Homeland Security Approves Seizure of Cell Phones and Laptops within 100 Miles of Border; Report Remains Secret
By Matt Bewig | AllGov | February 11, 2013

(graphic: ACLU)
Americans have no Fourth Amendment rights against unreasonable searches and seizures if they happen to be within 100 miles of the border, according to the “Executive Summary” of a still-secret report by the Department of Homeland Security (DHS). As the ACLU-created map above shows, nearly 2/3 of Americans (197 million people)—including the entire populations of Florida, Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New Jersey, Delaware, Maryland, Washington, DC, and Michigan—live in this “Constitution free” zone, as do the residents of the nation’s five most populous cities: New York, Los Angeles, Chicago, Houston and Philadelphia.
The secret report is DHS’s response (two years late) to critics of its policy, in place since at least 2008, of allowing border control agents, without a warrant or even a suspicion of wrongdoing, to search any travelers’ electronic devices (laptops, cell phones, tablets, cameras, etc.) and seize data they find. According to a Freedom of Information Act request (FOIA) filed three years ago by the ACLU, DHS subjected more than 6,500 travelers—nearly half of them U.S. citizens—to searches under this policy between October 2008 and June 2010.
The Executive Summary of the secret report, which DHS is allowing the public to see, sets forth its conclusions without even summarizing the reasoning underlying them. Thus it asserts that “imposing a requirement that officers have reasonable suspicion in order to conduct a border search of an electronic device would be operationally harmful without concomitant civil rights/civil liberties benefits,” but is silent on how DHS defines “civil rights/civil liberties benefits” or how it balances these against its institutional needs.
The ACLU, which has already filed an FOIA request demanding the full report, released a statement arguing that “allowing government agents to search through all of a traveler’s data without reasonable suspicion is completely incompatible with our fundamental rights: our Fourth Amendment right to privacy—and more specifically the right to be free from unreasonable searches—is implicated when the government can rummage through our computers and cell phones for no reason other than that we happen to have traveled abroad. Suspicionless searches also open the door to profiling based on perceived or actual race, ethnicity, or religion. And our First Amendment rights to free speech and free association are inhibited when agents at the border can target us for searches based on our exercise of those rights.”
To Learn More:
DHS Watchdog OKs ‘Suspicionless’ Seizure of Electronic Devices Along Border (by David Kravets, Wired)
Securing the ethnic cleansing of Silwan: Settlements in Wadi Hilweh using Pelco security equipment

Pelco camera system being used by illegal settlement in Silwan
Corporate Watch | February 10, 2013
The Palestinian neighbourhood of Silwan is experiencing harassment and home demolitions at the hands of the Israeli state and settler organisations. This ethnic cleansing is enforced by security companies and surveillance technology and facilitated by revenue from international donors and from tourism. Corporate Watch will be writing a series of articles over the coming months exposing the companies and charities carrying out this ethnic cleansing and those organisations who are funding it and profiting from it.
The communities of Wadi Hilweh and Al Bustan in Silwan in East Jerusalem are watched over by hundreds of Closed Circuit Surveillance (CCTV) cameras installed by settlers and the settler/colonial organisation El Ad.
These cameras watch over the creeping colonisation of the area which has been going on since the 1990s. Much of this has centred around the seizing of Palestinian property by the El Ad organisation and the undermining of the Palestinian community through archaeological excavations carried out by the same organisation with the complicity of the Israeli National Parks Authority and the Israeli antiquities Authority (read more about El Ad and the excavations here).
During the 1990s the Israeli state and the Jewish National Fund gave one third of the land of Wadi Hilweh to El Ad. Since then settlers have moved in and El Ad has used a series of dirty tricks to acquire more and more properties in Wadi Hilweh. At the same time Palestinian homes are subject to demolitions under planning regulations, such as the demolitions that took place on 2nd February 2013.
On Wednesday 23rd and Thursday 24th January 2012 Corporate Watch researchers photographed dozens of Pelco security cameras being used by the settlements in Silwan including those at the El Ad compound close to the ‘City of David’ Visitors Centre in Wadi Hilweh.
The cameras included those in use at the Tirah House settlement, a Palestinian home occupied by Israeli settlers.
Pelco is a manufacturer and supplier of security cameras based in Clovis, California. The company has 2,200 employees worldwide and resellers in 130 coutries.
Since 2007 Pelco has been part of Schneider-Electric, a French multinational company headquartered in Rueil-Malmaison. Schneider-Electric has 130,000 employees and 2011 sales totaling 22.4 billion Euros. It operates in 190 countries.
