Eavesdropping

  • SurveillanceFormer head of MI6 calls for new surveillance pact between governments and ISPs

    The former head of British intelligence agency MI6, Sir John Sawers, has called for a new surveillance pact between Internet companies and U.S. and U.K. security services. Both groups could work together as they had in the past to prevent a repeat of terror events such as the recent Paris attacks, he said. American and British law enforcement and intelligence agencies are urging major Internet companies to provide backdoors or access to encrypted e-mails and other forms of Web communications. “I think one benefit of the last eighteen months’ debate [since Snowden’s leaks were made public] is that people now understand that is simply not possible [to keep the public secure without surveillance] and there has to be some form of ability to cover communications that are made through modern technology,” Sawers said.

  • SurveillanceNo technological replacement exists for bulk data collection: Report

    No software-based technique can fully replace the bulk collection of signals intelligence, but methods can be developed more effectively to conduct targeted collection and to control the usage of collected data, says a new report from the National Research Council. Automated systems for isolating collected data, restricting queries that can be made against those data, and auditing usage of the data can help to enforce privacy protections and allay some civil liberty concerns, the unclassified report says.

  • SurveillanceKeeping citizens safe while respecting their right to privacy

    Surveillance is an increasingly common – and sometimes controversial – activity, designed fundamentally to protect public and property. The rapid increase in information gathered by surveillance cameras however has led to spiraling costs in terms of storage filtering and data checking, and has also led to concerns that innocent citizens are routinely being tracked. Using innovative new technology, EU-funded researchers have reconciled the need for robust surveillance with the right to privacy.

  • SurveillanceJudges question claims that NSA metadata collection poses threat to ordinary citizens

    A panel of three judges on the U.S. Court of Appeals for the District of Columbia challenged arguments made earlier this week by Larry Klayman, a conservative lawyer arguing on his own behalf, and Cindy Cohn, an attorney representing the Electronic Frontier Foundation (EFF) and the American Civil Liberties Union (ACLU), that the National Security Agency’s (NSA) mass-surveillance program is a breach of the Fourth Amendment, which protects against unreasonable searches.The case, Klayman v. Obama, is one of three currently at the appeals-court level regarding the NSA surveillance program.In the D.C. Circuit Court of Appeals, Judges Stephen Williams and David Sentelle voiced skepticism about claims that collecting metadata posed a threat to ordinary citizens.

  • SurveillanceLaw enforcement: Apple iOS 8 software would hinder efforts to keep public safety

    With its new iOS 8 operating software, Apple is making it more difficult for law enforcement to engage in surveillance of users of iOS8 smartphones. Apple has announced that photos, e-mail, contacts, and other personal information will now be encrypted, using the user’s very own passwords — meaning that Apple will no longer be able to respond to government warrants for the extraction of data.

  • CybercrimeLeaked documents reveal law enforcement hacking methods

    Through the sourcing of a leaked documents cache from the Italian firm Hacking Team, members of the University of Toronto’s Citizen Lab have revealed the methods of law-enforcement hackers. While much of Snowden’s revelations concerned broad international surveillance, documents from Hacking Team reveal more specific methods such as the actual techniques for tapping phones and computers to operate as eavesdropping devices.

  • TerrorismJudge rules use of NSA surveillance-based information in terrorist case is legal

    Lawyers for Mohamed Mohamud, a U.S. citizen who lived in Oregon, have been denied a motion to dismiss his terrorism conviction, with the court affirming the legality of the U.S. government’s bulk phone and e-mail data collection of foreign nationals living overseas. Mohamud’s defense team claimed the surveillance violated his constitutional rights, and that federal prosecutors did not make available to the defense evidence obtained via the surveillance. U.S. District Judge Garr King upheld Mohamud’s conviction, saying that suppressing the evidence collected through NSA surveillance “and a new trial would put defendant in the same position he would have been in if the government notified him of the (surveillance) at the start of the case.”

  • SurveillanceArizona lawmaker pushes measure to limit NSA operations in the state

    Arizona State Senator Kelli Ward, a tea party Republican representing the Lake Havasu area, is pushing a bill in the State Senate which would impose limits on the ability of the NSA to operate in Arizona. In December Ward became the first legislator in the nation to declare she would introduce legislation to limit NSA activities in the state, and so far legislators in twelve other states have introduced similar bills. Arizona SB 1156 would. Among other things, prohibit local and state law enforcement officials from cooperating with the NSA and would prevent state or local prosecutors from using NSA-collected information which had not been obtained with a warrant. The bill would also withhold funds from state universities and colleges supporting the NSA with research or recruitment. Legal scholars say the courts would in all likelihood strike down Ward’s measure because Arizona, in essence, is trying to regulate the federal government.

