wiretap

NSA spying flap extends to contents of U.S. phone calls

The National Security Agency has acknowledged in a new classified briefing that it does not need court authorization to listen to domestic phone calls, a participant in the briefing said.

Rep. Jerrold Nadler, a New York Democrat, disclosed on Thursday that during a secret briefing to members of Congress, he was told that the contents of a phone call could be accessed "simply based on an analyst deciding that."

If the NSA wants "to listen to the phone," an analyst's decision is sufficient, without any other legal authorization required, Nadler said he learned. "I … Read more

NSA surveillance retrospective: AT&T, Verizon never denied it

When Internet companies were recently accused of allowing the National Security Agency direct access to their servers, they strenuously denied it. But when AT&T was accused of allowing the NSA direct access to its network, it did the opposite.

Mark Klein, who worked as an AT&T technician for over 22 years, disclosed in 2006 (PDF) that he met with NSA officials and witnessed domestic Internet traffic being "diverted" through a "splitter cabinet" to secure room 641A in one of the company's San Francisco facilities. Only NSA-cleared technicians were allowed to work … Read more

No evidence of NSA's 'direct access' to tech companies

Update, June 8 at 2:45 p.m. PT: In response to outcry over PRISM, the U.S. director of national intelligence has released some details. Among other things, he says the government "does not unilaterally obtain information from the servers of U.S. electronic communication service providers" and that PRISM-related activities are conducted "under court supervision." More here.

The National Security Agency has not obtained direct access to the systems of Apple, Google, Facebook, and other major Internet companies, CNET has learned.

Recent reports in The Washington Post and The Guardian claimed a classified program … Read more

Why DOJ didn't need a 'super search warrant' to snoop on Fox News' e-mail

If attorney general Eric Holder wanted to perform even a momentary Internet wiretap on Fox News' e-mail accounts, he would have had to persuade a judge to approve what lawyers call a "super search warrant."

A super search warrant's requirements are exacting: Intercepted communications must be secured and placed under seal. Real-time interception must be done only as a last resort. Only certain crimes qualify for this technique, the target must be notified, and additional restrictions apply to state and local police conducting real-time intercepts.

But because of the way federal law was written nearly half a … Read more

Meet the 'Corporate Enemies of the Internet' for 2013

National governments are increasingly purchasing surveillance devices manufactured by a small number of corporate suppliers and using them to control dissidents, spy on journalists, and violate human rights, the advocacy group Reporters Without Borders warns in a new report released this afternoon.

The group's 2013 report for the first time names five private-sector companies "Corporate Enemies of the Internet" for their choice to become "digital mercenaries" and sell surveillance and censorship technology to authoritarian regimes.

"If these companies decided to sell to authoritarian regimes, they must have known that their products could be used … Read more

Canada nixes online spying bill designed to stop child predators

It looks like Canadian privacy advocates won a battle over an Internet bill that was intended to stop online predators. The Canadian government announced today that it was not passing the Protecting Children from Internet Predators Act, or Bill-C30, according to the Register.

The purpose of the bill was supposedly to make sure children weren't stalked on the Internet by criminals or sex offenders. However, it also enabled warrantless wiretapping. The law said that carriers and ISP providers would be required to give police information about their customers.

The bill (PDF) says that if passed it would "require … Read more

The snoop state's still alive and well (Anybody notice?)

In mid-December, a good portion of our wired world had a collective cow after Instagram put out a confusing statement about how it planned to treat users' photos. (The company blamed the ensuing uproar on imprecise wording and retreated to its original terms of service.) Oh, we love our photos. Fine. Whatever.

Now compare that uproar with the (relative) sound of silence greeting the five-year extension of extraordinary spying powers handed to the National Security Agency. Even in an age when attention deficit disorder seems to be the default mode, this was something else. In the closing days of 2012, … Read more

Verizon draws fire for monitoring app usage, browsing habits

Verizon Wireless has begun selling information about its customers' geographical locations, app usage, and Web browsing activities, a move that raises privacy questions and could brush up against federal wiretapping law.

The company this month began offering reports to marketers showing what Verizon subscribers are doing on their phones and other mobile devices, including what iOS and Android apps are in use in which locations. Verizon says it may link the data to third-party databases with information about customers' gender, age, and even details such as "sports enthusiast, frequent diner or pet owner."

"We're able to … Read more

Supreme Court closes door on warrantless eavesdropping suit

The long-standing warrantless spying case ended at the hands of the Supreme Court today. After six years of working its way up through the courts, the Electronic Frontier Foundation's lawsuit against the National Security Agency -- which aimed to hold telecom companies liable for allowing government eavesdropping on U.S. residents -- was terminated.

The Supreme Court declined to review a lower court ruling on the case today, closing the door on further appeals. Its decision did not address the merits of the case.

Hepting v. AT&T was a class-action suit filed by the American Civil Liberties … Read more

Laws on Wi-Fi sniffing still up in the air, say specialists

LAS VEGAS -- Got a Wi-Fi network? If someone, say Google or the government, sniffs your open network, you may think you're legally protected. Don't be so sure.

It remains unclear whether the law protects your unencrypted Wi-Fi from interception, because there are differing interpretations and lack of court precedent, Kevin Bankston, senior counsel at the Center for Democracy and Technology, said in a session at Defcon yesterday.

The federal wiretap statute prohibits sniffing of contents of communications by a device unless the contents are readily accessible to the general public. If the network is password-protected you're … Read more