Hiển thị các bài đăng có nhãn Surveillance. Hiển thị tất cả bài đăng
Hiển thị các bài đăng có nhãn Surveillance. Hiển thị tất cả bài đăng

Thứ Năm, 28 tháng 3, 2013

SURVEILLANCE NATION?Traffic Cam Footage Could Be Used in Criminal Cases

When 21-year old Nicole Westbrook was gunned down in Seattle last year in a drive-by homicide, an apartment building security camera captured a grainy image of the side of the suspect's car.

Police wanted to look at clearer video from a nearby red-light camera to try and see the license plate. But state law bars them from accessing the video, and the murder remains unsolved.

Police and prosecutors, though, are now backing a Washington state bill that would allow law enforcement to use footage from not only red-light cameras, but also cameras that catch speeders and others. The bill passed the state House last week, and is now in committee in the Senate. 

"It could mean the difference of not only solving the case, but also making sure we're getting some of the most dangerous criminals off our streets," said Seattle Police Department Deputy Chief Nick Metz.

Before accessing the video in criminal cases, police would have to have a signed search warrant.

Still, some are concerned the move to let law enforcement view this footage could be a slippery slope. The American Civil Liberties Union calls it mission creep.

"When red-light cameras were first put up, it was with a very clear understanding to the public that this would be for traffic enforcement," said Doug Honig, of the ACLU in Seattle. "There's a lot of concern that we not start building the infrastructure of a surveillance society."

Twenty-five states have red-light cameras. Many, including Washington state, specified in the law that the cameras be for traffic enforcement only.

In some other states, the cameras have been used to bust criminals. A cattle rustler was caught on tape driving through a red light with stolen steers in Florida. A picture of a car thief was snapped as he drove through an intersection in Colorado. And a fatal hit-and-run was captured on tape in Arizona, leading to the arrest of the driver. Prosecutors say the right to privacy is not being violated.

"Once you walk out your door and walk down that sidewalk, you lose the expectation of privacy," said King County Washington Prosecuting Attorney Dan Satterberg. "By definition, things you do in public are not private."

But Washingtonians have always been wary of big brother. Recently, there was an outcry over waterfront surveillance cameras, and the mayor just nixed the use of two drones given to the city by the federal government.

"I don't want to be under surveillance," said Sam Bellomio, of Stand Up America in Seattle. "Where does it end?"


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Chủ Nhật, 17 tháng 3, 2013

UNCONSTITUTIONAL:Federal Judge Strikes Down FBI Surveillance Law

  • fbiwarantless12z.jpg

    Feb. 10, 2009: The main headquarters of the FBI, the J. Edgar Hoover Building, in Washington, DC.AP

A federal judge has struck down a set of laws allowing the FBI to issue so-called national security letters to banks, phone companies and other businesses demanding customer information.

U.S. District Judge Susan Illston said the laws violate the First Amendment and the separation of powers principles and ordered the government to stop issuing the secretive letters or enforcing their gag orders, The Wall Street Journal reported.

The FBI almost always bars recipients of the letters from disclosing to anyone — including customers — that they have even received the demands, Illston said in the ruling released Friday.

The government has failed to show that the letters and the blanket non-disclosure policy "serve the compelling need of national security," and the gag order creates "too large a danger that speech is being unnecessarily restricted," the San Francisco-based Illston wrote.

A Department of Justice spokesman told the Journal the department was "reviewing the order."

FBI counter-terrorism agents began issuing the letters, which don't require a judge's approval, after Congress passed the USA Patriot Act in the wake of the Sept. 11, 2001, attacks.

The case arises from a lawsuit that lawyers with the Electronic Frontier Foundation filed in 2011 on behalf of an unnamed telecommunications company that received an FBI demand for customer information.

"We are very pleased that the court recognized the fatal constitutional shortcomings of the NSL statute," EFF lawyer Matt Zimmerman said. "The government's gags have truncated the public debate on these controversial surveillance tools. Our client looks forward to the day when it can publicly discuss its experience."

Illston wrote that she was also troubled by the limited powers judges have to lift the gag orders.

Judges can eliminate the gag order only if they have "no reason to believe that disclosure may endanger the national security of the United States, interfere with a criminal counter-terrorism, or counterintelligence investigation, interfere with diplomatic relations, or endanger the life or physical safety of any person."

That provision also violated the Constitution because it blocks meaningful judicial review.

Illston ordered the FBI to cease issuing the letters, but put her order on hold for 90 days so the U.S. Department of Justice can appeal to the 9th U.S. Circuit Court of Appeals.

Illston isn't the first federal judge to find the letters troubling. The 2nd U.S. Circuit Court of Appeals in New York also found the gag order unconstitutional, but allowed the FBI to continue issuing them if it made changes to its system such as notifying recipients they can ask federal judges to review the letters.

Illston ruled Friday that it's up to Congress, and not the courts, to tinker with the letters.

