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Daily Archives: October 8, 2014
NSA Digging Fiber Optic Cable to my House – Video
Posted: October 8, 2014 at 7:48 pm
NSA Digging Fiber Optic Cable to my House
These look like construction workers but are actually agents of the United States National Security Agency. The high tech surveillance equipment they are burying is causing bees and birds to...
By: Garth Kiser
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NSA IT, a better interface for CBP, data worries and more
Posted: at 7:48 pm
NSA looks to IT to lock down systems, protect privacy
The National Security Agency spent about $30 million and devoted 300 people to compliance efforts in 2013, according to the Oct. 7 report of the agency's Civil Liberties and Privacy Office.
The recent report covers signals intelligence collection for foreign intelligence and counterintelligence authorized under Executive Order 12333, and specifically the rights of U.S. persons whose data is caught up in the NSA dragnet. The NSA uses a mix of training, compliance procedures, and compartmentalization of activities as part of overall efforts to minimize exposure of data on U.S. persons to unauthorized use. From an IT perspective, NSA efforts address data privacy and insider threat concerns. The NSA is researching in an area called Private Information Retrieval with the goal of improving "data security and privacy protection by cryptographically preventing unauthorized users from accessing protected data," per the report. The research taps commercial technology to secure the computing environment, validate program activity, secure searches, and minimize harm when adverse activity is detected.
The CLPO was established in Jan. 2014 to "ensure that civil liberties and privacy protection considerations are integrated into NSA's mission activities."
Scott Belcher, president and CEO of the Intelligent Transportation Society of America, was named CEO of the Telecommunications Industry Association. He will step into the newly created post Nov. 9.
Belcher's diverse management experience spans 25 years and covers both public- and private-sector roles -- including a seven year term with ITS America, four years as executive vice president and general counsel for the National Academy of Public Administration and five years as managing director for environmental affairs and associate general counsel for the Air Transport Association, according to his LinkedIn profile.
Customs and Border Protection has added a new automated broker's interface query capability to its automated commercial environment, which allows international shippers to request cargo, manifest and entry record status information on file in the ACE system. The query capability, said the agency, will be available on Oct. 18 for ABI filers.
According to CBP, the capabilities the new cargo query will provide include processing status for an ACE cargo release entry, cargo manifest details and other key shipping data. The agency has set Oct. 1, 2015, as the deadline for mandatory use of ACE for all electronic filings in its cargo processing system.
Social media giant Twitter sued the U.S. government on Oct. 7, alleging that restrictions on disclosures of the scope of government surveillance of Twitter users are unconstitutional.
The lawsuit, filed in a U.S. District Court in San Francisco, alleged that "the U.S. government engages in extensive but incomplete speech about the scope of its national security surveillance activities as they pertain to U.S. communications providers, while at the same time prohibiting service providers such as Twitter from providing their own."
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NSA tech spying hurts economy, senator says
Posted: at 7:48 pm
PALO ALTO -- A leading Senate critic of online surveillance wants the government to stop widespread spying on phone calls, texts and emails, saying the "digital dragnet" doesn't make the country safer, and only hurts the U.S. economy.
"When the actions of a foreign government threaten red-white-and-blue jobs, Washington gets up at arms. But, even today, almost no one in Washington is talking about how overly broad surveillance is hurting the U.S. economy," said Sen. Ron Wyden, D-Ore., in remarks prepared for a Senate Finance Committee event in Palo Alto, California on Wednesday.
Wyden convened the roundtable, which also includes Google Executive Chairman Eric Schmidt and top corporate attorneys from Facebook and Microsoft, to discuss the economic fallout from the surveillance programs revealed last year by former National Security Agency contractor Edward Snowden.
Tech executives and industry experts warned those revelations would hurt Silicon Valley companies by making consumers and business customers fearful that U.S. companies can't protect sensitive data from government prying. Some analysts estimated last year that U.S. tech companies could lose tens of billions of dollars in sales, particularly after European firms began marketing themselves as being more secure than U.S. competitors -- or less vulnerable to legal demands from the U.S. government.
"We're going to end up breaking the Internet," Google's Schmidt said in his opening remarks, complaining that U.S. programs have prompted some foreign governments to talk about requiring Internet data and services to be housed within their own countries. He said Germany and other nations have lost trust in America, "and it's affecting our industry very strongly."
Most of the reported impact, to date, has been anecdotal. A few companies, including Cisco and Qualcomm, have said they believe they lost some deals in China and other emerging markets because of concerns about U.S. spying. Tech startups and telecommunications companies in France and Switzerland have claimed an increase in sales to customers who are wary of U.S. providers.
