Tag: fourth amendment

Metadata:

Simply put, metadata is data about data. It is descriptive information about a particular data set, object, or resource, including how it is formatted, and when and by whom it was collected. Although metadata most commonly refers to web resources, it can be about either physical or electronic resources.

Sounds harmless, so how bad could it be? According to mathematician and former Sun Microsystems engineer Susan Landau who was interviewed by Jane Mayer of The New Yorker, it’s worse than many might think:

“The public doesn’t understand,” she told me, speaking about so-called metadata. “It’s much more intrusive than content.” She explained that the government can learn immense amounts of proprietary information by studying “who you call, and who they call. If you can track that, you know exactly what is happening-you don’t need the content.”

For example, she said, in the world of business, a pattern of phone calls from key executives can reveal impending corporate takeovers. Personal phone calls can also reveal sensitive medical information: “You can see a call to a gynecologist, and then a call to an oncologist, and then a call to close family members.” And information from cell-phone towers can reveal the caller’s location. Metadata, she pointed out, can be so revelatory about whom reporters talk to in order to get sensitive stories that it can make more traditional tools in leak investigations, like search warrants and subpoenas, look quaint. “You can see the sources,” she said. When the F.B.I. obtains such records from news agencies, the Attorney General is required to sign off on each invasion of privacy. When the N.S.A. sweeps up millions of records a minute, it’s unclear if any such brakes are applied.

Metadata, Landau noted, can also reveal sensitive political information, showing, for instance, if opposition leaders are meeting, who is involved, where they gather, and for how long. Such data can reveal, too, who is romantically involved with whom, by tracking the locations of cell phones at night.

Ms. Landua joined Amy Goodman and Nermeen Shaikh on Democracy Now to explain just how intrusive the government’s collection of metadata is.

Originally posted at Voices on the Square

I’m so pissed i could spit, so consider this rant my virtual spitting.

I don’t care if the president is a registered Democrat – I’m not gonna play cutesy semantic games because of it. And I don’t care who started it – I’ve been pissed for a looong time about this. Now there is undeniable proof that all of our fears – fears that many of us were vocal about for more than a decade now – over what the Patriot Act could be used for are, in fact, well grounded and not some tin foil conspiracy theory. And don’t get me wrong – this is SPYING on the entire populace. Period. They may not have listened to your phone calls – YET – but they have no legitimate reason to have scooped them all up in the first place. None. This kind of overreach is EXACTLY the kind of thing (at least in spirit) the founders had in mind when they put that Fourth Amendment in the Bill of Rights.

I don’t care that technology makes it easy to do. We have a need for privacy and there is a pretty clear penumbra of privacy in the Bill of Rights. No need for privacy you say? How far do you think the Founders would have gotten if the British government did this kind of spying? How many slaves would have been able to be moved through the Underground Railroad if government had had this level of legal access to all communications?

Yeah – I don’t care if it was legal. 15 years ago it was not legal and would have been considered an affront to our Constitutionally guaranteed (a guarantee that seems quaint and antiquated now) civil liberties. That the Big Brother government has managed to tailor a law to allow them to legally get away with suspect behavior does not make it a good thing or an ethical thing. Tailoring a law to make behavior legal is what the Bush Admin did with torture. And lest we all forget – slavery was legal once too…

I don’t care if some companies have access to that information. My phone company has an interest in having my phone records – they bill me for them. The government on the other hand has no legitimate vested interest in my phone records. Marketing firms track my web surfing, fine. It bothers me, but they don’t have much power over me at all. Government on the other hand has an exponentially large amount of power over me and history is littered with examples of governments exercising that power in myriad negative ways. So yeah, companies have various facets of this info on me, but now government has the legality and apparently the want to have ALL of these various facets of information on me. Like a dossier, we all have our own private FBI file now – and not for bad or suspect behavior – just for simply existing in this country.

So our Big Brother government HAS to SPY on all of our phone calls in order to make us “safe”. God Orwell would be rolling over in his grave if he saw how much life was imitating art.

The Senate will not vote on the Cyber Intelligence Sharing and Protection Act, CISPA, that was passed by the House last week.

Sen. Jay Rockefeller (D-W.V.), who is chairman of the Senate Commerce Committee, “believes that information sharing is a key component of cybersecurity legislation, but the Senate will not take up CISPA,” a committee staffer told HuffPost.

A staffer for the Senate Intelligence Committee said the committee also is working on an information-sharing bill and will not take up CISPA.

“We are currently drafting a bipartisan information sharing bill and will proceed as soon as we come to an agreement,” Sen. Dianne Feinstein (D-Calif.), chairwoman of the Senate Intelligence Committee, said in a statement Thursday.

CISPA Is ‘Dead for Now,’ Thanks to a Left-Right Coalition for Online Privacy

by John Nichols, The Nation

What brings the most seriously libertarian Republican in the US House, Michigan’s Justin Amash, together with Congressional Progressive Caucus co-chair Keith Ellison, D-Minnesota?

What unites long-time Ronald Reagan aide Dana Rohrabacher, R-California, with liberal firebrand Alan Grayson, D-Florida?

What gets steadily conservative former House Judiciary Committee chair James Sensenbrenner, R-Wisconsin, together with progressive former House Judiciary Committee chair John Conyers Jr., D-Michigan?

The Fourth Amendment to the Constitution, which has for 222 years promised that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

That’s an old commitment that members of Congress swear an oath to uphold. [..]

