Supreme Court Refuses to Limit Warrantless Surveillance

According to the Supreme Court, the legality of NSA mass surveillance can’t even be legally challenged.

This was the message the Court sent when it refused to take up Jewel v. NSA, allowing an appellate court decision to stand.

The high court’s decision further underscores the futility of depending on federal courts to challenge federal surveillance power. Tenth Amendment Center executive director Micheal Boldin called it “a really bad strategy.”

“We don’t expect it to ever get the job done.”

The Electronic Frontier Foundation (EFF) sued the NSA in 2008 on behalf of Carolyn Jewel and several other AT&T customers in an effort to end dragnet surveillance of millions of ordinary people. The EFF based its case on declarations from three NSA whistleblowers, along with other evidence that included documents published by the Washington Post and the Guardian. The evidence showed that the NSA collected communication directly from fiber optic cables. It also revealed a domestic telephone record collection program that the government confirmed in 2013.  Mark Klein worked as an AT&T tech who claimed the communications giant routed copies of Internet traffic to a secret room in San Francisco controlled by the NSA.

In 2015, U.S. District Judge Jeffrey White denied the plaintiffs’ challenge saying that it would require “impermissible disclosure of state secret information” The Ninth Circuit of the U.S. Court of Appeals upheld the district court opinion, affirming that “state secret privilege” blocked the plaintiff’s efforts to tp prove that their data was intercepted. Unable to prove that, they had no standing to sue.

As EFF put it, the Supreme Court allowed the case to be dismissed because the surveillance program that everybody has known about since Edward Snowden released a trove of documents in 2013 is a “secret.”

 “Yes, you read that right: something we all know is a still officially a “secret” and so cannot be the subject to litigation.”

As the EFF explains, the U.S. government contends that “even if all of the allegations of serious law-breaking and Constitutional violations are true, surveillance of millions of ordinary Americans is exempt from judicial review.”

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Everybody’s Guilty: To The Police State, We’re All Criminals Until We Prove Otherwise

“In a closed society where everybody’s guilty, the only crime is getting caught.”

– Hunter S. Thompson

The burden of proof has been reversed.

No longer are we presumed innocent. Now we’re presumed guilty unless we can prove our innocence beyond a reasonable doubt in a court of law. Rarely, are we even given the opportunity to do so.

Although the Constitution requires the government to provide solid proof of criminal activity before it can deprive a citizen of life or liberty, the government has turned that fundamental assurance of due process on its head.

Each and every one of us is now seen as a potential suspect, terrorist and lawbreaker in the eyes of the government.

Consider all the ways in which “we the people” are now treated as criminals, found guilty of violating the police state’s abundance of laws, and preemptively stripped of basic due process rights.

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Nebraska wants to test body and facial scans that work from a distance

The state of Nebraska is planning to test whole-body and facial recognition technology from far-off sensors. The project, funded by the Department of Defense, aims to test the accuracy of AI in identifying subjects from images and videos captured by stationary towers and drones positioned far from the subjects.

The project is backed by the Intelligence Advanced Research Projects Activity (IARPA) as part of its Biometric Recognition and Identification at Altitude or Range, aka Briar, program. The first phase, dubbed WatchID, of the three-part program will run for 18 months.

Researchers from the University of Nebraska’s Omaha and Lincoln campuses, University of Maryland College Park, Resonant Sciences, and BlueHalo Co. will participate in WatchID. The program will require 200 volunteers who will stand and walk in circles and straight lines in an open space. Once the first phase is successful, it will be expanded to require 600 volunteers.

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Globalist Surveillance State: WEF Begins Secret “Smart City” Operations in the Netherlands

Apeldoorn has been transformed by the World Economic Forum (WEF), without consulting its residents, into the first “Smart City” (surveillance city) of the Netherlands.

An unknown Austrian company, RadioLED, has rolled out a 5G network in the city based on a secret agreement with the municipality. The municipality receives no revenue from the project; the direction lies entirely with RadioLED. The company also manages the data obtained from thousands of sensors that follow Apeldoorn citizens everywhere.

Apeldoorn Smart City is just one of the many projects that WEF is implementing in the Netherlands. The network organization from Switzerland is intertwined through many tentacles with Dutch politicians – from Queen Maxima to Sigrid Kaag and Mark Rutte – who are implementing the globalist agenda of the great leader Klaus Schwab, the ‘Great Reset’.

Schwab seeks a global “4th Industrial Revolution,” which should include a “digital identity” for every inhabitant of the earth and even a fusion of man and technology through the implantation of chips in the human body.

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How the Federal Government Buys Our Cell Phone Location Data

Over the past few years, data brokers and federal military, intelligence, and law enforcement agencies have formed a vast, secretive partnership to surveil the movements of millions of people. Many of the mobile apps on our cell phones track our movements with great precision and frequency. Data brokers harvest our location data from the app developers, and then sell it to these agencies. Once in government hands, the data is used by the military to spy on people overseas, by ICE to monitor people in and around the U.S., and by criminal investigators like the FBI and Secret Service. This post will draw on recent research and reporting to explain how this surveillance partnership works, why is it alarming, and what can we do about it.

Where does the data come from?

Weather apps, navigation apps, coupon apps, and “family safety” apps often request location access in order to enable key features. But once an app has location access, it typically has free rein to share that access with just about anyone.

