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In more than a dozen classified rulings, the nation’s surveillance court has created a secret body of law giving the National Security Agency the power to amass vast collections of data on Americans. The rulings, some nearly 100 pages long, reveal that the court has taken on a much more expansive role by regularly assessing broad constitutional questions and establishing important judicial precedents, with almost no public scrutiny. The 11-member Foreign Intelligence Surveillance Court, known as the FISA court, was once mostly focused on approving case-by-case wiretapping orders. But since major changes in legislation and greater judicial oversight of intelligence operations were instituted six years ago, it has quietly become almost a parallel Supreme Court, serving as the ultimate arbiter on surveillance issues and delivering opinions that will most likely shape intelligence practices for years to come. In one of the court’s most important decisions, the judges have expanded the use in terrorism cases of a legal principle known as the “special needs” doctrine and carved out an exception to the Fourth Amendment’s requirement of a warrant for searches and seizures. Unlike the Supreme Court, the FISA court hears from only one side in the case — the government — and its findings are almost never made public.
Note: For more on government secrecy, see the deeply revealing reports from reliable major media sources available here.
Leslie James Pickering noticed something odd in his mail last September: a handwritten card, apparently delivered by mistake, with instructions for postal workers to pay special attention to the letters and packages sent to his home. “Show all mail to supv” — supervisor — “for copying prior to going out on the street,” read the card. It included Mr. Pickering’s name, address and the type of mail that needed to be monitored. The word “confidential” was highlighted in green. “It was a bit of a shock to see it,” said Mr. Pickering, who with his wife owns a small bookstore in Buffalo. More than a decade ago, he was a spokesman for the Earth Liberation Front, a radical environmental group labeled eco-terrorists by the Federal Bureau of Investigation. As the world focuses on the high-tech spying of the National Security Agency, the misplaced card offers a rare glimpse inside the seemingly low-tech but prevalent snooping of the United States Postal Service. Mr. Pickering was targeted by a longtime surveillance system called mail covers, a forerunner of a vastly more expansive effort, the Mail Isolation Control and Tracking program, in which Postal Service computers photograph the exterior of every piece of paper mail that is processed in the United States — about 160 billion pieces last year. It is not known how long the government saves the images. The Mail Isolation Control and Tracking program was created after the anthrax attacks in late 2001. It enables the Postal Service to retrace the path of mail at the request of law enforcement. No one disputes that it is sweeping.
Note: The exposure by whistleblower Edward Snowden of the NSA's massive domestic and global spying operations seems to have triggered a series of other revelations about surveillance of the US population, like this report on the US Postal Service's photographing all mail. Hardly a week goes by without another major revelation, such as a new digital photo-ID database utilized by the FBI and police forces, and the development by US police of a national DNA database on all "potential suspects". Since very few US citizens are terrorists, what is the real purpose behind this total surveillance?
Russ Tice, a former intelligence analyst and Bush-era NSA whistleblower, claimed Wednesday that the intelligence community has ordered surveillance on a wide range of groups and individuals, including high-ranking military officials, lawmakers and diplomats. “They went after – and I know this because I had my hands literally on the paperwork for these sort of things – they went after high-ranking military officers. They went after members of Congress, both Senate and the House, especially on the intelligence committees and on the armed services committees," [said] Tice. “But they went after other ones, too. They went after lawyers and law firms. They went after judges. One of the judges is now sitting on the Supreme Court. Two are former FISA court judges. They went after State Department officials. They went after people in the executive service that were part of the White House.” Then Tice dropped the bombshell about Obama. "In summer of 2004, one of the papers that I held in my hand was to wiretap a bunch of numbers associated with a 40-something-year-old wannabe senator for Illinois ... that’s the president of the United States now.” FBI whistleblower Sibel Edmonds and Tice agreed that such wide-ranging surveillance of officials could provide the intelligence agencies with unthinkable power to blackmail their opponents. “I was worried that the intelligence community now has sway over what is going on,” Tice said. Tice first blew the whistle on ... domestic spying across multiple agencies in 2005.
Note: Listen to Tice's shocking revelations in this interview. For more along these lines, see concise summaries of deeply revealing news articles about corruption in government and throughout intelligence agencies.
