Tag Archives: wiretapping

Federal appeals court says warrantless wiretapping is legal

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Federal appeals court says warrantless wiretapping is legal

A federal appeals court has ruled today that the US government can tap into Americans' communications without worrying over frivolous things like "being sued" by its people. In what most sane civilians will probably see as a depressing loss of protection, a three-judge panel of the 9th US Circuit Court of Appeals ruled that citizens can sue the United States for damages stemming from the use of information collected via wiretap, but not for the collection of information itself. In typical pass-the-buck fashion, Wired reports that Judge Michael Daly Hawkins and Judge Harry Pregerson added the following: "Although such a structure may seem anomalous and even unfair, the policy judgment is one for Congress, not the courts." Alrighty. For those unaware, the back and forth surrounding this issue extends back to Congress' authorization of the Bush spy program in 2008, and more specifically, a pair of US lawyers and the now-defunct al-Haramain Islamic Foundation -- a group that was granted over $2.5 million combined in legal fees after proving that they were spied on sans warrants. The full report can be found in the PDF below.

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Federal appeals court says warrantless wiretapping is legal originally appeared on Engadget on Tue, 07 Aug 2012 16:47:00 EDT. Please see our terms for use of feeds.

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Former NSA official says agency collects Americans’ web data, director denies charges

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Former NSA official says agency collects Americans' web dataThe NSA director, General Keith Alexander, is coming under scrutiny after he told a crowd gathered at the Def Con hacker conference that the spy agency "absolutely" does not collect data from and maintain files on American citizens. A former official stopped just shy of calling Alexander a liar, accusing him of playing a "word game." William Binney left the department in late 2001, when it became apparent to him that it planned to use the terrorist attacks on September 11th as an "excuse" to launch a data collection program that was already in the planning stages. Alexander for his part maintains that any data, be it web searches, Twitter posts or emails, collected from American citizens is merely incidental, and associated with intelligence gathering on foreign entities.

Of course, Binney rejects this claim and testimony from Qwest CEO James Nacchio regarding the NSA's wiretapping program would seem to contradict it. ACLU attorney Alex Abdo, who was on the panel with Alexander, cast further doubt on the director's denial. He noted that loopholes in the law allow the NSA collect vast amounts of information on Americans, without them being the "target" of the surveillance. Since the agency can hold on to any data collected, it can retroactively build dossiers on citizens, should they eventually become the focus of an investigation. For a few more details, hit up the source link.

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Former NSA official says agency collects Americans' web data, director denies charges originally appeared on Engadget on Mon, 30 Jul 2012 14:54:00 EDT. Please see our terms for use of feeds.

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Carriers face big surge in cellphone surveillance requests, raise a few alarm bells

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Marcelo phone call wiretap

Color us unsurprised that US law enforcers would push hard for surveillance access. Congressman Ed Markey has published a new report on requests to cellular carriers that shows a recent rush of demand for information, including last year. The rates vary sharply, but T-Mobile has seen a yearly hike of 12 to 16 percent, while Verizon has seen its own grown 15 percent -- and Sprint took nearly twice as many surveillance requests as AT&T or Verizon in 2011, despite its smaller size. Markey's concern is that police and other investigators are casting too wide a net and sweeping up innocent customers through widescale requests, potentially violating their privacy in the process. Whether or not cell tower dumps and other broad fishing attempts are problems, carriers have been quick to point out that they have huge teams in place to deal with police requests and cling steadfastly to requiring a warrant when the law demands it. Needless to say, there are a few groups that strongly disagree with that last claim.

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Carriers face big surge in cellphone surveillance requests, raise a few alarm bells originally appeared on Engadget on Mon, 09 Jul 2012 20:27:00 EDT. Please see our terms for use of feeds.

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FBI reportedly pressing for backdoor access to Facebook, Google

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Investigators at the FBI supposedly aren't happy that social networks like Facebook or Google+ don't have the same kind of facility for wiretaps that phones have had for decades. If claimed industry contacts for CNET are right, senior staff at the bureau have floated a proposed amendment to the 1994-era Communications Assistance for Law Enforcement Act (CALEA) that would require that communication-based websites with large user bases include a backdoor for federal agents to snoop on suspects. It would still include the same requirement for a court order as for phone calls, even if US carriers currently enjoy immunity for cooperating with any warrantless wiretapping. As might be expected, technology firms and civil liberties advocates like the Electronic Frontier Foundation object to deepening CALEA's reach any further, and Apple is thought to be preemptively lobbying against another definition of the law that might require a government back channel for audiovisual chat services like FaceTime or Skype. The FBI didn't explicitly confirm the proposal when asked, but it did say it was worried it might be "going dark" and couldn't enforce wiretaps.

[Image credit: David Drexler, Flickr]

FBI reportedly pressing for backdoor access to Facebook, Google originally appeared on Engadget on Sat, 05 May 2012 14:18:00 EDT. Please see our terms for use of feeds.

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