This paper examines this gatekeeper function US industry plays in surveillance and recommends surveillance reforms that will reinforce that function without denying necessary government access to information.
Latest in Surveillance: NSA Warrantless Wiretapping
According to a recently declassified Inspector General report, when the NSA conducts Internet surveillance pursuant to its Section 702 authority, companies are only required to hand over emails to, from, or about the NSA's foreign targets and not all data corssing their servers.
Yesterday, November 29th, the NSA suspended its collection of bulk telephony metadata once authorized under Section 215 of the USA Patriot Act.
Understanding the Deeper History of FISA and 702: Charlie Savage's Power Wars on Fiber Optic Cables and Transit Authority
NSA surveillance activity sometimes labeled "transit authority" is a very useful case study of the way in which legal and policy questions may be impacted by technological change.
Silicon Valley hates the NSA, with good reason. Are there any prospects for repairing the relationship?
According to the Office of the Director of National Intelligence, the National Security Agency will no longer access the historical metadata collected under Section 215 after the 180-day transition period authorized under the USA Freedom Act. The Agency will retain the information for three additional months (so, until sometime in late February 2016) to allow technical personel to evaluate the integrity of data from the new collection method, but it will be off limits for analytical purposes.
Today, the White House released a response to a petition to pardon Edward Snowden. The original petition, filed on June 9th, 2013, has received 167,954 signatures and reads:
Edward Snowden is a national hero and should be immediately issued a a full, free, and absolute pardon for any crimes he has committed or may have committed related to blowing the whistle on secret NSA surveillance programs.
Dustin Volz of the National Journal brings us the news that the Foreign Intelligence Surveillance Court has "revived the National Security Agency's bulk collection of Americans' phone records" for an additional five months, as allowed under the USA Freedom Act passed earlier this month.
The order, written by Judge Michael W. Mosman, begins
What do hotel registries and national security internet surveillance have in common? On their face, not much. The former (as we learn from City of Los Angeles v. Patel) involves a routinized administrative search, backed by a long history, involving an industry (inn-keeping) that stretches back to biblical times, conducted by local police for comparatively modest reasons of public health and safety. The latter, of course, is the exact opposite – a novel form of surveillance, conducted for reasons fraught with national significance, based on law and technology whose existence a mere 20 years ago was but a glimmer in the future with consequences for those surveilled that raise critical issues of privacy and civil liberties (and, for some subjects of surveillance even issues of life or death).
And yet ….