It's difficult to quantify the losses because "companies don't always know about the deals that they weren't invited to be a part of," said Daniel Castro, a senior analyst at the nonprofit Information Technology and Innovation Foundation. Castro estimated last year that losses to U.S. tech companies could amount to $35 billion by 2016. He said this week he believes his estimate is still valid.
Wyden has called for strict controls on the NSA and has complained that a pending reform bill, authored by Sen. Patrick Leahy, D-Vt., doesn't go far enough to restrict so-called "back-door" or warrantless searches of emails and online communications by Americans. The Obama administration has endorsed the Leahy bill, while defending government surveillance programs as narrowly defined and necessary for tracking foreign terrorist suspects. Wyden is backing a separate bill that would increase the authority of the government's new Privacy and Civil Liberties Oversight Board.
A coalition of leading online companies including Google, Facebook, Apple and Microsoft are urging Congress to pass reform. The companies say they've also taken steps to beef up their own security measures, through encryption and other methods intended to rebuff snooping by individual hackers or government agencies.
That's put Silicon Valley at odds with federal authorities. Attorney General Eric Holder, who announced last month that he is leaving the Justice Department, has complained that recent encryption moves by Apple and Google could hinder vital law enforcement investigations.
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NSA Tech Spying Hurts Economy: Sen. Wyden
Posted: at 7:48 pm
PALO ALTO, Calif. (AP) A leading Senate critic of online surveillance wants the government to stop widespread spying on phone calls, texts and emails, saying the "digital dragnet" doesn't make the country safer, and only hurts the U.S. economy.
"When the actions of a foreign government threaten red-white-and-blue jobs, Washington gets up at arms. But, even today, almost no one in Washington is talking about how overly broad surveillance is hurting the U.S. economy," said Sen. Ron Wyden, D-Ore., in remarks prepared for a Senate Finance Committee event in Palo Alto, California on Wednesday.
Wyden convened the roundtable, which also includes Google Inc. Executive Chairman Eric Schmidt and top corporate attorneys from Facebook and Microsoft, to discuss the economic fallout from the surveillance programs revealed last year by former National Security Agency contractor Edward Snowden.
Tech executives and industry experts warned those revelations would hurt Silicon Valley companies by making consumers and business customers fearful that U.S. companies can't protect sensitive data from government prying. Some analysts estimated last year that U.S. tech companies could lose tens of billions of dollars in sales, particularly after European firms began marketing themselves as being more secure than U.S. competitors or less vulnerable to legal demands from the U.S. government.
Most of the reported impact, to date, has been anecdotal. A few companies, including Cisco and Qualcomm, have said they believe they lost some deals in China and other emerging markets because of concerns about U.S. spying. Tech startups and telecommunications companies in France and Switzerland have claimed an increase in sales to customers who are wary of U.S. providers.
It's difficult to quantify the losses because "companies don't always know about the deals that they weren't invited to be a part of," said Daniel Castro, a senior analyst at the nonprofit Information Technology and Innovation Foundation. Castro estimated last year that losses to U.S. tech companies could amount to $35 billion by 2016. He said this week he believes his estimate is still valid.
Wyden has called for strict controls on the NSA and has complained that a pending reform bill, authored by Sen. Patrick Leahy, D-Vt., doesn't go far enough to restrict so-called "back-door" or warrantless searches of emails and online communications by Americans. The Obama administration has endorsed the Leahy bill, while defending government surveillance programs as narrowly defined and necessary for tracking foreign terrorist suspects. Wyden is backing a separate bill that would increase the authority of the government's new Privacy and Civil Liberties Oversight Board.
A coalition of leading online companies including Google, Facebook, Apple and Microsoft are urging Congress to pass reform. The companies say they've also taken steps to beef up their own security measures, through encryption and other methods intended to rebuff snooping by individual hackers or government agencies.
That's put Silicon Valley at odds with federal authorities. Attorney General Eric Holder, who announced last month that he is leaving the Justice Department, has complained that recent encryption moves by Apple and Google could hinder vital law enforcement investigations.
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NSA seeks media support in counter-terrorism operations
Posted: at 7:48 pm
The Office of the National Security Adviser has called for stronger media collaboration between the media and security agencies in the ongoing counter terrorism operation in the country.
The Special Adviser to the National Security Adviser on Economic Matters, Prof. Soji, Adelaja, made the comment while representing the NSA, Sambo Dasuki, at a three-day seminar entitled Security/Media Relations in Crisis Management which held under the chairmanship of the a former Chief of Defence Staff, and Chairman of Sure-P, Gen. Martin-Luther Agwa,i in Abuja on Wednesday.