Lawyers and intelligence experts with direct knowledge of two intercepted terrorist plots that the Obama administration says confirm the value of the NSA's vast data-mining activities have questioned whether the surveillance sweeps played a significant role, if any, in foiling the attacks. The defence of the controversial data collection operations ... has been led by Dianne Feinstein, chairwoman of the Senate intelligence committee, and her equivalent in the House, Mike Rogers. The two politicians have attempted to justify the NSA's use of vast data sweeps such as Prism and Boundless Informant by pointing to the arrests and convictions of would-be New York subway bomber Najibullah Zazi in 2009 and David Headley, who is serving a 35-year prison sentence for his role in the 2008 Mumbai attacks. But court documents lodged in the US and UK, as well as interviews with involved parties, suggest that data-mining through Prism and other NSA programmes played a relatively minor role in the interception of the two plots. Conventional surveillance techniques, in both cases including old-fashioned tip-offs from intelligence services in Britain, appear to have initiated the investigations. The Headley case is a peculiar choice for the administration to highlight as an example of the virtues of data-mining. The fact that the Mumbai attacks occurred, with such devastating effect, in itself suggests that the NSA's secret programmes were limited in their value as he was captured only after the event. Headley ... had been an informant working for the Drug Enforcement Administration perhaps as recently as 2005. There are suggestions that he might have then worked in some capacity for the FBI or CIA.
Note: For deeply revealing reports from reliable major media sources on the realities of intelligence agency activity, click here.
In 1982, long before most Americans ever had to think about warrantless eavesdropping, the journalist James Bamford published “The Puzzle Palace: A Report on N.S.A., America’s Most Secret Agency,” the first book to be written about the National Security Agency. In the book, Bamford describes the agency as “free of legal restrictions” while wielding “technological capabilities for eavesdropping beyond imagination.” He concludes with an ominous warning: “Like an ever-widening sinkhole, N.S.A.’s surveillance technology will continue to expand, quietly pulling in more and more communications and gradually eliminating more and more privacy.” Three decades later, this pronouncement feels uncomfortably prescient: we were warned. Incredibly enough, the Department of Justice, under Jimmy Carter, complied with Bamford’s Freedom of Information Act requests, supplying him with secret documents related to the Church Committee, the Senate group that, in 1975, investigated American intelligence agencies for potential transgression of their mandates. That the government would hand over sensitive information to Bamford predictably infuriated the N.S.A.; Reagan Administration lawyers tried to bully Bamford into ceding his goods, threatening him with the Espionage Act, while the N.S.A. attempted to sequester the documents he’d uncovered. But because he was a lawyer, Bamford knew that he had done nothing wrong.
Note: As a producer for ABC News, Bamford was also the one who obtained startling declassified documents showing that the top Pentagon generals signed off on plans in the early 1960s to blow up a US ship in the Havana harbor or incite violent terrorism in US cities and blame it on Cuba. Strangely, ABC's article "U.S. Military Wanted to Provoke War With Cuba" was the only media report on this incredibly revealing document release. For more along these lines, see concise summaries of revealing news articles on intelligence agency corruption and the disappearance of privacy.
The Guardian [has] released a classified court order requiring Verizon to turn over records of all domestic phone calls to the National Security Agency. The revelation has led to a renewed debate over the legality and policy merits of indiscriminate government surveillance of Americans. The court order, issued by the secret Foreign Intelligence Surveillance court, only sought metadata — a fancy word for information like what numbers you called, what time you made the calls, and how long the calls were. The order does not seek the audio of calls. Of course, it’s possible the NSA has other programs collecting the contents of calls. In 2006 a whistleblower reported the existence of a secret, NSA-controlled room in an AT&T switching facility in San Francisco. So it’s possible the NSA is using rooms like that to listen to everyone’s phone calls. But all we know for sure is that the NSA has been requesting information about our phone calls. We only have proof of spying on Verizon customers, but it’s hard to imagine the NSA limiting its surveillance program to one company. There are probably similar orders in effect for AT&T and CenturyLink, the other major telephone companies. The order includes hints that the NSA is also collecting information from cellular customers. In addition to phone numbers and call times, the order seeks information about the specific cell phone tower the customer used to connect to the network during each call. Cellphones make calls using the closest tower. So if the NSA knows you made a call using a specific tower, they can safely assume you were near that tower at the time of the call.
