Entries Tagged "surveillance"

Page 84 of 88

Giving the U.S. Military the Power to Conduct Domestic Surveillance

More nonsense in the name of defending ourselves from terrorism:

The Defense Department has expanded its programs aimed at gathering and analyzing intelligence within the United States, creating new agencies, adding personnel and seeking additional legal authority for domestic security activities in the post-9/11 world.

The moves have taken place on several fronts. The White House is considering expanding the power of a little-known Pentagon agency called the Counterintelligence Field Activity, or CIFA, which was created three years ago. The proposal, made by a presidential commission, would transform CIFA from an office that coordinates Pentagon security efforts—including protecting military facilities from attack—to one that also has authority to investigate crimes within the United States such as treason, foreign or terrorist sabotage or even economic espionage.

The Pentagon has pushed legislation on Capitol Hill that would create an intelligence exception to the Privacy Act, allowing the FBI and others to share information gathered about U.S. citizens with the Pentagon, CIA and other intelligence agencies, as long as the data is deemed to be related to foreign intelligence. Backers say the measure is needed to strengthen investigations into terrorism or weapons of mass destruction.

The police and the military have fundamentally different missions. The police protect citizens. The military attacks the enemy. When you start giving police powers to the military, citizens start looking like the enemy.

We gain a lot of security because we separate the functions of the police and the military, and we will all be much less safer if we allow those functions to blur. This kind of thing worries me far more than terrorist threats.

Posted on November 28, 2005 at 2:11 PM • View Comments

European Terrorism Law and Music Downloaders

The European music industry is lobbying the European Parliament, demanding things that the RIAA can only dream about:

The music and film industries are demanding that the European parliament extends the scope of proposed anti-terror laws to help them prosecute illegal downloaders. In an open letter to MEPs, companies including Sony BMG, Disney and EMI have asked to be given access to communications data – records of phone calls, emails and internet surfing – in order to take legal action against pirates and filesharers. Current proposals restrict use of such information to cases of terrorism and organised crime.

Our society definitely needs a serious conversation about the fundamental freedoms we are sacrificing in a misguided attempt to keep us safe from terrorism. It feels both surreal and sickening to have to defend our fundamental freedoms against those who want to stop people from sharing music. How is it possible that we can contemplate so much damage to our society simply to protect the business model of a handful of companies?

Posted on November 27, 2005 at 12:20 PM • View Comments

Surveillance and Oversight

Christmas 2003, Las Vegas. Intelligence hinted at a terrorist attack on New Year’s Eve. In the absence of any real evidence, the FBI tried to compile a real-time database of everyone who was visiting the city. It collected customer data from airlines, hotels, casinos, rental car companies, even storage locker rental companies. All this information went into a massive database—probably close to a million people overall—that the FBI’s computers analyzed, looking for links to known terrorists. Of course, no terrorist attack occurred and no plot was discovered: The intelligence was wrong.

A typical American citizen spending the holidays in Vegas might be surprised to learn that the FBI collected his personal data, but this kind of thing is increasingly common. Since 9/11, the FBI has been collecting all sorts of personal information on ordinary Americans, and it shows no signs of letting up.

The FBI has two basic tools for gathering information on large groups of Americans. Both were created in the 1970s to gather information solely on foreign terrorists and spies. Both were greatly expanded by the USA Patriot Act and other laws, and are now routinely used against ordinary, law-abiding Americans who have no connection to terrorism. Together, they represent an enormous increase in police power in the United States.

The first are FISA warrants (sometimes called Section 215 warrants, after the section of the Patriot Act that expanded their scope). These are issued in secret, by a secret court. The second are national security letters, less well known but much more powerful, and which FBI field supervisors can issue all by themselves. The exact numbers are secret, but a recent Washington Post article estimated that 30,000 letters each year demand telephone records, banking data, customer data, library records, and so on.

In both cases, the recipients of these orders are prohibited by law from disclosing the fact that they received them. And two years ago, Attorney General John Ashcroft rescinded a 1995 guideline that this information be destroyed if it is not relevant to whatever investigation it was collected for. Now, it can be saved indefinitely, and disseminated freely.

September 2005, Rotterdam. The police had already identified some of the 250 suspects in a soccer riot from the previous April, but most were unidentified but captured on video. In an effort to help, they sent text messages to 17,000 phones known to be in the vicinity of the riots, asking that anyone with information contact the police. The result was more evidence, and more arrests.

The differences between the Rotterdam and Las Vegas incidents are instructive. The Rotterdam police needed specific data for a specific purpose. Its members worked with federal justice officials to ensure that they complied with the country’s strict privacy laws. They obtained the phone numbers without any names attached, and deleted them immediately after sending the single text message. And their actions were public, widely reported in the press.

