Under CISPA, Who Can Get Your Data?
By Rainey Reitman | EFF | March 20, 2013
Under CISPA, companies can collect your information in order to “protect the rights and property” of the company, and then share that information with third parties, including the government, so long as it is for “cybersecurity purposes.” Companies aren’t required to strip out personally identifiable information from the data they give to the government, and the government can then use the information for purposes wholly unrelated to cybersecurity – such as “national security,” a term the bill leaves undefined.
One question we sometimes get is: Under CISPA, which government agencies can receive this data? For example, could the FBI, NSA, or Immigration and Customs Enforcement receive data if CISPA were to pass?
The answer is yes. Any government agency could receive data from companies if this were to pass, meaning identifiable data could be flowing to the Bureau of Alcohol, Tobacco, Firearms and Explosives, the National Security Agency, or even the Food and Drug Administration.
Below is a list of agencies that could get your data under CISPA (Thanks, Wikipedia!). Note that this is just agencies we’ve identified; it’s possible there are even more we haven’t listed here.
Find this offensive and deeply concerning? Email Congress today to oppose CISPA.
Under CISPA, which government agencies can get your data?
Executive Office of the President
Agencies within the Executive Office of the President:
Council of Economic Advisers
Council on Environmental Quality
Domestic Policy Council
National Economic Council
National Security Council
Office of Administration
Office of Faith-Based and Neighborhood Partnerships
Office of Management and Budget
Office of National AIDS Policy
Office of National Drug Control Policy
Office of Intergovernmental Affairs and Public Engagement
Office of Science and Technology Policy
Office of the President
Office of the First Lady
Office of the First Children
Office of the Vice President
Office of the Second Lady
Office of the Second Children
President’s Economic Recovery Advisory Board
President’s Intelligence Oversight Board
President’s Intelligence Advisory Board
United States Trade Representative
White House Office
White House Military Office
United States Department of Agriculture
Agencies within the Department of Agriculture:
Agricultural Marketing Service
Agricultural Research Service
Animal and Plant Health Inspection Service
Center for Nutrition Policy and Promotion
Economic Research Service
Farm Service Agency
Commodity Credit Corporation
Food and Nutrition Service
Food Safety and Inspection Service
Foreign Agricultural Service
Forest Service
Grain Inspection, Packers and Stockyards Administration
Marketing and Regulatory Programs
National Agricultural Statistics Service
National Institute of Food and Agriculture
4-H
Natural Resources Conservation Service
Risk Management Agency
Federal Crop Insurance Corporation
Rural Business and Cooperative Programs
Office of Rural Development
Research, Education and Economics
Rural Housing Service
Rural Utilities Service
United States Department of Commerce
Agencies within the Department of Commerce:
Census Bureau
Bureau of Economic Analysis
Bureau of Industry and Security
Economic Development Administration
Economics and Statistics Administration
Export Enforcement
Import Administration
International Trade Administration
Office of Travel and Tourism Industries
Invest in America
Manufacturing and Services
Marine and Aviation Operations
Market Access and Compliance
Minority Business Development Agency
National Oceanic and Atmospheric Administration
NOAA Commissioned Corps
National Environmental Satellite, Data, and Information Service
National Marine Fisheries Service
National Oceanic Service
National Weather Service
National Telecommunications and Information Administration
Patent and Trademark Office
National Institute of Standards and Technology
National Technical Information Service
Trade Promotion and the U.S. And Foreign Commercial Service
United States Department of Defense
Agencies within the Department of Defense:
Department of the Army
United States Army
Army Intelligence and Security Command
Army Corps of Engineers
Department of the Navy
United States Navy
Office of Naval Intelligence
U.S. Naval Academy
Marine Corps
Marine Corps Intelligence Activity
Department of the Air Force
United States Air Force
Civil Air Patrol
Air Force Intelligence, Surveillance and Reconnaissance Agency
Joint Chiefs of Staff
J-2 Intelligence
National Guard Bureau
Natural Disaster and Disaster Help Program
J-2 Intelligence Directorate
Air National Guard
Army National Guard
America Citizen Militia
America Citizen Militia Intelligence
Defense Advanced Research Projects Agency
Defense Commissary Agency
Defense Contract Audit Agency
Defense Contract Management Agency
Defense Finance and Accounting Service
Defense Information Systems Agency
Defense Intelligence Agency
Defense Logistics Agency
Defense Security Cooperation Agency
Defense Security Service
Defense Technical Information Center
Defense Threat Reduction Agency
Missile Defense Agency
National Security Agency
Central Security Service
National Reconnaissance Office
National Geospatial-Intelligence Agency
Naval Criminal Investigative Service
Pentagon Force Protection Agency
United States Pentagon Police
American Forces Information Service
Defense Prisoner of War/Missing Personnel Office
Department of Defense Education Activity
Department of Defense Dependents Schools
Defense Human Resources Activity
Office of Economic Adjustment
TRICARE Management Activity
Washington Headquarters Services
West Point Military Academy
United States Department of Education
Agencies within the Department of Education:
Federal Student Aid
Institute of Education Sciences
National Center for Education Statistics
National Center for Education Evaluation and Regional Assistance
Education Resources Information Center
National Center for Education Research
National Center for Special Education Research
National Assessment Governing Board
National Assessment of Educational Progress
Office for Civil Rights
Office of Elementary and Secondary Education
Office of Safe and Healthy Students
Office of Postsecondary Education
Office of Special Education and Rehabilitative Services
National Institute on Disability and Rehabilitation Research
Office of Special Education Programs
Rehabilitation Services Administration
Special institutions
American Printing House for the Blind
National Technical Institute for the Deaf
Gallaudet University
Office of Vocational and Adult Education