Schneider-Electric is one of the only companies to have shown interest in the joint French-Palestinian Authority (PA) industrial zone in Bethlehem, the Bethlehem Multidisciplinary Industrial Park. It seems the PA have chosen poor partners for its flagship industrial zone.
Schneider-Electrics global operations are listed here
To contact Pelco click here
For more information on Silwan click here.
Photos taken by Corporate Watch researchers
Related articles
- VIDEO | Demolition in Wadi al-Arababe – Bulldozers and attack dogs in Silwan Jerusalem (occupiedpalestine.wordpress.com)
- Attacks Continue Against Silwan (imemc.org)
- Report: Israeli escalation in detaining children and house demolitions (altahrir.wordpress.com)
- Undercover Forces Kidnap Children, Youths, In Silwan (imemc.org)
In a Major Privacy Victory, Seattle Mayor Orders Police to Dismantle Its Drone Program After Protests
By Trevor Timm | EFF | February 8, 2013
In an amazing victory for privacy advocates and drone activists, yesterday, Seattle’s mayor ordered the city’s police agency to cease trying to use surveillance drones and dismantle its drone program. The police will return the two drones they previously purchased with a Department of Homeland Security grant to the manufacturer.
EFF has been warning of the privacy dangers surveillance drones pose to US citizens for more than a year now. In May of last year, we urged concerned citizens to take their complaints to their local governments, given Congress has been slow to act on any privacy legislation. The events of Seattle proves this strategy can work and should serve as a blueprint for local activism across the country.
Back in early 2012, the Seattle city council was told that the Seattle police agency had obtained an authorization to fly drones from the Federal Aviation Administration (FAA). But they did not find out from the police; they found out from a reporter who called after the council after he saw Seattle’s name on the list obtained by EFF as part of our lawsuit against the FAA.
City council was understandably not happy, and the police agency was forced to appear before the council and apologize. It then vowed to work with the ACLU of Washington and the FAA to develop guidelines to make sure drones wouldn’t violate Seattle citizens’ privacy. But as long as the guidelines weren’t passed in a binding city ordinance, there’d be no way to enforce them.
After a townhall meeting held by police, in which citizens showed up in droves and angrily denounced the city’s plans, some reporters insinuated that city counsel members’ jobs could be on the line if they did not pass strict drone legislation protecting its citizens privacy.
Documents obtained by MuckRock and EFF in October as part of our 2012 drone census showed that the Seattle police were trying to buy two more drones despite the controversy. But that ended yesterday as the Mayor put a stop to the program completely.
Critics of the privacy protests said the participants were exaggerating the capabilities of the Seattle drones, given they would only fly for less than an hour at a time and are much smaller than the Predator drones the military flies overseas and Department of Homeland Security flies at home.
But while Seattle’s potential drones may not have been able to stay in the air for long, similar drones have already been developed and advertised by drone manufacturers with the capability to stay in the air for hours or days at a time. In fact, Lockheed Martin has been bragging about a drone that weights 13.2 pounds (well within the FAA’s weight limits) that can be recharged by a laser on the ground and stay in the air indefinitely.
Since the Seattle protests have heated up, similar complaints have been heard at local city counsels and state legislatures across the country. At least thirteen states are now considering legislation to restrict drone use to protect privacy, and there are also members of Congress on both sides of the aisle pushing the same thing.
Here in the Bay Area, we’ve experienced a similar situation. The Alameda County Sheriff’s Office tried to sneak through drone funding without a public hearing and told the county board of supervisors it only wanted to use the drone for emergency purposes. Yet in internal documents obtained by EFF and MuckRock as part of our 2012 drone census, the Sheriff’s Office said it wanted to use the drone for “suspicious persons” and “large crowd control disturbances.”
When EFF and ACLU held a press conference pointing out this discrepancy, the county backtracked and is now attempting to write privacy guidelines that could potentially be turned into binding law. We will keep you updated on further developments.
But regardless, it’s important that privacy advocates take the lesson from Seattle and apply it all over the country. This is an important privacy victory, and like we said back in May, local governments will listen to our concerns, so let’s make our voice heard.
Press TV announces new frequency for US, Canada viewers
Press TV – February 9, 2013
Press TV has announced a new frequency for viewers in the United States and Canada after the Iranian channel was removed from the Galaxy 19 satellite platform.
