Privacy Media ArticlesExcerpts of Key Privacy Media Articles in Major Media
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Despite President Barack Obama's vow to open government more than ever, the Justice Department is defending Bush administration decisions to keep secret many documents about domestic wiretapping, data collection on travelers and U.S. citizens, and interrogation of suspected terrorists. "The signs in the last few days are not ... encouraging," said Jameel Jaffer, an attorney for the American Civil Liberties Union, which filed several lawsuits seeking the Bush administration's legal rationales for warrantless domestic wiretapping and for its treatment of terrorism detainees. The documents sought in these lawsuits "are in many cases the documents that the public most needs to see," Jaffer said. "It makes no sense to say that these documents are somehow exempt from President Obama's directives." Groups that advocate open government, civil liberties and privacy were overjoyed that Obama on his first day in office reversed the FOIA policy imposed by Bush's first attorney general, John Ashcroft. Obama pledged "an unprecedented level of openness in government" and ordered new FOIA guidelines written with a "presumption in favor of disclosure." But Justice's actions in courts since then have cast doubt on how far the new administration will go. "This is not change," said ACLU executive director Anthony Romero. "President Obama's Justice Department has disappointingly reneged" on his promise to end "abuse of state secrets."
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Electronic surveillance and collection of personal data are "pervasive" in British society and threaten to undermine democracy, peers [in the House of Lords] have warned. CCTV cameras and the DNA database were two examples of threats to privacy, the Lords constitution committee said. It called for compensation for people subject to illegal surveillance. Civil liberties campaigners have warned about the risks of a "surveillance society" in which the state acquires ever-greater powers to track people's movements and retain personal data. In its report, the Lords constitution committee said growth in surveillance by both the state and the private sector risked threatening people's right to privacy, which it said was "an essential pre-requisite to the exercise of individual freedom". People were often unaware of the scale of personal information held and exchanged by public bodies, it said. "There can be no justification for this gradual but incessant creep towards every detail about us being recorded and pored over by the state," committee chairman and Tory peer Lord Goodlad said. "The huge rise in surveillance and data collection by the state and other organisations risks undermining the long-standing tradition of privacy and individual freedom which are vital for democracy," Lord Goodlad added. Human rights campaigners Liberty welcomed the report.
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OLBERMANN: It has taken less than 24 hours after the Bush presidency ended for a former analyst at the National Security Agency to come forward to reveal new allegations about how this nation was spied on by its own government. Russell Tice [reveals] that under the collar of fighting terrorism, the Bush administration was also targeting specific groups of Americans for surveillance. TICE: The National Security Agency had access to all Americans‘ communications, faxes, phone calls, and their computer communications. They monitored all communications. What was done was a sort of an ability to look at the meta data, the signaling data for communications, and ferret that information to determine what communications would ultimately be collected. Basically, filtering out sort of like sweeping everything with that meta data, and then cutting down ultimately what you are going to look at and what is going to be collected, and in the long run have an analyst look at, you know, needles in a haystack for what might be of interest. OLBERMANN: I mention that you say specific groups were targeted. What group or groups can you tell us about? TICE: [Some of the groups they] collected on were U.S. news organizations and reporters and journalists. The collection ... was 24/7, and you know, 365 days a year, and it made no sense.
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U.S. spy agencies' sensitive data should soon be linked by Google-like search systems. Director of National Intelligence Mike McConnell has launched a sweeping technology program to knit together the thousands of databases across all 16 spy agencies. After years of bureaucratic snafus, intelligence analysts will be able to search through secret intelligence files the same way they can search public data on the Internet. Linking up the 16 agencies is the challenge at the heart of the job of director of national intelligence, created after 9/11. The new information program also is designed to include Facebook-like social-networking programs and classified news feeds. It includes enhanced security measures to ensure that only appropriately cleared people can access the network. The price tag is expected to be in the billions of dollars. The impact for analysts, Mr. McConnell says, "will be staggering." Not only will analysts have vastly more data to examine, potentially inaccurate intelligence will stand out more clearly, he said. Today, an analyst's query might scan only 5% of the total intelligence data in the U.S. government, said a senior intelligence official. Even when analysts find documents, they sometimes can't read them without protracted negotiations to gain access. Under the new system, an analyst would likely search about 95% of the data, the official said.
