• SurveillanceEuropean Court of Justice: U.S. data systems expose users to state surveillance

    The European Court of Justice (ECJ) in Luxembourg has ruled that U.S. digital data storage systems fail to provide sufficient privacy from state surveillance. The ECJ declared the American so-called safe harbor scheme “invalid.” The ruling, which is binding on all EU members states, stated that: “The United States … scheme thus enables interference, by United States public authorities, with the fundamental rights of persons…” The ruling will have far-reaching ramifications for the online industry and would likely lead many companies to relocate their operations.

  • EncryptionApple's encryption prevents it from complying with U.S. court order

    Apple said it could not comply with a court order to hand over texts sent using iMessage between two iPhones because the company’s encryption system makes it impossible to do so. The Justice Department persuaded the court to issue the order to facilitate an investigation involving guns and drugs. Legal experts say this is the first known direct face-off between the U.S. government and Apple over encryption. The FBI contends that such encryption puts the American public at risk because it makes it harder, if not impossible, to track and catch terrorists, pedophiles, and other criminals.

  • SurveillanceGerman prosecutors charge news Web site with treason over leaks of surveillance plan

    German authorities have launched a treason investigation into a news Web site which had reported on government plans to broaden state surveillance of online communications. This is the first time in more than fifty years that German journalists are facing treason charges for publishing leaked documents.

  • SurveillanceNSA to destroy millions of American call records collected under controversial program

    The director of national intelligence said on Monday that the NSA would no longer examine call records collected by the NSA in its controversial bulk collection program before the June reauthorization of the Patriot Act which prohibits such collection. Bulk records are typically kept for five years, but the director said that although the records in the NSA database were collected lawfully, they would not be examined, and would soon be destroyed.

  • CybersecurityJournalists’ computer security tools lacking in a post-Snowden world

    Edward Snowden’s leak of classified documents to journalists around the world about massive government surveillance programs and threats to personal privacy ultimately resulted in a Pulitzer Prize for public service. Though Snowden had no intention of hiding his identity, the disclosures also raised new questions about how effectively news organizations can protect anonymous sources and sensitive information in an era of constant data collection and tracking. Researchers found a number of security weaknesses in journalists’ and news organizations’ technological tools and ad-hoc workarounds.

  • SurveillanceIn first case of its kind, UK high court rules surveillance law unconstitutional

    By Marianne Franklin

    Controversial surveillance legislation hustled through parliament last summer has been ruled unlawful by the U.K. High Court, which argued that the vague terms and descriptions of powers in the Data Retention and Investigatory Powers Act 2014 (DRIPA) renders the act incompatible with human rights under European law. DRIPA, one in a series of laws supporting controversial surveillance powers passed by successive U.K. governments, establishes the principle by which anti-terrorism measures and national security priorities take precedence over human rights considerations. However, the judgment rules that the EU Charter of Fundamental Rights must take precedence, and in doing so requires the U.K. government to undo its own act of parliament — a significant precedent by a British court.

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  • EncryptionPrivacy vs. security debate intensifies as more companies offer end-to-end-encryption

    A long running debate has now come to the fore with greater urgency. The tension between the privacy that encryption offers, and the need for law enforcement and national security agencies to have access to secured and encrypted e-mail, has become more acute in the last two years. The revelations of Edward Snowden about the post-9/11 reach and scope of surveillance by intelligence agencies and law enforcement, have caused some tech giants to offer encrypted services to their customers – encrypted services which enhance customers’ privacy protection, but which at the same time make it impossible for law enforcement and intelligence services to track and monitor terrorists and criminals. “Our job is to find needles in a nationwide haystack, needles that are increasingly invisible to us because of end-to-end encryption,” FBI director James Comey told lawmakers in recent hearing on the Hill.

  • Quick Take // By Ben FrankelSnowden fallout: Revelations forced U.K. to pull out agents from “hostile countries”

    The British security services had to pull out agents from “hostile countries” as a result of information the Chinese and Russian intelligence services obtained when they gained access to the millions of top-secret NSA files Edward Snowed was carrying with him when he fled to Honk Kong and then to Russia. Snowden assured journalists who interviewed him that the Chinese and Russian intelligence services would not be able to access these files because he encrypted them with the highest encryption methods available. Security experts commented that he was either naïve or disingenuous – because he must have known, or should have known, that the cyber capabilities these two countries would make it relatively easy for them to crack the encrypted files he was carrying with him. We now know that these security experts were right.

  • SurveillanceAdministration rejects criticism of NSA’s surveillance of foreign hackers

    Just two years after the Edward Snowden leaks exposed the NSA’s domestic surveillance program, another report released last Friday from the Snowden files shares information about the NSA’s efforts to track foreign hackers. As with the NSA’s controversial foreign surveillance program which kept metadata records of suspected foreign terrorists’ conversations with Americans, the NSA’s hacker program may incidentally gather Americans’ private information from the files of foreign hackers.

