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Edward Snowden, the whistle-blower shining spotlights on federal surveillance practices, made a rhetorical - and volatile - point during an online question-and-answer session Monday. "If Facebook, Google, Microsoft and Apple refused to provide this cooperation with the intelligence community, what do you think the government would do? Shut them down?" he asked. Snowden's point implies that tech companies should push back on all government requests for data on their users. Prosecuting these much-used companies for noncompliance would only shed light on the extent of the programs they aimed to keep secret in the first place. Whether a tech company dares go that far remains to be seen. But in the past week a number of household names in Silicon Valley have at least started demanding more freedom to disclose what the government wants to know about their users. As the tech companies associated with Snowden's leaked materials scramble to comply with government requests, they're also scrambling to save face with customers. It's still not clear what exact technical mechanism the government used to acquire information about users of Facebook, Google, Microsoft, Yahoo and Apple, among others. But it is clear that some Internet users have come to view these tech giants as proxy spies as a result of their assumed compliance. The companies say they would like nothing better than to clear their names, but they simply aren't allowed to release details about government requests.

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[Daniel] Ellsberg is one of the most outspoken critics of the Obama administration’s prosecution of leakers. Under President Obama’s tenure, the government has prosecuted six individuals for releasing classified information to media organizations. Ellsberg is particularly fierce in his support of Bradley Manning, a young soldier who released a large amount of classified information to WikiLeaks. Manning was arrested in 2010, and his military court-martial began this week. Ellsberg considers Manning a hero, and he argues that there is little difference between what Manning did in 2010 and what Ellsberg did four decades earlier. [Q.}: In a 1973 interview, you said that a “secondary objective” of releasing the Pentagon Papers was “the hope of changing the tolerance of Executive secrecy that had grown up over the last quarter of a century both in Congress and the courts and in the public at large.” How has that “tolerance of secrecy” changed over the last four decades? DE: There’s been very great tolerance that if the magic words “national security,” or the new words “homeland security” are invoked, Congress has given the president virtually a free hand in deciding what information they will know as well as the public. I wouldn’t count on the current court with its current makeup making the same ruling with the Pentagon Papers as they did 40 years ago. I’m sure that President Obama would have sought a life sentence in my case. Various things that were counted as unconstitutional then have been put in the president’s hands now. He’s become an elected monarch. Nixon’s slogan, “when the president does it, it’s not illegal,” is pretty much endorsed now.

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The case of Stephen Jin-Woo Kim, the government adviser, and James Rosen, the chief Washington correspondent for Fox News, bears striking similarities to a sweeping leaks investigation disclosed last week in which federal investigators obtained records over two months of more than 20 telephone lines assigned to the Associated Press. At a time when President Obama’s administration is under renewed scrutiny for an unprecedented number of leak investigations, the Kim case provides a rare glimpse into the inner workings of one such probe. Court documents in the Kim case reveal how deeply investigators explored the private communications of a working journalist - and raise the question of how often journalists have been investigated as closely as Rosen was in 2010. The case also raises new concerns among critics of government secrecy about the possible stifling effect of these investigations on a critical element of press freedom: the exchange of information between reporters and their sources. “The latest events show an expansion of this law enforcement technique,” said attorney Abbe Lowell, who is defending Kim on federal charges filed in 2010 that he disclosed national defense information. “Individual reporters or small time periods have turned into 20 [telephone] lines and months of records with no obvious attempt to be targeted or narrow.” The Obama administration has pursued more such cases than all previous administrations combined.

Note: Read more about the Kim case in this article. For more along these lines, see concise summaries of deeply revealing news articles on government corruption and media manipulation.

Raytheon, a Massachusetts defense contractor, has built tracking software that pulls information from social networks, according to a video obtained by the Guardian newspaper in London. "[Raytheon] has acknowledged the technology was shared with U.S. government and industry as part of a joint research and development effort, in 2010, to help build a national security system capable of analyzing 'trillions of entities' from cyberspace." Using public data from Facebook, Twitter, Gowalla and Foursquare, the software - called RIOT, or Rapid Information Overlay Technology - apparently gathers uploaded information and forms a profile of a person's every move that was registered with one of the websites. The video obtained by the newspaper starts with a demonstration by Raytheon's "principal investigator," Brian Urch, showing how easy it is to track an employee named Nick - a real person - based on all the places he has checked in using his smartphone. "When people take pictures and post them on the Internet using their smartphones, the phone will actually embed the latitude and longitude in the header data - so we're going to take advantage of that," Urch says. "So now we know where Nick's gone ... and now we'll predict where he'll be in the future." Urch goes on to analyze - using graphs and calendars - where Nick likes to spend his personal time and make predictions about his behavior. "If you ever wanted to get a hold of his laptop, you might want to visit the gym at 6 a.m. on Monday," Urch says with alarming casualness.

