OpenStack 06/29/2014 (p.m.)

• U.S. Says It Spied on 89,000 Targets Last Year, But the Number Is Deceptive | Threat Level | WIRED

  Tags: surveillance-state, NSA, FBI, stats, 2013

  • About 89,000 foreigners or organizations were targeted for spying under a U.S. surveillance order last year, according to a new transparency report. The report was released for the first time Friday by the Office of the Director of Intelligence, upon order of the president, in the wake of surveillance leaks by NSA whistleblower Edward Snowden.

    But the report, which covers only surveillance orders issued in 2013, doesn’t tell the whole story about how many individuals the spying targeted or how many Americans were caught in the surveillance that targeted foreigners. Civil liberties groups say the real number is likely “orders of magnitude” larger than this.

    “Even if it was an honest definition of ‘target’—that is, an individual instead of a group—that also is not encompassing those who are ancillary to a target and are caught up in the dragnet,” says Kurt Opsahl, deputy general counsel of the Electronic Frontier Foundation.

  • The report, remarkably, shows that the government obtained just one order last year under Section 702 of FISA—which allows for bulk collection of data on foreigners—and that this one order covered 89,138 targets. But, as the report notes, “target” can refer to “an individual person, a group, an organization composed of multiple individuals or a foreign power that possesses or is likely to communicate foreign intelligence information.”

    Furthermore, Section 702 orders are actually certificates issued by the FISA Court that can cover surveillance of an entire facility. And since, as the government points out in its report, the government cannot know how many people use a facility, the figure only “reflects an estimate of the number of known users of particular facilities (sometimes referred to as selectors) subject to intelligence collection under those Certifications,” the report notes.

  • “If you’re actually trying to get a sense of the number of human beings affected or the number of Americans affected, the number of people affected is vastly, vastly larger,” says Julian Sanchez, senior fellow at the Cato Institute. “And how many of those are Americans is impossible to say. But [although] you may not think you are routinely communicating with foreign persons, [this] is not any kind of assurance that your communications are not part of the traffic subject to interception.”

    Sanchez points out that each individual targeted is likely communicating with dozens or hundred of others, whose communications will be picked up in the surveillance.

    “And probably a lot of these targets are not individuals but entire web sites or companies. While [a company like the Chinese firm] Huawei might be a target, thousands of emails used by thousands of employees will be swept up.”

    How many of those employees might be American or communicating with Americans is unknown.

  • Also revealed in today’s report is the number of times the government has queried the controversial phone records database it created by collecting the phone records of every subscriber from U.S. providers.

    According to the report, the government used 423 “selectors” to search its massive phone records database, which includes records going back to at least 2006 when the program began.

    A search involves querying a specific phone number or device ID that appears in the database. The government has long maintained that its collection of phone records isn’t a violation of its authority, since it only views the records of specific individuals targeted in an investigation. But such searches, even if targeted at phone numbers used by foreigners, would include calls made to and from Americans as well as calls exchanged with people two or three hops out from the targeted number.

  • In its report, the government indicated that the 423 selectors involved just 248 “known or presumed” Americans whose information was collected by the agency in the database. But Opsahl says that both of these numbers are deceptive given what we know about the database and how it’s been used.

    “We know it’s affecting millions of people,” he points out. But “then we have estimated numbers of affected people [that are just] in the three digits. That requires some effort [on the government's part] to find a way to do the definition of the number [in such a way] to make it as small as possible.”

  • One additional figure today’s report covers is the number of National Security Letters the government issued last year to businesses to obtain data on accountholders and users—19,212.

    NSLs are written demands from the FBI that compel internet service providers, credit companies, financial institutions and others to hand over confidential records about their customers, such as subscriber information, phone numbers and e-mail addresses, websites visited, and more.

    These letters are a powerful tool because they do not require court approval, and they come with a built-in gag order, preventing recipients from disclosing to anyone that they have received an NSL. An FBI agent looking into a possible anti-terrorism case can self-issue an NSL to a credit bureau, ISP, or phone company with only the sign-off of the Special Agent in Charge of their office. The FBI has merely to assert that the information is “relevant” to an investigation into international terrorism or clandestine intelligence activities.

  • The FBI has issued hundreds of thousands of NSLs over the years and has been reprimanded for abusing them. Last year a federal judge ruled that the use of NSLs is unconstitutional, due to the gag order that accompanies them, and ordered the government to stop using them. Her ruling, however, was stayed pending the government’s appeal.
  • According to the government’s report today, the 19,000 NSLs issued last year involved more than 38,000 requests for information.

• Germany Fires Verizon Over NSA Spying

  Tags: surveillance-state, Germany, Verizon, NSA-blowback

  • Germany announced Thursday it is canceling its contract with Verizon Communications over concerns about the role of U.S. telecom corporations in National Security Agency spying.

    “The links revealed between foreign intelligence agencies and firms after the N.S.A. affair show that the German government needs a high level of security for its essential networks,” declared Germany’s Interior Ministry in a statement released Thursday.

    The Ministry said it is engaging in a communications overhaul to strengthen privacy protections as part of the process of severing ties with Verizon.

    The announcement follows revelations, made possible by NSA whistleblower Edward Snowden, that Germany is a prime target of NSA spying. This includes surveillance of German Chancellor Angela Merkel’s mobile phone communications, as well as a vast network of centers that secretly collect information across the country.

    Yet, many have accused Germany of being complicit in NSA spying, in addition to being targeted by it.

    The German government has refused to grant Snowden political asylum, despite his contribution to the public record about U.S. spying on Germany.

Posted from Diigo. The rest of Open Web group favorite links are here.

OpenStack 06/24/2014 (p.m.)

• New open-source router firmware opens your Wi-Fi network to strangers | Ars Technica

  Tags: open-wireless, routers, EFF

  • We’ve often heard security folks explain their belief that one of the best ways to protect Web privacy and security on one's home turf is to lock down one's private Wi-Fi network with a strong password. But a coalition of advocacy organizations is calling such conventional wisdom into question.

    Members of the “Open Wireless Movement,” including the Electronic Frontier Foundation (EFF), Free Press, Mozilla, and Fight for the Future are advocating that we open up our Wi-Fi private networks (or at least a small slice of our available bandwidth) to strangers. They claim that such a random act of kindness can actually make us safer online while simultaneously facilitating a better allocation of finite broadband resources.

    The OpenWireless.org website explains the group’s initiative. “We are aiming to build technologies that would make it easy for Internet subscribers to portion off their wireless networks for guests and the public while maintaining security, protecting privacy, and preserving quality of access," its mission statement reads. "And we are working to debunk myths (and confront truths) about open wireless while creating technologies and legal precedent to ensure it is safe, private, and legal to open your network.”

