These CBP agents — like too many other law enforcement officers — had no idea how to react when their authority was challenged. They only saw one route to take: escalation.
Cooke knew the CBP agents needed something in the way of reasonable suspicion to continue to detain her. But they had nothing. The only thing offered in the way of explanation as they ordered her to return to her detained vehicle was that she appeared “nervous” during her prior interaction with the female CBP agent. This threadbare assertion of “reasonable suspicion” is law enforcement’s blank check — one it writes itself and cashes with impunity.
The CBP supervisor then stated he’d be bringing in a drug dog to search her vehicle — another violation of Cooke’s rights. The Supreme Court very recently ruled that law enforcement cannot unnecessarily prolong routine stops in order to perform additional searches unrelated to the stop’s objective.
If the purpose of CBP is to secure borders and regulate immigration, then this stop had very little to do with the agency’s objectives. Cooke is an American citizen and had not crossed a border. If the CBP’s objective is to do whatever it wants within x number of miles of the border, then it’s apparently free to perform suspicionless searches. In this case, the CBP was operating in drug enforcement mode, but even so, it still hadn’t offered anything more than Cooke’s alleged “nervousness” to justify the search and detainment. Additionally, the CBP’s decision to bring in a drug dog raised the bar for justification.
Month: May 2015
South Korea mandates spyware installation on teenagers’ smartphones
A law requiring the mass installation of spyware on teenagers’ smartphones suggests that the frightening level of population control exercised by its neighbours in “Best Korea” has rubbed off on the Republic’s administrators in Seoul.
The Republic of South Korea’s Communications Commission, a media regulator modeled after the United States’ FCC, now requires telecom companies and parents to ensure a monitoring app is installed whenever anyone under the age of 19 receives a new smartphone.
The measure will only slowly come into force over the next few years as it doesn’t require old smartphones be updated, although AP reports that most schools in South Korea sent out letters to parents encouraging them to install the software anyway.
One particular monitoring app called Smart Sheriff was funded and developed by the South Korean government with the declared intent of blocking children’s access to pornography.
The app, however, effectively allows parents “to monitor how long their kids use their smartphones, how many times they use apps and which websites they visit.
Some send a child’s location data to parents and issue an alert when a child searches keywords such as ‘suicide’, ‘pregnancy’ and ‘bully’ or receives messages with those words”, reports AP.
FBI Says It Has No Idea Why Law Enforcement Agencies Are Following The Terms Of Its Stingray Non-Disclosure Agreements
The FBI doesn’t want to talk about its Stingray devices. It definitely doesn’t want local law enforcement agencies talking about them. It forces any agency seeking to acquire one to sign a very restrictive non-disclosure agreement that stipulates — among other things — that as little information as possible on IMSI catchers makes its way into the public domain, which includes opposing counsel, prosecutors’ offices and judges. The NDAs also instruct agencies to drop prosecutions if disclosure appears unavoidable. We know this because two NDAs have actually been obtained through Freedom of Information requests.
Now that Stingray usage and its attendant secrecy have been questioned by high-ranking DC legislators, the FBI is apparently feeling it should be a bit more proactive on the Stingray info front, presumably in hopes of heading off a more intrusive official inquiry. So, it has offered some “clarification” on its Stingray policies — including the NDAs it makes local agencies sign.
The “clarification” seems to contradict a great deal of what the FBI’s own NDAs require.
In a handful of criminal cases around the country, local police officers have testified in recent months that non-disclosure agreements with the FBI forbid them from acknowledging the use of secret cellphone-tracking devices. In some, prosecutors have settled cases rather than risk revealing, during court proceedings, sensitive details about the use of the devices.
The FBI, however, says such agreements do not prevent police from disclosing that they used such equipment, often called a StingRay. And only as a “last resort” would the FBI require state and local law enforcement agencies to drop criminal cases rather than sharing details of the devices’ use and “compromising the future use of the technique.”
To date, the bureau hasn’t invoked that provision, FBI spokesman Christopher Allen said in a statement to The Washington Post.
