Gag orders lifted – reveals FBI forced Twitter to share user info illegally

Twitter announced Friday it received two national security requests, one each in 2015 and 2016, asking for users’ account data without informing the affected users. The company could not reveal this earlier since it was bound by gag orders until now that restricted it from openly speaking about the matter.

The requests were received in the form of national security letters…

Each letter requests a special kind of data called electronic communication transaction records, including email header data and browsing history.

FBI requests go far beyond the limitations set by a 2008 Justice Department legal memo, which said such orders could only be restricted to phone billing records

NSLs are government orders used for obtaining communication data available to service providers. They are usually accompanied by a gag order restricting the provider from informing the user whose data is obtained. The legal tool has been available since the 1970s, but has been put into regular usage for varied purposes since the passing of the U.S.A. Patriot Act…

The use of NSLs to obtain data is being opposed by major tech companies including Twitter which is fighting its own lawsuit against the government…

Yup. Last two years of the Obama Administration.

Nothing new about Liberal Democrats supporting the same crap Big Brother ideology as scumbags in the Republican Party. You ain’t about to see Donald Trump start supporting constitutional freedoms, privacy rights or net neutrality.

We’re posting this because while some Democrats are working sincerely to bring the supposedly liberal half of the TweedleDeeDum 2-Party system in line with the real needs of working folks – they will need concerned individuals to twist their arms, remind them to walk away from Cold Warrior lies and rationales. Stop snooping on ordinary citizens.

Advertisements

Geek Squad techs get a $500 spiff from the FBI for snooping through customer’s computers

❝ FBI agents and prosecutors usually strut inside Santa Ana’s Ronald Reagan Federal Courthouse, knowing they’ve focused the wrath of the criminal-justice system on a particular criminal. But an unusual child-pornography-possession case has placed officials on the defensive for nearly 26 months. Questions linger about law-enforcement honesty, unconstitutional searches, underhanded use of informants and twisted logic…

Rettenmaier is a prominent Orange County physician and surgeon who had no idea that a Nov. 1, 2011, trip to a Mission Viejo Best Buy would jeopardize his freedom and eventually raise concerns about, at a minimum, FBI competency or, at worst, corruption. Unable to boot his HP Pavilion desktop computer, he sought the assistance of the store’s Geek Squad. At the time, nobody knew the company’s repair technicians routinely searched customers’ devices for files that could earn them $500 windfalls as FBI informants…

❝ According to court records, Geek Squad technician John “Trey” Westphal, an FBI informant, reported he accidentally located on Rettenmaier’s computer an image of “a fully nude, white prepubescent female on her hands and knees on a bed, with a brown choker-type collar around her neck.” Westphal notified his boss, Justin Meade, also an FBI informant, who alerted colleague Randall Ratliff, another FBI informant at Best Buy, as well as the FBI. Claiming the image met the definition of child pornography and was tied to a series of illicit pictures known as the “Jenny” shots, agent Tracey Riley seized the hard drive.

❝ Setting aside the issue of whether the search of Rettenmaier’s computer constituted an illegal search by private individuals acting as government agents, the FBI undertook a series of dishonest measures in hopes of building a case…James D. Riddet, Rettenmaier’s attorney…says agents conducted two additional searches of the computer without obtaining necessary warrants, lied to trick a federal magistrate judge into authorizing a search warrant, then tried to cover up their misdeeds by initially hiding records.

