Activists demand answers after news of NYPD spying on political groups
RT | May 27, 2014
Following the news that the New York Police Department sent undercover officers to monitor political organizations, multiple activist groups are looking for an audit of the department’s wide-ranging surveillance program.
The complaint has been filed with the NYPD’s new office of the inspector general, which the City Council created against the wishes of former Mayor Michael Bloomberg in order to oversee the police department’s policies – particularly in light of criticism regarding its stop-and-frisk tactics and surveillance of Muslim communities.
According to the New York Times, the groups are calling for a comprehensive investigation into the NYPD’s intelligence division, which has been operating the police force’s surveillance program for years. The move comes as the groups seek more transparency from police following the election of new Mayor Bill de Blasio, whose administration they believe will be supportive.
“We need tangible, concrete proposals of how we can ensure the NYPD does not target an entire group, set of groups, or political activists in general based on their participation in political advocacy,” the complaint reads.
Although most of the parties involved were not named, the Times revealed that one of the organizations behind the complaint is Friends of Brad Will – a group dedicated to increasing public awareness of human rights abuses connected to the “War on Drugs.”
As noted by the newspaper, the group believed it had attracted the attention of the police for years, and investigative reporting by the Associated Press confirmed that “an undercover officer had infiltrated a Friends of Brad Will meeting in New Orleans in 2008 and had sent a report noting plans for future actions by the group.”
In addition to spying on political groups, Reuters reported that police classified those employing civil disobedience as “terrorist organizations” and kept secret files on individual members.
Much of the NYPD’s surveillance efforts could be traced to the aftermath of the September 11 attacks on the World Trade Center, but the groups claim police activity has negatively affected their ability to organize and that their constitutional rights to assemble, petition the government, and practice free speech have been violated.
“These kinds of police programs can’t just be laid at the feet of a post-9/11 world and the argument that security outweighs legal protections,” Friends of Brad Will coordinator Robert Jereski told Reuters.
According to the Times, the complaint is requesting that the inspector general disclose “a full description of the training which officers undergo before being tasked with targeting political activists.”
This isn’t the first time that the NYPD has come under fire for political surveillance, either. In 2004, police were found to be monitoring church groups, anti-war organizations and others in the lead-up to the Republican National Convention. Police defended their behavior, arguing their efforts were aimed at preventing unlawful activity, not silencing dissent.
“There was no political surveillance,” NYPD intelligence unit leader David Cohen testified regarding past tactics. “This was a program designed to determine in advance the likelihood of unlawful activity or acts of violence.”
The most recent complaint also comes a little more than a month after the NYPD disbanded a controversial “Demographics Unit” tasked with detailing everyday life in predominantly Muslim communities in the wake of 9/11. As RT reported previously, no terrorism-related leads were generated despite the resourced dedicated.
“The Demographics Unit created psychological warfare in our community,” said Linda Sarsour of the Arab American Association of New York. “Those documents, they showed where we live. That’s the cafe where I eat. That’s where I pray. That’s where I buy my groceries. They were able to see their entire lives on those maps. And it completely messed with the psyche of the community.”
China to ditch US consulting firms over espionage suspicion
RT | May 26, 2014
State-owned Chinese companies will cease to work with US consulting companies like McKinsey and Boston Consulting Group over fears they are spying on behalf of the US government.
US consulting companies McKinsey, BCG, Bain & Company, and Strategy&, formerly Booz & Co., will all be snubbed by state-owned Chinese companies, the Financial Times reported, citing sources close to senior Chinese leaders.
“The top leadership has proposed setting up a team of Chinese domestic consultants who are particularly focused on information systems in order to seize back this power from the foreign companies,” a senior policy adviser to the Chinese leadership was quoted by the FT as saying.
“Right now the foreigners use their consulting companies to find out everything they want about our state companies,” the adviser said.
Last Thursday China announced that all foreign companies would have to undergo a new security test. Any company, product or service that fails will be banned from China. The inspection will be conducted across all sectors – communications, finance, and energy.
