U.S. Considered an ‘Endemic’ Surveillance Society – Privacy International

Yikes! The supposed world champion of democracy and freedoms has been given Code Black status by Privacy International, meaning, the U.S. is now an ‘endemic’ surveillance society. 

The status of the U.S. is marked as deteriorating worsening from last year’s Code Pink status as an extensive surveillance society to a Code Black. The U.S. can now count itself among a list of seasoned Code Black nations such as China, Malaysia, Singapore, Russia and the U.K. Other countries in a state of deterioration into endemic surveillance societies are Taiwan and Thailand.

Of the reasons why the U.S. has been designated such status, Privacy International sites the following: 

• No right to privacy in constitution, though search and seizure protections exist in 4th Amendment; case law on government searches has considered new technology

• No comprehensive privacy law, many sectoral laws; though tort of privacy

• FTC continues to give inadequate attention to privacy issues, though issued self-regulating privacy guidelines on advertising in 2007

• State-level data breach legislation has proven to be useful in identifying faults in security

• REAL-ID and biometric identification programs continue to spread without adequate oversight, research, and funding structures

• Extensive data-sharing programs across federal government and with private sector

• Spreading use of CCTV

• Congress approved presidential program of spying on foreign communications over U.S. networks, e.g. Gmail, Hotmail, etc.; and now considering immunity for telephone companies, while government claims secrecy, thus barring any legal action

• No data retention law as yet, but equally no data protection law

• World leader in border surveillance, mandating trans-border data flows

• Weak protections of financial and medical privacy; plans spread for ‘rings of steel’ around cities to monitor movements of individuals

• Democratic safeguards tend to be strong but new Congress and political dynamics show that immigration and terrorism continue to leave politicians scared and without principle

• Lack of action on data breach legislation on the federal level while REAL-ID is still compelled upon states has shown that states can make informed decisions

• Recent news regarding FBI biometric database raises particular concerns as this could lead to the largest database of biometrics around the world that is not protected by strong privacy law

Friday Fun: Lax FBI Money Controls Lead to Shutdown of Surveillance, Justice Department Audit Finds

Here is a mildly entertaining piece of news from AP: ”

“Telephone companies have cut off FBI wiretaps used to eavesdrop on suspected criminals because of the bureau’s repeated failures to pay phone bills on time.

A Justice Department audit released Thursday blamed the lost connections on the FBI’s lax oversight of money used in undercover investigations.In one office alone, unpaid costs for wiretaps from one phone company totaled $66,000.

In at least one case, a wiretap used in a Foreign Intelligence Surveillance Act investigation “was halted due to untimely payment,” the audit found. FISA wiretaps are used in the government’s most sensitive and secretive criminal and intelligence investigations, and allow eavesdropping on suspected terrorists or spies.” Click here for more.

Why is it only punishable to unlawfully wiretap politicians or other high-ranking individuals?

The China Post has reported that: 

“An appeal court Thursday handed down suspended prison sentences on two former South Korean spy chiefs convicted of illegal wiretapping. The Seoul High Court upheld a lower court decision last year to sentence Lim Dong-won and Shin Kun to three years in prison for overseeing the wiretapping of politicians and businessmen by intelligence officials.”

Is wiretapping like murder in terms of legality and punishment – the more powerful the target the more probable a prosecution? For example, if the target is a famous or powerful individual it’s an assassination, the perpetrator accused and tried publicly; however, if millions are killed for whatever reason it’s simply mass murder, blame distributed widely with justice not necessarily forthcoming. Likewise, if an unauthorized or unwarranted wiretap is conducted on an influential person the act is illegal and punishable under the law, however, if unwarranted interception is widespread and includes eavesdropping on millions it’s just a matter of national security.

 It’s something to think about anyway.

A Passionate Perspective on U.S. Wiretapping Desires

Ryan Singel has published an informative, if slightly heated, article on his Wired blog about the direction of U.S. wiretapping and the ill-informed media reporting around the subject. The piece (as is the perspective) is definitely worth a read. Click here for more.

Three arrested in alleged wiretapping of Lieberman

Here is more on the Israeli wiretapping scandal from The Jerusalem Post:

Strategic Affairs Minister Avigdor Lieberman was back on the Israel Police’s radar Monday, this time as an alleged victim of wiretapping.

Police said they suspect that private detectives Rafi Fridan and Aviv Mor, both of Tel Aviv, and right-wing activist Avigdor Eskin participated in a criminal conspiracy to listen in on Russian immigrant businessman Michael Chernoy’s telephone conversations, as well as those of Chernoy’s secretary.

Lieberman, who submitted an official complaint with police last week, believes the wiretapping of his friend’s office was part of a plot to get information to politically discredit the Israel Beiteinu founder.

International and Serious Crimes Unit police raided Fridan’s, Mor’s and Eskin’s homes and offices early Monday morning and arrested all three. Officers close to the investigation said police had recovered “relevant materials.”

Later Monday, all three were taken before the Petah Tikva Magistrate’s Court, where police representatives requested remand extensions, claiming that there was a legitimate fear that the suspects might try to tamper with evidence or witnesses. Mor’s and Fridan’s remands were extended by four days, and Eskin’s remand was extended by five days.

Detectives believe there may be more suspects in the case. Police and attorneys hinted that this was merely the tip of the iceberg in a wider web of political intrigue. The three current suspects may face charges on a number of offenses, including carrying out illegal wiretapping, illegal use of a wiretap, conspiracy to commit a crime and violations of the Law for the Protection of Privacy.

Fridan already had 42 previous offenses for illegal wiretapping, and Mor had “slightly fewer,” police said Monday night.

Eskin was one of the far-right-wing demonstrators at Rimonim Prison on Sunday who came to support former prime minister Yitzhak Rabin’s assassin, Yigal Amir, as Amir’s family attended his son’s circumcision. Eskin also was involved in the pulsa denura cursing ceremony against Rabin shortly before his assassination.