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The FISA Amendments Act of 2008 did much more than shield lawbreaking telecoms from all forms of legal accountability. It also legalized vast new, sweeping and almost certainly unconstitutional forms of warrantless government eavesdropping. [The] 2008 law gutted the 30-year-old FISA statute that had [barred] the government from eavesdropping on the communications of Americans without first obtaining a warrant from a court. Worst of all, the 2008 law legalized ... the NSA warrantless eavesdropping program secretly implemented by George Bush after the 9/11 attack. The 2008 FISA law provided that it would expire in four years unless renewed. Yesterday, the Senate debated its renewal. Several Senators - Democrats Jeff Merkley and Ron Wyden of Oregon along with Kentucky GOP Senator Rand Paul - each attempted to attach amendments to the law simply to provide some modest amounts of transparency and oversight to ensure that the government's warrantless eavesdropping powers were constrained and checked from abuse. The Democratic Chair of the Senate Intelligence Committee, Dianne Feinstein ... demanded renewal of the FISA law without any reforms. And then predictably, in virtually identical 37-54 votes, Feinstein and her conservative-Democratic comrades joined with virtually the entire GOP caucus ... to reject each one of the proposed amendments and thus give Obama exactly what he demanded: reform-free renewal of the law.

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With little notice and only occasional complaints, the American military and local authorities have been engaged in an ambitious effort to record biometric identifying information on a remarkable number of people in Afghanistan and Iraq, particularly men of fighting age. Information about more than 1.5 million Afghans has been put in databases operated by American, NATO and local forces. In Iraq, an even larger number of people, and a larger percentage of the population, have been registered. Data have been gathered on roughly 2.2 million Iraqis. A citizen in Afghanistan or Iraq would almost have to spend every minute in a home village and never seek government services to avoid ever crossing paths with a biometric system. What is different from traditional fingerprinting is that the government can scan through millions of digital files in a matter of seconds. While the systems are attractive to American law enforcement agencies, there is serious legal and political opposition to imposing routine collection on American citizens. Various federal, state and local law enforcement agencies have discussed biometric scanning, and many have even spent money on hand-held devices. But the proposed uses are much more limited, with questions being raised about constitutional rights of privacy and protection from warrantless searches.

Note: Many new technologies for domestic population control are developed, deployed, and tested by the US military in war theaters abroad, and then shared with police agencies in the US. For many examples see our "Non-lethal" Weapons article archive available here.

A member of parliament in Iceland who is also a former WikiLeaks volunteer says the US justice department has ordered Twitter to hand over her private messages. Birgitta Jonsdottir, an MP for the Movement in Iceland, said last night on Twitter that the "USA government wants to know about all my tweets and more since november 1st 2009. Do they realize I am a member of parliament in Iceland?" She said she was starting a legal fight to stop the US getting hold of her messages, after being told by Twitter that a subpoena had been issued. She added that the US authorities had requested personal information from Twitter as well as her private messages and that she was now assessing her legal position. "It's not just about my information. It's a warning for anyone who had anything to do with WikiLeaks. It is completely unacceptable for the US justice department to flex its muscles like this. I am lucky, I'm a representative in parliament. But what of other people? It's my duty to do whatever I can to stop this abuse."

Note: For a New York Times article with more on this, click here.

The growing use by the police of new technologies that make surveillance far easier and cheaper to conduct is raising difficult questions about the scope of constitutional privacy rights. The issue is whether the Fourth Amendment’s protection against unreasonable searches covers a device that records a suspect’s movements for weeks or months without any need for an officer to trail him. The GPS tracking dispute coincides with a burst of other technological tools that expand police monitoring abilities — including ... the widely discussed prospect of linking face-recognition computer programs to the proliferating number of surveillance cameras. Some legal scholars ... have called for a fundamental rethinking of how to apply Fourth Amendment privacy rights in the 21st century. Traditionally, courts have held that the Fourth Amendment does not cover the trailing of a suspect because people have no expectation of privacy for actions exposed to public view. On [August 12], five judges on the San Francisco appeals court dissented from a decision not to re-hear a ruling upholding the warrantless use of GPS trackers. Chief Judge Alex Kozinski characterized the tactic as “creepy and un-American” and contended that its capabilities handed “the government the power to track the movements of every one of us, every day of our lives.”

