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Daily Archives: November 5, 2014
NSA Head Makes Nice with Silicon Valley Over Privacy
Posted: November 5, 2014 at 10:49 pm
After the FBI and Britain's top spy agency criticized Silicon Valley for encrypting and protecting user data, Michael Rogers, director of the NSA, came to Palo Alto to make peace. "I am not one who jumps up and down and says either side is fundamentally wrong," Rogers told a crowd of students and professors at Stanford University on Monday. "I understand what drives each side to their viewpoint on this." He said that he understood FBI Director James Comey's desire for "some mechanism on the technical side" where, "using a legal framework," encrypted data could be accessed by the government.
He also claimed that the NSA did not know about or exploit the Heartbleed bug before news of it broke in April. When it comes to cybersecurity threats, Rogers said it was "unrealistic to expect the private sector to withstand the actions of nation-states," but equally unrealistic to "expect the government to deal with this all by itself." Rogers also tried to woo away computer science students from lucrative Silicon Valley jobs. "We are going to give you the opportunity to do some neat things that you can't legally do anywhere else," he said.
First published November 4 2014, 10:55 AM
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NSA snoop case reaches appeal
Posted: at 10:49 pm
STORY HIGHLIGHTS
Washington (CNN) -- The scope and legality of the government's warrantless electronic surveillance programs was discussed Tuesday as a federal appeals court reviewed a lower U.S. court's injunction that would block collection of data from two plaintiffs who are suing
Activist Larry Klayman, an attorney who heads the group "Freedom Watch," filed suit last year based on published reports of wrongdoing from whistleblower Edward Snowden. The former contractor with the National Security Agency accused authorities of misusing some of the capabilities he observed, and acting without a judicial or statutory basis.
Klayman, using himself as an aggrieved party from the surveillance, used the lawsuit to accuse the government of conducting "a secret and illegal government scheme to intercept and analyze vast quantities of domestic telephonic communications," along with communications "from the internet and electronic service providers."
Tuesday he said he has the standing to bring the suit as a customer of Verizon, one of the companies known to be cooperating with warrantless surveillance. But when the appeals panel asked him for documented proof he had been targeted, Klayman said only that the broad scope of the surveillance made it likely.
The other plaintiff is Charles Strange, whose son Michael was an NSA cryptologist and Navy SEAL in Afghanistan in 2011 when he was killed in the downing of his helicopter by insurgents. The father told reporters he has been the target of secret intelligence gathering because he's been asking questions about the circumstances surrounding his son's death.
Both men late last year won a preliminary injunction that would have barred the government from collecting data on them, and it ordered authorities to destroy any data already gathered.
But the District Court judge immediately stayed his order pending the appeal that was heard Tuesday, because of "significant national security interests" that could be affected.
Justice Department attorney Thomas Byron, defending the government, asked the appeals court judges to reverse the injunction, saying a phone company's business records are not protected by the Fourth Amendment against unreasonable searches.
Byron said there was no documentation that any records gathered were "intrusively acquired." He said Congress passes laws to protect privacy, such as for hospital records and banking, and that the government's surveillance is constrained by the provisions of the Foreign Intelligence Surveillance Act, with activities judged by the secret Foreign Intelligence Surveillance Court.
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NSA Luring Stanford Students; Claims Rewards Outweigh Any Google-Apple Benefits
Posted: at 10:49 pm
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PALO ALTO (KCBS) We come in peace. That was the message delivered by the head of the National Security Agency (NSA) to a Silicon Valley crowd as the nations spy chief is searching for recruits.
The governments top cyber spy made a stop at Stanford University on Monday with a message that they wanted to mend fences with the tech community.
Admiral Michael Rogers, director of the NSA, spoke to about 100 students and professors and said he understood why there is mistrust of the government.
Many tech companies have increased encryption in the wake of the Edward Snowden release of classified documents that detailed the NSAs spying techniques. However, Roger stressed the importance of public and private partnerships in cybersecurity; the same message that he recently delivered to the U.S. Chamber of Commerce.
You cant start out by distrusting each other with, Hey, you cant trust the government because theyre big brother. Or, you cant trust the private sector because theyre all about money. That is not what is going to work, he said.
Rogers also encouraged Stanford Students to consider a career with the NSA, saying that they offer rewards that no benefits package from Google or Apple could match; with opportunities to do some neat stuff you cant do anywhere else.
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New ruling may affect police access to smartphones – Video
Posted: at 10:48 pm
New ruling may affect police access to smartphones
A federal judge in Virginia ruled that fingerprints are not protected by the Fifth Amendment, which could affect police access to fingerprint-protected devic...
By: CBS This Morning
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Fifth Amendment Right Against Self-Incrimination – FindLaw
Posted: at 10:48 pm
Even if youve never studied law or sat for a bar exam, you likely have heard the phrase pleading the Fifth. Its become part of our national lexicon, so most Americans know they have the right not to answer police questions both while in custody or in court. The right against self-incrimination is spelled out in the Fifth Amendment to the U.S. Constitution and also extends to state and local jurisdictions. When someone exercises this right, we often say that they plead the Fifth.
The Constitution grants this right quite simply: [No person]shall be compelled in any criminal case to be a witness against himself However, as with most other constitutional rights, it is subject to interpretation by the courts and often inspires fierce debate.
