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Federal officials are routinely asking courts to order cellphone companies to furnish real-time tracking data so they can pinpoint the whereabouts of drug traffickers, fugitives and other criminal suspects, according to judges and industry lawyers. In some cases, judges have granted the requests without requiring the government to demonstrate that there is probable cause to believe that a crime is taking place or that the inquiry will yield evidence of a crime. Privacy advocates fear such a practice may expose average Americans to a new level of government scrutiny of their daily lives. The requests and orders are sealed at the government's request, so it is difficult to know how often the orders are issued or denied. "Most people don't realize it, but they're carrying a tracking device in their pocket," said Kevin Bankston of the privacy advocacy group Electronic Frontier Foundation. "Cellphones can reveal very precise information about your location, and yet legal protections are very much up in the air." In a stinging opinion this month, a federal judge in Texas denied a request by a Drug Enforcement Administration agent for data that would identify a drug trafficker's phone location by using the carrier's E911 tracking capability. E911 tracking systems read signals sent to satellites from a phone's Global Positioning System (GPS) chip or triangulated radio signals sent from phones to cell towers. "Law enforcement routinely now requests carriers to continuously 'ping' wireless devices of suspects to locate them when a call is not being made . . . so law enforcement can triangulate the precise location of a device and [seek] the location of all associates communicating with a target," wrote Christopher Guttman-McCabe, vice president of regulatory affairs for CTIA -- the Wireless Association.

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A proposed new FBI program would skirt federal laws by paying private companies to hold millions of phone and Internet records which the bureau is barred from keeping itself, experts say. The $5 million project would apparently pay private firms to store at least two years' worth of telephone and Internet activity by millions of Americans, few of whom would ever be considered a suspect in any terrorism, intelligence or criminal matter. The FBI is barred by law from collecting and storing such data if it has no connection to a specific investigation or intelligence matter. In recent years the bureau has tried to encourage telecommunications firms to voluntarily store such information, but corporations have balked at the cost of keeping records they don't need. "The government isn't allowed to warehouse the information, and the companies don't want to, so this creates a business incentive for the companies to warehouse it, so the government can access it later," said Mike German, a policy expert on national security and privacy issues for the American Civil Liberties Union (ACLU).  "It's a public-private partnership that puts civil liberties to the test." In March, an FBI official identified the companies as Verizon, MCI and AT&T. Even the bureau's own top lawyer said she found the [FBI's] behavior "disturbing," noting that when requesting access to phone company records, it repeatedly referenced "emergency" situations that did not exist, falsely claimed grand juries had subpoenaed information and failed to keep records on much of its own activity.

In a public health emergency, suspected victims would no longer have to give permission before experimental tests could be run to determine why they're sick, under a federal rule published Wednesday. Privacy experts called the exception unnecessary, ripe for abuse and an override of state informed-consent laws. Health care workers will be free to run experimental tests on blood and other samples taken from people who have fallen sick as a result of a bioterrorist attack, bird flu outbreak, detonation of a dirty bomb or any other life-threatening public health emergency, according to the rule issued by the Food and Drug Administration. The rule took effect Wednesday but remains subject to public comment until Aug. 7. The FDA said it published the rule without first seeking comments because it would hinder the response to an outbreak of bird flu or other public health emergency.

They were loyal conservatives and Bush appointees. They fought a quiet battle to rein in the president's power in the war on terror. And they paid a price for it. James Comey...resigned as deputy attorney general in the summer of 2005. Comey's farewell speech...contained...an unusual passage. Comey thanked "people who came to my office, or my home, or called my cell phone late at night, to quietly tell me when I was about to make a mistake; they were the people committed to getting it right....Some of them did pay a price for their commitment to right, but they wouldn't have it any other way." These Justice Department lawyers, backed by their intrepid boss Comey, had stood up to the hard-liners, centered in the office of the vice president, who wanted to give the president virtually unlimited powers in the war on terror. Demanding that the White House stop using what they saw as farfetched rationales for riding rough-shod over the law and the Constitution, [they] fought to bring government spying and interrogation methods within the law. These government attorneys did not always succeed, but their efforts went a long way toward vindicating the principle of a nation of laws and not men. They did not see the struggle in terms of black and white but in shades of gray -- as painfully close calls with unavoidable pitfalls. They worried deeply about whether their principles might put Americans at home and abroad at risk. Their story...is a quietly dramatic profile in courage.

Note: If you want to understand the complexities involved behind the scenes at the top levels of US politics, I most highly recommend reading this entire article. It is five webpages in length.