The seminar was attended by the Chief of Defence Staff, Air Chief Marshal Alex Badeh, the Chief of Army Staff, Lt. Gen Keneth Minmah, the Chief of Naval Staff, Vice Admiral Usman Jibrin, Chief of Air Staff, Air Marshal Adesola Amosun, representatives of heads of all security and paramilitary agencies in the country.
Adelaja said the media had critical role to play in the current security challenges facing the country.
He said it was important for the media to give priority attention to need to avoid misinforming the public and promote the general interest of the people and the country.
He added that the media should take into cognisance the fact that the terrorists would always exploit the media as an instrument to communicate to the people in a bid to target the nations unity.
He said, The NSA is very excited that this meeting of the minds is happening right here is Abuja at a very critical time in the history of our nation. We know for a fact that this is a time when we are facing very significant security challenges and the media has a tremendous responsibility to discharge during this period.
We know for a fact that terrorists, part of their strategy is actually to leverage the media in communicating with the people. It is very very important that the media is diligent in its work, decipher facts from misinformation, understanding the role that they have in balancing the interest of the people, the interest of government and of course recognising that the insurgents are seeking to tear at the heart of what holds our country together.
Adelaja said while the media had done very well more was expected from them.
The media in Nigeria has done a very god job today but much more could be done. We are all learning, this issue of the insurgency is so new to us. In fact it is so new to the world. So it extremely important that we learn fast, we should understand our roles and responsibilities, not only as pressmen, media men but as citizens as we carry out our duties in informing the Nigerian people, he said.
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Chatting to Al Qaeda? Try not to do that Ex spy chief defends post-Snowden NSA
Posted: at 7:48 pm
Internet Security Threat Report 2014
You have nothing to fear from the NSA: that is unless you're from outside the United States, or you arouse the agency's suspicion by chatting to Al Qaeda. "Try not to do that," was the advice given.
The warnings come from former NSA chief General Keith Alexander, who told delegates at a security conference that the National Security Agency's activities, as described by ex-NSA sysadmin and secret-doc-leaker Edward Snowden, are just the agency doing its job.
In a speech delivered to the MIRCon 2014 conference in Washington, Alexander made no apology for the phone call metadata siphoned by the business record FISA programme run by the NSA, including data collected on Five Eyes and European allies. Such collection is part and parcel of spycraft, and in line with the agency's stated mission, he said.
"Our data's in there (NSA databases), my data's in there. If I talk to an Al Qaeda operative, the chances of my data being looked at is really good, so I try not to do that. If you don't want to you shouldn't either," he told MIRcon delegates.
"It doesn't mean that we didn't collect on key leaders around the world," he said, before referencing a hypothetical question he once asked of allied countries that indicated each spied on one another, regardless of diplomatic position.
"Nations act in nations' best interest ... we at times want to make sure a war doesn't break out [and] it is important that our political, military leaders know what is going on."
He added pointedly: "Somebody has to be in charge".
The NSA pulled about 180 numbers a year from FISA records, which Alexander said was critical to "connecting the dots" and was an act that had been "100 per cent" audited since the Snowden leaks, without fault.
To shore up his argument, he recapped the US's scuppering of a 2009 terrorist attack on the New York subway and the arrest of lead suspect Najibullah Zazi, who appeared through his phone records to have coordinated the bombing. The FBI swooped on Zazi as he transited the country based on FISA intel, Alexander said.
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INFORMUCATE: THE FIFTH AMENDMENT – Video
Posted: at 7:48 pm
INFORMUCATE: THE FIFTH AMENDMENT
Informucate Fast Facts Videos cover thousands of topics, with more added daily.and if you like our videos, you will love our unique take on the news at http://www.informucate.com.
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Mass Collection of U.S. Phone Records Violates the Fourth Amendment – Video
Posted: at 7:47 pm
Mass Collection of U.S. Phone Records Violates the Fourth Amendment
Presented in partnership with the National Constitution Center Some say that mass collection of U.S. phone records is a gross invasion of privacy. Others say that it is necessary to keep us...
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Argument analysis: A simple answer to a deceptively simple Fourth Amendment question?
