On December 13, 2013, the US district court for the District of Columbia ruled that the NSA's bulk collection of American citizens' telephone records was "likely" to violate the Fourth Amendment (previously on MeFi). Today, DC's federal court of appeals overturned that ruling. The rationale is that the plaintiffs did not prove "that they were affected by the metadata-gathering program," so they did not have standing to challenge it in court. [more inside]
NSA Tried To Delete Court Transcript In Lawsuit Over Deleting Evidence On three separate occasions in the Jewel V. NSA case, the NSA sought to delete evidence. Then it sought to redact the transcript.
During their Freedom Hosting investigation and malware attack last year, the FBI unintentionally obtained the entire e-mail database of popular anonymous webmail service Tor Mail. And now, they've used it in an unrelated investigation to bust a Florida man accused of stealing credit card numbers. [more inside]
New documents released by Glenn Greenwald from trove leaked by Edward Snowden show that the agency officially viewed arguments about 'due process' to be an 'adversary propaganda theme', listed alongside military threats to drones. [more inside]
Last post at groklaw ~pj a.k.a. Pamela Jones, the writer behind the law analysis site groklaw, has decided to shut down in the wake of the closure of Lavabit confidential email service. [more inside]
The Secret History of Privacy. "Something creepy happened when mystery became secular, secrecy became a technology, and privacy became a right..." [Via]
NSA E-Mail Surveillance Renews Concerns in Congress. "Since April, when it was disclosed that the intercepts of some private communications of Americans went beyond legal limits in late 2008 and early 2009, several Congressional committees have been investigating. Those inquiries have led to concerns in Congress about the agency’s ability to collect and read domestic e-mail messages of Americans on a widespread basis, officials said. Supporting that conclusion is the account of a former N.S.A. analyst who, in a series of interviews, described being trained in 2005 for a program in which the agency routinely examined large volumes of Americans’ e-mail messages without court warrants. Two intelligence officials confirmed that the program was still in operation." [Via]
The Fed Who Blew the Whistle: Is he a hero or a criminal? Three years after the New York Times first revealed the NSA's warrantless wiretapping program, whistleblower Thomas Tamm has acknowledged his role in making it public. [Via]
"The Billboard Liberation Front today announced a major new advertising improvement campaign executed on behalf of clients AT&T and the National Security Agency. Focusing on billboards in the San Francisco area, this improvement action is designed to promote and celebrate the innovative collaboration of these two global communications giants." [Via Threat Level.]
9/11 changed everything? And the NSA is only looking at overseas and terrorist-related phone and internet records?
to gather information about Americans' phone records --... the NSA had approached the company (Qwest) about participating in a warrantless surveillance program to gather information about Americans' phone records. ...Nacchio's account, which places the NSA proposal at a meeting on Feb. 27, 2001, suggests that the Bush administration was seeking to enlist telecommunications firms in programs without court oversight before the terrorist attacks on New York and the Pentagon. The Sept. 11 attacks have been cited by the government as the main impetus for its warrantless surveillance efforts. ... -- The Administration's crimes and illegal spying on all of us and Quest's punishment for not going along with their plans.
What's the Big Secret? Four surveillance experts try to figure out what the NSA's superclassified wiretapping program really is (hint: it may have something to do with the filters). They don't seem to realize that this kind of reckless public discussion means some Americans are going to die. [Via Threat Level.]
Bush Gets a Spying Blank Check. The passage of the new FISA bill was a hurried response to the revelation that the FISA court recently decided that at least part of the NSA wiretapping program is illegal. It looks to be another step in our gradual transition into a National Surveillance State.
Top Secret: We're Wiretapping You It could be a scene from Kafka or Brazil. Imagine a government agency, in a bureaucratic foul-up, accidentally gives you a copy of a document marked "top secret." And it contains a log of some of your private phone calls. You read it and ponder it and wonder what it all means. Then, two months later, the FBI shows up at your door, demands the document back and orders you to forget you ever saw it.
You had to live -- did live, from the habit that became instinct and the assumption that every sound you made was overheard.
For Your Eyes Only? Allegations that the government is reading your e-mails, with the help of AT&T. The latest episode of NOW did a good piece on the NSA's domestic surveillance program (previously discussed here.) It can be viewed on their website. Meanwhile, Canadian human rights attorney Maureen Webb has written a new book on the scope of government surveillance, and found that the use of sophisticated methods to search for terrorists is not identifying the right suspects.
"If this program is unlawful, federal law expressly makes the ordering of surveillance under the program a federal felony. That would mean that the president could be guilty of no fewer than 30 felonies in office." George Washington University Law Professor Jonathan Turley on what's missing in the latest debate over the NSA program. [Bugmenot, Via Glenn Greenwald.]
Judge Refuses to Dismiss NSA Spy Program Lawsuit. Judge Walker has denied the motion by the government to dismiss the EFF's suit based on the state secrets doctrine. Read the order [pdf] and more coverage and analysis at SCOTUSblog.
"Don't worry Mr. President, we have Kansas surrounded." Warrantless searches: they're not just for wiretaps anymore. U.S. News and World Report probes the Bush administration's covert drive to conduct physical searches of American homes without court approval.
Newsfilter: Secret arrests, secret renditions, secret interrogations in secret jails, and now, secret rulings from US federal judges. More fallout from the Bush administration's NSA domestic-spying program [recently discussed here].