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It is just a technical matter, the Obama administration says: We just need to make a slight change in a law to make clear that we have the right to see the names of anyone’s e-mail correspondents and their Web browsing history without the messy complication of asking a judge for permission. It is far more than a technical change. The administration’s request, reported [on July 29] in The Washington Post, is an unnecessary and disappointing step backward toward more intrusive surveillance from a president who promised something very different during the 2008 campaign. To get this information, the F.B.I. simply has to ask for it in the form of a national security letter, which is an administrative request that does not require a judge’s signature. The F.B.I. used these letters hundreds of thousands of times to demand records of phone calls and other communications, and the Pentagon used them to get records from banks and consumer credit agencies. Internal investigations of both agencies found widespread misuse of the power, and little oversight into how it was wielded. President Obama campaigned for office on an explicit promise to rein in these abuses. But instead of implementing reasonable civil liberties protections, like taking requests for e-mail surveillance before a judge, the administration is proposing changes to the law that would allow huge numbers of new electronic communications to be examined with no judicial oversight.

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The FBI illegally collected more than 2,000 U.S. telephone call records between 2002 and 2006 by invoking terrorism emergencies that did not exist or simply persuading phone companies to provide records, according to internal bureau memos and interviews. FBI officials issued approvals after the fact to justify their actions. E-mails obtained by The Washington Post detail how counterterrorism officials inside FBI headquarters did not follow their own procedures that were put in place to protect civil liberties. A Justice Department inspector general's report due out this month is expected to conclude that the FBI frequently violated the law with its emergency requests. FBI officials said they thought that nearly all of the requests involved terrorism investigations. FBI general counsel Valerie Caproni said ... that the FBI technically violated the Electronic Communications Privacy Act when agents invoked nonexistent emergencies to collect records.

Note: The FBI, by admitting that "nearly all" of the phone records they obtained were related to "terrorism investigations," make it clear that some were not. But they used claims of "terrorism emergency" to obtain them. These they then assert were merely "technical" violations. For many disturbing reports from major media sources on the increasing threats to civil liberties under the pretext of the "war on terrorism," click here.

The Department of Homeland Security is finalizing a proposal to collect fingerprints or eye scans from all foreign travelers at U.S. airports as they leave the country, officials said, a costly screening program that airlines have opposed. The plan ... would collect fingerprints at airport security checkpoints, departure gates or terminal kiosks, allowing the government to track when roughly 35 million foreign visitors a year. In a concession to industry, DHS said it probably will drop plans to require airlines to pay for the bulk of the program and is looking to cut costs, which could reach $1 billion to $2 billion over a decade, largely to be paid by taxpayers or foreign travelers. In addition, the program would not operate for now at land borders, where 80 percent of noncitizens enter and leave the country, because fingerprinting travelers there could cost billions more and significantly delay commerce. Congress focused on inbound travelers after the [September 11, 2001 attacks,] appropriating $3 billion since 2003 on the US-VISIT tracking program. The program collects biological identifiers, such as fingerprints and digital photographs, from all arriving foreigners except Canadians and Mexicans with special border-crossing cards. By the time Bush administration officials unveiled a $3.5 billion program in April 2008, however, political impetus for changes had weakened.

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Shares of VeriChip Corp tripled after the company said it had been granted an exclusive license to two patents, which will help it to develop implantable virus detection systems in humans. The patents, held by VeriChip partner Receptors LLC, relate to biosensors that can detect the H1N1 and other viruses. The technology will combine with VeriChip's implantable radio frequency identification devices to develop virus triage detection systems. The triage system will provide multiple levels of identification -- the first will identify the agent as virus or non-virus, the second level will classify the virus and alert the user to the presence of pandemic threat viruses and the third level will identify the precise pathogen, VeriChip said in a white paper published May 7, 2009. Shares of VeriChip were up 186 percent.

Note: Beware of efforts to scare you into getting microchipped for your own safety. Click here for more on this. For more on pharmaceutical corporation profiteering from swine flu vaccines, click here.

The Obama administration will largely preserve Bush-era procedures allowing the government to search -- without suspicion of wrongdoing -- the contents of a traveler's laptop computer, cellphone or other electronic device. The policy, disclosed ... in a pair of Department of Homeland Security directives, describes more fully than did the Bush administration the procedures by which travelers' laptops, iPods, cameras and other digital devices can be searched and seized when they cross a U.S. border. And it sets time limits for completing searches. Representatives of civil liberties and travelers groups say they see little substantive difference between the Bush-era policy, which prompted controversy, and this one. "It's a disappointing ratification of the suspicionless search policy put in place by the Bush administration," said Catherine Crump, staff attorney for the American Civil Liberties Union. "It doesn't deal with the fundamental problem, which is that under the policy, government officials are free to search people's laptops and cellphones for any reason whatsoever." "Under the policy begun by Bush and now continued by Obama, the government can open your laptop and read your medical records, financial records, e-mails, work product and personal correspondence -- all without any suspicion of illegal activity," said Elizabeth Goitein, who leads the liberty and national security project at the nonprofit Brennan Center for Justice.

