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The military is using the FBI to skirt legal restrictions on domestic surveillance to obtain private records of Americans' Internet service providers, financial institutions and telephone companies, the ACLU said Tuesday. The American Civil Liberties Union based its conclusion on a review of more than 1,000 documents turned over by the Defense Department after it sued the agency last year for documents related to national security letters. The letters are investigative tools used to compel businesses to turn over customer information without a judge's order or grand jury subpoena. ACLU lawyer Melissa Goodman said the documents the civil rights group studied "make us incredibly concerned that the FBI and DoD might be collaborating to evade limits" placed on the Defense Department's use of the letters. Goodman, a staff attorney with the ACLU National Security Project, said the military is allowed to demand financial and credit records in certain instances but does not have the authority to get e-mail and phone records or lists of Web sites that people have visited. That is the kind of information that the FBI can get by using a national security letter, she said. "That's why we're particularly concerned. The DoD may be accessing the kinds of records they are not allowed to get," she said. Goodman also noted that legal limits are placed on the Defense Department "because the military doing domestic investigations tends to make us leery.

Note: For further disturbing reports on threats to civil liberties, click here.

When the nation's intelligence agencies wanted a computer network to better share information ... they turned to a big name in the technology industry to supply some of the equipment: Google Inc. The Mountain View company sold the agencies servers for searching documents. Many of the contracts are for search appliances - servers for storing and searching internal documents. Agencies can use the devices to create their own mini-Googles on intranets made up entirely of government data. Additionally, Google has had success licensing a souped-up version of its aerial mapping service, Google Earth. Spy agencies are using Google equipment as the backbone of Intellipedia, a network aimed at helping agents share intelligence. [The system] is maintained by the director of national intelligence and is accessible only to the CIA, FBI, National Security Agency and an alphabet soup of other intelligence agencies and offices. Google supplies the computer servers that support the network, as well as the search software that allows users to sift through messages and data. Because of the complexities of doing business with the government, Google uses resellers to process orders on its behalf. Google takes care of the sales, marketing and management of the accounts. Google is one of many technology vendors vying for government contracts. On occasion, Google is the target of conspiracy theories from bloggers who say it is working with spy agencies more closely than simply selling search equipment.

The sad saga of [Eliot] Spitzer should concern every American. The web of snooping in which federal investigators and regulators are now able to ensnare any person who engages in any form of financial transaction has become so complex and pervasive that almost no person anywhere in the world can escape its clutches. The seeds of this modern-day Orwellian financial web were sown in the late 1960s and early 1970s when such expansive federal laws as the Bank Secrecy Act were enacted. Designed as tools to ferret out organized crime figures, major drug traffickers and international money launderers, this family of far-reaching regulatory-cum-criminal laws initially was used largely as intended. Many of the “Suspicious Activity Reports” (or SARs) required by the Bank Secrecy Act of 1970, for example, were largely ignored by investigators and prosecutors, who viewed them as burdensome and difficult to catalog and utilize. Two events have conspired to change all that. First, the advent of digital technology has elevated dramatically the ability of the government to gather, analyze, manipulate, retrieve and disseminate the SAR data. The second factor ... was, of course, the events of 9/11 and the ensuing USA Patriot Act. These two things institutionalized fear as the driving force in virtually all federal policies, including those relating to financial reporting. [A section of] the Patriot Act — has been interpreted by banking examiners to require banks to profile their customers and the full range of their transactions, regardless of amount. These “know your customer” regulations are among the most insidious of this entire class of invasive federal laws and regulations.

Note: This informative article is by former US Congressman Bob Barr, who has become a crusader against the excesses of the PATRIOT Act.

When Congress passed the Patriot Act in the aftermath of the 9/11 attacks, law-enforcement agencies hailed it as a powerful tool to help track down the confederates of Osama bin Laden. No one expected it would end up helping to snag the likes of Eliot Spitzer. In the fine print were provisions that gave the Treasury Department authority to demand more information from banks about their customers' financial transactions. But Treasury went further. It issued stringent new regulations that required banks themselves to look for unusual transactions (such as odd patterns of cash withdrawals or wire transfers) and submit SARs—Suspicious Activity Reports—to the government. Facing potentially stiff penalties if they didn't comply, banks and other financial institutions installed sophisticated software to detect anomalies among millions of daily transactions. They began ranking the risk levels of their customers ... based on complex formulas that included ... whether an account holder was a "politically exposed person" [PEP]. At first focused on potentially crooked foreign officials, the PEP lists expanded to include many U.S. politicians and public officials who were conceivably vulnerable to corruption. Federal prosecutors around the country routinely scour the SARs for potential leads. One of those leads led to Spitzer. Last summer New York's North Fork Bank, where Spitzer had an account, filed a SAR about unusual money transfers he had made. The governor called attention to himself by asking the bank to transfer money in someone else's name. The SAR was not itself evidence that Spitzer had committed a crime. But it made the Feds curious enough to follow the money.

Note: This story provides useful information about how the PATRIOT Act has been applied since its passage. The reasons for the investigation of Eliot Spitzer, leading to his resignation, may not have been so simple, however, given his many powerful enemies in government and on Wall Street.

Montana Governor Brian Schweitzer is urging a third of the nation's governors to join him in opposing the implementation of a national identification card, saying they can force Congress to change it. Schweitzer, who last year said "no, nope, no way, hell no" to the federal plan calling for national driver's licenses under the REAL ID Act, sent a letter yesterday to 17 other governors asking them to oppose a Department of Homeland Security effort to penalize states that have not adopted the mandate. Homeland Security has said recently that travelers from states that have not adopted the license will have to use a passport or certain types of federal border-crossing cards if they want to avoid a vigorous secondary screening at airport security.

Residents of at least 17 states are suddenly stuck in the middle of a fight between the Bush administration and state governments over post-September 11 security rules for driver's licenses -- a dispute that, by May, could leave millions of people unable to use their licenses to board planes or enter federal buildings. Homeland Security Secretary Michael Chertoff, who unveiled final details of the REAL ID Act's rules on Friday, said that if states want their licenses to remain valid for air travel after May 2008, those states must seek a waiver indicating they want more time to comply with the legislation. Chertoff said that in instances where a particular state doesn't seek a waiver, its residents will have to use a passport or a newly created federal passport card if they want to avoid a vigorous secondary screening at airport security. Chertoff spoke as he discussed the details of the administration's plan to improve security for driver's licenses in all 50 states -- an effort delayed due to opposition from states worried about the cost and civil libertarians upset about what they believe are invasions of privacy. Under the rules announced Friday, Americans born after Dec. 1, 1964, will have to get more secure driver's licenses in the next six years. The American Civil Liberties Union has fiercely objected to the effort, particularly the sharing of personal data among government agencies. In its written objection to the law, the ACLU claims REAL ID amounts to the "first-ever national identity card system," which "would irreparably damage the fabric of American life."

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.

Note: For many major media reports on serious new threats to civil liberties, click here.

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.

Note: For more on government and corporate privacy invasions, see the deeply revealing reports from reliable major media sources available here.

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.

Note: For many key articles from reliable sources on privacy issues in the new age of surveillance, click here.

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.

Note: For key reports from reliable sources on the hidden realities of the War on Terror, click here.

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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