Privacy News Stories

Excerpts of Key Privacy News Stories in Major Media

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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?"

The Bush administration is pressing Congress this week for the authority to intercept, without a court order, any international phone call or e-mail between a surveillance target outside the United States and any person in the United States. It would also give the attorney general sole authority to order the interception of communications for up to one year as long as he certifies that the surveillance is directed at a person outside the United States. Civil liberties and privacy groups have denounced the administration's proposal, which they say would effectively allow the National Security Agency to revive a warrantless surveillance program conducted in secret from 2001 until late 2005. They say it would also give the government authority to force carriers to turn over any international communications into and out of the United States without a court order. An unstated facet of the program is that anyone the foreigner is calling inside the United States, as long as that person is not the primary target, would also be wiretapped. Caroline Fredrickson, director of the ACLU's Washington legislative office [said], "What the administration is really going after is the Americans. Even if the primary target is overseas, they want to be able to wiretap Americans without a warrant." The proposal would also allow the NSA to ... have access to the entire stream of communications without the phone company sorting, said Kate Martin, director of the Center for National Security Studies. "It's a 'trust us' system," she said. "Give us access and trust us."

An independent oversight board created to identify intelligence abuses after the CIA scandals of the 1970s did not send any reports to the attorney general of legal violations during the first 5 1/2 years of the Bush administration's counterterrorism effort, the Justice Department has told Congress. The President's Intelligence Oversight Board -- the principal civilian watchdog of the intelligence community -- is obligated under a 26-year-old executive order to tell the attorney general and the president about any intelligence activities it believes "may be unlawful." The board was vacant for the first two years of the Bush administration. The board's mandate is to provide independent oversight, so the absence of such communications has prompted critics to question whether the board was doing its job. "It's now apparent that the IOB was not actively employed in the early part of the administration. And it was a crucial period when its counsel would seem to have been needed the most," said Anthony Harrington, who served as the board's chairman for most of the Clinton administration. Senate Judiciary Committee chairman Patrick J. Leahy (D-Vt.) added: "It is deeply disturbing that this administration seems to spend so much of its energy and resources trying to find ways to ignore any check and balance on its authority and avoid accountability to Congress and the American public."

The arguments against a federal shield law might be frightening if they were not so ludicrous. There are two ways to reassure yourself that legislation to allow journalists to protect the identity of confidential sources will not be exploited by terrorists, thugs, identity thieves, sleazy sleuths and anarchists who expose trade secrets. One is to look at the experience of 49 state laws that grant varying levels of protection for journalists using anonymous sources. The other is to read the bill. "The Free Flow of Information Act of 2007,'' sponsored by Reps. Mike Pence, R-Ind., and Rick Boucher, D-Va., does not provide an absolute right for journalists to protect their sources. Under their HR2102, a journalist could be forced by the courts to reveal his or her source if the disclosure involved: -- A threat to national security. -- A threat of imminent death or significant [bodily] harm to a person. -- A trade secret of significant value. -- Personal financial or health information. [The] Justice Department, which has wielded subpoenas and threats of jail time against journalists in pursuing government leaks, has never liked the idea of a shield law. So it was hardly a surprise when it recently testified against HR2102. What was eye-poppingly outrageous was a Justice official's straight-faced attempt to suggest that criminals or terrorists would invoke the bill's protection for journalists to thwart prosecutors. "Totally absurd," House Judiciary Chairman John Conyers, D-Mich., said of the terrorism argument. However, the dangers that overzealous prosecutors pose to a free and independent press that Pence calls "essential to an informed" electorate are very real and growing. As Pence put it, "there may never be another Deep Throat" if whistle-blowers become worried that journalists cannot keep a promise of confidentiality.

The Federal Bureau of Investigation is developing a computer-profiling system that would enable investigators to target possible terror suspects. The System to Assess Risk, or STAR, assigns risk scores to possible suspects based on a variety of information, similar to the way a credit bureau assigns a rating based on a consumer's spending behavior and debt. The program focuses on foreign suspects but also includes data about some U.S. residents. Some lawmakers said ... that the report raises new questions about the government's power to use personal information and intelligence without accountability. "The Bush administration has expanded the use of this technology, often in secret, to collect and sift through Americans' most sensitive personal information," said Sen. Patrick J. Leahy (D-Vt.), chairman of the Senate Judiciary Committee. The use of data mining in the war on terror has sparked criticism. An airplane-passenger screening program called CAPPS II was revamped and renamed because of civil liberty concerns. An effort to collect Americans' personal and financial data called Total Information Awareness was killed. Law enforcement and national security officials have continued working on other programs to use computers to sift through information for signs of threats. The Department of Homeland Security, for example, flags travelers entering and leaving the United States who may be potential suspects through a risk-assessment program called the Automated Targeting System.

