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Phase III – Stealth Is.

“In the quietude, you may find solace in knowing.” “In knowing, you will find the solace of quietude.”

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Tag: panopticon

In New Brunswick, N.J., a building superintendent opened the door to apartment No. 1076 one balmy Tuesday and discovered an alarming scene: terrorist literature strewn about the table and computer and surveillance equipment set up in the next room.

The panicked superintendent dialed 911, sending police and the FBI rushing to the building near Rutgers University on the afternoon of June 2, 2009. What they found in that first-floor apartment, however, was not a terrorist hideout but a command center set up by a secret team of New York Police Department intelligence officers.

From that apartment, about an hour outside the department’s jurisdiction, the NYPD had been staging undercover operations and conducting surveillance throughout New Jersey. Neither the FBI nor the local police had any idea.

Since the terrorist attacks of Sept. 11, 2001, the NYPD has become one of the country’s most aggressive domestic intelligence agencies. A months-long investigation by The Associated Press has revealed that the NYPD operates far outside its borders and targets ethnic communities in ways that would run afoul of civil liberties rules if practiced by the federal government. And it does so with unprecedented help from the CIA in a partnership that has blurred the bright line between foreign and domestic spying.

Neither the city council, which finances the department, nor the federal government, which contributes hundreds of millions of dollars each year, is told exactly what’s going on.

The department has dispatched teams of undercover officers, known as “rakers,” into minority neighborhoods as part of a human mapping program, according to officials directly involved in the program. They’ve monitored daily life in bookstores, bars, cafes and nightclubs. Police have also used informants, known as “mosque crawlers,” to monitor sermons, even when there’s no evidence of wrongdoing. NYPD officials have scrutinized imams and gathered intelligence on cab drivers and food cart vendors, jobs often done by Muslims.

Many of these operations were built with help from the CIA, which is prohibited from spying on Americans but was instrumental in transforming the NYPD’s intelligence unit.

If Congress had to name laws honestly, it would be called the “Forcing Your Internet Provider to Spy On You Just In Case You’re a Criminal Act of 2011″ — a costly, invasive mandate that even the co-author of the Patriot Act, Rep. James Sensenbrenner (R-Wisc.), says “runs roughshod over the rights of people who use the Internet.”

But because it’s disguised as the “Protecting Children from Internet Pornographers Act,” the House Judiciary Committee approved it last week by a wide margin — even though it’s got little to do with child porn and won’t do much to protect kids.

The centerpiece of this ill-conceived law is a sweeping requirement that commercial Internet providers retain a one-year log of all the temporary Internet Protocol addresses they assign to their users, along with customer-identification information. The Justice Department says this will help track down child-porn peddlers by linking online activity and real-world identities. But the government would be able to access that sensitive data for all kinds of investigations, most of which would have nothing to do with child porn.

Traditionally, citizens in a free society are presumed innocent. If the police want to look through your computer files, the Fourth Amendment requires them to show a judge that there’s “probable cause” to suspect wrongdoing. The PCIPA turns that assumption on its head, treating every Internet user as a presumptive criminal and exploiting a serious Fourth Amendment loophole.

The Constitution protects privacy against government intrusion, but it doesn’t stop the government from forcing private companies to do its dirty work. Records held by a corporation don’t enjoy the same Fourth Amendment protection as does the data on your personal computer — so a search warrant isn’t necessary.

But there’s no evidence that law enforcement has a systematic problem obtaining Internet records in child-porn investigations. A Government Accountability Office report released in March concluded that Internet providers usually could provide subpoenaed records — and in the few cases where they couldn’t, investigators could often obtain them by other means

From Patriot Act provisions extended just in time:

Acting with minutes to spare, President Obama approved a four-year extension of expiring provisions of the Patriot Act, after Congress overcame mounting opposition from both parties to narrowly avoid a lapse in the terrorist surveillance law.

Obama, attending an international summit in France, awoke early Friday to review and approve the bill, directing that it be signed in Washington by automatic pen before the provisions expired at midnight Thursday Eastern time.

The administration had warned Congress that any interruption in the surveillance authority would threaten national security.

Passage came late Thursday after a protracted political struggle that played out over several months, a sign of increased unease with powers granted to the federal government to investigate citizens and foreigners in the aftermath of the terrorist attacks of Sept. 11, 2001.

Conservative Republicans, many of them elected with backing from the “tea party” movement, and liberal Democrats resisted attempts to extend the three expiring provisions of the act.

Dramatizing the debate this week, Sen. Rand Paul (R-Ky.) held up Senate floor proceedings to protest what he characterized as an unconstitutional overreach by the federal government into private affairs.

