Louie, Louie…the Investigation

In 1963, a rock group named the Kingsmen recorded the song “Louie, Louie.” The popularity of the song and difficulty in discerning the lyrics led some people to suspect the song was obscene. The FBI was asked to investigate whether or not those involved with the song violated laws against the interstate transportation of obscene material. The limited investigation lasted from February to May 1964 and discovered no evidence of obscenity.

Your tax dollar$ at work. Sort of.

FBI/NSA say they were surprised by the mob attack. That’s a lie.

The Capitol mob began organizing weeks ago for the violence that occurred on January 6, planning inside conspiracy theory and far-right online communities on platforms like Parler and Gab. Groups that typically live in the darker corners of the internet stepped into the spotlight when they took the Capitol and broadcast the breach around the web.

The disarray and violence in Washington on January 6 drew a big audience, too. More than 23 million people watched the event on cable news stations — it was the most-watched day in CNN’s 40-year history, averaging 5.22 million viewers — and millions more followed along online via livestreams. There were more than 4.6 million mentions of unrest at the Capitol between 12 am and 6:30 pm ET that day, according to Zignal Labs, a firm that tracks online misinformation. The number of mentions first spiked after Trump spoke at the “Save America” rally in front of the White House and then surged after the mob breached the Capitol…

While the tumult was stunning, it was not surprising. The groups that stormed Capitol Hill this week have long been active on platforms like Gab and 4chan, and more recently, they’ve adopted newer tools like the lightly moderated social media site Parler and the anonymous messaging service Telegram to organize. Some have continued to use mainstream platforms like Twitter, Facebook, and YouTube…

Although there may have been the occasional detail restricted to encrypted email or messaging, everything that used to be discussed at private or public meetings…now lives on the Web. So, even if the FBI/NSA now uses AI searches of the Web to snoop on everyone in this benighted land, whatever is turned up still has to pass verification by the snitches and plants inside all of these groups.

The FBI/NSA may have been modernized since the days when they mostly relied on actual FBI agents to report on the innards of discussion…from every political group ranging from civil rights activism to teachers unions, from the rare nutball anarchist commune to the largest issue-driven activist organizations in the country…they still rely on firsthand snooping. AI and human. A spike mike in the wall of a union hall or a bug at your ISP. You don’t need to be paranoid to presume Uncle Sugar is listening in.

None of this has anything to do with ethics, constitutionality or political niceties. It’s what they do. Scumbag thoroughness, at most, is only governed by budget line items.

This app will invade anyone’s privacy and the FBI loves it

Clearview AI, a small startup that was mostly unknown until a story from The New York Times called it the app to “end privacy as we know it,” lets strangers figure out your identity through the quick snap of a single photo.

Hundreds of law enforcement agencies, including the FBI, are already using this facial recognition technology, despite bans on the tech in cities like San Francisco.

The app uses over three billion images to find a match. These photos were sourced from social media sites and even apps like Venmo…

These fears and disavowals of facial recognition tech come just months after two senators introduced a bipartisan bill to limit how the FBI and the U.S. Immigration and Customs Enforcement agency could use it.

“Facial recognition technology can be a powerful tool for law enforcement officials,” Mike Lee, a Republican from Utah, said in a statement at the time. “But its very power also makes it ripe for abuse.”

Poisonally – and not too seriously – I have to think it might be useful for average Americans to experience what every insurgent activist has experienced for decades in the United States. Every decent-sized police department has a Red Squad that includes photo-recording every insurgent activist on their patch. At a minimum.

First time I recall being aware of some flavor of gumshoe snapping my photo was at a civil rights demonstration in New England prepping for the March on Washington the following year – in 1963. I don’t doubt that this went on earlier in my life as I woke up to folks rallying together against injustice. The swarm of tech and snoops has never diminished since. If you believe it has, I have a Bridge in Brooklyn I’d like to sell you.

Snooze, you lose!

