2011 in Review: The Fight for Free Speech and Privacy on the Internet

2011 in Review: The Year Secrecy Jumped the Shark

 

As the year draws to a close, EFF is looking back at the major trends influencing digital rights in 2011 and discussing where we are in the fight for a free expression, innovation, fair use, and privacy.


The government has been using its secrecy system in absurd ways for decades, but 2011 was particularly egregious. Here are a few examples:

• Government report concludes the government classified 77 million documents in 2010, a 40% increase on the year before. The number of people with security clearances exceeded 4.2. million, more people than the city of Los Angeles.

• Government tells Air Force families, including their kids, it’s illegal to read WikiLeaks. The month before, the Air Force barred its service members fighting abroad from reading the New York Times—the country’s Paper of Record.

• Lawyers for Guantanamo detainees were barred from reading the WikiLeaks Guantanamo files, despite their contents being plastered on the front page of the New York Times.

• President Obama refuses to say the words “drone” or “C.I.A” despite the C.I.A. drone program being on the front pages of the nation’s newspapers every day.

• CIA refuses to release even a single passage from its center studying global warming, claiming it would damage national security. As Secrecy News’ Steven Aftergood said, “That’s a familiar song, and it became tiresome long ago.”

• The CIA demands former FBI agent Ali Soufan censor his book criticizing the CIA’s post 9/11 interrogation tactics of terrorism suspects. Much of the material, according to the New York Times, “has previously been disclosed in open Congressional hearings, the report of the national commission on 9/11 and even the 2007 memoir of George J. Tenet, the former C.I.A. director.”

• Department of Homeland Security has become so bloated with secrecy that even the “office’s budget, including how many employees and contractors it has, is classified,” according to the Center for Investigative reporting. Yet their intelligence reports “produce almost nothing you can’t find on Google,” said a former undersecretary.

• Headline from the Wall Street Journal in September: “Anonymous US officials push open government.”

• NSA declassified a 200 year old report which they said demonstrated its “commitment to meeting the requirements” of President Obama’s transparency agenda. Unfortunately, the document “had not met the government’s own standards for classification in the first place,” according to J. William Leonard, former classification czar.           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