Tag: surveillance

Now, the Feds Are Spying on Congress

“Those who have sown the wind shall reap the whirlwind.”
— Hosea 8:7

The federal antipathy to compliance with the Constitution is well known and well documented. Presidents have declared war in contravention of the constitutional command that only Congress may do so. Congress itself has enacted legislation in areas that the drafters of the Constitution reserved to the states — and it has done so using some of the more absurd linguistic contortions thinkable.

In one infamous case where the feds sought to regulate the amount of wheat a farmer grew — all of which his wife ground into flour from which she made baked goods that were all consumed by their family — the feds claimed that his wheat field constituted interstate commerce because by eating his own product instead of selling, he and others similarly situated commercially increased the demand for wheat, and the water that this Ohio farmer used emanated in Pennsylvania and thus the wheat was part of a continuous interstate movement and so was congressionally regulable. The late Justice Antonin Scalia called these arguments, which the court accepted, “hogwash.”

There are many of these. As deep into our pocketbooks as is the Federal Reserve, which is the economically disastrous and liberty-crushing central planner of the U.S. economy, and as invasive of personal freedom as is the Patriot Act, which permits one FBI agent to authorize another to search for private data in the custody of a third party, the Supreme Court has never ruled on the constitutionality of either.

Now, one of these chickens is coming home to roost. Here is the backstory.

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U.S. To Track Moving Air And Ground Targets Via Space By 2030, But Aircraft Will Still Play A Part

The U.S. Space Force second-in-command has provided updates on plans for the service’s introduction of space-based ground moving-target indicator and air moving-target indicator (GMTI/AMTI) capabilities. Also discussed was the U.S. military’s need for a layered surveillance network, including to deal with the expanding breadth of enemy ‘kill webs,’ something which TWZ has discussed in the depth in the past.

Speaking today at the annual Defense News Conference in Arlington, Virginia, Gen. Michael A. Guetlein, the Vice Chief of Space Operations, U.S. Space Force (USSF), said that the first parts of a satellite-based GMTI/AMTI capability should start coming online in “probably the early 2030s.”

Importantly, however, Gen. Guetlein said that he expects the U.S. military’s future surveillance network to involve multiple assets, both in the atmosphere and in space. “I see it always being a layered set of capabilities to increase survivability, first and foremost,” he said.

While a layered surveillance network — one including space-based assets, alongside crewed aircraft, drones, and potentially other platforms — has been discussed for some time now, it was only last month that the design baseline for Space Force’s new satellite system was certified, meaning that it can now progress into the formal development phase.

In the past there have also been repeated suggestions that space-based surveillance assets would increasingly take over from the aircraft that have traditionally undertaken surveillance of targets on the ground, at sea, and in the air. In particular, satellite-based surveillance assets offer the advantages of greater persistence and — at least in the past — enhanced survivability. It is also worth noting that the U.S. National Reconnaissance Office (NRO) is reportedly acquiring a constellation of hundreds of intelligence-gathering satellites from SpaceX, with a specific focus on tracking targets down below in support of ground operations. Its relationship to the USSF program is unclear, but there is certainly some crossover regarding capabilities.

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Backyard Privacy in the Age of Drones

Police departments and law enforcement agencies are increasingly collecting personal information using drones, also known as unmanned aerial vehicles. In addition to high-resolution photographic and video cameras, police drones may be equipped with myriad spying payloads, such as live-video transmitters, thermal imaging, heat sensors, mapping technology, automated license plate readers, cell site simulators, cell phone signal interceptors and other technologies. Captured data can later be scrutinized with backend software tools like license plate readers and face recognition technology. There have even been proposals for law enforcement to attach lethal and less-lethal weapons to drones and robots. 

Over the past decade or so, police drone use has dramatically expanded. The Electronic Frontier Foundation’s Atlas of Surveillance lists more than 1500 law enforcement agencies across the US that have been reported to employ drones. The result is that backyards, which are part of the constitutionally protected curtilage of a home, are frequently being captured, either intentionally or incidentally. In grappling with the legal implications of this phenomenon, we are confronted by a pair of U.S. Supreme Court cases from the 1980s:California v. Ciraolo and Florida v. Riley. There, the Supreme Court ruled that warrantless aerial surveillance conducted by law enforcement in low-flying manned aircrafts did not violate the Fourth Amendment because there was no reasonable expectation of privacy from what was visible from the sky. Although there are fundamental differences between surveillance by manned aircrafts and drones, some courts have extended the analysis to situations involving drones, shutting the door to federal constitution challenges.