❝ Last March, Tony Schmidt discovered something unsettling about the machine that helps him breathe at night. Without his knowledge, it was spying on him…

Schmidt, 59, has sleep apnea, a disorder that causes worrisome breaks in his breathing at night. Like millions of people, he relies on a continuous positive airway pressure, or CPAP, machine that streams warm air into his nose while he sleeps, keeping his airway open. Without it, Schmidt would wake up hundreds of times a night; then, during the day, he’d nod off at work, sometimes while driving and even as he sat on the toilet…

❝ As many CPAP users discover, the life-altering device comes with caveats: Health insurance companies are often tracking whether patients use them. If they aren’t, the insurers might not cover the machines or the supplies that go with them…

❝ The American Sleep Apnea Association estimates about 22 million Americans have sleep apnea, although it’s often not diagnosed. The number of people seeking treatment has grown along with awareness of the disorder. It’s a potentially serious disorder that left untreated can lead to risks for heart disease, diabetes, cancer and cognitive disorders. CPAP is one of the only treatments that works for many patients.

I consider myself a Poster Child for CPAP. After a decade-and-a-half, my health response has been positive enough that my doc leaves me in control of my own machine settings. Current machine is ResMed; but, removable memory card ONLY. I think I’ll be eligible via Medicare for a break on a new machine in 2020 and I’ll be certain to check specs for snooping!

Microsoft wins milestone appeal over US wanting to snoop offshore email

A federal appeals court…said the U.S. government cannot force Microsoft Corp and other companies to turn over customer emails stored on servers outside the United States.

The 3-0 decision by the 2nd U.S. Circuit Court of Appeals in Manhattan is a defeat for the U.S. Department of Justice and a victory for privacy advocates and for technology companies offering cloud computing and other services around the world.

Circuit Judge Susan Carney said communications held by U.S. service providers on servers outside the United States are beyond the reach of domestic search warrants issued under the Stored Communications Act, a 1986 federal law.

“Congress did not intend the SCA’s warrant provisions to apply extraterritorially,” she wrote. “The focus of those provisions is protection of a user’s privacy interests.”

The case has attracted strong interest from the technology and media sectors, amid concern that giving prosecutors expansive power to collect data outside the country could make it harder for U.S. companies to compete there.

Dozens of companies, organizations and individuals filed briefs supporting Microsoft’s appeal, including the U.S. Chamber of Commerce, Amazon.com, Apple, Cisco Systems, CNN, Fox News Network, Gannett and Verizon…

Judge Carney said limiting the reach of warrants serves “the interest of comity” that normally governs cross-border criminal investigations.

She said that comity is also reflected in treaties between the United States and all European Union countries, including Ireland, to assist each other in such probes.

It’s like the stupidity that passes for legal reason over most “religious freedoms”. You decide what you want for an outcome and then search till you can find articles or junk research to suit your convictions. Regardless of logic or science. This is what political lawyers do in so many cases involving privacy and free speech.

Constitutional protections be damned. If they can find some out-of-date regulation that can be torturously interpreted to validate the result they want – Bingo, make it so!

Daniel Radcliffe and Edward Snowden in an off-Broadway play about “Privacy”

NSA whistleblower Edward Snowden and actor Daniel Radcliffe will appear together in a play starting on Saturday in New York City.

The show, Privacy, premiered in London in 2014 and has been refashioned for the American theatre. It was inspired by Snowden’s revelations that the US government was conducting mass surveillance on its citizens.

Radcliffe and Snowden…rehearsed…though Radcliffe was in a Manhattan auditorium speaking to Snowden on video from Moscow, where he has lived since June 2013.

Snowden’s appearance in the play at the Public Theater will be confined to a screen as the US government has a warrant out for his arrest, because he leaked confidential NSA documents to journalists, including those at the Guardian.

Snowden and Radcliffe will appear together for about one minute, according to the Times, and only one of the men will be speaking live – the one actually on stage. The dialogue comes at a climactic moment and centers on statements Snowden has made about privacy.

