Daily Archives: April 21, 2017

Schiff advocates for NSA, Cyber Command split – The Hill

Posted: April 21, 2017 at 2:09 am

The top Democrat on the House Intelligence Committee is calling for the National Security Agency (NSA) to be split from U.S. Cyber Command.

Rep. Adam SchiffAdam SchiffTrump may miss deadline on Russia report Schiff: Dems failed to convey why Russian meddling matters Schiff advocates for NSA, Cyber Command split MORE (D-Calif.) on Wednesday said it would be wise to have separate leaders for the two organizations, pushing for a civilian head of the NSA during remarks at Columbia Law School in New York.

The Pentagon told The Hill earlier this year that it has startedassessingwhether it should split up the dual-hat leadership.

Those are two very big jobs housed under the same hat, Schiff said. I think we would be wise to split up those responsibilities.

Experts have noted that the split is likely to happen eventually, but have warned of the risks of separating them too quickly. Cyber Command was established at NSA headquarters in 2009 and has been largely dependent on the agency.

Schiff made the comments in response to a question of whether or not the federal government has the appropriate organization structure to be effective on cyber.

More generally, he said that the government is slow to keep pace with technology and indicated that there are organizational improvements to be made.

Were probably not structured how we should be, Schiff said, adding later, were always going to be chasing this.

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What you need to know about that latest NSA data dump – Recode

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A group of hackers released on Friday what appears to be the most extensive data dump yet from the National Security Agency.

The hack could have consequences for the relationship between big software companies and the U.S. government and could make it harder for Europe to trust the U.S. to respect privacy agreements.

Experts believe the hacker group behind the leak, Shadow Brokers, is connected with the Russian government. The group has released stolen information from the NSA before.

If documents released by the hack are authentic, it would show that the NSA has compromised a Dubai-based firm that routes bank transfers between countries. The hack also revealed how to break into Microsoft software. Heres a more detailed explainer from George Washington University professor Henry Farrell.

Here are some things found in the dump.

Why it matters: The U.S. government is technically allowed to access data from Swift only through a formal safeguarded process, but information revealed in the hack indicates the NSA is secretly accessing information outside this agreement. This is bound to upset European regulators.

Why it matters: If the NSA didnt let Microsoft know about the zero-day vulnerabilities, that could further undermine tech companies already eroded trust of the government.

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Osinbajo meets with NSA, IG, DSS, EFCC bosses, others – NIGERIAN TRIBUNE (press release) (blog)

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NIGERIAN TRIBUNE (press release) (blog)
Osinbajo meets with NSA, IG, DSS, EFCC bosses, others
NIGERIAN TRIBUNE (press release) (blog)
Those who were at the Presidential Villa, Abuja for the meeting at the Vice President's office were the National Security Adviser (NSA), Babagana Monguno, Director General of the Department of State Services (DSS), Lawal Daura and the Chairman of the ...
Osinbajo, NSA, AGF grill Magu, Daura, IG of PoliceDaily Post Nigeria
Osinbajo meets with Magu, DG DSS, NSA, othersThe Eagle Online

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TSA or NSA? – The Chicago Maroon

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TSA or NSA?
The Chicago Maroon
Recently, after the Transportation Security Agency (TSA) pressured a NASA scientist to turn over his cell phone at a Houston airport, a floodgate burst in the media. Stories of others who had been coerced into handing over their phones and passcodes at ...

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We’re spying on you for your own protection, says NSA, FBI – The Register

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A new factsheet by the NSA and FBI has laid bare ludicrous contradictions in how US intelligence agencies choose to interpret a law designed to prevent spying on American citizens, but which they use to achieve exactly that end.

The document even claims that it is surveilling US citizens for their own protection while at the same time claiming that it is not doing so.

The obvious and painful contradictions within the 10-page document [PDF] are testament to the very reason why the factsheet had to be prepared in the first place: Congress is threatening not to renew the legislation due to the intelligence agencies' willful misrepresentation of the law to perform the very activities it was designed to prevent.

FISA the Foreign Intelligence Surveillance Act was enacted in 1978 and authorizes US intelligence agencies to carry out electronic surveillance of foreign persons outside the US. It specifically prohibited surveillance of US citizens and foreign persons within US borders.