China has already banned Microsoft’s Windows 8 operating system from government computers, according to Chinese state media agency Xinhua.
“Under President Xi Jinping, technology and implementation will look to be converging, so foreign tech firms should be very worried about their prospects,” Bill Bishop, an independent consultant based in Beijing, told the FT.
Chinese officials have said that government ministries, companies, universities, and telecoms networks are victims of US hacking, and will try to avoid using US technology in order to protect “public interest”.
The dictate follows the US Justice Department’s indictment of five Chinese military officers it suspects of committing cyber crimes against a number of major US companies, including US Steel, Westinghouse and Alcoa. The US accused the army officers of stealing trade secrets and even published their photos.
Beijing responded by calling the US a ‘robber playing cop’, and more recently said the US is a “mincing rascal” and involved in “high-level hooliganism”.
The US-China fallout came after revelations made by NSA contractor Edward Snowden that the US uses economic cyber espionage to spy on international competitors, including China.
The dispute is only the latest setback in relations between the world’s two largest economies. Issues like Ukraine, Syria, and North Korea have been divisive topics between the two superpowers.
Brazil passes ‘internet constitution’ ahead of global conference on web future
RT | April 23, 2014
Ahead of a two-day Net Mundial international conference in Sao Paulo on the future of the Internet, Brazil’s Senate has unanimously adopted a bill which guarantees online privacy of Brazilian users and enshrines equal access to the global network.
The bill known as the “Internet constitution” was first introduced in the wake of the NSA spying scandal and is now expected to be signed into law by President Dilma Rousseff – one of the primary targets of the US intelligence apparatus, as leaks by former NSA analyst Edward Snowden revealed.
Rousseff plans to present the law on Wednesday at a global Internet conference.
The bill promotes freedom of information, making service providers not liable for content published by their users, but instead forcing the companies to obey court orders to remove any offensive material.
The principle of neutrality, calling on providers to grant equal access to service without charging higher rates for greater bandwidth use is also promoted. The legislation also limits the gathering and use of metadata on Internet users in Brazil.
Approval of the Senate was assured after the government dropped a provision in the legislation requiring Internet companies such as Twitter and Facebook to store data on Brazilian users at home.
The final version bill states that companies collecting data on Brazilian accounts must obey Brazilian data protection laws even if the data is collected and stored on servers abroad.
The demand of the use of Brazilian data centers had been added to the legislation last year after Snowden’s leaks revealed the extent of NSA’s spying network and wiretapping of President Dilma Rousseff communications.
The NSA was also involved in spying on Brazil’s strategic business sector, particularly on state-run oil company Petrobras. In response to US spying, Rousseff canceled a state visit to Washington in October and called on the UN, together with Germany, to adopt a UN resolution guaranteeing internet freedoms.
The adoption of the bill was a top priority for the Brazilian leader as a two-day Net Mundial conference in Sao Paulo is scheduled to open in Brazil on Wednesday.
The aim of the global event on internet governance is to discuss cyber security amid the NSA spying scandal. Safeguarding privacy and freedom of expression on the Internet are among the topics to be discussed according to a draft agenda.
US officials will attend the meeting alongside representatives from dozens of other states.
“All of them should have equal participation in this multi-stakeholder process,” Virgilio Almeida, Brazil’s secretary for IT policy, who will chair the conference, told Reuters.
As part of the discussion, Russia and China have submitted a proposal jointly with Tajikistan and Uzbekistan asking for the UN to develop a code of conduct for the Internet.
“Most participants here want a multi-stakeholder model for the Internet,” Almeida told Reuters. “China wants a treaty at the United Nations, but only governments are represented there.”
The event is not expected to result in any binding policy decisions, but Almeida said it will facilitate a debate that will “sow the seeds” for future reforms of internet governance.
Crimean govt: Referendum website downed by cyber-attack from US
RT | March 16, 2014
The official website of the Crimean referendum is down due to a cyber-attack that originated from the US, Crimean authorities say.
