surveillance – The Burning Platform

Speaking of Orwell…

Speaking of Orwell

Court: Warrantless requests to track cellphones, Internet use grew sevenfold in D.C. in three years

Sealed law enforcement requests to track Americans without a warrant through cellphone location records or Internet activity grew sevenfold in the past three years in the District, new information released by a federal judge shows.

Details about the growth come as the U.S. Supreme Court weighs whether to rein in such rapidly expanding demands.

Legal experts said the disclosure Monday appears to mark a first, and that neither the Justice Department nor private companies have previously made public such specific data about how often law enforcement agencies seek those court orders.

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Confirmed: Susan Rice “Unmasked” Trump Team

by Tyler Durden

Once again it appears that Trump was right: the conspiracy theory that a close Obama associate worked to “unmask” the Trump team, resulting in the ongoing media spectacle over “collusion” between Trump and the Kremlin, has been confirmed, first by Mike Cernovich, and now by Bloomberg itself.

As noted last night, Journalist and author Mike Cernovich dropped an exclusive bombshell – naming Obama’s National Security Advisor Susan Rice as the official responsible for the ‘unmasking’ of the incoming Trump team during ‘incidental’ surveillance. This was apparently discovered after the White House Counsel’s office reviewed Rice’s document log requests:

The reports Rice requested to see are kept under tightly-controlled conditions. Each person must log her name before being granted access to them.

Upon learning of Rice’s actions, [National Security Advisor] H. R. McMaster dispatched his close aide Derek Harvey to Capitol Hill to brief Chairman Nunes.

Cernovich pointed out, as revealed in an article by Circa, that President Obama began loosening the rules regarding “incidental intercepts” starting in 2011 – making it easier for the US Government to spy on individuals who are not the primary target(s) of a surveillance operation.

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First They Came For the iPhones…

Guest Post by Ron Paul

The FBI tells us that its demand for a back door into the iPhone is all about fighting terrorism, and that it is essential to break in just this one time to find out more about the San Bernardino attack last December. But the truth is they had long sought a way to break Apple’s iPhone encryption and, like 9/11 and the PATRIOT Act, a mass murder provided just the pretext needed. After all, they say, if we are going to be protected from terrorism we have to give up a little of our privacy and liberty. Never mind that government spying on us has not prevented one terrorist attack.

Apple has so far stood up to a federal government’s demand that it force its employees to write a computer program to break into its own product. No doubt Apple CEO Tim Cook understands the damage it would do to his company for the world to know that the US government has a key to supposedly secure iPhones. But the principles at stake are even higher. We have a fundamental right to privacy. We have a fundamental right to go about our daily life without the threat of government surveillance of our activities. We are not East Germany.

Video of the Day – John McAfee Proclaims “An Apple Backdoor is the End of America”

Guest Post by Michael Krieger

Screen Shot 2016-02-20 at 2.36.04 PM

When it comes to Apple vs. the FBI, you can listen to Donald Trump, or you can listen to someone who knows what he’s talking about. If you’d like to do the latter, take a watch.

As I wrote in a lengthy piece published Friday, this showdown is not theater. The U.S. government has been waiting for a terror incident to set a precedent to destroy all privacy and security efforts underway in America. This is a big part of that effort.

For prior posts on the FBI vs. Apple, see:

As the Apple vs. FBI Debate Rages, Congress Plots to Mandate Encryption Backdoors

Trump Sides with the FBI Against Apple; On Torture Proclaims “Water Boarding Is Fine but Not Tough Enough”

Apple Vows to Defend Its Customers as the FBI Launches a War on Privacy and Security

In Liberty,
Michael Krieger

WHO’S THE ENEMY

Via Feral Irishman

IRS possessed Stingray cellphone surveillance gear, documents reveal

Via the Guardian

Exclusive: Invoices reveal tax service, 13th federal agency to use secretive dragnet, upgraded device that pretends to be cellphone tower to gather metadata

An illustration of Stingray surveillance technology. — Often not much bigger than a suitcase, Stingray devices are easily portable in gathering information by imitating cellphone towers. Illustration: Electronic Frontier Foundation via Flickr

The Internal Revenue Service is the latest in a growing list of US federal agencies known to have possessed the sophisticated cellphone dragnet equipment known as Stingray, according to documents obtained by the Guardian.