United States Department of Energy
List of agencies within the Department of Energy:
Energy Information Administration
Federal Energy Regulatory Commission
National Laboratories & Technology Centers
University Corporation for Atmospheric Research
National Nuclear Security Administration
Power Marketing Administrations:
Bonneville Power Administration
Southeastern Power Administration
Southwestern Power Administration
Western Area Power Administration
United States Department of Health and Human Services
Agencies within the Department of Health and Human Services:
Administration on Aging
Administration for Children and Families
Administration for Children, Youth and Families
Agency for Healthcare Research and Quality
Centers for Disease Control and Prevention
National Institute for Occupational Safety and Health
Epidemic Intelligence Service
National Center for Health Statistics
Centers for Medicare and Medicaid Services
Food and Drug Administration
Reagan-Udall Foundation
Health Resources and Services Administration
Patient Affordable Healthcare Care Act Program {to be implemented fully in 2014}
Independent Payment Advisory Board
Indian Health Service
National Institutes of Health
National Health Intelligence Service
Public Health Service
Federal Occupational Health
Office of the Surgeon General
United States Public Health Service Commissioned Corps
Substance Abuse and Mental Health Services Administration
United States Department of Homeland Security
Agencies
Federal Emergency Management Agency
FEMA Corps
U.S. Fire Administration
National Flood Insurance Program
Federal Law Enforcement Training Center
Transportation Security Administration
United States Citizenship and Immigration Services
United States Coast Guard (Transfers to Department of Defense during declared war or national emergency)
Coast Guard Intelligence
National Ice Center
United States Ice Patrol
United States Customs and Border Protection
Office of Air and Marine
Office of Border Patrol
U.S. Border Patrol
Border Patrol Intelligence
Office of Field Operations
United States Immigration and Customs Enforcement
United States Secret Service
Secret Service Intelligence Service
Offices
Domestic Nuclear Detection Office
Office of Health Affairs
Office of Component Services
Office of International Affairs and Global Health Security
Office of Medical Readiness
Office of Weapons of Mass Destruction and Biodefense
Office of Intelligence and Analysis
Office of Operations Coordination
Office of Policy
Homeland Security Advisory Council
Office of International Affairs
Office of Immigration Statistics
Office of Policy Development
Office for State and Local Law Enforcement
Office of Strategic Plans
Private Sector Office
Management
Directorate for Management
National Protection and Programs
National Protection and Programs Directorate
Federal Protective Service
Office of Cybersecurity and Communications
National Communications System
National Cyber Security Division
United States Computer Emergency Readiness Team
Office of Emergency Communications
Office of Infrastructure Protection
Office of Risk Management and Analysis
United States Visitor and Immigrant Status Indicator Technology (US-VISIT)
Science and Technology
Science and Technology Directorate
Environmental Measurements Laboratory
Portfolios
Innovation/Homeland Security Advanced Research Projects Agency
Office of Research
Office of National Laboratories
Office of University Programs
Program Executive Office, Counter Improvised Explosive Device
Office of Transition
Commercialization Office
Long Range Broad Agency Announcement Office
Product Transition Office
Safety Act Office
Technology Transfer Office
Divisions
Border and Maritime Security Division
Chemical and Biological Division
Command, Control and Interoperability Division
Explosives Division
Human Factors Division
Infrastructure/Geophysical Division
Offices and Institutes
Business Operations Division
Executive Secretariat Office
Human Capital Office
Key Security Office
Office of the Chief Administrative Officer
Office of the Chief Information Officer
Planning and Management
Corporate Communications Division
Interagency and First Responders Programs Division
International Cooperative Programs Office
Operations Analysis Division
Homeland Security Studies and Analysis Institute
Homeland Security Systems Engineering and Development Institute
Strategy, Policy and Budget Division
Special Programs Division
Test & Evaluation and Standards Division
United States Department of Housing and Urban Development
Agencies
Federal Housing Administration
Federal Housing Finance Agency
Offices
Center for Faith-Based and Neighborhood Partnerships (HUD)
Departmental Enforcement Center
Office of Community Planning and Development
Office of Congressional and Intergovernmental Relations
Office of Equal Employment Opportunity
Office of Fair Housing and Equal Opportunity
Office of Field Policy and Management
Office of the General Counsel
Office of Healthy Homes and Lead Hazard Control
Office of Hearings and Appeals
Office of Labor Relations
Office of Policy Development and Research
Office of Public Affairs
Office of Public and Indian Housing
Office of Small and Disadvantaged Business Utilization
Office of Sustainable Housing and Communities
Corporation
Government National Mortgage Association (Ginnie Mae)
United States Department of the Interior
Agencies:
Bureau of Indian Affairs
Bureau of Land Management
Bureau of Reclamation
Fish and Wildlife Service
Bureau of Ocean Energy Management (formerly Minerals Management Service)
Bureau of Safety and Environmental Enforcement (formerly Minerals Management Service)
National Park Service
Office of Insular Affairs
Office of Surface Mining
National Mine Map Repository
United States Geological Survey
United States Department of Justice
Agencies:
Antitrust Division
Asset Forfeiture Program
Bureau of Alcohol, Tobacco, Firearms and Explosives
Civil Division
Civil Rights Division
Community Oriented Policing Services
Community Relations Service
Criminal Division
Diversion Control Program
Drug Enforcement Administration
Environment and Natural Resources Division
Executive Office for Immigration Review
Executive Office for Organized Crime Drug Enforcement Task Forces
Executive Office for United States Attorneys
Executive Office for United States Trustees
Federal Bureau of Investigation
Federal Bureau of Prisons
UNICOR
Foreign Claims Settlement Commission
INTERPOL – United States National Central Bureau
Justice Management Division
National Crime Information Center
National Drug Intelligence Center
National Institute of Corrections