  • SurveillanceAdministration asks court for six more months of NSA bulk metadata collection

    Just four hours after President Barack Obama vowed to sign the USA Freedom Actwhich limits the NSA’s domestic bulk data collection program, his administration asked the Foreign Intelligence Surveillance (FISA) court to ignore a ruling by the second circuit court of appeals declaring the bulk surveillance program unauthorized, and instead grant the NSA power to continue bulk collection for six months. In its request, the administration pointed to a six months transition period provided in the USA Freedom Act as a reason to permit an “orderly transition” of the NSA’s domestic bulk collection program.

  • Encryption“Dark Internet” inhibits law enforcement’s ability to identify, track terrorists

    For several months, Islamic State militants have been using instant messaging apps which encrypt or destroy conversations immediately. This has inhibit U.S. intelligence and law enforcement agencies from identifying and monitoring suspected terrorists, even when a court order is granted, because messaging companies and app developers say they are unable to unlock the coded conversations and/or do not have a record of the conversations. “We’re past going dark in certain instances,” said Michael B. Steinbach, the FBI’s top counterterrorism official. “We are dark.”

  • SurveillanceBroad NSA surveillance powers, granted in 2006, expired on midnight

    The NSA’s broad domestic surveillance authority, granted to the agency when the Patriot Act was first reauthorized in 2006, expired on midnight after the Senate failed to extend Section 215 of the Patriot Act, which governs surveillance, or approve the House’s USA Freedom Act, which modified Section 215. The Senate did vote, 77-17, to take up the House bill on Tuesday. The failure of the Senate to do extend or modify the NSA’s surveillance power was the result of the unyielding position of Senator Rand Paul (R-Kentucky), and also the result of a miscalculation by Senator Mitch McConnell (R-Kentucky), the majority leader, who believed that the prospect of the expiration of Section 215 would lead opponent of the surveillance programs, supporters of the current program, and supporters of the House’s USA Freedom Act to agree to a few weeks extension of Section 215 to allow for more negotiations among senators and between senators and House member. The Senate did vote, 77-17, to take up the House bill on Tuesday. It remains to be seen, however, how many, and what type, of amendments McConnell would allow to be brought to the floor, and, if some of these amendments are approved, whether House members would agree to any modifications to the USA Freedom Act.

  • EncryptionTech companies urge rejection of push by FBI, DOJ for electronic devices “backdoors”

    In a 19 May letter to President Barack Obama, a group of Silicon Valley tech companies, cyber-security experts, and privacy advocacy groups urged the president to reject the implementation of “backdoors” in smartphone and computer encryption. The letter offered evidence of the  strong objection of the tech industry to demands from the Justice Department and the Federal Bureau of Investigation (FBI) to allow secret backdoor passages into consumer electronics, which would make it possible for law enforcement to read encrypted private communications and data.

  • SurveillanceHouse-approved NSA reform bill fails in Senate

    Earlier this morning (Saturday), for the second time in less than a year, the Senate rejected a bill to end the National Security Agency’s (NSA) bulk collection of American phone metadata records. The House-approved USA Freedom Act failed to reach the 60-vote threshold required to bring the bill to a vote on the floor (the vote was 57-42 in favor – three votes short). The bill’s opponents used different procedural maneuvering, lasting until the early morning hours Saturday, to block the bill itself from coming to a vote. The failure to pass the House bill – or any bill dealing with bulk collection – means that Senate, when it reconvenes on 31 May, will have only a few hours to decide the fate of Section 215 of the Patriot Act – the section which governs data collection and which has given the NSA and FBI broad domestic surveillance powers – before it expires on midnight that day. Senate GOP caucus is deeply divided on the issue, but House Republicans and Democrats exhibit a rare accord.

  • SurveillanceHouse overwhelmingly votes for overhauling NSA phone metadata bulk collection program

    The House yesterday voted overwhelmingly to ban the bulk collection of American phone metadata, as lawmakers increase the pressure to reform one of the more controversial data collection programs of the National Security Agency (NSA). The program was revealed as a result of Edward Snowden’s leaks. The House voted 338-88 in favor of the USA Freedom Act — the second time the House has voted for a more restrictive data collection scheme. Supporters of surveillance reform are more confident that there will be a majority in the Senate to support a similar measure. The House bill has already gained the support of the White House and the intelligence community. The Senate does not have much time, as the Patriot Act – which includes Section 215 which governs the NSA surveillance program – expires at the end of the month. Leading civil liberties organizations, however, have criticized the bill as not going far enough.