Senate Bill Creates Massive Surveillance Program to Scan All of Your Online Messages

 People don’t want outsiders reading their private messages —not their physical mail, not their texts, not their DMs, nothing. It’s a clear and obvious point, but one place it doesn’t seem to have reached is the U.S. Senate.

A group of lawmakers led by Sen. Richard Blumenthal (D-CT) and Sen. Lindsey Graham (R-SC) have re-introduced the EARN IT Act, an incredibly unpopular bill from 2020 that was dropped in the face of overwhelming opposition. Let’s be clear: the new EARN IT Act would pave the way for a massive new surveillance system, run by private companies, that would roll back some of the most important privacy and security features in technology used by people around the globe. It’s a framework for private actors to scan every message sent online and report violations to law enforcement. And it might not stop there. The EARN IT Act could ensure that anything hosted online—backups, websites, cloud photos, and more—is scanned.

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Post Office’s Law Enforcement Arm Is Expanding Its Surveillance Powers

The U.S. Postal Service (USPS) has announced plans to provide its law enforcement branch with access to its vast trove of customer data, raising concerns among privacy activists about the organization’s expanding surveillance powers.

The USPS came under scrutiny in 2021 when it was revealed that its law enforcement arm, the U.S. Postal Inspection Service (USPIS), was monitoring both left- and right-wing protest groups on social media. Multiple nonprofit organizations sued the USPS, seeking internal records about its surveillance program and questioning the legality of such activities.

Those lawsuits haven’t stopped the Postal Service from seeking additional surveillance powers. On Dec. 17, 2021, the USPS announced that it intended to provide customer data to USPIS investigators.

“USPIS will collect and aggregate eight data elements—Name, Address, 11-Digit Delivery Point ZIP Code (ZIP 11), Phone Number, Email Address, Tracking Number, IP Address, and Moniker,” the Postal Service stated.

According to the USPS, the influx of new data will allow postal inspectors to conduct “link analysis,” using data analytics to discover patterns and trends in criminal activity.

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Israel insists it only ‘legally’ spies on citizens

An Israeli minister has denied reports that police illegally used Pegasus surveillance software to spy on the country’s own citizens, calling the “central claim” – that the practice was illegal – “not true.”

Several government investigations were launched this past week after the Israeli newspaper Calcalist reported that law enforcement had been using NSO Group’s infamous Pegasus spyware to illegally intercept the calls of citizens.

The newspaper claimed that police had been using the spyware since 2013 to carry out surveillance on citizens “who were not criminals or suspects.”

Omer Bar-Lev, Israel’s Minister of Public Security, told Channel 12 on Saturday that the allegations were not true, “except for the fact that the Israel Police used advanced technology.”

“The central claim that the police are illegally spying is not true,” he declared, citing the assurances of Police Commissioner Kobi Shabtai, before claiming to be “very happy that the Israel Police has advanced technological tools to help deal with serious crime organizations that are using advanced technology.”

Commissioner Shabtai vowed on Friday that the police’s “legal use of technological tools” would “continue,” and said the force would carry on “developing and improving these tools.”

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The FBI’s Honeypot Phones Were More Widely Distributed in the U.S. Than Previously Thought

One of the weirder stories from last year involved a gargantuan FBI honeypot operation designed to catch crooks all over the world. According to Motherboard, that operation had a bigger imprint in the U.S. than originally believed.

During “Operation Trojan Shield,” the feds used a secret relationship with an encrypted phone company, called Anom, which sold devices exclusively to career criminals looking for a secure way to communicate with one another. The product’s developer, who had previously been busted for drug trafficking, agreed to act as a high-level federal informant and for at least two years sold devices to criminals while also secretly cooperating with authorities. Meanwhile the FBI, along with its international partners, intercepted all of the communications, which allowed them to capture evidence of widespread criminal malfeasance on a global scale.

It made for one helluva weird story when the bureau finally revealed what it had been up to last June, and “Shield” led to the arrest of hundreds of alleged criminals in countries all around the world—many of which are accused of using the phones to organize drug trafficking and other forms of organized crime. The arrests continue to this day.

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Police Caught Stealing Money from Innocent People To Secretly Buy Tech to Spy on Citizens’ Cellphones

The Boston Police department has been robbing citizens of their cash — many of whom were never accused of a crime — to buy surveillance technology off the books, to spy on citizens.

As their report points out, an August investigation by WBUR and ProPublica found that even if no criminal charges are brought, law enforcement almost always keeps the money and has few limitations on how it’s spent. Some departments benefit from both state and federal civil asset forfeiture. The police chiefs in Massachusetts have discretion over the money, and the public has virtually no way of knowing how the funds are used.

Boston cops have stolen so much money that they are secretly buying more expensive gear to seemingly get better at stealing money. According to the report:

[I]n 2019 the Boston Police Department bought the device known as a cell site simulator — and tapped a hidden pot of money that kept the purchase out of the public eye.

A WBUR investigation with ProPublica found elected officials and the public were largely kept in the dark when Boston police spent $627,000 on this equipment by dipping into money seized in connection with alleged crimes.

Because this spy equipment was bought with funds stolen from citizens, not even the Boston city council knew police had it.

Boston city councilors interviewed by WBUR said they weren’t aware that the police had bought a cell site simulator. Councilor Ricardo Arroyo, who represents Mattapan, Hyde Park and Roslindale, said, “I couldn’t even tell you, and I don’t think anybody on the council can necessarily tell you … how these individual purchases are made.”

Only because ProPublica obtained the documents, does anyone know the department is using stingray devices to spy on citizens. So much for transparency.

