Tag Archives: bulk data collection

Uproar After Congress Sneaks Attack on Digital Privacy Rights Into Omnibus Spending Bill

Attaching it to massive spending deal, lawmakers rush through controversial bill that allows law enforcement to hand over personal data without a warrant

By Jessica Corbett, staff writer for CommonDreams. Published 3-22-2018

Critics of the CLOUD Act ” are rightfully pointing out that it jettisons current human rights protections in favor of vague standards that could gut individual rights.” (Photo: Electoric Frontier Foundation)

Buried in the 2,232-page omnibus spending bill that the U.S. House passed Thursday is a piece of legislation that digital privacy advocates warn “expands American and foreign law enforcement’s ability to target and access people’s data across international borders.”

The Clarifying Lawful Overseas Use of Data or CLOUD Act (S. 2383 and H.R. 4943) would add an official provision for U.S. law enforcement to access “the contents of a wire or electronic communication and any record or other information” for people all across the globe, regardless of where they live and what that nation’s privacy laws dictate. It would also create a “backdoor” into Americans’ data, enabling the U.S. government to bypass its citizens’ Fourth Amendment rights to access and even use their data. Continue reading

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‘Insidious’ and ‘Dangerous’: Digital Privacy Groups Issue Urgent Warning Over CLOUD Act

Critics say the bill, which could be pushed through Congress this week, would enable U.S. authorities to skirt Fourth Amendment rights to collect Americans’ data and use it against them

By Jessica Corbett, staff writer for CommonDreams. Published 3-19-2018

Critics warns that proposed federal legislation “would let police access our data without having to comply with the Fourth Amendment.” (Photo: Fight for the Future/Twitter)

Civil libertarians and digital rights advocates are alarmed about an “insidious” and “dangerous” piece of federal legislation that the ACLU warns “threatens activists abroad, individuals here in the U.S., and would empower Attorney General Sessions in new disturbing ways.”

The Clarifying Lawful Overseas Use of Data or CLOUD Act (S. 2383 and H.R. 4943), as David Ruiz at Electronic Frontier Foundation (EFF) explains, would establish a “new backdoor for cross-border data [that] mirrors another backdoor under Section 702 of the FISA Amendments Act, an invasive NSA surveillance authority for foreign intelligence gathering” recently reauthorized by Congress. Continue reading

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Not Even Orwell or Huxley Could Have Imagined ‘Totalitarian’ Threat Posed by Facebook and Google, Warns Soros

Billionaire investor says there is serious threat of tech giants and authoritarian states teaming up to “bring together nascent systems of corporate surveillance with an already developed system of state-sponsored surveillance.”

By Jake Johnson, staff writer for CommonDreams. Published 1-26-2018

“The power to shape people’s attention is increasingly concentrated in the hands of a few companies,” Soros said. (Photo: Wikimotive)

In addition to warning that U.S. President Donald Trump represents an immense “danger” to civilization, billionaire George Soros used the spotlight of the World Economic Forum in Davos, Switzerland on Thursday to urge the international community to take seriously the threats posed by Facebook and Google, which he said could ultimately spawn “a web of totalitarian control” if they are not reined in.

Particularly alarming, Soros said, is the prospect of Facebook and Google—which he scathingly deemed a “menace” to society—teaming up with “authoritarian states” to “bring together nascent systems of corporate surveillance with an already developed system of state-sponsored surveillance.” Continue reading

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Extreme Digital Vetting of Visitors to the U.S. Moves Forward Under a New Name

ICE officials have invited tech companies, including Microsoft, to develop algorithms that will track visa holders’ social media activity.

By George Joseph. Published by ProPublica 11-22-2017

The door of an Immigration and Customs Enforcement vehicle.. Photo: ICE

The Department of Immigration & Customs Enforcement is taking new steps in its plans for monitoring the social media accounts of applicants and holders of U.S. visas. At a tech industry conference last Thursday in Arlington, Virginia, ICE officials explained to software providers what they are seeking: algorithms that would assess potential threats posed by visa holders in the United States and conduct ongoing social media surveillance of those deemed high risk.