But in 2008, the FISA Amendments Act (FAA) was passed to recognize the modern realities of internet communications: that foreign intelligence targets were using networks based in the United States to communicate. The law gave the intelligence agencies the right to demand that US companies hand over their communications in the search for foreign intelligence.

In an effort to ensure that those searches were restricted to non-US citizens however, the FAA which was re-authorized in 2012 and now needs to be re-authorized again before the end of 2017 included various procedures, and checks and balances.

Somewhat inevitably however, those procedures which remain almost entirely secret and the check and balances which have been shown to be ineffective at best have been slowly undermined by the intelligence agencies to the extent that the FBI now routinely uses personally identifiable information of US citizens, such as an email or phone number, to search a huge database of gathered information if it suspects them of a crime carried out in the US.

That reality is the diametric opposite of what the law was intended to do hence the ludicrous contradictions between what the intelligence agencies say the law authorizes and the everyday realities that they argue must be retained.

The first eight pages of the 10-page document are largely accurate, giving a rundown of the law, its history and intentions, and the procedures and checks introduced. In fact, it is a useful and largely objective rundown of the issue.

On page four, the document gives some examples of where use of Section 702 have proven effective: gathering insights into the minds of high-level Middle Eastern government ministers; checking up on sanctions; identifying both terrorists and terrorist sympathizers and alerting other governments to them.

Of the five examples given (of course it's impossible to know how many real-world examples there are), only one covers an arrest on US soil: the case of Najibullah Zazi who was tracked after he sent an email to an al-Qaeda operative in Pakistan asking for help in making bombs. Zazi planned to bomb the subway in New York City but was arrested in 2009 before he had the opportunity to do so. He pled guilty in 2010 and was sentenced to life in prison in 2012. (It is worth noting, however, that Zazi was already under surveillance from US intelligence agencies thanks to his visits to Pakistan, so it's unclear what role the Section 702 data really played.)

The document carefully words some sections covering concern over how the law was being interpreted. As a result of Edward Snowden's revelations, lawmakers and civil society groups started asking precise questions and that resulted in the intelligence agencies releasing limited information about the process it goes through to obtain the rights to spy on people. The document paints the provision of that information as the intelligence agencies' "commitment to furthering the principles of transparency," when nothing could be further from the truth.

It also tries to paint a report by the Privacy and Civil Liberties Oversight Board (PCLOB) into US spying in positive terms. The independent board, the document claims, largely exonerated the intelligence agencies and "made a number of recommendations" that have "been implemented in full or in part by the government."

In reality, the board's report was a damning indictment of the agencies' effort to reinterpret the law to be able to spy on just about anyone. The recommendations that have been implemented "in part" cover the most important improvements, in particular the publication of the procedures that the agencies use in reaching determinations. These critical documents remain entirely secret.

The PCLOB also paid a high price for standing up to the NSA and FBI: they had their authority cut out from under them, the budget was slashed, and all but one of its five board members have either resigned or have not had their terms renewed. It is a shell of an organization that doesn't even answer its phone or emails.

It is on pages nine and 10 that the real issues appear however where it addresses "702 issues that are likely to arise in the re-authorization discussion."

These are:

Despite the law specifically noting that US citizens and people within US borders cannot be spied on through Section 702, in reality the intelligence agencies do exactly that.

The explanation is that this information is "incidental" and is hoovered up as the NSA and others are gathering intelligence on others. The intelligence agencies claim that it affects very few US citizens and so Congress has persistently asked what that number is: how many US citizens are included in the 702 database?

The US House Judiciary Committee first asked that question a year ago April 2016. There is still no answer.

This latest document notes: "The IC (intelligence community) and DoJ (Department of Justice) have met with staff members of both the House and Senate Intelligence and Judiciary Committees, the PCLOB, and advocacy groups to explain the obstacles that hinder the government's ability to count with any accuracy or to even provide a reliable estimate of the number of incidental US person communications collected through Section 702."

It says that the agencies are "working to produce a relevant metric" to inform discussions.