That’s where the location data broker industry comes in. Data brokers entice app developers with cash-for-data deals, often paying per user for direct access to their device. Developers can add bits of code called “software development kits,” or SDKs, from location brokers into their apps. Once installed, a broker’s SDK is able to gather data whenever the app itself has access to it: sometimes, that means access to location data whenever the app is open. In other cases, it means “background” access to data whenever the phone is on, even if the app is closed.

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FBI using low-flying spy planes over U.S.

The FBI is operating a small air force with scores of low-flying planes across the U.S. carrying video and, at times, cellphone surveillance technology – all hidden behind fictitious companies that are fronts for the government, The Associated Press has learned.

The planes’ surveillance equipment is generally used without a judge’s approval, and the FBI said the flights are used for specific, ongoing investigations. The FBI said it uses front companies to protect the safety of the pilots and aircraft. It also shields the identity of the aircraft so that suspects on the ground don’t know they’re being watched by the FBI.

In a recent 30-day period, the agency flew above more than 30 cities in 11 states across the country, an AP review found.

Aerial surveillance represents a changing frontier for law enforcement, providing what the government maintains is an important tool in criminal, terrorism or intelligence probes. But the program raises questions about whether there should be updated policies protecting civil liberties as new technologies pose intrusive opportunities for government spying.

U.S. law enforcement officials confirmed for the first time the wide-scale use of the aircraft, which the AP traced to at least 13 fake companies, such as FVX Research, KQM Aviation, NBR Aviation and PXW Services.

Even basic aspects of the program are withheld from the public in censored versions of official reports from the Justice Department’s inspector general.

The FBI also has been careful not to reveal its surveillance flights in court documents.

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HOUSTON FORCES PRIVATE BUSINESSES TO INSTALL 24/7 CITYWIDE DIGITAL SURVEILLANCE CAMERAS FOR WARRANTLESS ACCESS BY POLICE

The Rutherford Institute is calling on the City of Houston to address glaring constitutional concerns relating to a recently adopted ordinance that requires private businesses to install citywide digital surveillance cameras that can be accessed by police without a search warrant. The Exterior Security Cameras Ordinance, adopted by the Houston City Council on April 20, 2022, requires private businesses to purchase and install digital surveillance cameras that carry out round-the-clock, citywide surveillance on the populace while “allowing” police to access the footage at any time, for any reason, and without the need of a court-issued warrant. In a letter to the Houston City Council, Rutherford Institute attorneys warn that the City’s thinly veiled attempt to evade oversight and accountability for Fourth Amendment violations by forcing a quasi-private/public arrangement on private businesses regarding the ownership and governance of digital surveillance cameras will not likely hold up to judicial scrutiny.

“By placing the burden of round-the-clock, citywide surveillance on private businesses, the City of Houston is clearly attempting an end-run around the Fourth Amendment’s warrant requirement as it relates to surveillance by government officials,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “This kind of warrantless, citywide surveillance program inevitably gives rise to a suspect society in which the burden of proof is reversed so that guilt is assumed and innocence must be proven.”

On April 20, 2022, the Houston City Council passed an ordinance ostensibly aimed at addressing “an increase of violent crimes due to the pandemic, social anxiety and economic uncertainty, open carry law and a strained criminal justice system resulting in a criminal backlog of cases.” The Exterior Security Cameras Ordinance requires certain private businesses (all bars, nightclubs, sexually-oriented businesses, convenience stores and game rooms inside city limits) to work in consultation with the Houston Police Department in order to install digital surveillance cameras that record the exterior property areas at all times. Business owners must bear the costs of the cameras, ensure the cameras are in proper working order, maintain recordings for at least 30 days, and provide video footage within 72 hours to police upon their request without a search warrant. The Ordinance is slated to take effect mid-July. Failure to comply with the Ordinance is a punishable offense for business owners with fines up to $500 per day. However, as The Rutherford Institute warns, by lodging the responsibility for the cameras with private businesses, the City is proceeding as if it is not bound by the warrant requirements of the Fourth Amendment, giving police carte blanche access to the surveillance footage from these digital cameras. Consequently, the Ordinance does not require a judge or magistrate to confirm that the police demand for video footage is supported by probable cause of criminal activity under oath, it does not limit the scope of the video footage which can be requested by the police in order to prevent obtaining extra and unnecessary video footage, and it does not require the crime to be violent or even serious in relation to the Ordinance’s stated goal of reducing violent crime. The Ordinance also fails to limit the use and further dissemination of the video footage by the police.

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Senate Candidate Herschel Walker proposes social media monitoring

Georgia Senate Candidate Herschel Walker has suggested that a government agency be set up to monitor the social media accounts of young men and women in the wake of Tuesday’s mass shooting at a Texas elementary school where the shooter killed 19 students and two adults before being fatally shot by law enforcement officers.

Walker made the comments while being asked about his stance on gun control during a Fox News interview on Thursday.

Walker began the interview by blasting those “that want to continue to talk about our constitutional rights rather than talking about the person that did this shooting.” He continued by suggesting increased mental health funding, pushing back against those who want to take away constitutional rights, and suggesting that the solution is to “look into the person that did the shooting.”

However, he then followed these comments with a suggestion that extended far beyond the scope of the perpetrator – social media surveillance.

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