• Judges question claims that NSA metadata collection poses threat to ordinary citizens

    A panel of three judges on the U.S. Court of Appeals for the District of Columbia challenged arguments made earlier this week by Larry Klayman, a conservative lawyer arguing on his own behalf, and Cindy Cohn, an attorney representing the Electronic Frontier Foundation (EFF) and the American Civil Liberties Union (ACLU), that the National Security Agency’s (NSA) mass-surveillance program is a breach of the Fourth Amendment, which protects against unreasonable searches.The case, Klayman v. Obama, is one of three currently at the appeals-court level regarding the NSA surveillance program.In the D.C. Circuit Court of Appeals, Judges Stephen Williams and David Sentelle voiced skepticism about claims that collecting metadata posed a threat to ordinary citizens.

  • Law enforcement: Apple iOS 8 software would hinder efforts to keep public safety

    With its new iOS 8 operating software, Apple is making it more difficult for law enforcement to engage in surveillance of users of iOS8 smartphones. Apple has announced that photos, e-mail, contacts, and other personal information will now be encrypted, using the user’s very own passwords — meaning that Apple will no longer be able to respond to government warrants for the extraction of data.

  • Leaked documents reveal law enforcement hacking methods

    Through the sourcing of a leaked documents cache from the Italian firm Hacking Team, members of the University of Toronto’s Citizen Lab have revealed the methods of law-enforcement hackers. While much of Snowden’s revelations concerned broad international surveillance, documents from Hacking Team reveal more specific methods such as the actual techniques for tapping phones and computers to operate as eavesdropping devices.

  • Judge rules use of NSA surveillance-based information in terrorist case is legal

    Lawyers for Mohamed Mohamud, a U.S. citizen who lived in Oregon, have been denied a motion to dismiss his terrorism conviction, with the court affirming the legality of the U.S. government’s bulk phone and e-mail data collection of foreign nationals living overseas. Mohamud’s defense team claimed the surveillance violated his constitutional rights, and that federal prosecutors did not make available to the defense evidence obtained via the surveillance. U.S. District Judge Garr King upheld Mohamud’s conviction, saying that suppressing the evidence collected through NSA surveillance “and a new trial would put defendant in the same position he would have been in if the government notified him of the (surveillance) at the start of the case.”

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  • Arizona lawmaker pushes measure to limit NSA operations in the state

    Arizona State Senator Kelli Ward, a tea party Republican representing the Lake Havasu area, is pushing a bill in the State Senate which would impose limits on the ability of the NSA to operate in Arizona. In December Ward became the first legislator in the nation to declare she would introduce legislation to limit NSA activities in the state, and so far legislators in twelve other states have introduced similar bills. Arizona SB 1156 would. Among other things, prohibit local and state law enforcement officials from cooperating with the NSA and would prevent state or local prosecutors from using NSA-collected information which had not been obtained with a warrant. The bill would also withhold funds from state universities and colleges supporting the NSA with research or recruitment. Legal scholars say the courts would in all likelihood strike down Ward’s measure because Arizona, in essence, is trying to regulate the federal government.

  • A first: Constitutionality of NSA warrantless surveillance challenged by terrorism suspect

    Jamshid Muhtorov, a refugee from Uzbekistan now facing terrorism charges in Colorado, is the first criminal defendant who, as part of his lawyers’ defense strategy, is challenging the constitutionality of the NSA’s warrantless surveillance program. Muhtorov filed a motion Wednesday in federal court in Denver to suppress any evidence obtained through the agency’s surveillance program on grounds that it was unlawful. In July 2013 the Justice Department reversed an earlier policy, and now informs defendants whether the case against them, in whole or in part, is based on information obtained through warrantless surveillance. To date, six months after the review process at Justice was launched, Muhtorov and Mohamed Mohamud, a Portland, Oregon teenager who had been convicted after an FBI sting operation of attempting to detonate a bomb at a Christmas tree lighting ceremony, are the only defendants to receive such a disclosure.

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  • A first: Judge in terrorism case rules defense may examine government secret FISA application

    U.S. District Judge Sharon Johnson Coleman ruled yesterday (Wednesday) that the U.S. government cannot keep secret its request to conduct clandestine surveillance of an accused would-be terrorist. The ruling gives defense attorneys an unprecedented access to a request made to the Foreign Intelligence Surveillance Act (FISA) court for permission to spy on an American citizen. Judge Coleman said her ruling is the first time a defendant’s lawyers will be given access to an application prosecutors submitted to the FISA court. Security experts warned that opening FISA applications to review in a criminal case may set a dangerous precedent.