The satellite platform provided broadcast services to the viewers of the 24-hour English-language Iranian news channel, and the film channel iFilm in the United States and Canada.
In order to watch Press TV in the US and Canada, viewers can use the following frequency on Galaxy 19:
Frequency 12028 MHz
Polarization H (horizontal polarization)
Symbol rate 21991Msym
FEC 3/4
Press TV, iFilm taken off air in US, Canada
Press TV – February 8, 2013
In another flagrant violation of freedom of speech, Iranian channels Press TV and iFilm have been removed from the Galaxy 19 satellite platform.
The satellite platform provided broadcast services to the viewers of the 24-hour English-language Iranian news channel, Press TV, and the film channel, iFilm, in the United States and Canada.
This is not the first time that Iranian media have been targeted. In January, the Spanish government ordered Madrid’s regional government to stop the broadcast of the Iranian Spanish language channel Hispan TV as of January 21.
The move came a month after the Spanish satellite company, Hispasat, terminated the terrestrial broadcast of Hispan TV.
Hispasat is partly owned by Eutelsat, whose French-Israeli CEO is blamed for the recent wave of attacks on Iranian media in Europe.
Back then, the move was immediately welcomed by the American Jewish Committee (AJC), which called it an important development in worldwide efforts to contain Iran’s media influence.
AJC Executive Director David Harris has acknowledged that the committee had for months been engaged in discussions with the Spaniards over taking Iranian channels off the air. … Full article
Related articles
- Zionist lobbies seek to restrict Press TV activities in US: Analyst (alethonews.wordpress.com)
- Hispasat orders Overon to take Press TV, Hispan TV off air (alethonews.wordpress.com)
International Finance Corporation invests $2.9 billion in the Middle East and North Africa
MEMO | February 7, 2013
International Finance Corporation invests $2.9 billion in the Middle East and North AfricaFigures released by the International Finance Corporation show that its investments for the fiscal year 2012 in the Middle East and North Africa have reached a record $2.9 billion. Fifty-seven projects have been supported across 12 countries as part of the Corporation’s efforts to restore investors’ confidence in the region, with a focus on the long-term possibilities after the end of the political crises. It is the IFC’s highest annual commitment in the region to date, representing a 21 per cent increase over 2011.
Twenty-five advisory projects were launched with a total value of $17.6 million to improve opportunities for obtaining access to finance and strengthen corporate governance and practices of small and medium enterprises. Almost $600 million has been pumped into infrastructure projects in the MENA region. One IFC initiative is the Arab Financing Facility for Infrastructure (AFFI), established in partnership with the World Bank and the Islamic Development Bank to encourage infrastructure investment.
In order to address what it calls the “the mismatch between the needs of the labour markets and the education outcomes in the Arab World”, the IFC pointed to the launch of the e4e (Education for Employment) initiative for Arab youth in Egypt, Jordan, Tunisia and Morocco, in collaboration with the Islamic Development Bank. The e4e team has also sought and received funding for the project from Britain’s Department for International Development among other donors.
Related article
Justice Department White Paper Details Rationale for Targeted Killing of Americans
Document Outlines Government’s Claimed Authority to Kill American Citizens Outside Combat Zones
ACLU | February 4, 2013
NEW YORK – A Justice Department white paper argues that the government has the right to carry out the extrajudicial killing of American citizens that the government believes are affiliated with a terrorist organization, according to the document posted tonight on NBCNews.com. The white paper summarizes a memo prepared in 2010 by the Justice Department’s Office of Legal Counsel (OLC) to justify the targeting of U.S. citizen Anwar Al-Awlaki.
“This is a profoundly disturbing document, and it’s hard to believe that it was produced in a democracy built on a system of checks and balances. It summarizes in cold legal terms a stunning overreach of executive authority – the claimed power to declare Americans a threat and kill them far from a recognized battlefield and without any judicial involvement before or after the fact,” said Hina Shamsi, director of the ACLU’s National Security Project.
“But this briefing paper is not a substitute for the 50-page legal memo on which it’s based. When the executive branch seeks to give itself the unilateral authority to kill its own citizens, a summary of its argument is no substitute for the argument itself. Among other things, we need to know if the limits the executive purports to impose on its killing authority are as loosely defined as in this summary, because if they are, they ultimately mean little. President Obama rightly released the Bush-era OLC torture memos and he should now hold his own administration to the same standard by releasing its killing memo.”