  • One such technology, which EFF plans to unveil at the Hackers on Planet Earth (HOPE X) conference next month, is open-sourced router firmware called Open Wireless Router. This firmware would enable individuals to share a portion of their Wi-Fi networks with anyone nearby, password-free, as Adi Kamdar, an EFF activist, told Ars on Friday.

    Home network sharing tools are not new, and the EFF has been touting the benefits of open-sourcing Web connections for years, but Kamdar believes this new tool marks the second phase in the open wireless initiative. Unlike previous tools, he claims, EFF’s software will be free for all, will not require any sort of registration, and will actually make surfing the Web safer and more efficient.

  • Kamdar said that the new firmware utilizes smart technologies that prioritize the network owner's traffic over others', so good samaritans won't have to wait for Netflix to load because of strangers using their home networks. What's more, he said, "every connection is walled off from all other connections," so as to decrease the risk of unwanted snooping.

    Additionally, EFF hopes that opening one’s Wi-Fi network will, in the long run, make it more difficult to tie an IP address to an individual.

    “From a legal perspective, we have been trying to tackle this idea that law enforcement and certain bad plaintiffs have been pushing, that your IP address is tied to your identity. Your identity is not your IP address. You shouldn't be targeted by a copyright troll just because they know your IP address," said Kamdar.

  • While the EFF firmware will initially be compatible with only one specific router, the organization would like to eventually make it compatible with other routers and even, perhaps, develop its own router. “We noticed that router software, in general, is pretty insecure and inefficient," Kamdar said. “There are a few major players in the router space. Even though various flaws have been exposed, there have not been many fixes.”

• Where Does Facebook Stop and the NSA Begin? | Mother Jones

  Tags: surveillance state, spying, government-spying, corporate-spying

  • There will be a lot of talk in coming months about the government surveillance golem assembled in the shadows of the internet. Good. But what about the pervasive claim the private sector has staked to our digital lives, from where we (and our phones) spend the night to how often we text our spouse or swipe our Visa at the liquor store? It's not a stretch to say that there's a corporate spy operation equal to the NSA—indeed, sometimes it's hard to tell the difference.

Posted from Diigo. The rest of Open Web group favorite links are here.

OpenStack 06/20/2014 (p.m.)

• How Secret Partners Expand NSA’s Surveillance Dragnet - The Intercept

  Don't miss the slide with the names of the NSA-partner nations. Lots of E.U. member nations.

  Tags: surveillance state, NSA, NSA-partners, fiber-optic

  • - By Paul Merrell

  • Huge volumes of private emails, phone calls, and internet chats are being intercepted by the National Security Agency with the secret cooperation of more foreign governments than previously known, according to newly disclosed documents from whistleblower Edward Snowden.

    The classified files, revealed today by the Danish newspaper Dagbladet Information in a reporting collaboration with The Intercept, shed light on how the NSA’s surveillance of global communications has expanded under a clandestine program, known as RAMPART-A, that depends on the participation of a growing network of intelligence agencies.

  • It has already been widely reported that the NSA works closely with eavesdropping agencies in the United Kingdom, Canada, New Zealand, and Australia as part of the so-called Five Eyes surveillance alliance. But the latest Snowden documents show that a number of other countries, described by the NSA as “third-party partners,” are playing an increasingly important role – by secretly allowing the NSA to install surveillance equipment on their fiber-optic cables.

    The NSA documents state that under RAMPART-A, foreign partners “provide access to cables and host U.S. equipment.” This allows the agency to covertly tap into “congestion points around the world” where it says it can intercept the content of phone calls, faxes, e-mails, internet chats, data from virtual private networks, and calls made using Voice over IP software like Skype.

  • The program, which the secret files show cost U.S. taxpayers about $170 million between 2011 and 2013, sweeps up a vast amount of communications at lightning speed. According to the intelligence community’s classified “Black Budget” for 2013, RAMPART-A enables the NSA to tap into three terabits of data every second as the data flows across the compromised cables – the equivalent of being able to download about 5,400 uncompressed high-definition movies every minute.

    In an emailed statement, the NSA declined to comment on the RAMPART-A program. “The fact that the U.S. government works with other nations, under specific and regulated conditions, mutually strengthens the security of all,” said NSA spokeswoman Vanee’ Vines. “NSA’s efforts are focused on ensuring the protection of the national security of the United States, its citizens, and our allies through the pursuit of valid foreign intelligence targets only.”

  • The secret documents reveal that the NSA has set up at least 13 RAMPART-A sites, nine of which were active in 2013. Three of the largest – codenamed AZUREPHOENIX, SPINNERET and MOONLIGHTPATH – mine data from some 70 different cables or networks. The precise geographic locations of the sites and the countries cooperating with the program are among the most carefully guarded of the NSA’s secrets, and these details are not contained in the Snowden files. However, the documents point towards some of the countries involved – Denmark and Germany among them.

    An NSA memo prepared for a 2012 meeting between the then-NSA director, Gen. Keith Alexander, and his Danish counterpart noted that the NSA had a longstanding partnership with the country’s intelligence service on a special “cable access” program. Another document, dated from 2013 and first published by Der Spiegel on Wednesday, describes a German cable access point under a program that was operated by the NSA, the German intelligence service BND, and an unnamed third partner.

  • The Danish and German operations appear to be associated with RAMPART-A because it is the only NSA cable-access initiative that depends on the cooperation of third-party partners. Other NSA operations tap cables without the consent or knowledge of the countries that host the cables, or are operated from within the United States with the assistance of American telecommunications companies that have international links. One secret NSA document notes that most of the RAMPART-A projects are operated by the partners “under the cover of an overt comsat effort,” suggesting that the tapping of the fiber-optic cables takes place at Cold War-era eavesdropping stations in the host countries, usually identifiable by their large white satellite dishes and radomes.

    A shortlist of other countries potentially involved in the RAMPART-A operation is contained in the Snowden archive. A classified presentation dated 2013, published recently in Intercept editor Glenn Greenwald’s book No Place To Hide, revealed that the NSA had top-secret spying agreements with 33 third-party countries, including Denmark, Germany, and 15 other European Union member states:

Posted from Diigo. The rest of Open Web group favorite links are here.

OpenStack 06/20/2014 (a.m.)

• Stop The NSA's Backdoor: Call Congress Today To Support Key Amendment | Techdirt

  Word is that the vote will happen today. If your Congress-critter needs persuading, it's time to jump at that telephone and send a few volts their way. 