Gotta piss off Uncle Sugar. Many of the creeps in and outside government officialdom who leaped to condemn Snowden are stuffed from eating their words. Even Obama has to admit much of this generation’s fight against government surveillance of American citizens flows from the critical revelations of Edward Snowden.

Not that our elected and appointed overlords have reduced or limited their commitment to snooping on us all. They’ve just been forced into more judicious choices of words describing their paranoia.

#BlackLivesMatter? — unless you’re Homeland Security


Click to enlargePeter Marshall

The Department of Homeland Security has been monitoring the Black Lives Matter movement since anti-police protests erupted in Ferguson, Missouri last summer, according to hundreds of documents obtained by The Intercept through a Freedom of Information Act request.

The documents, released by the Department of Homeland Security’s Office of Operations Coordination, indicate that the department frequently collects information, including location data, on Black Lives Matter activities from public social media accounts, including on Facebook, Twitter, and Vine, even for events expected to be peaceful. The reports confirm social media surveillance of the protest movement and ostensibly related events in the cities of Ferguson, Baltimore, Washington, DC, and New York.

They also show the department watching over gatherings that seem benign and even mundane. For example, DHS circulated information on a nationwide series of silent vigils and a DHS-funded agency planned to monitor a funk music parade and a walk to end breast cancer in the nation’s capital.

The tracking of domestic protest groups and peaceful gatherings raises questions over whether DHS is chilling the exercise of First Amendment rights, and over whether the department, created in large part to combat terrorism, has allowed its mission to creep beyond the bounds of useful security activities as its annual budget has grown beyond $60 billion.

Our government thinks anyone who stands up for equal rights is a potential terrorist.

The surveillance cataloged in the DHS documents goes back to August of last year, when protests and riots broke out in Ferguson the day after the shooting of unarmed black teenager Michael Brown. According to two August 11th, 2014 reports, a DHS FEMA “WatchOps officer” used information from Twitter and Vine to monitor the riots and reproduced a map, originally created by a Reddit user, of conflict zones…

An April 2015 FEMA memo also shows that the DHS appears to have gathered information on anti-police-brutality protests in Philadelphia “organized by members of the Philly Coalition for Real Justice” and in New York on May Day at “Foley Square, start time 1700… Independent factions are being solicited to join in on a full day of demonstration through various open source social media sites, fliers, posters.”…

Baher Azmy, a legal director at the Center for Constitutional Rights, however, argues that this “providing situational awareness” is just another word for surveillance and that creating this body of knowledge about perfectly legal events is a problem in and of itself. “What they call situational awareness is Orwellian speak for watching and intimidation,” said Azmy. “Over time there’s a serious harm to the associational rights of the protesters and it’s an effective way to chill protest movements. The average person would be less likely to go to a Black Lives Matter protest if the government is monitoring social media, Facebook, and their movements.”

Although DHS spokesman S.Y.Lee says…that the department “does not provide resources to monitor any specific planned or spontaneous protest, rally or public gathering,” some of the documents show that the DHS has produced minute-by-minute reports on protesters’ movements in demonstrations…

The documents also elaborate on DHS’s response to riots and militant protests in Baltimore following the death of Freddie Gray, a 25-year-old African American man who in April died from injuries sustained while in police custody…the DHS’ Federal Protective Service placed more than 400 officers on duty in Baltimore after Gray’s death…

Raven Rakia, a journalist who investigates state surveillance and policing, said that the DHS’ decision to monitor Black Lives Matter is hardly surprising, given the federal government’s well documented history of spying on and suppressing black social movements and groups like the Black Panthers. “There’s a long history of the federal agencies, especially the FBI, seeing black resistance organizations as a threat to national security,” says Rakia…

Same as it ever was. A government that isn’t serious about equal rights for all Americans, a Congress afraid of attempts to guarantee voting rights, civil rights, expected in a democratic nation – sets the stage for activists to be an automatic target for suppression.