Most Reps Voting for USA FREEDOM Were Opponents of Surveillance Reform

ackbar-trap-usaf

The House just voted to pass the USA FREEDOM Act, which reauthorizes and alters Section 215 of the PATRIOT Act, with a vote of 338 to 88. It’s being depicted as a landslide in favor of reform. It is, sadly, anything but. This is why.

Last week’s ruling by the 2nd Circuit fundamentally changed the Congressional debate. Senator McConnell, the Majority Leader, had been pushing for a straight reauthorization of Section 215 of the PATRIOT Act. But the 2nd Circuit ruling said, among much else, that if Congress did a straight reauthorization of the same language, then their ruling that mass metadata surveillance was unlawful would still stand. In other words, straight reauthorization will no longer get surveillance defenders what they want. So, as the next best thing, the administration and the intelligence committees swung behind the USA FREEDOM Act. This Act would impose token limits on how much they can collect with a single request, but would modernize intelligence collection for a world where much communication is not an actual phone call. As a compromise between moderate surveillance reformers and the intelligence community, it actually offers a lot that the intelligence community likes. So it looks much better to them at this point than straight reauthorization (=no mass metadata surveillance under Section 215) or straight sunset (=no mass metadata surveillance under Section 215).

How do we know this happened? We can measure it.

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Sharing Is Not Caring: Amtrak, DHS and Travelers’ Rights

Sample form for internal passport for prisoners of war, Geneva Conventions, 1956

Sample form for internal passport for prisoners of war, Geneva Conventions, 1956

Traveling in today’s America is becoming more and more constrained. Every year, there are more checks, more searches, and more guards. If you go by car, ALPR systems will track you. If you go by plane, you and your belongings can be legally searched, groped, mocked, impounded or vandalized. If you stay in a motel, your information may be shared up front with law enforcement. And now, even the trains are getting on the act.

The aptly-named PapersPlease.org filed a Freedom of Information Act request last October asking how Amtrak handled sharing of information with the Department of Homeland Security. While Amtrak is regularly subsidized, it is legally a private company, and as such should not share information on passengers unless the police provide them with a valid, individualized probable-cause warrant. You know, that old Fourth Amendment thing?

Ahem.

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If You Don’t Call Your Congressmember After Reading This, You’ll Regret It

captain-america-shield-surveillance

We’re asking everybody to call their Congressmember (Massachusetts numbers below the fold) to support HR1466, the Surveillance State Repeal Act, a bipartisan bill we helped introduce that would truly end mass surveillance. This is why it matters.

On June 1, the part of the PATRIOT Act that has been used to legitimate the mass collection of all of our phone call information, and much else besides, will lapse, It’s a terrible provision known as “Section 215.” Section 215 allows the FBI – and, it appears, other intelligence agencies too – to collect “any tangible things” that are “relevant” to a terrorism investigation. As it turns out, the intelligence community has argued explicitly that every single call in the United States is “relevant”. So, it appears, if we don’t let the NSA know exactly when I called the Danish Pastry House in Watertown about my one-year-old daughter’s first birthday cake, then ISIS will destroy us all.

There has been no legislation proposed yet from either chamber of Congress to renew Section 215. The intelligence community is panicking, and is apparently literally waving pictures of the burning Twin Towers at our elected officials, and telling them that if Section 215 lapses and there’s another attack, it’ll be the lawmakers’ fault and ISIS will destroy us all.

There may be a bill launched next week that would renew it, called the USA FREEDOM Act. Many civil liberties groups plan to support it, because it would also include reforms to Section 215, and may also reform (not repeal) the government’s other mass surveillance programs. We haven’t seen that bill yet, but it would have to be very strong to make it a better deal than simply letting the government’s Section 215 authority die.

There’s actually no evidence that Section 215’s mass surveillance programs have ever stopped a terrorist attack, and the government’s own reports have repeatedly shown that it has never stopped one. Follow me below the fold for the explanation why, and for the numbers to call!

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NSA Whistleblower Russ Tice Explains NSA Targeting of US Politicians

captain-america-freedom-fear

Mass surveillance is damaging enough; but the capabilities we have handed to the surveillance agencies create a different kind of opportunity for the empire-building surveillance bureaucrat.

The constant claim is that Americans are not “wittingly” “targeted” under the dragnet; it’s just that their communications are vacuumed up “incidentally” because they are one, two, or three “hops” from a given “target”, a category that includes a shifting set of millions of people at a time. But even that face-saving statement is a lie. American citizens are “targets” themselves, and there’s an obvious category of people it would make strategic sense for the surveillance agencies to target: Namely, the set of people with authority over the budgets and remits of the surveillance agencies themselves.

NSA whistleblower Russell Tice is much less well known than Edward Snowden, but his testimony is just as explosive. Here’s an interview he gave in 2013, with a partial transcript:

Okay. They [the NSA] went after members of Congress, both Senate and the House, especially on the intelligence committees and on the armed services committees and judicial. But they went after other ones, too. They went after heaps of lawyers and law firms. They went after judges. One of the judges [Samuel Alito] is now sitting on the Supreme Court that I had his wiretap information in my hand. Two are former FISA court judges. They went after State Department officials. They went after people in the White House–their own people. They went after antiwar groups. They went after U.S. companies that that do business around the world. They went after U.S. banking firms and financial firms that do international business. They went after NGOs like the Red Cross that that go overseas and do humanitarian work. They went after a few antiwar civil rights groups. So, you know, don’t tell me that there’s no abuse, because I’ve had this stuff in my hand and looked at it.

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Boston’s Fusion Center Gives Itself an A+ on “Privacy and Civil Liberties”

ftoaplus

Ten months ago, Digital Fourth submitted a public records request to Boston’s fusion center, the Boston Regional Intelligence Center. It took two appeals to the Secretary of State to get it, but we finally got a response.