  Tags: surveillance state, NSA-reform, legislation

  • - By Paul Merrell
  • Last week, we noted that there was an effort underway to introduce an amendment for this week's Defense Appropriations bill in the House that would effectively limit some of the most nefarious aspects of the NSA's ability to spy on Americans via two different types of backdoors: (1) so-called "backdoor searches" on Americans' information collected under Section 702 of the FISA Amendments Act and (2) mandating tech companies build in backdoors to their technology for the NSA to go snooping. The Defense Appropriations bill is expected to hit the House floor sometime soon, under open rules, meaning that the amendment in question won't be blocked by the House Rules Committee, as happens on a variety of other bills.
  • The amendment has powerful bipartisan backing, sponsored by Reps. James Sensenbrenner, Thomas Massie and Zoe Lofgren, along with co-sponsors Reps. Conyers, Poe, Gabbard, Jordan, O’Rourke, Amash, and Holt. Having Sensenbrenner bring out this amendment is a big deal. This amendment would restore at least one aspect of the USA Freedom Act that was stripped out at the last minute under pressure from the White House. Sensenbrenner sponsoring this bill highlights that he's clearly not satisfied with how his own bill got twisted and watered down from the original, and he's still working to put back in some of the protections that were removed. Conyers is a powerful force on the other side of the aisle, whose support for the USA Freedom Act was seen by some as a signal that the bill was "okay" to vote on. Having both of them support this Amendment suggests that neither were really that satisfied with the bill and felt pressured into supporting it.
  • While this Amendment doesn't fix everything, it is an important chance for members of Congress to show that they really do support protecting Americans' privacy. But they need to know that. Please contact your Representative today to let them know you want them to support this amendment. The EFF and others have set up a website, ShutTheBackDoor.net, to help you contact your official. Please do so today.

Posted from Diigo. The rest of Open Web group favorite links are here.

OpenStack 06/19/2014 (p.m.)

• Democrats unveil legislation forcing the FCC to ban Internet fast lanes - The Washington Post

  Tags: net-neutrality, legislation

  • Democratic lawmakers will unveil a piece of bicameral legislation Tuesday that would force the Federal Communications Commission to ban fast lanes on the Internet.

    The proposal, put forward by Senate Judiciary Committee chair Patrick Leahy (D-Vt.) and Rep. Doris Matsui (D-Calif.), requires the FCC to use whatever authority it sees fit to make sure that Internet providers don't speed up certain types of content (like Netflix videos) at the expense of others (like e-mail). It wouldn't give the commission new powers, but the bill — known as the Online Competition and Consumer Choice Act — would give the FCC crucial political cover to prohibit what consumer advocates say would harm startup companies and Internet services by requiring them to pay extra fees to ISPs.

    "Americans are speaking loud and clear," said Leahy, who is holding a hearing on net neutrality in Vermont this summer. "They want an Internet that is a platform for free expression and innovation, where the best ideas and services can reach consumers based on merit rather than based on a financial relationship with a broadband provider."

  • The Democratic bill is another sign that net neutrality is dividing lawmakers along partisan lines. In May, Rep. Bob Latta (R-Ohio) introduced a bill that would prevent the FCC from reclassifying broadband. A Democratic aide conceded Monday that the Leahy-Matsui bill is unlikely to attract Republican cosponsors.

    The fact that Republicans control the House make it unlikely that the Leahy-Matsui bill will advance very far. Still, the politics of net neutrality are obscuring the underlying economics at stake, according to the aide, who asked not to be named because he wasn't authorized to speak publicly.

  • "People are missing the point," the aide said. "The point is: Ban paid prioritization. Because that'll fundamentally change how the Internet works."

    FCC Chairman Tom Wheeler has said that he's reserving the reclassification option in case his existing plan fails to protect consumers. He has been reluctant to use that option so far, likely because it would be politically controversial. But increasingly, it seems net neutrality is divisive enough without him.

Posted from Diigo. The rest of Open Web group favorite links are here.

OpenStack 06/19/2014 (a.m.)

• We finally gave Congress email addresses - Sunlight Foundation Blog

  Tags: U.S., Congress, email

  • On OpenCongress, you can now email your representatives and senators just as easily as you would a friend or colleague.

    We've added a new feature to OpenCongress. It's not flashy. It doesn't use D3 or integrate with social media. But we still think it's pretty cool. You might've already heard of it.

    Email.

    This may not sound like a big deal, but it's been a long time coming. A lot of people are surprised to learn that Congress doesn't have publicly available email addresses. It's the number one feature request that we hear from users of our APIs. Until recently, we didn't have a good response.

    That's because members of Congress typically put their feedback mechanisms behind captchas and zip code requirements. Sometimes these forms break; sometimes their requirements improperly lock out actual constituents. And they always make it harder to email your congressional delegation than it should be.

  • This is a real problem. According to the Congressional Management Foundation, 88% of Capitol Hill staffers agree that electronic messages from constituents influence their bosses' decisions. We think that it's inappropriate to erect technical barriers around such an essential democratic mechanism.

    Congress itself is addressing the problem. That effort has just entered its second decade, and people are feeling optimistic that a launch to a closed set of partners might be coming soon. But we weren't content to wait.

    So when the Electronic Frontier Foundation (EFF) approached us about this problem, we were excited to really make some progress. Building on groundwork first done by the Participatory Politics Foundation and more recent work within Sunlight, a network of 150 volunteers collected the data we needed from congressional websites in just two days. That information is now on Github, available to all who want to build the next generation of constituent communication tools. The EFF is already working on some exciting things to that end.

  • But we just wanted to be able to email our representatives like normal people. So now, if you visit a legislator's page on OpenCongress, you'll see an email address in the right-hand sidebar that looks like Sen.Reid@opencongress.org or Rep.Boehner@opencongress.org. You can also email myreps@opencongress.org to email both of your senators and your House representatives at once.

    The first time we get an email from you, we'll send one back asking for some additional details. This is necessary because our code submits your message by navigating those aforementioned congressional webforms, and we don't want to enter incorrect information. But for emails after the first one, all you'll have to do is click a link that says, "Yes, I meant to send that email."

  • One more thing: For now, our system will only let you email your own representatives. A lot of people dislike this. We do, too. In an age of increasing polarization, party discipline means that congressional leaders must be accountable to citizens outside their districts. But the unfortunate truth is that Congress typically won't bother reading messages from non-constituents — that's why those zip code requirements exist in the first place. Until that changes, we don't want our users to waste their time.

    So that's it. If it seems simple, it's because it is. But we think that unbreaking how Congress connects to the Internet is important. You should be able to send a call to action in a tweet, easily forward a listserv message to your representative and interact with your government using the tools you use to interact with everyone else.