❝ To convict someone of child-pornography charges, the government must prove the suspect knowingly possessed the image. But in Rettenmaier’s case, the alleged “Jenny” image was found on unallocated “trash” space, meaning it could only be retrieved by “carving” with costly, highly sophisticated forensics tools. In other words, it’s arguable a computer’s owner wouldn’t know of its existence…Worse for the FBI, a federal appellate court unequivocally declared in February 2011…that pictures found on unallocated space did not constitute knowing possession because it is impossible to determine when, why or who downloaded them…

❝ The case is presently so tenuous that Riddet, who has 47 years of court experience, suggests that federal officials sloppily pushed for an unnecessary arrest…But the biggest issue remains whether Geek Squad technicians acted as secret law-enforcement agents and, thus, violated Fourth Amendment prohibitions against warrantless government searches. Riddet claims records show “FBI and Best Buy made sure that during the period from 2007 to the present, there was always at least one supervisor who was an active informant.” He also said, “The FBI appears to be able to access data at [Best Buy’s main repair facility in Brooks, Kentucky] whenever they want.” Calling the relationship between the agency and the Geek Squad relevant to pretrial motions, Judge Cormac Carney approved Riddet’s request to question agents under oath.

The FBI can be trusted to obey the law, constitutional rights and respect the privacy of American citizens – about as much as the average armed burglar. Since I’ve been down this road before — and won — I’d suggest that any concerned citizens who’ve been taking their computers in to Best Buy for Geek Squad service Google around to stay in touch with possible class action suits resulting from information revealed in this case.

It stinks on ice.

Federal judge rules against FBI hiding cellphone surveillance

A federal judge has ruled that the FBI must release documents it improperly withheld about StingRays, the now-infamous cellphone mass-surveillance devices that police and federal agencies have deployed in secret for decades…

…The federal judge working Daniel Rigmaiden’s FOIA lawsuit has ordered the FBI to release 8 additional StingRay documents, saying the information was “not properly withheld.” The agency had tried to hide the documents, invoking the broadly-written Exemption 7(E), which can exclude records that might reveal “techniques and procedures” used in law enforcement investigations. The court rejected that justification, and the agency will now need to hand over the documents to Rigmaiden within 90 days.

Originally developed for the US Navy, Stingrays (the trade name for a class of device known as “IMSI catchers” or “cell-site simulators”) allow cops to track and intercept thousands of devices at once by impersonating a cellphone tower — without revealing their use to courts and often without a warrant. The FBI has gone to insane lengths to keep Stingrays secret, forcing police departments to sign nondisclosure agreements and even having prosecutors drop criminal cases to avoid revealing that the devices were used…

Several security researchers have developed apps that can detect the presence of cell-site simulators. A court in New York also ruled last year that cops can’t hide information about StingRays. And last September, the Department of Justice announced an “enhanced policy” requiring probable cause warrants whenever the devices are deployed by federal investigators.

Yup. It takes a special order from our Department of “Justice” to require the FBI to live up to constitutional standards. No such guidance, yet, for state and local coppers.

Keep on rocking in the Free World!

Secret deal between FBI and police hides spying from the courts

Innovation = police state
Innovation + Police State = Lots of profits + no oversight

The FBI is taking extraordinary and potentially unconstitutional measures to keep local and state police forces from exposing the use of so-called “Stingray” surveillance technology across the United States, according to documents obtained separately by the Guardian and the American Civil Liberties Union.

Multiple non-disclosure agreements…revealed in Florida, New York and Maryland this week show federal authorities effectively binding local law enforcement from disclosing any information – even to judges – about the cellphone dragnet technology, its collection capabilities or its existence.

In an arrangement that shocked privacy advocates and local defense attorneys, the secret pact also mandates that police notify the FBI to push for the dismissal of cases if technical specifications of the devices are in danger of being revealed in court.

The agreement also contains a clause forcing law enforcement to notify the FBI if freedom of information requests are filed by members of the public or the media for such information, “in order to allow sufficient time for the FBI to seek to prevent disclosure through appropriate channels”.

The strikingly similar NDAs, taken together with documents connecting police to the technology’s manufacturer and federal approval guidelines obtained by the Guardian, suggest a state-by-state chain of secrecy surrounding widespread use of the sophisticated cellphone spying devices known best by the brand of one such device: the Stingray.