In the guise of fighting terrorism and maintaining public order, Tony Blair's Government has quietly and systematically taken power from Parliament and the British people. The author charts a nine-year assault on civil liberties that reveals the danger of trading freedom for security. A new law...says that no one may demonstrate within a kilometre...of Parliament Square if they have not first acquired written permission. This effectively places the entire centre of British government...off-limits to the protesters. Blair...turns out to have an authoritarian streak. What is remarkable...is the harm his government has done to the unwritten British constitution in those nine years, without anyone really noticing, without the press objecting or the public mounting mass protests. Last year...I started to notice trends in Blair's legislation...to put in place all the necessary laws for total surveillance of society. The right not to be tried twice for the same offence...no longer exists. The presumption of innocence is compromised. The ID card [and] centralised database...will log and store details of every important action in a person's life. "You and I will carry them because we are upright citizens. But a terrorist ...will be carrying yours." Once a person is arrested he or she may be fingerprinted and photographed by the police and have a DNA sample removed with an oral swab - by force if necessary...before that person has been found guilty of any crime, whether it be dropping litter or shooting someone.

The U.S. military called no witnesses, withheld evidence from detainees and usually reached a decision within a day as it determined that hundreds of men detained at Guantanamo Bay were “enemy combatants,” according to a new report. The analysis of transcripts and records...found that hearings that determined whether a prisoner should remain in custody gave the accused little opportunity to contest allegations against him. “These were not hearings. These were shams,” said Mark Denbeaux, an attorney and Seton Hall University law professor who along with his son, Joshua, is the author of the report. The military held Combatant Status Review Tribunals for 558 detainees...between July 2004 and January 2005 and found all but 38 were enemy combatants. Handcuffed detainees appeared before a panel of three officers with no defense attorney, only a military “personal representative.” Representatives said nothing in the hearings 14 percent of the time and made no “substantive” comments in 30 percent. In 74 percent of the cases, the government denied requests to call witnesses who were detained at the prison. The report is based on transcripts...released earlier this year in response to a Freedom of Information Act lawsuit... The Military Commissions Act, which President Bush signed on Oct. 17, strips all non-U.S. citizens held under suspicion of being an enemy combatant of their right to challenge their detention in civilian courts with petitions of habeas corpus.

Investigators have revealed that targets of high-tech spying in Mexico included an international group of experts backed by the Organization of American States who had criticized the government’s investigation into the disappearance of 43 students. Previous investigations by the internet watchdog group Citizen Lab found that the spyware had been directed at journalists, activists and opposition politicians in Mexico. But targeting foreign experts operating under the aegis of an international body marks an escalation of the scandal. The experts had diplomatic status, making the spying attempt even graver. The spyware, known as Pegasus, is made by the Israel-based NSO Group, which says it sells only to government agencies for use against criminals and terrorists. It turns a cellphone into an eavesdropper, giving snoopers the ability to remotely activate its microphone and camera and access its data. The spyware is uploaded when users click on a link in email messages. Citizen Lab said the spyware attempts against the international experts occurred in March 2016 as the group was preparing its final, critical report on the government investigation into the disappearances. The 43 students were detained by local police in the city of Iguala on 26 September 2014, and were turned over to a crime gang. Only one student’s remains have been identified. The experts criticized the government’s conclusions, saying ... that government investigators had not looked into other evidence.

Note: Read the report by Citizen Lab at the University of Toronto for the details of these suspicious spyware attacks. For more along these lines, see concise summaries of deeply revealing news articles on corruption in government and the erosion of civil liberties.

Dozens of companies, non-profits and trade organizations including Apple, Google, and Facebook sent a letter [on July 18] pushing the Obama administration and Congress for more disclosures on the government's national security-related requests for user data. Together with LinkedIn, Yahoo!, Microsoft, Twitter and many others, the companies asked for more transparency of secret data gathering in the letter. Tech companies have been scrambling to assert their independence after documents leaked last month by former U.S. security contractor Edward Snowden suggested they had given the government direct access to their computers as part of the NSA's secret surveillance program called Prism. The classified nature of the data gathering has barred the participating companies from disclosing even their involvement, let alone the content of the requests. Some companies, including Facebook and Apple, in June struck an agreement with the government to release some information about the number of surveillance requests they receive. But they were limited to disclosing aggregate government requests for data without showing the split between surveillance and criminal requests, and only for a six-month period.

