Showing posts with label Fourth Amendment. Show all posts
Showing posts with label Fourth Amendment. Show all posts

Sunday, October 21, 2007

Telecoms Getting Paid Big Taxpayer $$ to Let Feds Invade Your Privacy Without Court Orders

What Does Uncle Sam Pay to Read Your E-Mail?

ABC News reports:
If you cringe when your read your monthly Internet or phone bill, take heart: Uncle Sam probably does too.

According to an internal Comcast cable company document, the giant cable-Internet-phone provider charges the government $1,000 nearly every time the FBI or other intelligence or law enforcement agency wants to surveil a person's e-mail or digital phone account.

Comcast provides cable-based communications service to millions of Americans. A company spokeswoman told ABC News "our first priority is our customers' privacy, but we want to balance that with the legitimate needs of law enforcement."

On top of its "start-up" fee, Comcast charges state and federal authorities $750 a month to maintain electronic surveillance, according to the document, which was obtained by the nonprofit Secrecy News Web site.

The fees are charged for nearly all law enforcement or intelligence surveillance requests. In cases involving child exploitation, Comcast waives the fees, the document states.
In addition to those surveillance services, Comcast can also provide state and federal authorities with customer billing information for a fee, according to the 35-page document, entitled "Law Enforcement Handbook." The company strives to respond "within eight to ten days" to government requests, the handbook states.

Depending on the type of information an agency wants, it can submit a letter of request, a criminal warrant, obtain a court order, submit a secret intelligence warrant or use a controversial "National Security Letter," according to the handbook.

The document sheds light on the quiet cooperation some communications companies give government authorities, at a time when aspects of that relationship are coming under fire.

Communications companies are required by law to provide law enforcement access to customer information and records that are needed for criminal investigations, as well as for certain intelligence operations.

The Democrat-led Congress, however, is turning up the heat on the Bush administration and major telecommunications carriers for a domestic spying operation involving phone and Internet customers that many people, including former Justice Department officials, believe operated outside the law.

Little is known about the effort, which the White House has since named the "Terrorist Surveillance Program," other than that it apparently involved the super-secret National Security Agency (NSA) and carriers like AT&T and Verizon, which provided the government with customers' phone records.

Congressional leaders have said the Bush administration has steadfastly refused to provide details on the program, although the White House has said it had "fully briefed" them.

In letters to Congress released yesterday, carriers AT&T, Verizon and Qwest declined to discuss the program. Qwest has previously stated it declined to participate in the program, despite overtures from the administration.

There have been no reports that Comcast, which provides digital phone service to 3.5 million people, has been involved in the TSP.

The Comcast handbook, dated September 2007 and stamped "Comcast Confidential," does not say how many requests for surveillance assistance Comcast has received.

Wednesday, August 22, 2007

Pentagon To Close TALON Reporting System



Xinhua.net reports:
The U.S. Defense Department will close its TALON Reporting System next month that contains intelligence gathered about war protestors in the country, the department announced Tuesday.

The reporting system on threats to the Defense Department and domestic military installations will be closed on Sept. 17.

Why the delay?
The department's counterintelligence office, however, will maintain a record copy of the collected data in the system, and the assistant secretary of defense for homeland defense and America's security affairs will propose a system to streamline such threat reporting and better meet the department's needs, the Pentagon said in a statement.

After the reporting system is closed, the department's agencies will send information concerning force protection threats to the Federal Bureau of Investigation until a system can be established by the Pentagon, the statement said.

The Defense Department cannot legally collect information in the United States about potential threats to its installations, but it was revealed in late 2005 that the Pentagon had kept initial reports in the TALON database about peaceful protesters who posed no apparent threat, according to a CNN report.

The system is being shut down because it is infrequently used, the CNN report said.

Not because it's wrong, or illegal, or because Quakers and other anti-war groups pose no threat and it's a waste of limited resources. No. It's because "it is infrequently used," which really means that they have some other system up and running to spy on citizens.

Wednesday, August 08, 2007

Out of Sight, Out of Mind?

The Loss of Privacy in America



There are 4.2 million closed-circuit TV cameras spying on people as they go about their lives in Great Britain. Cities around America are following Great Britain's lead in watching people's every move. At what cost?

In The Washington Times, former Republican member of the U.S. House of Representatives from Georgia Bob Barr writes:
Though the lion's share of publicity surrounding Tony Blair's recent departure as Britain's prime minister focused on his legacy as George W. Bush's top foreign cheerleader, a more lasting legacy for Mr. Blair's lengthy tenure as Britain's chief "decider" will be that he greatly accelerated Great Britain's ascendancy to the position of the "most surveilled" society in the world. Still, Michael Bloomberg, the Democrat-turned-Republican-turned-independent mayor of New York is giving Mr. Blair a run for the money as the most surveillance-hungry public official in the world.