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.

A federal appeals court removed a serious legal challenge to the Bush administration's warrantless wiretapping program yesterday, overruling the only judge who held that a controversial surveillance effort by the National Security Agency was unconstitutional. Two members of a three-judge panel ... ordered the dismissal of a major lawsuit that challenged the wiretapping, which President Bush authorized secretly to eavesdrop on communications ... shortly after the Sept. 11, 2001, attacks. The court did not rule on the spying program's legality. Instead, it declared that the American Civil Liberties Union and the others who brought the case -- including academics, lawyers and journalists -- did not have the standing to sue because they could not demonstrate that they had been direct targets of the clandestine surveillance. The decision vacates a ruling in the case made last August by a U.S. District Court judge in Detroit, who ruled that the administration's program to monitor private communications violated the Bill of Rights and a 1970s federal law. Steven R. Shapiro, the ACLU's legal director, said: "As a result of today's decision, the Bush administration has been left free to violate the Foreign Intelligence Surveillance Act, which Congress adopted almost 30 years ago to prevent the executive branch from engaging in precisely this kind of unchecked surveillance."

Federal agents do not need a search warrant to monitor a suspect's computer use and determine the e-mail addresses and Web pages the suspect is contacting, a federal appeals court ruled Friday. In a drug case from San Diego County, the Ninth U.S. Circuit Court of Appeals in San Francisco likened computer surveillance to the "pen register" devices that officers use to pinpoint the phone numbers a suspect dials, without listening to the phone calls themselves. In Friday's ruling, the court said computer users should know that they lose privacy protections with e-mail and Web site addresses when they are communicated to the company whose equipment carries the messages. The search is no more intrusive than officers' examination of a list of phone numbers or the outside of a mailed package, neither of which requires a warrant, Judge Raymond Fisher said in the 3-0 ruling. Defense lawyer Michael Crowley disagreed. His client, Dennis Alba, was sentenced to 30 years in prison after being convicted of operating a laboratory in Escondido that manufactured the drug ecstasy. Some of the evidence against Alba came from agents' tracking of his computer use. The court upheld his conviction and sentence. Expert evidence in Alba's case showed that the Web addresses obtained by federal agents included page numbers that allowed the agents to determine what someone read online, Crowley said. The ruling "further erodes our privacy," the attorney said. "The great political marketplace of ideas is the Internet, and the government has unbridled access to it."

Note: So now every email you send and read can be monitored legally. Why didn't this make news headlines?

An internal FBI audit has found that the bureau potentially violated the law or agency rules more than 1,000 times while collecting data about domestic phone calls, e-mails and financial transactions in recent years, far more than was documented in a Justice Department report in March that ignited bipartisan congressional criticism. The new audit covers just 10 percent of the bureau's national security investigations since 2002. The vast majority of the new violations were instances in which telephone companies and Internet providers gave agents phone and e-mail records the agents did not request and were not authorized to collect. The agents retained the information anyway in their files. Two dozen of the newly-discovered violations involved agents' requests for information that U.S. law did not allow them to have. The results confirmed what ... critics feared, namely that many agents did not ... follow the required legal procedures and paperwork requirements when collecting personal information with one of the most sensitive and powerful intelligence-gathering tools of the post-Sept. 11 era -- the National Security Letter, or NSL. Such letters are uniformly secret and amount to nonnegotiable demands for personal information -- demands that are not reviewed in advance by a judge. After the 2001 terrorist attacks, Congress substantially eased the rules for issuing NSLs, [leading] to an explosive growth in the use of the letters. More than 19,000 such letters were issued in 2005 seeking 47,000 pieces of information, mostly from telecommunications companies.