  • Minnesota wants to limit law-enforcement use of wireless tracking devices

    The Minnesota Department of Public Safety’s acquisition of Kingfish and Stingray II wireless surveillance devices has come under scrutiny as the department’s Bureau of Criminal Apprehension(BCA) has used the devices in investigations. Some legislators are considering placing limits on law enforcement’s use of the data captured by the devices because of concerns over who has access to the data and how long it is being kept.

  • Expert calls for “surveillance minimization” to restore public trust

    Surveillance minimization — where surveillance is the exception, not the rule — could help rebuild public trust following revelations about the collection of personal data, according to an expert on privacy and surveillance. “Surveillance minimization requires surveillance to be targeted rather than universal, controlled and warranted at the point of data gathering rather than of data access, and performed for the minimum necessary time on the minimum necessary people,” he says.

  • Obama announces reforms of U.S. intelligence data collection practices

    President Barack Obama on Friday called for a “new approach” by the U.S. intelligence community to the collection of Americans’ phone metadata. The major changes in current practices involve storage of and access to bulk metadata; the presence of a public advocate during FISA court deliberations; new privacy protections for non-Americans; and new restrictions on spying on leaders of allied countries. Obama offered a robust defense of the U.S. intelligence services, saying that there was no evidence they had abused their power, and that many of their methods were necessary to protect Americans. “We will not apologize simply because our services may be more effective,” he said. The president pointedly noted that some countries that “have loudly criticized the NSA privately acknowledge that America has special responsibilities as the world’s only superpower . . . and that they themselves have relied on the information we obtain to protect their own people.”

  • NSA’s bulk collection programs’ contribution to thwarting terrorism minimal: study

    There are two questions about the NSA’s bulk information collection programs: are these programs legal? Are they effective? On the second questions, supporters of the programs say these surveillance measures are essential, and as proof they claim these programs helped thwart more than fifty potential terrorist attacks in more than twenty countries around the world. A new in-depth analysis shows, however, that these claims are overblown and even misleading. The study of 225 individuals recruited by al-Qaeda, or a like-minded group, or inspired by al-Qaeda’s ideology, and charged in the United States with an act of terrorism since 9/11, demonstrates that traditional investigative methods provided the initial impetus for investigations in the majority of cases, while the contribution of NSA’s bulk surveillance programs to these cases was minimal.

  • Review panel calls for prohibiting NSA bulk collection of phone metadata

    A 300-page report prepared for President Barack Obama made forty-six recommendations for better management of, and different guiding rules for, U.S. surveillance programs. Among the report’s recommendations: The NSA should be banned from attempting to undermine the security of the Internet and prohibited from collecting telephone records in bulk; spying on foreign leaders should require an authorization from a higher level then is currently the case; the government should be banned from undermining encryption. The president will announce by 28 January which of the forty-six recommendations he would accept.

  • NSA planted sleeper malware in 50,000 computer networks

    The NSA has planted 50,000 sleeper malware packages – in effect, digital sleeper agents – in more than 50,000 computer networks around the world. The agents, controlled by the NSA’s Tailored Access Operations (TAO) unit, can be activated on command to harvest information of cause disruption. To plant the digital agents, the NSA employed methods typically used by Internet scammers and fraudsters.

  • DoD sound protection standards for secret spaces are insufficient

    What is the best place to conduct a conversation about a confidential or even classified matter? Surprisingly, probably not a conference room designed in accordance with acoustical criteria approved by the Department of Defense (DOD). While such “secret” rooms — intended to keep sensitive information out of the earshot of unauthorized listeners — might meet DOD standards, they offer less protection against snooping than is found in a luxury condo.

  • Digital privacy services enjoying a surge in demand

    Digital privacy services such as encrypted e-mail, secure instant messaging, and services that provide hard-to-track IP addresses are enjoying a surge in demand as individuals and businesses seek to protect information from spies and hackers in the wake of the National Security Agency’s (NSA) surveillance program revelations. These services promise security, but may also slow down computer performance. Moreover, they are not likely to deter those who are determined to hack into a particular computer network.