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Internet "black boxes" will be used to collect every email and web visit in the UK under the Government's plans for a giant "big brother" database, The Independent has learnt. Home Office officials have told senior figures from the internet and telecommunications industries that the "black box" technology could automatically retain and store raw data from the web before transferring it to a giant central database controlled by the Government. Plans to create a database holding information about every phone call, email and internet visit made in the UK have provoked a huge public outcry. Richard Thomas, the Information Commissioner, described it as "step too far" and the Government's own terrorism watchdog said that as a "raw idea" it was "awful". News that the Government is already preparing the ground by trying to allay the concerns of the internet industry is bound to raise suspicions about ministers' true intentions. Further details of the database emerged on Monday at a meeting of internet service providers (ISPs) in London where representatives from BT, AOL Europe, O2 and BSkyB were given a PowerPoint presentation of the issues and the technology surrounding the Government's Interception Modernisation Programme (IMP), the name given by the Home Office to the database proposal. "It was clear the 'back box' is the technology the Government will use to hold all the data. But what isn't clear is what the Home Secretary, GCHQ and the security services intend to do with all this information in the future," said a source close to the meeting.

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Hundreds of US citizens overseas have been eavesdropped on as they called friends and family back home, according to two former military intercept operators who worked at the giant National Security Agency (NSA) center in Fort Gordon, Georgia. "These were just really everyday, average, ordinary Americans who happened to be in the Middle East, in our area of intercept and happened to be making these phone calls on satellite phones," said Adrienne Kinne, a 31-year old US Army Reserves Arab linguist assigned to a special military program at the NSA's Back Hall at Fort Gordon from November 2001 to 2003. She said US military officers, American journalists and American aid workers were routinely intercepted and "collected on" as they called their offices or homes in the United States. Another intercept operator, former Navy Arab linguist, David Murfee Faulk, 39, said he and his fellow intercept operators listened into hundreds of Americans picked up using phones in Baghdad's Green Zone from late 2003 to November 2007. Both former intercept operators came forward at first to speak with investigative journalist [James] Bamford for a book on the NSA, The Shadow Factory, to be published next week. "It's extremely rare," said Bamford, who has written two previous books on the NSA, including the landmark Puzzle Palace which first revealed the existence of the super secret spy agency. "Both of them felt that what they were doing was illegal and improper, and immoral, and it shouldn't be done, and that's what forces whistleblowers."

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The Bush administration has overturned a 22-year-old policy and now allows customs agents to seize, read and copy documents from travelers at airports and borders without suspicion of wrongdoing, civil rights lawyers in San Francisco said Tuesday in releasing records obtained in a lawsuit. The records also indicate that the government gives customs agents unlimited authority to question travelers about their religious beliefs and political opinions, said lawyers from the Asian Law Caucus and the Electronic Frontier Foundation. They said they had asked the Department of Homeland Security for details of any policy that would guide or limit such questioning and received no reply. "We're concerned that people of South Asian or Muslim-looking background are being targeted inappropriately" for questioning and searches, said Asian Law Caucus attorney Shirin Sinnar. The Bay Area legal groups filed a Freedom of Information Act suit against the government in February, seeking documents on the policies that govern searches and questioning of international travelers. The organizations said they had received more than 20 complaints in the previous year, mostly from South Asians and Muslims. The travelers said customs agents regularly singled them out when they returned from abroad, looked at their papers and laptop computers, and asked them such questions as whom they had seen on their trips, whether they attended mosques and whether they hated the U.S. government.

