Congressional Oversight? Dianne Feinstein Says She’s ‘Not A High-Tech Techie’ But Knows NSA Can’t Abuse Surveillance
By Mike Masnick | TechDirt | August 2, 2013
As the NSA and defenders of NSA surveillance are trying to minimize the damage from the latest leak, which revealed the details of the XKeyscore program, they’re bending over backwards to insist that this program is both limited and immune from abuse. We’ve already mentioned that the claims that it can’t be abused are laughable since there’s already a well-documented history of abuse. However, even more bizarre is the following quote from Senate Intelligence Committee boss, Senator Dianne Feinstein (a staunch defender of the surveillance programs):
Feinstein said, “I am not a high-tech techie, but I have been told that is not possible.”
Note that among Feinstein’s jobs is oversight of this program. Yet, what kind of “oversight” is it when she admits that she’s not qualified to understand the technology but “has been told” that such abuses are not possible? That doesn’t seem like oversight. That seems like asking the NSA “can this system be abused?” and the NSA saying “oh, no no no, not at all.” That’s not exactly oversight, now is it?
Oakland’s Creepy New Surveillance Program Just Got Approved
By Linda Lye | EFF | August 1, 2013
Earlier this week, the Oakland City Council voted to approve the second phase of a $10.9 million surveillance center that would enable the City to engage in widespread warrantless surveillance of Oakland residents who have engaged in no wrongdoing whatsoever. This is a terrible blow to privacy.
The so-called Domain Awareness Center (DAC) would consolidate a vast network of surveillance data. The project was initially supposed to be about port security. But in a classic illustration of mission creep, the project as proposed would have pulled in over 1,000 cameras and sensors pointed at Oakland residents, including 700 cameras in Oakland schools. While surveilling schoolchildren is not going to secure the Port of Oakland, it would allow for the comprehensive tracking of innocent Oakland residents. The DAC would enable the city to track individuals when they visit the abortion clinic, the Alcoholics Anonymous meeting, or the union hall, or engage in other private activities. Although proponents of the project claimed that it did nothing more than consolidate existing surveillance systems, the mere combination of surveillance data is extremely intrusive. A mosaic depicts far more information than any individual tile.
Shockingly, the City Council was poised to approve the project even though there was no privacy framework in place whatsoever. Although the City’s proposed contract with a vendor to build the DAC took pains to prescribe in minute detail the precise manner in which, for example, metal framing systems are to be installed (studs are to be placed not more than 2 inches from abutting walls), there were no privacy provisions addressing key issues such as data retention and dissemination.
Disappointingly, and in the face of enormous opposition, the City Council voted on Tuesday to approve the DAC. The resolution it ultimately adopted requires the City Council to approve privacy policies and specifies which surveillance systems can be included in the DAC (the cameras in Oakland schools are no longer included). While the resolution contains a few nods to privacy, the City Council still put the cart before the horse. The City Council would never have approved a construction project, only to say that they’d review financial costs after the project is built. But it did just that with privacy costs.
You can follow Linda Lye on Twitter at @linda_lye.
Related article
- Oakland accepts federal funds for controversial, vast surveillance setup (arstechnica.com)
Naked Citizens – World
journeymanpictures · May 7, 2013
Naked Citizens (2013): Increasing numbers of ‘terror suspects’ are being arrested on the basis of online and CCTV surveillance data. Authorities claim they act in the public interest, but does this intense surveillance keep us safer?
“I woke up to pounding on my door”, says Andrej Holm, a sociologist from the Humboldt University. In what felt like a scene from a movie, he was taken from his Berlin home by armed men after a systematic monitoring of his academic research deemed him the probable leader of a militant group. After 30 days in solitary confinement, he was released without charges. Across Western Europe and the USA, surveillance of civilians has become a major business. With one camera for every 14 people in London and drones being used by police to track individuals, the threat of living in a Big Brother state is becoming a reality. At an annual conference of hackers, keynote speaker Jacob Appelbaum asserts, “to be free of suspicion is the most important right to be truly free”. But with most people having a limited understanding of this world of cyber surveillance and how to protect ourselves, are our basic freedoms already being lost?
