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...the government intends to offer into evidence or otherwise use or disclose in proceedings in the above-captioned matter information obtained or derived from acquisition of foreign intelligence information conducted pursuant to the Foreign Intelligence Surveillance Act of 1978, as amended, 50 U.S.C. 1881a.
The case is an interesting one. I wrote about it here. [More...]
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The FISA Court today released the August 29, 2013 opinion by FISA Court Judge Claire Eagen finding the NSA's mass telephony data program is constitutional and statutorily permissible.
The opinion is here.
[B]ecause there is no cognizable Fourth Amendment interest in a telephone company's metadata that it holds in the course of its business, the Court finds that there is no Constitutional impediment to the requested production.
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The New York Times reports on the Hemisphere Project, a program in which the DEA HIDTAs have been paying AT&T for phone records for 26 years.
The government pays AT&T to place its employees in drug-fighting units around the country. Those employees sit alongside Drug Enforcement Administration agents and local detectives and supply them with the phone data from as far back as 1987.
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Reuters reported yesterday that several Congresspersons and Senators have written Attorney General Holder seeking answers to questions about the report that the DEA used information collected by the National Security Agency (NSA) in criminal investigations unrelated to terrorism and the collection of foreign intelligence.
1. Which components of the U.S. Department of Justice have access to information collected by the government under the Foreign Intelligence Surveillance Act?
2. Does the Drug Enforcement Administration, or any other component of the Department of Justice, use or give to any other federal, state, or local agency foreign intelligence surveillance information collected under FISA for the purpose of criminal investigation or criminal prosecution? If so, with what frequency? Under which authorities is such information collected?
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Facebook has released the numbers of requests it received for user account information during the first half of 2013.
The United States sought data from between 20,000 – 21,000 accounts. Facebook said the data included “criminal and national security requests to the maximum extent permitted by law.” It said it was prohibited from detailing exact numbers or types of national security related requests, which would include National Security Letters and FISA court orders.
...The data, the social-networking giant said, concern basic subscriber information, such as name and length of service. “Other requests may also seek IP address logs or actual account content,” Facebook said.
Facebook's report is here. Take a look at FB's Data Privacy page and see how much information it stores about you. You need to check three places, the Activities Log, Expanded Archives and Downloaded Info and Activity Logs.
To save you some time, I combined them in this slideshow. The complete data use policy is here. For more on what information Facebook, Twitter and other social media companies store, see here. For stored metadata, see here.
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As I transition into this next phase of my life, I want everyone to know the real me. I am Chelsea Manning. I am a female. Given the way that I feel, and have felt since childhood, I want to begin hormone therapy as soon as possible. I hope that you will support me in this transition. I also request that, starting today, you refer to me by my new name and use the feminine pronoun (except in official mail to the confinement facility). I look forward to receiving letters from supporters and having the opportunity to write back.
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In response to a FOIA lawsuit(document here) by the Electronic Frontier Foundation (EFF), the Government today agreed to release a FISA court opinion finding some parts of the NSA electronic surveillance program unconstitutional. For example, for a period of time, the NSA illegally collected domestic emails and internet communications of Americans.
The October, 2011 opinion by former FISA Court Chief Judge John Bates is here. A September, 2012 opinion by Judge Bates finding the issue sufficiently resolved is here. Spencer Ackerman and other reporters had a conference call with an intelligence official who gave an explanation of what happened and why. Here is the Guardian report on documents from Edward Snowden describing the loophole (also here.)
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The Guardian has an interview with David Miranda describing his 9 hour detention.
The Guardian editor describes how he was pressured to destroy hard drives.
[O]ne of the more bizarre moments in the Guardian's long history occurred – with two GCHQ security experts overseeing the destruction of hard drives in the Guardian's basement just to make sure there was nothing in the mangled bits of metal which could possibly be of any interest to passing Chinese agents. "We can call off the black helicopters," joked one as we swept up the remains of a MacBook Pro.
The White House says it didn't request Miranda's detention, but the UK gave it a heads-up -- in other words, the U.S. knew of the detention plan before it occurred. [More...]
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- Pages 1 to 23: A legal memorandum explaining the Government’s legal basis for an intelligence collection program under which the Federal Bureau of Investigation (FBI) obtains court orders directing certain telecommunications service providers to produce telephony metadata in bulk.
- Pages 24 to 30: NSA on Legal Authorities: a seven-page document describing the legal authorities that the agency uses as the basis for its spying, the controls that are in place to limit the surveillance and a brief description of what guides the agency’s use of what they call signals intelligence.
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Russia has given asylum to Edward Snowden for a year. He has left the Moscow airport. He is with a member of the Wikileaks legal team.
Why only a year? Maybe Russia is hoping that in a year's time, the U.S. will reconsider its refusal to hand over Victor Bout and Konstantin Yaroshenko in exchange for Snowden.
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Via the Guardian: Edward Snowden's latest contribution to letting the world know what the U.S. Government doesn't want you to know: XKeyscore.
Analysts can also use XKeyscore and other NSA systems to obtain ongoing "real-time" interception of an individual's internet activity.
....One top-secret document describes how the program "searches within bodies of emails, webpages and documents", including the "To, From, CC, BCC lines" and the 'Contact Us' pages on websites".
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Director of National Intelligence James Clapper has authorized the declassification and public release of these documents:
- Cover Letter and 2009 Report on the National Security Agency’s Bulk Collection Program for USA PATRIOT Act Reauthorization
- Cover Letters and 2011 Report on the National Security Agency’s Bulk Collection Program for USA PATRIOT Act Reauthorization
- Primary Order for Business Records Collection Under Section 215 of the USA PATRIOT Act
Here's a NY Times article on today's hearing and the declassified documents.
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The ACLU has a post today showing just how much metadata reveals about your life and associations.
Why this is important: In the attempt to justify the NSA surveillance program, the President and some in Congress resort to claims like "It's just metadata, not content."
"This is just metadata," Senate Intelligence Committee Chairwoman Dianne Feinstein assured the American people, referring to the NSA's bulk collection of Americans call records. "There is no content involved." President Obama and his national security officials have made similar assurances.
Using a program called Immersion, developed by MIT Media Lab, he reviews almost 9 years of his own emails. Immersion examines the From, To, Cc and Timestamp fields-- from a Gmail account and visualizes it.
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The Amash Amendment to end NSA's bulk electronic surveillance program will be voted on this week.
"The amendment would prevent the NSA, the FBI and other agencies from relying on Section 215 of the Patriot Act "to collect records, including telephone call records, that pertain to persons who are not subject to an investigation under Section 215."">will get a vote, probably Thursday. Debate is expected late today.
The vote by itself will not restrict the surveillance, it would simply include Amash's amendment in the annual Defense appropriations bill, which the House is considering this week; the Senate must also approve the bill before it goes to President Obama's desk.
The House Intelligence Committee supports it, the House Judiciary Committee opposes it.
Go here and see how your rep is voting. Send them a tweet urging them to pass the Amendment
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The ACLU has published a handy resource guide, After DOMA: What it Means for You.
Implementation of federal rights, benefits, and protections will vary from state to state and on an individual basis.
The Supreme Court's decision in Windsor v United States is here. The ACLU says: [More...]
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