Tag: warrantless surveillance

‘Snooping Around’: Government Officials Under Fire for Bypassing State Constitution

‘It makes it very dangerous when you’re hunting with rifles and people aren’t wearing colors that make them easy to see.’

A court is being asked to act against state officials who bypass the requirements of their own state constitution.

The situation is that while the Alabama Constitution “makes it clear that if the government wants to come searching on your property, they need a warrant based on probable cause,” agents from the state Department of Conservation and Natural Resources simply cite a statute to ignore that requirement.

The Institute for Justice now is working with three Alabama residents to sue over the practice that has agents invading and searching private property not only without a warrant, but without consent.

The plaintiffs are Killen residents Dalton Boley and Regina Williams and Muscle Shoals resident Dale Liles, who all took action after facing “multiple” privacy intrusions by game wardens.

None ever has been charged with hunting violations, “yet game wardens have snooped around on their properties without warrants on multiple occasions. That’s because of an Alabama statute that allows game wardens to ‘enter upon any land … in the performance of their duty.’ Whether it’s a posted field or residential yard, the statute gives wardens broad power to roam around private property without any warrant,” the IJ said.

But, IJ lawyer Suranjan Sen explained, “The Alabama Constitution makes it clear that if the government wants to come searching on your property, they need a warrant based on probable cause, and game wardens are not exempt from the Constitution.”

Williams owns 10 acres in Killen and had used it for decades, but as she aged she gave her neighbor, Boley, and his family permission to use it.

Then the game wardens arrived.

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FBI’s Warrantless Search Ruled Unconstitutional in a Blow to Government Spying

A case that started a decade ago with a New York City man’s arrest at John F. Kennedy Airport for allegedly trying to join a Pakistani terrorist group has now dealt a setback to government spying powers.

In a decision that could feed into a looming fight over government surveillance, a federal court ruled last month that FBI agents violated the man’s constitutional rights when they searched National Security Agency databases for information on him dozens of times without a warrant.

The decision gives a boost to the surveillance critics who have long asked Congress to impose a warrant requirement on “backdoor” searches of NSA data collected under Section 702 of the Foreign Intelligence Surveillance Act, known as FISA.

Donald Trump’s nominee to lead the FBI, Kash Patel, has called for “major reform” of Section 702. He faces a Thursday confirmation hearing where surveillance hawks on the Senate Intelligence Committee could grill him about that position. Trump’s other nominees, however, have lined up to back the law.

The parties to the New York City case have not signaled whether they intend to appeal the ruling in the case against Agron Hasbajrami, who remains imprisoned. But if it stands, the decision could play a role in thecongressional debate over the spying law when it expires in April 2026.

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Federal Court Rules Warrant is Required for Section 702 Backdoor Searches of Americans’ Communications

A federal district court has delivered a pivotal ruling that strikes at the heart of unchecked government surveillance. In the criminal case United States v. Hasbajrami, the court determined that backdoor searches of vast databases containing Americans’ private communications — collected under Section 702 — typically require a warrant. This judgment comes after more than a decade of legal battles and follows the Second Circuit Court of Appeals’ 2019 finding that such searches constitute “separate Fourth Amendment events,” leaving it to the lower court to address the warrant requirement. That question has now been resolved.

Section 702 of the Foreign Intelligence Surveillance Act (FISA) grants the intelligence community the authority to collect communications between foreign targets, ostensibly for national security purposes.

However, when these exchanges involve individuals on US soil, their communications are also intercepted and stored. Federal agencies have claimed that accessing this data for searches doesn’t require additional judicial oversight. For years privacy groups have argued this practice violates the Fourth Amendment. Now, a court has finally concurred.

The case revolves around Agron Hasbajrami, a US resident arrested at JFK airport in 2011 as he prepared to travel to Pakistan. He was accused of providing material support to terrorists. The government later disclosed that its evidence included emails between Hasbajrami and an unnamed foreigner allegedly “linked” to terrorist groups. These emails had been warrantlessly collected through Section 702 programs and later searched — again without a warrant — using terms associated with Hasbajrami.

While Section 702 permits the surveillance of communications involving foreign nationals, the court ruled that such a broad “foreign intelligence exception” cannot routinely override the Fourth Amendment’s warrant requirement when those communications are searched by law enforcement.