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Report Details Government’s Ability to Analyze Massive Aerial Surveillance Video Streams
By Jay Stanley | ACLU | April 5, 2013
Yesterday I wrote about Dayton Ohio’s plan for an aerial surveillance system similar to the “nightmare scenario” ARGUS wide-area surveillance technology. Actually, ARGUS is just the most advanced of a number of such “persistent wide-area surveillance” systems in existence and development. They include Constant Hawk, Angel Fire, Kestrel (used on blimps in Afghanistan), and Gorgon Stare.
One of the problems created by these systems—which have heretofore been used primarily in war zones—is that they tend to generate a deluge of video footage. A 2010 article says that American UAVs in Iraq and Afghanistan produced 24 years’ worth of video in 2009, and that that number was expected to increase 30-fold (which would be 720 years’ worth) in 2011. Who knows what that’s up to this year, or where it will be by, say, 2025. The human beings who operate these systems can’t possibly analyze all that footage.
In an attempt to solve this problem, Lawrence Livermore Labs has created a system for the military called “Persistics.” It can be used in conjunction with drone (or manned) camera systems such as ARGUS to help manage the vast oceans of video data that are now being generated. The system is
designed to help the Department of Defense and other agencies monitor tens of square kilometers of terrain from the skies, with sufficiently high resolution for tracking people and vehicles for many hours at a time.
That’s from a May 2011 report that I recently came across with the faintly ominous title “From Video to Knowledge.” Produced by Livermore Labs, it contains a lot of interesting detail about Persistics and the problems and solutions involved in massive aerial video surveillance.
The Persistics system consists of algorithms that “analyze the streaming video content to automatically extract items of interest.”
Its analysis algorithms permit surveillance systems to “stare” at key people, vehicles, locations, and events for hours and even days at a time while automatically searching with unsurpassed detail for anomalies or preselected targets.
With Persistics, the report boasts, “analysts can determine the relationships between vehicles, people, buildings, and events.” Among the capabilities touted in the report are:
- “Seamless stitching” together of images from multiple cameras to create “a virtual large-format camera.”
- Stabilizing video (“essential for accurate and high-resolution object identification and tracking”).
- Eliminating parallax (the difference in how an object appears when viewed from slightly different angles).
- Differentiating moving objects from the background.
- The ability to automatically follow moving objects such as vehicles.
- Creating a “heat map” representation of traffic density in order to “automatically discern if the traffic pattern changes.”
- Comparing images taken at different times and automatically detecting any changes that have taken place.
- Super-high “1,000-times” video compression.
- The ability to provide all the locations a particular vehicle was spotted within a given time frame.
- The ability to provide all the vehicles that were spotted at a particular location within a given time frame.
Technologically, according to the report, the Persistics program relies heavily on the explosion in the power of consumer Graphics Processing Units (GPUs) used in video games and the like.
The report also says that the system “is being further enhanced” to work with ARGUS, and includes new details about that system:
Persistics can simultaneously and continuously detect and track the motion of thousands of targets over the ARGUS-IS coverage area of 100 square kilometers. ARGUS-IS can generate several terabytes of data per minute, hundreds of times greater than previous-generation sensors.
Previous reports said that ARGUS could cover 15 square miles; here it reports 100 square kilometers, which is 38.6 square miles. (I suppose we should expect Moore’s Law-like expansion in the capabilities of these systems.)
Of course, the system is designed to store and retrieve all the records and data about everything that it surveils:
Persistics supports forensic analyses. Should an event such as a terrorist attack occur, the archival imagery of the public space could be reviewed to determine important details such as the moment a bomb was placed or when a suspect cased the targeted area. With sufficiently high-resolution imagery, a law-enforcement or military user could one day zoom in on an individual face in a heavily populated urban environment, thus identifying the attacker.
As with every privacy-invading technology designed and/or sold as helping foil terrorists, we have to wonder how long it will be before it’s applied to tracking peace activists.
Future work on Persistics is focused on the kind of behavioral analytics that have been discussed in the context of programs such as “Trapwire.” Livermore scientists, according to the report, are now working on automated methods for identifying “patterns of behavior” that could indicate “deviations from normal social and cultural patterns” and “networks of subversive activity.”
Also under development are efforts to allow the three-dimensional viewing of targets, as well as “methods to overlay multiple sensor inputs—including infrared, radar, and visual data—and then merge data to obtain a multilayered assessment.”