CISPA actually won 288 “yes” votes in the House, but the 127 “no” votes-coming from principled members on both sides of the aisle-sent a strong message to the more deliberative Senate. In combination with a grassroots campaign spearheaded by tech-savvy privacy activists and a threatened veto by President Obama, the bipartisan House opposition appears to have convinced Senate leaders have signaled that they plan to put the legislation on hold. The American Civil Liberties Union on Thursday suggestion that CISPA looks to be “dead for now.”

ACLU: CISPA Is Dead (For Now)

By Jason Koebler, US News

The Senate will not take up the controversial cybersecurity bill, is drafting separate legislation

“I think it’s dead for now,” says Michelle Richardson, legislative council with the ACLU. “CISPA is too controversial, it’s too expansive, it’s just not the same sort of program contemplated by the Senate last year. We’re pleased to hear the Senate will probably pick up where it left off last year.”

That’s not to say Congress won’t pass any cybersecurity legislation this year. Both Rockefeller and President Obama want to give American companies additional tools to fight back against cyberattacks from domestic and foreign hackers.

But cybersecurity legislation in the Senate, such as the Cybersecurity and American Cyber Competitiveness Act of 2013, has greater privacy protections than CISPA does. Richardson says that bill makes it clear that companies would have to “pull out sensitive data [about citizens]” before companies send it to the government and also puts the program under “unequivocal civilian control,” something CISPA author Rep. Mike Rogers, R-Mich., was unwilling to do.

Even if the Senate gets something done, Rogers and other CISPA supporters will likely have to compromise more than they’ve been willing to over the past year as Obama has made it clear he will veto legislation that doesn’t have more privacy protections.

CISPA Is Dead. Now Let’s Do a Cybersecurity Bill Right

by Julian Sanchez, Wired

Americans have grown so accustomed to hearing about the problem of “balancing privacy and security” that it sometimes feels as though the two are always and forever in conflict – that an initiative to improve security can’t possibly be very effective unless it’s invading privacy. Yet the conflict is often illusory: A cybersecurity law could easily be drafted that would accomplish all the goals of both tech companies and privacy groups without raising any serious civil liberties problems.

Few object to what technology companies and the government say they want to do in practice: pool data about the activity patterns of hacker-controlled “botnets,” or the digital signatures of new viruses and other malware. This information poses few risks to the privacy of ordinary users. Yet CISPA didn’t authorize only this kind of narrowly limited information sharing. Instead, it gave companies blanket immunity for feeding the government vaguely-defined “threat indicators” – anything from users’ online habits to the contents of private e-mails – creating a broad loophole in all federal and state privacy laws and even in private contracts and user agreements.

Given that recent experience has shown companies shielded by secrecy often err on the side of oversharing with the government, that loophole was a key concern. So why the gap between what the law permits and its supporters’ aims?

It’s a principle wonks call tech neutrality. Nobody wants to write a bill that refers too specifically to the information needed to protect current networks (like “Internet Protocol addresses” or “Netflow logs”) since technological evolution would render such language obsolete over time.

Thanks to five out of nine Supreme Court justices at the urging of the Obama administration that’s what 14 million Americans a year can expect to hear when they get arrested and sent to jail.  That includes several hundred thousand people per year arrested for minor infractions, everything from having unpaid traffic tickets to, oh, what is it that protesters get charged with… disorderly conduct, public nuisance or irritating an idiot that has mistakenly been issued a badge, a gun and a can of mace.

Supreme court justices allow for routine strip-searches of inmates in US jails

By a 5-4 vote and splitting along conservative-liberal ideological lines, the high court ruled that privacy rights involving the searches were outweighed by security concerns by jails about a suspect hiding drugs, weapons or other contraband.

The decision could have broad impact as nearly 14 million Americans spend time in jail or prison every year, including an estimated 700,000 people in jail for less serious misdemeanor offenses.

The justices upheld a ruling by a US appeals court based in Philadelphia that it was reasonable to search everyone entering a jail, even without suspicion of any criminal activity.

The decision was a victory for the jails and for the Obama administration, which argued for an across-the-board rule allowing strip-searches of all those entering the general jail population, even those arrested on minor offenses.

In Justice Breyer’s dissent in Florence vs Board of Chosen Freeholders he makes clear just what sort of searches that the Supreme Court at the urging of the Obama administration has given a blanket imprimatur to:

‘a visual inspection of the inmate’s naked body. This should include the inmate opening his mouth and moving his tongue up and down and from side to side, removing any dentures, running his hands through his hair, allowing his ears to be visually examined, lifting his arms to expose his arm pits, lifting his feet to examine the sole, spreading and/or lifting his testicles to expose the area behind them and bending over and/or spreading the cheeks of his buttocks to expose his anus. For females, the procedures are similar except females must in addition, squat to expose the vagina.’

Remember those full body scanners?  Guess what?  They’re goin’ MOBILE:

From Forbes,

American Science & Engineering, a company based in Billerica, Massachusetts, has sold U.S. and foreign government agencies more than 500 backscatter x-ray scanners mounted in vans that can be driven past neighboring vehicles to see their contents, Joe Reiss, a vice president of marketing at the company told me in an interview. While the biggest buyer of AS&E’s machines over the last seven years has been the Department of Defense operations in Afghanistan and Iraq, Reiss says law enforcement agencies have also deployed the vans to search for vehicle-based bombs in the U.S.

“This product is now the largest selling cargo and vehicle inspection system ever,” says Reiss.

Wowsers.  That’s creepy.  What’s even creepier? This.  Detecting “illegal immigrants” and drugs in vehicles?  What do they see that they don’t report?

One can only imagine the “terror baby” Republicans driving these trucks around or the anti-marijuana folks scanning for DFHs.  I await the fourth amendment interpretation under the Roberts court.