to identify people and track their movements, the report says.
Ross McNutt, the president of Persistent Surveillance Systems, said the cameras have already been flown above major public events such as the Ohio political rally where Sen. John McCain (R-Ariz.) named Sarah Palin as his running mate in 2008.
He said they have also been flown above Baltimore; Philadelphia; Compton, Calif.; and Dayton in demonstrations for police.
McNutt, a former Air Force officer who helped design a similar surveillance system for use in wartime Iraq, said he hopes to deploy the systems around the country to help solve and deter crime.
However, the use of cameras in US cities is raising civil liberties concerns, though courts have put stricter limits on technology that can see things not visible to the naked eye, ruling that they can amount to unconstitutional searches when conducted without a warrant.
“If you turn your country into a totalitarian surveillance state, there’s always some wrongdoing you can prevent,” said Jay Stanley, a privacy expert with the American Civil Liberties Union. “The balance struck in our Constitution tilts toward liberty, and I think we should keep that value.”