Of course, much of this is unobjectionable from a domestic civil liberties point of view when it’s used as originally intended: on foreign battlefields. The problem comes when the government brings the technology home and turns it inward upon the American people. In fact, at the close of the report, Livermore contemplates exactly that:
Unmanned aircraft have demonstrated their ISR [intelligence, surveillance, and reconnaissance] value for years in Afghanistan and Iraq. As U.S. soldiers return home, the role of overhead video imagery aided by Persistics technology is expected to increase. Persistics could also support missions at home, such as monitoring security at U.S. borders or guarding ports and energy production facilities. Clearly, with Persistics, video means knowledge—and strengthened national security.
Among the federal agencies most interested in the technology, the report says, is DHS.
Related article
- Drone ‘Nightmare Scenario’ Now Has A Name: ARGUS (alethonews.wordpress.com)
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.
FBI Uses Portable Device to Track Cell Phone Users
By Matt Bewig | AllGov | January 14, 2013
Even on dry land, Americans should fear the stingray. Not the flat cartilaginous fishes related to sharks, but the secret government surveillance device that not only tracks suspected criminals but also intercepts the private information of law-abiding citizens who happen to be nearby. Now, because of a Freedom of Information Act (FOIA) request and lawsuit brought by the Electronic Privacy Information Center (EPIC) against the FBI, the government is slowly releasing thousands of relevant documents that are already raising alarms among privacy and civil liberties advocates.
The stingray came to public notice in 2011 when the FBI used a “cell-site simulator” to track down a suspect. This portable device, also called an “IMSI catcher” or a “stingray,” sends out a signal that fools nearby wireless phones into connecting with a fake network. It can then capture all sorts of personal data from all of those phones, including location data that can then be used to track a person’s movements in real time. A stingray can be handheld or mounted on a motor vehicle or an unmanned surveillance drone.
As the FBI has admitted to EPIC, because the stingray fools all nearby wireless phones into connecting with its bogus network and uploading private data to it, its use would constitute a “search and seizure” under the Fourth Amendment to the Constitution and thus require a warrant. However, because the FBI argues that wireless phone users have no reasonable expectation to privacy, the agency says it does not need a warrant. The Supreme Court has not yet ruled on the privacy of cell phone calls.
In addition to (probably) violating the constitution, the use of stingrays is also prohibited by federal law. Although heavily redacted, the files reluctantly released by the FBI reveal snippets of internal Justice Department discussions of how to justify use of the stingray as compliant with the provisions of the Communications Act that prohibit “interference” with communication signals like those of wireless phones.
These documents demonstrate, according to EPIC attorney Alan Butler, that “there are clearly concerns, even within the agency, that the use of Stingray technology might be inconsistent with current regulations. I don’t know how the DOJ justifies the use of Stingrays given the limitations of the Communications Act prohibition.”
Nor is it just the FBI. According to a recent report, local police are “quietly” using stingrays in Los Angeles, Miami, Fort Worth, and Gilbert, Arizona. And likely other places, as well.
Related articles
2012 in Review: State Surveillance Around the Globe
By Katitza Rodriguez | EFF | December 31, 2012
All things considered, 2012 was a terrible year for online privacy against government surveillance. How bad was it? States around the world are demanding private data in ever-greater volumes—and getting it. They are recognizing the treasure troves of personal information created by modern communications technologies of all sorts, and pursuing ever easier, quicker, and more comprehensive access to our data. They are obtaining detailed logs of our entire lives online, and they are doing so under weaker legal standards than ever before. Several laws and proposals now afford many states warrantless snooping powers and nearly limitless data collection capabilities. These practices remain shrouded in secrecy, despite some private companies’ attempts to shine a light on the alarming measures states are taking around the world to obtain information about users.
To challenge the sweeping invasions into individuals’ personal lives, we’re calling on governments to ensure their surveillance policies and practices are consistent with international human rights standards. We’re also demanding that governments and companies become more transparent about their use of the Internet in state surveillance.
Signs of Growing International Surveillance in 2012
A new law in Brazil allows police and public prosecutors to demand user registration data from ISPs directly, via a simple request, with no court order, in criminal investigations involving money laundering. And, a new bill seeks to allow the Federal Police to demand registration data of Internet users in cases of crimes without the need of a court order nor judicial oversight.
Colombia adopted a new decree that compels ISPs to create backdoors that would make it easier for law enforcement to spy on Colombians. The law also forces ISPs and telecom providers to continuously collect and store for five years the location and subscriber information of millions of ordinary Colombian users.