National Security Division
Office of the Associate Attorney General
Office of the Attorney General
Office of Attorney Recruitment and Management
Office of the Chief Information Officer
Office of the Deputy Attorney General
Office of Dispute Resolution
Office of the Federal Detention Trustee
Office of Information Policy
Office of Intergovernmental and Public Liaison
Office of Intelligence and Analysis
Office of Justice Programs
Bureau of Justice Assistance
Bureau of Justice Statistics
Community Capacity Development Office
National Criminal Justice Reference Service
National Institute of Justice
Office of Juvenile Justice and Delinquency Prevention
Office for Victims of Crime
Office of Legal Counsel
Office of Legal Policy
Office of Legislative Affairs
Office of the Pardon Attorney
Office of Privacy and Civil Liberties
Office of Professional Responsibility
Office of Public Affairs
Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking
Office of the Solicitor General
Office of Special Counsel
Office of Tribal Justice
Office on Violence Against Women
Professional Responsibility Advisory Office
Tax Division
United States Attorneys
United States Marshals
United States Parole Commission
United States Trustee Program
United States Department of Labor
Agencies and Bureaus
Bureau of International Labor Affairs
Bureau of Labor Statistics
Center for Faith-Based and Neighborhood Partnerships (DOL)
Employee Benefits Security Administration
Employment and Training Administration
Job Corps
Mine Safety and Health Administration
Occupational Safety and Health Administration
Pension Benefit Guaranty Corporation
Veterans’ Employment and Training Service
Wage and Hour Division
Women’s Bureau
Boards
Administrative Review Board
Benefits Review Board
Employees’ Compensation Appeals Board
Offices
Office of Administrative Law Judges
Office of the Assistant Secretary for Administration and Management
Office of the Assistant Secretary for Policy
Office of the Chief Financial Officer
Office of the Chief Information Officer
Office of Congressional and Intergovernmental Affairs
Office of Disability Employment Policy
Office of Federal Contract Compliance Programs
Office of Labor-Management Standards
Office of the Solicitor
Office of Worker’s Compensation Program
Ombudsman for the Energy Employees Occupational Illness Compensation Program
United States Department of State
Agencies and Bureaus
National Council for the Traditional Arts
Reporting to the Secretary
Bureau of Intelligence and Research
Bureau of Legislative Affairs
Office of the Legal Adviser
Reporting to the Deputy Secretary for Management and Resources
Executive Secretariat
Office of the Chief of Protocol
Office for Civil Rights
Office of the Coordinator for Counterterrorism
Office of the United States Global AIDS Coordinator
Office of Global Criminal Justice
Policy Planning Staff
Reporting to the Under Secretary for Arms Control and International Security
Bureau of International Security and Nonproliferation
Bureau of Political-Military Affairs
Bureau of Arms Control, Verification and Compliance
Reporting to the Under Secretary for Democracy and Global Affairs
Bureau of Democracy, Human Rights, and Labor
Bureau of Oceans and International Environmental and Scientific Affairs
Bureau of Population, Refugees, and Migration
Office to Monitor and Combat Trafficking in Persons
Reporting to the Under Secretary for Economic, Energy and Agricultural Affairs
Bureau of Economic, Energy and Business Affairs
Reporting to the Under Secretary for Management
Bureau of Administration
Bureau of Consular Affairs
Office of Overseas Citizens Services
Bureau of Diplomatic Security (DS)
Diplomatic Security Service (DSS)
Office of Foreign Missions (OFM)
Overseas Security Advisory Council (OSAC)
Bureau of Human Resources
Family Liaison Office
Bureau of Information Resource Management
Bureau of Overseas Buildings Operations
Bureau of Resource Management
Foreign Service Institute
Office of Management Policy, Rightsizing and Innovation
Reporting to the Under Secretary for Political Affairs
Bureau of African Affairs
Bureau of East Asian and Pacific Affairs
Bureau of European and Eurasian Affairs
Bureau for International Narcotics and Law Enforcement Affairs
Bureau of International Organization Affairs
Bureau of Near Eastern Affairs
Bureau of South and Central Asian Affairs
Bureau of Western Hemisphere Affairs
Reporting to the Under Secretary for Public Diplomacy and Public Affairs
Bureau of Educational and Cultural Affairs
Bureau of International Information Programs
Bureau of Public Affairs
Office of the Historian
Office of Policy, Planning and Resources for Public Diplomacy and Public Affairs
Permanent Diplomatic Missions
United States Mission to the African Union
United States Mission to ASEAN
United States mission to the Arab League
United States mission to the Council of Europe (and to all other European Agencies)
United States Mission to International Organizations in Vienna
United States Mission to the European Union
United States Mission to the International Civil Aviation Organization
United States Mission to the North Atlantic Treaty Organization
United States Mission to the Organisation for Economic Co-operation and Development
United States Mission to the Organization of American States
United States Mission to the Organization for Security and Cooperation in Europe
United States Mission to the United Nations
United States Mission to the UN Agencies in Rome
United States Mission to the United Nations Office and Other International Organizations in Geneva
United States Observer Mission to the United Nations Educational, Scientific, and Cultural Organization
United States Permanent Mission to the United Nations Environment Program and the United Nations Human Settlements Programme
United States Department of Transportation
Agencies
Bureau of Transportation Statistics
Federal Aviation Administration
Air Traffic Organization
Federal Highway Administration
Federal Motor Carrier Safety Administration
Federal Railroad Administration
Federal Transit Administration
Maritime Administration
National Highway Traffic Safety Administration
Office of Intelligence, Security and Emergency Response
Pipeline and Hazardous Materials Safety Administration
Research and Innovative Technology Administration
Saint Lawrence Seaway Development Corporation
Surface Transportation Board
United States Department of the Treasury
Agencies and Bureaus
Alcohol and Tobacco Tax and Trade Bureau
Bureau of Engraving and Printing
Bureau of the Public Debt
Community Development Financial Institutions Fund