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There’s More… House Judiciary GOP Releases Damning Report on How the Biden’s Federal Government Weaponized the ‘Bank Secrecy Act’ to Spy on Americans

In a damning new report released by the House Judiciary Committee and the Select Subcommittee on the Weaponization of the Federal Government, Republicans claim the federal government has transformed the Bank Secrecy Act (BSA) into a tool for spying on Americans.

The Gateway Pundit first reported on this investigation on Monday.

The report alleges that federal law enforcement agencies under Joe Biden and Kamala Harris, including the FBI, have turned financial institutions into de facto arms of the government, bypassing legal safeguards to obtain sensitive financial data.

Using Suspicious Activity Reports (SARs) and Currency Transaction Reports (CTRs), federal agencies have accessed millions of financial records without probable cause or warrants.

The GOP-led investigation found that millions of these reports are filed annually, with nearly 4.6 million SARs submitted in 2023 alone.

What’s more alarming is the scope of access. The Financial Crimes Enforcement Network (FinCEN) allows over 25,000 government officials to access sensitive financial data without a warrant.

Documents uncovered by the committee show that, in 2023, federal agencies ran over 3.3 million searches in FinCEN’s database—equivalent to 9,000 warrantless searches per day.

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Customs Officers Need a Warrant to Search Your Cellphone at JFK

Judge Nina Morrison of the US District Court for the Eastern District of New York (Brooklyn, Queens, Staten Island, and Long Island) has ruled that police, including officers of U.S. Customs and Border Protection (CBP), need a warrant to search your cellphone at JFK International Airport, even when you are entering or leaving the US.

This ruling is certainly a positive development. It’s a break with a line of judicial decisions that have made US borders and international airports a Fourth Amendment-free zone, even for US citizens. It’s likely to influence other judges and other courts, even though — as a ruling from a District Court rather than an appellate court — it doesn’t set a precedent that’s binding even on other judges in the same Federal judicial district.

But there are important issues that weren’t addressed in this case, and important things you need to know to exercise your rights at JFK or other airports — even if judges in future cases in the same or other judicial districts are persuaded by the ruling in this case.

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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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The “Family Jewels” Collection (CIA)

The CIA’s “Family Jewels” is a compilation of documents that expose a series of controversial and often illicit activities conducted by the agency from the 1950s to the 1970s. First released to the public in 2007, this 702-page dossier reveals the depths of the CIA’s covert operations, which included assassination plots, illegal surveillance, and experiments on unwitting subjects.

Origins and Release

The Family Jewels documents were originally compiled in response to a 1973 request by then-CIA Director James Schlesinger, who wanted to know if there were any agency operations that might be considered illegal or improper. This internal investigation was prompted by the Watergate scandal and increasing public scrutiny of government agencies. The resulting reports were intended to be kept confidential, but they eventually became part of the public record due to the persistent efforts of journalists and researchers, along with Freedom of Information Act requests.

In 2007, under pressure from a lawsuit filed by the National Security Archive, the CIA finally declassified and released the Family Jewels. The release was significant, not only because it shed light on past abuses but also because it marked a rare instance of transparency for an agency known for its secrecy.

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Assassination Plots

One of the most shocking revelations in the Family Jewels was the CIA’s involvement in plots to assassinate foreign leaders. The documents detail various attempts to eliminate Cuban leader Fidel Castro, including collaboration with the Mafia to poison him and plans to use exotic devices like exploding cigars. In one instance, the CIA even considered using a contaminated diving suit to kill Castro.

The agency’s involvement in assassination plots was not limited to Cuba. The documents also reveal efforts to target leaders in the Congo, the Dominican Republic, and other countries. These revelations raised significant ethical and legal questions about the extent to which the United States was willing to go to influence foreign governments and political outcomes.

Illegal Surveillance

The Family Jewels also uncovered extensive illegal surveillance operations conducted by the CIA within the United States. Despite its mandate to operate only outside U.S. borders, the agency engaged in domestic spying activities, including the monitoring of American journalists, political activists, and dissidents. Operation CHAOS, one of the programs detailed in the documents, aimed to uncover foreign influences on domestic protest movements during the 1960s and early 1970s. However, it quickly expanded to include broad surveillance of American citizens, violating their constitutional rights.

Human Experimentation

Perhaps the most disturbing revelations in the Family Jewels are related to the CIA’s human experimentation programs. The documents detail Project MK-Ultra, a clandestine program focused on mind control and behavioral modification. Under this program, the CIA conducted experiments on unknowing subjects, including administering LSD and other drugs, subjecting individuals to sensory deprivation, and using psychological manipulation techniques. These experiments were often conducted without the informed consent of the participants, leading to severe psychological and physical harm in many cases.