Let’s compare the official statement with statements found in the agreement signed with a New York sheriff’s department. The FBI says it’s OK for law enforcement agencies to disclose Stingray usage in this “clarification.” Here’sthe NDA:
The Erie County Sheriff’s Office shall not, in any civil or criminal proceeding, use or provide any information concerning the Harris Corporation wireless collection equipment/technology… beyond the evidentiary results obtained through the use of the equipment/technology including, but not limited to, during pre-trial matters, in search warrants and related affidavits, in discovery, in response to court ordered disclosure, in other affidavits, in grand jury hearings, in the State’s case-in-chief, rebuttal, or on appeal, or in testimony in any phase of civil or criminal trial, without the prior written approval of the FBI.
European Mobile Networks Plan To Block Ads, Not For Your Safety, But To Mess With Google
So things just keep getting stranger and stranger online. A bunch of mobile operators are apparently planning to start automatically blocking all mobile ads. Now, for those of you who hate ads online, this might seem like a good thing, but it is not. If you want to disable ads on your own, that should be your call. In fact, as we’ve noted before, we think people on the web have every right to install their own ad blockers, and we find it ridiculous when people argue that ad blocking is some form of “theft.”
But this is different… and this is dangerous.
As the reports make clear, this move has nothing to do with actually protecting the public from malicious or annoying ads… and everything to do with the mobile operators hoping to shake down Google.
The plan – which would be devastating to companies reliant on advertising – is not limited to a single European network. Its apparent aim is to break Google’s hold on advertising.
The FT report says that “an executive at a European carrier confirmed that it and several of its peers are planning to start blocking adverts this year” and will be available as an “opt-in service” however they are also considering applying the technology across their entire mobile networks.
And, the clear plan is to then go to Google and say “give us money or else”:
The unnamed European carrier in the Financial Times article is reportedly planning to target Google and block its ads to force the company into giving up some of its revenue.
Border Force bureaucrats become super-spooks
Australia’s long sleepwalk into a surveillance state continued last week, with the largely-uncontested passage of the suite of bills creating the Australian Border Force (ABF).
As well as telecommunications metadata access, the legislation wrapped the Australian Border Force (ABF) in a protective coating of spook-power.
Last week, Senator Scott Ludlam warned that the ABF – a mash-up of the “border control functions” of the Departments of Immigration and Customs – was being designated a law enforcement agency under the Telecommunications Interception Act.
That means that Australian citizens who haven’t committed a crime, or even travelled overseas, might still be swept up in a metadata request.
However, as an anonymous reader pointed out to Vulture South, the law goes even further than that.
In the digest of legislation needed to create the ABF, it’s also noted that “the Bill gives significant law enforcement powers to all officers of Department of Immigration and Border Protection (DIBP).”
What that means is that the ABF will be able to conduct controlled operations which, under the government’s new national security regime, means the agency now has the power to block reporting of its activities and pursue whistleblowers.
That’s more than a trivial change, since it’s already known that the Australian Federal Police (AFP) has been investigating journalists reporting on asylum-seeker issues to try and uncover their sources.
RIAA Cuts More Jobs, Awards Bonuses to Execs
The RIAA has just submitted its latest tax filing to the IRS, covering the fiscal year ending March 31, 2014. Time for us to see where the music industry’s anti-piracy arm stands.
In previous years the RIAA reported a massive decline in revenue after the record labels cut back on their membership dues, but this trend now appears to have stopped.
Total revenue according to the latest filing is $24.2 million, a slight increase from $24.1 million the year before. Despite the stabilizing income, which mostly comes from the record label’s membership dues, the RIAA continues to trim employees.
Over the past five years the number of employees at the RIAA has been slashed in half, dropping from 117 to just 55.
In its most recent filing the RIAA lists 55 people on the payroll compared to 58 the year before. In total these employees earned $11.7 million of which more than 25% went into the pockets of three top executives.
Interestingly, while more than half of the organization’s workers have been let go, the RIAA’s top employees have enjoyed salary increases year after year, including some healthy bonuses.
UK government quietly rewrites hacking laws to give GCHQ immunity
The UK government has quietly passed new legislation that exempts GCHQ, police, and other intelligence officers from prosecution for hacking into computers and mobile phones.