Federal Consulting Group
Financial Crimes Enforcement Network
Financial Management Service
Internal Revenue Service
Office of the Comptroller of the Currency
Office of Thrift Supervision
Office of Financial Stability
United States Mint
Offices
Office of Domestic Finance
Office of Economic Policy
Office of International Affairs
Office of Tax Policy
Office of Terrorism and Financial Intelligence
Treasurer of the United States
United States Department of Veterans Affairs
Agencies
National Cemetery Administration
Veterans Benefits Administration
Veterans Health Administration
Independent Agencies and Government Corporations
Administrative Conference of the United States
Advisory Council on Historic Preservation
African Development Foundation
Amtrak (National Railroad Passenger Corporation)
Armed Forces Retirement Home
Central Intelligence Agency
Commission on Civil Rights
Commodity Futures Trading Commission
Consumer Product Safety Commission
Corporation for National and Community Service
Corporation for Public Broadcasting
Court Services and Offender Supervision Agency
Defense Nuclear Facilities Safety Board
Election Assistance Commission
Environmental Protection Agency
Equal Employment Opportunity Commission
Export-Import Bank of the United States
Farm Credit Administration
Federal Communications Commission
Federal Deposit Insurance Corporation
Federal Election Commission
Federal Housing Finance Board
Federal Labor Relations Authority
Federal Maritime Commission
Federal Mediation and Conciliation Service
Federal Mine Safety and Health Review Commission
Federal Reserve System
United States Consumer Financial Protection Bureau
Federal Retirement Thrift Investment Board
Federal Trade Commission
General Services Administration
Helen Keller National Center
Institute of Museum and Library Services
Inter-American Foundation
International Broadcasting Bureau
Merit Systems Protection Board
Military Postal Service Agency
National Aeronautics and Space Administration
National Archives and Records Administration
Office of the Federal Register
National Capital Planning Commission
National Constitution Center
National Council on Disability
National Credit Union Administration
Central Liquidity Facility
National Endowment for the Arts
National Endowment for the Humanities
National Labor Relations Board
National Mediation Board
National Science Foundation
United States Antarctic Program
National Transportation Safety Board
Nuclear Regulatory Commission
Office of the Federal Coordinator, Alaska Natural Gas Transportation Projects
Occupational Safety and Health Review Commission
Office of Compliance
Office of Government Ethics
Office of Personnel Management
Federal Executive Institute
Combined Federal Campaign
Office of Special Counsel
Office of the National Counterintelligence Executive
Office of the Director of National Intelligence
Intelligence Advanced Research Projects Activity
Overseas Private Investment Corporation
Panama Canal Commission
Peace Corps
Postal Regulatory Commission
Railroad Retirement Board
Securities and Exchange Commission
Securities Investor Protection Corporation
Selective Service System
Small Business Administration
Social Security Administration
Tennessee Valley Authority
U.S. Trade and Development Agency
United States Agency for International Development
United States International Trade Commission
United States Postal Service
Inspectors General
Related articles
Five Reasons Why the Courts Aren’t Enough to Ensure Drone Privacy
By Jay Stanley | ACLU | March 15, 2013
Yesterday the drone regulation bill in the Washington state legislature died, having failed to meet the cutoff date for moving to the House floor. Although our lobbyist there thought the bill would have passed both houses had the Democratic leadership allowed it to get there, they did not. Boeing lobbied against the bill, as did law enforcement.
One of the arguments presented by opponents, our Washington state lobbyist Shankar Narayan reports, was the claim that no regulations are needed for drones because we ought to let the courts work out the privacy issues surounding drones and deal with any abuses that arise. I have also heard spokespeople for the drone industry association, the AUVSI, making this argument lately. It seems to be emerging as a primary argument of drone-legislation opponents.
This is a weak argument. Let me briefly give five reasons why:
- There is no reason to wait for abuses to happen when they are easily foreseeable. When you put an enormously powerful surveillance technology in the hands of the police and do not place any restrictions on its use, it will be abused, sooner or later, in ways illegal (i.e. by bad apples) and legal (i.e. through officially approved policies that nonetheless violate our Constitution and/or values). Why wait, when we can prevent them before they take place and spare their victims the grief?
- The legal system has always been very slow to adapt to new technology. For example, it took the Supreme Court 40 years to apply the Fourth Amendment to telephone calls. At first the court found in a 1928 decision that because telephone surveillance did not require entering the home, the conversations that travel over telephone wires are not protected. It was not until 1967 that this literal-minded hairsplitting about “constitutionally protected areas” was overturned (with the court declaring that the Constitution “protects people, not places”). Today, technology is moving far faster than it did in the telephone era—but the gears of justice turn just as slowly as they ever have (and maybe slower).
- There are many uncertainties about how our Constitution will be applied by the courts to aerial surveillance. Just as the new technology of the telephone broke the Supreme Court’s older categories of understanding, so too will drones with all their new capabilities bring up new situations that will not fit neatly within existing jurisprudential categories of analysis. For example, how will the courts view the use of drones for routine location tracking? The Supreme Court started to grapple with such questions in its recent decision in the Jones GPS case, but it is far from clear what the ultimate resolution will be. The Supreme Court has ruled before that the Fourth Amendment provides no protection from aerial surveillance, even in one’s backyard surrounded by a high fence, and while the new factors that drones bring to the equation could shift that judgment, we cannot be certain. Legislators should not sit around waiting for cases to come before the courts; they should act to preserve our values now.