Posted from Diigo. The rest of Open Web group favorite links are here.

OpenStack 06/15/2014 (p.m.)

• EFF to Court: U.S. Warrants Don't Apply to Overseas Emails | Electronic Frontier Foundation

  Tags: surveillance state, digital-privacy, emails, litigation, jurisdiction

  • The Electronic Frontier Foundation (EFF) has urged a federal court to block a U.S. search warrant ordering Microsoft to turn over a customer's emails held in an overseas server, arguing that the case has dangerous privacy implications for Internet users everywhere.

    The case started in December of last year, when a magistrate judge in New York signed a search warrant seeking records and emails from a Microsoft account in connection with a criminal investigation. However, Microsoft determined that the emails the government sought were on a Microsoft server in Dublin, Ireland. Because a U.S. judge has no authority to issue warrants to search and seize property or data abroad, Microsoft refused to turn over the emails and asked the magistrate to quash the warrant. But the magistrate denied Microsoft's request, ruling there was no foreign search because the data would be reviewed by law enforcement agents in the U.S.

  • Microsoft appealed the decision. In an amicus brief in support of Microsoft, EFF argues the magistrate's rationale ignores the fact that copying the emails is a "seizure" that takes place in Ireland.

    "The Fourth Amendment protects from unreasonable search and seizure. You can't ignore the 'seizure' part just because the property is digital and not physical," said EFF Staff Attorney Hanni Fakhoury. "Ignoring this basic point has dangerous implications – it could open the door to unfounded law enforcement access to and collection of data stored around the world."

  • For the full brief in this case:
    https://www.eff.org/document/eff-amicus-brief-support-microsoft

Posted from Diigo. The rest of Open Web group favorite links are here.

OpenStack 06/14/2014 (a.m.)

• 2nd Cir. Affirms That Creation of Full-Text Searchable Database of Works Is Fair Use | Bloomberg BNA

  Tags: Google-Books, copyright, fair-use, litigation, Authors-Guild

  • The fair use doctrine permits the unauthorized digitization of copyrighted works in order to create a full-text searchable database, the U.S. Court of Appeals for the Second Circuit ruled June 10.

    Affirming summary judgment in favor of a consortium of university libraries, the court also ruled that the fair use doctrine permits the unauthorized conversion of those works into accessible formats for use by persons with disabilities, such as the blind.

  • The dispute is connected to the long-running conflict between Google Inc. and various authors of books that Google included in a mass digitization program. In 2004, Google began soliciting the participation of publishers in its Google Print for Publishers service, part of what was then called the Google Print project, aimed at making information available for free over the Internet.

    Subsequently, Google announced a new project, Google Print for Libraries. In 2005, Google Print was renamed Google Book Search and it is now known simply as Google Books. Under this program, Google made arrangements with several of the world's largest libraries to digitize the entire contents of their collections to create an online full-text searchable database.

    The announcement of this program triggered a copyright infringement action by the Authors Guild that continues to this day.

  • Turning to the fair use question, the court first concluded that the full-text search function of the Hathitrust Digital Library was a “quintessentially transformative use,” and thus constituted fair use. The court said:

    the result of a word search is different in purpose, character, expression, meaning, and message from the page (and the book) from which it is drawn. Indeed, we can discern little or no resemblance between the original text and the results of the HDL full-text search.

    There is no evidence that the Authors write with the purpose of enabling text searches of their books. Consequently, the full-text search function does not “supersede[ ] the objects [or purposes] of the original creation.”

    Turning to the fourth fair use factor—whether the use functions as a substitute for the original work—the court rejected the argument that such use represents lost sales to the extent that it prevents the future development of a market for licensing copies of works to be used in full-text searches.

    However, the court emphasized that the search function “does not serve as a substitute for the books that are being searched.”

  • Part of the deal between Google and the libraries included an offer by Google to hand over to the libraries their own copies of the digitized versions of their collections.

    In 2011, a group of those libraries announced the establishment of a new service, called the HathiTrust digital library, to which the libraries would contribute their digitized collections. This database of copies is to be made available for full-text searching and preservation activities. Additionally, it is intended to offer free access to works to individuals who have “print disabilities.”

    For works under copyright protection, the search function would return only a list of page numbers that a search term appeared on and the frequency of such appearance.

  • The court also rejected the argument that the database represented a threat of a security breach that could result in the full text of all the books becoming available for anyone to access. The court concluded that Hathitrust's assertions of its security measures were unrebutted.

    Thus, the full-text search function was found to be protected as fair use.

  • The court also concluded that allowing those with print disabilities access to the full texts of the works collected in the Hathitrust database was protected as fair use. Support for this conclusion came from the legislative history of the Copyright Act's fair use provision, 17 U.S.C. §107.

Posted from Diigo. The rest of Open Web group favorite links are here.

OpenStack 06/13/2014 (a.m.)

• The Government Can No Longer Track Your Cell Phone Without a Warrant | Motherboard

  Another victory for civil libertarians against the surveillance state. Note that this is another decision drawing guidance from the Supreme Court's decision in U.S. v. Jones, shortly before the Edward Snowden leaks came to light, that called for re-examination of the Third Party Doctrine, an older doctrine that data given to or generated by third parties is not protected by the Fourth Amendment.   

  Tags: surveillance state, location-data, 4th Amendment, litigation

  • - By Paul Merrell

  • The government and police regularly use location data pulled off of cell phone towers to put criminals at the scenes of crimes—often without a warrant. Well, an appeals court ruled today that the practice is unconstitutional, in one of the strongest judicial defenses of technology privacy rights we've seen in a while. 

    The United States Court of Appeals for the Eleventh Circuit ruled that the government illegally obtained and used Quartavious Davis's cell phone location data to help convict him in a string of armed robberies in Miami and unequivocally stated that cell phone location information is protected by the Fourth Amendment.

    "In short, we hold that cell site location information is within the subscriber’s reasonable expectation of privacy," the court ruled in an opinion written by Judge David Sentelle. "The obtaining of that data without a warrant is a Fourth Amendment violation."

  • In Davis's case, police used his cell phone's call history against him to put him at the scene of several armed robberies. They obtained a court order—which does not require the government to show probable cause—not a warrant, to do so. From now on, that'll be illegal. The decision applies only in the Eleventh Circuit, but sets a strong precedent for future cases.

  • Indeed, the decision alone is a huge privacy win, but Sentelle's strong language supporting cell phone users' privacy rights is perhaps the most important part of the opinion. Sentelle pushed back against several of the federal government's arguments, including one that suggested that, because cell phone location data based on a caller's closest cell tower isn't precise, it should be readily collectable. 

