Civil Liberties News Articles

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A sheaf of documents that a federal court forced the Treasury Department to release indicate there have been repeated complaints from American consumers who have been falsely linked to terrorism or drug trafficking during routine credit checks, the organization that sought the documents in a lawsuit said Tuesday. The more than 100 pages of documents released Monday to the organization, the Lawyers’ Committee for Civil Rights in San Francisco, include a variety of complaints about the list maintained by the Office of Foreign Asset Control in the Treasury Department, said Philip Hwang, a lawyer for the group. The released documents include e-mail messages and letters from consumers who have been denied cars or home loans or faced difficulties with other financial transactions because their names allegedly appear on the list. Financial institutions are supposed to check clients’ names against the list, which is known officially as the Specially Designated Nationals List. A Federal District Court judge in San Francisco last month ordered the Treasury Department to release all the complaints after a Freedom of Information Act request, Mr. Hwang said. He said his organization believed that what they received was only a small fraction of the complaints filed. Among other indications, he said, was that Henry Paulson Jr., the Treasury secretary, said in Congressional testimony last year that his department fielded up to 90,000 telephone complaints about the list over one year. Mr. Hwang said most consumers discovered the problem only when they asked for a credit report and were shocked to find a notation on it associating them with terrorists or drug traffickers.

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Several thousand law enforcement agencies are creating the foundation of a domestic intelligence system through computer networks that analyze vast amounts of police information. As federal authorities struggled to meet information-sharing mandates after the Sept. 11, 2001 terrorist attacks, police agencies from Alaska and California to the Washington region poured millions of ... records into shared digital repositories called data warehouses, giving investigators and analysts new power to discern links among people, patterns of behavior and other hidden clues. Those network efforts will begin expanding further this month, as some local and state agencies connect to a fledgling Justice Department system called the National Data Exchange, or N-DEx. The expanding police systems illustrate the prominent roles that private companies play in homeland security and counterterrorism efforts. They also underscore how the use of new data -- and data surveillance -- is evolving faster than the public's understanding or the laws intended to check government power and protect civil liberties. Three decades ago, Congress imposed limits on domestic intelligence activity after revelations that the FBI, Army, local police and others had misused their authority for years to build troves of personal dossiers and monitor political activists and other law-abiding Americans. Since those reforms, police and federal authorities have observed a wall between law enforcement information-gathering, relating to crimes and prosecutions, and more open-ended intelligence that relates to national security and [politics]. That wall is fast eroding following the passage of laws expanding surveillance authorities, the push for information-sharing networks, and the expectation that local and state police will play larger roles.

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The Electronic Frontier Foundation and Asian Law Caucus, two civil liberties groups in San Francisco, [have filed] a lawsuit to force the government to disclose its policies on border searches, including which rules govern the seizing and copying of the contents of electronic devices. They also want to know the boundaries for asking travelers about their political views, religious practices and other activities potentially protected by the First Amendment. The lawsuit was inspired by two dozen cases, 15 of which involved searches of cellphones, laptops, MP3 players and other electronics. Almost all involved travelers of Muslim, Middle Eastern or South Asian background. "It's one thing to say it's reasonable for government agents to open your luggage," said David D. Cole, a law professor at Georgetown University. "It's another thing to say it's reasonable for them to read your mind and everything you have thought over the last year. What a laptop records is as personal as a diary but much more extensive. It records every Web site you have searched. Every e-mail you have sent. It's as if you're crossing the border with your home in your suitcase." Mark Rasch, a technology security expert with FTI Consulting and a former federal prosecutor, [said] "Your kid can be arrested because they can't prove the songs they downloaded to their iPod were legally downloaded," he said. "Lawyers run the risk of exposing sensitive information about their client. Trade secrets can be exposed to customs agents with no limit on what they can do with it. Journalists can expose sources, all because they have the audacity to cross an invisible line."

