Tag: surveillance

Cross posted from The Stars Hollow Gazette

You know you’ve screwed up when an agent from one of the most secretive and notorious spy agencies tells you so. A former lieutenant colonel in the now defunct East German secret police, the Stasi, Wolfgang Schmidt was “appalled” saying that ” gathering such a broad, seemingly untargeted, amount of information is obvious”

“It is the height of naivete to think that once collected this information won’t be used,” he said. “This is the nature of secret government organizations. The only way to protect the people’s privacy is not to allow the government to collect their information in the first place.”

Now the Ecuadoran government has broken its trade pact with the United States to prevent it from being used as “blackmail” over the request for asylum from Edward Snowden.

The waiving of preferential trade rights followed threats from members of the US congress to drop the ATPA in July, when it is due for renewal, unless Ecuador toed the line on Snowden.

“Ecuador does not accept pressure or threats from anyone, nor does it trade with principles or submit them to mercantile interests, however important those may be,” said Fernando Alvarado, the communications secretary.

“Ecuador gives up, unilaterally and irrevocably, the said customs benefits.”

Meanwhile the US Army has blocked access to parts of The Guardian website to preserve ‘network hygiene’

A spokesman said the military was filtering out reports and content relating to government surveillance programs to preserve “network hygiene” and prevent any classified material appearing on unclassified parts of its computer systems.[..]

The Pentagon insisted the Department of Defense was not seeking to block the whole website, merely taking steps to restrict access to certain content.

But a spokesman for the Army’s Network Enterprise Technology Command (Netcom) in Arizona confirmed that this was a widespread policy, likely to be affecting hundreds of defence facilities.

Besides being an illogical in its defense of leaked information that is now public knowledge, the dogs forbid, these young GI’s should know what it is they’re defending.

At least the Senate isn’t slacking on asking for an explanation. In bipartisan letter, 26 Senators are seeking answers from intelligence chief James Clapper over scale of and justification for NSA surveillance

The senators accuse officials of making misleading statements and demand that the director of national intelligence James Clapper answer a series of specific questions on the scale of domestic surveillance as well as the legal justification for it.

In their strongly-worded letter to Clapper, the senators said they believed the government may be misinterpreting existing legislation to justify the sweeping collection of telephone and internet data revealed by the Guardian. [..]

They ask Clapper to publicly provide information about the duration and scope of the program and provide examples of its effectiveness in providing unique intelligence, if such examples exist.

The senators also expressed their concern that the program itself has a significant impact on the privacy of law-abiding Americans and that the Patriot Act could be used for the bulk collection of records beyond phone metadata. [..]

In addition to raising concerns about the law’s scope, the senators noted that keeping the official interpretation of the law secret and the instances of misleading public statements from executive branch officials prevented the American people from having an informed public debate about national security and domestic surveillance.

At the National Rifle Association heads will be exploding. As Marcy Wheeler noted at emptywheel, one of the questions the Senators asked is a “loaded gun”:

It can be used to collect information on credit card purchases, pharmacy records, library records, firearm sales records, financial information, and a range of other sensitive subjects. And the bulk collection authority could potentially be used to supersede bans on maintaining gun owner databases, or laws protecting the privacy of medical records, financial records, and records of book and movie purchases. [Marcy’s emphasis]

At Hullabaloo, David Atkins points out a few problems with the arguments defending the government. He makes two very valid points that should be embarrassing for certain defenders of President Obama and the NSA spying:

In all the manufactured outrage against Snowden for leaking and Greenwald for doing his job as a journalist, there have been two main strains of thought. The first is that whatever the government does in the name of “national security” should be accepted without question, that if one is sworn to secrecy one should never reveal secrets under any circumstance, and that journalistic freedom of speech itself should be called into question if it interferes in any way with whatever government officials say they’re doing in the name of “national security.”

That is a fascist argument that has no place in civil American society, and that should embarrass anyone who uses it.

The second argument is about equal application of rule of law, and it carries a little more moral weight. That argument centers around balance of powers and the notion that it should not be up to random individuals to determine what secrets should remain secrets based on their own moral compass. It’s based around notions of universal rule of law, and is not a fascist one but an institutionalist one. It’s the argument that animates much of the anti-Snowden left.