- Legislatures often set rules even when the Constitution would seem to cover something. To take just one example: after the Supreme Court issued that 1967 ruling that a warrant was needed to tap someone’s phone, Congress went on to enact detailed standards the government had to follow before it could do so. What it did not do was throw its hands up and say “the court has ruled, if there are any further abuses we can let the courts take care of them.”
- Our courts often defer to the judgments of elected bodies. While the courts’ role is to step in and protect fundamental rights when they are threatened by the majority, they normally show great deference toward the judgments of elected representatives of the people. And for good reason—we live in a democracy, and unless fundamental rights are at stake decisions should be made by our democratic representatives. A legislature acting to protect fundamental rights such as privacy does not threaten such rights, and there is no reason why elected representatives shouldn’t act to protect our fundamental values if they feel that the citizens in their districts want them to.
Let’s hope that state legislators in other states don’t fall for this line of argument.
Captive Ukrainian journalist escapes Syrian rebels
RT | March 11, 2013
After five months of captivity in fear of execution, Ukrainian journalist Anhar Kochneva has safely escaped from Syrian rebels, Kochneva’s ex-husband told RT.
Relatives and friends of the journalist said Kochneva managed to escape the building she was kept in, and hid from the pursuers in the mountains. She then had to walk about 15km before reaching Syrian army forces, and is now travelling to Damascus in safety.
Kochneva ironically wrote she’s “back from the Wonderland” in a short LiveJournal post, promising some further details later.
She also confirmed the details of her escape in two brief media interviews, saying the captors mistreated her, and she decided to run away for the fear that they would kill her and blame government forces for another death. Kochneva said she had to live in a cold room with a broken window, leaving her health in a terrible state.
Despite this, the journalist vowed to remain in Syria and continue to highlight the ongoing conflict.
“The world is just blind… I will definitely do everything for the people to discover, what is really going on here,” Kochneva told Business FM, saying Syria is “a friend in need”.
Anhar Kochneva, who had reported critically about the Syrian rebels for Russian and Ukrainian news outlets, was captured in the beginning of October 2012 near the city of Homs. The city, seen as the cradle of the Syrian revolution, has recently been going through frequent fighting outbursts, which Kochneva was following at the time of her capture.
The kidnappers, members of the Free Syrian Army, had repeatedly threatened to kill the journalist in December, if a US$50 million ransom was not paid. They later lowered the sum to reportedly $300,000, and announced they had “spared” Kochneva for the time being.
Kochneva’s relatives said they had been unaware of her fate since New Year, and accused the Ukrainian Foreign Ministry of being “inactive” and “ignoring the negotiation process.”
Syrian rebels, who had been in contact with the journalist’s former husband, also claimed that Ukrainian authorities were doing nothing. The rebels uploaded several videos of Kochneva last year, in which she admitted to having participated in the fighting, and of working as a military interpreter with Syrian and Russian officers.
International groups like the Committee to Protect Journalists, ARTICLE 19, the International Press Institute and Reporters Without Borders have questioned the objectivity of these videos, saying the journalist appeared to be speaking under pressure.
The groups urged the Free Syrian Army and the Syrian Opposition Coalition to ensure that the journalist is safe and set free, and called for world governments to assist in her release.
The Foreign Ministry of Ukraine has said that it was taking all necessary measures to free the journalist and urged Damascus for “concrete results” in attempts to release her.
The ministry has confirmed on Monday that Kochneva is free, without elaborating on the circumstances of her escape.
John Brennan Sworn in as CIA Director Using Constitution Lacking Bill of Rights
Emptywheel | March 8, 2013
According to the White House, John Brennan was sworn in as CIA Director on a “first draft” of the Constitution including notations from George Washington, dating to 1787.
Vice President Joe Biden swears in CIA Director John Brennan in the Roosevelt Room of the White House, March 8, 2013. Members of Brennan’s family stand with him. Brennan was sworn in with his hand on an original draft of the Constitution, dating from 1787, which has George Washington’s personal handwriting and annotations on it.
That means, when Brennan vowed to protect and defend the Constitution, he was swearing on one that did not include the First, Fourth, Fifth, or Sixth Amendments — or any of the other Amendments now included in our Constitution. The Bill of Rights did not become part of our Constitution until 1791, 4 years after the Constitution that Brennan took his oath on.
I really don’t mean to be an asshole about this. But these vows always carry a great deal of symbolism. And whether he meant to invoke this symbolism or not, the moment at which Brennan took over the CIA happened to exclude (in symbolic form, though presumably not legally) the key limits on governmental power that protect American citizens.
Update: Olivier Knox describes how the White House pushed the symbolism of this.
Hours after CIA Director John Brennan took the oath of office – behind closed doors, far away from the press, perhaps befitting his status as America’s top spy – the White House took pains to emphasize the symbolism of the ceremony.
“There’s one piece of this that I wanted to note for you,” spokesman Josh Earnest told reporters gathered for their daily briefing. “Director Brennan was sworn in with his hand on an original draft of the Constitution that had George Washington’s personal handwriting and annotations on it, dating from 1787.”
Earnest said Brennan had asked for a document from the National Archives that would demonstrate the U.S. is a nation of laws.
“Director Brennan told the president that he made the request to the archives because he wanted to reaffirm his commitment to the rule of law as he took the oath of office as director of the CIA,” Earnest said.
Update: I’m assuming this copy of the Constitution is the one Brennan used.
Police militarization comes under nationwide investigation
RT | March 07, 2013
The American Civil Liberties Union has launched a campaign to investigate the growing trend of placing militarized police units in cities and towns across the country.