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On a cloudless spring day, the NYPD helicopter soars over the city, its sights set on the Statue of Liberty. A dramatic close-up of Lady Liberty's frozen gaze fills one of three flat-screen computer monitors mounted on a console. Hundreds of sightseers below are oblivious to the fact that a helicopter is peering down on them from a mile and a half away. "They don't even know we're here," said crew chief John Diaz, speaking into a headset over the din of the aircraft's engine. The helicopter's unmarked paint job belies what's inside: an arsenal of sophisticated surveillance and tracking equipment powerful enough to read license plates — or scan pedestrians' faces — from high above the nation's largest metropolis. "It looks like just another helicopter in the sky," said Assistant Police Chief Charles Kammerdener, who oversees the department's aviation unit. Police Commissioner Raymond Kelly has said that no other U.S. law enforcement agency "has anything that comes close" to the surveillance chopper, which was designed by engineers at Bell Helicopter and computer technicians based on NYPD specifications. The $10 million helicopter is just part of the department's efforts to adopt cutting-edge technology for its [surveillance] operations. The NYPD also plans to spend tens of millions of dollars strengthening security in the lower Manhattan business district with a network of closed-circuit television cameras and license-plate readers posted at bridges, tunnels and other entry points. Civil rights advocates are skeptical about the push for more surveillance, arguing it reflects the NYPD's evolution into ad hoc spy agency.

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The number of Americans being secretly wiretapped or having their financial and other records reviewed by the government has continued to increase as officials aggressively use powers approved after the Sept. 11 attacks. But the number of terrorism prosecutions ending up in court -- one measure of the effectiveness of such sleuthing -- has continued to decline, in some cases precipitously. The trends, visible in new government data and a private analysis of Justice Department records, are worrisome to civil liberties groups and some legal scholars. They say it is further evidence that the government has compromised the privacy rights of ordinary citizens without much to show for it. The Bush administration has been seeking to expand its ability to gather intelligence without prior court approval. The [Justice] department ... reported a sharp rise in the use of national security letters by the FBI -- from 9,254 in 2005 to 12,583 in 2006, the latest data available. The letters seek customer information from banks, Internet providers and phone companies. They have caused a stir because consumers do not have a right to know that their information is being disclosed and the letters are issued without court oversight. Civil liberties groups say the new data reveal a disturbing consequence of the government's post-Sept. 11 expanded surveillance capabilities. "The number of Americans being investigated dwarfs any legitimate number of actual terrorism prosecutions, and that is extremely troubling," said Lisa Graves, deputy director of the Center for National Security Studies, a Washington-based civil liberties group.

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Here's a vision of the not-so-distant future: Microchips with antennas will be embedded in virtually everything you buy, wear, drive and read, allowing retailers and law enforcement to track consumer items -- and, by extension, consumers -- wherever they go, from a distance. A seamless, global network of electronic "sniffers" will scan radio tags in myriad public settings, identifying people and their tastes instantly so that customized ads, "live spam," may be beamed at them. In "Smart Homes," sensors built into walls, floors and appliances will inventory possessions, record eating habits, monitor medicine cabinets -- all the while, silently reporting data to marketers eager for a peek into the occupants' private lives. Science fiction? In truth, much of the radio frequency identification [RFID] technology that enables objects and people to be tagged and tracked wirelessly already exists -- and new and potentially intrusive uses of it are being patented, perfected and deployed. Some of the world's largest corporations are vested in the success of RFID technology, which couples highly miniaturized computers with radio antennas to broadcast information about sales and buyers to company databases. Already, microchips are turning up in some computer printers, car keys and tires, on shampoo bottles and department store clothing tags. They're also in library books and "contactless" payment cards. With tags in so many objects, relaying information to databases that can be linked to credit and bank cards, almost no aspect of life may soon be safe from the prying eyes of corporations and governments, says Mark Rasch, former head of the computer-crime unit of the U.S. Justice Department.

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For the last four years, two robot rovers operated from the Jet Propulsion Laboratory in La Canada Flintridge have been moving across the surface of Mars, taking photographs and collecting information. It's an epic event in the history of exploration, one of many for which JPL's 7,000 civilian scientists and engineers are responsible -- when they're not fending off the U.S. government's attempts to conduct an intimidating and probably illegal inquisition into the intimate details of their lives. The problem began -- as so many have -- in the security mania that gripped the Bush administration after 9/11. Presidential Directive No. 12, issued by the Department of Homeland Security, directed federal agencies to adopt a uniform badge that could be used by employees and contractors to gain access to government facilities. NASA Administrator Michael Griffin ... directed Caltech, which has a contract to run JPL for NASA, to make sure all of the lab's employees complied. The government demanded that the scientists, in order to get the badges, fill out questionnaires on their personal lives and waive the privacy of their financial, medical and psychiatric records. The government also wanted permission to gather information about them by interviewing third parties. Twenty-eight of JPL's senior scientists sued in federal court to stop the government and Caltech from forcing them to agree to the background checks as the price of keeping their jobs. They point out that Griffin is one of those who remain skeptical that human actions contribute to global warming, and that some of JPL's near-Earth science has played a critical role in establishing the empirical case to the contrary. They see the background checks as the first step toward establishing a system of intimidation that might be used to silence inconvenient science.

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