From: There’s a Secret Patriot Act, Senator Says:

You think you understand how the Patriot Act allows the government to spy on its citizens. Sen. Ron Wyden says it’s worse than you know.

Congress is set to reauthorize three controversial provisions of the surveillance law as early as Thursday. Wyden (D-Oregon) says that powers they grant the government on their face, the government applies a far broader legal interpretation — an interpretation that the government has conveniently classified, so it cannot be publicly assessed or challenged. But one prominent Patriot-watcher asserts that the secret interpretation empowers the government to deploy ”dragnets” for massive amounts of information on private citizens; the government portrays its data-collection efforts much differently.

“We’re getting to a gap between what the public thinks the law says and what the American government secretly thinks the law says,” Wyden told Danger Room in an interview in his Senate office. “When you’ve got that kind of a gap, you’re going to have a problem on your hands.”

What exactly does Wyden mean by that? As a member of the intelligence committee, he laments that he can’t precisely explain without disclosing classified information. But one component of the Patriot Act in particular gives him immense pause: the so-called “business-records provision,” which empowers the FBI to get businesses, medical offices, banks and other organizations to turn over any “tangible things” it deems relevant to a security investigation.

“It is fair to say that the business-records provision is a part of the Patriot Act that I am extremely interested in reforming,” Wyden says. “I know a fair amount about how it’s interpreted, and I am going to keep pushing, as I have, to get more information about how the Patriot Act is being interpreted declassified. I think the public has a right to public debate about it.”

That’s why Wyden and his colleague Sen. Mark Udall offered an amendment on Tuesday to the Patriot Act reauthorization.

The amendment, first reported by Marcy Wheeler, blasts the administration for “secretly reinterpret[ing] public laws and statutes.” It would compel the Attorney General to “publicly disclose the United States Government’s official interpretation of the USA Patriot Act.” And, intriguingly, it refers to “intelligence-collection authorities” embedded in the Patriot Act that the administration briefed the Senate about in February.

Wyden says he “can’t answer” any specific questions about how the government thinks it can use the Patriot Act. That would risk revealing classified information — something Wyden considers an abuse of government secrecy. He believes the techniques themselves should stay secret, but the rationale for using their legal use under Patriot ought to be disclosed.

“I draw a sharp line between the secret interpretation of the law, which I believe is a growing problem, and protecting operations and methods in the intelligence area, which have to be protected,” he says.


The National Security Agency is, by nature, an extreme example of the e-hoarder. And as the governmental organization responsible for things like, say, gathering intelligence on such Persons of Interest as Osama bin Laden, that impulse makes sense–though once you hear the specifics, it still seems pretty incredible. In a story about the bin Laden mission, the NSA very casually dropped a number: Every six hours, the agency collects as much data as is stored in the entire Library of Congress.

That data includes transcripts of phone calls and in-house discussions, video and audio surveillance, and a massive amount of photography. “The volume of data they’re pulling in is huge,” said John V. Parachini, director of the Intelligence Policy Center at RAND. “One criticism we might make of our [intelligence] community is that we’re collection-obsessed — we pull in everything — and we don’t spend enough time or money to try and understand what do we have and how can we act upon it.”

NSA’s budget is not disclosed by law, but we’d imagine it would awfully expensive and difficult to even listen to such vast quantities of data, let alone analyze it intelligently. They mostly listen for keywords now–bits that don’t make sense (and thus might be code), certain red-flag words (like, well, “bomb,” which seems kind of unsubtle but I guess we’re talking about terrorists here and of course it’s possible there are intricacies of language that are missing in translation), and any conversation between principals like bin Laden. Still, next time you’re aghast at how much space the entire series of Blue Planet takes on your hard drive, just be glad you’re not the NSA.

AS RECENT events in Egypt and Tunisia so aptly demonstrate, technology is a double-edged sword: while pro-democracy protesters used sites like Facebook to organise, their governments used the same sites to suppress dissent.

Judging by the failed Iranian uprising of 2009, social media in particular provides dictators with all the information they need for an effective crackdown. Monitoring a revolutionary movement has never been easier – the secret police just need to collect enough tweets and pokes. Thus, while it’s important to recognise the positive contribution that social media can and does make to popular uprisings, it’s equally important to recognise its shortcomings and vulnerabilities.

Many authoritarian regimes have already established a very active presence online. They are constantly designing new tools and learning new tactics that range from producing suave online propaganda to cultivating their own easily controllable alternatives to services like Facebook or Twitter.

Why should we bother studying how dictators exploit the web? There are two main reasons. First, it may help us get a better grasp on how to promote “internet freedom”, a cause that western governments are championing.