Doors busted down and windows smashed in. It’s becoming more of a regular occurrence each day in America as heavily-armed SWAT teams are being sent to the homes of suspects, often nonviolent ones, with enough firepower to take down a small army. In November, a botched raid ended with an 18-year-old girl in the hospital. Other incidents haven’t been exactly isolated either: guns get drawn on both grannies and grandkids alike, and equipping law enforcement officers with the means to make these nightmares become reality is easier by the day.
Police units across the US are becoming more like militaries than the serve-and-protect do-gooders that every young schoolboy once aspired to be. Not only are officers being trained to act with intensity as the number of these home invasions increase, but more and more police departments are being awarded arsenals of heavy-duty weaponry that are then being turned not onto members of al-Qaeda, but innocent children and unsuspecting house guests.
ACLU affiliates across the United States filed Freedom of Information Act requests with law enforcement agencies on Wednesday in hope of obtaining as much material as possible relevant to the ongoing expansion of small town police squads to heavily armed squadrons of soldiers.
“Federal funding in the billions of dollars has allowed state and local police departments to gain access to weapons and tactics created for overseas combat theaters – and yet very little is known about exactly how many police departments have military weapons and training, how militarized the police have become, and how extensively federal money is incentivizing this trend,” reads a statement released by the ACLU. “It’s time to understand the true scope of the militarization of policing in America and the impact it is having in our neighborhoods.”
On Wednesday, the ACLU issued a statement saying branches and affiliates in 23 states around the country filed over 255 public records requests only hours after the investigation was formally launched. The agencies hope that, by analyzing documents, can learn more about the extent that “federal funding and support has fueled the militarization of state and local police departments.”
“Equipping state and local law enforcement with military weapons and vehicles, military tactical training, and actual military assistance to conduct traditional law enforcement erodes civil liberties and encourages increasingly aggressive policing, particularly in poor neighborhoods and communities of color,” explains Kara Dansky, senior counsel for the ACLU’s Center for Justice. “We’ve seen examples of this in several localities, but we don’t know the dimensions of the problem.”
The ACLU says they want to know as much as possible about the type of training given to local SWAT officers, as well as information about the types of technology used by agencies around the country. Through the FOIA requests, the ACLU hopes to learn what types of weapons have been used, who they’ve been used on and what the end result has been. They also want documentation pertaining to the growing use of GPS technology, surveillance drones and any agreements between local police departments and the National Guard. The ACLU is also interested in any relationships between small law enforcement units and the US Departs of Defense and Homeland Security.
“The American people deserve to know how much our local police are using military weapons and tactics for everyday policing,” adds Allie Bohm, an advocacy and policy strategist for ACLU. “The militarization of local police is a threat to Americans’ right to live without fear of military-style intervention in their daily lives, and we need to make sure these resources and tactics are deployed only with rigorous oversight and strong legal protections.”
In 2011, the Department of Defense gave half-a-billion dollars’ worth of military machinery that would have been left otherwise unused to law enforcement agencies coast-to-coast. Among the items offered up to officers at no cost at all that year were grenade launchers, helicopters, military robots, M-16 assault rifles and armored vehicles. Before 2012 came to a close, figures for that year were expected to end with more than a 400 percent increase.
Peter Kraska, a criminologist at Eastern Kentucky University, tells journalist Radley Balko that while the militarization of police squads is indeed accelerating, it isn’t likely the ACLU will get all the answers they want.
“My experience is that they’ll have a very difficult time getting comprehensive, forthright information,” Kraska says. “If the goal here is to impose some transparency, you have to understand, that’s not what the SWAT industry wants.”
Related article
Intelligence Committees Get Additional Targeted Killing Memos, But Not the Public
ACLU | March 5, 2013
WASHINGTON – In a win for congressional oversight over the government’s vast killing program, the Obama administration has shown an additional but undisclosed number of Office of Legal Counsel memos justifying the program to the Senate and House Intelligence Committees, but has continued to withhold some of its legal opinions from the Intelligence Committees and has not provided any of the legal opinions to the rest of Congress or to the American public. The legal opinions focused on non-citizens continue to be hidden from the Intelligence Committees.
“This is an important first baby step towards restoring the checks and balances between Congress and the president, but it isn’t enough. Amazingly, the Obama administration continues to hide at least some of its legal opinions, even from the intelligence committees. The intelligence committees should have been given all of the legal opinions years ago, particularly when the Obama administration has claimed broad authority to kill people, including American citizens, far from any battlefield,” said Senior Legislative Counsel Christopher Anders. “The legal opinions also shouldn’t stay hidden with the few dozen members of the intelligence committees, but should be available to all members of Congress and minimally redacted copies should be made public. It makes a mockery of the rule of law when the government hides the rules, or makes them up as they go along. It is time to come clean with Congress and the American people.”
Previously, only four memos were briefly shown to the Senate and House Intelligence Committees, which prompted some Senate committee members to stall the confirmation of John Brennan—the architect of the targeted-killing program and President Obama’s choice to run the Central Intelligence Agency. In response, the government sent additional materials to the Intelligence Committees, but has not shown the committees all 11 legal opinions sought by several committee members, and also has not provided the legal opinions to other senators or made them public. This afternoon, the Senate Intelligence Committee will vote on whether to send John Brennan’s nomination to the full Senate.
More information on the ACLU’s work on targeted killing can be found here: www.aclu.org/national-security/targeted-killings
Oral Argument on DNA Searches Provides Scary Glimpse Into the Future of Privacy
By Hanni Fakhoury | EFF | March 4, 2013
The Supreme Court recently heard oral argument in Maryland v. King, a case considering the constitutionality of warrantless DNA collection from arrestees. We’ve long warned about the privacy problems with the rise of cheap, easy and fast blanket DNA collection, and filed an amicus brief with the Court urging it to hold the government can only obtain this sensitive genetic material with a search warrant. While it can be fruitless trying to read the tea leaves of oral argument, one specific idea — that technological advances making DNA analysis faster means warrantless collection may be OK — should leave you worried about the fate of privacy going forward in the digital age.