Note: For graphs and lots more on the Prism program, see the Guardian article at this link. Technically, U.S. officials are not allowed to mine personal data from U.S. citizens. Yet if U.K. authorities mine data on U.S. citizens, they can share it freely with officials in the U.S. and vice versa. There is evidence that this happens quite frequently, thus circumventing privacy protections. For an excellent article which goes deep into this issue, click here.
The Justice Department secretly obtained two months of telephone records of reporters and editors for The Associated Press in what the news cooperative's top executive called a "massive and unprecedented intrusion" into how news organizations gather the news. The records obtained by the Justice Department listed outgoing calls for the work and personal phone numbers of individual reporters, for general AP office numbers in New York, Washington and Hartford, Conn., and for the main number for the AP in the House of Representatives press gallery. In all, the government seized the records for more than 20 separate telephone lines assigned to AP and its journalists in April and May of 2012. The government would not say why it sought the records. Officials have previously said in public testimony that the U.S. attorney in Washington is conducting a criminal investigation into who may have provided information contained in a May 7, 2012, AP story about a foiled terror plot. The story disclosed details of a CIA operation in Yemen that stopped an al-Qaida plot in the spring of 2012 to detonate a bomb on an airplane bound for the United States. Prosecutors have sought phone records from reporters before, but the seizure of records from such a wide array of AP offices, including general AP switchboards numbers and an office-wide shared fax line, is unusual.
Note: For deeply revealing reports from reliable major media sources on government corruption, click here.
The Obama administration is drawing up plans to give all U.S. spy agencies full access to a massive database that contains financial data on American citizens and others who bank in the country, according to a Treasury Department document. The proposed plan represents a major step by U.S. intelligence agencies to spot and track down [targeted persons] by bringing together financial databanks, criminal records and military intelligence. Financial institutions that operate in the United States are required by law to file reports of "suspicious customer activity," such as large money transfers or unusually structured bank accounts, to Treasury's Financial Crimes Enforcement Network (FinCEN). The Federal Bureau of Investigation already has full access to the database. However, intelligence agencies, such as the Central Intelligence Agency and the National Security Agency, currently have to make case-by-case requests for information to FinCEN. The Treasury plan would give spy agencies the ability to analyze more raw financial data than they have ever had before. Financial institutions file more than 15 million "suspicious activity reports" every year, according to Treasury. Banks, for instance, are required to report all personal cash transactions exceeding $10,000.
Note: For deeply revealing reports from reliable major media sources on the games intelligence agencies play, click here.
Are unmanned aircraft, known to have difficulty avoiding collisions, safe to use in America's crowded airspace? And would their widespread use for surveillance result in unconstitutional invasions of privacy? Experts say neither question has been answered satisfactorily. Yet the federal government is rushing to open America's skies to tens of thousands of the drones - pushed to do so by a law championed by manufacturers of the unmanned aircraft. The 60-member House of Representatives' "drone caucus" - officially, the House Unmanned Systems Caucus - has helped push that agenda. And over the last four years, caucus members have drawn nearly $8 million in drone-related campaign contributions. Domestic use of drones began with limited aerial patrols of the nation's borders by Customs and Border Patrol authorities. But the industry and its allies pushed for more, leading to provisions in the FAA Modernization and Reform Act, signed into law on Feb. 14 of this year. The law requires the FAA to fully integrate the unmanned aerial vehicles into national airspace by September 2015. The FAA has predicted that 30,000 drones could be flying in the United States in less than 20 years. House members from California, Texas, Virginia and New York on the bipartisan "drone caucus" received the lion's share of the funds channeled to lawmakers from dozens of firms that are members of the Association for Unmanned Vehicle Systems International.
Note: For deeply revealing reports from reliable major media sources on drone killings and other war crimes committed by the US in its wars of aggression in the Middle East, Asia and Africa, click here.