“The device has the ability to pull content, so all the sudden your text messages are at risk, your phone calls are at risk, and your data transmission, potentially,” said John Sawicki, a former police officer who consults attorneys on technological evidence, of the Stingray device made by Harris Corporation…

The ACLU has shown that at least 48 agencies across 20 states likely use the devices. Documents obtained by the Guardian show police from states as such as Texas, Florida, Washington, Minnesota, Virginia, Florida, Maryland, Illinois,Arizona, and California utilize the devices.

The Florida agreement – obtained from the Hillsborough County sheriff’s office by the Guardian after a series of Stingray-related Freedom of Information Act requests sent over the past seven months – reads in part:

“The Florida Department of Law Enforcement will, at the request of the FBI, seek dismissal of the case in lieu of providing, or allowing others to use or provide, any information concerning the Harris Corporation wireless collection equipment/technology, its associated software, operating manuals, and any related documentation.”

Law enforcement agencies that sign NDAs similar to the one in Hillsborough County are barred from providing “any information” about the Stingray-style devices in search warrants, pre-trial hearings, testimony, grand jury proceedings, in appeals or even in defense discovery. Per the agreement, police can only release the “evidentiary results” obtained with the device.

RTFA. Just in case you mistakenly thought you lived in a country where constitutional freedoms were honored and the government is working to bring a new level of transparency to law enforcement.

Safe sex in the slammer

“Do you guys want condoms?” Deputy Javier Machado, of the Los Angeles County Sheriff’s Department, asks a dormitory full of prisoners in the Men’s Central Jail. “If you want condoms you need to get in line. If not, I need you on your bunk.”

A worker with the county’s Public Health Department places a box full of brightly colored condoms on a table and begins to hand them out, three at a time. Waiting in line, one prisoner loudly declares that he’s getting the condoms “for someone else,” drawing laughter from the others. The distribution takes only a matter of minutes, but the weekly act is hardly typical.

While Los Angeles has been handing out condoms in the county jail for more than a decade, it remains one of just a handful of jail and prison systems that do so. In September, Calif. Gov. Jerry Brown took a step toward making condoms more widely available, signing a bill that will introduce them at the state’s 34 adult prisons. As in most states, the jails in California are short-term facilities run by county sheriffs, while the prison system, which holds prisoners after they’ve been sentenced, is managed by the state government.

With its new law, California is only the second state, after Vermont, to distribute condoms to inmates in state prisons…

Providing condoms to prisoners is controversial because many state laws prohibit sex between inmates…But some prisons and jails have decided to allow prisoners to have condoms as a way to prevent the spread of infectious diseases.

“It definitely is a balance,” says Capt. Joseph Dempsey at the Men’s Central Jail. “The Sheriff’s Department has taken the position that public health outweighs the concerns about sex in jail.” According to Dempsey, if prisoners are caught having sex, a criminal report will still be filed. But if the sex is consensual, he says, it is “not very likely” the district attorney will prosecute the inmates involved.

If it’s going to happen, you might as well make it be safe.’

I’m not close enough to California to know if good sense will prevail. The Morality Police are certainly active on the Left Coast even if they don’t rule as much as they might, say, in Texas or Mississippi.

But, like Captain Dempsey said, “If it’s going to happen, you might as well make it be safe.”

ComputerCOP: lousy “Internet Safety Software” coppers are giving to families

For years, local law enforcement agencies around the country have told parents that installing ComputerCOP software is the “first step” in protecting their children online…

As official as it looks, ComputerCOP is actually just spyware, generally bought in bulk from a New York company that appears to do nothing but market this software to local government agencies.

The way ComputerCOP works is neither safe nor secure. It isn’t particularly effective either, except for generating positive PR for the law enforcement agencies distributing it. As security software goes, we observed a product with a keystroke-capturing function, also called a “keylogger,” that could place a family’s personal information at extreme risk by transmitting what a user types over the Internet to third-party servers without encryption. That means many versions of ComputerCOP leave children (and their parents, guests, friends, and anyone using the affected computer) exposed to the same predators, identity thieves, and bullies that police claim the software protects against.

