War-Addicted US Military Now Arguing It Can Spy On All Computers In States With Military Bases

by Alex Marthews on September 15, 2014

A new ruling from the Ninth Circuit (h/t Eugene Volokh) highlights a case where an NCIS agent: “surveyed the entire state of Washington for computers sharing child pornography.” [their italics] It was Agent Logan’s “standard practice” to do so. There is “abundant evidence that the violation at issue has occurred repeatedly and frequently” [...] [Agent […]

Local Police May Be Hacking Your Phone: Piercing Secrecy Around Stingrays

by Alex Marthews on September 4, 2014

Without your knowledge or permission, your smartphone’s calls could be being intercepted right now by your local police department, and your taxes are definitely being misused to pay for unconstitutional police snooping. We have reported before on “stingrays”, which started being used by local police departments in around 2006. These devices impersonate a cellphone tower […]

CIA Chief John Brennan Is Getting A Little Bored, People

by Alex Marthews on August 1, 2014

Whoa, for a moment there I was worried. Our own Inspector-General here at the CIA has verified that we tortured people and then lied about it and then illegally surveilled the Intelligence Committee that’s supposed to oversee us, to intimidate them into not publishing the report that documents the torture and lying and covering up. […]

The Executive’s Humpty-Dumpty Terrorism Watchlisting Policy: Lessons from People v. Morales

by Alex Marthews on July 25, 2014

The Intercept’s publication of the criteria for the terrorism watchlists throws some light at least on what the government tells itself a terrorist is. This is a matter of keen interest to many of us, since a close reading of the following text tells you a lot about the values and priorities of our new-minted […]

During 2013, Exactly Zero MA Wiretaps Resulted In Arrests Or Convictions

by Alex Marthews on July 22, 2014

The official system of electronic wiretaps in the US predates and is separate from the unconstitutional mass surveillance conducted by the NSA and other surveillance agencies. Typically, electronic wiretaps comply fully with the Fourth Amendment by requiring an individualized warrant based on probable cause before the wiretap begins. But it’s still interesting to look at […]

86-Year-Old Man Took Photo of “Rainbow Swash” in Dorchester; Agents Track Him Down to Sacramento, Quiz His Neighbors, Put Him On A Watch List

by Alex Marthews on July 18, 2014

This is James Prigoff. He is 86 years old. Mr. Prigoff was president of a division of all-American jeans maker Levi Strauss and a VP at tasty bread maker Sara Lee. In his retirement, he apparently likes taking photos of public art, which of course, because WE HAVE FREEDOM HERE DAMMIT, he can pursue happily […]

At HOPE X: Artist Essam Attia, cool research, and Restore The Fourth!

by Alex Marthews on July 18, 2014

The tenth biennial Hackers on Planet Earth Conference starts today and runs through Sunday at the Hotel Pennsylvania in NYC. We’ll be there as part of the Restore The Fourth delegation (I’m the national chair of Restore The Fourth). I and Zaki Manian will be hosting a radio show 10am-11am on Radio Statler, the HOPE […]

Change Is In The Air: Alleged Pot Smell No Longer Constitutes Reasonable Suspicion in Massachusetts

by Alex Marthews on July 15, 2014

It was clear from the moment that Massachusetts decriminalized the ownership of small amounts of pot, that it would create a problem for the police. Specifically, it would create a problem for their ability to continue to make the 6.5% of arrests nationwide, as of 2010, that related to pot specifically [source: FBI Uniform Crime […]

MA Fusion Center Reform Stalls Out

by Alex Marthews on July 10, 2014

Digital Fourth’s second major campaign is to close the fusion centers, which are like mini-NSAs that gather data on residents’ “suspicious activities” in violation of the Fourth Amendment. Now, the major fusion center reform bill in the Massachusetts legislature has died in committee. In this post, we’re exploring why the Free Speech Act was important, […]