But for anyone to argue that point with credibility, one must also oppose the rampant leaks coming from inside the government apparatus as well.[..]

If someone denounces Snowden and Greenwald but claims to be to the left of Peter King, they must also denounce the government’s selective leaks and demand prosecution of those involved, or lose all credibility and claims to intellectual consistency. To selectively defend or extol lawbreaking behavior depending on who is in office and what issue is being defended, is the worst sort of political hackery and hypocrisy.

All In host Chris Hayes points to the unequal and uneven response to leaked information that advances the Pentagon’s agenda and leaked information that doesn’t.

On that note this:

The Criminal NSA

by Jennifer Stisa Granick and Christopher Jon Sprigman, The New York Times

THE twin revelations that telecom carriers have been secretly giving the National Security Agency information about Americans’ phone calls, and that the N.S.A. has been capturing e-mail and other private communications from Internet companies as part of a secret program called Prism, have not enraged most Americans. Lulled, perhaps, by the Obama administration’s claims that these “modest encroachments on privacy” were approved by Congress and by federal judges, public opinion quickly migrated from shock to “meh.”

It didn’t help that Congressional watchdogs – with a few exceptions, like Senator Rand Paul, Republican of Kentucky – have accepted the White House’s claims of legality. The leaders of the Senate Intelligence Committee, Dianne Feinstein, Democrat of California, and Saxby Chambliss, Republican of Georgia, have called the surveillance legal. So have liberal-leaning commentators like Hendrik Hertzberg and David Ignatius.

This view is wrong – and not only, or even mainly, because of the privacy issues raised by the American Civil Liberties Union and other critics. The two programs violate both the letter and the spirit of federal law. No statute explicitly authorizes mass surveillance. Through a series of legal contortions, the Obama administration has argued that Congress, since 9/11, intended to implicitly authorize mass surveillance. But this strategy mostly consists of wordplay, fear-mongering and a highly selective reading of the law. Americans deserve better from the White House – and from President Obama, who has seemingly forgotten the constitutional law he once taught.

America’s Animal Farm: Snowden and the Squealer

by Jonathan Turley, law professor Georgetown University

For many, the recent disclosure of massive warrantless surveillance programs of all citizens by the Obama administration has brought back memories of George Orwell’s 1984. Such comparisons are understandable not only with the anniversary of the book occurring the very week of the disclosures but the Administration’s “doublethink” interpretations of common terms like “transparency” and “privacy.” According to President Obama, the secret surveillance program is not only entirely “transparent” but something of a triumph of privacy.

Yet, another Orwell book seems more apt as the White House and its allies try to contain the scandal: Animal Farm.

Orwell wrote the fanciful account of a farm society of animals at the end of World War II during a period of authoritarian power and government propaganda. The farm government proclaimed equality of all animals but, as the pig Squealer explained, “all animals are equal, but some animals are more equal than others.” As our leaders joined together on television to bloviate about the need to capture and try the “traitor” Snowden, they were affirming a system of laws that seems to apply to the governed exclusively.

Cross posted from The Stars Hollow Gazette

The revelation of a federal program to “Keep America Safe” got little notice amidst the hullabaloo over the hunt for Edward Snowden. McClatchy News reported on The pervasive program created under the Obama administration to stop leaks and “security threats,” requiring “federal employees to keep closer tabs on their co-workers and exhorts managers to punish those who fail to report their suspicions.”

President Barack Obama’s unprecedented initiative, known as the Insider Threat Program, is sweeping in its reach. It has received scant public attention even though it extends beyond the U.S. national security bureaucracies to most federal departments and agencies nationwide, including the Peace Corps, the Social Security Administration and the Education and Agriculture departments. It emphasizes leaks of classified material, but catchall definitions of “insider threat” give agencies latitude to pursue and penalize a range of other conduct.

Government documents reviewed by McClatchy illustrate how some agencies are using that latitude to pursue unauthorized disclosures of any information, not just classified material. They also show how millions of federal employees and contractors must watch for “high-risk persons or behaviors” among co-workers and could face penalties, including criminal charges, for failing to report them. Leaks to the media are equated with espionage. [..]