    "The United States further argues that cell site location information is less protected than GPS data because it is less precise. We are not sure why this should be significant. We do not doubt that there may be a difference in precision, but that is not to say that the difference in precision has constitutional significance," Sentelle wrote. "That information obtained by an invasion of privacy may not be entirely precise does not change the calculus as to whether obtaining it was in fact an invasion of privacy."

    The court also cited the infamous US v. Jones Supreme Court decision that held that attaching a GPS to a suspect's car is a "search" under the Fourth Amendment. Sentelle suggested a cell phone user has an even greater expectation of location privacy with his or her cell phone use than a driver does with his or her car. A car, Sentelle wrote, isn't always with a person, while a cell phone, these days, usually is.

  • "One’s cell phone, unlike an automobile, can accompany its owner anywhere. Thus, the exposure of the cell site location information can convert what would otherwise be a private event into a public one," he wrote. "In that sense, cell site data is more like communications data than it is like GPS information. That is, it is private in nature rather than being public data that warrants privacy protection only when its collection creates a sufficient mosaic to expose that which would otherwise be private."

    Finally, the government argued that, because Davis made outgoing calls, he "voluntarily" gave up his location data. Sentelle rejected that, too, citing a prior decision by a Third Circuit Court.

    "The Third Circuit went on to observe that 'a cell phone customer has not ‘voluntarily’ shared his location information with a cellular provider in any meaningful way.' That circuit further noted that 'it is unlikely that cell phone customers are aware that their cell phone providers collect and store historical location information,'” Sentelle wrote.

  • "Therefore, as the Third Circuit concluded, 'when a cell phone user makes a call, the only information that is voluntarily and knowingly conveyed to the phone company is the number that is dialed, and there is no indication to the user that making that call will also locate the caller,'" he continued.

• US pushing local cops to stay mum on surveillance - Yahoo News

  The Florida case is particularly interesting because Florida is within the jurisdiction of the U.S. Eleventh Circuit Court of Appeals, which has just ruled that law enforcement must obtain a search warrant from a court before using equipment to determine a cell phone's location.  

  Tags: surveillance state, location-data, public-records-acts, litigation, stingrays

  • - By Paul Merrell

  • WASHINGTON (AP) -- The Obama administration has been quietly advising local police not to disclose details about surveillance technology they are using to sweep up basic cellphone data from entire neighborhoods, The Associated Press has learned.

    Citing security reasons, the U.S. has intervened in routine state public records cases and criminal trials regarding use of the technology. This has resulted in police departments withholding materials or heavily censoring documents in rare instances when they disclose any about the purchase and use of such powerful surveillance equipment.

    Federal involvement in local open records proceedings is unusual. It comes at a time when President Barack Obama has said he welcomes a debate on government surveillance and called for more transparency about spying in the wake of disclosures about classified federal surveillance programs.

  • One well-known type of this surveillance equipment is known as a Stingray, an innovative way for law enforcement to track cellphones used by suspects and gather evidence. The equipment tricks cellphones into identifying some of their owners' account information, like a unique subscriber number, and transmitting data to police as if it were a phone company's tower. That allows police to obtain cellphone information without having to ask for help from service providers, such as Verizon or AT&T, and can locate a phone without the user even making a call or sending a text message.

    But without more details about how the technology works and under what circumstances it's used, it's unclear whether the technology might violate a person's constitutional rights or whether it's a good investment of taxpayer dollars.

    Interviews, court records and public-records requests show the Obama administration is asking agencies to withhold common information about the equipment, such as how the technology is used and how to turn it on. That pushback has come in the form of FBI affidavits and consultation in local criminal cases.

  • "These extreme secrecy efforts are in relation to very controversial, local government surveillance practices using highly invasive technology," said Nathan Freed Wessler, a staff attorney with the American Civil Liberties Union, which has fought for the release of these types of records. "If public participation means anything, people should have the facts about what the government is doing to them."

    Harris Corp., a key manufacturer of this equipment, built a secrecy element into its authorization agreement with the Federal Communications Commission in 2011. That authorization has an unusual requirement: that local law enforcement "coordinate with the FBI the acquisition and use of the equipment." Companies like Harris need FCC authorization in order to sell wireless equipment that could interfere with radio frequencies.

    A spokesman from Harris Corp. said the company will not discuss its products for the Defense Department and law enforcement agencies, although public filings showed government sales of communications systems such as the Stingray accounted for nearly one-third of its $5 billion in revenue. "As a government contractor, our solutions are regulated and their use is restricted," spokesman Jim Burke said.

  • Local police agencies have been denying access to records about this surveillance equipment under state public records laws. Agencies in San Diego, Chicago and Oakland County, Michigan, for instance, declined to tell the AP what devices they purchased, how much they cost and with whom they shared information. San Diego police released a heavily censored purchasing document. Oakland officials said police-secrecy exemptions and attorney-client privilege keep their hands tied. It was unclear whether the Obama administration interfered in the AP requests.

    "It's troubling to think the FBI can just trump the state's open records law," said Ginger McCall, director of the open government project at the Electronic Privacy Information Center. McCall suspects the surveillance would not pass constitutional muster.

    "The vast amount of information it sweeps in is totally irrelevant to the investigation," she said.

  • A court case challenging the public release of information from the Tucson Police Department includes an affidavit from an FBI special agent, Bradley Morrison, who said the disclosure would "result in the FBI's inability to protect the public from terrorism and other criminal activity because through public disclosures, this technology has been rendered essentially useless for future investigations."

    Morrison said revealing any information about the technology would violate a federal homeland security law about information-sharing and arms-control laws — legal arguments that that outside lawyers and transparency experts said are specious and don't comport with court cases on the U.S. Freedom of Information Act.

    The FBI did not answer questions about its role in states' open records proceedings.

  • But a former Justice Department official said the federal government should be making this argument in federal court, not a state level where different public records laws apply.

    "The federal government appears to be attempting to assert a federal interest in the information being sought, but it's going about it the wrong way," said Dan Metcalfe, the former director of the Justice Department's office of information and privacy. Currently Metcalfe is the executive director of American University's law school Collaboration on Government Secrecy project.

    A criminal case in Tallahassee cites the same homeland security laws in Morrison's affidavit, court records show, and prosecutors told the court they consulted with the FBI to keep portions of a transcript sealed. That transcript, released earlier this month, revealed that Stingrays "force" cellphones to register their location and identifying information with the police device and enables officers to track calls whenever the phone is on.

