GPS Privacy Legislation after the PATRIOT Act

November 26, 2016

This post is more a request for information than a provision of same.

I was discussing cell-phone privacy, and a friend mentioned that since the World Trade Center attacks all cell phones have GPS location devices that are trackable even when off.  I was not sure of the accuracy of that statement (though we all know that the so-called PATRIOT Act was a vast overreaction and overreach), so I went hunting for current law.

I did not find much; I did find a government site from 2014 that had a link to a page about pending legislation; that page was updated 2 months ago (28 Oct. 2016).  Here is the link:
http://www.gps.gov/policy/legislation/gps-act/

The original page (www.gps.gov/policy) also had information on the 2012 Jones decision and on lower-court rulings, including one that required a warrant for GPS-based vehicle trackers (later vacated and to be reheard, according to the site today [26 Nov. 2016]).

I think we have some work to do, between all the other ball-juggling that is happening: Electoral College, vote recounts, proposals for mass registration and deportations, Dakota Access water-protector repression, racist appointments, etc.  Already, many folks are talking about the need for encrypting e-mails and phone conversations/messages—is that actually useful, or just an illusion because Internet Service Providers give everything to the government, anyway?


Anniversary on the Eve of an Election

October 25, 2016

Today is an important anniversary: 15 years ago on October 25, Senator Russ Feingold was the lone senator to vote against the so-called PATRIOT Act. GetFISARight was not yet a group then; the FISA vote that sparked our formation was far in the future. Now, we are little more than a WordPress site and a Twitter account—and Russ is running to take back his seat. When Sen. Feingold ran for reëlection in 2010 at the height of the Tea Party movement, this group actively supported him; we and many others were disapointed when his principled refusal to take DNC or SuperPAC money resulted in a loss. (Remember, with John McCain in earlier days [2002], he cowrote the McCain-Feingold Act [a.k.a. the Bipartisan Campaign Reform Act]; holding true to his principles was certainly a factor in, if not solely responsible for, costing him his reëlection).

Now, Sen. Feingold is looking to return to Washington, and despite what we have learned about the abuse and misuse of a bill rushed through just weeks after the shock of “9/11”, as that horrible series of events has come to be called, he is still being criticized for refusing his vote on that day. Despite improvements in the originally-proposed text, he stood by his defense of the need for proper process even, maybe especially, in dangerous times.

So, here we are approaching Election Day 2016; standing by our previous endorsement (without consultation with my colleagues on this page, as we are rarely in touch, but with trust that they agree), I encourage all to celebrate this anniversary by doing something to support Russ Feingold’s campaign—send an e-mail, make a call, post a Tweet, send a dollar to Russ’s campaign, make a profile picture honoring his integrity—your choice!
Here is a link to an article about his electoral race: http://tinyurl.com/zl7by8p

For those Bernie Sanders fans among us, here is a quotation from that article:

On Oct. 5, during a speech in Madison, Sanders said “Russ and I have worked together for years and I can not wait, believe me, to see him back at my side in the U.S. Senate. And when we talk about issues you, what you know, and what Russ know’s is this movement towards oligarchy. There are too many billionaires controlling this country. The Koch brothers and others have bought the United States Government.” Sanders continued, “Maybe I’m old fashioned but I kind of believe democracy is one person one vote, not billionaires electing their candidates.”

I remain on Senator Feingold’s e-mail list to this day; unable to find this text elsewhere in order to link to it, I reproduce it here:

On this day 1‌5 yea‌rs ago, I was the sole member of the United States Senate to vote against the Patriot Act. And, 1‌5 years later, I am still being attacked for my vote.

When I cast that vote, only si‌x we‌eks had passed since the horrendous attacks on 9‌/‌11. Initially, I wanted to vote for an early version of the bill, which I believed protected individuals civil liberties while also updating our laws to account for new technologies.

But then, the Bush administration held secret meetings, took shortcuts, and introduced a new version of the Patriot Act that couldn’t be changed. This isn’t how our democracy should operate: Behind closed doors and without transparency. It was outrageous.

The final version of the Patriot Act gave the federal government far too much power to spy on the American people. Congress held its breath and crossed its fingers that this power wouldn’t get abused, and the bill was passed.

