Pentagon collecting Americans’ phone data without warrants and hiding details, senator says

U.S. federal agencies including the Defense Intelligence Agency (DIA), Customs and Border Protection (CBP), the Drug Enforcement Administration (DEA) and the Internal Revenue Service (IRS) have been purchasing access to large databases of phone location data and hiding their motives in what Sen. Ron Wyden (D-OR) described as “warrantless surveillance” of Americans.

In a Thursday letter to Defense Secretary Lloyd Austin, Wyden called on Austin to declassify all answers about the Department of Defense’s data collection practices. Wyden noted that of eight questions he raised with the DoD, he received unclassified answers to three questions, while the answers to the five remaining questions were offered in a classified manner.

“In February 2020, media reports revealed that U.S. government agencies are buying location data obtained from apps on Americans’ phones and are doing so without any kind of legal process, sich as a court order,” Wyden wrote. “I have spent the last year investigating the shady, unregulated data brokers that are selling this data and the government agencies that are buying it. My investigation confirmed the warrantless purchase of American’s location data by the Internal Revenue Service, Customs and Border Protection, the Drug Enforcement Administration, and the Defense Intelligence Agency (DIA).”

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Rights Advocates Alarmed by US Spy Agency’s Purchase of Warrantless Phone Location Data

Digital rights advocates reacted with alarm to a report published Friday detailing how Defense Intelligence Agency analysts in recent years bought databases of U.S. smartphone location data without first obtaining warrants.

The Defense Intelligence Agency (DIA) is part of the Department of Defense and is tasked with informing military and civilian policymakers about the activities and intentions of foreign governments and nonstate actors.

The new revelation, first reported by the New York Times, initially came in the form of DIA responses to questions from Sen. Ron Wyden (D-Ore.) regarding the agency’s warrantless purchase of commercial location data generated by phones both inside and outside of the United States.

Wyden asked the DIA to clarify its interpretation of Carpenter v. United States, a 2018 U.S. Supreme Court decision barring law enforcement agencies from requesting personal location information from a cellphone company without first obtaining a search warrant from a judge.

“DIA does not construe the Carpenter decision to require a judicial warrant endorsing purchase or use of commercially-available data for intelligence purposes,” the agency replied, implicitly acknowledging its exploitation of an apparent loophole in the case that DIA believes permits its warrantless acquisition of location data from third-party brokers.

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Mississippi Cops Can Now Use Your Ring Doorbell Camera To Live Stream Your Neighborhood

Today in “those who surrender their liberty for security” news…

The Jackson, Mississippi police department is piloting a 45 day program that allows them to live stream private security cameras, including Amazon Ring cameras, at the residences of its citizens. 

It’s no surprise that Amazon’s Ring cameras were the only brand named for the pilot program, as EFF pointed out, since they have over 1,000 partnerships with local police departments. 

The program allows Ring owners to patch their camera streams to a “Real Time Crime Center” – i.e. a dispatcher on desk duty whose new favorite way of passing the time is to watch you bring out your garbage twice a week in a bathrobe. 

While the pilot program is supposedly “opt-in” only, meaning residents have to volunteer to be a part of it, it is an obvious step in the wrong direction of mass privacy invasion without a warrant. 

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How the U.S. Military Buys Location Data from Ordinary Apps

The U.S. military is buying the granular movement data of people around the world, harvested from innocuous-seeming apps, Motherboard has learned. The most popular app among a group Motherboard analyzed connected to this sort of data sale is a Muslim prayer and Quran app that has more than 98 million downloads worldwide. Others include a Muslim dating app, a popular Craigslist app, an app for following storms, and a “level” app that can be used to help, for example, install shelves in a bedroom.

Through public records, interviews with developers, and technical analysis, Motherboard uncovered two separate, parallel data streams that the U.S. military uses, or has used, to obtain location data. One relies on a company called Babel Street, which creates a product called Locate X. U.S. Special Operations Command (USSOCOM), a branch of the military tasked with counterterrorism, counterinsurgency, and special reconnaissance, bought access to Locate X to assist on overseas special forces operations. The other stream is through a company called X-Mode, which obtains location data directly from apps, then sells that data to contractors, and by extension, the military.

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National security surveillance court finds FBI regularly does not follow rules

The top United States federal court that oversees national security surveillance has found that the FBI regularly does not follow rules meant to protect the privacy of the American people.

The pattern was revealed while searching through emails that were gathered without a warrant, according to a December ruling declassified Friday.

Additionally, the ruling stated that despite identifying “widespread violations” by analysts conducting these searches, a judge still approved the warrantless surveillance program for another year.

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Customs And Border Protection Bought Half A Million Dollars Worth Of Location Data

Customs and Border Protection (CBP) just got its hands on a whole bunch of location data. The news service Motherboard (Vice’s technology segment) uncovered a procurement order for $476,000 paid to the company Venntel Software last month. Venntel specializes in location data mining, compiling and selling GPS data gathered on users from various phone apps.

Sources who work with Venntel gave Motherboard more insight into the type of data the government now has its hands on.

Venntel’s technology only gives anonymized data, meaning it does not identify specific people or phone numbers. It gives only a randomized identification number. BUT there is an easy way to identify the owners of the phone.

The technology allows the CBP to draw a perimeter around a geographical area, and obtain the location data for any phones in that area. In this way, CBP could draw a circle around one particular home, acquire the data from it, and surmise that the few devices in that home belong to the homeowners.

What this means:

This allows Customs and Border Protection to ignore laws that require them to obtain a warrant before surveilling particular subjects. They simply purchase the data, instead of having to show probable cause that a crime has been committed.

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