On the other hand, the FBI has no judicial oversight. With only a vague hinting that a Las Vegas attack might occur, the bureau vacuumed up an enormous amount of information. First its members tried asking for the data; then they turned to national security letters and, in some cases, subpoenas. There was no requirement to delete the data, and there is every reason to believe that the FBI still has it all. And the bureau worked in secret; the only reason we know this happened is that the operation leaked.

These differences illustrate four principles that should guide our use of personal information by the police. The first is oversight: In order to obtain personal information, the police should be required to show probable cause, and convince a judge to issue a warrant for the specific information needed. Second, minimization: The police should only get the specific information they need, and not any more. Nor should they be allowed to collect large blocks of information in order to go on “fishing expeditions,” looking for suspicious behavior. The third is transparency: The public should know, if not immediately then eventually, what information the police are getting and how it is being used. And fourth, destruction. Any data the police obtains should be destroyed immediately after its court-authorized purpose is achieved. The police should not be able to hold on to it, just in case it might become useful at some future date.

This isn’t about our ability to combat terrorism; it’s about police power. Traditional law already gives police enormous power to peer into the personal lives of people, to use new crime-fighting technologies, and to correlate that information. But unfettered police power quickly resembles a police state, and checks on that power make us all safer.

As more of our lives become digital, we leave an ever-widening audit trail in our wake. This information has enormous social value—not just for national security and law enforcement, but for purposes as mundane as using cell-phone data to track road congestion, and as important as using medical data to track the spread of diseases. Our challenge is to make this information available when and where it needs to be, but also to protect the principles of privacy and liberty our country is built on.

This essay originally appeared in the Minneapolis Star-Tribune.

Posted on November 22, 2005 at 6:06 AM • View Comments

The FBI is Spying on Us

From TalkLeft:

The Washington Post reports that the FBI has been obtaining and reviewing records of ordinary Americans in the name of the war on terror through the use of national security letters that gag the recipients.

Merritt’s entire post is worth reading.

The closing:

The ACLU has been actively litigating the legality of the National Security Letters. Their latest press release is here.

Also, the ACLU is less critical than I am of activity taking place in Congress now where conferees of the Senate and House are working out a compromise version of Patriot Act extension legislation that will resolve differences in versions passed by each in the last Congress. The ACLU reports that the Senate version contains some modest improvements respecting your privacy rights while the House version contains further intrusions. There is still time to contact the conferees. The ACLU provides more information and a sample letter here.

History shows that once new power is granted to the government, it rarely gives it back. Even if you wouldn’t recognize a terrorist if he were standing in front of you, let alone consort with one, now is the time to raise your voice.

EDITED TO ADD: Here’s a good personal story of someone’s FBI file.

EDITED TO ADD: Several people have written to tell me that the CapitolHillBlue website, above, is not reliable. I don’t know one way or the other, but consider yourself warned.

Posted on November 7, 2005 at 3:13 PM • View Comments

Instantaneous Data Grabbing

I think this is a harbinger of the future:

A high roller walks into the casino, ever so mindful of the constant surveillance cameras. Wanting to avoid sales pitches and other unwanted attention, he pays cash at each table and anonymously moves around frequently to discourage people who are trying to track his movements.

After a few hours of losses, he goes to the cashier and asks for a cash advance off of his credit card. The card tells the casino his name, but not much else. As is required by card issuers, the cashier asks for some other identification, such as a driver’s license. That license offers the casino a ton of CRM identification goodies, but the cashier is only supposed to glance at the picture and the name to verify identity and hand the license—and its info treasure trove—back to the gambler.

Not any more, at least if a Minneapolis company called Cash Systems Inc. has anything to say about it. The firm was recently awarded a U.S. patent for a device that can grab all of the data of almost any U.S. driver’s license in seconds and instantly dump it into a casino’s CRM system.

On the one hand, the technology isn’t very interesting; it’s probably just a camera and some OCR software optimized for driver’s licenses. But what is interesting is that the technology is available as a mass-market product.

Where else do you routinely show your ID? Who else might want all that information for marketing purposes?

Posted on November 7, 2005 at 7:45 AM • View Comments

A 24/7 Wireless Tracking Network

It’s at MIT:

MIT’s newly upgraded wireless network—extended this month to cover the entire school—doesn’t merely get you online in study halls, stairwells or any other spot on the 9.4 million square foot campus. It also provides information on exactly how many people are logged on at any given location at any given time.