Pediatrician Rupin Thakkar's first inkling that the pharmaceutical industry was peering over his shoulder ... came in a letter from a drug representative about the generic drops Thakkar prescribes to treat infectious pinkeye. In the letter, the salesperson wrote that Thakkar was causing his patients to miss more days of school than they would if he put them on Vigamox, a more expensive brand-name medicine made by Alcon Laboratories. "My initial thought was 'How does she know what I'm prescribing?' " Thakkar said. "It feels intrusive ... I just feel strongly that medical encounters need to be private." He is not alone. Many doctors object to drugmakers' common practice of contracting with data-mining companies to track exactly which medicines physicians prescribe and in what quantities -- information marketers and salespeople use to fine-tune their efforts. The concerns are not merely about privacy. Proponents say using such detailed data for drug marketing serves mainly to influence physicians to prescribe more expensive medicines, not necessarily to provide the best treatment. "We don't like the practice, and we want it to stop," said Jean Silver-Isenstadt, executive director of the National Physicians Alliance. (Thakkar is on the group's board of directors.) "We think it's a contaminant to the doctor-patient relationship, and it's driving up costs." The American Medical Association makes millions of dollars each year by helping data-mining companies link prescribing data to individual physicians. It does so by licensing access to the AMA Physician Masterfile, a database containing names, birth dates, educational background, specialties and addresses for more than 800,000 doctors.

Note: For more reliable, verifiable information about major corruption in the drug industry, click here.

One in three people are expected not to cooperate with identity card checks, Home Office papers from 2004 suggest. The working assumptions were revealed in the documents published by the Department for Work and Pensions under the Freedom of Information laws. They show that the assumption was that the cards, due to be introduced on a voluntary basis from 2008, would become compulsory to own - though not carry - in 2014. Lib Dem MP Mark Oaten had asked for the information to be made public when he was the party's home affairs spokesman in 2004. The department had resisted his request, which came under the Freedom of Information Act. But the department was ordered to release the data by the Information Commissioner - a decision which was subsequently backed by the Information Tribunal.

Note: Why do you think the government was so keen on keeping this information secret? For more, click here.

Behind the county hospital's tall cinderblock walls, a 27-year-old tuberculosis patient ... sits in a jail cell equipped with a ventilation system that keeps germs from escaping. Robert Daniels has been locked up indefinitely, perhaps for the rest of his life, since last July. But he has not been charged with a crime. Instead, he suffers from an extensively drug-resistant strain of tuberculosis. It is considered virtually untreatable. County health authorities obtained a court order to lock him up as a danger to the public because ... he did not heed doctors' instructions to wear a mask in public. "I'm being treated worse than an inmate," Daniels said. "I'm all alone. Four walls. Even the door to my room has been locked. I haven't seen my reflection in months." He said sheriff's deputies will not let him take a shower -- he cleans himself with wet wipes -- and have taken away his television, radio, personal phone and computer. His only visitors are masked medical staff members who come in to give him his medication. Though Daniels' confinement is extremely rare, health experts say it is a situation that U.S. public health officials may have to confront more and more because of the spread of drug-resistant TB and the emergence of diseases such as SARS and avian flu.

Note: If the above link fails, click here. What possible reason is there for taking away this man's TV, radio, cell phone, and computer? Are we being prepared for mass quarantines and imprisonment due to disease? For more, click here.

A secret FBI intelligence unit helped detain a group of war protesters in a downtown Washington parking garage in April 2002 and interrogated some of them on videotape about their political and religious beliefs. [Washington] D.C. police said authorities only recently found the logs of police responses to that day's events. That discovery came after three years of police assurances in federal court that no such records or logs existed showing the FBI's role. The FBI and D.C. police said they had no records of such an incident. And police told a federal court that no FBI agents were present when officers arrested more than 20 protesters that afternoon for trespassing; police viewed them as suspicious for milling around the parking garage entrance. Similar intelligence-gathering operations have been reported in New York, where a local police intelligence unit tried to infiltrate groups planning to protest at the Republican National Convention in 2004, and in Colorado, where records surfaced showing that the FBI collected names and license plates of people protesting timber industry practices at a 2002 industry convention.