One of the most infamous incidents involved the death of Frank Olson, a CIA scientist who was secretly dosed with LSD and later fell to his death from a hotel window under suspicious circumstances. The Family Jewels documents shed light on the agency’s attempts to cover up the true nature of Olson’s death and the broader unethical practices of the MK-Ultra program.

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After Expanding Warrantless Surveillance The FBI Is Playing Politics With Your Privacy

A bombshell report from WIRED reveals that two days after the U.S. Congress renewed and expanded the mass-surveillance authority Section 702 of the Foreign Intelligence Surveillance Act, the deputy director of the Federal Bureau of Investigation (FBI), Paul Abbate, sent an email imploring agents to “use” Section 702 to search the communications of Americans collected under this authority “to demonstrate why tools like this are essential” to the FBI’s mission.

In other words, an agency that has repeatedly abused this exact authority—with 3.4 million warrantless searches of Americans’ communications in 2021 alone, thinks that the answer to its misuse of mass surveillance of Americans is to do more of it, not less. And it signals that the FBI believes it should do more surveillance–not because of any pressing national security threat—but because the FBI has an image problem.

The American people should feel a fiery volcano of white hot rage over this revelation. During the recent fight over Section 702’s reauthorization, we all had to listen to the FBI and the rest of the Intelligence Community downplay their huge number of Section 702 abuses (but, never fear, they were fixed by drop-down menus!). The government also trotted out every monster of the week in incorrect arguments seeking to undermine the bipartisan push for crucial reforms. Ultimately, after fighting to a draw in the House, Congress bent to the government’s will: it not only failed to reform Section 702, but gave the government authority to use Section 702 in more cases.

Now, immediately after extracting this expanded power and fighting off sensible reforms, the FBI’s leadership is urging the agency to “continue to look for ways” to make more use of this controversial authority to surveil Americans, albeit with the fig leaf that it must be “legal.” And not because of an identifiable, pressing threat to national security, but to “demonstrate” the importance of domestic law enforcement accessing the pool of data collected via mass surveillance. This is an insult to everyone who cares about accountability, civil liberties, and our ability to have a private conversation online. It also raises the question of whether the FBI is interested in keeping us safe or in merely justifying its own increased powers.

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Senate Passes FISA Reauthorization in Late-Night Vote

The Senate in the early hours of April 20 voted to reauthorize a controversial spying power that briefly lapsed after a late-night vote series.

The Reforming Intelligence and Securing America Act, which reauthorizes Section 702 of the Foreign Intelligence Surveillance Act (FISA) for two years, passed in a 60–34 vote that concluded 45 minutes after the 12 a.m. ET deadline.

The bill, passed earlier in the week by the House, will now go to President Joe Biden’s desk. He’s called the reauthorization of the program “critical,” and is expected to swiftly sign the bill into law.

The vote came after lingering disagreements over the controversial surveillance program had Senate leadership scrambling to strike a deal on the rules of debate and amendments.

Lawmakers took votes on a series of amendments that would strengthen civil liberty protections.

However, none of these—including an amendment by Sen. Dick Durbin (D-Ill.) to require a warrant to search Americans’ Section 702 data and another by Sen. Rand Paul (R-Ky.) to prohibit federal law enforcement from purchasing Americans’ data from third-party brokers—were passed by the Senate.

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Telegram Founder Reveals US Government’s Alleged Covert Maneuvers to Backdoor The App

What a shocker. Is this really newsworthy? Actually yes – because here, we’re seeing the opposite of clickbait – a subdued, to put it generously, headline in legacy US media, in an attempt to report about some of the things Telegram CEO Pavel Durov said during his interview with Tucker Carlson.

But behind this headline lies a pretty explosive, even if not surprising story – of how countries (in reality, more likely than one, but in this case, one is named) view the backbone of internet safety and integrity, namely – reliable, secure encryption.

Long story short – they view it as the enemy.

Durov, a Russian now in possession of multiple passports, based in Dubai, UAE, and often apparently butting heads with snooping efforts from governments (including Russian) revealed during the interview how the government in Washington one time tried to “break into Telegram,” as he put it.

But really, doing this successfully, given the nature of the encrypted app, would have meant not just breaking “into” – but, breaking Telegram.

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