Promoters of internet freedom clearly need to understand what is going on. For example, it used to be that authoritarian regimes could tame the web simply by filtering or blocking “harmful” websites. Anyone who wanted to gain access to them would then need to use proxies and tools to get round censorship.

How things have changed. Now authoritarian governments rely on a rapidly expanding panoply of tools and tactics that range from distributed denial-of-service attacks to make websites temporarily unavailable, to spreading malware that helps them to spy on dissidents remotely. Merely funding censorship circumvention tools as a means of weakening authoritarian control no longer seems sufficient and may actually encourage dictators to replace technological controls with social ones, such as pressuring internet companies to remove political comments from their sites.

Another reason why those of us living in democracies should pay more attention to how dictators control the web is because it is the only way to identify and put pressure on western corporations that make such control possible by selling them the equipment.

The Egyptian government had the ability to monitor and intercept traffic passing through their networks thanks to “deep packet inspection” technology sold to state-owned Telecom Egypt by the American firm Narus (owned by Boeing). The Iranian government appears to have used similar equipment sold to them by western companies to spy on its opponents: last year the European parliament condemned Nokia Siemens for providing Iran’s authorities with “censorship and surveillance technology”. Some fear that the oppressive regime in Belarus used technology supplied by Ericsson to suppress political dissent.

Thanks to radical improvements in technologies such as face recognition, it may become even easier for the secret police to track their opponents. Here, too, there is a cut-throat competition among western firms, who rightly smell lucrative commercial opportunities – wouldn’t it be wonderful if all those online photos of your friends could be tagged automatically? And yet you can almost guarantee that such technologies would be abused by authoritarian states. The way in which we choose to regulate such technologies in the west can really define – and perhaps, even limit – their contribution to political oppression.

Sadly, the likes of Facebook and Twitter do not have a spotless record on digital activism. For all the celebration of their role in facilitating democratic change, neither company has so far joined the Global Network Initiative, a group of companies, civil organisations and academics committed to upholding human rights and freedom of expression in telecommunications (Microsoft, Google and Yahoo have all joined). Many dissidents around the globe are unhappy that Facebook systematically deletes their accounts because their profiles bear pseudonyms, not their real names.

Realising the democratising potential of the internet won’t be easy and, on the whole, it’s perhaps a good sign that the US government is so keen on internet freedom. However, as activists in authoritarian states have told me, the biggest contribution that Washington can make to this fight is to first solve numerous problems in its own backyard. Getting US companies to stop selling technology to authoritarian states that are likely to abuse it would be a good first step; having Facebook, Twitter and others commit to some shared set of democratic norms would be a good second.

Companies aside, the biggest challenge to internet freedom lies in western democracies themselves, where law enforcement and intelligence agencies want to assert greater control over our networks. The rapid securitisation of cyberspace is particularly severe in the US, where the government, spooked by the WikiLeaks saga, is opting for a more aggressive watch over the internet.

The fact that the US government is trying to export internet freedom abroad while limiting it at home is not lost on its adversaries, who skillfully exploit such hypocrisy for propaganda. The push to promote internet freedom should aim as much inward as it does outward.

As the U.S. Government Subpoenaed Foreign Leader’s Twitter History as Part of their WikiLeaks Investigation this article at EFF.org seems very insightful and relevant.

This month, we were reminded how important it is that social media companies do what they can to protect the sensitive data they hold from the prying eyes of the government. As many news outlets have reported, the US Department of Justice recently obtained a court order for records from Twitter on several of its users related to the WikiLeaks disclosures. Instead of just turning over this information, Twitter “beta-tested a spine” and notified its users of the court order, thus giving them the opportunity to challenge it in court.

We have been investigating how the government seeks information from social networking sites such as Twitter and how the sites respond to these requests in our ongoing social networking Freedom of Information Act (FOIA) request, filed with the help of UC Berkeley’s Samuelson Law, Technology & Public Policy Clinic. As part of our request to the Department of Justice and other federal agencies, we asked for copies of the guides the sites themselves send out to law enforcement explaining how agents can obtain information about a site’s users and what kinds of information are available. The information we got back enabled us to make an unprecedented comparison of these critical documents, as most of the information was not available publicly before now.

We received copies of guides from 13 companies, including Facebook, MySpace, AOL, eBay, Ning, Tagged, Craigslist and others, and for some of the companies we received several versions of the guide. We have combed through the data in these guides and, with the Samuelson Clinic’s help, organized it into a comprehensive spreadsheet (in .xls and .pdf) that compares how the companies handle requests for user information such as contact information, photos, IP logs, friend networks, buying history, and private messages. And although we didn’t receive a copy of Twitter’s law enforcement guide, Twitter publishes some relevant information on its site, so we have included that in our spreadsheet for comparison.