As part of the initiative, Obama ordered greater protection for whistleblowers who use the proper internal channels to report official waste, fraud and abuse, but that’s hardly comforting to some national security experts and current and former U.S. officials. They worry that the Insider Threat Program won’t just discourage whistleblowing but will have other grave consequences for the public’s right to know and national security.

The program could make it easier for the government to stifle the flow of unclassified and potentially vital information to the public, while creating toxic work environments poisoned by unfounded suspicions and spurious investigations of loyal Americans, according to these current and former officials and experts. Some non-intelligence agencies already are urging employees to watch their co-workers for “indicators” that include stress, divorce and financial problems.

in an unusual Sunday article at Esquire’s Politics Blog, Charles Pierce’s reacted to this program with these remarks:

(T)he Obama administration is the most fertile environment for paranoids since the Nixon people first cut a check to Egil Krogh. [..]

You want “Nixonian”? This, right here, this is Nixonian, if Nixon had grown up in East Germany. You’ve got the entire federal bureaucracy looking for signs of “high-risk persons or behaviors” the way Nixon sent Fred Malek out to count the Jews. You’ve got created within the entire federal bureaucracy a culture of spies and informers, which will inevitably breed fear and deceit and countless acts of interoffice treachery. (Don’t like your boss at the Bureau Of Land Management? Hmm, he looks like a high-risk person. Tell someone.) And this is the clincher.

   Hammer this fact home . . . leaking is tantamount to aiding the enemies of the United States,” says a June 1, 2012, Defense Department strategy for the program that was obtained by McClatchy.

And, out in Yorba Linda, there is a dark stirring deep in the earth, and a faint chuckling is heard in the midnight breeze. [..]

No, Mr. Current President, this is not business as usual. This is not even the NSA sifting through e-mails and phone calls. This is giving Big Brother a desk in every federal agency and telling him to go to work.

For nearly two years, the White House has waged a program called “Insider Threat” that forces government employees to remain on the constant lookout for their colleagues’ behavior and to report their suspicions. It targets government officials who leak any information, not just classified material. All of this leads McClatchy to warn: “The [Insider Threat] program could make it easier for the government to stifle the flow of unclassified and potentially vital information to the public, while creating toxic work environments poisoned by unfounded suspicions and spurious investigations.” We’re joined by the reporter who helped break the story, Jonathan Landay, senior national security and intelligence reporter for McClatchy Newspapers. Landay also discusses his reporting that revealed how drone strikes carried out in Pakistan over a four-year period ran contrary to standards set forth publicly by President Obama.

This is what a police state looks like.

Cross posted from The Stars Hollow Gazette

Up Date: Fugitive Snowden seeks asylum in Ecuador: foreign minister

Ecuadorean Foreign Minister Ricardo Patino, visiting Vietnam, tweeted: “The Government of Ecuador has received an asylum request from Edward J. #Snowden.”

NSA whistleblower, Edward Snowden has left Hong Kong arriving in Moscow aboard a commercial flight, presumably on his way to a third country for asylum.

In a statement, WikiLeaks said the 30-year-old was heading to a democratic country “via a safe route” for asylum purposes and that the organisation was assisting at his request. Snowden had been in hiding in Hong Kong since identifying himself as the source of revelations on US surveillance programmes.

His flight from US authorities, which want to charge him with espionage, appeared set to continue with an onward flight west from Moscow to Havana on Monday. From there, various reports indicated that he would try to get to either Caracas or Quito.

The Hong Kong government said on Sunday he had left of his own accord “through a lawful and normal channel” and said the request filed by the US did not fully comply with legal requirements. Pointedly, it also said it wanted Washington to clarify Snowden’s claims that the US had hacked targets in the territory.

He was accompanied by one of Julian Assange’s closest advisers, Sarah Harrison.

On Friday, Snowden was charged with espionage under the 1917 law. He becomes the eighth whistleblower to be charged under the act by the Obama administration, which has used the charge more than any other president.