Yet, Americans, legislators, and even judges, have long voiced serious worries with the threat of rampant and unchecked aerial surveillance. A couple of years ago, the Fourth Circuit found in Leaders of a Beautiful Struggle v. Baltimore Police Department that a mass aerial surveillance program (using manned aircrafts) covering most of the city violated the Fourth Amendment. The exponential surge in police drone use has only heightened the privacy concerns underpinning that and similar decisions. Unlike the manned aircrafts in Ciraolo and Riley, drones can silently and unobtrusively gather an immense amount of data at only a tiny fraction of the cost of traditional aircrafts. Additionally, drones are smaller and easier to operate and can get into spaces—such as under eaves or between buildings—that planes and helicopters can never enter. And the noise created by manned airplanes and helicopters effectively functions as notice to those who are being watched, whereas drones can easily record information surreptitiously.

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US Court Reimposes “Disinformation” Device Monitoring on January 6 Defendant

The US Court of Appeals for the District of Columbia has issued an order in the United States v. Daniel Goodwyn case reimposing the computer monitoring measure against Goodwyn, a January 6 defendant.

We obtained a copy of the order for you here.

Goodwyn was charged and convicted for briefly entering the US Capitol during the January 6 events, and although he stayed inside the building for just over half a minute, left when he was asked to, was not involved in violence nor did he cause any damage – it was his social media posts (among others, screenshot of public documents that show names of government employees) that were seen as a threat.

In initial proceedings in 2023, Goodwyn pleaded guilty to one misdemeanor count of trespassing. As legal experts noted, normally a first-time offender isn’t sent to jail for this, but the US District Court for the District of Columbia Judge Reggie Walton sentenced him to two months in prison.

This was accompanied by probation conditions that included unusually harsh and ongoing restrictions on Goodwyn’s online speech and access to information. Walton – a vocal critic of Donald Trump decided that Goodwyn’s computer must be “monitored and inspected” to make sure he was not “spreading disinformation.”

The appellate court then found that the district court “plainly erred” by imposing these surveillance measures. Judge Walton next decided that now, “on the heels of [sic] another election,” he was worried Goodwyn was spreading “false narratives” and therefore affirmed his original sentencing.

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Europol Seeks to Break Mobile Roaming Encryption

EU’s law enforcement agency Europol is another major entity that is setting its sights on breaking encryption.

This time, it’s about home routing and mobile encryption, and the justification is a well-known one: encryption supposedly stands in the way of the ability of law enforcement to investigate.

The overall rationale is that police and other agencies face serious challenges in doing their job (an argument repeatedly proven as false) and that destroying the internet’s currently best available security feature for all users – encryption – is the way to solve the problem.

Europol’s recent paper treats home routing not as a useful security feature, but, as “a serious challenge for lawful interception.” Home routing works by encrypting data from a phone through the home network while roaming.

We obtained a copy of the paper for you here.

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Suspected Chinese Spy Bases in Cuba Have Undergone Expansion: Report

Cuba has upgraded and expanded four electronic surveillance facilities, including one near the Guantanamo Bay naval base, amid growing concern about China’s spying efforts in the United States’ backyard, according to a new report from the Center for Strategic and International Studies (CSIS).

“While China’s activities on the island remain shrouded in secrecy, satellite imagery analyzed by CSIS provides the latest and most comprehensive assessment of where China is most likely operating,” the report reads.

The report pointed to four active sites at Bejucal, El Salao, Wajay, and Calabazar. It added that the four locations are “strategically located” and are “among the most likely locations supporting China’s efforts to spy on the United States.”

In June 2023, the White House confirmed that China has been operating a spy base in Cuba since at least 2019. In the same month, the State Department warned that the Chinese regime will “keep trying to enhance its presence in Cuba,” and the United States “will keep working to disrupt it.”

China’s surveillance activities in Cuba are a grave national security concern for the United States, given that Florida is home to numerous U.S. military bases, including the headquarters of the U.S. Central Command and the U.S. Southern Command, Cape Canaveral Space Force Station, and Eglin Air Force Base.

“Collecting data on activities like military exercises, missile tests, rocket launches, and submarine maneuvers would allow China to develop a more sophisticated picture of U.S. military practices,” the report reads.

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The Government Wants To Track Your Steak

The government has a long history of using tracking technology to ascertain our whereabouts, our habits, and even our preferences. From cellphones and cars to snow plows and garbage trucks, governments seemingly want to track anything that moves—or moos.