Tomorrow, the American Civil Liberties Union and the Center for Constitutional Rights will file a court brief arguing against the government’s attempt to dismiss their lawsuit challenging the targeted killing of Al-Awlaki and two other Americans in Yemen in 2011, Al-Awlaki’s 16-year-old son Abdulrahman and Samir Khan.
The OLC memo summarized by the white paper is one of the documents sought by the ACLU’s pending Freedom of Information Act lawsuit. That case was dismissed last month by a federal judge in New York, and last Friday the ACLU filed a notice of appeal. The government argued that the requested documents cannot be released, despite the fact that government officials have talked publicly on numerous occasions about Al-Awlaki’s killing and the targeted killing program in general.
The D.C. Circuit Court of Appeals is currently considering another FOIA lawsuit filed by the ACLU seeking other information on the U.S. targeted killing program, including its legal basis, scope, and number of civilian casualties caused by drone strikes. The court heard oral argument in September.
An in-depth analysis of the DOJ white paper in a blog post written by ACLU Deputy Legal Director Jameel Jaffer is at:
www.aclu.org/blog/national-security/justice-department-white-paper-details-rationale-targeted-killing-americans
Information on the ACLU’s targeted killing lawsuits is at:
www.aclu.org/national-security/targeted-killings
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EFF to Supreme Court: Blanket DNA Collection Violates Fourth Amendment
Law Enforcement Should Not Gather Genetic Information Without a Warrant
EFF | February 4, 2013
San Francisco – The Electronic Frontier Foundation (EFF) urged the Supreme Court Friday to block DNA collection from everyone arrested for a crime, arguing that law enforcement must get a warrant before forcing people to give samples of their genetic material.
EFF’s amicus brief was filed Friday in Maryland v. King – a case challenging a law in the state of Maryland that requires DNA collection from all arrestees, whether they are ultimately convicted of a crime or not. Maryland officials claim that DNA is necessary for definitive identification, but they do not use the sample to “identify” the arrestee. Instead, they use the sample for other investigatory purposes – retaining and repeatedly accessing the wealth of personal information disclosed by an individual’s genetic material despite lacking individualized suspicion connecting the arrestee to another crime. This violates the Fourth Amendment.
“Your DNA is the roadmap to an extraordinary amount of private information about you and your family,” said EFF Staff Attorney Jennifer Lynch. “It contains data on your current health, your potential for disease, and your family background. For government access to personal information this sensitive, the Fourth Amendment requires a warrant.”
In addition to Maryland, 27 states and the federal government have laws that mandate DNA collection from anyone arrested, even if they are not yet convicted of a crime. EFF has filed amicus briefs in a number of cases challenging these unconstitutional laws. Meanwhile, the Supreme Court has shown increasing sensitivity to the power of sophisticated technology to undermine traditional privacy protections.
“Let’s say you were picked up by police at a political protest and arrested, but then released and never convicted of a crime. Under these laws, your genetic material is held in a law enforcement database, often indefinitely,” said EFF Senior Staff Attorney Lee Tien. “This is an unconstitutional search and seizure.”
The Supreme Court is set to hear arguments in Maryland v. King later this month.
For the full brief in Maryland v. King:
https://www.eff.org/document/amicus-brief-16
Contacts:
Jennifer Lynch
Staff Attorney
Electronic Frontier Foundation
jlynch@eff.org
Lee Tien
Senior Staff Attorney
Electronic Frontier Foundation
tien@eff.org
Related Cases
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‘US a police state, Obama consciously allows torture’ – CIA veteran John Kiriakou
RT | February 1, 2013
Ten years ago, the idea of the US government spying on its citizens, intercepting their emails or killing them with drones was unthinkable. But now it’s business as usual, says John Kiriakou, a former CIA agent and torture whistleblower.
Kiriakou is now awaiting a summons to start a prison sentence. One of the first to confirm the existence of Washington’s waterboarding program, he was sentenced last week to two-and-a-half years in jail for revealing the name of an undercover agent. But even if he had another chance, he would have done the same thing again, Kiriakou told RT.
RT: The judge, and your critics all seem to believe you got off lightly. Would you say you got off lightly?
JK: No, I would not say I got off lightly for a couple of very specific reasons. First of all, my case was not about leaking, my case was about torture. When I blew the whistle on torture in December 2007 the justice department here in the US began investigating me and never stopped investigating me until they were able to patch together a charge and force me into taking a plea agreement. And I’ll add another thing too, when I took the plea in October of last year, the judge said that she thought the plea was fair and appropriate. But once the courtroom was packed full of reporters last Friday she decided that it was not long enough and if she had had the ability to she would have given me ten years.