Snowden, 29, is charged with theft of government property, unauthorised communication of national defence information and wilful communication of classified communications intelligence information to an unauthorised person, according to court documents.

The head of the NSA, Gen. Keith Alexander stated that Snowden has “caused irreversible damage to US.” This coming from the man who lied to congress and has admitted publicly that the surveillance had violated the Fourth Amendment.

Have I mentioned that David Gregory is a hack and an embarrassment for NBC?

Good luck to Mr. Snowden.

Cross posted from The Stars Hollow Gazette

Meet the most powerful man you’ve never heard of until recently, Gen. Keith B. Alexander,  Director of the National Security Agency (DIRNSA)and Chief of the Central Security Service (CHCSS) since August 1, 2005 and Commander of the United States Cyber Command since  May 21, 2010. He is a four star general in the United States Army and, according to Wikipedia, plans to retire in 2014, which may not be soon enough for some. Did I mention that he is also a proven liar? So, when he says, as he did, without any evidence, before the House Permanent Select Committee on Intelligence, that 50 terrorist attack were thwarted by the contested programs of the NSA take it with a large grain of salt.

Chris Hayes, host of MSNBC’s “All In,” looks at Gen. Alexander’s tenure over the NSA with James Bamford and explains why he may be the most powerful man in Washington that you have yet to hear of.

“We jokingly referred to him as Emperor Alexander, because whatever Keith wants, Keith gets.”

The Secret War

by James Bradford, Wired

Infiltration, sabotage, mayhem, for years, four star general Keith Alexander has been building a secret army capable of launching devastating cyberattacks. Now it;s rady to unleash hell.

Inside Fort Meade, Maryland, a top-secret city bustles. Tens of thousands of people move through more than 50 buildings-the city has its own post office, fire department, and police force. But as if designed by Kafka, it sits among a forest of trees, surrounded by electrified fences and heavily armed guards, protected by antitank barriers, monitored by sensitive motion detectors, and watched by rotating cameras. To block any telltale electromagnetic signals from escaping, the inner walls of the buildings are wrapped in protective copper shielding and the one-way windows are embedded with a fine copper mesh.

This is the undisputed domain of General Keith Alexander, a man few even in Washington would likely recognize. Never before has anyone in America’s intelligence sphere come close to his degree of power, the number of people under his command, the expanse of his rule, the length of his reign, or the depth of his secrecy. A four-star Army general, his authority extends across three domains: He is director of the world’s largest intelligence service, the National Security Agency; chief of the Central Security Service; and commander of the US Cyber Command. As such, he has his own secret military, presiding over the Navy’s 10th Fleet, the 24th Air Force, and the Second Army.

Cross posted from The Stars Hollow Gazette

To quote a phrase from a well known blogger at a formerly liberal, progressive web site:

Don’t tell me what you believe, show me what you do and I will tell you what you believe.

I give you President Barack Obama defending the Bush Administrations surveillance state.

Obama Defends Authorization of Surveillance Programs

by Peter Baker, The New York Times

“Some people say, ‘Well, you know, Obama was this raving liberal before. Now he’s, you know, Dick Cheney,’ ” Mr. Obama told Charlie Rose on his PBS interview show. “Dick Cheney sometimes says, ‘Yeah, you know, he took it all lock, stock and barrel.’ My concern has always been not that we shouldn’t do intelligence gathering to prevent terrorism, but rather, are we setting up a system of checks and balances?” [..]

Yet like Mr. Cheney, who appeared on “Fox News Sunday” over the weekend, Mr. Obama defended the effectiveness of surveillance programs in heading off threats to the United States. “The one thing people should understand about all these programs, though, is they have disrupted plots, not just here in the United States but overseas as well,” he said. He added that while other factors were at work, “we are increasing our chances of preventing a catastrophe like that through these programs.”

Partial transcript:

Keep in mind that this president employs and supports two known liars, Director of National Intelligence James Clapper and National Security Agency Director Gen. Keith B. Alexander, both of whom have continuously lied to Congress about the surveillance programs. This president has approved unchecked wiretapping something he said he would end when campaigning for office.