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This is the year when automated face-recognition finally goes mainstream, and it's about time we considered its social and political implications. Researchers are developing sharply accurate scanners that monitor faces in 3D and software that analyses skin texture to turn tiny wrinkles, blemishes and spots into a numerical formula. The strongest face-recognition algorithms are now considered more accurate than most humans - and already the Home Office and the Association of Chief Police Officers have held discussions about the possibility of linking such systems with automatic car-numberplate recognition and public-transport databases. Join everything together via the internet, and voilŕ - the nation's population, down to the individual Times reader, can be conveniently and automatically monitored in real time. So let's understand this: governments and police are planning to implement increasingly accurate surveillance technologies that are unnoticeable, cheap, pervasive, ubiquitous, and searchable in real time. And private businesses, from bars to workplaces, will also operate such systems, whose data trail may well be sold on or leaked to third parties - let's say, insurance companies that have an interest in knowing about your unhealthy lifestyle, or your ex-spouse who wants evidence that you can afford higher maintenance payments.
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The Maryland State Police surveillance of advocacy groups was far more extensive than previously acknowledged, with records showing that troopers monitored -- and labeled as terrorists -- activists devoted to such wide-ranging causes as promoting human rights and establishing bike lanes. Intelligence officers created a voluminous file on Norfolk-based People for the Ethical Treatment of Animals, calling the group a "security threat" because of concerns that members would disrupt the circus. Angry consumers fighting a 72 percent electricity rate increase in 2006 were targeted. The DC Anti-War Network, which opposes the Iraq war, was designated a white supremacist group, without explanation. One of the possible "crimes" in the file police opened on Amnesty International, a world-renowned human rights group: "civil rights." The [surveillance] ... confirmed the fears of civil liberties groups that have warned about domestic spying since the Sept. 11, 2001, attacks. "No one was thinking this was al-Qaeda," said Stephen H. Sachs, a former U.S. attorney and state attorney general appointed by Gov. Martin O'Malley (D) to review the case. "But 9/11 created an atmosphere where cutting corners was easier." Maryland has not been alone. The FBI and police departments in several cities, including Denver in 2002 and New York before the 2004 Republican National Convention, also responded to [dissent] by spying on activists.
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The National Security Agency (NSA) is developing a tool that George Orwell's Thought Police might have found useful: an artificial intelligence system designed to gain insight into what people are thinking. The device will be able to respond almost instantaneously to complex questions posed by intelligence analysts. As more and more data is collectedthrough phone calls, credit card receipts, social networks like Facebook and MySpace, GPS tracks, cell phone geolocation, Internet searches, Amazon book purchases, even E-Z Pass toll records - it may one day be possible to know not just where people are and what they are doing, but what and how they think. The system is so potentially intrusive that at least one researcher has quit, citing concerns over the dangers in placing such a powerful weapon in the hands of a top-secret agency with little accountability. Known as Aquaint, which stands for "Advanced QUestion Answering for INTelligence," the project was run for many years by John Prange, an NSA scientist at the Advanced Research and Development Activity. A supersmart search engine, capable of answering complex questions ... would be very useful for the public. But that same capability in the hands of an agency like the NSA - absolutely secret, often above the law, resistant to oversight, and with access to petabytes of private information about Americans - could be a privacy and civil liberties nightmare. "We must not forget that the ultimate goal is to transfer research results into operational use," said ... Prange.
