Appeals Court Revives EFF’s Challenge to Government’s Massive Spying Program – Justices Find that Spied-On Telephone Customers Have the Right to Sue

 

Justices Find that Spied-On Telephone Customers Have the Right to Sue

 

San Francisco – The 9th U.S. Circuit Court of Appeals today blocked the government’s attempt to bury the Electronic Frontier Foundation’s (EFF’s) lawsuit against the government’s illegal mass surveillance program, returning Jewel v. NSA to the District Court for the next step.

The court found that Jewel had alleged sufficient specifics about the warrantless wiretapping program to proceed. Justices rejected the government’s argument that the allegations about the well-known spying program and the evidence of the Folsom Street facility in San Francisco were too speculative.

“Since the dragnet spying program first came to light, we have been fighting for the chance to have a court determine whether it is legal,” said EFF Legal Director Cindy Cohn. “Today, the Ninth Circuit has given us that chance, and we look forward to proving the program is an unconstitutional and illegal violation of the rights of millions of ordinary Americans.”        More

The Facts Speak For Themselves – Big Brother is watching

The FBI's Digital Collection System connects FBI offices 

and telecom providers around the country to coordinate 

collection of phone taps for investigations of all sorts.

Wired has put together a list of reasons why U. S. citizens 
need to fight for their rights from government surveillance:

Warrantless Wiretapping

 

The government refuses to acknowledge whether the National Security Agency is secretly siphoning the nation’s electronic communications to the National Security Agency without warrants, as the Electronic Frontier Foundation alleges. The lawsuit was based on evidence provided by a former AT&T technician Mark Klein that showed that AT&T had installed a secret spying room in an internet hub in San Francisco. The spying got so bad that Attorney General Ashcroft threatened to resign over it.

When a federal judge said a lawsuit on that issue could go forward, Congress passed legislation stopping the case in its tracks. Two American lawyers for an Islamic charity did, however, prevail in their suit that they were wiretapped without warrants, but the Administration is appealing. Much of the program was legalized in 2008 by the FISA Amendments Act.
The FBI has also built a nationwide computer system called the Digital Collection System, connected by fiber optic cables, to collect and analyze wiretaps of all types, including ones used in ultra-secret terrorism investigations.

Warrantless GPS Tracking

 

The Obama administration claims Americans have no right to privacy in their public movements. The issue surfaced this month in a landmark case before the U.S. Supreme Court to determine if law enforcement agents should be required to obtain a probable-cause warrant in order to place a GPS tracking device on a citizen’s car. The government admitted to the Supreme Court that it thinks it would have the power to track the justices’ cars without a warrant.

The invasive technology allows police, the FBI, the Drug Enforcement Administration and other agencies to engage in covert round-the-clock surveillance over an extended period of time, collecting vast amounts of information about anyone who drives the vehicle that is being tracked. The Justice Department has said that law enforcement agents employ GPS as a crime-fighting tool with “great frequency,” and GPS retailers have told Wired that they’ve sold thousands of the devices to the feds.

Tracking Devices in Your Pocket

 

That mobile phone in your pocket chronicles almost everything. Once-secret software developed by a private company pretty much chronicles all you do on your smartphone and sends it to the carriers. The carriers themselves keep a wealth of information, such as text messages, call-location data, and PINs — though none of them disclose to their customers what data they store or how long they keep the data.

Law enforcement can get at much of that historical data — and often get real-time tracking information without proving probable cause to a judge.

Fake Cell Phone Towers

 

You make a call on your cellphone thinking the only thing standing between you and the recipient of your call is your carrier’s cellphone tower. In fact, that tower your phone is connecting to just might be a boobytrap set up by law enforcement to ensnare your phone signals and maybe even the content of your calls.

So-called stingrays are one of the new high-tech tools that authorities are using to track and identify you. The devices, about the size of a suitcase, spoof a legitimate cellphone tower in order to trick nearby cellphones and other wireless communication devices into connecting to the tower, as they would to a real cellphone tower.

The government maintains that the stingrays don’t violate Fourth Amendment rights, since Americans don’t have a legitimate expectation of privacy for data sent from their mobile phones and other wireless devices to a cell tower. While the technology sounds ultra-new, the feds have had this in their arsenal for at least 15 years, and used a stingray to bust the notorious hacker Kevin Mitnick in 1995.                     More

Internet Belatedly Notices How Much Spying Government Can Do Without a Warrant

Cato Institute - I’m seeing a lot of technology news sites reporting,  in tones of shock and horror, on a recent court ruling holding that people generally waive their Fourth Amendment “expectation of privacy” in data collected on them by Internet sites, at least when the sites give some kind of notice (however buried in legalese) that they do collect that data.  That means, in this instance, that the government can obtain detailed connection records from Twitter about users associated with Wikileaks without a full-blown Fourth Amendment warrant based on probable cause: A subpoena or a court order based on a far weaker claim of “relevance” to an investigation will suffice.

But this isn’t some shocking new precedent. It’s been the status quo since 1986, when our increasingly outdated electronic privacy laws were written, and arguably for longer than that.

There are plenty of problems with this most recent decision, to be sure. For one, as security researcher Chris Soghoian notes, the court based its opinion on the current Twitter privacy policy, even though the policy in effect at the time the targets of the investigation signed up for the site was significantly more protective. In a way, though, this seems unnecessary: Under the misguided Supreme Court decisions that established our modern “third party doctrine,” contractual promises of privacy don’t matter.

In other words, users are held to “assume the risk” that any third party might turn their information over to the government, effectively waiving their Fourth Amendment rights over that data, even if the third party explicitly promises not to do this. The one reason the privacy policy might be relevant here is that the “third party doctrine” covers information knowingly conveyed to third parties, and while it’s obvious that you “convey” a dialed phone number to the phone company when you make a call (for instance), it might not be as obvious that Web sites you visit are logging your Internet Protocol address.    More