Mr. Obama has said he does not believe he has violated the privacy of any American but this is what he does.

So what does he believe? Certainly not the Constitution and our right to protection from illegal searches.

Cross posted from The Stars Hollow Gazette

I haven’t said this in awhile, what digby said:

It’s astonishing that this is necessary, but apparently it is:

Click on image to enlarge.

Quite simple and to the point. Now you can support The Mind Your Own Business act by signing the petition, here.

Cross posted from The Stars Hollow Gazette

At Crooks and Liars, Suzie Madrak points out an important fact about private government contractors, the Fourth Amendment does not apply to them:

This has been an ongoing scandal in the Iraq and Afghanistan wars. Attorney Susan L. Burke represented several groups of plaintiffs (including Abu Ghraib detainees and female soldiers who had been sexually assaulted) in lawsuits in which she tried to overturn the civil immunity of government contractors. She has not been successful, and the federal government continues to subcontract with private companies to do things that would be illegal if they did them themselves. So keep that in mind as you read these NSA stories.

She highlights an interview with 70’s whistleblower, Chris Pyle at Democracy Now, who disclosed the military’s spying on civilian politics and worked for three congressional committees to end it.

Pyle discovered the Army and CIA were spying on millions of Americans engaged in lawful political activity while he was in the Army working as an instructor. His revelations prompted Senate hearings, including Senator Frank Church’s Select Committee on Intelligence, ultimately leading to a series of laws aimed at curbing government abuses. Now teaching constitutional law and civil liberties at Mount Holyoke College, Pyle says the NSA is known for attacking its critics instead of addressing the problems they expose.

CHRISTOPHER PYLE: Yes. The forerunner of the PRISM system that Snowden disclosed was called Trailblazer. It wasted $1 billion on private contracts. It replaced a much less expensive system called ThinThread, which had more privacy protections and had been developed inside the government. Now, the reason that private contractors get this business is because members of Congress intercede with them with government agencies. And we now have a situation where members of the Intelligence Committee and other committees of Congress intercede with the bureaucracy to get sweetheart contracts for companies that waste taxpayers’ money and also violate the Constitution and the privacy of citizens. This is a very serious situation, because it means that it’s much more difficult to get effective oversight from Congress. [..]

CHRISTOPHER PYLE: Well, we all want to protect the security of the country. We all want to protect the Constitution. But when government agencies are totally unaccountable, we can’t do that. Members of Congress do not go to those briefings, even if they’re offered, because once you go to the briefing, then you can’t talk about what you’ve been told, because it’s classified. So the briefing system is designed to silence Congress, not to promote effective oversight.

Members of Congress don’t want to spend time on oversight. They’re too busy raising money. New members of the House of Representatives this winter were told by the Democratic Campaign Committee that they should spend between four and six hours a day dialing for dollars. They have no time to do the public’s business. They’re too busy begging for money. President Obama himself attended 220 fundraisers last year. Where does he get the time to be president when he’s spending so much time asking wealthy people for money to support his campaign? [..]

CHRISTOPHER PYLE: Well, it’s true. The NSA doesn’t want to hire people like you and me. We don’t know enough about the Internet. That said, it’s important to note that the vice chairman of Booz Allen happens to be Mike McConnell, who was former director of NSA and of national intelligence. There is a revolving door between high government positions and private corporations, and this revolving door allows these people to make a great deal more money upon leaving the government, and then being rented back to the government in a contractor capacity. And that’s part of the corruption of the system. [..]

CHRISTOPHER PYLE: Well, yes. The Fourth Amendment of the Constitution, which protects us from unreasonable searches and seizures, only binds the government, doesn’t bind corporations. That’s a serious problem. The reason we have privatization of prisons, in some ways, is for governments to escape liability. They put the liability on the private corporations that run the prisons, and they just charge their liabilities as an operating cost.

(All emphasis by Suzie.)

Got that? This is the key to the rational behind privatizing everything from schools and prisons to national security. Keep it in mind as you read anything about the NSA whistleblowing and Edward Snowden.

