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Big Brother
Ky. legislator seeks penalization of anonymous posting
Tuesday, 11 March 2008
In hopes of combating “online bullying,” WTVQ reports, “Kentucky Representative Tim Couch filed a bill this week to make anonymous posting online illegal. The bill would require anyone who contributes to a website to register their real name, address and e-mail address with that site.  Their full name would be used anytime a comment is posted.”
Read more...
Government surveillance ‘an insidious assault on the freedom of Americans’
Tuesday, 11 March 2008
According to a University of Florida News Bureau press release:

Acts of government surveillance — from increasing use of closed-circuit televisions and global positioning systems to an array of sophisticated technologies that can access records about our activities — represent an insidious assault on the freedom of Americans that the law has failed to respond to, according to a new book from a University of Florida law professor.

“The Supreme Court of the United States and the court system generally are not involved in overseeing this new surveillance, not so much because of a power grab by the executive branch, but because the courts themselves have taken the judiciary out of the game,” said UF Levin College of Law professor Christopher Slobogin, author of “Privacy at Risk: The New Government Surveillance and the Fourth Amendment” (University of Chicago Press).

In his book, Slobogin writes, “The assault comes from government monitoring of our communications, actions and transactions. The failure results from the inability or unwillingness of courts and legislatures to recognize how pervasive and routine this government surveillance has become.”

To ensure that the government’s use of these powerful tools is not abused, Slobogin argues, something equally powerful — the Constitution, and in particular the Fourth Amendment to the Constitution — must stand guard. Slobogin’s book focuses on new developments in the government’s use of technology designed to observe our daily activities through physical surveillance and to peruse records of those activities.


In related news, another device that sees through your clothing has been invented by the British, long the masters of the Watchful Eye.
[UF News, Yahoo]
Read more...
Pakistan shuts down YouTube worldwide, TV station at home
Tuesday, 26 February 2008

CNN reports that, “[a]n apparent move by the Pakistani government to block YouTube, the popular video-sharing Web site, knocked out access to the site worldwide for more than two hours.”

The government “cited a ‘highly blasphemous’ video featuring right-wing Dutch politician Geert Wilders” as the reason for the blockage. Citing AP, CNN report continues: “The block was intended to cover only Pakistan but extended to about two-thirds of the global Internet population.”

In other Pakistan-shutting-things-down news: “[O]ne of Pakistan's independent broadcasters, Aaj Television, was taken off air for about two and one half hours, according to Talat Hussein, an Aaj newscaster and talk show host. The move came during Hussein's evening political talk show which featured discussions with Aaj management personnel who, according to Hussein, had been banned from appearing on air by the Musharraf government soon after emergency rule was declared on November 3,” reports the Committee to Protect Journalists.
[IFEX, CNN, AsiaMedia No. 1, AsiaMedia No. 2, RSF, Hat Tip – GigaLaw]

Read more...
ACLU seeks cell phone tracking records
Saturday, 01 December 2007
“The American Civil Liberties Union filed a Freedom of Information Act request . . . to compel the Justice Department to hand over documents about how federal officials have reportedly tracked people using their mobile phone signals,” Sidebar reports. Good luck with that, ACLU.
[Sidebar]
Read more...
Feds withdraw subpoena for Amazon customer info
Saturday, 01 December 2007
According to AP:
Federal prosecutors have withdrawn a subpoena that asked online retailer Amazon.com Inc. to identify thousands of buyers of used books, newly unsealed court records show.

The withdrawal came after a judge ruled the customers have a First Amendment right to keep their reading habits from the government.

“The chilling effect on expressive e-commerce would frost keyboards across America” when news of the subpoena spread, U.S. Magistrate Judge Stephen Crocker wrote in a June ruling. “Well-founded or not, rumors of an Orwellian federal criminal investigation into the reading habits of Amazon’s customers could frighten countless potential customers into canceling planned online book purchases.”
[First Amendment Center]
Read more...
Facebook is watching you pee
Saturday, 01 December 2007

Not really, at least not yet. Unless, of course, your Web cam is near your toilet.

But, the New York Times reports, Facebook is sending “news alerts to users’ friends about the goods and services they buy and view online.” After tens of thousands of users protested, Facebook is now seeking users’ explicit permission before making the information available instead of, well, just doing it.