When I voted no, I voted my conscience, and I voted to do right by the people of Wisconsin and the people of America. I voted no because national security and civil liberties should not be mutually exclusive — and should be beyond partisan politics.

Now, 1‌5 ye‌ars later, Senator Ron Johnson and his allies are still attacking my vote against the Patriot Act. If Senator Johnson and his super PACs were listening to the people of Wisconsin, they would know one thing: their attacks won’t work.

There are just over tw‌o wee‌ks left in this campaign. It’s going to take the full force of this grassroots team to combat all these outrageous right-wing attacks and win this race.

I did not include the donation link, but Sen. Feingold’s campaign site is russfeingold.com

My penultimate item is a link to the text of Sen. Feingold’s speech 15 years ago: http://tinyurl.com/zl7by8p

Then, I close with a section of Sen. Feingold’s speech—the section on the specific cause that brought this group together, getting FISA right:

I am also very troubled by the broad expansion of government power under the Foreign Intelligence Surveillance Act, known as FISA. When Congress passed FISA in 1978 it granted to the executive branch the power to conduct surveillance in foreign intelligence investigations without meeting the rigorous probable cause standard under the Fourth Amendment that is required for criminal investigations. There is a lower threshold for obtaining a wiretap order from the FISA court because the FBI is not investigating a crime, it is investigating foreign intelligence activities. But the law currently requires that intelligence gathering be the primary purpose of the investigation in order for this lower standard to apply.

This bill changes that requirement. The government now will only have to show that intelligence is a “significant purpose” of the investigation. So even if the primary purpose is a criminal investigation, the heightened protections of the Fourth Amendment won’t apply.

It seems obvious that with this lower standard, the FBI will try to use FISA as much as it can. And of course, with terrorism investigations that won’t be difficult, because the terrorists are apparently sponsored or at least supported by foreign governments. This means that the fourth amendment rights will be significantly curtailed in many investigations of terrorist acts.

The significance of the breakdown of the distinction between intelligence and criminal investigations becomes apparent when you see the other expansions of government power under FISA in this bill. One provision that troubles me a great deal is a provision that permits the government under FISA to compel the production of records from any business regarding any person, if that information is sought in connection with an investigation of terrorism or espionage.

Now we’re not talking here about travel records pertaining to a terrorist suspect, which we all can see can be highly relevant to an investigation of a terrorist plot. FISA already gives the FBI the power to get airline, train, hotel, car rental and other records of a suspect.

But under this bill, the government can compel the disclosure of the personal records of anyone – perhaps someone who worked with, or lived next door to, or went to school with, or sat on an airplane with, or has been seen in the company of, or whose phone number was called by — the target of the investigation.

And under this new provisions all business records can be compelled, including those containing sensitive personal information like medical records from hospitals or doctors, or educational records, or records of what books someone has taken out of the library. This is an enormous expansion of authority, under a law that provides only minimal judicial supervision.

Under this provision, the government can apparently go on a fishing expedition and collect information on virtually anyone. All it has to allege in order to get an order for these records from the court is that the information is sought for an investigation of international terrorism or clandestine intelligence gathering. That’s it. On that minimal showing in an ex parte application to a secret court, with no showing even that the information is relevant to the investigation, the government can lawfully compel a doctor or hospital to release medical records, or a library to release circulation records. This is a truly breathtaking expansion of police power.

Onward together!


Please Sign: An e-mail message from Ron Wyden

October 5, 2016

The group that originally began this Web site/blog was concerned with the expansion of government surveillance outside that allowed by the FISA Court; then-Senator Obama voted in favor of warrantless wiretapping in July 2008, and as his administration closes 8 years later it seems that the FBI is about to get new surveillance abilities. We supported Barack Obama in 2008, drifted away to various degrees by 2012, and largely moved on to individual projects. However, when something related comes up, one of us will pop over here to spread the word. Here is the correspondence from Sen. Wyden:

An obscure committee in the federal bureaucracy recently voted to allow the FBI to hack into your personal devices and access your personal data without obtaining an individual warrant to do so.