Furthermore, by providing a free keylogging program—especially one that operates without even the most basic security safeguards—law enforcement agencies are passing around what amounts to a spying tool that could easily be abused by people who want to snoop on spouses, roommates, or co-workers.

Producers of many versions of this crap software include bald-faced lies about capabilities, safety and legality as FAQs. Often, of course, coppers distributing this crap are disingenuous enough to think they’re providing a real public service.

They ain’t.

This is a long well-researched article about law enforcement being hustled, mostly by outsiders. Misconceptions and incompetence about what is legal and ethical also play a role within policing agencies. RTFA and, perhaps, consider checking out the local heat and updating them – if they’ve been suckered.

Thanks, Mike

Oklahoma Republican politics means you don’t have to obey the president – but, you do have to obey the governor!

Oklahoma Gov. Mary Fallin signed a bill into law Monday that passes a statewide ban on raising the minimum wage and prohibits cities from legislating to establish mandatory employee benefits like vacations or sick leave…Opponents view the law as retaliation against grass roots organizers gathering signatures in the capital to raise the city’s minimum wage from $7.25 to $10.10.

After Fallin signed the bill, her office released a statement claiming that “most minimum-wage workers are young, single people working part-time or entry-level jobs.”

Fallen said, “Mandating an increase in the minimum wage would require businesses to fire many of those part-time workers. It would create a hardship for small business owners, stifle job creation and increase costs for consumers.”

You decide if she’s ignorant or a liar. The average minimum wage earner is a single mom in her 30’s.

A major paper published last year covered by the Washington Post found that economists agree that raising the minimum wage actually reduces poverty.

Reducing poverty is one of those goals that you never hear addressed by Republicans except as some kind of supposed inevitability from their favorite dribble-down economics. Which hasn’t worked anywhere on Earth, yet.

They will get righteous about protecting profits, though.

US banks can accept legal marijuana money – if you believe?

The Obama administration has sought to lessen the fear of prosecution for banks doing business with licensed marijuana companies, further encouraging US states such as Colorado and Washington that are experimenting with legalising the drug.

The Justice and Treasury departments outlined the policy in writing to federal prosecutors and financial institutions nationwide…

The guidance stopped short of promising immunity for banks, but made clear that criminal prosecution for money laundering and other crimes was unlikely if they met a series of conditions…

Currently, processing money from marijuana sales puts federally insured banks at risk of drug racketeering charges, and they therefore refuse to open accounts for marijuana-related businesses, the AP news agency reported.

The guidance was intended to increase the availability of banking services, such as savings and checking accounts, to marijuana shops that typically deal in cash. Forced to deal in cash because of federal policy…

US Attorney General Eric Holder said last month that the administration was planning ways to accommodate marijuana businesses so they would not always be dealing in cash.

“There’s a public safety component to this. Huge amounts of cash, substantial amounts of cash just kind of lying around with no place for it to be appropriately deposited, is something that would worry me just from a law enforcement perspective,” Holder said on January 23…

The American Bankers Association expressed scepticism that the guidance would make much difference…Marijuana sales still violate federal law, so banks are still at risk, said Rob Rowe, a lawyer with the trade group.

“Compliance by a bank will still require extensive resources to monitor any of these businesses, and it’s unlikely the benefits would exceed the costs,”…

I asked my favorite banker about this – and received the same answer given by Rowe. As long as the Feds base their practices on existing law, there’s no one willing to be the test case after being arrested for violating federal banking regulations. Even if the DOJ says go ahead – we won’t bust you.

Why should a bank trust pronouncements from a political body unwilling or unable to change their own regulations?

General who setup Gitmo prison says – “Shut it down!”

2013-12-12T151903Z_1_CBRE9BB16L500_RTROPTP_2_GUANTANAMO-PRISIONERS

The U.S. general who opened the Guantanamo detention camp said Thursday it was a mistake and should be shut down because “it validates every negative perception of the United States.”