The exact location from which the website’s servers were attacked was Illinois University, Crimean minister of information and mass communications Dmitry Polonsky told Itar-Tass news agency.
“This place turned out to be the Illinois University at Urbana-Champaign. A massive scanning of the servers took place from there before the attack,” Polonsky said.
The assault started during the night (2300 GMT Saturday). At 1000 GMT Sunday, the referendum2014.ru site still wasn’t functioning.
Polonsky stressed that the referendum website has been “DDoS-attacked regularly since its launch.” The portal with .ua domain was replaced with .ru after several attacks.
The referendum is taking place in Crimea, with the vote reported to be peaceful and with high turnout, according to both international observers and Crimean authorities.
On Friday, major Russian government web resources were attacked with DDoS malware – those included the Russian president’s website, as well as those of the Foreign Ministry and the Central Bank.
Also, state media websites – the Channel One and Russia-24 TV channels – were under attack, reportedly from Kiev. The targeted Russian media said the attacks were linked to their editorial policy in covering Ukraine.
Finally, on the same day, an attempted radio-electronic attack on Russian TV satellites from the territory of Western Ukraine was recorded by the Ministry of Communications.
DDoS is the kind of cyber-attack during which requests are sent to the attacked website from many computers, usually virus-infected.
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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British ministers answer for GCHQ mass surveillance in European court
RT | January 24, 2014
The court in Strasbourg has ordered British ministers to provide submissions on mass surveillance programs by the UK’s spy agency to find out whether GCHQ’s secret activities went against the European convention on human rights.
Four European civil rights groups filed a case against Government Communications Headquarters (GCHQ) at the European Court of Human Rights over its surveillance methods in September, after being denied the chance to challenge its practices in an open court in the UK.
The UK’s Big Brother Watch, English PEN and Open Rights Group, as well as the German internet activism group, Constanze Kurz, accused GCHQ of violating the European Convention of Human Rights, insisting that alleged hacking of vast amounts of online data, emails and social media breached Article 8 of the Convention, which guarantees European citizens the right to a private family life. Their case refers to two surveillance programs by the domestic spying agency, Prism and Tempora. The campaigners, who teamed up under the umbrella title of Privacy Not Prism, claimed that GCHQ has “illegally intruded on the privacy of millions of British and European citizens.”
In line with the data revealed by former US National Security Agency, Edward Snowden, about the mass surveillance programs operated by the US and Britain, the group said that “GCHQ has the capacity to collect more than 21 petabytes of data a day – equivalent to sending all the information in all the books in the British Library 192 times every 24 hours.” Meanwhile, under UK law, intelligence agencies are supposed to seek permission from the Secretary of State to read an individual’s text messages.
The European Court of Human Rights (ECHR) has ordered the British government to provide their submissions by May, and the campaigners expect the court to make a ruling before the end of the year.
According to the lawyer for the groups, the ECHR has acted “remarkably quickly” communicating the case to the British government.
“It has also acted decisively by requiring the government to explain how the UK’s surveillance practices and oversight mechanisms comply with the right to privacy. This gives hope the ECHR will require reform if the government continues to insist that nothing is wrong,” Daniel Carey told the Guardian.
Both GCHQ and British ministers have insisted that none of their intelligence programs violated privacy laws and human rights.
According to GCHQ, all of its work is “carried out in accordance with a strict legal and policy framework which ensures that our activities are authorized, necessary and proportionate, and that there is rigorous oversight, including from the secretary of state, the interception and intelligence Services commissioners and the parliamentary intelligence and security committee.”
Foreign Secretary William Hague has continuously dismissed allegations that GCHQ breached the law, saying law-biding citizens have no reason whatsover to be alarmed.
“If we could tell the whole world and the whole country how we do this business, I think people would be enormously reassured by it and they would see that the law-abiding citizen has nothing to worry about,” he said in June.
“If we did that, it would defeat the objective – this is secret work, it is secret intelligence, it is secret for a reason, and a reason that is to do with protecting all the people of this country,” Mr Hague explained.