The Justice Department's inspector general revealed on March 9 that the FBI has been systematically abusing one of the most controversial provisions of the USA Patriot Act: the expanded power to issue "national security letters." It no doubt surprised most Americans to learn that between 2003 and 2005 the FBI issued more than 140,000 specific demands under this provision. It did not, however, come as any surprise to me. Three years ago, I received a national security letter (NSL) in my capacity as the president of a small Internet access and consulting business. The letter ordered me to provide sensitive information about one of my clients. There was no indication that a judge had reviewed or approved the letter, and it turned out that none had. The letter came with a gag provision that prohibited me from telling anyone, including my client, that the FBI was seeking this information. Based on the context of the demand -- a context that the FBI still won't let me discuss publicly -- I suspected that the FBI was abusing its power. Living under the gag order has been stressful and surreal. Under the threat of criminal prosecution, I must hide all aspects of my involvement in the case -- including the mere fact that I received an NSL -- from my colleagues, my family and my friends. When I meet with my attorneys I cannot tell my girlfriend where I am going or where I have been. I hide any papers related to the case in a place where she will not look. When clients and friends ask me whether I am the one challenging the constitutionality of the NSL statute, I have no choice but to look them in the eye and lie. At some point -- a point we passed long ago -- the secrecy itself becomes a threat to our democracy.

For at least a year before the 2004 Republican National Convention, teams of undercover New York City police officers traveled to cities across the country, Canada and Europe to conduct covert observations of people who planned to protest at the convention, according to police records and interviews. From Albuquerque to Montreal, San Francisco to Miami, undercover New York police officers attended meetings of political groups, posing as sympathizers or fellow activists. They made friends, shared meals, swapped e-mail messages and then filed daily reports with the department’s Intelligence Division. In hundreds of reports stamped “N.Y.P.D. Secret,” the Intelligence Division chronicled the views and plans of people who had no apparent intention of breaking the law. These included members of street theater companies, church groups and antiwar organizations. Three New York City elected officials were cited in the reports. In at least some cases, intelligence on what appeared to be lawful activity was shared with police departments in other cities. In addition to sharing information with other police departments, New York undercover officers were active themselves in at least 15 places outside New York — including California, Connecticut, Florida, Georgia, Illinois, Massachusetts, Michigan, Montreal, New Hampshire, New Mexico, Oregon, Tennessee, Texas and Washington, D.C. — and in Europe. To date, as the boundaries of the department’s expanded powers continue to be debated, police officials have provided only glimpses of its intelligence-gathering.

Whistle-blower AT&T technician Mark Klein says his effort to reveal alleged government surveillance of domestic Internet traffic was blocked not only by U.S. intelligence officials but also by the top editors of the Los Angeles Times. Klein describes how he stumbled across "secret NSA rooms" being installed at an AT&T switching center in San Francisco and later heard of similar rooms in at least six other cities. Eventually, Klein says he decided to take his documents to the Los Angeles Times, to blow the whistle on what he calls "an illegal and Orwellian project." But after working for two months with LA Times reporter Joe Menn, Klein says he was told the story had been killed at the request of then-Director of National Intelligence John Negroponte and then-director of the NSA Gen. Michael Hayden. Klein says he then took his AT&T documents to The New York Times, which published its exclusive account last April [later removed from NY Times website]. In the court case against AT&T, Negroponte formally invoked the "state secrets privilege," claiming the lawsuit and the information from Klein and others could "cause exceptionally grave damage to the national security of the United States." The Los Angeles Times' decision was made by the paper's editor at the time, Dean Baquet, now the Washington bureau chief of The New York Times. As the new Washington bureau chief of The New York Times, Baquet now oversees the reporters who have broken most of the major stories involving the government surveillance program, often over objections from the government.

Note: This webpage was removed from the ABC website, but is still available through archive.org on thise webpage. So after the NY Times has the guts to report this important story, the man who was responsible for the censorship at the LA Times is transferred to the very position in the NY Times where he can now block future stories there. For why this case of blatant media censorship isn't making headlines, click here.

Welcome to the new world of border security. Unsuspecting Americans are turning up at the Canadian border expecting clear sailing, only to find that their past -- sometimes their distant past -- is suddenly an issue. There was a time not long ago when a trip across the border from the United States to Canada was accomplished with a wink and a wave of a driver's license. Those days are over. Take the case of 55-year-old Lake Tahoe resident Greg Felsch. Stopped at the border in Vancouver this month at the start of a planned five-day ski trip, he was sent back to the United States because of a DUI conviction seven years ago. Not that he had any idea what was going on when he was told at customs: "Your next stop is immigration." Felsch was ushered into a room. "There must have been 75 people in line," he says. "We were there for three hours. One woman was in tears. A guy was sent back for having a medical marijuana card. I felt like a felon with an ankle bracelet." Or ask the well-to-do East Bay couple who flew to British Columbia this month for an eight-day ski vacation at the famed Whistler Chateau, where rooms run to $500 a night. They'd made the trip many times, but were surprised at the border to be told that the husband would have to report to "secondary" immigration. There, in a room he estimates was filled with 60 other concerned travelers, he was told he was "a person who was inadmissible to Canada." The problem? A conviction for marijuana possession ... in 1975. This is just the beginning. Soon other nations will be able to look into your past when you want to travel there.