Leaked documents revealed that the Mexican government shelled out $355 million to expand Mexican domestic surveillance equipment over the past year.
The Canadian government put proposed online surveillance legislation temporarily “on pause” following sustained public outrage generated by the bill. The bill introduces new police powers that would allow authorities easy access to Canadians’ online activities, including the power to force ISPs to hand over private customer data without a warrant.
The EU’s overarching data retention directive has become a dangerous model for other countries, despite the fact that several European Courts have declared several national data retention laws unconstitutional.
Romania went ahead with adopting a new data retention mandate law without any real evidence or debate over the right to privacy, despite the 2009 Constitutional Court ruling declaring the previous data retention law unconstitutional.
The German government is proposing a new law that would allow law enforcement and intelligence agencies to extensively identify Internet users, without any court order or reasonable suspicion of a crime. This year, more details were found on German State Trojan Program to spy on and monitor Skype, Gmail, Hotmail, Facebook and other online communications.
The UK government is considering a bill that would extend the police’s access to individuals’ email and social media traffic data. The UK ISPs will be compelled to gather the data and allow the UK police and security services to scrutinize it.
A Dutch proposal seeks to allow the police to break into foreign computers and search and delete data. If the location of a particular computer cannot be determined, the Dutch police would be able to break into it without ever contacting foreign authorities. Another Dutch proposal seeks to allow the police to force a suspect to decrypt information that is under investigation in a case of terrorism or sexual abuse of children.
In Russia, several new legal frameworks or proposed bills enable increased state surveillance of the Internet.
Australian law enforcement and intelligence agencies have continued to advance the false idea of the need for data retention mandates, mandatory backdoors for cloud computing services and the creation of a new crime for refusing to aid law enforcement in the decryption of communications.
A controversy arose in Lebanon over revelations that the country’s Internal Security Forces (ISF) demanded the content of all SMS text messages sent between September 13 and November 10 of this year, as well as usernames and passwords for services like Blackberry Messenger and Facebook.
The Rwandan Parliament is discussing a bill that will grant sanctions the police, army and intelligence services the power to listen to and read private communications in order to protect “public security”, the keyword often invoked to justify unnecessary human rights violations.
Pakistan adopted a Fair Trial Bill authorizing the state to intercept private communications to thwart acts of terrorism. No legal safeguards have been built in to prevent abuse of power and the word “terrorism” has been poorly defined (a word that’s often invoked to justify unnecessary human rights violations).
RIM announced that they had provided the Indian Government with a solution to intercept messages and emails exchanged via BlackBerry handsets. The encrypted communications will now be available to Indian intelligence agencies.
The Indian government approved the purchase of technological equipment to kickstart the National Intelligence Grid (NATGRID)—a project that seeks to link databases for ready access by intelligence agencies. The project is expected to facilitate “robust information sharing” by security and law enforcement agencies to combat terror threats.
Moving Forward
EFF’s international team and a coalition of civil society organizations around the world have drafted a set of principles that can be used by civil society, governments and industry to evaluate whether state surveillance laws and practices are consistent with human rights. In 2013, we will continue demanding that states adopt stronger legal protections if they want to track our cell phones, or see what web sites we’ve visited, or rummage through our Hotmail, or read our private messages on Facebook, or otherwise invade our electronic privacy. EFF will keep working collaboratively with advocates, lawyers, journalists, bloggers and security experts on the ground to fight overbroad surveillance laws. Our work will involve existing legislative initiatives, international fora, and other regional venues where we can have a meaningful impact on establishing stronger legal protections against government access to people’s electronic communications and data.
Related articles
- Colombia Adopts Mandatory Backdoor and Data Retention Mandates (informationliberation.com)
- Do we need the Snooper’s Charter to save lives? (pcpro.co.uk)
- ISP Walks Out of Piracy Talks: “We’re Not The Internet Police” (torrentfreak.com)
They can hear you: US buses fitted with eavesdropping equipment
RT | December 11, 2012
Cities across America are equipping their public transport systems with audio recording devices, potentially storing every word spoken by passengers onboard. Rights activists say the surveillance plan by far exceeds what is necessary for security.
The multimillion dollar upgrade is underway in several US cities, including San Francisco, Eugene, Traverse City, Columbus, Baltimore, Hartford and Athens, reports The Daily, which obtained documents detailing the purchases.