The Petraeus scandal is receiving intense media scrutiny. Several of the emerging revelations are genuinely valuable, particularly those involving the conduct of the FBI and the reach of the US surveillance state. The FBI investigation began when Jill Kelley - a Tampa socialite friendly with Petraeus (and apparently very friendly with Gen. John Allen, the four-star U.S. commander of the war in Afghanistan) - received a half-dozen or so anonymous emails that she found vaguely threatening. She then informed a friend of hers who was an FBI agent, and a major FBI investigation was then launched that set out to determine the identity of the anonymous emailer. What is most striking is how sweeping, probing and invasive the FBI's investigation then became, all without any evidence of any actual crime - or the need for any search warrant. The FBI traced all of [Paula] Broadwell's physical locations, learned of all the accounts she uses, ended up reading all of her emails, investigated the identity of her anonymous lover (who turned out to be Petraeus), and then possibly read his emails as well. They also discovered "alleged inappropriate communication" to Kelley from Gen. Allen, who is not only the top commander in Afghanistan but was also just nominated by President Obama to be the Commander of US European Command and Supreme Allied Commander Europe (a nomination now "on hold"). This is a surveillance state run amok. It also highlights how any remnants of internet anonymity have been all but obliterated by the union between the state and technology companies.
Note: For deeply revealing reports from reliable major media sources on government surveillance, click here.
Rented computers from seven different companies secretly took photographs of their users, US authorities have said. The companies used software made by US company Designerware which could track key strokes and other personal data. The software, called PC Rental Agent, captured people engaging in "intimate acts", including sex. It is believed that PC Rental Agent has been installed in approximately 420,000 computers worldwide. The Federal Trade Commission ruling concerned a feature in the software, called Detective Mode, which would typically become activated if the user was late in returning equipment, or failed to pay for use. Detective Mode would assist the rental store in locating the overdue computer in order to pursue its return. Part of the process involved a pop-up window designed to look like a software registration screen. It would request personal information such as email addresses and telephone numbers that could then be used to pursue the users for payment and/or the return of equipment. In addition, the FTC said the software had access to much more sensitive information, including: usernames and passwords for email accounts, social media websites, and financial institutions. Among the other data collected were social security numbers; medical records; private emails to doctors; bank and credit card statements. Webcam pictures of children, partially undressed individuals, and intimate activities at home were also found. In the FTC's formal complaint document, it said the software had captured "couples engaged in sexual activities".
Note: Do you think other companies or intelligence agencies might be conducting similar monitoring? For more on this, click here.
Last week, New York Mayor Michael Bloomberg joined NYPD Commissioner Ray Kelly to unveil a major new police surveillance infrastructure, developed by Microsoft. The Domain Awareness System links existing police databases with live video feeds, including cameras using vehicle license plate recognition software. No mention was made of whether the system plans to use – or already uses – facial recognition software. But, at present, there is no law to prevent US government and law enforcement agencies from building facial recognition databases. And we know from industry newsletters that the US military, law enforcement, and the department of homeland security are betting heavily on facial recognition technology. As PC World notes, Facebook itself is a market leader in the technology – but military and security agencies are close behind. According to Homeland Security Newswire, billions of dollars are being invested in the development and manufacture of various biometric technologies capable of detecting and identifying anyone, anywhere in the world – via iris-scanning systems, already in use; foot-scanning technology (really); voice pattern ID software, and so on. What is very obvious is that this technology will not be applied merely to people under arrest, or to people under surveillance in accordance with the fourth amendment. No, the "targets" here [include] everyone. In the name of "national security", the capacity is being built to identify, track and document any citizen constantly and continuously.
Note: For deeply revealing reports from reliable major media sources on civil liberties, click here.