The comments provide the first clear blueprint for ICE’s proposed augmentation of its visa-vetting program. The initial announcement of the plans this summer, viewed as part of President Donald Trump’s calls for the “extreme vetting” of visitors from Muslim countries, stoked a public outcry from immigrants and civil liberties advocates. They argued that such a plan would discriminate against Muslim visitors and potentially place a huge number of individuals under watch. Continue reading

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Senate Votes to Give Trump Vast Domestic Spying Powers “No President Should Have”

“Instead of instituting much needed reforms, lawmakers voted to give the Trump administration broad powers to spy on Americans and foreigners at home and abroad without a warrant.”

By Jon Queally, staff writer for CommonDreams. Published 1-18-2018

Photo: YouTube

Defenders of civil liberties and privacy advocates expressed their discontent on Thursday after the U.S. Senate passed a bill that reauthorizes and expands the ability of the goverment to spy on the digital communications without a warrant.

With a final vote of 65-34 vote in favor, the passage of the FISA Amendments Reauthorization Act of 2017—now headed to President Donald Trump’s desk for a signature—will extend for six years a provision known as Section 702 of the Foreign Intelligence Surveillance Act (FISA) which allows for call the “unconstitutional spying” on emails, text messages, and other digital communications of both Americans and foreign nationals without a warrant. Continue reading

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Taking Short Break From Denouncing Trump Authoritarianism, House Dems Join With GOP to ‘Violate the Privacy Rights of Everyone in United States’

“Democratic leadership in the House—who say that Trump is currently abusing his power to go after his political enemies—just helped him pass dangerous domestic surveillance powers.”

By Jon Queally, staff writer for CommonDreams. Published 1-11-2018

“It seems rather odd, to put that mildly,” wrote journalist Glenn Greenwald, “to simultaneously insist that Trump is a traitorous agent or enslaved tool of an adversarial foreign power to whom he reports back, and then vote to give Trump extremely invasive, largely unchecked domestic spying power.” (Image: EFF)

Despite spending much of the last twelve months denouncing the legitimate threat posed by President Donald Trump’s penchant for authoritarian policies and behavior, 65 Democrats in the U.S. House of Representatives on Thursday joined with 191 Republicans in passing a bill that advocates of civil liberties warn will lead to the wholesale violation ‘of privacy rights for everyone in the United States.’

While the final vote on the FISA Amendments Reauthorization Act of 2017 (or S.139)—which included renewal of the controversial Section 702 which allows government agencies to spy on the emails, text messages, and other electronic communications of Americans and foreigners without a warrant—was 256 to 164 in favor of passage, the partisan breakdown revealed that Republicans in the majority needed a great deal of Democratic support in order to have it pass. Continue reading

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Victory for Civil Liberties as GOP Push to Expand NSA Spying Declared Dead—For Now

“Just like that, in less than 12 hours, last-ditch efforts to cram an NSA surveillance expansion bill were delayed—and possibly derailed. Your voices are heard. Keep it up.”

By Jake Johnson, staff writer for CommonDreams. Published 12-20-2017

“Like with the tax bill and healthcare, House Republicans are now trying to pass an awful NSA surveillance expansion bill within hours of releasing the text and with zero debate,” Freedom of the Press Foundation executive director Trevor Timm warned in a tweet on Tuesday. (Photo: Joe Brusky/Flickr/cc)

Civil libertarians and internet freedom groups declared tentative victory on Wednesday after House Republicans announced that they have—at least for now—abandoned efforts to sneak through a measure that would have reauthorized Section 702 of the Foreign Intelligence Surveillance Act (FISA) and vastly expanded NSA spying powers.

A number of prominent groups and public figures—including Fight for the Future, the Freedom of the Press Foundation (FPF), and Edward Snowden—have been working to call attention to the legislation in recent days amid the flurry of tax and budget developments. Continue reading

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The StingRay Spy Device Is Exactly Why the 4th Amendment Was Written

At least 68 agencies in 23 different states own StingRays.

By Olivia Donaldson

Photo: The Desk

Imagine you are in the middle of your typical day-to-day activities. Maybe you are driving, spending time with family, or working. If you are like most people, your phone is at your side on a daily basis. Little do you know that, at any time, police and law enforcement could be looking at information stored on your phone. You haven’t done anything wrong. You haven’t been asked for permission. You aren’t suspected of any crime.

The StingRay

Police have the power to collect your location along with the numbers of your incoming and outgoing calls and intercept the content of call and text communication. They can do all of this without you ever knowing about it.

How? They use a shoebox-sized device called a StingRay. This device (also called an IMSI catcher) mimics cell phone towers, prompting all the phones in the area to connect to it even if the phones aren’t in use.