The money partially comes from the federal government. San Francisco, for example, has approved a $5.9 million contract to install the eavesdropping systems on 357 modern buses and historic trolley cars over the next four years, with the Department Homeland Security footing the entire bill. The interception of audio communication will apparently be conducted without search warrants or court supervision, the report says.
The systems would be able to record audio and video from several locations in a bus for simultaneous playback. In Eugene transit officials explicitly demanded microphones capable of distilling clear conversation from the background noise. The recordings would generally be retained for 30 days. One of the systems produced for transport monitoring supports up to 12 high definition cameras, each with a dedicated microphone.
The system may potentially have additional capabilities added like timing the recording with GPS data from an onboard navigator, using facial recognition technology to identify people recorded or connecting wirelessly to a central post for real-time monitoring.
“This technology is sadly indicative of a trend in increased surveillance by commercial and law enforcement entities, under the guise of improved safety,” Ashkan Soltani, an independent security consultant whom the online newspaper asked to review specifications of equipment marketed for transit agencies, told The Daily.
Transport authorities gave various explanations for beefing up surveillance. A San Francisco contractor says the system will “increase passenger safety and improve reliability and maintainability of the system”. An Arkansas transit agency official said it is needed to deflect false complaints from passengers, describing it as “a lifesaver for the drivers”. Maryland officials openly called it a tool for law enforcement.
In some cases the systems are being installed despite resistance of civil liberties activists and lawmakers. In Maryland a legislative committee rejected a bill that would allow the local transport agency to proceed with its plan over concerns that it would violate wiretapping laws. The state’s attorney general advised the transportation agency to use signs warning passengers of the surveillance to help the system withstand a court challenge.
Privacy law experts say audio surveillance systems on buses pushes the boundaries of what is necessary to protect the law.
“It’s one thing to post cops, it’s quite another to say we will have police officers in every seat next to you, listening to everything you say,” said Neil Richards, a professor at Washington University School of Law.
With the microphones, he said, “you have a policeman in every seat with a photographic memory who can spit back everything that was said.”
Public transport is not the only place where citizens are worried about being constantly monitored by keen-eared recording devices. Similar systems combining audio and video recording with wireless connectivity are being installed in lampposts across the US.
Related articles
- Big Brother’s Listening (thedaily.com)
- Baltimore bus passengers now subject to secretive eavesdropping (rt.com)
Easily Abused, Domestic Drones Raise Enormous Privacy Concerns
By Linda Lye, ACLU of Northern California | October 19, 2012
Shortly before next week’s one-year anniversary of the Oakland Police Department’s brutal crackdown on Occupy Oakland, Alameda County Sheriff Greg Ahern announced that he was seeking funds to purchase a drone to engage in unspecified unmanned aerial surveillance. One of the many unfortunate lessons of OPD’s Occupy crackdown is that when law enforcement has powerful and dangerous tools in its arsenal, it will use them. Drones raise enormous privacy concerns and can easily be abused. Before any drone acquisition proceeds, we need to ask a threshold question – are drones really necessary in our community? – and have a transparent and democratic process for debating that question. In addition, if the decision is made to acquire a drone, do we have rigid safeguards and accountability mechanisms in place, so that law enforcement does not use drones to engage in warrantless mass surveillance? The ACLU of Northern California has sent the Sheriff a Public Records Act request, demanding answers to these crucial questions.
Drones should never be used for indiscriminate mass surveillance, and police should never use them unless there are legitimate grounds to believe they will collect evidence related to a specific instance of criminal wrongdoing or in emergencies.
One of the reasons cited by Sheriff Ahern in support of drones is that they are much cheaper than other forms of aerial surveillance; by his account, a helicopter costs $3 million to purchase and a drone less than 1/30 of that. But the relative inexpensiveness of electronic surveillance is also precisely why strong safeguards need to be in place. When the police have to mount elaborate and costly foot and squad patrols to follow a suspect 24/7, the expenditure of resources serves as a deterrent to abuse; it forces the police to limit their surveillance to instances when it is actually necessary. Drones permit the police to surveil people at all hours of the day and, apparently, at 1/30 the cost of other forms of aerial surveillance. The natural deterrent to abuse goes away, and invites abuse. This makes strong safeguards absolutely essential.
Before Sheriff Ahern proceeds with the drone acquisition, the community deserves answers to the questions we raised in our Public Records Act request: Why are drones necessary? How much will they cost? And what safeguards will be in place to prevent abuse?