The guides we received, which were dated between 2005 and 2010, show that social networking sites have struggled to develop consistent, straightforward policies to govern how and when they will provide private user information to law enforcement agencies. The guides also show how those policies (and how the companies present their policies to law enforcement) have evolved over time.

The House Republicans’ first major technology initiative is about to be unveiled: a push to force Internet companies to keep track of what their users are doing.

A House panel chaired by Rep. F. James Sensenbrenner of Wisconsin is scheduled to hold a hearing tomorrow morning to discuss forcing Internet providers, and perhaps Web companies as well, to store records of their users’ activities for later review by police.

One focus will be on reviving a dormant proposal for data retention that would require companies to store Internet Protocol (IP) addresses for two years, CNET has learned.

Tomorrow’s data retention hearing is juxtaposed against the recent trend to protect Internet users’ privacy by storing less data. Last month, the Federal Trade Commission called for “limited retention” of user data on privacy grounds, and in the last 24 hours, both Mozilla and Google have announced do-not-track technology.

A Judiciary committee aide provided a statement this afternoon saying “the purpose of this hearing is to examine the need for retention of certain data by Internet service providers to facilitate law enforcement investigations of Internet child pornography and other Internet crimes,” but declined to elaborate.

In ancient times, Gorgon was a mythical Greek creature whose unblinking eyes turned to stone those who beheld them. In modern times, Gorgon may be one of the military’s most valuable new tools.

This winter, the Air Force is set to deploy to Afghanistan what it says is a revolutionary airborne surveillance system called Gorgon Stare, which will be able to transmit live video images of physical movement across an entire town.

The system, made up of nine video cameras mounted on a remotely piloted aircraft, can transmit live images to soldiers on the ground or to analysts tracking enemy movements. It can send up to 65 different images to different users; by contrast, Air Force drones today shoot video from a single camera over a “soda straw” area the size of a building or two.

With the new tool, analysts will no longer have to guess where to point the camera, said Maj. Gen. James O. Poss, the Air Force’s assistant deputy chief of staff for intelligence, surveillance and reconnaissance. “Gorgon Stare will be looking at a whole city, so there will be no way for the adversary to know what we’re looking at, and we can see everything.”

Questions persist, however, about whether the military has the capability to sift through huge quantities of imagery quickly enough to convey useful data to troops in the field.

Officials also acknowledge that Gorgon Stare is of limited value unless they can match it with improved human intelligence – eyewitness reports of who is doing what on the ground.

Janet Napolitano said last month that we should expect to soon see tighter restrictions at bus, train, and marine transportation centers, too. Here’s a report about TSA, Border Patrol, and local police setting up a checkpoint at a Greyhound station in Tampa. Note how quickly preventing a possible terrorist attack expands to include catching illegal immigrants, and preventing drug and what sounds like “cash smuggling.” (It’s hard to tell from the audio.) Note also the complete and utter reverence the local news report bestows on these government agencies, who after all are merely “teaming up to keep your family safe.”

A liberal blogger wrote to me in an email this week that libertarians who call the TSA pat-downs a violation of their civil liberties do a disservice to actual violations of civil liberties. It’s not difficult to envision the day where anyone wishing to take mass transportation in this country will have to first submit to a government checkpoint, show ID, and answer questions about any excess cash, prescription medication, or any other items in his possession the government deems suspicious. If and when that happens, freedom of movement will essentially be dead. But it won’t happen overnight. It’ll happen incrementally. And each increment will, when taken in isolation, appear to some to be perfectly reasonable.

The next step in tightened security could be on U.S. public transportation, trains and boats.

Homeland Security Secretary Janet Napolitano says terrorists will continue to look for U.S. vulnerabilities, making tighter security standards necessary.

“[Terrorists] are going to continue to probe the system and try to find a way through,” Napolitano said in an interview that aired Monday night on “Charlie Rose.”

“I think the tighter we get on aviation, we have to also be thinking now about going on to mass transit or to trains or maritime. So, what do we need to be doing to strengthen our protections there?”

Napolitano’s comments, made a day before one of the nation’s busiest travel days, come in the wake of a public outcry over newly implemented airport screening measures that have been criticized for being too invasive.

The secretary has defended the new screening methods, which include advanced imaging systems and pat-downs, as necessary to stopping terrorists. During the interview with Rose, Napolitano said her agency is now looking into ways to make other popular means of travel safer for passengers and commuters.

Sen. Joe Lieberman (I-Conn.), chairman of the Senate Homeland Security Committee, introduced legislation this past September that would authorize testing of body scanners at some federal buildings.