Note: Watch a highly revealing PBS Nova documentary providing virtual proof that the NSA could have stopped 9/11 but chose not to. For more along these lines, see concise summaries of deeply revealing news articles on intelligence agency corruption and the disappearance of privacy.
Using technology originally developed for mass disasters, Boston disease trackers are embarking on a novel experiment - one of the first in the country - aimed at eventually creating a citywide registry of everyone who has had a flu vaccination. The resulting vaccination map would allow swift intervention in neighborhoods left vulnerable to the fast-moving respiratory illness. The trial starts this afternoon, when several hundred people are expected to queue up for immunizations at the headquarters of the Boston Public Health Commission. Each of them will get a bracelet printed with a unique identifier code. Information about the vaccine's recipients, and the shot, will be entered into handheld devices similar to those used by delivery truck drivers. Infectious disease specialists in Boston and elsewhere predicted that the registry approach could prove even more useful if something more sinister strikes: a bioterrorism attack or the long-feared arrival of a global flu epidemic. In such crises, the registry could be used to track who received a special vaccine or antidote to a deadly germ. "Anything you can do to better pinpoint who's vaccinated and who's not, that's absolutely vital," said Michael Osterholm, director of the Center for Infectious Disease Research & Policy at the University of Minnesota. "I wish more cities were doing this kind of thing." When people arrive for their shots, they will get an ID bracelet with a barcode. Next, basic information - name, age, gender, address - will be entered into the patient tracking database. There will be electronic records, too, of who gave the vaccine and whether it was injected into the right arm or the left, and time-stamped for that day.
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Imagine someone watching your every move, hearing everything you say and knowing where you are at every moment. If you have a cell phone, it could happen to you. After four months of harassing phone calls, Courtney Kuykendall was afraid to answer her cell phone. The Tacoma, Washington, teenager was receiving graphic, violent threats at all hours. And when she and her family changed their cell phone numbers and got new phones, the calls continued. Using deep scratchy voices, anonymous stalkers literally took control of the Kuykendall's cell phones, repeatedly threatened Courtney with murder and rape, and began following the family's every move. "They're listening to us and recording us," Courtney's mother, Heather Kuykendall, told NBC's Today Show. "We know that because they will record us and play it back as a voicemail." How is something like this possible? Just take a look on the internet. That's where you'll find the latest spy technology for cell phones. Spyware marketers claim you can tap into someone's calls, read their text messages and track their movements "anywhere, anytime." Security experts say it's no internet hoax."It's real, and it is pretty creepy," said Rick Mislan, a former military intelligence officer who now teaches cyber forensics at Purdue University's Department of Computer and Information Technology. Mislan has examined thousands of cell phones inside Purdue's Cyber Forensics Lab, and he says spy software can now make even the most high-tech cell phone vulnerable. "I think a lot of people think their cell phone calls are very secure but our privacy isn't always what we think it is."
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Internet "black boxes" will be used to collect every email and web visit in the UK under the Government's plans for a giant "big brother" database, The Independent has learnt. Home Office officials have told senior figures from the internet and telecommunications industries that the "black box" technology could automatically retain and store raw data from the web before transferring it to a giant central database controlled by the Government. Plans to create a database holding information about every phone call, email and internet visit made in the UK have provoked a huge public outcry. Richard Thomas, the Information Commissioner, described it as "step too far" and the Government's own terrorism watchdog said that as a "raw idea" it was "awful". News that the Government is already preparing the ground by trying to allay the concerns of the internet industry is bound to raise suspicions about ministers' true intentions. Further details of the database emerged on Monday at a meeting of internet service providers (ISPs) in London where representatives from BT, AOL Europe, O2 and BSkyB were given a PowerPoint presentation of the issues and the technology surrounding the Government's Interception Modernisation Programme (IMP), the name given by the Home Office to the database proposal. "It was clear the 'back box' is the technology the Government will use to hold all the data. But what isn't clear is what the Home Secretary, GCHQ and the security services intend to do with all this information in the future," said a source close to the meeting.
