• Argument: DOJ IG reportThe Crossfire Hurricane Report’s Inconvenient Findings

    The DOJ IG report, Michael Sanchez, writers, confounds the hopes of Donald Trump’s more ardent admirers by failing to turn up anything resembling a Deep State cabal within the FBI plotting against the president, or deliberate abuse of surveillance authorities for political ends – but it also paints a disturbing picture of the FBI’s vaunted vetting process for FISA warrant applications.

  • Argument: DOJ IG reportJustice Department Inspector General’s Report Raises Troubling Questions About FBI’s Role in FISA

    The Justice Department Inspector General Michael Horowitz concluded that the FBI’s initiation of the Russia probe met legal standards, but the report issued last Monday by the Office of the Inspector General (OIG) strongly criticized the FBI’s handling of one aspect of the probe: the request for a Foreign Intelligence Surveillance Act (FISA) wiretap of ex-Trump campaign foreign policy adviser Carter Page and subsequent renewals of the FISA. Peter Margulies writes that along with the record of Russian election interference compiled in the Russia probe, institutional reforms to the FISA process will be a valuable legacy of the investigation.

  • PrivacyUnlawful Metadata Access Is Easy When We’re Flogging a Dead Law

    By Genna Churches and Monika Zalnieriute

    After watching this year’s media raids and the prosecution of lawyers and whistleblowers, it’s not hard to see why Australians wonder about excessive police power and dwindling journalistic freedom. But these problems are compounded by another, less known issue: police, and other bodies not even involved in law enforcement, have broad powers to access metadata. Each year, police alone access metadata in excess of 300,000 times.

  • SurveillanceWhatsApp's loophole reveals role of private companies in cyber-surveillance

    Last month, WhatsApp’s latest security flaw was discovered, a flaw which allow governments to spy on dissidents, activists, and journalists. An Israeli cyber company is reportedly behind the loophole — and not for the first time.

  • EncryptionThe ENCRYPT Act protects encryption from U.S. state prying

    By David Ruiz

    It’s not just the DOJ and the FBI that want to compromise your right to private communications and secure devices—some state lawmakers want to weaken encryption, too. In recent years, a couple of state legislatures introduced bills to restrict or outright ban encryption on smartphones and other devices. Fortunately, several Congress members recently introduced their own bill to stop this dangerous trend before it goes any further.

  • SurveillanceCivil liberties organizations urge transparency on NSA domestic phone record surveillance

    Last week, twenty-four civil liberties organizations sent a letter to Director of National Intelligence Daniel Coats, urging him to report—as required by law—statistics that could help clear up just how many individuals are subject to broad NSA surveillance of domestic telephone records. According to the most recent transparency report from the Office of the Director of National Intelligence (ODNI), the NSA collected more than 530 million call records in 2017, an increase of more than 300 percent from the year prior.

  • SurveillanceAustralia: Five-Eyes nations should require backdoors in electronic devices

    Australia attorney-general George Brandis said he was planning to introduce a proposal to Australia’s four intelligence-sharing partners in the Five Eyes group — the United States, United Kingdom, New Zealand, and Canada – to require technology companies to create some kind of a backdoor to their devices. Australian leaders have emerged as strong proponents of allowing law-enforcement and intelligence agencies to gain access to the information and communication records on devices used by terrorists and criminals.

  • SurveillanceBringing transparency to cell phone surveillance

    Modern cell phones are vulnerable to attacks from rogue cellular transmitters called IMSI-catchers — surveillance devices that can precisely locate mobile phones, eavesdrop on conversations or send spam. Security researchers have developed a new system called SeaGlass to detect anomalies in the cellular landscape that can indicate where and when these surveillance devices are being used.

  • SurveillanceTech firms urge Congress to enact surveillance reforms

    More than thirty leading internet companies have sent a letter to the chair of the House Judiciary Committee asking for reforms to the law used for carrying out mass surveillance. The letter concerns Section 702 of the Foreign Intelligence Surveillance Act (FISA). The act must be renewed by Congress before the end of the year. Over the years, the U.S. security agencies have creatively interpreted the law to allow them to store information on potentially millions of U.S. citizens – even though the law specifically requires the opposite.

  • WiretappingNo wiretapping at Trump Tower: Senate, House intelligence leaders

    Richard Burr (R-N.C.) and Mark Warner (D-Va.), the top two lawmakers on the Senate Intelligence Committee, on Thursday issued a statement to confirm that there is no evidence to back President Donald Trump’s assertion that Trump Tower was under surveillance. On Wednesday, Devin Nunes (R-Calif.) and Adam Schiff (D-Calif.), the leaders of the House Intelligence Committee, said there was no proof Trump was wiretapped during the administration of Barack Obama.

  • WiretappingU.K. intel agency dismisses claim it helped wiretap Trump as “utterly ridiculous”

    High-level British intelligence officials have angrily rejected an allegation that the U.K. intelligence service helped former president Barack Obama “wiretap” Donald Trump during the 2016 election. White House press secretary Sean Spicer repeated the claim in his Thursday press briefing. A spokesperson for the U.K. intelligence service dismissed Spicer’s claim as “utterly ridiculous.” A spokesman for Prime Minister Theresa May said on Friday: “We’ve made clear to the administration that these claims are ridiculous and should be ignored.”

  • National securityMichael Flynn's top aide fired from NSC after security clearance is denied

    A top aide to Michael Flynn, President Donald Trump’s national security advisor, was on Friday fired from his position as senior director for Africa at the National Security Council (NSC) after the CIA rejected his application for a high-level security clearance. Flynn himself is in hot water for misleading Vice President Mike Pence about discussions he — Flynn — had with Russian ambassador Sergey Kislyak on 29 December, in which he told the Russian ambassador not to worry about the sanctions the Obama administration had imposed on Russia that same day for its cyber-meddling in the presidential election, because Trump, after being sworn in, would lift these sanctions – as well as the sanctions imposed on Russia for annexing Crimea and invading Ukraine.

  • SurveillanceClear guidelines needed for “Stingray” devices: Congressional panel

    The House Oversight and Government Reform Committee the other day released a bipartisan staff report after a yearlong investigation into federal, state, and local law enforcement use of cell-site simulators – devices that transform a cell phone into a real-time tracking device. The report finds these law enforcement agencies have varying policies for the use of these powerful devices. As a result, the report recommends Congress pass legislation to establish a clear, nationwide framework that ensures the privacy of all Americans are adequately protected.

  • CybersecurityMalware covertly turns PCs into eavesdropping devices

    Researchers have demonstrated malware that can turn computers into perpetual eavesdropping devices, even without a microphone. Using SPEAKE(a)R, malware that can covertly transform headphones into a pair of microphones, the researchers show how commonly used technology can be exploited.

  • SurveillanceFrom 2012 to 2014, FBI submitted 561 Section215 applications: DOJ OIG

    The Department of Justice (DOJ) Office of the Inspector General (OIG) last week released a June 2016 report examining the FBI’s use of the investigative authority granted by Section 215 of the Patriot Act between 2012 and 2014. The report notes that from 2012 through 2014 the DOJ, on behalf of the FBI, submitted 561 Section 215 applications to the FISA Court, all of which were approved.