This is a transparent attempt to prevent a figure on the number of US citizens in the database from being revealed, because it would almost certainly undermine the core contention of the intelligence agencies: that their procedures prevent the unnecessary gathering of information on US citizens.

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The Bill of Rights at the Border: Fifth Amendment Protections for … – EFF

Posted: at 2:08 am

This is the third and final installment in our series on the Constitution at the border. Today, well focus on the Fifth Amendment and passwords. Click here for Part 1 on the First Amendment or Part 2 on the Fourth Amendment.

Lately, a big question on everyone's mind has been: Do I have to give my password to customs agents?

As anyone whos ever watched any cop show knows, the Fifth Amendment gives you the right to remain silent and to refuse to provide evidence against yourself even at the border. If a CBP agent asks you a question, you can tell them you choose to remain silent and want to speak to an attorney, even if you dont have one retained yet. That choice may not stop CBP agents from pressuring you to voluntarily talk to them, but they are supposed to stop questioning you once you ask for a lawyer. Also, beware that government agents are permitted to lie to you in order to convince you to waive your right to remain silent, but you can be criminally prosecuted if you lie to them.

CBP agents are unlikely to advise you that you have this choice because the government generally argues that such warnings are only required if you are taken into custody and subjected to a criminal prosecution. And at least one federal court of appeals has determined that secondary inspection the separate interview area you get referred to if the CBP officer cant readily verify your information at the initial port of entry doesnt qualify as custody.

But you dont have to be in custody or subject to a criminal prosecution before you choose to invoke your Fifth Amendment rights to remain silent or to object to being deprived of your property without due process of law. For example, the Second Circuit Court of Appeals has held that a persons request for an attorney is enough to invoke the privilege against self-incrimination, even at the border.

And that privilege includes refusing to provide the password to your device. For example, in 2015, a Pennsylvania court held that you may properly invoke the Fifth Amendment privilege to avoid giving up your cell phone passcode even to an employers phone because your passcode is personal in nature and producing it requires you to speak or testify against yourself.

Some courts have been less protective, overriding Fifth Amendment protections where the information sought is a so-called foregone conclusion. In 2012, a Colorado court ordered a defendant to provide the password to her laptop, only after the government had obtained a search warrant based on the defendants admission that there was specific content on her laptop and that the laptop belonged to her. On appeal, the Eleventh Circuit clarified that the government "must [first] show with some reasonable particularity that it seeks a certain file and is aware, based on other information, that . . . the file exists in some specified location" and that the individual has access to the desired file or is capable of decrypting it.

So, Fifth Amendment protections do apply at the border, and they protect your right to refuse to reveal your password in most circumstances. That said, individuals passing through the border sometimes choose to surrender their account information and passwords anyway, in order to avoid consequences like missing their flight, being made subject to more constrictive or prolonged detention, or being denied entry to the US.

As we have noted in our Digital Border Search Whitepaper, the consequences for refusing to provide your password(s) are different for different classes of individuals. If you are a U.S. citizen, CBP cannot detain you indefinitely as you have a right to re-enter the country. However, agents may escalate the encounter (for example, by detaining you for more time), or flag you for heightened screening during future border crossings. If you are a lawful permanent resident, agents may also raise complicated questions about your continued status as a resident. If you are a foreign visitor, agents might deny you entry to the country entirely.

But whatever your status, whether you choose to provide your passwords or not, border agents may decide to seize your digital devices. While CBP guidelines set a five-day deadline for agents to return detained devices unless a CBP supervisor approves a lengthier detention, in practice, device detentions commonly last many months.

As always, we want to hear from you if you experience harm or harassment from CBP for choosing to protect your digital data. Were still collecting stories of border search abuses at: borders@eff.org

We recommend that you review our pocket guides for Knowing Your Rights and Protecting Your Digital Data Privacy at the border for a general overview or take a look at our Border Search Whitepaper for a deeper dive into the potential issues and questions you may face.

And join EFF in calling for stronger Constitutional protection for your digital information by contacting Congress on this issue today.