Posted: at 7:47 pm
The first argument of the Term yesterday appears to have been somewhat unsatisfying for the Justices. As previewed here, the question on which the Court granted review in Heien v. North Carolina was a simple one: May a police officers reasonable mistake of law provide the reasonable suspicion required for a traffic stop under the Fourth Amendment? The Justices questions appeared to indicate an almost unanimous affirmative answer, although the Chief Justice did note that an answer with too broad a scope might have troubling implications. The Justices expressed some confusion about the proper disposition of the case, however, with Justice Scalia going so far at one point as to almost suggest a DIG (dismiss as improvidently granted). Still, Ill predict a short unanimous opinion answering the Question Presented with yes, leaving to footnotes and concurrences the larger and more difficult intricacies of the case.
A simple question presented, albeit with troubling implications
You will recall that a deputy sheriff stopped Heiens car because one of his brake lights was not working. (Because the officer was actually interested in criminal interdiction, Justice Sotomayor described the encounter as a lawful pretext, and the officer did indeed find drugs in a subsequent consent search. Although Justice Ginsburg twice inquired why the lawful consent didnt eliminate the issue of the stop, the traditional rule has been that the fruits of an invalid stop must be suppressed.)
On appeal, however, a state appellate court ruled that there was in fact no traffic violation as a matter of law (and hence no reasonable suspicion of one), because the North Carolina statute requires only a [singular] stop lamp. Thus, that court ruled, the Fourth Amendment had been violated, and Heiens conviction should be vacated. But on further appeal, while accepting the appellate courts surprising legal interpretation of the law, the North Carolina Supreme Court ruled that Heiens conviction might stand, because the officers mistake of law had been a reasonable one the state statute was antiquated and the one-brake-light legal ruling was surprising to most. Thus, the court ruled, there was no Fourth Amendment violation, and Heiens case was remanded for further proceedings.
On Heiens further interlocutory certiorari petition, the question thus appeared to be simply presented: can such a reasonable legal error create reasonable suspicion, or should officers be held to know the law just as private citizens would be? That is, if two working brake lights were in fact required, it would be no defense for Heien to argue that he reasonably did not know that. Ignorance of the law is no excuse is the common law maxim, and Heien argued that this should apply equally to officers stopping cars. A contrary ruling would, as Heiens experienced Supreme Court advocate Jeff Fisher argued, vastly expand police officer discretion, allowing them to stop cars and people whenever a reasonable ambiguity of legal authority could be argued. This is the broad implication about which Chief Justice Roberts and some other Justices expressed concern yesterday.
Of course, the Court could simply rule that a reasonable mistake of law satisfies the Fourth Amendment, and then just narrowly define what will count as reasonable. Justice Kennedy repeatedly turned to this question what is standard to determine a reasonable legal mistake? and Justice Breyer and others also seemed to focus on it. It was interesting to this reader that no one suggested that when there is legal ambiguity, a reasonable officer might be required to conduct a reasonable investigation to obtain a clear legal ruling about the scope of the law, before relying on it to stop and search. Fisher did suggest, however, that the Court ought to require a definitive ruling from a court or legislature before allowing officers to act. Meanwhile, North Carolina Deputy Attorney General Robert Montgomery suggested a generous standard (although no Justice appeared to endorse it): the officer simply gets to decide which he thought was the better rule. But as Fisher responded, allowing officers to exploit statutory ambiguities in order to conduct intrusive stops and searches would undercut public confidence in law enforcement.
The twist in the case
Aside from defining what is reasonable, one might think, simple question, simple answer, right? Not so fast. About thirty seconds into yesterdays argument, Justice Kennedy asked the first question, raising a point which then preoccupied the Court for much of the hour. Suppose North Carolina did have a good-faith exception to the exclusionary rule. What would you be arguing today? It turns out that, at the time of Heiens arrest, the North Carolina Supreme Court had ruled that as a matter of state constitutional law, suppression of evidence is required when the Fourth Amendment is violated regardless of officers good faith. (North Carolinas legislature has since amended the law.) That ruling is of course opposite to the U.S. Supreme Courts 1984 ruling in United States v. Leon that there is a good faith exception to the exclusionary rule. It was briefly asked yesterday, but not seriously examined, whether a state may declare its own state-law remedy for federal constitutional violations. Federalism should respect that choice, argued Fisher.