One of the main disagreements surrounding the issue of DNA collection is whether the state is collecting DNA from arrestees for immediate identification — to figure out if they’ve arrested the right person and learn who that person is for purposes of making a bail determination — or for past and future investigation — to solve cold cases and to store DNA for future searches. The state has long claimed they used DNA for both, while we’ve argued the government simply isn’t able to use DNA collection for immediate identification purposes since there’s currently a delay in analyzing DNA ranging from several days up to a few months. But with the rise of rapid DNA analyzers which can analyze DNA in 90 minutes, law enforcement is chomping at the bit to purchase and install these devices at police stations across the country. When the lawyer challenging the blanket DNA collection argued that law enforcement’s interest in using DNA for immediate identification was simply not possible because of the lengthy delays in DNA analysis, Chief Justice Roberts interrupted to note (PDF):
Now, your brief says, well, the only interest here is the law enforcement interest. And I found that persuasive because of the concern that it’s going to take months to get the DNA back anyway, so they are going to have to release him or not before they know it. But if we are in a position where it now takes 90 minutes or will soon take 90 minutes to get the information back, I think that’s entirely different…
Other members of the court echoed this idea, hinting that if DNA analysis was done faster, than there could be a legitimate identification — as opposed to investigative — need for the practice. And if that was the case, then DNA collection was no different than fingerprinting, and the police could swab and collect DNA without a search warrant. This would be a dangerous Fourth Amendment precedent.
The reasonableness of a search under the Fourth Amendment has always depended on whether the search is reasonably related in scope to the circumstances that justify the search in the first place. But that determination shouldn’t hinge on how long it takes to do the search, but rather what the search reveals. And with DNA searches, an enormous amount of sensitive information is being revealed to the government: a person’s entire genome. Ignoring the breadth of this intrusion by focusing on the ease of collection — implicitly believing the easier it is to intrude into a private place, the less protected it is — elevates form over substance to the detriment of the right of privacy enshrined in the Fourth Amendment.
This dangerous thinking extends beyond DNA collection. We’ve already warned about the problems with warrantless home video surveillance and stingrays, or fake cell phone towers which the government has been very secretive about. As technological advances like these allow the government to easily collect and catalog greater amounts of information, courts run the risk of allowing broader and more intrusive searches to pass Fourth Amendment scrutiny simply because of the possibility of exposure. Instead, courts should be focusing on the actual intrusion and people’s expectation that private information will not be exposed, regardless of how technological advances can make government access easier or faster.
The fact the government can do something now it couldn’t do before doesn’t make it constitutional. In fact, it should be the opposite. As it becomes easier for the government to seize and analyze, institutional checks — like a search warrant — on the government’s power is necessary to protect privacy before it becomes a casualty to technological advances.
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DARPA scientists want to create database of all conversations
RT | March 4, 2013
Your digital footprint could be getting a whole lot bigger: Pentagon scientists are searching for a way to transcribe every real-world conversation that happens into computer-readable files.
Robert Beckhusen of Wired’s Danger Room says it wouldn’t be unlike a real-life Twitter feed or an “email archive for everyday speak.”
“Imagine living in a world where every errant utterance you make is preserved together,” Beckhusen writes in an article this week that explores a Defense Department project that’s been undertaken by its Darpa laboratories and is now in the hands of a University of Texas computer scientist named Matt Lease.
Least has received a few hundred thousand dollars from Darpa — the US military’s Defense Advanced Research Projects Agency — to help find a way to take cell phone conversations, board room meetings and every miniscule real world back-and-forth and have them digitized.
The project is being called “Blending Crowdsourcing with Automation for Fast, Cheap and Accurate Analysis of Spontaneous Speech,” and Lease will receive $300,000 in all from the government to work on it after winning a 2012 Young Faculty Award from Darpa last year.
Lease has previously worked with the Pentagon scientists on another project, Effective Affordable Reusable Speech-to-text, or EARS, which had him trying to find a better way to transcribe dialogue into text. Now after winning the respect of Darpa, he’s putting that research to work in hopes of finding a way to streamline all real world conversations into digital transcriptions. And by strategically crowd-sourcing the information, he thinks he might be able to do just that.
“Like other AI [artificial intelligence], it can only go so far, which is based on what the state-of-the-art methodology can do,” Lease tells Wired. “So what was exciting to me is thinking about going back to some of that work and now taking advantage of crowdsourcing and applying that into the mix.”
Lease says he saw both the “need and opportunity to really make conversational speech more accessible, more part of our permanent record instead of being so ephemeral, and really trying to imagine what this world would look like if we really could capture all these conversations and make use of them effectively going forward,” Lease adds.
Wired reports that the end result could mean that conversations and events could be transcribed and edited through crowdsourcing, then eventually and easily be shared with friends, family and colleagues. Once digitized, those dialogues could also be perused for general search purposes. By uploading everything, though, some concerns are quickly showing up. For one, there’s the matter of possible privacy violations brought on by the seemingly constant collection of data. Then, of course, there’s the matter of what is being done with it.
According to a 2003 memo from the Congressional Research Service, the EARS project that first got Lease involved in the Pentagon was being considered for a rather particular kind of use. That report said that dialogue could be inputted into the system by way of telephone conversations so that “the military, intelligence and law enforcement communities” could “extract clues about the identity of speakers.”
For now, Lease won’t even speculate as to why the Pentagon wants him to develop his crowdsourcing project. He agrees, however, that there is an issue with “respecting the privacy rights of multiple people involved.”