Last week a joint investigation conducted by the UK’s Guardian newspaper and Channel 4 News, and based on the new documents leaked by Snowden, revealed that the NSA created a secret system called Dishfire to collect hundreds of millions of text messages a day. The documents showed that GCHQ had used the NSA database to search the metadata of “untargeted and unwarranted” communications of people in the UK. According to the Guardian report, “The NSA has made extensive use of its vast text message database to extract information on people’s travel plans, contact books, financial transactions and more – including of individuals under no suspicion of illegal activity.”
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UN to probe security agencies’ snooping
RT | December 3, 2013
The United Nations is set to carry out an investigation into the spying activities of the US and UK, a senior judge has said. The probe will examine the espionage programs and assess whether they conform to UN regulations.
UN special rapporteur Ben Emmerson QC told British newspaper The Guardian that the UN will conduct an inquiry into the NSA and the GCHQ’s spying antics. Following Edward Snowden’s revelations, which blew the whistle on both agencies’ intelligence gathering programs, Emmerson said the issue was at “the very apex of public interest and concerns.”
The report will broach a number of contentious issues, said Emmerson, including whether Snowden should be granted the legal protection afforded to a whistleblower, whether the data he handed over to the media did significant harm to national security, whether intelligence agencies need to scale down their surveillance programs and whether the UK government was misled about the extent of intelligence gathering.
“When it comes to assessing the balance that must be struck between maintaining secrecy and exposing information in the public interest, there are often borderline cases,” Emmerson told The Guardian.
Emmerson also mentioned the raid this summer on The Guardian’s London offices in search of hard drives containing data from Snowden. Addressing the allegations made by the chiefs of British spy agencies MI5, GCHQ and MI6, that publishing Snowden’s material was “a gift to terrorists,” Emmerson said it was the media’s job to hold governments to account for their actions.
“The astonishing suggestion that this sort of responsible journalism can somehow be equated with aiding and abetting terrorism needs to be scotched decisively,” said Emmerson, who will present the conclusions of his inquiry to the UN General Assembly next autumn.
Guardian editor-in-chief Alan Rusbridger is set to appear before a Commons home affairs committee in a hearing about the newspaper publishing of Snowden’s security leaks. British Prime Minister David Cameron issued a statement in September, warning of a possible crackdown if media continued to publish information on covert intelligence gathering programs.
He said the government had not yet been “heavy-handed” in its dealings with the press, but it would be difficult not to act if the press does not “demonstrate some social responsibility.” Cameron added that the UK was a more dangerous place after the Guardian published Snowden’s material.
Snowden’s revelations of the international spying activities of the UK and US have embarrassed the White House and Downing Street. Recent leaks show that the NSA and GCHQ not only monitored millions of civilian communications using programs such as PRISM and Tempora, but also eavesdropped on high-profile businessmen and politicians. Moreover, it was revealed that the NSA also spied on the UN’s headquarters in New York.
Both nations have sought to justify their intelligence gathering programs as being in the interests of national security.
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Britain rejects EU watchdog plan to probe data-gathering practices – report
RT | November 14, 2013
The UK has rejected a call from an EU watchdog to probe how security agencies intercept metadata. Documents divulged by Edward Snowden revealed the covert practices of British spy body GCHQ in what has been described as “breach of fundamental rights.”
UK newspaper the Guardian reported that Britain sought to “disassociate itself” from a Council of Europe draft resolution urging an investigation into data gathering techniques. The European watchdog is currently holding a conference in the Serbian capital of Belgrade entitled ‘Freedom of Expression and Democracy in the Digital Age’ which seeks to ensure intelligence gathering practices abide by the European Convention on Human Rights.
To this end the Council has produced a report entitled ‘Political Declaration and Resolutions’, outlining recommendations to safeguard against “abuse which may undermine or even destroy democracy.”