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Appeals Court: Area case violated Fourth Amendment rights – Post-Bulletin

Posted: at 2:07 am

ST. PAUL A Wabasha police officer had no right to stop a man he saw driving down a narrow dirt road a stop that led to a DWI charge and the revocation of his driver's license.

The Minnesota Court of Appeals handed down the decision Monday, ruling in favor of David Kenneth Schlicher, 41, of Elk River. It reversed a May 2016 ruling by Wabasha County District Court Judge Terrance Walters.

Monday's ruling sends the case back to district court.

The case began early March 3, 2016, when Wabasha officer spotted Schlicher turn onto a narrow dirt road. The officer knew the private road led only to a commercial business, which was closed at that hour, so he followed Schlicher's vehicle.

As the officer drove down the dirt road, he saw Schlicher's vehicle coming toward him. The officer put his squad car in reverse because the road was too narrow for them both to fit, and he "didn't want to approach the vehicle from the front," the complaint says.

The officer stopped his squad near the end of the dirt road and got out; another squad car arrived about then. Schlicher's car was still moving when the first officer got out of his car Schlicher testified that he only stopped his vehicle because he couldn't fit past the squad car.

After an investigation at the scene, the officer arrested Schlicher for DWI. He refused to take a breath test, and his license was revoked.

Schlicher challenged the revocation in Wabasha County District Court; he disputed, among other issues, that the officer had a "reasonable, articulable suspicion of criminal activity to stop" Schlicher's car. It was, he said, a violation of his Fourth Amendment rights.

The district court ruled the officer's stop was constitutional, and upheld the license revocation.

Schlicher then appealed to the state court.

The judges agreed that the "seizure" occurred when the officer parked his car, exited and began walking toward Schlicher's car, which was still moving.

The officer didn't reverse his squad car out onto the main road, which would have allowed Schlicher complete access to the main road, the document says.

"Considering the positioning of the officer's squad car on the narrow road; the fact that the officer exited his vehicle while (Schlicher) was still driving; and the fact that another squad car had arrived on the scene, we conclude that the officer's actions constituted a seizure because no reasonable person in appellant's position would have felt free to leave," the judges wrote.

Nor did the officer have a reasonable suspicion of criminal activity, they continued; "in fact, the officer testified that his actions were motivated by his curiosity."

The area wasn't known for, or vulnerable to, criminal activity, the ruling says, and the officer didn't suspect some wrongdoing was occurring.

"The only factors to which the officer testified that would suggest criminal activity were the time of night, that he had never before seen anyone driving on that private narrow road, and that the narrow road led to a closed business.

"These factors are insufficient," the justices wrote, "and the stop and seizure were unlawful."

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Montana special election candidates trade Second Amendment shots – Washington Examiner

Posted: at 2:07 am

Candidates for Montana's special election to replace Interior Secretary Ryan Zinke, launched combative ads showcasing their support for gun rights on Thursday.

Democrat and country music singer Rob Quist is running against Republican Greg Gianforte, a millionaire businessman who unsuccessfully ran for governor in 2016.

After receiving criticism for comments made in January suggesting he would be open to a national gun registry, Quist's campaign launched a video ad, "Defend," on Thursday showing him in a field holding a rifle.

"I won't stand by while a millionaire from New Jersy tries to attack my Montana values," the Democrat said just before shooting a television screen.

Just hours later, Gianforte responded with an ad claiming Quist wanted to establish a national gun registry loaded with constituents personal information.

"Some folks just don't get it. Our Second Amendment rights are not up for negotiation," Gianforte said while shooting a computer screen with a shotgun.

Following the congressional special election in Kansas, and anticipated June runoff in Georgia, attention has shifted to Montana's upcoming special election which is set to take place on May 25.

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Thursday, April 20, 2017: Why we have the Second Amendment … – Bangor Daily News

Posted: at 2:07 am

Push against anti-immigrant bill

Maine should push back against anti-immigrant efforts, such as that proposed by Republican Rep. Lawrence Lockman, who has submitted LD 366, An Act to Ensure Compliance with Federal Immigration Law by State and Local Government. It has a public hearing at 1 p.m. Thursday. Those opposed to the bill should make every effort to attend the hearing or contact their legislators.