The USDA recently finalized a rule—set to go into effect in a few months—that will require all cattle and bison being moved across state lines to be tagged with radio-frequency identification (RFID) ear tags. RFID technology uses radio frequency waves to transmit and collect data by way of a system of electronic tags and scanners. The technology is best viewed as a type of electronic or remote barcode, in which scanners can read an RFID chip anywhere from a few meters away to around 100 meters away. In some ways analogous to a shorter-range GPS system, RFID can track geographic location and also operate as a system of data collection and storage.

In the context of livestock, a quick scan of an RFID tag can pull up information like a cow’s date of birth, weight, vaccine records, ownership history, what farms it has been to, and what movements it has made. The USDA is justifying its RFID mandate on public health grounds, claiming that it can help trace and eradicate potential disease outbreaks among livestock, such as mad cow disease or hoof-and-mouth disease. 

While plausible at first blush, it is far from clear that the mandate will accomplish its intended objective, and it is very clear that it will disproportionately hurt small and independent ranchers and cattle farmers.

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Shock as Vending Machines With Orwellian Name Supplied With Various Disturbing Products Aimed at Drug Users

A new device in Ontario, Canada offers people easy access to some disturbing supplies like HIV self-test kits, meth pipes, naloxone, crack kits, and condoms.

The real shocker is that all of the items are free; users just need to tap on the screen after creating an account, which is meant to better track supplies and limit abuse.

The bizarre vending machines have sparked backlash online, with some viewing it as a sign that “Canada is broken.”

CTV News reported that the jaw-dropping device is located at the office of SOAR Community Services.

It was dubbed “our Healthbox” by manager of healthy communities at the Brant County Health Unit (BCHU) DeAnna Renn.

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Police are Using Drones More and Spending More For Them

Police in Minnesota are buying and flying more drones than ever before, according to an annual report recently released by the state’s Bureau of Criminal Apprehension (BCA). Minnesotan law enforcement flew their drones without a warrant 4,326 times in 2023, racking up a state-wide expense of over $1 million. This marks a large, 41 percent increase from 2022, when departments across the state used drones 3,076 times and spent $646,531.24 on using them. The data show that more was spent on drones last year than in the previous two years combined. Minneapolis Police Department, the state’s largest police department, implemented a new drone program at the end of 2022 and reported that its 63 warrantless flights in 2023 cost nearly $100,000.

Since 2020, the state of Minnesota has been obligated to put out a yearly report documenting every time and reason law enforcement agencies in the state — local, county, or state-wide — used unmanned aerial vehicles (UAVs), more commonly known as drones, without a warrant. This is partly because Minnesota law requires a warrant for law enforcement to use drones except for specific situations listed in the statute. The State Court Administrator is also required to provide a public report of the number of warrants issued for the use of UAVs, and the data gathered by them. These regular reports give us a glimpse into how police are actually using these devices and how often. As more and more police departments around the country use drones or experiment with drones as first responders, it offers an example of how transparency around drone adoption can be done.

You can read our blog about the 2021 Minnesota report here.

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Virginia Officials Launch ‘Surveillance System’ To Track Cannabis-Related ‘Adverse Events’ Among Children

Virginia officials are instructing health care providers to start keeping track of “adverse events” involving children and teens being exposed to cannabis products.

In an April 24 letter to clinicians, State Health Commissioner Karen Shelton said her agency had received enough reports of minors getting sick from products containing CBD and THC, chemical compounds found in cannabis, that the state was establishing a “special surveillance system” to keep tabs on the issue.

“Reported symptoms for these adverse events have included vomiting, hallucinations, low blood pressure, low blood sugar, altered mental status and anxiety,” Shelton wrote, adding that “some hospitalizations have occurred” as a result of minors consuming cannabis products.

The letter specifically asks that local health departments be made aware of any cannabis-related hospitalizations in patients under 18 years old and any “clusters of adverse events” affecting multiple minors.

“After a hospitalization or cluster is reported, VDH staff will collect information about the illness(es), possible exposures, and laboratory results,” the letter says.

The Health Department provided data showing an increase in emergency room visits involving minors being exposed to cannabis, and said the new surveillance system will help bolster those tracking efforts. In 2019, there were 52 ER visits. By 2023, the number had grown to 377.

That data only covers emergency room visits and doesn’t reflect every incident reported to health officials.

“As a result of these data, the special surveillance system was established in order for VDH to receive these reports directly and better assess the impact of adverse events related to consumption of products containing THC or CBD among children in the Commonwealth,” said Health Department spokesperson Cheryle Rodriguez.

The letter also points to an online portal allowing anyone who had an adverse experience with cannabis products to submit a report to the Health Department with information about what happened, where the product was obtained and how it was labeled. The agency also noted that lab testing is available to “support patient and product testing.”

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