A clause (13(v)) in the report urges for an inquiry into the gathering of “vast amounts of electronic communications data on individuals by security agencies, the deliberate building of flaws and ‘backdoors’ in the security system of the internet of otherwise deliberately weakening encryption.”
The UK has moved to exempt itself from this particular part of the document, claiming it was “unable to agree to it.”
“The United Kingdom needs to place formally on record that while it has not blocked consensus on this text, the UK needs to disassociate itself from paragraph 13(v). The UK strongly supports the overall approach of the resolution including supporting a free and open internet that promotes freedom of expression,” said the declaration obtained by the Guardian.
The UK, however, accepted that data could be gathered by security agencies for “a legitimate aim” as long as it is in conjunction with existing human rights legislation and the rule of law.
Security leaks divulged by former CIA worker Edward Snowden blew the whistle on the GCHQ’s multiple intelligence gathering activities and its collusion with the NSA. As well as gathering troves of metadata and recording millions of telephone calls, the latest reports obtained by Der Spiegel found that the GCHQ was spying on data exchange companies through a spoof version of the social network site LinkedIn.
Using a method known as ‘Quantum insert’ the GCHQ created dummy versions of the website to target organizations and individuals and smuggle malware onto their computers.
“For LinkedIn the success rate [of rerouting a target to a malicious website] is looking to be greater than 50 percent,” said the leaked documents.
In addition, more information was revealed at the beginning of November as to the extent of the GCHQ’s cooperation with the NSA. Reports emerged that the GCHQ was feeding the NSA with the internal information intercepted from Google’s and Yahoo’s private networks.
So far the British government has done little to allay fears that UK spy agencies are acting outside the law in violation of human rights.
The Center for European Policy Studies published a paper accusing the UK along with other European countries of systematically violating human rights with their spy practices.
“We are witnessing a systematic breach of people’s fundamental rights,” wrote Sergio Carrera, a Spanish jurist who co-authored the paper with Francesco Ragazzi, a professor of international relations at Leiden University in the Netherlands. They called for action from the EU parliament to distinguish “democracies from police states.”
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The blame game: NSA chief points finger at US diplomats in spy scandal
RT | November 1, 2013
In an unexpected twist in the NSA scandal, spy chief Keith Alexander has blamed US diplomats for ordering surveillance on EU politicians. Meanwhile, State Secretary John Kerry has admitted espionage “reached too far,” alleging it was on “automatic pilot.”
Indicating a rift between the White House and the NSA, Director of the spy organization, Keith Alexander, has accused “policy makers” and “diplomats” for dictating the targets for surveillance. In a heated exchange, former ambassador to Romania, James Carew Rosapepe, challenged Alexander to justify spying on US allies, reported the Guardian.
“We all joke that everyone is spying on everyone,” he said. “But that is not a national security justification,” said Rosapepe.
Alexander replied sharply to the question, alleging ambassadors had a hand in ordering spy activities.
“That is a great question, in fact as an ambassador you have part of the answer. Because we the intelligence agencies don’t come up with the requirements, the policymakers come up with the requirements,” Alexander said.
He added sarcastically: “One of those groups would have been, let me think, hold on, oh! – ambassadors.”
Passing the buck
As the NSA points the finger at the Obama Administration for ordering the mass surveillance of European citizens, the White House is seeking to distance itself from the scandal, intimating the NSA was acting of its own volition.
Secretary of State John Kerry addressed the accusations, that the NSA recorded millions of European citizens’ telephone calls, in a video conference to London on Thursday. Kerry conceded that US surveillance had “reached too far” and stated that the NSA had been conducting its espionage on “automatic pilot.”
“In some cases, I acknowledge to you, as has the president, that some of these actions have reached too far, and we are going to make sure that does not happen in the future,” Kerry said, stressing an inquiry is currently underway to reassess American intelligence gathering programs.
Washington came under fire this week when a delegation from the EU came to get answers over the NSA’s activities in Europe. According to the revelations released by former CIA worker, Edward Snowden, to the press, the US not only targeted regular citizens, but also businessmen and high-profile politicians.