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The U.S. government will have unmanned surveillance aircraft monitoring the whole southwest border with Mexico from September 1, as it ramps up border security in this election year. Homeland Security Secretary Janet Napolitano said U.S. Customs and Border Protection would begin flying a Predator B drone out of Corpus Christi, Texas, on [that date], extending the reach of the agency's unmanned surveillance aircraft across the length of the nearly 2,000 mile border with Mexico. "With the deployment of the Predator in Texas, we will now be able to cover the southwest border from the El Centro sector in California all the way to the Gulf of Mexico in Texas, providing critical aerial surveillance assistance to personnel on the ground," Napolitano said during a conference call. Earlier this month, President Barack Obama signed a $600 million bill that would fund some 1,500 new Border Patrol agents, customs inspectors and other law enforcement officials along the border, as well as paying for two more unmanned drones. The Predator B drones are made by defense contractor General Atomics. They carry equipment including sophisticated day and night vision cameras that operators use to detect drug and human smugglers, and can stay aloft for up to 30 hours at a time.

Note: How long will it be before aerial surveillance drones, now positioned over the southern border of the US, are deployed in other parts of the country?

A broad coalition of technology companies, including AT&T, Google and Microsoft, and advocacy groups from across the political spectrum said Tuesday that it would push Congress to strengthen online privacy laws to protect private digital information from government access. The group, calling itself the Digital Due Process coalition, said it wanted to ensure that as millions of people moved private documents from their filing cabinets and personal computers to the Web, those documents remain protected from easy access by law enforcement and other government authorities. The coalition, which includes the American Civil Liberties Union, the Electronic Frontier Foundation and the Center for Democracy and Technology, wants law enforcement agencies to use a search warrant approved by a judge or a magistrate rather than rely on a simple subpoena from a prosecutor to obtain a citizen’s online data. The group also said that it wanted to safeguard location-based information collected by cellphone companies and applications providers. forcement agencies and the Obama administration.

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Despite President Barack Obama's vow to open government more than ever, the Justice Department is defending Bush administration decisions to keep secret many documents about domestic wiretapping, data collection on travelers and U.S. citizens, and interrogation of suspected terrorists. "The signs in the last few days are not ... encouraging," said Jameel Jaffer, an attorney for the American Civil Liberties Union, which filed several lawsuits seeking the Bush administration's legal rationales for warrantless domestic wiretapping and for its treatment of terrorism detainees. The documents sought in these lawsuits "are in many cases the documents that the public most needs to see," Jaffer said. "It makes no sense to say that these documents are somehow exempt from President Obama's directives." Groups that advocate open government, civil liberties and privacy were overjoyed that Obama on his first day in office reversed the FOIA policy imposed by Bush's first attorney general, John Ashcroft. Obama pledged "an unprecedented level of openness in government" and ordered new FOIA guidelines written with a "presumption in favor of disclosure." But Justice's actions in courts since then have cast doubt on how far the new administration will go. "This is not change," said ACLU executive director Anthony Romero. "President Obama's Justice Department has disappointingly reneged" on his promise to end "abuse of state secrets."

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U.S. spy agencies' sensitive data should soon be linked by Google-like search systems. Director of National Intelligence Mike McConnell has launched a sweeping technology program to knit together the thousands of databases across all 16 spy agencies. After years of bureaucratic snafus, intelligence analysts will be able to search through secret intelligence files the same way they can search public data on the Internet. Linking up the 16 agencies is the challenge at the heart of the job of director of national intelligence, created after 9/11. The new information program also is designed to include Facebook-like social-networking programs and classified news feeds. It includes enhanced security measures to ensure that only appropriately cleared people can access the network. The price tag is expected to be in the billions of dollars. The impact for analysts, Mr. McConnell says, "will be staggering." Not only will analysts have vastly more data to examine, potentially inaccurate intelligence will stand out more clearly, he said. Today, an analyst's query might scan only 5% of the total intelligence data in the U.S. government, said a senior intelligence official. Even when analysts find documents, they sometimes can't read them without protracted negotiations to gain access. Under the new system, an analyst would likely search about 95% of the data, the official said.

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If you're reading this story on our Web site, I don't know what you did online before you reached this page. But your Internet provider might if it engages in something called deep packet inspection. That phrase may sound like what the Transportation Security Administration does to uncooperative airline passengers, but on the Internet it means a thorough and automatic inspection of online traffic -- not just where you've been but also what you've seen. Peering inside the digital packets of data zipping across the Internet -- in real time, for tens of thousands of users at once -- was commercially impractical until recently. But the ceaseless march of processing power has made it feasible. Unsurprisingly, companies have been trying to turn this potential into profit. By tracking users' Web habits this closely, they can gain a much more detailed picture of their interests -- and then display precisely targeted, premium-priced ads. The House Committee on Energy and Commerce recently asked dozens of providers to explain whether they had done any such testing. Most companies said they had yet to try the technology and had no plans to do so. (Although AT&T allowed that "if done properly," deep packet inspection "could prove quite valuable to consumers.") Taking these companies at their word, what's there to worry about? Systems such as deep packet inspection unnerve a lot of Internet users for sound reasons. One is, of course, the immensely greater surveillance they allow. Another concern is the difficulty of circumventing this constant tracking. The machinery of deep packet inspection hides out of reach in your provider's servers.