“In retrospect, the entire detention and interrogation strategy was wrong,” Marine Major General Michael Lehnert wrote in a column published in the Detroit Free Press.

Lehnert, now retired from the military and living in Michigan, was the first commander of the task force that opened the detention camp in January 2002 at the Guantanamo Bay U.S. Naval Base in Cuba.

He said the United States opened it “because we were legitimately angry and frightened” by the September 11 hijacked plane attacks in 2001 and thought the captives sent there would provide “a treasure trove of information and intelligence.”

He quickly became convinced that most of them never should have been sent there because they had little intelligence value and there was insufficient evidence linking them to war crimes, he wrote.

“We squandered the goodwill of the world after we were attacked by our actions in Guantanamo, both in terms of detention and torture,” Lehnert wrote. “Our decision to keep Guantanamo open has helped our enemies because it validates every negative perception of the United States…”

He added, “It is time to close Guantanamo. Our departure from Afghanistan is a perfect point in history to close the facility.”

But, that’s OK – because any attempt to redress legitimate grievances, to make things right by battlefield prisoners and kidnap victims held in violation of international law – will be met with disdain and denial by our Congress. The one body in US government which stinks worse than the Guantanamo prison camp.

The Nullification Party

…How does one party that has lost two presidential elections and a Supreme Court case – as well as two Senate elections – think it has the right to shut down the entire government and destroy the full faith and credit of the United States Treasury to get its way on universal healthcare now? I see no quid pro quo even. Just pure blackmail, resting on understandable and predictable public concern whenever a major reform is enacted. But what has to be resisted is any idea that this is government or politics as usual. It is an attack on the governance and the constitutional order of the United States.

When ideologies become as calcified, as cocooned and as extremist as those galvanizing the GOP, the American system of government cannot work. But I fear this nullification of the last two elections is a deliberate attempt to ensure that the American system of government as we have known it cannot work. It cannot, must not work, in the mindset of these radicals, because they simply do not accept the legitimacy of a President and Congress of the opposing party. The GOP does not regard the president as merely wrong – but as illegitimate. Not misguided – illegitimate. This is not about ending Obamacare as such (although that is a preliminary scalp); it is about nullifying this presidency, the way the GOP attempted to nullify the last Democratic presidency by impeachment.

Except this time, of course, we cannot deny that race too is an added factor to the fathomless sense of entitlement felt among the GOP far right. You saw it in birtherism; in the Southern GOP’s constant outrageous claims of Obama’s alleged treason and alliance with Islamist enemies; in providing zero votes for a stimulus that was the only thing that prevented a global depression of far worse proportions; in the endless race-baiting from Fox News and the talk radio right. And in this racially-charged atmosphere, providing access to private healthcare insurance to the working poor is obviously the point of no return…

I regard this development as one of the more insidious and anti-constitutional acts of racist vandalism against the American republic in my adult lifetime. Those who keep talking as if there are two sides to this, when there are not, are as much a part of the vandalism as Ted Cruz. Obama has played punctiliously by the constitutional rules – two elections, one court case – while the GOP has decided that the rules are for dummies and suckers, and throws over the board game as soon as it looks as if it is going to lose by the rules as they have always applied.

…If we cave to their madness, we may unravel our system of government, something one might have thought conservatives would have opposed. Except these people are not conservatives. They’re vandals.

This time, the elephant must go down. And if possible, it must be so wounded it does not get up for a long time to come.

I agree. Too much work getting in winter’s firewood to spend on elaboration of my own. But, Andrew Sullivan says it well enough for now.

The silliness of TV Talking Heads blathering about middle ground and negotiations are as ignorant as ever. When half the proposed negotiations is illegal and refutation of our constitutional rights to democracy – the topic is moot. Ended. As over as Romney’s career as a national politician.