The White House did not give many answers to the delegation, they instead sought to justify espionage in Europe as a measure to protect against terrorism.
“It is much more important for this country that we defend this nation and take the beatings than it is to give up a program that would result in us being attacked,” Alexander told the House of Representatives Intelligence Committee on Wednesday. He went on to say that the US only collected data related to warzones in the Middle East.
NSA stores data to target any citizen at any time – Greenwald
RT | October 29, 2013
The current revelations on the NSA’s spying are just the tip of the iceberg and affect “almost every country in the world,” said Glenn Greenwald. He stressed the NSA stores data for “as long as it can,” so they can target a citizen whenever they want.
Glenn Greenwald, the man behind the reports on the NSA global spy program, spoke to El Mundo journalist German Aranda and stressed that the US espionage activities went much further than just Europe.
“There are a lot of countries, and journalists in a lot of different countries, who have been asking for stories and to work on documents for a long time,” Greenwald said. He added that he was working as fast as possible to “make sure that all of these documents get reported in every single country there are documents for, which is most countries in the world.”
Shedding light on the NSA’s motives in compiling metadata on citizens, he said the spy organization’s main aim was to store the information to be able to dip into it whenever necessary.
“The very clear objective of the NSA is not just to collect all this, but to keep it for as long as they can,” said Greenwald.
“So they can at any time target a particular citizen of Spain or anywhere else and learn what they’ve been doing, in terms of who they have been communicating with.”
‘Preparing the terrain’
Referencing reports leaked from former CIA worker Edward Snowden regarding the millions of phone calls tapped by the NSA in the EU, German Aranda stated that French reaction was “important to prepare the terrain in Spain.”
“With all the countries around Europe and around the world, it will be the same. The more countries [that] see documents about them, the more interest the other countries will have to see what is happening with them,” said Aranda.
Last week the Spanish Prime Minister, Manuel Rajoy, summoned the US Ambassador to account for the reports of spying, echoing the reactions of France, Germany and a handful of other countries. Spain has so far resisted calls from Germany to sign an EU no-spying treaty against the US in the wake of the revelations; however this may be set to change.
“As in previous occasions, we’ve asked the U.S. ambassador to give the government all the necessary information on an issue which, if it was to be confirmed, could break the climate of trust that has traditionally been the one between our two countries,” said Spanish Foreign Minister Jose Manuel Garcia-Margallo, at a joint news conference in Warsaw last week.
In response to European leaders’ furor over NSA espionage, the White House has launched an internal review into the NSA’s activities. The EU Parliament has also threatened to halt the sharing of data on the SWIFT banking system, which provides information on the transfer of funds by suspected terrorists.
A delegation from the EU parliament is currently in Washington to discuss what has been described as a “breakdown in trust” between traditional allies.
The Obama administration earlier said the controversial intelligence gathering procedures that have attracted international scrutiny in recent months may require “additional constraints.” White House spokesperson Jay Carney said that a “number of efforts [are] underway that are designed to increase transparency.”
Federal Appeals Court Rules Warrant Required for GPS Tracking
By Nathan Freed Wessler | ACLU | October 23, 2013
Today the Third Circuit Court of Appeals ruled that law enforcement agents must obtain a warrant based on probable cause to attach a GPS device to a car and track its movements. The case, United States v. Katzin, is the first in which a federal appeals court has explicitly held that a warrant is required for GPS tracking by police. The ACLU submitted an amicus brief in the case (joined by the ACLU of Pennsylvania, Electronic Frontier Foundation, and National Association of Criminal Defense Lawyers) and presented oral argument to the court in March.
In this case, police suspected three brothers, Harry, Mark, and Michael Katzin, of robbing several pharmacies. Without getting a warrant from a judge, FBI agents attached a GPS tracking device to Harry Katzin’s car in order to follow its movements. The government used the GPS device to track the Katzins as they drove to and from another pharmacy, and arrested them as they drove away. Before trial, the Katzins argued that police had violated their Fourth Amendment rights by using the GPS tracker without a warrant, and the district court agreed. Today’s ruling affirms that decision.