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Interpol is planning to expand its role into the mass screening of passengers moving around the world by creating a face recognition database. Every year more than 800 million international travellers fail to undergo "the most basic scrutiny" to check whether their identity documents have been stolen, the global policing cooperation body has warned. Senior figures want a system that lets immigration officials capture digital images of passengers and immediately cross-check them against a database of pictures of [alleged] terror suspects, international criminals and fugitives. The UK's first automated face recognition gates -- matching passengers to their digital image in the latest generation of passports -- began operating at Manchester airport in August. Mark Branchflower, head of Interpol's fingerprint unit, will this week unveil proposals in London for the creation of biometric identification systems that could be linked to such immigration checks. The civil liberties group No2ID, which campaigns against identity cards, expressed alarm at the plans. "This is a move away from seeking specific persons to GCHQ-style bulk interception of information," warned spokesman Michael Parker. "This is the next step. Law enforcement agencies want the most efficient systems but there has to be a balance between security and privacy."
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Everyone who buys a mobile telephone will be forced to register their identity on a national database under government plans to extend massively the powers of state surveillance. Phone buyers would have to present a passport or other official form of identification at the point of purchase. Privacy campaigners fear it marks the latest government move to create a surveillance society. A compulsory national register for the owners of all 72m mobile phones in Britain would be part of a much bigger database. Whitehall officials have raised the idea of a register containing the names and addresses of everyone who buys a phone in recent talks with Vodafone and other telephone companies, insiders say. The move is targeted at monitoring the owners of Britain’s estimated 40m prepaid mobile phones. They can be purchased with cash by customers who do not wish to give their names, addresses or credit card details. The pay-as-you-go phones are popular with criminals ... because their anonymity shields their activities from the authorities. But they are also used by thousands of law-abiding citizens who wish to communicate in private. The move aims to close a loophole in plans being drawn up by GCHQ, the government’s eavesdropping centre in Cheltenham, to create a huge database to monitor and store the internet browsing habits, e-mail and telephone records of everyone in Britain.
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Civil liberties groups started a legal challenge ... to the new federal law designed to dismiss their wiretapping suits against telecommunications companies, saying the statute violates phone customers' constitutional rights and tramples on judicial authority. The law ... granted retroactive protection to AT&T, Verizon and other companies against lawsuits accusing them of illegally sharing their telephone and e-mail networks and millions of customer records with the National Security Agency. Almost 40 such suits from around the nation are pending before Chief U.S. District Judge Vaughn Walker in San Francisco. The law requires him to dismiss the cases if the Justice Department tells him the companies had cooperated in a surveillance program authorized by President Bush. Details of the department's filing and the judge's dismissal order are to be kept secret. The American Civil Liberties Union and the Electronic Frontier Foundation attacked the secrecy requirements and argued that Congress and President Bush lack authority to order courts to whitewash constitutional violations. "If Congress can give the executive the power to exclude the judiciary from considering the constitutional claims of millions of Americans ... then the judiciary will no longer be functioning as a coequal branch of government," Cindy Cohn, the foundation's legal director, said in court papers. She said the law's secrecy makes the proceedings one-sided. "Due process requires more than the chance to shadow-box with the government," Cohn wrote.
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By exploring the current, post-9/11 operations of the NSA [National Security Agency, James] Bamford ... goes where congressional oversight committees and investigative journalists still struggle to go. [When] the Bush administration declared its ... global war on terror, Congress agreed to most of the White House's demands. According to Bamford, the NSA's expanded powers and resources enabled it to collect communications both inside and outside the United States. He quotes a former NSA employee as a witness to the agency's spying on the conversations of Americans who have no connection to terrorism. After suing the NSA for documents, [Bamford] obtained considerable evidence that telecommunication companies (with the notable exception of Qwest) knowingly violated U.S. law by cooperating with the NSA to tap fiber optic lines. In impressive detail, The Shadow Factory: The Ultra-Secret NSA from 9/11 to the Eavesdropping on America tells how private contractors, including some little-known entities with foreign owners, have done the sensitive work of storing and processing the voices and written data of Americans and non-Americans alike. In the book, he offers new revelations about the National Security Agency's counterterrorism tactics, including its controversial domestic surveillance programs. Bamford warns of worse to come: 'There is now the capacity to make tyranny total in America. Only law ensures that we never fall into that abyss -- the abyss from which there is no return.'"
