Showing posts with label FBI. Show all posts
Showing posts with label FBI. Show all posts

Friday, December 6, 2019

While Congress subjects the nation to its carefully orchestrated impeachment drama, our civil liberties continue to die a slow, painful death


Image result for liberties at stake"
Rutherford    December 02, 2019
“It is the responsibility of the patriot to protect his country from its government.”—Thomas Paine
While Congress subjects the nation to its impeachment-flavored brand of bread-and-circus politics, our civil liberties continue to die a slow, painful death by a thousand cuts.

Case in point: while Americans have been fixated on the carefully orchestrated impeachment drama that continues to monopolize headlines, Congress passed and President Trump signed into law legislation extending three key provisions of the USA Patriot Act, which had been set to expire on December 15, 2019.

Once again, to no one’s surprise, the bureaucrats on both sides of the aisle—Democrats and Republicans alike—prioritized political grandstanding over principle and their oath of office to protect and defend the Constitution...

The legislation passed the Senate with a bipartisan 74-to-20 vote. It squeaked through the House of Representatives with a 231-192 margin. And it was signed by President Trump—who earlier this year floated the idea of making the government’s surveillance powers permanent—with nary a protest from anyone about its impact on the rights of the American people.

Spending bill or not, it didn’t have to shake down this way, even with the threat of yet another government shutdown looming.

Congress could have voted to separate the Patriot Act extension from the funding bill, as suggested by Rep. Justin Amash, but that didn’t fly. Instead as journalist Norman Solomon writes for Salon, “The cave-in was another bow to normalizing the U.S. government’s mass surveillance powers.”
That, right there, is the key to all of this: normalizing the U.S. government’s mass surveillance powers.

In the 18 years since the USA Patriot Act—a massive 342-page wish list of expanded powers for the FBI and CIA—was rammed through Congress in the wake of the so-called 9/11 terror attacks, it has snowballed into the eradication of every vital safeguard against government overreach, corruption and abuse.

The Patriot Act drove a stake through the heart of the Bill of Rights, violating at least six of the ten original amendments—the First, Fourth, Fifth, Sixth, Seventh and Eighth Amendments—and possibly the Thirteenth and Fourteenth Amendments, as well.

The Patriot Act also redefined terrorism so broadly that many non-terrorist political activities such as protest marches, demonstrations and civil disobedience are now considered potential terrorist acts, thereby rendering anyone desiring to engage in protected First Amendment expressive activities as suspects of the surveillance state.

The Patriot Act justified broader domestic surveillance, the logic being that if government agents knew more about each American, they could distinguish the terrorists from law-abiding citizens—no doubt a reflexive impulse shared by small-town police and federal agents alike.

This, according to Washington Post reporter Robert O’Harrow, Jr., was a fantasy that “had been brewing in the law enforcement world for a long time.” And 9/11 provided the government with the perfect excuse for conducting far-reaching surveillance and collecting mountains of information on even the most law-abiding citizen.

Federal agents and police officers are now authorized to conduct covert black bag “sneak-and-peak” searches of homes and offices while you are away and confiscate your personal property without first notifying you of their intent or their presence.

The law also granted the FBI the right to come to your place of employment, demand your personal records and question your supervisors and fellow employees, all without notifying you; allowed the government access to your medical records, school records and practically every personal record about you; and allowed the government to secretly demand to see records of books or magazines you’ve checked out in any public library and Internet sites you’ve visited (at least 545 libraries received such demands in the first year following passage of the Patriot Act).

In the name of fighting terrorism, government officials are now permitted to monitor religious and political institutions with no suspicion of criminal wrongdoing; prosecute librarians or keepers of any other records if they tell anyone that the government has subpoenaed information related to a terror investigation; monitor conversations between attorneys and clients; search and seize Americans’ papers and effects without showing probable cause; and jail Americans indefinitely without a trial, among other things.

The federal government also made liberal use of its new powers, especially through the use (and abuse) of the nefarious national security letters, which allow the FBI to demand personal customer records from Internet Service Providers, financial institutions and credit companies at the mere say-so of the government agent in charge of a local FBI office and without prior court approval.

In fact, since 9/11, we’ve been spied on by surveillance cameras, eavesdropped on by government agents, had our belongings searched, our phones tapped, our mail opened, our email monitored, our opinions questioned, our purchases scrutinized (under the USA Patriot Act, banks are required to analyze your transactions for any patterns that raise suspicion and to see if you are connected to any objectionable people), and our activities watched.

We’re also being subjected to invasive patdowns and whole-body scans of our persons and seizures of our electronic devices in the nation’s airports. We can’t even purchase certain cold medicines at the pharmacy anymore without it being reported to the government and our names being placed on a watch list.
It’s only getting worse, folks.

Tuesday, October 29, 2019

Privacy implications of FBI use of surveillance data

CPOMagazine   10/15/2019
According to a new declassified ruling from the U.S. Foreign Intelligence Surveillance Court (FISC), FBI personnel systematically abused National Security Agency (NSA) mass surveillance data in both 2017 and 2018. The 138-page ruling, which dates back to October 2018, was only unsealed 12 months later in October 2019. It offers a rare look at how the Federal Bureau of Investigation (FBI) has been abusing the constitutional privacy rights of U.S. citizens with alarming regularity. The court ruling is also a stinging rebuke to the FBI’s overreach of its ability to search surveillance intelligence databases.