Invoices obtained following a request under the Freedom of Information Act show purchases made in 2009 and 2012 by the federal tax agency with Harris Corporation, one of a number of companies that manufacture the devices. Privacy advocates said the revelation “shows the wide proliferation of this very invasive surveillance technology”.

The 2009 IRS/Harris Corp invoice is mostly redacted under section B(4) of the Freedom of Information Act, which is intended to protect trade secrets and privileged information. However, an invoice from 2012, which is also partially redacted, reports that the agency spent $65,652 on upgrading a Stingray II to a HailStorm, a more powerful version of the same device, as well as $6,000 on training from Harris Corporation.

Stingrays are the best-known example of a type of device called an IMSI-catcher, also known as “cell-site simulators”. About the size of a briefcase, they work by pretending to be cellphone towers in order to strip metadata and in some cases even content from phones which connect to them.

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Free Speech, Facebook and the NSA: The Good, the Bad and the Ugly

Guest Post by John W. Whitehead

“A person under surveillance is no longer free; a society under surveillance is no longer a democracy.”—Writers Against Mass Surveillance

THE GOOD NEWS: Americans have a right to freely express themselves on the Internet, including making threatening—even violent—statements on Facebook, provided that they don’t intend to actually inflict harm.

The Supreme Court’s ruling in Elonis v. United States threw out the conviction of a Pennsylvania man who was charged with making unlawful threats (it was never proven that he intended to threaten anyone) and sentenced to 44 months in jail after he posted allusions to popular rap lyrics and comedy routines on his Facebook page. It’s a ruling that has First Amendment implications for where the government can draw the line when it comes to provocative and controversial speech that is protected and permissible versus speech that could be interpreted as connoting a criminal intent.

That same day, Section 215 of the USA Patriot Act, the legal justification allowing the National Security Agency (NSA) to carry out warrantless surveillance on Americans, officially expired. Over the course of nearly a decade, if not more, the NSA had covertly spied on millions of Americans, many of whom were guilty of nothing more than using a telephone, and stored their records in government databases. For those who have been fighting the uphill battle against the NSA’s domestic spying program, it was a small but symbolic victory.

THE BAD NEWS: Congress’ legislative “fix,” intended to mollify critics of the NSA, will ensure that the agency is not in any way hindered in its ability to keep spying on Americans’ communications.

The USA FREEDOM Act could do more damage than good by creating a false impression that Congress has taken steps to prevent the government from spying on the telephone calls of citizens, while in fact ensuring the NSA’s ability to continue invading the privacy and security of Americans.

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The NSA’s Technotyranny: One Nation Under Surveillance

Guest Post by John W. Whitehead

“The ultimate goal of the NSA is total population control.”—William Binney, NSA whistleblower

We now have a fourth branch of government.

As I document in my new book Battlefield America: The War on the American People, this fourth branch came into being without any electoral mandate or constitutional referendum, and yet it possesses superpowers, above and beyond those of any other government agency save the military. It is all-knowing, all-seeing and all-powerful. It operates beyond the reach of the president, Congress and the courts, and it marches in lockstep with the corporate elite who really call the shots in Washington, DC.

You might know this branch of government as Surveillance, but I prefer “technotyranny,” a term coined by investigative journalist James Bamford to refer to an age of technological tyranny made possible by government secrets, government lies, government spies and their corporate ties.

Beware of what you say, what you read, what you write, where you go, and with whom you communicate, because it will all be recorded, stored and used against you eventually, at a time and place of the government’s choosing. Privacy, as we have known it, is dead.

The police state is about to pass off the baton to the surveillance state.

Having already transformed local police into extensions of the military, the Department of Homeland Security, the Justice Department and the FBI are preparing to turn the nation’s soldier cops into techno-warriors, complete with iris scanners, body scanners, thermal imaging Doppler radar devices, facial recognition programs, license plate readers, cell phone Stingray devices and so much more.

This is about to be the new face of policing in America.

The National Security Agency (NSA) has been a perfect red herring, distracting us from the government’s broader, technology-driven campaign to render us helpless in the face of its prying eyes. In fact, long before the NSA became the agency we loved to hate, the Justice Department, the FBI, and the Drug Enforcement Administration were carrying out their own secret mass surveillance on an unsuspecting populace.

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Even if Congress Repeals the PATRIOT Act, You’ll Still Have Zero Electronic Privacy

Guest Post by Mark Nestmann

I got a good laugh earlier this month when a federal appeals court ruled that the National Security Agency (NSA) could no longer collect the phone records of all US persons – and then store them in a massive database.