Note: Bamford is the author of two other books on the NSA: Body of Secrets and The Puzzle Palace.
Hundreds of US citizens overseas have been eavesdropped on as they called friends and family back home, according to two former military intercept operators who worked at the giant National Security Agency (NSA) center in Fort Gordon, Georgia. "These were just really everyday, average, ordinary Americans who happened to be in the Middle East, in our area of intercept and happened to be making these phone calls on satellite phones," said Adrienne Kinne, a 31-year old US Army Reserves Arab linguist assigned to a special military program at the NSA's Back Hall at Fort Gordon from November 2001 to 2003. She said US military officers, American journalists and American aid workers were routinely intercepted and "collected on" as they called their offices or homes in the United States. Another intercept operator, former Navy Arab linguist, David Murfee Faulk, 39, said he and his fellow intercept operators listened into hundreds of Americans picked up using phones in Baghdad's Green Zone from late 2003 to November 2007. Both former intercept operators came forward at first to speak with investigative journalist [James] Bamford for a book on the NSA, The Shadow Factory, to be published next week. "It's extremely rare," said Bamford, who has written two previous books on the NSA, including the landmark Puzzle Palace which first revealed the existence of the super secret spy agency. "Both of them felt that what they were doing was illegal and improper, and immoral, and it shouldn't be done, and that's what forces whistleblowers."
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US Attorney General Michael Mukasey has signed new guidelines for FBI operations he said are designed to better protect the country from terrorist attacks, but that raise concern of some lawmakers and civil rights groups. The new, revised regulations -- the original version met strong criticism from congressional committees last month -- comprise 50 pages dealing with five areas of FBI investigation, including criminal, national security and foreign intelligence. Despite Mukasey's assurances that the new regulations "reflect consultation with Congress as well as privacy and civil liberties groups," not all concerns over their effect on privacy rights were dispelled. [The] Senate Judiciary Committee chairman, Democrat Patrick Leahy, said the new guidelines expand the FBI's powers of surveillance. "It appears that with these guidelines, the attorney general is once again giving the FBI broad new powers to conduct surveillance and use other intrusive investigative techniques on Americans without requiring any indication of wrongdoing or any approval even from FBI supervisors," Leahy said in a statement. "The American people deserve a ... Justice Department that does not sacrifice or endanger their rights and privacy," he added. The American Civil Liberties Union, who had called for an investigation into the first version of the FBI regulations, said the new rules "reduce standards for beginning 'assessments.'" "More troubling still," it added, "the guidelines allow a person's race or ethnic background to be used as a factor in opening an investigation, a move that the ACLU believes may institute a racial profiling as a matter of policy."
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The Department of Homeland Security will proceed with the first phase of a controversial satellite-surveillance program, even though an independent review found the department hasn't yet ensured the program will comply with privacy laws. Congress provided partial funding for the program in a little-debated $634 billion spending measure that will fund the government until early March. For the past year, the Bush administration had been fighting Democratic lawmakers over the spy program, known as the National Applications Office. The program is designed to provide federal, state and local officials with extensive access to spy-satellite imagery. Since the department proposed the program a year ago, several Democratic lawmakers have said that turning the spy lens on America could violate Americans' privacy and civil liberties unless adequate safeguards were required. A new [but classified] 60-page Government Accountability Office report said the department "lacks assurance that NAO operations will comply with applicable laws and privacy and civil liberties standards." The report cites gaps in privacy safeguards. The department, it found, lacks controls to prevent improper use of domestic-intelligence data by other agencies and provided insufficient assurance that requests for classified information will be fully reviewed to ensure it can be legally provided. But the bill Congress approved, which President George W. Bush signed into law Tuesday, allows the department to launch a limited version.