It even reveals a user’s identity if the individual has opted to make that data public.

MIT researchers did this by developing electronic maps that track across campus, day and night, the devices people use to connect to the network, whether they’re laptops, wireless PDAs or even Wi-Fi equipped cell phones.

WiFi is certainly a good technology for this sort of massive surveillance. It’s an open and well-standardized technology that allows anyone to go into the surveillance business. Bluetooth is a similar technology: open and easy to use. Cell phone technologies, on the other hand, are closed and proprietary. RFID might be the preferred surveillance technology of the future, depending on how open and standardized it becomes.

Whatever the technology, privacy is a serious concern:

While every device connected to the campus network via Wi-Fi is visible on the constantly refreshed electronic maps, the identity of the users is confidential unless they volunteer to make it public.

Those students, faculty and staff who opt in are essentially agreeing to let others track them.

“This raises some serious privacy issues,” Ratti said. “But where better than to work these concerns out but on a research campus?”

Rich Pell, a 21-year-old electrical engineering senior from Spartanburg, S.C., was less than enthusiastic about the new system’s potential for people monitoring. He predicted not many fellow students would opt into that.

“I wouldn’t want all my friends and professors tracking me all the time. I like my privacy,” he said. “I can’t think of anyone who would think that’s a good idea. Everyone wants to be out of contact now and then.”

Posted on November 4, 2005 at 12:44 PM • View Comments

Eavesdropping Through a Wall

From The New Scientist:

With half a century’s experience of listening to feeble radio signals from space, NASA is helping US security services squeeze super-weak bugging data from Earth-bound buildings.

It is easy to defeat ordinary audio eavesdropping, just by sound-proofing a room. And simply drawing the curtains can defeat newer systems, which shine a laser beam onto a glass window and decode any modulation of the reflected beam caused by sound vibrations in the room.

So the new “through-the-wall audio surveillance system” uses a powerful beam of very high frequency radio waves instead of light. Radio can penetrate walls – if they didn’t, portable radios wouldn’t work inside a house.

The system uses a horn antenna to radiate a beam of microwave energy –between 30 and 100 gigahertz – through a building wall. If people are speaking inside the room, any flimsy surface, such as clothing, will be vibrating. This modulates the radio beam reflected from the surface.

Although the radio reflection that passes back through the wall is extremely faint, the kind of electronic extraction and signal cleaning tricks used by NASA to decode signals in space can be used to extract speech.

Here’s the patent, and here’s a Slashdot thread on the topic.

Wow. (If it works, that is.)

Posted on October 26, 2005 at 3:12 PM • View Comments

FBI Abuses of the USA Patriot Act

Since the Patriot Act was passed, administration officials have repeatedly assured the public and Congress that there have not been improper uses of that law. As recently as April 27, 2005, Attorney General Alberto Gonzales testified that “there has not been one verified case of civil liberties abuse.”

However:

Documents obtained by EPIC from the FBI describe thirteen cases of possible misconduct in intelligence investigations. The case numbering suggests that there were at least 153 investigations of misconduct at the FBI in 2003 alone.

These documents reveal that the Intelligence Oversight Board has investigated many instances of alleged abuse, and perhaps most critically, may not have disclosed these facts to the Congressional oversight committees charged with evaluating the Patriot Act.

According to The Washington Post

In one case, FBI agents kept an unidentified target under surveillance for at least five years—including more than 15 months without notifying Justice Department lawyers after the subject had moved from New York to Detroit. An FBI investigation concluded that the delay was a violation of Justice guidelines and prevented the department “from exercising its responsibility for oversight and approval of an ongoing foreign counterintelligence investigation of a U.S. person.”

In other cases, agents obtained e-mails after a warrant expired, seized bank records without proper authority and conducted an improper “unconsented physical search,” according to the documents.

Although heavily censored, the documents provide a rare glimpse into the world of domestic spying, which is governed by a secret court and overseen by a presidential board that does not publicize its deliberations. The records are also emerging as the House and Senate battle over whether to put new restrictions on the controversial USA Patriot Act, which made it easier for the government to conduct secret searches and surveillance but has come under attack from civil liberties groups.

EPIC received these documents under FOIA, and has written to the Senate Judiciary Committee to urge hearings on the matter, and has recommended that the Attorney General be required to report to Congress when the Intelligence Oversight Board receives allegations of unlawful intelligence investigations.

This week marks the four-year anniversary of the enactment of the Patriot Act. Does anyone feel safer because of it?

EDITED TO ADD: There’s a New York Times article on the topic.

Posted on October 25, 2005 at 7:09 AM • View Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.