The laugh didn’t result from the decision itself, which I wholeheartedly support. It came from the media coverage of the ruling, which made it sound like the NSA could no longer vacuum up all of our electronic data without any meaningful limits.

The decisions issued by the Second Circuit Court of Appeals dealt with the NSA’s interpretation of Section 215 of the PATRIOT Act. That section authorizes the government to collect data “relevant” to terrorism investigations. However, whistleblower Edward Snowden revealed that the Bush and Obama administrations interpreted Section 215 as giving the government carte blanche authority to collect the phone records of virtually every person in the US.

This should come as no surprise. For many years, I’ve documented the phenomenon of “surveillance creep,” where a technology or law intended for narrow law enforcement or anti-terrorism purposes is used much more broadly.

The FBI’s National DNA Index System, originally used to track sex offenders, has expanded to the point where the federal government now collects a DNA sample from every baby born in the US. In effect, newborn babies are now ranked with sex offenders.
The so-called E911 initiative that makes it possible for emergency responders to locate you when you dial 911 in the US quickly morphed into a massive GPS surveillance initiative. US courts have gone along, on the theory that your cell phone location data isn’t your property, and you therefore have no “expectation of privacy” that it won’t be disclosed.
And my “favorite” example: In the UK, anti-terrorism legislation now is being used (I kid you not) to investigate dog poop.

And just like DNA surveillance, GPS surveillance, and even dog poop surveillance, the Second Circuit’s ruling will do little or nothing to restrict the NSA from sweeping up our electronic data. That will be true even if Congress fails to reauthorize Section 215 of the PATRIOT Act, as appears increasingly likely, and despite the claim by some in Congress that the repeal will “end bulk data collection.”

Continue reading “Even if Congress Repeals the PATRIOT Act, You’ll Still Have Zero Electronic Privacy”

FOURTH TURNING – THE SHADOW OF CRISIS HAS NOT PASSED – PART THREE

In Part One of this article I attempted to illuminate the concept of generational theory as articulated by Strauss and Howe in The Fourth Turning. In Part Two I provided proof this Crisis is far from over, with ever increasing debt, civic decay and global disorder propelling the world towards war.

Seeds of Crisis & War

“The seasons of time offer no guarantees. For modern societies, no less than for all forms of life, transformative change is discontinuous. For what seems an eternity, history goes nowhere – and then it suddenly flings us forward across some vast chaos that defies any mortal effort to plan our way there. The Fourth Turning will try our souls – and the saecular rhythm tells us that much will depend on how we face up to that trial. The saeculum does not reveal whether the story will have a happy ending, but it does tell us how and when our choices will make a difference.” – Strauss & Howe – The Fourth Turning

When you accept the fact history is cyclical and continuous linear progress is not what transpires in the real world, you free yourself from the mental debilitation of normalcy bias and cognitive dissonance. Things do get worse. There are dark periods of history and they recur on a regular cycle. And we are in the midst of one of those dark periods. This Crisis will not be resolved without much pain, sacrifice, bloodshed, and ultimately war. Catastrophe is a strong possibility. The core elements of this Crisis – debt, civic decay, global disorder – are coalescing into a perfect storm which will rage for the next ten to fifteen years. The rhythms of history only provide a guidepost of timing, while the specific events and outcomes are unknowable in advance. The regeneracy of society into a cohesive, unified community, supporting the government in a collective effort to solve society’s most fundamental problems seems to have been delayed. Or has it?

Maybe the answer can be found in the resolution of the last Fourth Turning. The seeds of the next crisis are always planted during the climax of the previous crisis, when the new social order is established. The American Revolution Crisis created a new nation, but left unresolved the issue of slavery. This seed grew to become the catalyst for the Civil War Crisis. The resolution of the Civil War Crisis greatly enhanced the power of the central government, while reducing the influence of the States. The rise of central authority led to the creation of the Federal Reserve, the implementation of income taxes to fund a vastly larger Federal government and the belief among the political class that America should intervene militarily in the affairs of other countries. The Great Depression was created by the monetary policies of the Federal Reserve; the New Deal programs were a further expansion of Federal government; FDR outlawed the ownership of gold; and America’s subsequent involvement in World War II created a military and economic superpower.

