Laws and regulations

  • SurveillancePolice cell-phone tracking raises privacy concerns

    Law enforcement agencies around the country are using the International Mobile Subscriber Identity locator (IMSI catcher), known as Stingray, to track cellphone users for the purpose of assisting criminal investigations. Stingray masquerades as a cellphone tower, tricking phones into sending it a signal that law enforcement can later use to identify the serial number of the phone and track the subscriber or cellphone user. Privacy advocates are worried about widespread police tracking of cellphones and violations of privacy.

  • Plastic gunsLawmakers: Old plastic gun law has not kept pace with technology

    The U.S. House of Representativesvoted last Tuesday to renew the 25-year old Undetectable Firearms Actwhich prohibits firearms that can evade metal detectors and X-ray machines. Law enforcement agencies say that developments in 3D printing make the law insufficient, and lawmakers who proposed amending the Act say that the only way to make such guns detectable is to require that at least one component of the firing mechanism in a plastic gun contain enough metal to be detectable in a magnetometer — and that that component be undetachable. The NRA opposes these requirements, saying that they would infringe on the Second Amendment rights of citizens.

  • TerrorismTexas terror case may hinge on reason for a FISA warrant

    The Foreign Intelligence Surveillance Act (FISA), passed in 1978, was the center of a Fifth Circuit Court of Appeals trial last Thursday in New Orleans. The case involves Khalid Ali-M Aldawsari, a former Texas Tech student serving a life sentence for an attempted use of a weapon of mass destruction. At trial, federal prosecutors described Aldawsari as a “lone wolf” terrorist planning to wage a personal “holy war” from Lubbock, Texas. In the application for the warrants, however, prosecutors identified Aldawsari to a FISA court judge as an “agent of a foreign power.”

  • License-plate readersMore states move to limit LPR use

    Law-enforcement units across the United States have been using license plate readers (LPRs) to monitor vehicles on public roads in order to locate missing individuals, investigate murderers, or track hit-and-run drivers. Privacy advocates are concerned with the wholesale storage of license plate information, and the fact that some municipalities have no limits on how long plate numbers can be stored. LPRs proponents are worried that the recent revelations about the NSA surveillance programs make it difficult for LPRs and other law-enforcement technology to get a fair hearing.

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  • License-plate readersWisconsin legislature considering restriction on LPRs

    State legislators in Wisconsin have proposed a law to limit the use of license plate readers, drawing criticism from local law enforcement. Republican state Representative David Craig, the sponsor of the proposed legislation, said: “The vast majority of [the LPR] images are becoming nothing more than a database of the whereabouts of average citizens. The time has come to ensure the civil rights of citizens are not being violated, while also ensuring law enforcement has the tools needed to effectively enforce our state’s laws.”

  • TerrorismIsrael withdraws from U.S. terror case to placate China

    The Israeli government has prohibited a former security official from testifying in an anti-terrorism case in the United States. The case involves families of victims of Palestinian suicide bombers who claim the Bank of China facilitated transfers of funds used to carry out the suicide attacks, and other attacks which are not part of the case. The Israeli government initially pushed for the official’s testimony because it would have shed light on the services the Bank of China offered Hamas and Islamic Jihad – but now says it would not allow him to testify for fear the testimony would reveal methods and sources.Critics of Netanyahu’s U-turn on the issue of fighting terrorism, an issue which has been central to his political career, say that preventing the official from testifying has nothing to do with intelligence information. Rather, it has to do with Israel’s growing economic and security relations with China.

  • 3D printed firearmsSecurity agencies concerned about plastic guns

    The Undetectable firearms Act of 1988, which makes it illegal to manufacture, import, sell, ship, deliver, process, transfer, or receive a firearm which is not detectable by walk-through metal detection, is set to expire on 9 December 2013. If Congress fails to reauthorize the law, plastic guns will no longer require metal components which are detectable by metal detectors. “When these 3D firearms are manufactured, some of the weapons can defeat normal detection such as metal detectors, wands, and it could present a problem to public safety in a venue such as an airport, an arena, a courthouse,” says ATF assistant director Richard Marianos.