Several Internet and broadband companies have acknowledged using targeted-advertising technology without explicitly informing customers, according to letters released yesterday by the House Energy and Commerce Committee. The revelations came in response to a bipartisan inquiry of how more than 30 Internet companies might have gathered data to target customers. Some privacy advocates and lawmakers said the disclosures help build a case for an overarching online-privacy law. "Increasingly, there are no limits technologically as to what a company can do in terms of collecting information . . . and then selling it as a commodity to other providers," said committee member Edward J. Markey (D-Mass.). "Our responsibility is to make sure that we create a law that, regardless of the technology, includes a set of legal guarantees that consumers have with respect to their information." Markey said he and his colleagues plan to introduce legislation next year, a sort of online-privacy Bill of Rights, that would require that consumers must opt in to the tracking of their online behavior and the collection and sharing of their personal data. Ari Schwartz, vice president of the Center for Democracy and Technology, said lawmakers are beginning to understand the convergence across platforms. "People are starting to see: 'Oh, we have these different industries that are collecting the same types of information to profile individuals and the devices they use on the network," he said. "Internet. Cellphones. Cable. Any way you tap into the network, concerns are raised."

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[Las Vegas], famous for being America's playground, has also become its security lab. Like nowhere else in the United States, Las Vegas has embraced the twin trends of data mining and high-tech surveillance, with arguably more cameras per square foot than any airport or sports arena in the country. Even the city's cabs and monorail have cameras. Some privacy advocates view the city as a harbinger of things to come. In secret rooms in casinos across Las Vegas, surveillance specialists are busy analyzing information about players and employees. Relying on thousands of cameras in nearly every cranny of the casinos, they evaluate ... behavior. They ping names against databases that share information with other casinos, sometimes using facial-recognition software to validate a match. And in the marketing suites, casino staffers track players' every wager, every win or loss, the better to target high-rollers for special treatment and low- and middle-rollers for promotions. "You could almost look at Vegas as the incubator of a whole host of surveillance technologies," said James X. Dempsey, policy director for the Center for Democracy and Technology. Those technologies, he said, have spread to other commercial venues: malls, stadiums, amusement parks. After Sept. 11, 2001, several airports tested facial-recognition software, with little success. But the government is continuing to invest in biometric technologies. "We often hear of the surveillance technology du jour, but what we're seeing now in America is a collection of surveillance technologies that work together," said Barry Steinhardt, the American Civil Liberties Union's technology and liberty project director. "It isn't just video surveillance or face recognition or license plate readers or RFID chips. It's that all these technologies are converging to create a surveillance society."

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Frustrated by press leaks about its most sensitive electronic surveillance work, the secretive National Security Agency convened an unprecedented series of off-the-record "seminars" in recent years to teach reporters about the damage caused by such leaks and to discourage reporting that could interfere with the agency's mission to spy on America's enemies. The half-day classes featured high-ranking NSA officials highlighting objectionable passages in published stories and offering "an innocuous rewrite" that officials said maintained the "overall thrust" of the articles but omitted details that could disclose the agency's techniques, according to course outlines obtained by The New York Sun. Dubbed "SIGINT 101," using the NSA's shorthand for signals intelligence, the seminar was presented "a handful of times" between approximately 2002 and 2004. The syllabi make clear that the sessions, which took place at NSA headquarters in Fort Meade, Md., were conceived of ... as part of a campaign to limit the damage caused by leaks of sensitive intelligence. During one sensitive discussion, journalists were to be told they could not take any notes. The exact substitutions of language that the NSA proposed were deleted from the syllabi released to the Sun under the Freedom of Information Act. In 2005, following the publication of a New York Times story on a secret program for warrantless wiretapping ... Director of Central Intelligence Porter Goss crusaded against leaks at the CIA and later told a Senate committee that he hoped reporters would be called before grand juries to identify their sources. Attorney General Gonzales also discussed the "possibility" of prosecuting journalists who wrote stories based on leaked intelligence. The syllabi, which are marked as drafts, list presenters including the director of the NSA at the time, General Michael Hayden, [now director of the CIA].