Continue reading “FOURTH TURNING – THE SHADOW OF CRISIS HAS NOT PASSED – PART THREE”

FOURTH TURNING – THE SHADOW OF CRISIS HAS NOT PASSED – PART TWO

In Part One of this article I laid the groundwork of the Fourth Turning generational theory. I refuted President Obama’s claim that the shadow of crisis has passed. The shadow grows ever larger and will engulf the world in darkness in the coming years. The Crisis will be fueled by the worsening debt, civic decay and global disorder. I will address these issues in this article.

Debt, Civic Decay & Global Disorder

The core elements propelling this Crisis – debt, civic decay, and global disorder – were obvious over a decade before the financial meltdown catalyst sparked this ongoing two decade long Crisis. With the following issues unresolved, the shadow of this crisis has only grown larger and more ominous:

Debt

The national debt has risen by $7 trillion (64%) to $18.1 trillion since 2009 and continues to accelerate by $2.3 billion per day, on track to surpass $20 trillion before Obama leaves office and $25 trillion by 2019.

The national debt as a percentage of GDP is currently 103% (it would be 106% if the BEA hadn’t decided to positively “adjust” GDP up by $500 billion last year). It is on course to reach 120% by 2019. Rogoff and Reinhart have documented the fact countries that surpass 90% experience economic turmoil, decline, and ultimately currency collapse and debt default.
Despite the housing collapse and hundreds of billions in mortgage, credit card, auto, and corporate debt being written off, dumped on the backs of taxpayers and hidden on the Federal Reserve balance sheet, total credit market debt has reached a new high of $58 trillion.

Harvard professor Laurence Kotlikoff has been a lone voice telling the truth about the true level of unfunded promises hidden in the CBO numbers. The unfunded social welfare liabilities in excess of $200 trillion for Social Security, Medicare, Medicaid, and Obamacare are nothing but a massive future tax increase on younger and unborn generations. Kotlikoff explains what would be required to pay these obligations:

“To honor these obligations we could (a) raise all federal taxes, immediately and permanently, by 57%, (b) cut all federal spending, apart from interest on the debt, by 37%, immediately and permanently, or (c) do some combination of (a) and (b).”

The level of taxation and/or Federal Reserve created inflation necessary to honor these politician promises is too large to be considered feasible. Therefore, these promises, made to get corrupt political hacks elected to public office, will be defaulted upon.

Continue reading “FOURTH TURNING – THE SHADOW OF CRISIS HAS NOT PASSED – PART TWO”

Intelligence bill bolsters warrantless spying on U.S. citizens

Know Your Enemy

Via Police State USA

AA 2015 is “one of the most egregious sections of law I’ve encountered during my time as a representative,” wrote Rep. Justin Amash.

Posted on December 11, 2014 by Site Staff in News, Politics

WASHINGTON, D.C. –- With virtually no warning or debate, the Intelligence Authorization Act for 2015 (H.R. 4681) was rushed to the House floor and passed, containing a dangerous section which, for the first time, statutorily authorizes spying on U.S. citizens without legal process.

Representative Justin Amash (R-MI) made a hastened effort to draw attention to the disturbing bill, only hours before the vote was scheduled. If not for Amash’s efforts, the bill would have passed on a “voice vote” — meaning no record would be kept of which Congressmen supported it. Rep. Amash explained in a press release on social media:

“When I learned that the Intelligence Authorization Act for FY 2015 was being rushed to the floor for a vote—with little debate and only a voice vote expected (i.e., simply declared “passed” with almost nobody in the room) — I asked my legislative staff to quickly review the bill for unusual language. What they discovered is one of the most egregious sections of law I’ve encountered during my time as a representative: It grants the executive branch virtually unlimited access to the communications of every American.” — Rep. Justin Amash (R-MI)

Section 309 contains the language which civil libertarians found disturbing. Rep. Amash rushed out a “Dear Colleague” letter to every member of congress, urging each to vote “NO” on H.R. 4681.

Dear Colleague:

The intelligence reauthorization bill, which the House will vote on today, contains a troubling new provision that for the first time statutorily authorizes spying on U.S. citizens without legal process.

Last night, the Senate passed an amended version of the intelligence reauthorization bill with a new Sec. 309 — one the House never has considered. Sec. 309 authorizes “the acquisition, retention, and dissemination” of nonpublic communications, including those to and from U.S. persons. The section contemplates that those private communications of Americans, obtained without a court order, may be transferred to domestic law enforcement for criminal investigations.