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Drone ‘Nightmare Scenario’ Now Has A Name: ARGUS
By Jay Stanley | ACLU | February 21, 2013
The PBS series NOVA, “Rise of the Drones,” recently aired a segment detailing the capabilities of a powerful aerial surveillance system known as ARGUS-IS, which is basically a super-high, 1.8 gigapixel resolution camera that can be mounted on a drone. As demonstrated in this clip, the system is capable of high-resolution monitoring and recording of an entire city. (The clip was written about in DefenseTech and in Slate.)
In the clip, the developer explains how the technology (which he also refers to with the apt name “Wide Area Persistent Stare”) is “equivalent to having up to a hundred Predators look at an area the size of a medium-sized city at once.”
ARGUS produces a high-resolution video image that covers 15 square miles. It’s all streamed to the ground and stored, and operators can zoom in upon any small area and watch the footage of that spot. Essentially, it is an animated, aerial version of the gigapixel cameras that got some attention for super-high resolution photographs created at Obama’s first inauguration and at a Vancouver Canucks fan gathering.
At first I didn’t think too much about this video because it seemed to be an utterly expected continuation of existing trends in camera power. But since it was brought to my attention, this technology keeps coming back up in my conversations with colleagues and in my thoughts. I think that’s because it is such a concrete embodiment of the “nightmare scenario” for drones, or at least several core elements of it.
First, it’s the culmination of the trend towards ever-more-pervasive surveillance cameras in American life. We’ve been objecting to that trend for years, and many of our public spaces are now under 24/7 video surveillance—often by cameras owned and operated by the police. But even in our most pessimistic moments, I don’t think we thought that every street, empty lot, garden, and field would be subject to video monitoring anytime soon. But that is precisely what this technology could enable. We’ve speculated about self-organizing swarms of drones being used to blanket entire cities with surveillance, but this technology makes it clear that nothing that complicated is required.
Second and more significantly to me, this technology also makes real a key threat that drones pose to privacy that we’ve talked about: the ability to do location tracking. The video shows cars and pedestrians near Quantico, Virginia automatically tagged with colored boxes, which follow them as they move around. As the technology’s developer told NOVA,
Everything that is a moving object is being automatically tracked. The colored boxes represent that the computer has recognized the moving objects. You can see individuals crossing the street, you can see individuals walking in parking lots.
The surveillance potential of such a tracking algorithm attached to such powerful cameras is worth pausing to think about. To identify someone there’s no need for face or license-plate recognition (which may be impractical from above anyhow), cell phone tracking, gait recognition, or what have you. Even knowing where a little green square starts and finishes its day can reveal a lot, because it turns out that even relatively rough location information about a person will often identify them uniquely. For example, according to this study, just knowing the zip code (actually census tract, which is basically equivalent) of where you work, and where you live, will uniquely identify 5% of the population, and for half of Americans will place them in a group of 21 people or fewer. If you know the “census blocks” where somebody works and lives (an area roughly the size of a block in a city, but much larger in rural areas), the accuracy is much higher, with at least half the population being uniquely identified.
However, ARGUS-type tracking could be used to get more precise data than that—in many cases, to determine a vehicle’s home address, which pretty much reveals who you are if you’re in a single-family home, and narrows it down pretty well even if you’re in a large apartment building. (Academic papers have been written on inferring home address from location data sets.) Add work address and I expect that would nail virtually everybody. And of course lodged in the data set would be not just where a particular vehicle starts and finishes its day, but all the places it stopped in between—potentially revealing, as we so often point out, an array of information about a person such as their political, religious, and sexual activities.
True, such tracking using ARGUS would be disrupted whenever a subject disappears from aerial view. For example, pedestrians who travel by subway or bus or walk under foliage, or vehicles entering tunnels, would be harder to track. But even there, datamining large data sets collected over time could probably reveal a lot of things about people’s daily patterns and I would bet could eventually be used to identify a surprisingly large number of them. I expect that ARGUS would be used (if it’s not already) to generate a database consisting of location tracks of moving vehicles or pedestrians beginning in one place and ending in another. Think of them as little strings on a map. Some of these strings would stretch from a person’s home to their work, with stops in between, while others might be fragments, interrupted by a tunnel or other obstruction. But even the fragments, when the dimension of time is added to the equation, could probably be correlated together.
Of course low-lying clouds or fog might also interfere with aerial tracking, though imaging technologies already in existence could probably be deployed to see through them.
NOVA was not allowed to show images of the ARGUS censor, and stated that part of the program remained classified, including whether it has yet been deployed. (Though, we know it has been deployed domestically at least once, over Virginia as shown on NOVA. I’m going to assume it has not been deployed domestically in any more routine manner.) But, it is good that the Air Force allowed NOVA to see its capabilities. I’d like to think it’s because as Americans, Air Force officials have respect for our country’s values and democratic processes and don’t want to let such powerful and potentially privacy-invasive tools to be created in secret. It could also be, however, because the Air Force needs private-sector help in figuring out how to analyze the oceans of data the device can collect (5,000 hours of high-def video per day).
Either way, it’s important for the public to be aware of the kinds of technologies that are out there so that it can better decide how drones should be regulated.
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From the Archives
World War II Didn’t End The Great Depression
Stark Realities with Brian McGlinchey | April 4, 2024
A principal goal of Stark Realities is to “expose fundamental myths across the political spectrum” — and few myths are as universally embraced as the notion that US participation in World War II (1941-1945) lifted the American economy out of the Great Depression.
This myth is dangerous not only because it leads citizens and politicians to see a bright side of war that doesn’t really exist, but also because it helps foster a belief that government spending is essential to countering economic downturns. That belief, in turn, has helped propel us to a point where the national debt now exceeds $34.6 trillion, with interest payments alone on pace to reach $1 trillion a year in 2026, inviting financial catastrophe. … continue
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