This article focuses on the self-incrimination clause of the Fifth Amendment in legal proceedings. For details about your right to remain silent while in police custody, check out FindLaws Miranda Rights section. See Double Jeopardy; How Does a Grand Jury Work?; and The Appeal, Writ, and Habeas Corpus Petition Process to learn about other provisions of the Fifth Amendment.
The right against self-incrimination is rooted in the Puritans refusal to cooperate with interrogators in 17th century England. They often were coerced or tortured into confessing their religious affiliation and were considered guilty if they remained silent. English law granted its citizens the right against self-incrimination in the mid-1600s, when a revolution established greater parliamentary power.
Puritans who fled religious persecution brought this idea with them to America, where it would eventually become codified in the Bill of Rights. Today, courts have found the right against self-incrimination to include testimonial or communicative evidence at police interrogations and legal proceedings.
At trial, the Fifth Amendment gives a criminal defendant the right not to testify. This means that the prosecutor, the judge, and even the defendants own lawyer cannot force the defendant to take the witness stand against his or her will. However, a defendant who does choose to testify cannot choose to answer some questions but not others. Once the defendant takes the witness stand, this particular Fifth Amendment right is considered waived throughout the trial.
When a defendant pleads the Fifth, jurors are not permitted to take the refusal to testify into consideration when deciding whether a defendant is guilty. In the 2001 case Ohio v. Reiner, the U.S. Supreme Court held that a witness may have a reasonable fear of prosecution and yet be innocent of any wrongdoing. The [Fifth Amendment right against self-incrimination] serves to protect the innocent who otherwise might be ensnared by ambiguous circumstances. This case beefed up an earlier ruling that prosecutors cant ask a jury to draw an inference of guilt from a defendants refusal to testify in his own defense.
Defendants may assert their Fifth Amendment rights during civil trials, too, if testimony would open them up to criminal charges. But they do not enjoy the same protections against jury bias with respect to liability. This means that ajury is free to make inferences when a defendant chooses not to testify in a civil trial for fear of self-incrimination. Civil defendants often claim ignorance (I dont recall) instead of pleading the Fifth in such situations.
At a criminal trial, it is not only the defendant who enjoys the Fifth Amendment right not to testify. Witnesses who are called to the witness stand can refuse to answer certain questions if answering would implicate them in any type of criminal activity (not limited to the case being tried). Witnesses (as well as defendants) in organized crime trials often plead the Fifth, for instance.
But unlike defendants, witnesses who assert this right may do so selectively and do not waive their rights the moment they begin answering questions. Also, unlike defendants, witnesses may be forced by law to testify (typically by subpoena).
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Call Yourself a Hacker and Lose Fourth Amendment Rights – Video
Posted: at 10:48 pm
Call Yourself a Hacker and Lose Fourth Amendment Rights
By: Tech Feed Net Published on Nov 2, 2013 Call yourself a hacker and lose your 4th amendment rights, Congress responds to NSA diplomat spying, the USA FREED...
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There is Hope for America and the Second Amendment – Video
Posted: at 10:48 pm
There is Hope for America and the Second Amendment
Cici Gray at the Farm with the Colonel Talking Politics and guns. Cici Gray https://www.youtube.com/channel/UC9TOT6m8vrPFN5pPpBW-01w Cici Gray #39;s Facebook pag...
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Ga. voters back amendment capping income tax rate
Posted: at 10:48 pm
ATLANTA (AP) Voters have adopted an amendment freezing Georgia's top marginal income tax rate.
A constitutional amendment prohibiting the Legislature from raising income taxes above the current top rate of 6 percent was approved in voting Tuesday. It was among three ballot questions Georgia voters were asked to settle in the midterm elections.
A second amendment authorizing state lawmakers to impose additional fines for reckless driving that would fund medical treatment and rehabilitation for people with brain and spinal injuries also passed.
Finally, voters approved a referendum to allow Georgia's public universities to extend their exemption from property taxes to private companies hired to operate campus dorms.
2014 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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Five Freedoms of the First Amendment – Video
Posted: at 10:48 pm
Five Freedoms of the First Amendment
Assignment for EDUC-CI 5585.
By: Wendy Budetti
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Understanding the First Amendment is essential
Posted: at 10:48 pm
Over the past ten years, there have been numerous world events that have made headlines across multiple media outlets. There have been new presidents elected, votes concerning gay marriage and Ebola outbreaks, just to name a few. But there is something happening that has seized to catch the attention of the world: murderers are walking free.
According to a report issued by the Committee to Protect Journalists (CPJ), 90 percent of murderers who have taken the life of journalists have faced no punishment. As many as 370 journalists have been murdered over the last ten years. Statistically, this means that, 9 out of 10 times, there is no conviction in journalist murders. This lack of justice brings light to governments failing to step up. Nov. 2 was deemed International Day to End Impunity for Crimes Against Journalists as a way to call for justice.
According to The Guardian, UN and regional intergovernmental bodies are urged to take concrete steps to hold member states accountable to their commitments to combat impunity. And journalists are called on to monitor and report on whether these pledges are implemented.
But these attacks are not just simply attacks on human life, but attacks to what these journalists live to protect: press freedom. The Prairie recently held a Town Hall Meeting regarding First Amendment issues because most are confused as to what the First Amendment truly protects. It protects everyone.
The press is just an outlet to educate and inform citizens. Journalists hold this unacknowledged pact with society to serve them, to inform them, to provide them the truth. But its society as a whole that has these rights. Just because a person walks around with a press pass or owns the title of journalist does not mean they have extra rights, or extra protection under the First Amendment.
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