When two senators warned that the Patriot Act is being interpreted in a secret way that would alarm Americans if they knew the details, civil liberties activists could only speculate about what they meant. The activists' fear: that the government is using the anti-terrorism law to collect vast troves of personal information, including cellphone records, on Americans who have no link to terrorism. Sens. Ron Wyden of Oregon and Mark Udall of Colorado, both Democrats, proclaimed that the Patriot Act's surveillance powers are being used far more expansively than most Americans realize. "Today the American people do not know how their government interprets the language of the Patriot Act," Wyden said. "Someday they are going to find out, and a lot of them are going to be stunned. Some of them will undoubtedly ask their senators: 'Did you know what this law actually did? Why didn't you know? Wasn't it your job to know, before you voted on it?'" The warnings by two lawmakers with access to secret information underscore the extent to which government surveillance is shielded from view, in an age when nearly every American leaves a digital trail through the Internet and mobile devices. A clue about Wyden's concerns may be found in a separate bill he is proposing, to forbid the government from tracking, without a court order, the location of Americans through the GPS signals given out by their cellphones.
Note: For key reports from major media sources on government surveillance and other threats to privacy and civil liberties, click here and here.
Weeks after generating an uproar for the aggressive screening of a six-year-old child in New Orleans, the TSA is again facing criticism for an enhanced pat-down. Former Miss USA Susie Castillo says she was "molested" by a TSA screener at Dallas/Fort Worth International Airport after declining to go through a body scanner due to radiation concerns. According to a detailed account from the Dallas Morning News, Castillo wrote "My private area was grazed four times!" on a complaint card after the screening. Castillo immediately shot a tearful video recounting the episode more explicitly and posted it on YouTube. The Boston Herald quotes from the video: "That's why I'm crying, that's why I'm so upset. They're making me choose to either get molested, because that's what I feel like, or go through this machine that's completely unhealthy and dangerous." TSA spokesman Luis Casanova defended the screening procedure. "Everything [the screener] did was according to protocol," Casanova said.
Note: For key articles on increasing reductions of civil liberties by governments, click here.
Security researchers have discovered that Apple's iPhone keeps track of where you go – and saves every detail of it to a secret file on the device which is then copied to the owner's computer when the two are synchronised. The file contains the latitude and longitude of the phone's recorded coordinates along with a timestamp, meaning that anyone who stole the phone or the computer could discover details about the owner's movements using a simple program. For some phones, there could be almost a year's worth of data stored, as the recording of data seems to have started with Apple's iOS 4 update to the phone's operating system, released in June 2010. "Apple has made it possible for almost anybody – a jealous spouse, a private detective – with access to your phone or computer to get detailed information about where you've been," said Pete Warden, one of the researchers. Only the iPhone records the user's location in this way, say Warden and Alasdair Allan, the data scientists who discovered the file and are presenting their findings at the Where 2.0 conference in San Francisco on [April 20]. "Alasdair has looked for similar tracking code in [Google's] Android phones and couldn't find any," said Warden.
Note: For key reports from reliable sources on threats to privacy, click here.
The US military is developing software that will let it secretly manipulate social media sites by using fake online personas to influence internet conversations and spread pro-American propaganda. A Californian corporation has been awarded a contract with United States Central Command (Centcom), which oversees US armed operations in the Middle East and Central Asia, to develop what is described as an "online persona management service" that will allow one US serviceman or woman to control up to 10 separate identities based all over the world. Critics are likely to complain that it will allow the US military to create a false consensus in online conversations, crowd out unwelcome opinions and smother commentaries or reports that do not correspond with its own objectives. The discovery that the US military is developing false online personalities – known to users of social media as "sock puppets" – could also encourage other governments, private companies and non-government organisations to do the same. Once developed, the software could allow US service personnel, working around the clock in one location, to respond to emerging online conversations with any number of co-ordinated messages, blogposts, chatroom posts and other interventions.
Note: The Pentagon claims that the "fake persona" software will not be used on social networks in the United States, because that would break laws against using propaganda on US citizens. How much credence should be given to this assurance?
Leaked U.S. diplomatic cables appear to show that the United States has been snooping on NATO's top official using secret sources on his own staff. Confidential cables from the U.S. mission to NATO released [on February 11] by WikiLeaks, ... said American diplomats received information on the private conversations of Secretary-General Anders Fogh Rasmussen from "a member of the NATO international staff." Instead of the staffer's name, the phrase "strictly protect" was inserted in a cable dated Sept. 10, 2009. The cable dealt with Fogh Rasmussen's proposal to improve ties with Russia by establishing contacts with the Collective Security Treaty Organization, a Russia-dominated security alliance. The cable was signed off by U.S. ambassador Ivo Daalder. There has been no known [previous] case in the past of a nation spying on the secretary-general.