Thus Fisher plainly wants to argue on remand that Heiens conviction should remain vacated because reasonable good faith does not apply. However, Fishers immediate response to Justice Kennedy was that the Court [does]nt have to reach that question, since North Carolina has not argued it. When Deputy Attorney General Robert Montgomery stood up to argue in response, he confirmed that point; the state has not argued for a good faith exception to be applied in Heiens case. This position seemed to clearly confuse at least some of the Justices (as it continues to confuse me). The North Carolina Supreme Courts ruling suggests that Heiens narcotics conviction should be reinstated on remand. Heien plainly wants that ruling vacated. But as repeatedly stressed by Justice Scalia, the Court doesnt review opinions, [it] reviews judgments. So unless the remedy is exclusion, Justice Scalia asserted, theres no basis for us to set aside the judgment of the North Carolina Supreme Court. Or, in other words, if the federal rule is that there should not be suppression in any case due to good faith, why should the Court answer a preliminary question (whether there was a Fourth Amendment violation) that doesnt matter? As Justice Kennedy asked with some frustration, Can North Carolina more or less set us up this way?
Fisher responded that in fact it is not uncommon for the Court to announce a federal constitutional rule, and then remand to the state courts for further proceedings not inconsistent with its ruling. Indeed, that is what the North Carolina Supreme Court did, once it ruled that a reasonable mistake of law did not constitute a Fourth Amendment violation: just remand for further proceedings. Justice Scalia ultimately expressed reluctant acceptance on this point: If it hasnt been argued, I guess we can do that. I guess. . . . Im sorry to waste so much of our time.
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Argument analysis: A simple answer to a deceptively simple Fourth Amendment question?
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Feds Say That Even If FBI Hacked The Silk Road, Ulbricht's Rights Weren't Violated
Posted: at 7:47 pm
While alleged Silk Road mastermind Ross Ulbrichts trial wont start for another month, the legal battle is already heating up in court filings, centered around two questions: How did the Feds locate the Silk Road servers, and were Ulbrichts Fourth Amendment rights violated in the process? In its latest response, the government says it doesnt matter if the FBI hacked the Silk Road servers last OctoberUlbrichts rights still wouldnt have been violated.
Back in October 2013 when the Silk Road servers were seized by the feds in Iceland, no one knew exactly how the government had located the websites servers. Soon after, the feds arrested Ulbricht in San Francisco, claiming he was the Dread Pirate Roberts and the mastermind behind the online drug bazaar. Since then, Ulbricht has been charged with seven drug trafficking, narcotics, and ID theft charges.
But the details about how the government found the servers remained a mystery until last month. At the beginning of August, Ulbrichts defense filed a motion claiming that Ulbrichts Fourth Amendment rights had been violated by the government, and that by the fruit of a poisonous tree, all evidence stemming from the seizure of the Silk Road servers should be suppressed.
In order to respond to the motion, the government was forced to reveal for the first time how it discovered the Silk Road. According to a response filed last month with a declaration by FBI agent Chris Tarbell, the Silk Road servers were discovered by the FBI because of leaky code coming from the Silk Road website. When the leaking IP addresses were plugged into a non-Tor browser, part of the Silk Roads login page appeared. The feds then contacted Icelandic authorities, asking for imaging of the servers. The entire process was legal and not in violation of Ulbrichts rights, according to the FBI.
The defense was not convinced by the FBIs facile explanation and filed a response last week with a declaration by defense lawyer Joshua Horowitz, who specializes in technology and computer software. His analysis of six terabytes of discovery data presented to the defense poked holes in Tarbells account and likened the FBIs actions to hacking.
In his declaration, Horowitz claimed that the FBIs description of how the Silk Road servers were discovered was implausible. He notes that the governments account of how the servers were discovered varies from the description the FBI gave to Icelandic authorities, and that many modifications were made to the Silk Road servers before the FBI claims to have reached out to the Icelandic authorities. Horowitz argues that Tarbell failed to follow even the most rudimentary standards of computer forensic analysis. Highlighting a number of inconsistencies he found, Horowitz asked for more information from the government.
In a response filed on Monday, the government steered away from addressing any of Horowitz claims or questions. Instead, the prosecution argued thattrue or notHorowitzs claims are irrelevant because they dont prove that Ulbrichts rights were violated.
The Horowitz Declaration nowhere alleges that the SR Server was either located or searched in a manner that violated the Fourth Amendment. It merely critiques certain aspects of the Tarbell Declaration concerning how the SR Server was location, the governments response reads.
In any event, even if the FBI had somehow hacked into the SR Server in order to identify its IP address, such an investigative measure would not have run afoul of the Fourth Amendment, the response continues.
The government also questioned why Ulbricht did not submit a personal affidavit explaining how his privacy was violated. In response, the judge gave the defense until Tuesday night to submit a personal affidavit from Ulbricht. The defense has asked for an extension until October 9, because of the short notice and because Ulbrichts lawyer Joshua Dratel is in the midst of another trial.
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