Let's say your teenager is a habitual truant and there is nothing you can do about it. A Washington area politician thinks he might have the solution: Fit the child with a Global Positioning System chip, then have police track him down. "It allows them to get caught easier," said Maryland Delegate Doyle Niemann (D-Prince George's), who recently co-sponsored legislation in the House that would use electronic surveillance as part of a broader truancy reduction plan. "It's going to be done unobtrusively. The chips are tiny and can be put into a hospital ID band or a necklace." Niemann's legislation mirrors a bill sponsored by state Sen. Gwendolyn Britt (D-Prince George's). Both would provide truants and their parents with better access to social services, such as mental health evaluations and help with schoolwork. Electronic monitoring would be a last resort. Still, the prospect of tagging children and using them in some "catch and release" hunt by police casts a pall over everything that's good about the plan. Odd how billions and billions of dollars keep going to a war that almost nobody wants, but there's never enough to fund the educational programs that nearly everybody says are needed. Aimed solely at students in Prince George's — the only predominantly black county in the Washington area — the truancy effort is called a "pilot program," a first-of-its-kind experiment. It would cost $400,000 to keep track of about 660 students a year.

Note: For more reliable information on the push to microchip the entire population, click here.

One of the Bush administration's most far-reaching assertions of government power was revealed quietly last week when Attorney General Alberto Gonzales testified that habeas corpus -- the right to go to federal court and challenge one's imprisonment -- is not protected by the Constitution. "The Constitution doesn't say every individual in the United States or every citizen is hereby granted or assured the right of habeas," Gonzales told Sen. Arlen Specter, R-Pa., during a Senate Judiciary Committee hearing Jan. 17. Gonzales acknowledged that the Constitution declares "habeas corpus shall not be suspended unless ... in cases of rebellion or invasion the public safety may require it." But he insisted that "there is no express grant of habeas in the Constitution." Specter was incredulous, asking how the Constitution could bar the suspension of a right that didn't exist -- a right, he noted, that was first recognized in medieval England as a shield against the king's power to dispatch troublesome subjects to royal dungeons. Later in the hearing, Gonzales described habeas corpus as "one of our most cherished rights'' and noted that Congress had protected that right in the 1789 law that established the federal court system. But he never budged from his position on the absence of constitutional protection -- a position that seemingly would leave Congress free to reduce habeas corpus rights or repeal them altogether.

The US passport is about to go electronic, with a tiny microchip embedded in its cover. The chip is the latest outpost in the battle to outwit tamperers. But it's also one that worries privacy advocates. The RFID (radio frequency identification) chip in each passport will contain the same personal data as now appear on the inside pages - name, date of birth, place of birth, issuing office - and a digitized version of the photo. But the 64K chip will be read remotely. And there's the rub. The scenario, privacy advocates say, could be as simple as you standing in line with your passport as someone walks by innocuously carrying a briefcase. Inside that case, a microchip reader could be skimming data from your passport to be used for identity theft. Or maybe authorities or terrorists want to see who's gathered in a crowd and surreptitiously survey your ID and track you. Why not choose a contact chip, where there would be no possibility of skimming, asks Barry Steinhardt, director of the ACLU's Technology and Liberty Project. "There was another way to go, which was to put an electronic strip in the passport that would require contact." The State Department says it's just following international standards set by the International Civil Aviation Organization (ICAO), under the umbrella of the United Nations. The ICAO specified the RFID ... at the behest of the United States. All countries that are part of the US visa-waiver program must use the new passports by Oct. 26, 2005. Mr. Steinhardt ... says the US pushed through the standards against the reservations of the Europeans. "Bush says at the G8 meeting, 'We have to adhere to the global standard,' as though we had nothing to do with it," he says in exasperation.

Note: If the above link fails, click here. For more on the risk of RFID chips, click here.

Important Note: Explore our full index to revealing excerpts of key major media news stories on several dozen engaging topics. And don't miss amazing excerpts from 20 of the most revealing news articles ever published.