Category: Spying

While I’m on my soapbox, we should be really mad at Google and Facebook and Microsoft, because they’re doing a very interesting, and I think, very dangerous thing. They’ve decided to come out and say “we oppose this new FISA bill, because it doesn’t go far enough.” And when you peel that onion back a bit and say “Why are you doing this? This is a good bill, it’s safe, it’s bi-partisan, it’s rational. It meets all the requirements for 4th Amendment protections and privacy protection and allowing the system to work.”

And they say, “Well, we have to do this because we’re trying to make sure we don’t lose our European business.” I don’t know about the rest of you but that offends me from the words “European business.” Think about what they’re doing. They’re willing to, in their mind, justify the importance of their next quarter’s earnings in Europe versus the national security of the United States. Everybody on those boards should be embarrassed and their CEOs should be embarrassed and their stockholders should be embarrassed. That one quarter cannot be worth the national security of the United States for the next ten generations.”

Link (Techdirt)

San Francisco – 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.

It seems like many US courts have trouble understanding the term “abroad”. Lets hope this one understands it.

Link (EFF)

… but I don’t think for a second the court will get what it has asked for.

Late Friday, a judge in California ordered the DOJ to hand over key rulings from the FISA Court concerning the legality of the bulk records collection under Section 215 of the PATRIOT Act. As you probably know by now, Section 215 is the “business records” provision, that the government claims allows the NSA to collect phone and other records on all communications in the US (despite the fact that the law itself is limited to the FBI and is only supposed to be about records related to terrorism). The FISA Court, however, has broadly (mis)interpreted the law, but done so in secret, such that the NSA now believes it can get basically any phone record (and lots of other kinds of records as well). The EFF filed a lawsuit after its attempt to get access to the relevant FISA Court interpretations (five of ’em) was denied, and the judge is now ordering the DOJ to let them see the rulings in question, after a heavily redacted deposition wasn’t satisfying enough. The ruling is worth reading. The judge basically says that the DOJ has very little credibility on these things, having withheld info it should have released in the past.

Link (Techdirt)

As the whistleblowing NSA sysadmin Edward Snowden made his dramatic escape to Russia a year ago, a secret US government jet – previously employed in CIA “rendition” flights on which terror suspects disappeared into invisible “black” imprisonment – flew into Europe in a bid to spirit him back to America, the Register can reveal.

Link (The Register)

This is a follow up on the Jewel vs NSA case from last week

For an agency whose motto is “Collect It All,” the NSA’s claim that its mission could be endangered by a court order to preserve evidence is a remarkable one. That is especially true given the immense amount of data the NSA is known to process and warehouse for its own future use.
The NSA also argued that retaining evidence for EFF’s privacy lawsuit would put it in violation of other rules designed to protect privacy. But what the NSA presents as an impossible choice between accountability and privacy is actually a false one. Surely, the NSA — with its ability to sift and sort terabytes of information — can devise procedures that allow it to preserve the plaintiffs’ data here without retaining everyone’s data.
The crucial question is this: If the NSA does not have to keep evidence of its spying activities, how can a court ever test whether it is in fact complying with the Constitution?

(…)

The ACLU calls this “too big to comply,”

Link (Techdirt)

An article over at Techdirt show how the relationship between the NSA and tech companies have changed since Edward Snowden and Glen Greenwald published the information about the extent of US spying.

companies are now proactively doing everything possible to counteract the NSA, realizing that they actually have to think about the impact on their customers when (not if) these programs become public. What used to be a simple relationship, with a lot of help from various companies, has changed to something much more approaching a directly adversarial relationship.

There is still a long way to go, but just the fact that companies now have to take into account “how will this look when splashed across the internet” means that they’re already going much, much further in protecting the privacy of their users and customers.

All thanks to Mr. Edward Snowden. I say the world owes that man a lot of gratitude.

Spying on regular citizens? Not so much.

Germany To Begin Formal Investigation Into NSA Surveillance — But Only Of Angela Merkel

Germany’s federal prosecutor has launched the country’s first formal investigation into the activities of the NSA in Germany, specifically the U.S. intelligence agency’s reported bugging of Chancellor Angela Merkel’s mobile phone.

Harald Range said on Wednesday that the other potential avenue of investigation — that of the surveillance of the German people — remained open, though no investigation was being launched yet due to a lack of evidence.

So spying on all of Germany is perfectly fine. Spying on Angela Merkel is apparently not fine.

This post is related to the post DOJ Admits It’s Still Destroying Evidence In NSA Case; Judge Orders Them (Again) To Stop; DOJ Flips Out

Yesterday afternoon, EFF filed an emergency motion with U.S. District Judge Jeffrey S. White, explaining that communications with government lawyers over the last week had revealed that the government has continued to destroy evidence relating to the mass interception of Internet communications it is conducting under Section 702 of the FISA Amendments Act. The judge responded less than two hours later, reiterating that his TRO was still in place and continues to prohibit the destruction of evidence collected under Section 702. Late Thursday evening, the government filed papers with the court, claiming that compliance with the preservation order that has been in effect since March “would cause severe operational consequences” for the NSA, “including the possible suspension of the Section 702” program.

“This TRO has been in place since March. Yet we are only hearing these excuses now,” said EFF Legal Director Cindy Cohn. “Once again, the government has secretly and unilaterally reinterpreted its obligations about the evidence preservation orders, and determined that it need not comply with a federal court order, and now is asking for a blessing from the court after the fact. We are pleased that Judge White has called this emergency hearing to get to the bottom of this.”

Link (EFF)