To be clear, Sec. 309 provides the first statutory authority for the acquisition, retention, and dissemination of U.S. persons’ private communications obtained without legal process such as a court order or a subpoena. The administration currently may conduct such surveillance under a claim of executive authority, such as E.O. 12333. However, Congress never has approved of using executive authority in that way to capture and use Americans’ private telephone records, electronic communications, or cloud data.

Supporters of Sec. 309 claim that the provision actually reins in the executive branch’s power to retain Americans’ private communications. It is true that Sec. 309 includes exceedingly weak limits on the executive’s retention of Americans’ communications. With many exceptions, the provision requires the executive to dispose of Americans’ communications within five years of acquiring them — although, as HPSCI admits, the executive branch already follows procedures along these lines.

In exchange for the data retention requirements that the executive already follows, Sec. 309 provides a novel statutory basis for the executive branch’s capture and use of Americans’ private communications. The Senate inserted the provision into the intelligence reauthorization bill late last night. That is no way for Congress to address the sensitive, private information of our constituents—especially when we are asked to expand our government’s surveillance powers.

Explained another way, this bill allows information gathered via warrantless federal surveillance to be transferred to local law enforcement for criminal investigations without any type of court order, subpoena or warrant. As pointed out above, this is a drastic change in the nature of the law.

As Police State USA has previously explained, tips gathered from NSA-style spying are considered illegitimate in court. Enforcers had to lie and create a “parallel construction” of the investigation using legitimate means in order to proceed with prosecution. Not even the judges and prosecutors knew about the secret investigations of the defendants.

The Intelligence Authorization Act apparently codifies this practice and makes it the norm in law enforcement.

Unfortunately, on December 10th, 2014, the 47-page intelligence bill passed, 325-100. However, since Rep. Amash requested a roll-call vote, we know the names those who backed it.

ROLL CALL VOTE: H.R. 4681: Intelligence Authorization Act for Fiscal Year 2015

The measure already passed the U.S. Senate by unanimous consent on December 9th, and is now on its way to the White House, where President Obama is expected to sign it.

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THE NSA IS PROTECTING YOU – BELIEVE – CONSUME – DON’T THINK

Almost four times as many sheep in America trust the NSA than the citizens of Russia. Sacrificing liberty and freedom for safety, security, iGadgets, 24/7 reality TV, entitlement goodies, subprime loans, and $20,000 credit card limits at 19% interest never felt so good.

You will find more statistics at Statista

QUOTES OF THE DAY

“There will come a time when it isn’t ‘They’re spying on me through my phone’ anymore. Eventually, it will be ‘My phone is spying on me’.”
― Philip K. Dick

“The way things are supposed to work is that we’re supposed to know virtually everything about what they [the government] do: that’s why they’re called public servants. They’re supposed to know virtually nothing about what we do: that’s why we’re called private individuals.”
― Glenn Greenwald

“Not enough people know or understand just how little freedom we have left.”
― Korban Blake

“Big Brother in the form of an increasingly powerful government and in an increasingly powerful private sector will pile the records high with reasons why privacy should give way to national security, to law and order […] and the like.”
― William O. Douglas, Points of Rebellion

“Every time I do an interview people ask similar questions, such as “What is the most significant story that you have revealed?” […] There really is only one overarching point that all of these stories have revealed, and that is–and I say this without the slightest bit of hyperbole or melodrama; it’s not metaphorical and it’s not figurative; it is literally true–that the goal of the NSA and it’s five eyes partners in the English speaking world–Canada, New Zealand, Australia and especially the UK–is to eliminate privacy globally, to ensure that there could be no human communications that occur electronically, that evades their surveillance net; they want to make sure that all forms of human communications by telephone or by Internet, and all online activities are collected, monitored, stored and analyzed by that agency and by their allies.

That means, to describe that is to describe a ubiquitous surveillance state; you don’t need hyperbole to make that claim, and you do not need to believe me when I say that that’s their goal. Document after document within the archive that Edward Snowden provided us declare that to be their goal. They are obsessed with searching out any small little premise of the planet where some form of communications might take place without they being able to invade it.”
― Glenn Greenwald

“The National Security Agency’s capability at any time could be turned around on the American people, and no American would have any privacy left, such is the capability to monitor everything: telephone conversations, telegrams, it doesn’t matter. There would be no place to hide. If a dictator ever took over, the N.S.A. could enable it to impose total tyranny, and there would be no way to fight back.”
― Frank Church