Napolitano’s comments were in response to the question: “What will they [terrorists] be thinking in the future?” She gave no details about how soon the public could see changes in security or about what additional safety measures the DHS was entertaining.

On Monday, Pistole said he understood peoples’ privacy concerns and that the TSA would consider modifying its screening policies to make them “as minimally invasive as possible,” but he indicated  the advanced-imaging body scans and pat-down methods would remain in place in the short term, including during the high-volume Thanksgiving period of travel.

Lawmakers from both parties have received hundreds of complaints about the new methods — some have likened the pat-downs to groping — and have called on Pistole to address the privacy concerns of their constituents, who were not informed about changes ahead of time.

Many lawmakers say the public should have been informed before the pat-downs and body-imaging techniques were put into practice. As a result, any move to implement new security screening measures for rail or water passengers is likely to be met with tough levels of scrutiny from lawmakers.

Pistole, who spent 26 years with the FBI, told reporters Monday that he rejected the advice of media aides who advised him to publicize the revised security measures before they took effect. Terrorist groups have been known to study the TSA’s screening methods in an attempt to circumvent them, he said.

Napolitano said she hoped the U.S. could get to a place in the future where Americans would not have to be as guarded against terrorist attacks as they are and that she was actively promoting research into the psychology of how a terrorist becomes radicalized.

Two cybersecurity bills that would hand President Obama the power to shut down parts of the Internet in the event of a national emergency have now been merged into a single unified piece of legislation that Democrats will try to pass before the end of the year, with the Department of Homeland Security being given a larger role in policing the world wide web.

Under the new draft bill, which is a combination of the two versions originally crafted by Senators Joe Lieberman and Jay Rockefeller, Janet Napolitano’s DHS will be handed broader authority to determine how to handle potential cybersecurity threats.

“DHS will get expanded authorities. I think that’s clear,” said James Lewis, a cybersecurity expert with think tank Center for Strategic and International Studies, who has studied the new bill.

An expanded role for Homeland Security would be somewhat ironic given the fact that the DHS itself recently failed an extensive cyber-security audit conducted by the agency’s own Inspector General.

“The DHS US-CERT office is currently plagued by at least 600 vulnerabilities that could compromise sensitive data, including 202 which have been classified as high-risk,” reported TG Daily.

Homeland Security’s failure to adequately secure its own internal network will lead to questions about why the agency should be given vast new authority to secure America’s cyber assets and the public Internet.

Democrats want to get the bill passed within the next four weeks, although “sticking points” could delay the legislation, according to a Senate aide familiar with the bill. However, lawmakers are determined to put the package up for a vote before the end of the year.

Cybersecurity legislation is being promoted as a vital tool to defend the nation’s critical infrastructure against cyber- terrorism. However, as we have highlighted, the threat from cyber-terrorists to the U.S. power grid or water supply is minimal. The perpetrators of an attack on such infrastructure would have to have direct physical access to the systems that operate these plants to cause any damage. Any perceived threat from the public Internet to these systems is therefore completely contrived and strips bare what many fear is the real agenda behind cybersecurity – to enable the government to regulate free speech on the Internet.

As we reported back in March, the Obama administration’s release of the Comprehensive National Cybersecurity Initiative, a government plan to “secure” (or control) the nation’s public and private sector computer networks, coincided with Democrats attempting to claim that the independent news website The Drudge Report was serving malware, an incident Senator Jim Inhofe described as a deliberate ploy “to discourage people from using Drudge”.

Fears that cybersecurity legislation could be used to stifle free speech were heightened when Senator Lieberman told CNN’s Candy Crowley that the real motivation behind the bill was to mimic the Communist Chinese system of Internet policing.

“Right now China, the government, can disconnect parts of its Internet in case of war and we need to have that here too,” said Lieberman.

As we have documented, the Communist Chinese government does not disconnect parts of the Internet because of genuine security concerns, it habitually does so only to oppress and silence victims of government abuse and atrocities, and to strangle dissent against the state, a practice many fear is the ultimate intention of cybersecurity in the United States.

“Terrorists who want to overthrow the United States government must now register with South Carolina’s Secretary of State and declare their intentions — or face a $25,000 fine and up to 10 years in prison.

The state’s “Subversive Activities Registration Act,” passed last year and now officially on the books, states that “every member of a subversive organization, or an organization subject to foreign control, every foreign agent and every person who advocates, teaches, advises or practices the duty, necessity or propriety of controlling, conducting, seizing or overthrowing the government of the United States … shall register with the Secretary of State.”

There’s even a $5 filing fee.”

This absurdity c/o Technoccult

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