LD 366 requires that towns demand their local police officers act as immigration agents. Should the bill pass and become law, the penalty for municipalities that do not comply would be the termination of all state funds. LD 366 is a stark example of federal overreach, altering the rules on short notice so government can meddle in local affairs.

Maine is in the middle of an opioid epidemic. We desperately need our police officers to focus on helping to control this epidemic. Immigrants commit crimes at a lower rate than the general population, so why expend our precious resources on policing them? Also, imagine the chaos as our local police officers, without any training as immigration agents, try to interpret and enforce very complicated federal immigrations laws. Lawsuits seem inevitable.

Passage of LD 366 would have a chilling effect on anyone in the state who does not descend from Anglo-Saxon stock. At a time when Maine needs young immigrants to step in and help staff our hospitals and nursing homes, LD 366 would discourage people from giving us the hand we need.

Kathreen Harrison

Camden

An Act to Strengthen Work Participation in the Temporary Assistance for Needy Families Program, LD 1017, proposes that individuals receiving TANF benefits may no longer use good cause reasons to excuse an inability to comply with the work participation requirements of their contract, allowing the state to suspend benefits for adults without notice. If not found in compliance within 90 days, they will lose the benefits for the entire family.

Because someone loses TANF benefits for noncompliance, it does not mean they no longer have need or that they would be able to immediately find employment. And in the case of what good cause reasons previously included, such as the illness of a child or relative, would be equally good cause to take time off from work. In fact, these situations are often protected in the workplace by existing laws. Furthermore, under current law, good cause reasons must be received in a short time frame are not accepted without due consideration and review.

An Act to Strengthen Work Participation in the TANF Program is scheduled for a hearing on April 24. Please take the time to let your senator and representative know that LD 1017 does not strengthen work participation; it puts individuals in an impossible position. It punishes people who already are dealing with hardship. Certainly, it is in the best interest of everyone to allow TANF recipients some flexibility and understanding while they pursue the training and assistance TANF/ASPIRE provides to help them gain meaningful and sustaining employment.

Margaret Hanna

Belfast

I read the BDNs April 17 editorial about the ride of Paul Revere, the Lexington confrontation of British regulars by patriot militia and other musings. The part about the Lexington confrontation, to me, highlights the full benefit and purpose of the Second Amendment: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

The editorial mentioned that the British were marching to Lexington to try and capture rebel leaders John Hancock and Samuel Adams. As important, and not mentioned in the editorial, was the other focus of the British jaunt to capture stores of rifles, black powder and shot and to confiscate arms.

Without the patriotic resolution of the population to free itself from English domination our country would not be. If the British had captured those arms and accessories our country might not be. The Second Amendment is as important today as it was then, and for a very good reason.

I wholeheartedly agree that Patriots Day needs to be elevated to a more prominent place in our list of observances, perhaps not necessarily a holiday but recognized and observed for what it is the beginning of the great American experience.

Gregory Palman

Amherst

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How will Justice Neil ‘Plain Words’ Gorsuch tackle the Second Amendment? – Chicago Tribune

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Your news article "Gorsuch dives into the fray on first day emphasized the originalist constitutional legal philosophy of the newest Supreme Court justice. Neil Gorsuch made repeated references to the plain words and plain texts of the law he was considering. He asked, Wheres the ambiguity? And, Wouldnt it be a lot easier if we just followed the plain text of the statute? Like the late Antonin Scalia, Gorsuch claims to decide cases based on the literal words of the law, not its purpose or how it has been interpreted by lower courts.

That brings us to the plain unambiguous text of the Second Amendment: A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. For too long well-regulated meant any firearm any place any time and militia meant individual person.

Your story said the Supreme Court decided to take no action on a California case in which gun owners sued when they were denied a permit to carry a concealed weapon. Eventually the Supreme Court, including Gorsuch, will have to rule on a Second Amendment issue. Then we will see if he actually follows his originalist philosophy and uses the plain unambiguous meanings of well-regulated and militia in his decision. If he doesnt then we can conclude his originalist philosophy is a pretext used only to rationalize his ultra-conservative political ideology just like Justice Scalia before him.

Bob Barth, Chicago

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