The changes approved by the Judicial Conference Advisory Committee on Criminal Rules to what is known as “Rule 41” would allow the government to get a single warrant to hack into an unlimited number of computers and digital devices owned by law-abiding Americans if their device was merely affected by criminal activity.

This dramatic and constitutionally questionable expansion of the government’s hacking and surveillance authority is poised to go into effect on December 1 – unless Congress acts. Such a change should be debated by Congress in the light of day – not handed down by unelected bureaucrats.

Here is the link to Sen. Wyden’s petition: https://standtallforamerica.com/petition/stop-mass-hacking/e/


FCC’s Net Neutrality Regulations Survive Challenge

June 14, 2016

A panel of judges ruled today to uphold the FCC’s Net Neutrality rules—which prohibit blocking legal content or throttling based on type, as well as disallowing the so-called “fast lanes” for preferred content. Although the rules do not include mobile services that do not include streaming that does not count against a user’s data cap, they nonetheless protect the basic concept of an Internet that “plays fair”, allowing users free choice of the legal content they choose without artificial, marketing-based restrictions. Score one for us! (and keep watching in case we need to defend this further)


Call the Rules Committee Tonight!

June 13, 2016

I got an e-mail from Fight for the Future an hour or two ago (they were still answering the phone when I called), asking for a quick phone call to tell the Congressional Rules Committee, which will be voting on FISA amendments, to take another step toward restoring the privacy that we once had.

Here is the link: http://tinyurl.com/2ffltx; Decide the Future gives the phone number to call, asking that we let the committee know that we support the Massie-Lofgren Amendment to defund mass surveillance under Section 702 of FISA.  The group that created this blog have been asking the president, Congress, anyone who will listen to “GetFISARight” for almost a decade now—through President Obama’s full 8-year administration (we grew out of a My Barack Obama group opposed to the then-senator’s support for warrantless wiretapping in July 2008), so don’t stop now!  Pick up the phone, make the call, and Tweet the link!

Defund the NSA


Years Later, Some Oversight!

June 12, 2016

Back when this page was first started, NSLs—national security letters—were a big topic of conversation.  Secret, without accountability, they were a large part of what we saw as wrong with FISA and its implementation.  They are an integral part of the PATRIOT Act, which was passed hurridly in a time of fear, and we have called the repeal, or at least reform, of that misnamed legislation from the beginning.

Well, it seems as though others share our concerns, and thanks to Yahoo! for their publication of three of these after the wildly inappropriate gag orders were lifted.  Here is the story, from ActivistPost:
http://www.activistpost.com/2016/06/yahoo-exposed-fbi-tricks.html

The story quotes a Yahoo! representative as follows:  “The release of these documents and information regarding NSLs today is consistent with our commitment to share as much information as we legally can regarding government data requests. We believe there is value in making these documents available to the public to promote an informed discussion about the legal authorities available to law enforcement.

“Each NSL included a nondisclosure provision that prevented Yahoo from previously notifying its users or the public of their existence,” the company ominously stated.

And these NSLs are not uncommon; again quoting from the above article, “as of 2013, the Obama administration admitted an average of 60 per day were being issued. Alarmingly, in its latest transparency report, Apple claimed the number of “national security orders” — including NSLs — had doubled in just six months.”

I am not sure that I have any solutions to suggest—keep pushing for transparency, of course, and maybe check into the People’s Convention in Philadelphia before the Democratic Convention; they are developing a People’s Platform; some sort of reform might be a good suggestion.  Here is their Web site (full disclosure: I will be attending the convention and have worked with organizers before on this and other projects): https://thepeoplesrevolution.org/

 


Tell the USTR today: NO to the TPP!

January 13, 2016

#TPPIsTreason
We don’t need another such bad deal—NAFTA and CAFTA have done enough damage, and we are hearing the same unrealistic promises about the #TPP.
Today is the last day to tell the U.S. Trade Rep “hell, no!” (until 11:59 p.m.) They are specifically asking about effects on jobs and employment, but will accept comments on any issue with the TPP.
Read more and find the regulations.gov link (and links to more details) here: http://interoccupy.net/blog/tell-the-ustr-the-tpp-is-bad-for-jobs