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A little-remarked feature of pending legislation on domestic surveillance has provoked alarm among university and public librarians who say it could allow federal intelligence-gathering on library patrons without sufficient court oversight. Draft House and Senate bills would allow the government to compel any "communications service provider" to provide access to e-mails and other electronic information within the United States. The Justice Department has previously said that "providers" may include libraries, causing three major university and library groups to worry that the government's ability to monitor people targeted for surveillance without a warrant would chill students' and faculty members' online research activities. "It is fundamental that when a user enters the library, physically or electronically," said Jim Neal, the head librarian at Columbia University, "their use of the collections, print or electronic, their communications on library servers and computers, is not going to be subjected to surveillance unless the courts have authorized it." The librarians said their concern about such monitoring is rooted in recent history. In the summer of 2005, FBI agents handed an administrative subpoena called a national security letter (NSL) to a Connecticut librarian, and demanded subscriber, billing and other information on patrons who used a specific computer at a branch library. NSLs can be approved by certain FBI agents without court approval. The agents ordered the librarian to keep the demand secret. But he refused to produce the records, and his employer filed suit, challenging the gag order. A federal judge in September 2005 declared the gag order unconstitutional. The Association of Research Libraries, ... the American Library Association ... and the Association of American Universities ... each say they seek to amend the draft bills to make clear that the term "communications provider" does not include libraries.

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Two new questions arise, courtesy of the latest advancement in cellphone technology: Do you want your friends, family, or colleagues to know where you are at any given time? And do you want to know where they are? Obvious benefits come to mind. Parents can take advantage of the Global Positioning System chips embedded in many cellphones to track the whereabouts of their phone-toting children. And for teenagers and 20-somethings, who are fond of sharing their comings and goings on the Internet, youth-oriented services like Loopt and Buddy Beacon are a natural next step. But ... if G.P.S. [makes] it harder to get lost, new cellphone services are now making it harder to hide. “There are massive changes going on in society, particularly among young people who feel comfortable sharing information in a digital society,” said Kevin Bankston, a staff lawyer at the Electronic Frontier Foundation. “We seem to be getting into a period where people are closely watching each other,” he said. “There are privacy risks we haven’t begun to grapple with.” What if a boss asks an employee to use the service? Almost 55 percent of all mobile phones sold today in the United States have the technology that makes such friend- and family-tracking services possible. Consumers can turn off their service, making them invisible to people in their social-mapping network. Still, the G.P.S. service embedded in the phone means that your whereabouts are not a complete mystery. “There is a Big Brother component,” said Charles S. Golvin, a wireless analyst. “The thinking goes that if my friends can find me, the telephone company knows my location all the time, too.”

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The U.S. government is collecting electronic records on the travel habits of millions of Americans who fly, drive or take cruises abroad, retaining data on the persons with whom they travel or plan to stay, the personal items they carry during their journeys, and even the books that travelers have carried, according to documents obtained by a group of civil liberties advocates and statements by government officials. The personal travel records are meant to be stored for as long as 15 years, [by] the Department of Homeland Security's ... Automated Targeting System. But new details about the information being retained suggest that the government is monitoring the personal habits of travelers more closely than it has previously acknowledged. The details were learned when a group of activists requested copies of official records on their own travel. Those records included a description of a book on marijuana that one of them carried and small flashlights bearing the symbol of a marijuana leaf. Civil liberties advocates have alleged that the type of information preserved by the department raises alarms about the government's ability to intrude into the lives of ordinary people. The millions of travelers whose records are kept by the government are generally unaware of what their records say, and the government has not created an effective mechanism for reviewing the data and correcting any errors, activists said. The activists alleged that the data collection effort, as carried out now, violates the Privacy Act, which bars the gathering of data related to Americans' exercise of their First Amendment rights, such as their choice of reading material or persons with whom to associate. They also expressed concern that such personal data could one day be used to impede their right to travel.