Nine years after the terrorist attacks of 2001, the United States is assembling a vast domestic intelligence apparatus to collect information about Americans, using the FBI, local police, state homeland security offices and military criminal investigators. The system, by far the largest and most technologically sophisticated in the nation's history, collects, stores and analyzes information about thousands of U.S. citizens and residents, many of whom have not been accused of any wrongdoing. The months-long investigation [by The Washington Post], based on nearly 100 interviews and 1,000 documents, found that: * Technologies and techniques honed for use on the battlefields of Iraq and Afghanistan have migrated into the hands of law enforcement agencies in America. * The FBI is building a database with the names and certain personal information, such as employment history, of thousands of U.S. citizens and residents whom a local police officer or a fellow citizen believed to be acting suspiciously. * Law enforcement agencies have hired as trainers self-described experts whose extremist views on Islam and terrorism are considered inaccurate and counterproductive by the FBI and U.S. intelligence agencies. * The Department of Homeland Security sends its state and local partners intelligence reports with little meaningful guidance, and state reports have sometimes inappropriately reported on lawful meetings.
Note: This report is part of a series, "Top Secret America," by The Washington Post. For more, click here.
Novartis AG plans to seek regulatory approval within 18 months for a pioneering tablet containing an embedded microchip, bringing the concept of "smart-pill" technology a step closer. The initial program will use one of the Swiss firm's established drugs taken by transplant patients to avoid organ rejection. But Trevor Mundel, global head of development, believes the concept can be applied to many other pills. Novartis agreed in January to spend $24 million to secure access to chip-in-a-pill technology developed by privately owned Proteus Biomedical of Redwood City, California, putting it ahead of rivals. The biotech start-up's ingestible chips are activated by stomach acid and send information to a small patch worn on the patient's skin, which can transmit data to a smartphone or send it over the Internet to a doctor. Because the tiny chips are added to existing drugs, Novartis does not expect to have to conduct full-scale clinical trials to prove the new products work. Instead, it aims to do so-called bioequivalence tests to show they are the same as the original. A bigger issue may be what checks should be put in place to protect patients' personal medical data as it is transmitted from inside their bodies by wireless and Bluetooth.
Note: It's interesting that Fox News was the only major media to pick up this revealing Reuters story. This article seriously underplays the privacy concerns raised by this new corporate strategy. For more on this, click here. For many key reports on corporate and governmental threats to privacy, click here. For more on the dangers of microchips from reliable sources, click here.
That photo of the Rev. Dr. Martin Luther King, Jr. riding one of the first desegregated buses in Montgomery, Ala.? He took it. The well-known image of black sanitation workers carrying “I Am a Man” signs in Memphis? His. He was there in Room 306 of the Lorraine Hotel, Dr. King’s room, on the night he was assassinated. But now an unsettling asterisk must be added to the legacy of Ernest C. Withers, one of the most celebrated photographers of the civil rights era: He was a paid F.B.I. informer. On [September 12], The Commercial Appeal in Memphis published the results of a two-year investigation that showed Mr. Withers, who died in 2007 at age 85, had collaborated closely with two F.B.I. agents in the 1960s to keep tabs on the civil rights movement. From at least 1968 to 1970, Mr. Withers, who was black, provided photographs, biographical information and scheduling details to two F.B.I. agents in the bureau’s Memphis domestic surveillance program, Howell Lowe and William H. Lawrence, according to numerous reports summarizing their meetings. The reports were obtained by the newspaper under the Freedom of Information Act and posted on its Web site. While he was growing close to top civil rights leaders, Mr. Withers was also meeting regularly with the F.B.I. agents, disclosing details about plans for marches and political beliefs of the leaders, even personal information like the leaders’ car tag numbers.
Note: For a fascinating CNN interview with civil rights leader and former Atlanta mayor Andrew Young on this issue, click here. For key reports from reliable sources raising unanswered questions about the assassination of Martin Luther King and other major US political leaders, click here.
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