Saturday, August 31, 2019

FBI document warns conspiracy theories are a new domestic terrorism threat


FBI designates Pizzagate and QAnon conspiracy-based theories as domestic threats. (Photo illustration: Yahoo News; photos: Michael E. Miller/The Washington Post via Getty Images, Matt Rourke/AP, AP)

August 1, 2019 Yahoo
The FBI for the first time has identified fringe conspiracy theories as a domestic terrorist threat, according to a previously unpublicized document obtained by Yahoo News. (Read the document below.)
The FBI intelligence bulletin from the bureau’s Phoenix field office, dated May 30, 2019, describes “conspiracy theory-driven domestic extremists,” as a growing threat, and notes that it is the first such report to do so. It lists a number of arrests, including some that haven’t been publicized, related to violent incidents motivated by fringe beliefs.
The document specifically mentions QAnon, a shadowy network that believes in a deep state conspiracy against President Trump, and Pizzagate, the theory that a pedophile ring including Clinton associates was being run out of the basement of a Washington, D.C., pizza restaurant (which didn’t actually have a basement).
“The FBI assesses these conspiracy theories very likely will emerge, spread, and evolve in the modern information marketplace, occasionally driving both groups and individual extremists to carry out criminal or violent acts,” the document states. It also goes on to say the FBI believes conspiracy theory-driven extremists are likely to increase during the 2020 presidential election cycle.

Saturday, April 15, 2017

Microsoft received over 1,000 Foreign Intelligence Surveillance Act (FISA) requests from the US government in the first half of 2016 alone – the highest number in the company’s recorded history


Microsoft bombarded with record number of US foreign intelligence requests in 2016
RT, 14 Apr, 2017 22:45
Microsoft received over 1,000 Foreign Intelligence Surveillance Act (FISA) requests from the US government in the first half of 2016 alone – the highest number in the company’s recorded history.
This was more than double the number of requests in the preceding six-month period the company stated in a Transparency report published online Thursday.
Microsoft also published a redacted National Security Letter the company received from the FBI. The correspondence sought specific user information and also functioned as a temporary gag order, preventing the corporation from disclosing the request to the public.
In 2015, Congress included additional transparency measures in the USA Freedom Act, allowing tech companies (such as Yahoo, Google, Facebook and Twitter) to publish similar letters from the FBI in recent months, reports The Hill.
Following a number of widely publicized leaks involving the scope of US intelligence gathering both at home and abroad, such practices by US authorities have come under increased scrutiny in recent months.   Read More

Monday, March 21, 2016

FBI says it might be able to unlock San Bernardino terrorist's iPhone without Apple's help

he U.S. government said Monday that it might have a way to unlock  the phone of one of the assailants in December's terror attack in San Bernardino without the help of Apple.
In making the announcement, the government asked for and received a delay in a Tuesday court hearing that was billed as a showdown in the FBI's effort to force Apple to help unlock the phone.
In a filing Monday afternoon, the FBI said it now needs time to investigate another possible way to unlock Syed Rizwan Farook's phone.
"On Sunday, March 20, 2016, an outside party demonstrated to the FBI a possible method for unlocking Farook’s iPhone," the U.S. attorney wrote in court papers. "Testing is required to determine whether it is a viable method that will not compromise data on Farook’s iPhone. If the method is viable, it should eliminate the need for the assistance from Apple Inc. set forth in the All Writs Act Order in this case."
Prosecutors asked that the hearing in Riverside federal court be put on hold "to provide time for testing the method."
The case has become a battleground in a broader dispute between elected officials, law enforcement and technology executives over how far companies must go in aiding criminal investigations.
A Justice Department spokeswoman said in a statement that federal authorities had continued to seek an alternative way to access the phone's contents even during the heated litigation and public back-and-forth with Apple. If the new method works, it would help investigators to continue looking into the Dec. 2 terrorist attack that killed 14 people and wounded 22, said Melanie R. Newman, director of the Justice Department's office of public affairs.
"We must first test this method to ensure it doesn't destroy the data on the phone, but we remain cautiously optimistic," she said.
Although FBI agents have stitched together much about Farook and his wife, Tashfeen Malik, who joined him in the attack, they say the confiscated phone might contain information that would help answer other questions, such as whether the killers had accomplices. Farook and Malik were killed in a shootout with police hours after the attack.
Prosecutors turned to the courts for help after Apple refused FBI requests that its engineers find a way to work around security measures built into the iPhone. Specifically, they wanted the company to write new software that, when uploaded to Farook’s phone, would bypass a security feature that renders the phone useless when more than 10 attempts are made to enter the phone’s four-digit pass code. 
With this done, agents planned to use a computer program to churn through the 10,000 possible pass codes until hitting upon the right one.
Jonathan Zdziarski, a leading expert on iPhone security, put the highest odds on federal authorities now giving a shot to copying a portion of the phone's memory that controls the password-guess counter. By constantly restoring the original copy of that data after every nine guesses, the agency potentially could avoid triggering the feature that makes the phone's contents inaccessible after 10 failed tries.
At the crux of the legal fight has been the All Writs Act, a sweeping, centuries-old law intended to provide judges the authority to issue orders when other avenues are unavailable.
Prosecutors have insisted the act provides a solid legal foundation for the judge to compel Apple to write new software to allow FBI agents to circumvent security features built into the iPhone Farook had used.
In its latest filing, Apple repeated its assertion that applying the act in this case would be wrong because it does not permit judges to make rulings that go beyond the limits of existing law.
Congress, Apple wrote, has considered passing legislation that would force companies to develop software at the government's behest, but rejected the idea.            LATimes