If you have a passport, now is the time to renew it -- even if it's not set to expire anytime soon. In many countries, including the United States, passports will soon be equipped with RFID chips. And you don't want one of these chips in your passport. RFID stands for "radio-frequency identification." Passports with RFID chips store an electronic copy of the passport information: your name, a digitized picture, etc. And in the future, the chip might store fingerprints or digital visas from various countries. By itself, this is no problem. But RFID chips don't have to be plugged in to a reader to operate. Like the chips used for automatic toll collection on roads or automatic fare collection on subways, these chips operate via proximity. The risk to you is the possibility of surreptitious access: Your passport information might be read without your knowledge or consent by a government trying to track your movements, a criminal trying to steal your identity or someone just curious about your citizenship. Security mechanisms are also vulnerable, and several security researchers have already discovered flaws. One found that he could identify individual chips via unique characteristics of the radio transmissions. Another successfully cloned a chip. The Colorado passport office is already issuing RFID passports, and the State Department expects all U.S. passport offices to be doing so by the end of the year. Many other countries are in the process of changing over. So get a passport before it's too late.

Note: For lots of reliable, verifiable information on microchip implants: www.WantToKnow.info/microchipimplants

The chairman of the House Homeland Security Committee urged the Bush administration on Sunday to seek criminal charges against newspapers that reported on a secret financial-monitoring program used to trace terrorists. Rep. Peter King cited The New York Times in particular for publishing a story last week that the Treasury Department was working with the CIA to examine messages within a massive international database of money-transfer records. "We're at war, and for the Times to release information about secret operations and methods is treasonous," King told The Associated Press. When the paper chose to publish the story, it quoted the executive editor, Bill Keller, as saying editors had listened closely to the government's arguments for withholding the information, but "remain convinced that the administration's extraordinary access to this vast repository of international financial data...is a matter of public interest." After the attacks of Sept. 11, 2001, Treasury officials obtained access to a vast database [which] handles financial message traffic from thousands of financial institutions in more than 200 countries. Gonzales said last month that he believes journalists can be prosecuted for publishing classified information, citing an obligation to national security. He also said the government would not hesitate to track telephone calls made by reporters as part of a criminal leak investigation. He said the First Amendment right of a free press should not be absolute when it comes to national security.

Note: The top secret Pentagon Papers released by the New York Times in 1971 were pivotal in exposing the manipulations of the military-industrial complex with regards to the Vietnam War. National security was invoked to try to stop their publication. National security is being used and abused now to keep these same manipulations from being exposed. For a powerful two-page summary written by a highly decorated U.S. general on abuse of national security, see http://www.WantToKnow.info/warcoverup

With a wave of his hand, Amal Graafstra, a 29-year-old entrepreneur based in Vancouver, Canada, opens his front door. With another, he logs onto his computer. Tiny radio frequency identification (RFID) computer chips inserted into Graafstra's hands make it all possible. The computer chips, which cost about $2, interact with a device installed in computers and other electronics. The chips are activated when they come within 3 inches of a so-called reader, which scans the data on the chips. The "reader" devices are available for as little as $50. Graafstra said at least 20 of his tech-savvy pals have RFID implants. "I can't feel it at all. It doesn't impede me. It doesn't hurt at all. I almost can't tell it's there," agreed Jennifer Tomblin, a 23-year-old marketing student and Graafstra's girlfriend. Mikey Sklar, a 28-year-old Brooklyn resident, said, "It does give you some sort of power of 'Abracadabra,' of making doors open and passwords enter just by a wave of your hand." The RFID chip in Sklar's hand, which is smaller than a grain of rice and can last up to 100 years, was injected by a surgeon in Los Angeles.

