Posts Tagged domestic spying

Surveillance State Repeal Act Introduced In House

From FreedomWorks:

That’s why it’s so refreshing to see a bill like the Surveillance State Repeal Act. It’s bold and effective. Specifically, here is what the bill would do:

  1. Repeals the Patriot Act (which contains the provision that allows for the bulk collection of metadata from U.S. citizens).
  2. Repeals the FISA Amendments Act (which contains provisions allowing for the government to monitor emails).
  3. It would extend judges’ terms on the Foreign Intelligence Surveillance Court and technical and legal experts to advise on technical issues raised during proceedings.
  4. Mandate that the Government Accountability Office (GAO) regularly monitor such domestic surveillance programs for compliance with the law and issue an annual report.
  5. Ban the federal government from mandating that the manufacturer of an electronic device must install spy software.
  6. Gives people a proper channel to report illegal activity in their department.
  7. Says that no information related to a U.S. person may be acquired without a valid warrant based on probable cause—including under Executive Order 12333.
  8. Retains tools that are useful to law enforcement such as not requiring a new warrant if the suspect switches devices in an attempt to break surveillance.
  9. Protects intelligence collection practices involving foreign targets for the purpose of investigating weapons of mass destruction.

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Intelligence Authorization Act of 2015

EFF’s Statement on the Act:

On Wednesday of last week, the Intelligence Authorization Act of 2015 passed in the US House of Representatives. The bill, H.R. 4681, contains Section 309, which imposes guidelines for when the intelligence community can keep some communications collected under Executive Order 12333 (EO 12333). President Reagan wrote the policy document in the 1980s to provide the framework for intelligence agency conduct. Today, it is used to justify mass surveillance of communications.

Congress showed that it is willing to tackle the mass spying conducted under EO 12333 by inserting Section 309 into the bill. It’s one of the first times Congress has publicly stood up to spying covered by the Executive Order. It’s a good sign, but it doesn’t go nearly far enough. The bill must usher in more vigilant—and public—Congressional oversight of EO 12333 and other NSA spying activities.

Unfortunately, the procedures in Section 309 reflect the current status quo: the over-collection, over-retention, and over-sharing of innocent users’ communications. The procedures in Section 309 try to protect the communications of non-targets, but include massive loopholes. These loopholes do not grant any new authority, but they do allow the President to continue the egregious retention and sharing of innocent users’ communication, which is a practice that must be stopped.

While the language in Section 309 was taken from the Senate Intelligence Authorization bill(.pdf), the House did not take time to debate it. We’ve learned over the past year that, at a minimum, both Congress and the public need time to read these intelligence bills and understand their implications. Yet again, this didn’t happen. And yet again, the American public is left without a voice on the surveillance laws used to collect their communications.

GovTrack page

Congress.gov page

Wikipedia page

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Keeping the NSA in Perspective

Keeping the NSA in Perspective is republished with permission of Stratfor.”

By George Friedman

In June 1942, the bulk of the Japanese fleet sailed to seize the Island of Midway. Had Midway fallen, Pearl Harbor would have been at risk and U.S. submarines, unable to refuel at Midway, would have been much less effective. Most of all, the Japanese wanted to surprise the Americans and draw them into a naval battle they couldn’t win.

The Japanese fleet was vast. The Americans had two carriers intact in addition to one that was badly damaged. The United States had only one advantage: It had broken Japan’s naval code and thus knew a great deal of the country’s battle plan. In large part because of this cryptologic advantage, a handful of American ships devastated the Japanese fleet and changed the balance of power in the Pacific permanently. Read the rest of this entry »

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Domestic Drone Authorization

From the Electronic Frontier Foundation:

As we’ve written in the past, drone use in the United States implicates serious privacy and civil liberties concerns. Although drones can be used for neutral, or even for positive purposes, drones are also capable of highly advanced and, in some cases, almost constant surveillance, and they can amass large amounts of data. Even the smallest drones can carry a host of surveillance equipment, from video cameras and thermal imaging to GPS tracking and cellphone eavesdropping tools. They can also be equipped with advanced forms of radar detection, license plate cameras, and facial recognition. And, as recent reporting from PBS and Slate shows, surveillance tools, like the military’s development of gigapixel technology capable of “tracking people and vehicles across an entire city,” are improving rapidly.

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