In 2007, the Justice Department's inspector general found widespread violations in the FBI's use of the letters, including demands without proper authorization and information obtained in non-emergency circumstances. The FBI has tightened oversight of the system.

The FBI made 16,511 national security letter requests for information regarding 7,201 people in 2011, the latest data available. The FBI uses the letters to collect unlimited kinds of sensitive, private information like financial and phone records.

The Associated Press contributed to this report.

Click here for more from The Wall Street Journal.


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Thứ Ba, 26 tháng 2, 2013

BIG BROTHER?US Linked to Censorship, Surveillance on Internet

Even the most open, democratic governments have sought laws and new forms of surveillance that many see as a new wave of censorship -- and that includes the United States.

The U.S. government asked Google for data on its users more than 31,000 times in 2012 alone, for example. And the government rarely obtained a search warrant first, Google recently revealed; in nearly all cases, the company ended up turning over at least some data.

Some argue that heightened surveillance, restrictions on Internet freedom and even censorship are necessary to protect intellectual property rights, prevent cyberespionage, fight child pornography, and protect national interests such as nuclear power plants from hackers. And here the U.S. is far from alone.

"A number of democratic states have considered or implemented various restrictions in response to the potential legal, economic, and security challenges raised by new media," notes the Freedom House report "Freedom on the Net 2012."

Anxiety over online theft and cyberattacks is not unwarranted. Virtually every major U.S. company and media outlet has been a victim. Google was attacked back in 2009. Facebook, Apple and Microsoft revealed this month that hackers had breeched their defenses. And The New York Times and Wall Street Journal have fought off Chinese hackers for months. Indeed, dozens of countries have their own online hacking groups -- so-called cyber or asymmetrical warfare divisions.

'A number of democratic states have considered or implemented various restrictions.'

- Freedom House report Freedom on the Net 2012

"It's been going on in China since at least at least May 2002," said Alan Paller, founder of the SANS Institute, an information security and training firm.

Consequently, lawmakers -- even President Obama in his State of the Union speech -- have been motivated to take steps to stem the hacking tide. However, the road to better security could also stifle free speech.

When the International Telecommunication Union (ITU) met in Dubai in December, some 89 member countries including Russia, China, Cuba, and Iran, supported a treaty that would give individual governments more control over the Internet's infrastructure. 

Sensing a thinly veiled attempt to suppress dissent, 55 countries -- including Canada and the U.S. -- said no.

While the agreement has failed (for the time being), individual governments -- including Canada and the U.S. -- continue to introduce their own legislation to control what's online.

North of the border, for example, the Canadian government proposed Bill C-30, known as the Protecting Children from Internet Predators Act. Proponents claimed the measure was designed to combat the exploitation of children, but it required Internet service providers to create monitoring systems that would allow the police to intercept and track all online communications -- without a warrant. The public reaction was so fiercely opposed to Bill C-30 that Canadian authorities were forced to withdraw it this month.

On this side of the border, the U.S. government continues to conduct warrantless online searches. Thanks to outdated laws such as the Electronic Communications Privacy Act of 1986 and other regulations protecting copyrighted materials, U.S. authorities are increasingly looking at private online communications, often without any oversight by a judge.

Google says it has seen a 70 percent increase in requests from authorities for information about its users, information which includes private e-mails and search data. The biggest requester? The U.S. government, which sought information 8,438 times in the last six months of 2012. Google complied with those requests in roughly 88 percent of the cases.

While Google states it is against such broad government access to personal information -- dealing with such requests costs Google time and money -- where it stands on strict Internet freedoms is mutable.

Shortly before his State of the Union speech, President Obama signed an executive order designed to let federal government agencies share critical cyberthreat information with private companies to protect companies involved in supporting the nation's critical infrastructure.

“We know hackers steal people’s identities and infiltrate private e-mail," the President said in his speech. "We cannot look back years from now and wonder why we did nothing in the face of real threats to our security and our economy."

Even though the data shared by the government could include personal information, in this case companies have been in favor of the executive order. The reason: private firms don't have to in turn share data their data about their users with the government.

However, that may be about to change. As the President implied, Congress is working on reintroducing the Cyber Intelligence Sharing and Protection Act (CISPA). It would enable companies to divulge private information to government authorities if the companies perceived some form of "cyber threats." Any personal information -- Facebook jokes, Twitter tussles, errant Web searches -- could be handed over to a variety of government agencies if that information has anything to do with the potential vulnerability of a computer network.

"CISPA offers broad immunities to companies who choose to share data with government agencies," the Electronic Frontier Foundation's Mark M. Jaycox explained in a blog post. "It also creates avenues for companies to share data with any federal agencies, including military intelligence agencies like the National Security Agency."

While congress has yet to hammer out new, possibly more precise, language for a reintroduced CISPA bill, the powers it grants to both private companies and government authorities could end up making them partners in nationwide surveillance -- the same complaint often levied against countries like China.

Follow John R. Quain on Twitter @jqontech or find more tech coverage at J-Q.com.


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