Tag: warrantless surveillance

Victory! Fourth Circuit Rules Baltimore’s Warrantless Aerial Surveillance Program Unconstitutional

The U.S. Court of Appeals for the Fourth Circuit ruled last week that Baltimore’s use of aerial surveillance that could track the movements of the entire city violated the Fourth Amendment.

The case, Leaders of a Beautiful Struggle v. Baltimore Police Department, challenged the Baltimore Police Department’s (BPD) use of an aerial surveillance program that continuously captured an estimated 12 hours of coverage of 90 percent of the city each day for a six-month pilot period. EFF, joined by the Brennan Center for Justice, Electronic Privacy Information Center, FreedomWorks, National Association of Criminal Defense Lawyers, and the Rutherford Institute, filed an amicus brief arguing that the two previous court decisions upholding the constitutionality of the program misapplied Supreme Court precedent and failed to recognize the disproportionate impact of surveillance, like Baltimore’s program, on communities of color.

In its decision, the full Fourth Circuit found that BPD’s use and analysis of its Aerial Investigation Research (AIR) data was a warrantless search that violated the Fourth Amendment. Relying on the Supreme Court’s decisions in United States v. Jones and United States v. Carpenter, the Fourth Circuit held that Carpenter—which ruled that cell-site location information was protected under the Fourth Amendment and thus may only be obtained with a warrant—applied “squarely” to this case. The Fourth Circuit explained that the district court had misapprehended the extent of what the AIR program could do. The district court believed that the program only engaged in short-term tracking. However, the Fourth Circuit clarified that, like the cell-site location information tracking in Carpenter, the AIR program’s detailed data collection and 45-day retention period gave BPD the ability to chronicle movements in a “detailed, encyclopedic” record, akin to “attaching an ankle monitor to every person in the city.”

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Microsoft exec: Targeting of Americans’ records ‘routine’

 Federal law enforcement agencies secretly seek the data of Microsoft customers thousands of times a year, according to congressional testimony Wednesday by a senior executive at the technology company.

Tom Burt, Microsoft’s corporate vice president for customer security and trust, told members of the House Judiciary Committee that federal law enforcement in recent years has been presenting the company with between 2,400 to 3,500 secrecy orders a year, or about seven to 10 a day.

“Most shocking is just how routine secrecy orders have become when law enforcement targets an American’s email, text messages or other sensitive data stored in the cloud,” said Burt, describing the widespread clandestine surveillance as a major shift from historical norms.

The relationship between law enforcement and Big Tech has attracted fresh scrutiny in recent weeks with the revelation that Trump-era Justice Department prosecutors obtained as part of leak investigations phone records belonging not only to journalists but also to members of Congress and their staffers. Microsoft, for instance, was among the companies that turned over records under a court order, and because of a gag order, had to then wait more than two years before disclosing it.

Since then, Brad Smith, Microsoft’s president, called for an end to the overuse of secret gag orders, arguing in a Washington Post opinion piece that “prosecutors too often are exploiting technology to abuse our fundamental freedoms.” Attorney General Merrick Garland, meanwhile, has said the Justice Department will abandon its practice of seizing reporter records and will formalize that stance soon.

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NSA Reveals in FOIA Response that the FBI Involved in “Improper Surveillance” of 16,000 Americans

Then on January 6, after one million Trump supporters rallied with President Trump at the Ellipse outside the White House, some 900 individuals went inside the US Capitol. Over 400 have since been arrested, including those who were waved into the US Capitol by the police standing at the exits.

Since January, the Deep State and Democrats will not release videotapes to Republican lawmakers from January 6th inside or outside the US Capitol.

Earlier this week Revolver News published an important piece on the “unindicted co-conspirators” in the Jan. 6 attack who were never charged by the DOJ or FBI for their part in the violence on Jan. 6.

The “unindicted co-conspirators” were frequently the most violent and leaders of the assault on the US Capitol. They are also likely FBI informants.

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FBI demands info on readers of USA Today story about agents killed in child porn raid

The FBI is demanding that newspaper giant Gannett hand over identifying information on readers of a USA Today story about a suspect in a child porn case who killed two agents in February.

Federal investigators served the company with a subpoena in April seeking the IP addresses and phone numbers of the people who accessed a news article, between 8:03 a.m. and 8:38 a.m. on Feb. 2, about the Florida shooting that left two FBI agents dead and three others wounded.

The information sought by the feds, “relates to a federal criminal investigation being conducted by the FBI,” according to the subpoena.

Gannett, the publisher of the paper, fought back against the order in federal court on May 27, claiming the demand is unconstitutional and in violation of the Department of Justice’s policy for subpoenaing information from the press.

“A government demand for records that would identify specific individuals who read specific expressive materials, like the Subpoena at issue here, invades the First Amendment rights of both publisher and reader, and must be quashed accordingly,” Garnett lawyers wrote in the motion, made public Wednesday.

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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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