  • DronesOhio lawmakers want to limit use of drones by law enforcement

    State lawmakers in Ohio want to limit the use of drones by law enforcement agencies in the state.A proposed bill would require law enforcement to obtain a search warrant before using drones. It would prohibit law enforcement from using drones to search for missing persons, locate illegal marijuana operations, or perform several actions officers currently handle with helicopter surveillance.

  • SurveillanceAdvanced police surveillance technologies pose significant privacy concerns

    Much of the attention on surveillance in the media focuses on the National Security Agency (NSA), but there is not a lot of scrutiny on local domestic surveillance. In 1997, about 20 percent of police departments in the United States used some type of technological surveillance. By 2007, that number had risen to more than 70 percent of departments. Experts in criminal law and information privacy warn that the widespread use of advanced surveillance technologies such as automatic license plate readers, surveillance cameras, red light cameras, and facial recognition software by state and local police departments, combined with a lack of oversight and regulation, have the potential to develop into a form of widespread community surveillance, which ought to pose significant privacy concerns to law-abiding citizens.

  • ConspiraciesDHS: conspiracy theories about DHS purchases unequivocally false

    Conspiracy theorists have pointed to several DHS solicitations for gear and ammunition as “proof” that the department is in the process of creating, training, and equipping a secret force, the purpose of which would be to suppress public dissent – or worse: one blogger wrote that “Another possible conclusion [regarding DHS’s ammo purchases] is that the bullets are intended to coerce and, if need be, kill us.” DHS flatly rejects these conspiratorial assertions as unequivocally false, saying that each and every purchase is in line with past purchases and in support of on-going, legitimate, and transparent departmental operations.

  • SurveillanceWeakening cybersecurity to facilitate NSA surveillance is dangerous: experts

    In the wake of revelations about the NSA surveillance programs, an expert on surveillance and cybersecurity recommended a re-evaluation of those surveillance practices that weaken commercial products and services. These practices include weakening standards and placing “back doors” into products that are accessible to U.S. government agencies. The expert – Jon Peha, former chief technology officer of the FCC and assistant director of the White House’s Office of Science and Technology — said deliberately weakening commercial products and services may make it easier for U.S. intelligence agencies to conduct surveillance, but “this strategy also inevitably makes it easier for criminals, terrorists and foreign powers to infiltrate these systems for their own purposes.”

  • Security clearancesLawmakers want better security clearance process

    The Senate Homeland Security and Governmental Affairs Committee(HSGAC) held a hearing last week to review security clearance procedures in light of Edward Snowden’s leaks and the Washington Navy Yard assault in which contractor Aaron Alexis shot and killed twelve people. Members of various federal agencies involved in issuing security clearances testified about their initiatives to improve the security clearance process, but legislators pushed for concrete plans and changes to the current system.

  • SurveillanceSenate panel’s NSA curbs not enough: critics

    Yesterday, the Senate’s intelligence committee approved by an 11-4, and released the text of, a bill which would scale back the NSA’s bulk collection of Americans’ telephone records, increase congressional and judicial oversight of intelligence activities, and create 10-year prison sentences for people who access the classified material without authorization. Critics of U.S. surveillance programs and privacy rights advocates said the bill does little, if anything, to end the daily collection of millions of records that has spurred widespread demands for reform.

  • Law-enforcement technologyCourt: a warrant is required for GPS tracking of suspects’ vehicles

    A federal appeals court in Philadelphia has ruled that law enforcement officials must obtain a warrant before attaching a GPS device to a suspect’s car.The appeals judges said that “A GPS search extends the police intrusion well past the time it would normally take officers to enter a target vehicle and locate, extract, or examine the then-existing evidence.” They also pointedly noted that “Generally speaking, a warrant-less search is not rendered reasonable merely because probable cause existed that would have justified the issuance of a warrant.”

  • Halloween risksDHS, FDA: Decorative contact lenses for Halloween costumes are risky

    Many will celebrate Halloween today, and federal officials are warning the public about the dangers associated with counterfeit decorative contact lenses. Decorative and colored lenses are becoming increasingly popular, especially around this time of year. Several federal agencies have teamed up to launch Operation Double Vision – already underway — to seize illegal, harmful products from store shelves.