Schneier on Security

tomb • September 20, 2017 3:50 PM

For reference: Some conditions off the top of my head whereby domestic collection on US citizens is authorized for law enforcement, military, or domestic intelligence operatives.

1) Outsourcing collection or analysis to intelligence partners.
2) Spectral signatures (eg thermal) are unprotected under US domestic law provided that an average person could acquire the same collection and analysis abilities using off the shelf equipment.
3) The collecting agency ignores domestic law whether out of zeal or for bureaucratic purposes. In these cases, the Inevitable Discovery doctrine may be used to secure a conviction without explicitly making reference to illegally collected information. Alternately, illegal collection may be ordered for the purpose of lawfare against political adversaries.
3.5) A tactic increasingly used, one enabled by anti-terrorism provisions, is to take a case to trial without a public disclosure of evidence. Likewise, in some cases it is not even necessary for a jury or judge to have access to protected “national security secrets”.
4) Communications flow overseas. This may happen if a server is located outside the country where the request originates.
5) Communication is with a foreign individual whether or not there is suspicion of wrongdoing.
6) Communication is linked 2-3(?) degrees from the point of an investigation. For example, a friend of a friend is in contact with someone suspected of potentially being a terrorist/spy/organized crime operative.
7) Communication takes place on federal property(?) or involves certain types of federal employees and/or an individuals with security clearances.
8) You are a US citizen outside the United States.
9) Metadata is collected and analyzed by non-human/automated entities (eg PRISM).
10) George Bush’s and John Yoo’s “secret” interpretations of the US Constitution.
11) Coercing or otherwise incentivizing voluntary individual or corporate cooperation.
12) Use of low-ish key agencies like the DHS that blur the line between a foreign and domestic collection agency or otherwise serve as a “fusion center” or coordinator of intelligence agencies.
13) Others(?)