While major or controversial legislative changes usually go through normal parliamentary process (i.e. democratic debate) before being passed into law, in this case an amendment to the Computer Misuse Act was snuck in under the radar as secondary legislation. According to Privacy International, “It appears no regulators, commissioners responsible for overseeing the intelligence agencies, the Information Commissioner’s Office, industry, NGOs or the public were notified or consulted about the proposed legislative changes… There was no public debate.”
Privacy International also suggests that the change to the law was in direct response to a complaint that it filed last year. In May 2014, Privacy International and seven communications providers filed a complaint with the UK Investigatory Powers Tribunal (IPT), asserting that GCHQ’s hacking activities were unlawful under the Computer Misuse Act.
On June 6, just a few weeks after the complaint was filed, the UK government introduced the new legislation via the Serious Crime Bill that would allow GCHQ, intelligence officers, and the police to hack without criminal liability. The bill passed into law on March 3 this year, and it went into effect on May 3. Privacy International says there was no public debate before the law was enacted, with only a rather one-sided set of stakeholders being consulted (Ministry of Justice, Crown Prosecution Service, Scotland Office, Northern Ireland Office, GCHQ, police, and National Crime Agency).
Despite filing its complaint back way back in 2014, Privacy International wasn’t told about the changes to the Computer Misuse Act until last week—after the new legislation became effective. The UK government is allowed to do this, of course, but it’s a little more underhanded and undemocratic than usual.
School shootings
Jeb Bush: Repeal Obamacare and replace it with APPLE WATCHES
John “Jeb” Bush, younger brother of ex-president George “Dubya” Bush and former Governor of Florida, has found the solution to America’s healthcare problems: his Apple Watch.
At a “town hall” meeting at the Chamber of Commerce in Tempe, Arizona, Jeb said: “I think we should repeal Obamacare,” before pointing at his wristjob, reports Cult of Mac.
“On this device in five years will be applications that will allow me to manage my healthcare in ways that, five years ago, were not even possible,” continued the Republican politician, who many expect to run for the US presidency.
David Doherty, from the doctors-on-the-video-phone service 3G Doctor told El Reg that Bush isn’t alone in thinking that wearables are the holy grail for healthcare, but that Bush misses the point.
“Wearables and Obamacare are incompatible,” Doherty said. “Obamacare is an insurance scheme; if insurance companies know what you are doing through your wearable they will refuse to insure you.”
Maybe confusing a $400 watch and an insurance scheme is a mistake only a man who aspires to be US President can make.
FBI Spied On Activists Because Protecting Corporate Interests Is Roughly Equivalent To Ensuring National Security
That whole thing about the FBI not surveilling people based solely on First Amendment activity? The thing that’s been in all the (FISA) papers (and agency policies)? Yeah, the FBI hasn’t heard of it either.
The FBI breached its own internal rules when it spied on campaigners against the Keystone XL pipeline, failing to get approval before it cultivated informants and opened files on individuals protesting against the construction of the pipeline in Texas, documents reveal.
Internal agency documents show for the first time how FBI agents have been closely monitoring anti-Keystone activists, in violation of guidelines designed to prevent the agency from becoming unduly involved in sensitive political issues.
“Unduly involved” is right. First of all, a majority of what was monitored was First Amendment activity, something no federal intelligence or investigative agency is supposed to be doing. Certainly, there can be law enforcement monitoring of protests as they occur, but there’s no provision in the law that allows the FBI to monitor people solely because of their activism.
Unless, of course, these activists are declared “extremists.” Then all bets (and Constitutional protections) are off.
“Many of these extremists believe the debates over pollution, protection of wildlife, safety, and property rights have been overshadowed by the promise of jobs and cheaper oil prices,” the FBI document states.
“Extremists” are often mentioned in the same breath as “domestic terrorists,” so with a little bit of rebranding, the FBI is now able to surveill people solely for their First Amendment-protected activities. That’s handy and not totally unexpected, given the agency’s long history of eyeballing activists who run contrary to its view on How Things Should Be. At one point, it was uppity blacks and encroaching homosexuals. Now, it’s people who don’t want an oil pipeline running through their neighborhoods.