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The Bush administration has overturned a 22-year-old policy and now allows customs agents to seize, read and copy documents from travelers at airports and borders without suspicion of wrongdoing, civil rights lawyers in San Francisco said Tuesday in releasing records obtained in a lawsuit. The records also indicate that the government gives customs agents unlimited authority to question travelers about their religious beliefs and political opinions, said lawyers from the Asian Law Caucus and the Electronic Frontier Foundation. They said they had asked the Department of Homeland Security for details of any policy that would guide or limit such questioning and received no reply. "We're concerned that people of South Asian or Muslim-looking background are being targeted inappropriately" for questioning and searches, said Asian Law Caucus attorney Shirin Sinnar. The Bay Area legal groups filed a Freedom of Information Act suit against the government in February, seeking documents on the policies that govern searches and questioning of international travelers. The organizations said they had received more than 20 complaints in the previous year, mostly from South Asians and Muslims. The travelers said customs agents regularly singled them out when they returned from abroad, looked at their papers and laptop computers, and asked them such questions as whom they had seen on their trips, whether they attended mosques and whether they hated the U.S. government.
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A privacy group filed a class-action lawsuit on Thursday against the National Security Agency, President Bush and other officials, seeking to halt what it describes as illegal surveillance of Americans’ telephone and Internet traffic. The lawsuit parallels a legal action brought against the AT&T Corporation in 2006 by the same nonprofit group, the Electronic Frontier Foundation, charging that the company gave the N.S.A. access to its communications lines and customer records without proper warrants. Congress derailed that lawsuit this year by passing legislation granting immunity to telecommunications companies that had provided assistance to the agency, though the foundation has said it intends to challenge the constitutionality of the new law. A lawyer with the foundation, Kevin S. Bankston, said the new suit opened a “second front” against a “massively illegal fishing expedition through AT&T’s domestic networks and databases of customer records.” When Mr. Bush started the program in late 2001, the N.S.A. began eavesdropping inside the United States without court warrants for the first time since 1978, when Congress created the Foreign Intelligence Surveillance Court to oversee such intelligence collection. The suit’s plaintiffs are five AT&T customers, but it is filed on behalf of all customers. Like the 2006 suit, it is based in part on information from Mark Klein, a former AT&T technician who says he saw what he believed to be equipment installed by the N.S.A. at a company communications hub in San Francisco allowing the agency to filter a huge volume of Internet traffic.
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There is apparently no limit to the Bush administration’s desire to invade Americans’ privacy in the name of national security. According to members of Congress, Attorney General Michael Mukasey is preparing to give the F.B.I. broad new authority to investigate Americans — without any clear basis for suspicion that they are committing a crime. Opening the door to sweeping investigations of this kind would be an invitation to the government to spy on people based on their race, religion or political activities. Mr. Mukasey has not revealed the new guidelines. But according to senators whose staff have been given limited briefings, the rules may also authorize the F.B.I. to use an array of problematic investigative techniques. Among these are pretext interviews, in which agents do not honestly represent themselves while questioning a subject’s neighbors and work colleagues. The F.B.I. has a long history of abusing its authority to spy on domestic groups, including civil rights and anti-war activists, and there is a real danger that the new rules would revive those dark days. Clearly, the Bush administration cannot be trusted to get the balance between law enforcement and civil liberties right. It has repeatedly engaged in improper and illegal domestic spying — notably in the National Security Agency’s warrantless eavesdropping program. The F.B.I. and the White House no doubt want to push the changes through before a new president is elected. There is no reason to rush to adopt rules that have such important civil liberties implications.
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