The Government is creating a system of "mass public surveillance" capable of tracking every adult in Britain without their consent, MPs say. They warn that people who have never committed a crime can be "electronically monitored" without their knowledge. Biometric facial scans, which will be compulsory with ID cards, are to be put on a national database which can then be matched with images from CCTV. The database of faces will enable police and security services to track individuals regardless of whether they have broken the law. CCTV surveillance footage from streets, shops and even shopping centres could be cross-referenced with photographs of every adult in the UK once the ID cards Bill becomes law. Biometric facial scans, iris scans and fingerprints of all adults in the UK will be stored on a national database. Civil liberties groups say the plans are a "dangerous" threat to people's privacy. Mark Oaten, the Liberal Democrat home affairs spokesman, said the plans were being brought in by the Government without informing the public.

Looking for signs of "stress, fear and deception" among the hundreds of passengers shuffling past him at Orlando International Airport one day last month, security screener Edgar Medina immediately focused on four casually dressed men trying to catch a flight to Minneapolis. One of the men, in particular, was giving obvious signs of trying to hide something, Medina said. After obtaining the passengers' ID cards and boarding passes, the Transportation Security Administration officer quickly determined the men were illegal immigrants traveling with fake Florida driver's licenses. They were detained. The otherwise mundane arrests Aug. 13 illustrated an increasingly popular tactic in the government's effort to fight terrorism: detecting lawbreakers or potential terrorists by their behavior. The TSA has embraced the strategy, training 600 of its screeners ... in detection techniques. The TSA's teams are the most publicly acknowledged effort by the government or the private sector to come up with strategies and technology to detect lawbreakers or terrorists before they commit a crime. Other technologies under development or being deployed include machines that detect stress in voices and software that scans video images to match the faces of passengers with those of known terrorists. The government is testing other technology that can see through clothing with ... electromagnetic waves. TSA's growing reliance on detecting behavior and the close study of passengers' expressions concerns civil liberties groups and members of Congress. "The problem is behavioral characteristics will be found where you look for them," said John Reinstein, legal director of the American Civil Liberties Union of Massachusetts.

Across the country, police are using GPS devices to snare [criminal suspects], often without a warrant or court order. Privacy advocates said tracking suspects electronically constitutes illegal search and seizure, violating Fourth Amendment rights of protection against unreasonable searches and seizures, and is another step toward George Orwell's Big Brother society. With the ... ever-declining cost of the technology, many analysts believe that police will increasingly rely on GPS ... and that the public will hear little about it. "I've seen them in cases from New York City to small towns -- whoever can afford to get the equipment and plant it on a car," said John Wesley Hall, president of the National Association of Criminal Defense Lawyers. "And of course, it's easy to do. You can sneak up on a car and plant it at any time." Details on how police use GPS usually become public when the use of the device is challenged in court. Leibig said GPS should be held to a different standard because it provides greater detail. "While it may be true that police can conduct surveillance of people on a public street without violating their rights, tracking a person everywhere they go and keeping a computer record of it for days and days without that person knowing is a completely different type of intrusion," he said. Barry Steinhardt, director of the American Civil Liberties Union's technology and liberty program, considers GPS monitoring, along with license plate readers, toll transponders and video cameras with face-recognition technology, part of the same trend toward "an always-on, surveillance society."

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Only a tiny fraction of Americans – 7 percent, according to a recent survey by The Ponemon Institute – change any behaviors in an effort to preserve their privacy. Few people turn down a discount at toll booths to avoid using the EZ-Pass system that can track automobile movements. And few turn down supermarket loyalty cards. Privacy will remain in the headlines in the months to come, as states implement the federal government’s Real ID Act, which will effectively create a national identification program by requiring new high-tech standards for driver’s licenses and ID cards. The “right to be left alone” is a decidedly conservative -- even Libertarian -- principle. People are now well aware there are video cameras and Internet cookies everywhere, [yet] there is abundant evidence that people live their lives ignorant of the monitoring. People write e-mails and type instant messages they never expect anyone to see. Just ask Mark Foley or even Bill Gates, whose e-mails were a cornerstone of the Justice Department’s antitrust case against Microsoft. It is also impossible to deny that Americans are now being watched more than at any time in history. But there is another point in the discussion about which there is little disagreement: The debate over how much privacy we are willing to give up never occurred.

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