Last year, in United States v. Jones, the Supreme Court unanimously held that attaching a GPS tracker to a car to follow its movements is a search under the Fourth Amendment. The Court did not decide whether police need a warrant to conduct such a search, however, and the government argued in this case that an exception to the usual requirement of a warrant should apply. The Third Circuit rejected the government’s arguments, explaining that GPS tracking is a “vastly broader endeavor” than the kinds of limited searches that courts have allowed without warrants. In particular, the court held that the “automobile exception” to the warrant requirement does not apply to GPS tracking. The exception is designed to permit warrantless searches of cars to reveal contraband before the cars can drive away. But, as the court explained, that narrow exception does not “permit [police] to leave behind an ever-watchful electronic sentinel in order to collect future evidence” without judicial oversight.
The court also rejected a second argument made by the government: that the so-called “good faith” exception should permit use of evidence derived from the GPS tracking, even if it violated the Fourth Amendment. Because the GPS tracker was attached to the Katzins’ car before the Supreme Court decided Jones, and before the Third Circuit had addressed the issue, the government argued that FBI agents couldn’t have known that using a GPS device might raise questions under the Fourth Amendment, and therefore they acted in good faith by choosing not to seek a warrant. The court explained that this does not excuse police from the requirement of getting a warrant:
Where an officer decides to take the Fourth Amendment inquiry into his own hands, rather than to seek a warrant from a neutral magistrate — particularly where the law is as far from settled as it was in this case — he acts in a constitutionally reckless fashion. Here, law enforcement personnel made a deliberate decision to forego securing a warrant before attaching a GPS device directly to a target vehicle in the absence of binding Fourth Amendment precedent authorizing such a practice. . . . Excluding the evidence here will incentivize the police to err on the side of constitutional behavior and help prevent future Fourth Amendment violations.
Today’s opinion offers a full-throated defense of the Fourth Amendment, and installs an important safeguard against unjustified government surveillance. As courts around the country consider challenges to warrantless location tracking by police (whether using GPS devices or cell phone signals), they would do well to follow the Third Circuit’s lead.
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From the Archives
The lies about the 1967 war are still more powerful than the truth
By Alan Hart | June 4, 2012
In retrospect it can be seen that the 1967 war, the Six Days War, was the turning point in the relationship between the Zionist state of Israel and the Jews of the world (the majority of Jews who prefer to live not in Israel but as citizens of many other nations). Until the 1967 war, and with the exception of a minority of who were politically active, most non-Israeli Jews did not have – how can I put it? – a great empathy with Zionism’s child. Israel was there and, in the sub-consciousness, a refuge of last resort; but the Jewish nationalism it represented had not generated the overtly enthusiastic support of the Jews of the world. The Jews of Israel were in their chosen place and the Jews of the world were in their chosen places. There was not, so to speak, a great feeling of togetherness. At a point David Ben-Gurion, Israel’s founding father and first prime minister, was so disillusioned by the indifference of world Jewry that he went public with his criticism – not enough Jews were coming to live in Israel.
So how and why did the 1967 war transform the relationship between the Jews of the world and Israel? … continue
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- Dialing Back The Panic: German Physics Prof Sees No Evidence Of Climate Tipping Points!
- Astrophysicist Dr. Willie Soon Challenges The Climate Consensus … It’s The Sun, Not CO2
- Regional Cooling Since The 1980s Has Driven Glacier Advance In The Karakoram Mountains
- Greenland Petermann Glacier Has Grown 30 Kilometers Since 2012!
- New Study: Temperature-Driven CO2 Outgassing Explains 83 Percent Of CO2 Rise Since 1959
- Climate Extremists Ordered By Hamburg Court To Pay €400,000 In Damages
- More Evidence NE China Is Not Cooperating With The Alarmist Global Warming Narrative
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