DSWright at FDL News Desk hits the nail on the head, Freedom isn’t free:

The National Security Agency along with the CIA, FBI and other intelligence agencies of the U.S. government has been swapping information with private companies. In exchange for private companies giving the intelligence agencies information on their users, the private companies receive access to classified intelligence. The Corporate State indeed.

   Thousands of technology, finance and manufacturing companies are working closely with U.S. national security agencies, providing sensitive information and in return receiving benefits that include access to classified intelligence, four people familiar with the process said.

   These programs, whose participants are known as trusted partners, extend far beyond what was revealed by Edward Snowden, a computer technician who did work for the National Security Agency. The role of private companies has come under intense scrutiny since his disclosure this month that the NSA is collecting millions of U.S. residents’ telephone records and the computer communications of foreigners from Google Inc (GOOG). and other Internet companies under court order.

No wonder the tech firms did not complain about spying on American citizens, they were getting compensation in the form of access to classified intel. So now Wall Street gets to see classified intelligence? No wonder there were no prosecutions, they’re on the team. Too Big To Fail, Too Big To Jail, and too important to National Security. The National Security Agency along with the CIA, FBI and other intelligence agencies of the U.S. government has been swapping information with private companies. In exchange for private companies giving the intelligence agencies information on their users, the private companies receive access to classified intelligence. The Corporate State indeed. [..]

No wonder the tech firms did not complain about spying on American citizens, they were getting compensation in the form of access to classified intel. So now Wall Street gets to see classified intelligence? No wonder there were no prosecutions, they’re on the team. Too Big To Fail, Too Big To Jail, and too important to National Security.

Quid pro quo, as well, as liability protection, all on the tax payer’s dime.

Cross posted from The Stars Hollow Gazette

Metadata:

Simply put, metadata is data about data. It is descriptive information about a particular data set, object, or resource, including how it is formatted, and when and by whom it was collected. Although metadata most commonly refers to web resources, it can be about either physical or electronic resources.

Sounds harmless, so how bad could it be? According to mathematician and former Sun Microsystems engineer Susan Landau who was interviewed by Jane Mayer of The New Yorker, it’s worse than many might think:

“The public doesn’t understand,” she told me, speaking about so-called metadata. “It’s much more intrusive than content.” She explained that the government can learn immense amounts of proprietary information by studying “who you call, and who they call. If you can track that, you know exactly what is happening-you don’t need the content.”

For example, she said, in the world of business, a pattern of phone calls from key executives can reveal impending corporate takeovers. Personal phone calls can also reveal sensitive medical information: “You can see a call to a gynecologist, and then a call to an oncologist, and then a call to close family members.” And information from cell-phone towers can reveal the caller’s location. Metadata, she pointed out, can be so revelatory about whom reporters talk to in order to get sensitive stories that it can make more traditional tools in leak investigations, like search warrants and subpoenas, look quaint. “You can see the sources,” she said. When the F.B.I. obtains such records from news agencies, the Attorney General is required to sign off on each invasion of privacy. When the N.S.A. sweeps up millions of records a minute, it’s unclear if any such brakes are applied.

Metadata, Landau noted, can also reveal sensitive political information, showing, for instance, if opposition leaders are meeting, who is involved, where they gather, and for how long. Such data can reveal, too, who is romantically involved with whom, by tracking the locations of cell phones at night.

Ms. Landua joined Amy Goodman and Nermeen Shaikh on Democracy Now to explain just how intrusive the government’s collection of metadata is.

Cross posted from The Stars Hollow Gazette

Like much of our government, spying has been privatized. 70% of surveillance is done by private companies that translates to $6 billion dollars with a half a million employees.

Meet the contractors analyzing your private data

by Tim Shorrock

Private companies are getting rich probing your personal information for the government. Call it Digital Blackwater

Amid the torrent of stories about the shocking new revelations about the National Security Agency, few have bothered to ask a central question. Who’s actually doing the work of analyzing all the data, metadata and personal information pouring into the agency from Verizon and nine key Internet service providers for its ever-expanding surveillance of American citizens?