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Despotism Is The New Normal: Looming Threats to Freedom in 2022

“Looking at the present, I see a more probable future: a new despotism creeping slowly across America. Faceless oligarchs sit at command posts of a corporate-government complex that has been slowly evolving over many decades. In efforts to enlarge their own powers and privileges, they are willing to have others suffer the intended or unintended consequences of their institutional or personal greed. For Americans, these consequences include chronic inflation, recurring recession, open and hidden unemployment, the poisoning of air, water, soil and bodies, and, more important, the subversion of our constitution.”—Bertram Gross, Friendly Fascism: The New Face of Power in America

Despotism has become our new normal.

Digital tyranny, surveillance. Intolerance, cancel culture, censorship. Lockdowns, mandates, government overreach. Supply chain shortages, inflation. Police brutality, home invasions, martial law. The loss of bodily integrity, privacy, autonomy.

These acts of tyranny by an authoritarian government have long since ceased to alarm or unnerve us. We have become desensitized to government brutality, accustomed to government corruption, and unfazed by the government’s assaults on our freedoms.

This present trajectory is unsustainable. The center cannot hold.

The following danger points pose some of the greatest threats to our collective and individual freedoms now and in the year to come.

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UK Government Greases Skids For Fleets of Surveillance Drones Over Cities

In what appears to be a cynical PR stunt, the UK government is considering plans to allow women who feel threatened on the street to call upon surveillance drones that would arrive in minutes and shine a bright light on any potential attacker.

What could possibly go wrong?

“Women in fear of an attack will be able to use a phone app to summon a drone, which could arrive within minutes armed with a powerful spotlight and thermal cameras to frighten off any potential assailant,” reports the Telegraph.

Trials will take place on campus at Nottingham University at a cost of £500,000 during which the tech will be used to “protect students and staff.”

The scheme will be submitted to the UK government’s Innovate research program, and could eventually see helicopters being replaced by drones as a front line tool of law enforcement.

“It is a high capability drone that costs just £100 an hour but can do 80 percent of what a police helicopter can do,” said Richard Gill, the founder of Drone Defence. “It cannot do high speed pursuits but it can do the other tasks such as searching for people and ground surveillance.”

Gill noted that 25 drones could do the job of one police helicopter in London for the same price, with the drones being housed at five base locations across the city.

The idea of countless government drones whizzing around a city keeping tabs on people is garishly dystopian.

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In 2021, the Police Took a Page Out of the NSA’s Playbook: 2021 in Review

With increasing frequency, law enforcement has been using unconstitutional, suspicionless digital dragnet searches in an attempt to identify unknown suspects in criminal cases. Whether these searches are for everyone who was near a building where a crime occurred or who searched for a keyword like “bomb” or who shares genetic data with a crime scene DNA sample, 2021 saw more and more of these searches—and more attempts to push back and rein in unconstitutional law enforcement behavior.

While dragnet searches were once thought to be just the province of the NSA, they are now easier than ever for domestic law enforcement to conduct as well. This is because of the massive amounts of digital information we share—knowingly or not—with companies and third parties. This data, including information on where we’ve been, what we’ve searched for, and even our genetic makeup, is stored in vast databases of consumer-generated information, and law enforcement has ready access to it—frequently without any legal process. All of this consumer data allows police to, essentially, pluck a suspect out of thin air.

EFF has been challenging unconstitutional dragnet searches for years, and we’re now seeing greater awareness and pushback from other organizations, judges, legislators, and even some companies. This post will summarize developments in 2021 on one type of dragnet suspicionless search—reverse location data searches.

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FBI ‘Secret Spy Plane Surveillance Program’ Detailed in Court Records

The FBI’s so-called “secret spy plane surveillance program” is under scrutiny in a Florida terrorism case, where the defendant has asked a U.S. judge to toss evidence from the bureau’s aerial surveillance activities.

The FBI’s aerial surveillance program was first revealed in June 2015 by the Associated Press, which reported that the bureau maintained a civilian air force through private shell companies. The FBI admitted to the program days later, saying in a statement that “it should come as no surprise that the FBI uses planes to follow terrorists, spies, and serious criminals.”

“Contrary to some recent media reporting, the FBI’s aviation program is not classified. Some of our aircraft are registered covertly because overt registration would put our aircraft and operations at risk of compromise,” the FBI said at the time.

Nevertheless, the existence of the FBI’s program sparked outrage among civil libertarians, who celebrated when U.S. Court of Appeals for the 4th Circuit found in June that a similar program operated by the Baltimore Police Department violated the Fourth Amendment.

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Canada Admits To Secretly Tracking 33 Million Phones During Covid-19 Lockdown

Canada – which has a population of 38 million – has admitted to secretly tracking 33 million phones during the Covid-19 lockown, according to the National Post, citing Blacklock’s Reporter which first noted the disclosure.

The country’s Public Health Agency (PHAC) did so to assess “the public’s responsiveness during lockdown measures,” according to the report.

In March, the Agency awarded a contract to the Telus Data For Good program to provide “de-identified and aggregated data” of movement trends in Canada. The contract expired in October, and PHAC no longer has access to the location data, the spokesperson said. -National Post

“Evidence is coming in from many sources, from countries around the world, that what was seen as a huge surveillance surge — post 9/11 — is now completely upstaged by pandemic surveillance,” according to “Pandemic Surveillance” author David Lyon, the former director of the Surveillance Studies Centre and Queen’s University in Ontario. “I think that the Canadian public will find out about many other such unauthorized surveillance initiatives before the pandemic is over—and afterwards.”

Location and movement data was purchased from Canadian telecom giant Telus in order to “understand possible links between the movement of populations within Canada and the spread of COVID-19,” according to an agency spokesperson, who said that the mobility data analysis “helps to advance public health objectives.”

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