Even though officials in other cities are embracing and installing surveillance cameras in huge numbers — Chicago, Detroit and Washington, D.C., to name a few — the latest plan unveiled by Mr. Bloomberg and his equally surveillance-enamored police commissioner, Raymond Kelly, leaves these other American cities in the surveillance dust. Truly what we are witnessing being created here is a 21st-century Panopticon.
The Panopticon, as envisaged by British philosopher Jeremy Bentham (1748-1832), was a society (initially proposed as a prison) in which surreptitious surveillance of the citizenry was always possible and ever-known. Control was exercised not by being surveilled continuously but by each person knowing they might be under surveillance at any time, or all the time.

Bentham was a man ahead of his time. His pet project was never fully carried out because the technology available at the time, relying as it did on direct, physical surveillance (electricity as a harnessable force, with which Benjamin Franklin was just then beginning to experiment, was still more than a century away) made creation of a workable Panopticon infeasible. Were Bentham alive today, he probably would be the most sought-after consultant on the planet.

The key to the surveillance society foreseen by Bentham more than two centuries ago was control. Crime was rampant in late 18th-century and early 19th-century London. Controlling the populace by modifying behavior became the central problem for Bentham and other social scientists of the day.

Of course, the notion that surveillance is key to control was not new with Bentham; centuries before, the Greek philosopher Plato had mused about the power of the government to control through surveillance, when he raised the still-relevant question, "Who watches the watchers?"

More recently, of course, George Orwell gave voice to the innate fear that resides deep in many of our psyches against government surveillance, in his nightmare, "Big Brother is Watching You" world of the novel "1984."

Whether in Bentham's world, or Plato's or Orwell's, the central task is to modify behavior by convincing people that the government — that entity with power over their lives — may be watching them all the time or at any particular time. As 20th-century American philosopher and advocate of personal freedom Ayn Rand noted, taking away a person's privacy renders to the government the ability to control absolutely that person.

In fact, studies by Bentham and others have established that individuals do in fact modify their behavior if they believe they are being watched by authorities.

Whether learned of these philosophical treatises or not, Mayor Bloomberg and former Prime Minister Blair epitomize the almost mindless, unquestioning embrace of surveillance as the solution to problems — real, manufactured or exaggerated — that pervades government post-September 11, 2001. Fear of terrorism as much as fear of crime is the currency by which government at all levels convinces a fearful populace that a surveilled society is a safe society.

Of course, Messrs. Bloomberg and Blair have one benefit available to them that was largely denied Bentham — money. Lots of money. "Homeland security" money taken from the wallets of taxpayers, but treated by government appropriators as theirs by right, is eagerly ladled out for cameras to surveill all. Add the magic words "for fighting terrorism" to your request for federal money and the chances of securing those dollars are made many times greater.

Not only is money readily available for government agencies to install, monitor and expand surveillance systems, but the cameras themselves are magnificent generators of money. Already in London, vehicle owners are billed for using their cars and trucks in certain areas and at certain times, through use of surveillance cameras that photograph, record and track vehicle license plates. The multimillion-dollar system being set up by Mayor Bloomberg and Commissioner Kelly will almost certainly be similarly employed down the road.

With more than 4.2 million closed-circuit television surveillance cameras now operating in Great Britain (the vast majority in and around London), Mr. Bloomberg has a long way to catch up to his British counterparts. Yet the eagerness with which he is approaching this challenge, coupled with the easy money available to him and a largely ignorant and compliant citizenry willing to surrender their privacy in the vain hope that thousands of surveillance cameras will guarantee their safety, bodes well for the Gotham City to overtake London as the most surveilled city on the planet. Somewhere, Jeremy Bentham is smiling; and George Orwell is saying, "I told you so."

Jeffrey Rosen, an associate professor at GWU Law School and whom you also may recall from his testimony on one of the panels that testified at Clinton's impeachment, wrote a book entitled, "The Unwanted Gaze: The Destruction of Privacy in America."

In it, he talks about a doctrine in Jewish law, "hezzek re'iyyah," which means "the injury caused by seeing." He quotes the Encyclopedia Talmudit:
"Even the smallest intrusion into private space by the unwanted gaze causes damage, because the injury caused by seeing cannot be measured."

Jewish jurisprudence of the Middle Ages provided for a legal action to stop a neighbor from building a window from which he could peer into your courtyard.
The loss of privacy, our right to an interior experience where we rehearse ideas and innovation away from judgment and interference, has had a devastating impact on our culture.

Just because people don't want to be observed doesn't mean they are engaged in criminal acts or "wrongdoing." And a state that insists that it has the right to determine if that is so, loses the very traits that set the American people apart from others - Our creativity and ingenuity. Innovation requires being able to make mistakes, trial and error, practice, out of the watch of prying and judgmental eyes.