Over the past decade, the U.S. intelligence community has relied increasingly on the technical expertise of private firms such as Booz Allen, SAIC, the Boeing subsidiary Narus and Northrop Grumman. About 70 percent of the national intelligence budget is now spent on the private sector. Former NSA Director Michael V. Hayden has described these firms as a quote “digital Blackwater.” We speak to Tim Shorrock, author of the book “Spies for Hire: The Secret World of Outsourced Intelligence.”

Cross Posted for The Stars Hollow Gazette

It has been known since last Summer that the New York City Police Department has has an intelligence unit coached by, and in conjunction with, the CIA which focuses on the Muslim community. This is being done even tough the CIA is prohibited from spying domestically on Americans. It was revealed in an Associated Press report that besides targeting Muslim communities, mosques and businesses inside the five boroughs, the surveillance has extended to Newark, New Jersey] (pdf) and Long Island (pdf).

The NYPD has been dispatching undercover officers called “rakers,” into minority neighborhoods to monitor daily life in bookstores, bars and other local common places, reported The Associated Press, citing a “months-long” investigation. Informants called “mosque crawlers,” monitored sermons and imams. Intelligence officers reportedly also gathered information on cab drivers and food cart vendors. [..]

The AP also reported that the NYPD operates far outside its borders in New Jersey and surrounding regions and targets ethnic communities, mainly Muslims, in specific ways that no federal agency could without violating civil liberty laws.

In October the New York Civil Liberties Union (NYCLU) filed a motion challenging the partnership in court to determine whether the spying operations violates an existing court order from 1971, revised in 2003, that restricted the NYPD’s ability to conduct surveillance targeting political and religious activity.

“The NYPD’s reported surveillance of local Muslim communities raises serious questions concerning whether the Police Department has violated court-ordered restrictions on its ability to spy on and keep dossiers on individuals,” said NYCLU Legal Director Arthur Eisenberg. “In order to know whether the NYPD is violating the court order, we need a more complete explanation of the NYPD’s surveillance practices.”

The NYPD has an ugly history of racial profiling in black and Hispanic communities:

In 2010 alone, the NYPD engaged in more than 600,000 stop-and-frisks searches; 84% of those stopped were of black or Latino. Time and again, police officers have used force when stopping blacks or Latinos. Half of these stops have been cited as “furtive movements”, a label that portrays black and brown people as clandestine. The stop-and-frisk widespread problem that is racially discriminatory under the ostensible excuse that the practice is necessary in fighting crime. Sadly, this procedure has not proved to reduce crime or make the city any safer.

The department has gone as far as monitoring Muslims who change their names

The NYPD monitors everyone in the city who changes his or her name, according to internal police documents and interviews. For those whose names sound Arabic or might be from Muslim countries, police run comprehensive background checks that include reviewing travel records, criminal histories, business licenses and immigration documents. All this is recorded in police databases for supervisors, who review the names and select a handful of people for police to visit.

The program was conceived as a tripwire for police in the difficult hunt for homegrown terrorists, where there are no widely agreed upon warning signs. Like other NYPD intelligence programs created in the past decade, this one involved monitoring behavior protected by the First Amendment.

Earlier this week, AP reported that the NYPD had monitored Muslim students all over the Northeast:

One autumn morning in Buffalo, N.Y., a college student named Adeela Khan logged into her email and found a message announcing an upcoming Islamic conference in Toronto.

Khan clicked “forward,” sent it to a group of fellow Muslims at the University at Buffalo, and promptly forgot about it.

But that simple act on Nov. 9, 2006, was enough to arouse the suspicion of an intelligence analyst at the New York Police Department, 300 miles away, who combed through her post and put her name in an official report. Marked “SECRET” in large red letters, the document went all the way to Commissioner Raymond Kelly’s office. [..]

Police trawled daily through student websites run by Muslim student groups at Yale, the University of Pennsylvania, Rutgers and 13 other colleges in the Northeast. They talked with local authorities about professors in Buffalo and even sent an undercover agent on a whitewater rafting trip, where he recorded students’ names and noted in police intelligence files how many times they prayed. [..]

Though the NYPD says it follows the same rules as the FBI, some of the NYPD’s activities go beyond what the FBI is allowed to do.