  • One law enforcement official familiar with the Tucson lawsuit, who spoke on condition of anonymity because the official was not authorized to speak about internal discussions, said federal lawyers told Tucson police they couldn't hand over a PowerPoint presentation made by local officers about how to operate the Stingray device. Federal officials forwarded Morrison's affidavit for use in the Tucson police department's reply to the lawsuit, rather than requesting the case be moved to federal court.

    In Sarasota, Florida, the U.S. Marshals Service confiscated local records on the use of the surveillance equipment, removing the documents from the reach of Florida's expansive open-records law after the ACLU asked under Florida law to see the documents. The ACLU has asked a judge to intervene. The Marshals Service said it deputized the officer as a federal agent and therefore the records weren't accessible under Florida law.

Posted from Diigo. The rest of Open Web group favorite links are here.

OpenStack 06/11/2014 (a.m.)

• The Top 5 Claims That Defenders of the NSA Have to Stop Making to Remain Credible | Electronic Frontier Foundation

  Tags: surveillance state, NSA, NSA-debunking, lies

  • Over the past year, as the Snowden revelations have rolled out, the government and its apologists have developed a set of talking points about mass spying that the public has now heard over and over again. From the President, to Hilary Clinton to Rep. Mike Rogers, Sen. Dianne Feinstein and many others, the arguments are often eerily similar.

    But as we approach the one year anniversary, it’s time to call out the key claims that have been thoroughly debunked and insist that the NSA apologists retire them. 

    So if you hear any one of these in the future, you can tell yourself straight up: “this person isn’t credible,” and look elsewhere for current information about the NSA spying. And if these are still in your talking points (you know who you are) it’s time to retire them if you want to remain credible. And next time, the talking points should stand the test of time.

• How an FBI informant orchestrated the Stratfor hack

  Tags: computer-crime, Hammand, FBI, Stratfor, FBI-misconduct

  • Sitting inside a medium-security federal prison in Kentucky, Jeremy Hammond looks defiant and frustrated. 

    “[The FBI] could've stopped me,” he told the Daily Dot last month at the Federal Correctional Institution, Manchester. “They could've. They knew about it. They could’ve stopped dozens of sites I was breaking into.”

    Hammond is currently serving the remainder of a 10-year prison sentence in part for his role in one of the most high-profile cyberattacks of the early 21st century. His 2011 breach of Strategic Forecasting, Inc. (Stratfor) left tens of thousands of Americans vulnerable to identity theft and irrevocably damaged the Texas-based intelligence firm's global reputation. He was also indicted for his role in the June 2011 hack of an Arizona state law enforcement agency's computer servers.

  • There's no question of his guilt: Hammond, 29, admittedly hacked into Stratfor’s network and exfiltrated an estimated 60,000 credit card numbers and associated data and millions of emails, information that was later shared with the whistleblower organization WikiLeaks and the hacker collective Anonymous.  

    Sealed court documents obtained by the Daily Dot and Motherboard, however, reveal that the attack was instigated and orchestrated not by Hammond, but by an informant, with the full knowledge of the Federal Bureau of Investigation (FBI). 

    In addition to directly facilitating the breach, the FBI left Stratfor and its customers—which included defense contractors, police chiefs, and National Security Agency employees—vulnerable to future attacks and fraud, and it requested knowledge of the data theft to be withheld from affected customers. This decision would ultimately allow for millions of dollars in damages.

• Exclusive: How FBI Informant Sabu Helped Anonymous Hack Brazil | Motherboard

  Tags: computer-crime, Monsegur, FBI, FBI-misconduct

  • In early 2012, members of the hacking collective Anonymous carried out a series of cyber attacks on government and corporate websites in Brazil. They did so under the direction of a hacker who, unbeknownst to them, was wearing another hat: helping the Federal Bureau of Investigation carry out one of its biggest cybercrime investigations to date.

    A year after leaked files exposed the National Security Agency's efforts to spy on citizens and companies in Brazil, previously unpublished chat logs obtained by Motherboard reveal that while under the FBI's supervision, Hector Xavier Monsegur, widely known by his online persona, "Sabu," facilitated attacks that affected Brazilian websites.

    The operation raises questions about how the FBI uses global internet vulnerabilities during cybercrime investigations, how it works with informants, and how it shares information with other police and intelligence agencies. 

  • After his arrest in mid-2011, Monsegur continued to organize cyber attacks while working for the FBI. According to documents and interviews, Monsegur passed targets and exploits to hackers to disrupt government and corporate servers in Brazil and several other countries.

    Details about his work as a federal informant have been kept mostly secret, aired only in closed-door hearings and in redacted documents that include chat logs between Monsegur and other hackers. The chat logs remain under seal due to a protective order upheld in court, but in April, they and other court documents were obtained by journalists at Motherboard and the Daily Dot. 

• Comcast is turning your Xfinity router into a public Wi-Fi hotspot - Dwight Silverman's TechBlog

  I didn't see this one coming. I've got a Comcast account and their Arris Gateway modem. In our area, several coffeehouses, etc., that already offered free wireless connections are now broadcasting Comcast Xfinity wireless. So I'm guessing that this is a planned rollout nationwide. 

  Tags: broadband roll-out, wireless-hotspots, Comcast

  • - By Paul Merrell

  • Some time on Tuesday afternoon, about 50,000 Comcast Internet customers in Houston will become part of a massive public Wi-Fi hotspot network, a number that will swell to 150,000 by the end of June.

    Comcast will begin activating a feature in its Arris Touchstone Telephony Wireless Gateway Modems that sets up a public Wi-Fi hotspot alongside a residential Internet customer’s private home network. Other Comcast customers will be able to log in to the hotspots for free using a computer, smartphone or other mobile device. And once they log into one, they’ll be automatically logged in to others when their devices “see” them.

    Comcast says the hotspot – which appears as “xfinitywifi” to those searching for a Wi-Fi connection – is completely separate from the home network. Someone accessing the Net through the hotspot can’t get to the computers, printers, mobile devices, streaming boxes and more sitting on the host network.

    Comcast officials also say that people using the Internet via the hotspot won’t slow down Internet access on the home network. Additional capacity is allotted to handle the bandwidth.

    You can read more about Comcast’s reason for doing this in my report on HoustonChronicle.com.

  • What’s interesting about this move is that, by default, the feature is being turned on without its subscribers’ prior consent. It’s an opt-out system – you have to take action to not participate. Comcast spokesman Michael Bybee said on Monday that notices about the hotspot feature were mailed to customers a few weeks ago, and email notifications will go out after it’s turned on. But it’s a good bet that this will take many Comcast customers by surprise.

    If you have one of these routers and don’t want to host a public Wi-Fi hotspot, here’s how to turn it off.