The police use StingRays to track down and implicate perpetrators of mainly domestic crimes. The devices can be mounted in vehicles, drones, helicopters, and airplanes, allowing police to gain highly specific information on the location of any particular phone, down to a particular apartment complex or hotel room.

Quietly, StingRay use is growing throughout local and federal law enforcement with little to no oversight. The ACLU has discovered that at least 68 agencies in 23 different states own StingRays, but says that this “dramatically underrepresents the actual use of StingRays by law enforcement agencies nationwide.”

The Violation

Information from potentially thousands of phones is being collected every time a StingRay is used. Signals are sent into the homes, bags, and pockets of innocent individuals. The Electronic Frontier Foundation likens this to the Pre-Revolutionary War practice of soldiers going door-to-door, searching without suspicion.

Richard Tynan, a technologist with Privacy International notes that, “there really isn’t any place for innocent people to hide from a device such as this.”

The Fourth Amendment of the Constitution states that, “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

The StingRay clearly violates these standards. The drafters of the Constitution recognized that restricting the government from violating privacy is essential for a free society. That’s why the Fourth Amendment exists. The StingRay is creating a dangerous precedent that tells the government that it’s okay for them to violate our rights. Because of this, freedom is quietly slipping out the window.

Little Regulation

Law Enforcement is using StingRays without a warrant in most cases. For example, the San Bernardino Police Department used their StingRay 300 times without a warrant in a little over a year.

In 2010, the Tallahassee Police Department used a StingRay in a warrantless search to track down the suspect of a crime. A testimony from an unsealed hearing transcript talks about how police went about finding their target. The ACLU sums it up well:

“Police drove through the area using the vehicle-based device until they found the apartment complex in which the target phone was located, and then they walked around with the handheld device and stood ‘at every door and every window in that complex’ until they figured out which apartment the phone was located in. In other words, police were lurking outside people’s windows and sending powerful electronic signals into their private homes in order to collect information from within.”

A handful of states have passed laws requiring police and federal agents to get a warrant before using a StingRay. They must show probable cause for one of the thousands of phones that they are actually searching. This is far from enough.

Additionally, there are many concerns that agents are withholding information from federal judges to monitor subjects without approval – bypassing the probable cause standard laid out in the Constitution. They even go as far as to let criminals go to avoid disclosing information about these devices to the courts.

If the public doesn’t become aware of this issue, the police will continue to use StingRays to infringe on our rights in secret and with impunity.

Olivia Donaldson

Olivia Donaldson

Olivia Donaldson is a recent high school graduate that is currently opting out of college and participating in an entrepreneurial program called Praxis.

This article was originally published on FEE.org. Read the original article.

Editorial note: If you’d like to read about the current use of StingRays by the Trump administration, we ran an article on the subject back in May.

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Trump Quietly Nominates Mass Surveillance Advocate To “Protect” Your Privacy Rights

By Carey Wedler. Published 9-1-2017 by The Anti-Media

 

Though outrage over mass surveillance swept the United States after Edward Snowden’s revelations in 2013, there is little discussion of these invasive practices just four years later

This apathy comes despite former President Barack Obama’s move to expand to information sharing between agencies just days before Trump took office and after the Trump administration signaled its desire to continue widespread surveillance.

Amid this lack of attention toward the NSA, the president recently nominated a staunch advocate of mass surveillance to chair one of the few barriers standing between intrusive government spying and the American people’s privacy. The Privacy and Civil Liberties Oversight Board (PCLOB) was created in 2004 at the recommendation of the 9/11 Commission and was intended “to help the executive branch balance national security priorities with individual rights,” the Intercept reported earlier this year. Continue reading

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DOJ Docs Raise Questions About Gorsuch’s Views on Torture and Executive Power

Americans should be “deeply concerned that this nominee won’t be a meaningful check on Donald Trump’s illegal and unconstitutional agenda”

By Deirdre Fulton, staff writer for Common Dreams. Published 3-16-2017

Photo: Screenshot

With just days until Supreme Court nominee Neil Gorsuch’s confirmation hearing before the Senate Judiciary Committee, a new trove of documents is raising additional questions about the federal judge’s time at the Department of Justice (DOJ), where he “played a key role in defending the torture and detention policies that have been rejected by the courts and by our country,” according to one group.

From June 2005 to August 2006, Gorsuch served as the principal deputy to the associate attorney general under former President George W. Bush. Continue reading

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