Kelly and New York City Mayor Michael Bloomberg repeatedly have said that the police only follow legitimate leads about suspected criminal activity.

But the latest documents mention no wrongdoing by any students.

Glen Greenwald rightfully notes the “hallmark of a Surveillance State is that police agencies secretly monitor and keep dossiers on not only those individuals suspected of lawbreaking, but on the society generally, including those individuals about whom there is no suspicion of wrongdoing.” and he calls out the blatant lies of Mayor Michael Bloomberg:

New York Mayor Michael Bloomberg has long claimed – preposterously – that the NYPD does not target communities for survillence based on their religion, but as AP notes:  “In one section of the  report, police wrote that the largest immigrant groups in Newark were from Portugal and Brazil. But they did not photograph businesses or churches for those groups.” That’s because “‘No Muslim component within these communities was identified,‘ police wrote.” In the wake of this latest evidence, Bloomberg seemed to abandon that denial, shifting instead to justification: “The police department goes where there are allegations. And they look to see whether those allegations are true,” said the Mayor. “That’s what you’d expect them to do. That’s what you’d want them to do. Remind yourself when you turn out the light tonight.”

No, Mr. Bloomberg, you do not make us safer by violating our rights and the laws of this country. This is not the sign of a healthy society, as Glenn concludes:

the essential expression of the American Surveillance State: we can and will know everything about what you do, and you will know virtually nothing about what we do. In a healthy society, that formula would be reversed: the citizenry (with rare exceptions) would know most everything about what their government does, while the government would know nothing about what citizens do in the absence of well-grounded suspicion that they have done something wrong. Yet here we have the NYPD wandering outside of its jurisdiction in order to spy on the innocuous activities of a community of a religious minority (not even the Newark Mayor was informed about this), and the most disturbing part of it all is how common it now is.

Somebody needs to rein in Mayor Bloomberg and the NYPD.

Cross posted from The Stars Hollow Gazette

Monday morning the Supreme Court handed down a 9 – 0 decision on the 4th Amendment and privacy right ruling that police must obtain a warrant before they can place GPS device on a person’s vehicle. The ruling in United States v. Jones upholds a citizen’s right to privacy and smacks down the Obama administrations defense of unlimited surveillance. The ruling overturns the drug conviction of Antoine Jones that used information from a GPS device that was placed on his vehicle without a warrant.

Justices Say GPS Tracker Violated Privacy Rights

WASHINGTON – The Supreme Court on Monday unanimously ruled that the police violated the Constitution when they placed a Global Positioning System tracking device on a suspect’s car and monitored its movements for 28 days.

But the justices divided 5-to-4 on the rationale for the decision, with the majority saying that the problem was the placement of the device on private property. That ruling avoided many difficult questions, including how to treat information gathered from devices installed by the manufacturer and how to treat information held by third parties like cellphone companies. [..]

Though the ruling was limited to physical intrusions, the opinions in the case collectively suggested that a majority of the justices are prepared to apply broad Fourth Amendment privacy principles unrelated to such intrusions to an array of modern technologies, including video surveillance in public places, automatic toll collection systems on highways, devices that allow motorists to signal for roadside assistance and records kept by online merchants.

The Obama administration had argued that under a 1983 ruling the police had the right to place the device:

One of the Obama administration’s main arguments in support of warrantless GPS tracking was the high court’s 1983 decision in United States v. Knotts, in which the justices ruled it was OK for the government to use beepers known as “bird dogs” to track a suspect’s vehicle without a warrant. In that case, the police had the consent of that truck’s owner, which was not the case in the opinion decided Monday, Scalia wrote.

Law Professor Jonathan Turley provides broader discussion of the two opinions that were written by Justices Samuel Alito and Anton Scalia. Scalia’s opinion prevailed with Justices Anthony M. Kennedy, Clarence Thomas and Sonia Sotomayor concurring.

Also Jeralyn E. Merritt of TalkLeft points out a question that was not addressed:

Whether the electronic surveillance, if achieved without having to physically trespass on Jones’s property, would have been “an unconstitutional invasion of privacy.”