Entries Tagged "courts"

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Federal Judge Strikes Down National-Security-Letter Provision of Patriot Act

Article, ACLU press release, some legal commentary, and actual decision.

From the article:

The ACLU had challenged the law on behalf of an Internet service provider, complaining that the law allowed the FBI to demand records without the kind of court supervision required for other government searches. Under the law, investigators can issue so-called national security letters to entities like Internet service providers and phone companies and demand customers’ phone and Internet records.

In his ruling, Marrero said much more was at stake than questions about the national security letters.

He said Congress, in the original USA Patriot Act and less so in a 2005 revision, had essentially tried to legislate how the judiciary must review challenges to the law. If done to other bills, they ultimately could all “be styled to make the validation of the law foolproof.”

Noting that the courthouse where he resides is several blocks from the fallen World Trade Center, the judge said the Constitution was designed so that the dangers of any given moment could never justify discarding fundamental individual liberties.

He said when “the judiciary lowers its guard on the Constitution, it opens the door to far-reaching invasions of liberty.”

Regarding the national security letters, he said, Congress crossed its boundaries so dramatically that to let the law stand might turn an innocent legislative step into “the legislative equivalent of breaking and entering, with an ominous free pass to the hijacking of constitutional values.”

He said the ruling does not mean the FBI must obtain the approval of a court prior to ordering records be turned over, but rather must justify to a court the need for secrecy if the orders will last longer than a reasonable and brief period of time.

Note that judge immediately stayed his decision, pending appeal.

EDITED TO ADD (9/9): More legal commentary.

Posted on September 7, 2007 at 10:05 AM • View Comments

NASA Employees Sue over Background Checks

This is a big deal:

Jet Propulsion Laboratory scientists and engineers sued NASA and the California Institute of Technology on Thursday, challenging extensive new background checks that the space exploration center and other federal agencies began requiring in the wake of the Sept. 11 terror attacks.

[…]

But according to the lawsuit, the Commerce Department and NASA instituted requirements that employees and contractors permit sweeping background checks to qualify for credentials and refusal would mean the loss of their jobs.

NASA calls on employees to permit investigators to delve into medical, financial and past employment records, and to question friends and acquaintances about everything from their finances to sex lives, according to the suit. The requirements apply to everyone from janitors to visiting professors.

The suit claims violations of the U.S. Constitution’s 4th Amendment protection against unreasonable search and seizure, 14th Amendment protection against invasion of the right to privacy, the Administrative Procedure Act, the Privacy Act, and rights under the California Constitution.

Those in more sensitive positions are asked to disclose financial records, list foreign trips and give the government permission to view their medical history.

Workers also must sign a waiver giving investigators access to virtually all personal information.

[…]

“Many of the plaintiffs only agreed to work for NASA with the understanding that they would not have to work on classified materials or to undergo any type of security clearance,” the suit said.

More details here (check out the “Forum” if you’re really interested) and in this article.

Posted on September 4, 2007 at 12:56 PM • View Comments

Computer Forensics Case Study

This is a report on the presentation of computer forensic evidence in a UK trial.

There are three things that concern me here:

  1. The computer was operated by a police officer prior to forensic examination.
  2. The forensic examiner gave an opinion on what files construed “radical Islamic politics.”
  3. The presence of documents”in the “Windows Options” folders was construed as evidence that that someone wanted to hide those documents

In general, computer forensics is rather ad hoc. Traditional rules of evidence are broken all the time. But this seems like a pretty egregious example.

Posted on August 31, 2007 at 6:13 AM • View Comments

Stupidest Terrorist Overreaction Yet?

What? Are the police taking stupid pills?

Two people who sprinkled flour in a parking lot to mark a trail for their offbeat running club inadvertently caused a bioterrorism scare and now face a felony charge.

The competition is fierce, but I think this is a winner.

What bothers me most about the news coverage is that there isn’t even a suggestion that the authorities’ response might have been out of line.

Mayoral spokeswoman Jessica Mayorga said the city plans to seek restitution from the Salchows, who are due in court Sept. 14.

“You see powder connected by arrows and chalk, you never know,” she said. “It could be a terrorist, it could be something more serious. We’re thankful it wasn’t, but there were a lot of resources that went into figuring that out.”

Translation: We screwed up, and we want someone to pay for our mistake.

Posted on August 27, 2007 at 2:34 PM • View Comments

Interview with National Intelligence Director Mike McConnell

Mike McConnell, U.S. National Intelligence Director, gave an interesting interview to the El Paso Times.

I don’t think he’s ever been so candid before. For example, he admitted that the nation’s telcos assisted the NSA in their massive eavesdropping efforts. We already knew this, of course, but the government has steadfastly maintained that either confirming or denying this would compromise national security.

There are, of course, moments of surreality. He said that it takes 200 hours to prepare a FISA warrant. Ryan Single calculated that since there were 2,167 such warrants in 2006, there must be “218 government employees with top secret clearances sitting in rooms, writing only FISA warrants.” Seems unlikely.

But most notable is this bit:

Q. So you’re saying that the reporting and the debate in Congress means that some Americans are going to die?

A. That’s what I mean. Because we have made it so public. We used to do these things very differently, but for whatever reason, you know, it’s a democratic process and sunshine’s a good thing. We need to have the debate.

Ah, the politics of fear. I don’t care if it’s the terrorists or the politicians, refuse to be terrorized. (More interesting discussions on the interview here, here, here, here, here, and here.)

Posted on August 24, 2007 at 6:30 AM • View Comments

Wholesale Automobile Surveillance Comes to New York City

New York is installing an automatic toll-collection system for cars in the busiest parts of the city. It’s called congestion pricing, and it promises to reduce both traffic and pollution.

The problem is that it keeps an audit log of which cars are driving where. London’s congestion pricing system is already being used for counterterrorism purposes—and now for regular crime as well. The EZPass automatic toll collection system, used in New York and other places, has been used to prove infidelity in divorce court.

There are good reasons for having this system, but I am worried about another wholesale surveillance tool.

EDITED TO ADD (9/4): EZPass records have been used in criminal court as well.

Posted on August 17, 2007 at 6:48 AM • View Comments

Surveillance Cameras that Obscure Faces

From Technology Review:

A camera developed by computer scientists at the University of California, Berkeley, would obscure, with an oval, the faces of people who appear on surveillance videos. These so-called respectful cameras, which are still in the research phase, could be used for day-to-day surveillance applications and would allow for the privacy oval to be removed from a given set of footage in the event of an investigation.

An interesting privacy-enhancing technology.

Posted on June 26, 2007 at 7:41 AM • View Comments

4th Amendment Rights Extended to E-Mail

This is a great piece of news in the U.S. For the first time, e-mail has been granted the same constitutional protections as telephone calls and personal papers: the police need a warrant to get at it. Now it’s only a circuit court decision—the Sixth U.S. Circuit Court of Appeals in Ohio—it’s pretty narrowly defined based on the attributes of the e-mail system, and it has a good chance of being overturned by the Supreme Court…but it’s still great news.

The way to think of the warrant system is as a security device. The police still have the ability to get access to e-mail in order to investigate a crime. But in order to prevent abuse, they have to convince a neutral third party—a judge—that accessing someone’s e-mail is necessary to investigate that crime. That judge, at least in theory, protects our interests.

Clearly e-mail deserves the same protection as our other personal papers, but—like phone calls—it might take the courts decades to figure that out. But we’ll get there eventually.

Posted on June 25, 2007 at 4:13 PM • View Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.