The Bush administration's chief intelligence official said yesterday that President Bush authorized a series of secret surveillance activities under a single executive order in late 2001. The disclosure makes clear that a controversial National Security Agency program was part of a much broader operation than the president previously described. The disclosure by Mike McConnell [is] the first time that the administration has publicly acknowledged that Bush's order included undisclosed activities beyond the warrantless surveillance of e-mails and phone calls that Bush confirmed in December 2005. McConnell [disclosed] that the executive order following the Sept. 11, 2001 attacks included "a number of . . . intelligence activities" and that a name routinely used by the administration -- the Terrorist Surveillance Program -- applied only to "one particular aspect of these activities, and nothing more. This is the only aspect of the NSA activities that can be discussed publicly, because it is the only aspect of those various activities whose existence has been officially acknowledged." News reports ... have detailed a range of activities linked to the program, including the use of data mining to identify surveillance targets and the participation of telecommunication companies in turning over millions of phone records. Kate Martin ... of the Center for National Security Studies, said the new disclosures show that ... administration officials have "repeatedly misled the Congress and the American public" about the extent of NSA surveillance efforts. "They have repeatedly tried to give the false impression that the surveillance was narrow and justified," Martin said. "Why did it take accusations of perjury before the DNI disclosed that there is indeed other, presumably broader and more questionable, surveillance?"

Highly sensitive information about the religious beliefs, political opinions and even the sex life of Britons travelling to the United States is to be made available to US authorities when the European Commission agrees to a new system of checking passengers. The EC is in the final stages of agreeing a new Passenger Name Record system with the US which will allow American officials to access detailed biographical information about passengers entering international airports. Civil liberty groups warn it will have serious consequences for European passengers. In a strongly worded document drawn up in response to the plan that will affect the 4 million-plus Britons who travel to the US every year, the EU parliament said it 'notes with concern that sensitive data (ie personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, and data concerning the health or sex life of individuals) will be made available to the DHS.' The US will be able to hold the records of European passengers for 15 years compared with the current three year limit. The EU parliament said it was concerned the data would lead to 'a significant risk of massive profiling and data mining, which is incompatible with basic European principles and is a practice still under discussion in the US congress.' Peter Hustinx, the European Data Protection Supervisor, has written to the EC expressing his 'grave concern' at the plan, which he describes as 'without legal precedent' and one that puts 'European data protection rights at risk'. Hustinx warns: 'Data on EU citizens will be readily accessible to a broad range of US agencies and there is no limitation to what US authorities are allowed to do with the data.'

Walter Soehnge is a retired Texas schoolteacher. What got him so upset might seem trivial to some people who have learned to accept small infringements on their freedom as just part of the way things are in this age of terror-fed paranoia. The balance on their JCPenney Platinum MasterCard had gotten to an unhealthy level. So they sent in a large payment, a check for $6,522. And an alarm went off. A red flag went up. The Soehnges' behavior was found questionable. After sending in the check, they checked online to see if their account had been duly credited. They learned that the check had arrived, but the amount available for credit on their account hadn't changed. They were told, as they moved up the managerial ladder at the call center, that the amount they had sent in was much larger than their normal monthly payment. And if the increase hits a certain percentage higher than that normal payment, Homeland Security has to be notified. And the money doesn't move until the threat alert is lifted. Walter called television stations, the American Civil Liberties Union and me. And he went on the Internet to see what he could learn. He learned about changes in something called the Bank Privacy Act. "The more I'm on, the scarier it gets," he said. "It's scary how easily someone in Homeland Security can get permission to spy."

JOURNALISTS. Our attorney general is coming for us. On Sunday, Alberto Gonzales told ABC's "This Week" that he would consider prosecuting reporters who get their hands on classified information and break news about President Bush's terrorist surveillance program. "There are some statutes on the book which, if you read the language carefully, would seem to indicate that that is a possibility. We have an obligation to enforce those laws." Asked...if The New York Times should be prosecuted for its initial story on government surveillance without warrants, Gonzales said, "We are engaged now in an investigation about what would be the appropriate course of action." This is the same administration that...has already set the presidential record in claiming the authority to circumvent the law in more than 750 cases. Gonzales...issued the infamous "torture memo" that advised President Bush to throw the Geneva Convention into the trash can for detainees in the war on terror. Gonzales...helped the administration block and drag its feet on the release of presidential papers from Ronald Reagan and George H.W. Bush. Gonzales helped to withhold or delay highly classified documents from the president's own 9/11 Commission and from...the energy task force of Vice President Dick Cheney. The actions of Gonzales show how little the Bush administration promotes the rights of the press. With every pronouncement, freedom is disappearing, in incremental steps.

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