RT: And why did you, a decorated CIA officer, take such a strong stance against an agency policy? Did you not consider that there might be some come-back?
JK: I did. I took a strong stance and a very public one and that’s what got me into trouble. But honestly the only thing I would do differently is I would have hired an attorney before blowing the whistle. Otherwise I believe firmly even to this day I did the right thing.
RT: You have called it ironic that the first person to be convicted with regards to the torture program is the man who shed light on it. Do you believe the others, who put the program together, will ever face justice?
JK: I don’t actually. I think that president Obama just like president Bush has made a conscious decision to allow the torturers, to allow the people who conceived of the tortures and implemented the policy, to allow the people who destroyed the evidence of the torture and the attorneys who used specious legal analysis to approve of the torture to walk free. And I think that once this decision has been made – that’s the end of it and nobody will be prosecuted, except me.
RT: When you initially came out against torture, you said it was impractical and inefficient. Did you consider it immoral initially?
JK: I said in 2002 that it was immoral. When I returned from Pakistan to CIA headquarters early in the summer 2002, I was asked by a senior officer in the CIA’s counter-terrorist center if I wanted to be trained in the use of torture techniques, and I told him that I had a moral problem with these techniques. I believed that they were wrong and I didn’t want to have anything to do with the torture program.
RT: It’s no secret that Obama’s administration has been especially harsh on whistleblowers. But can the US afford leniency, in these security-sensitive times?
JK: I think this is exactly what the problem is. In this post 9/11 atmosphere that we find ourselves in we have been losing our civil liberties incrementally over the last decade to the point where we don’t even realize how much of a police state the United States has become.
Ten years ago the thought of the National Security Agency spying on American citizens and intercepting their emails would have been anathema to Americans and now it’s just a part of normal business.
The idea that our government would be using drone aircraft to assassinate American citizens who have never seen the inside of a courtroom, who have never been charged with a crime and have not had due process which is their constitutional right would have been unthinkable. And it is something now that happens every year, every so often, every few weeks, every few months and there is no public outrage. I think this is a very dangerous development.
RT: Obama’s tough stance, and harsh punishments for whistleblowers, has sent a message. Is he winning his fight against those who speak out?
JK: I don’t think he is winning this fight against whistleblowers, at least not over the long term, and I’ll tell you why.
President Obama has now charged seven people with violations of the Espionage Act. All previous presidents in American history combined only charged three people with violating the Espionage Act. And the Espionage Act is a WWI-era act that was meant to deter German saboteurs during that First World War. And now it is being used to silence critics of the government.
But so far all seven of these cases that have made their way into a courtroom have either collapsed of have been dismissed, including mine. All of the three espionage charges against me were dropped.
So, I think frankly the Obama administration is cheapening the Espionage Act. The Espionage Act should be used to prosecute spies and traitors, not to prosecute whistleblowers or people who are exercising their first amendment right to free speech.
RT: Do we still need whistleblowers? Are we going to see more of them coming out?
JK: I think we will see more whistleblowers and I think we need whistleblowers now more than ever before. Whether it’s in national security or whether it is in the banking industry, the American people have a right to know when there is evidence of waste, fraud, abuse, or illegality. If the Justice Department is not going to prosecute these cases, at the very least the American people need to know.
For First Time, Most Americans Believe Federal Government Threatens Personal Freedoms
By Noel Brinkerhoff | AllGov | February 02, 2013
Distrust of the U.S. government has reached an all-time high among Americans, a majority of whom now say Washington represents a threat to their personal freedoms.
According to a new poll by the Pew Research Center for the People & the Press, 53% of respondents said the federal government threatens their own personal rights and freedoms. Those disagreeing numbered 43%.
The percentage of those viewing the government as a threat represents a six-point increase from nearly three years ago, when 47% said they felt that way, and a 23% jump from November 2001, when Americans rallied around their government following the terrorist attacks of September 11, 2001.
Conservative Republicans are the largest group who distrust Washington, with 76% expressing fear for their personal freedoms. A majority (54%) described the government as a “major” threat.
Three years ago, 62% of conservative Republicans said the government was a threat to their freedom, while 47% said it was a major threat, according to the Pew survey.
Meanwhile, only 38% of Democrats see the government as a threat to personal rights and freedoms, with 16% viewing it as a major threat.
Among gun owners, 62% see the government as a threat, compared with 45% of those without guns.