The states operate a network of 78 fusion centers across the nation, which coordinate intelligence-related information between federal agencies and state and local law enforcement, in the name of thwarting terrorist attacks. They have never, to anyone’s knowledge, actually thwarted one, and they have become bywords in Washington for waste and ineffectiveness. Previously, we reported on constitutional violations and the results of a FOIA request at Massachusetts’ “Commonwealth Fusion Center”, operated by the State Police; now it’s the turn of Massachusetts’ other fusion center, headquartered at the Boston PD.

The most interesting document we received is the “2013 Fusion Center Assessment Individual Report: Boston Regional Intelligence Center”. This report was heavily redacted, but luckily the State of Colorado has posted on its website an unredacted 2014 report from Colorado’s fusion center that is absolutely identical in format to the Boston report we received, rendering all of the redactions in the Boston report moot. So if you’d like to understand what the BRIC didn’t want us to see, read on.

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We All Now Live In Walls Of Glass: Police peer into suspects’ homes without warrants

Over the last two years, at least 50 law enforcement agencies around the United States have used radar devices that allow them to peer through walls and into your home without a warrant, according to USA Today. The devices, each of which costs nearly $6,000, detect movement – even breathing – through walls and up to 50 feet away.

According to contracts obtained by USA Today, the US Marshals Service began buying the radars in 2012 and has since spent $180,000 on the equipment – enough for thirty Range-R radars manufactured by L-3 Communications. Disturbingly, the radars can even be mounted on a drone.

The devices were originally manufactured for use in Iraq and Afghanistan ,but have made their way onto domestic soil, providing yet another example of how the use of military gear by police results in an infringement of our fundamental right to be free of unreasonable and warrantless searches and seizures.

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Levitating the Pentagon Is Now A Terrorist Act

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Back in 1967, the much-missed Abbie Hoffman and several hundred of his friends hatched a plan to exorcise and levitate the Pentagon, so that they could end the war in Vietnam. They meticulously went through all the steps for requesting a permit (including negotiating the proposed levitation down to three feet, from the initially suggested 300 feet). Most amazingly of all, to our tired War-on-Terror eyes, they were allowed to go through with it, albeit with several thousand US troops and a couple hundred US Marshals standing ready in case of chaos.

Authoritarians of both major parties will be happy to hear that today’s law enforcement won’t stand for such peaceful acts of political theater. At a time when the newspapers are dutifully parroting the paramount need for a Democratic President to bomb ISIS so hard that it will make the rubble bounce, our domestic law enforcement agencies and private security companies are getting floods of easy money to deal with the devastating terroristic threats posed by people who drop glitter or take photos of factory farms or who hold hippy parties in the woods.

Pity, in this last context, the Rainbow Family of Living Light, who make the mistake of “stressing non-violence, peace and love.” We Are Change reports that Missoula’s police chief has applied for a grant from DHS (who else?) to purchase a mobile command unit to spy on the Rainbow Family as an “extremist” organization. One of its gatherings was described as “rowdy” and as “creat[ing] a mess that [needed] to be cleaned up”. If that makes you an extremist, then based on the appearance of our toy room I appear to have two domestic extremist seven-year-olds; maybe I should be applying for a quarter-million dollar grant from DHS myself?

My goodness gracious. Well, the last thing we Americans want is any rowdiness. Leave that to the Canadians, or possibly the British. We, unlike them, are sober and obedient people who dutifully obey orders from the powers that be. It’s the only safe thing to do in this post-9/11 world.

Our New Bill H. 2170 Mandates Police Bodycams, Protects Data

"Our police department in Lynn, MA likes both kinds of music - country AND western..."

“Our police department in Lynn, MA likes both kinds of music – country AND western…”

When Michael Brown was shot in Ferguson, MO, there was no video of it. When Denis Reynoso was shot in Lynn, MA, there was no video of it. But what if there had been? And what if police bodycams could significantly reduce incidents of use of force by police?

Responding to this need, Digital Fourth took model legislation developed by the Harvard Black Law Students Association that mandates bodycams for police departments, modified it for Massachusetts, and got a bill filed on Beacon Hill. This session was the first time our gallant volunteers have tried anything like this, and we got a strong response. Sen. Jamie Eldridge filed the bill in the Senate; Rep. Denise Provost filed it in the House; and it has already attracted as cosponsors Rep. Benjamin Swan (D-Springfield), Rep. Mary Keefe (D-Worcester) and Rep. Byron Rushing (D-Boston).

The bill is a result of months of consultation with interested police departments and grapples with some difficult issues – how would bodycam data be used? When would officers be required to record? What about the consent of the people being filmed? It sets up a blue-ribbon committee to review traffic stops, pedestrian stops, and bodycam footage, requires police officers to carry bodycams in almost all circumstances, and sets strong controls on the use and dissemination of the footage.

As this appears to be the only bodycams bill that got filed in the 2015-16 session, we believe that our bill represents the best chance of fostering a discussion about reducing on-the-ground unreasonable searches and seizures – the bread and butter of the Fourth Amendment – and that it could substantially improve relations between the police and communities of color in particular. Community-police relations directly affects those working on policy initiatives: One of the people advising on our bill, Segun Idowu, chairman of the Boston Police Cameras Action Team, was arrested at a Black Lives Matter protest and is currently facing trial.

“Our research, inspired by current events, confirms that community/police relations may be improved with the use of this technology, as bodycams will provide a truth that has no color,” said McKenzie Morris, President of the Harvard Black Law Students Association. “This legislation, albeit a first step, is a necessary endeavor for the pursuit of transparency and accountability in policing.”

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