  • The additional capacity for public hotspot users is provided through a separate channel on the modem called a “service flow,” according to Comcast. But the speed of the connection reflects the tier of the subscriber hosting the hotspot. For example, if you connect to a hotspot hosted by a home user with a 25-Mbps connection, it will be slower than if you connect to a host system on the 50-Mbps tier.

• Another judge upholds NSA call tracking - POLITICO.com

  A partial win for the public. The judge makes plain that he disagrees with pre-Snowden disclosure precedent and recommends that the Supreme Court adopt the reasoning of Judge Richard Leon's ruling that finds the NSA call-metadata violative of the Fourth Amendment. The judge says his hands are tied by prior decisions in the Ninth Circuit Court of Appeals that gave an expansive reading to Smith v. Maryland.

  Tags: surveillance state, NSA, NSA-reform, litigation

  • - By Paul Merrell

  • A federal judge in Idaho has upheld the constitutionality of the National Security Agency's program that gathers massive quanities of data on the telephone calls of Americans.

    The ruling Tuesday from U.S. District Court Judge B. Lynn Winmill leaves the federal government with two wins in lawsuits decided since the program was revealed about a year ago by ex-NSA contractor Edward Snowden. In addition, one judge handling a criminal case ruled that the surveillance did not violate the Constitution.

    Opponents of the program have only one win: U.S. District Court Judge Richard Leon's ruling in December that the program likely violates the Fourth Amendment.

    In the new decision, Winmill said binding precedent in the Ninth Circuit holds that call and email metadata are not protected by the Constitution and no warrant is needed to obtain it.

  • "The weight of the authority favors the NSA," wrote Winmill, an appointee of President Bill Clinton.

    Winmill took note of Leon's contrary decision and called it eloquent, but concluded it departs from current Supreme Court precedent — though perhaps not for long.

    "Judge Leon’s decision should serve as a template for a Supreme Court opinion. And it might yet," Winmill wrote as he threw out the lawsuit brought by an Idaho registered nurse who objected to the gathering of data on her phone calls.

    Winmill's opinion (posted here) does not address an argument put forward by some critics of the program, including some lawmakers: that the metadata program violates federal law because it does not fit squarely within the language of the statute used to authorize it.

Posted from Diigo. The rest of Open Web group favorite links are here.

OpenStack 06/09/2014 (a.m.)

• Deutsche Telekom to follow Vodafone in revealing surveillance | World news | The Guardian

  Looks like Vodafone broke a government transparency logjam on government surveillance via digital communications, as to disclosure of raw totals of search warrants by nations other than the U.S. 

  Tags: surveillance state, NSA-reform, Deutsche-Delekom, Vodafone

  • - By Paul Merrell

  • Germany's biggest telecoms company is to follow Vodafone in disclosing for the first time the number of surveillance requests it receives from governments around the world.

    Deutsche Telekom, which owns half of Britain's EE mobile network and operates in 14 countries including the US, Spain and Poland, has already published surveillance data for its home nation – one of the countries that have reacted most angrily to the Edward Snowden revelations. In the wake of Vodafone's disclosures, first published in the Guardian on Friday, it announced that it would extend its disclosures to every other market where it operates and where it is legal.

    A spokeswoman for Deutsche Telekom, which has 140 million customers worldwide, said: "Deutsche Telekom has initially focused on Germany when it comes to disclosure of government requests. We are currently checking if and to what extent our national companies can disclose information. We intend to publish something similar to Vodafone."

  • Bosses of the world's biggest mobile networks, many of which have headquarters in Europe, are gathering for an industry conference in Shanghai this weekend, and the debate is expected to centre on whether they should join Deutsche and Vodafone in using transparency to push back against the use of their technology for government surveillance.

    Mobile companies, unlike social networks, cannot operate without a government-issued licence, and have previously been reluctant to discuss the extent of their cooperation with national security and law enforcement agencies.

    But Vodafone broke cover on Friday by confirming that in around half a dozen of the markets in which it operates, governments in Europe and outside have installed their own secret listening equipment on its network and those of other operators.

• Internet Giants Erect Barriers to Spy Agencies - NYTimes.com

  Tags: surveillance-state, NSA-reform, DIY-reform, internet-hardening, digital-privacy

  • As fast as it can, Google is sealing up cracks in its systems that Edward J. Snowden revealed the N.S.A. had brilliantly exploited. It is encrypting more data as it moves among its servers and helping customers encode their own emails. Facebook, Microsoft and Yahoo are taking similar steps.

  • After years of cooperating with the government, the immediate goal now is to thwart Washington — as well as Beijing and Moscow. The strategy is also intended to preserve business overseas in places like Brazil and Germany that have threatened to entrust data only to local providers.

    Google, for example, is laying its own fiber optic cable under the world’s oceans, a project that began as an effort to cut costs and extend its influence, but now has an added purpose: to assure that the company will have more control over the movement of its customer data.

  • A year after Mr. Snowden’s revelations, the era of quiet cooperation is over. Telecommunications companies say they are denying requests to volunteer data not covered by existing law. A.T.&T., Verizon and others say that compared with a year ago, they are far more reluctant to cooperate with the United States government in “gray areas” where there is no explicit requirement for a legal warrant.

  • Eric Grosse, Google’s security chief, suggested in an interview that the N.S.A.'s own behavior invited the new arms race.

    “I am willing to help on the purely defensive side of things,” he said, referring to Washington’s efforts to enlist Silicon Valley in cybersecurity efforts. “But signals intercept is totally off the table,” he said, referring to national intelligence gathering.

    “No hard feelings, but my job is to make their job hard,” he added.

  • In Washington, officials acknowledge that covert programs are now far harder to execute because American technology companies, fearful of losing international business, are hardening their networks and saying no to requests for the kind of help they once quietly provided.

    Continue reading the main story

    Robert S. Litt, the general counsel of the Office of the Director of National Intelligence, which oversees all 17 American spy agencies, said on Wednesday that it was “an unquestionable loss for our nation that companies are losing the willingness to cooperate legally and voluntarily” with American spy agencies.

  • Many point to an episode in 2012, when Russian security researchers uncovered a state espionage tool, Flame, on Iranian computers. Flame, like the Stuxnet worm, is believed to have been produced at least in part by American intelligence agencies. It was created by exploiting a previously unknown flaw in Microsoft’s operating systems. Companies argue that others could have later taken advantage of this defect.

    Worried that such an episode undercuts confidence in its wares, Microsoft is now fully encrypting all its products, including Hotmail and Outlook.com, by the end of this year with 2,048-bit encryption, a stronger protection that would take a government far longer to crack. The software is protected by encryption both when it is in data centers and when data is being sent over the Internet, said Bradford L. Smith, the company’s general counsel.