  • SurveillanceA first: Constitutionality of NSA warrantless surveillance challenged by terrorism suspect

    Jamshid Muhtorov, a refugee from Uzbekistan now facing terrorism charges in Colorado, is the first criminal defendant who, as part of his lawyers’ defense strategy, is challenging the constitutionality of the NSA’s warrantless surveillance program. Muhtorov filed a motion Wednesday in federal court in Denver to suppress any evidence obtained through the agency’s surveillance program on grounds that it was unlawful. In July 2013 the Justice Department reversed an earlier policy, and now informs defendants whether the case against them, in whole or in part, is based on information obtained through warrantless surveillance. To date, six months after the review process at Justice was launched, Muhtorov and Mohamed Mohamud, a Portland, Oregon teenager who had been convicted after an FBI sting operation of attempting to detonate a bomb at a Christmas tree lighting ceremony, are the only defendants to receive such a disclosure.

  • SurveillanceA first: Judge in terrorism case rules defense may examine government secret FISA application

    U.S. District Judge Sharon Johnson Coleman ruled yesterday (Wednesday) that the U.S. government cannot keep secret its request to conduct clandestine surveillance of an accused would-be terrorist. The ruling gives defense attorneys an unprecedented access to a request made to the Foreign Intelligence Surveillance Act (FISA) court for permission to spy on an American citizen. Judge Coleman said her ruling is the first time a defendant’s lawyers will be given access to an application prosecutors submitted to the FISA court. Security experts warned that opening FISA applications to review in a criminal case may set a dangerous precedent.

  • SurveillanceMinnesota wants to limit law-enforcement use of wireless tracking devices

    The Minnesota Department of Public Safety’s acquisition of Kingfish and Stingray II wireless surveillance devices has come under scrutiny as the department’s Bureau of Criminal Apprehension(BCA) has used the devices in investigations. Some legislators are considering placing limits on law enforcement’s use of the data captured by the devices because of concerns over who has access to the data and how long it is being kept.

  • SurveillanceExpert calls for “surveillance minimization” to restore public trust

    Surveillance minimization — where surveillance is the exception, not the rule — could help rebuild public trust following revelations about the collection of personal data, according to an expert on privacy and surveillance. “Surveillance minimization requires surveillance to be targeted rather than universal, controlled and warranted at the point of data gathering rather than of data access, and performed for the minimum necessary time on the minimum necessary people,” he says.

  • SurveillanceObama announces reforms of U.S. intelligence data collection practices

    President Barack Obama on Friday called for a “new approach” by the U.S. intelligence community to the collection of Americans’ phone metadata. The major changes in current practices involve storage of and access to bulk metadata; the presence of a public advocate during FISA court deliberations; new privacy protections for non-Americans; and new restrictions on spying on leaders of allied countries. Obama offered a robust defense of the U.S. intelligence services, saying that there was no evidence they had abused their power, and that many of their methods were necessary to protect Americans. “We will not apologize simply because our services may be more effective,” he said. The president pointedly noted that some countries that “have loudly criticized the NSA privately acknowledge that America has special responsibilities as the world’s only superpower . . . and that they themselves have relied on the information we obtain to protect their own people.”

  • SurveillanceNSA’s bulk collection programs’ contribution to thwarting terrorism minimal: study

    There are two questions about the NSA’s bulk information collection programs: are these programs legal? Are they effective? On the second questions, supporters of the programs say these surveillance measures are essential, and as proof they claim these programs helped thwart more than fifty potential terrorist attacks in more than twenty countries around the world. A new in-depth analysis shows, however, that these claims are overblown and even misleading. The study of 225 individuals recruited by al-Qaeda, or a like-minded group, or inspired by al-Qaeda’s ideology, and charged in the United States with an act of terrorism since 9/11, demonstrates that traditional investigative methods provided the initial impetus for investigations in the majority of cases, while the contribution of NSA’s bulk surveillance programs to these cases was minimal.

  • SurveillanceReview panel calls for prohibiting NSA bulk collection of phone metadata

    A 300-page report prepared for President Barack Obama made forty-six recommendations for better management of, and different guiding rules for, U.S. surveillance programs. Among the report’s recommendations: The NSA should be banned from attempting to undermine the security of the Internet and prohibited from collecting telephone records in bulk; spying on foreign leaders should require an authorization from a higher level then is currently the case; the government should be banned from undermining encryption. The president will announce by 28 January which of the forty-six recommendations he would accept.