  • Mr. Smith also said the company was setting up “transparency centers” abroad so that technical experts of foreign governments could come in and inspect Microsoft’s proprietary source code. That will allow foreign governments to check to make sure there are no “back doors” that would permit snooping by United States intelligence agencies. The first such center is being set up in Brussels.

    Microsoft has also pushed back harder in court. In a Seattle case, the government issued a “national security letter” to compel Microsoft to turn over data about a customer, along with a gag order to prevent Microsoft from telling the customer it had been compelled to provide its communications to government officials. Microsoft challenged the gag order as violating the First Amendment. The government backed down.

  • Hardware firms like Cisco, which makes routers and switches, have found their products a frequent subject of Mr. Snowden’s disclosures, and their business has declined steadily in places like Asia, Brazil and Europe over the last year. The company is still struggling to convince foreign customers that their networks are safe from hackers — and free of “back doors” installed by the N.S.A. The frustration, companies here say, is that it is nearly impossible to prove that their systems are N.S.A.-proof.
  • In one slide from the disclosures, N.S.A. analysts pointed to a sweet spot inside Google’s data centers, where they could catch traffic in unencrypted form. Next to a quickly drawn smiley face, an N.S.A. analyst, referring to an acronym for a common layer of protection, had noted, “SSL added and removed here!”

  • Facebook and Yahoo have also been encrypting traffic among their internal servers. And Facebook, Google and Microsoft have been moving to more strongly encrypt consumer traffic with so-called Perfect Forward Secrecy, specifically devised to make it more labor intensive for the N.S.A. or anyone to read stored encrypted communications.

    One of the biggest indirect consequences from the Snowden revelations, technology executives say, has been the surge in demands from foreign governments that saw what kind of access to user information the N.S.A. received — voluntarily or surreptitiously. Now they want the same.

  • The latest move in the war between intelligence agencies and technology companies arrived this week, in the form of a new Google encryption tool. The company released a user-friendly, email encryption method to replace the clunky and often mistake-prone encryption schemes the N.S.A. has readily exploited.

    But the best part of the tool was buried in Google’s code, which included a jab at the N.S.A.'s smiley-face slide. The code included the phrase: “ssl-added-and-removed-here-; - )”

Posted from Diigo. The rest of Open Web group favorite links are here.

OpenStack 06/07/2014 (p.m.)

• Vodafone reveals existence of secret wires that allow state surveillance | Business | The Guardian

  The Vodafone disclosures will undoubtedly have a very large ripple effect. Note carefully that this is the first major telephone service in the world to break ranks with the others and come out swinging at secret government voyeur agencies. Will others follow. If you follow the links to the Vodafone report, you'll find a very handy big PDF providing an overview of the relevant laws in each of the customer nations. There's a cute Guardian table that shows the aggregate number of warrants for interception of content via Vodafone for each of those nations, broken down by content type. That table has white-on-black cells noting where disclosure of those types of surveillance statistics are prohibited by law. So it is far from a complete picture, but it's a heck of a good start.  But several of those customer nations are members of the E.U., where digital privacy rights are enshrined as human rights under an EU-wide treaty. So expect some heat to roll downhill on those nations from the European treaty organizations, particularly the European Court of Human Rights, staffed with civil libertarian judges, from which there is no appeal.     

  Tags: surveillance state, non-U.S.-spy-agencies, Vodafone

  • - By Paul Merrell

  • Vodafone, one of the world's largest mobile phone groups, has revealed the existence of secret wires that allow government agencies to listen to all conversations on its networks, saying they are widely used in some of the 29 countries in which it operates in Europe and beyond.

    The company has broken its silence on government surveillance in order to push back against the increasingly widespread use of phone and broadband networks to spy on citizens, and will publish its first Law Enforcement Disclosure Report on Friday. At 40,000 words, it is the most comprehensive survey yet of how governments monitor the conversations and whereabouts of their people.

    The company said wires had been connected directly to its network and those of other telecoms groups, allowing agencies to listen to or record live conversations and, in certain cases, track the whereabouts of a customer. Privacy campaigners said the revelations were a "nightmare scenario" that confirmed their worst fears on the extent of snooping.

  • Vodafone's group privacy officer, Stephen Deadman, said: "These pipes exist, the direct access model exists.

    "We are making a call to end direct access as a means of government agencies obtaining people's communication data. Without an official warrant, there is no external visibility. If we receive a demand we can push back against the agency. The fact that a government has to issue a piece of paper is an important constraint on how powers are used."

    Vodafone is calling for all direct-access pipes to be disconnected, and for the laws that make them legal to be amended. It says governments should "discourage agencies and authorities from seeking direct access to an operator's communications infrastructure without a lawful mandate".

  • In America, Verizon and AT&T have published data, but only on their domestic operations. Deutsche Telekom in Germany and Telstra in Australia have also broken ground at home. Vodafone is the first to produce a global survey.
  • Peter Micek, policy counsel at the campaign group Access, said: "In a sector that has historically been quiet about how it facilitates government access to user data, Vodafone has for the first time shone a bright light on the challenges of a global telecom giant, giving users a greater understanding of the demands governments make of telcos. Vodafone's report also highlights how few governments issue any transparency reports, with little to no information about the number of wiretaps, cell site tower dumps, and other invasive surveillance practices."

  • Snowden, the National Security Agency whistleblower, joined Google, Reddit, Mozilla and other tech firms and privacy groups on Thursday to call for a strengthening of privacy rights online in a "Reset the net" campaign.

    Twelve months after revelations about the scale of the US government's surveillance programs were first published in the Guardian and the Washington Post, Snowden said: "One year ago, we learned that the internet is under surveillance, and our activities are being monitored to create permanent records of our private lives – no matter how innocent or ordinary those lives might be. Today, we can begin the work of effectively shutting down the collection of our online communications, even if the US Congress fails to do the same."

• Vodafone Law Enforcement Report

  Tags: surveillance state, non-U.S.-spy-agencies, Vodafone, research-resources

  • As explained earlier in this report, Vodafone’s global business consists largely of a group of separate subsidiary companies, each of which operates under the terms of a licence or other authorisation issued by the government of the country in which the subsidiary is located, and each of which is subject to the domestic laws of that country.

    In this section of the report, we provide a country-by-country insight into the nature of the local legal regime governing law enforcement assistance, together with an indication of the volume of each country’s agency and authority demands wherever that information is available and publication is not prohibited. In addition, a summary of some of the most relevant legal powers in each of our countries of operation can be found in our legal Annexe (pdf, 1.76 MB).

Posted from Diigo. The rest of Open Web group favorite links are here.