“Isn’t this community getting a little hypocritical?” one advertising exec moaned about the protest to the Times. “Now, all of a sudden, they don’t want to share something?”

The exec, Organic’s Chad Stoller, doesn’t get it. While some morons are comfortable putting their private lives out there for everyone to see, the point is they chose to do it. When they purchase gifts for friends or, more importantly, private items they usually are not choosing to communicate that information—at least until the gift is unwrapped.

In fact, the Times reports that some Facebook members have already found out what they are receiving for Christmas, Hanukkah, etc. via the new Facebook program. Maybe I should set up a Facebook account for my wife …  
[NYTimes]

Read more...
Government tracking cell phones without probable cause
Saturday, 24 November 2007
Futurists contemplate a day where humans will be embedded with microchips which will either carry or transmit information for one reason or another. Naturally, many people are uncomfortable with that idea. Cries of “Big Brother” are heard far and wide.

For those who would surveil us, what is the next best alternative? Persuading everyone to carry the same microchip in their pocket instead—in their cell phones.

And so the future is today. Most of us carry a cell phone, a “tracking device,” most of which are locatable by the authorities at all times. And apparently absent warrants that meet the usual constitutional probable cause standard.

According to the Washington Post:
Federal officials are routinely asking courts to order cellphone (sic) companies to furnish real-time tracking data so they can pinpoint the whereabouts of drug traffickers, fugitives and other criminal suspects, according to judges and industry lawyers.
In some cases, judges have granted the requests without requiring the government to demonstrate that there is probable cause to believe that a crime is taking place or that the inquiry will yield evidence of a crime. Privacy advocates fear such a practice may expose average Americans to a new level of government scrutiny of their daily lives.
. . .
"Most people don't realize it, but they're carrying a tracking device in their pocket," said Kevin Bankston of the privacy advocacy group Electronic Frontier Foundation. "Cellphones (sic) can reveal very precise information about your location, and yet legal protections are very much up in the air."

While the article reports that some judges have not bought the government argument that such monitoring is subject to a lesser standard than other searches, many have. “These judges are issuing orders based on the lower standard,” the article reports, “requiring a showing of ‘specific and articulable facts’ showing reasonable grounds to believe the data will be ‘relevant and material’ to a criminal investigation.”

This is a significantly lower standard than the probable cause required by the Constitution. Since probable cause is not necessary to commence a criminal investigation, government authorities operating under such a standard can concoct an investigation for the specific purpose of gathering cell phone-derived information. In that case, making a “showing of ‘specific and articulable facts’ showing reasonable grounds to believe the data will be ‘relevant and material’ to” the concocted investigation is no burden whatsoever.

Such a reading of the law eviscerates the judicial review of searches and seizures envisioned by the framers of the Fourth Amendment. If the courts are unable to keep up with the technology or simply are unwilling to stand up to the government nowadays when it comes to rooting out crime “by the book,” Congress must step in and clarify the ground rules.

Until then, we’re all walking around with Big Brother in our pocket. You better be good boys and girls, it’s not just Santa watching.  

More news below the jump.  
[Washington Post]
Read more...
Columnist: Privacy doesn’t equal anonymity; Get used to it
Saturday, 17 November 2007
James P. Pinkerton explains that in today’s world, “[p]rivacy doesn't mean anonymity. Think about that for a bit - and get used to it.” He goes on to explain what he thinks are the six ways “the old equation - privacy equals anonymity - is being buzz-sawed.”
    1. Terrorism concerns
    2. Proliferation of cameras and Web cams
    3. Health insurance
    4. Medical treatment requires medical information
    5. Google and the Information Age
    6. Smaller world
[Newsday]
Read more...
Lawsuit: Government ‘vacuuming up’ billions of e-mails and phone calls
Monday, 12 November 2007
As a lawsuit alleging the “government is vacuuming up billions of e-mails and phone calls as they pass through an AT&T switching station in San Francisco“ makes its way through the courts, government officials are telling Congress its time to redefine our notions of privacy . . . and immunize from suit the phone companies complicit in the surveillance. Cute.
[AP]

Read more...
TiVo is watching you TiVo
Sunday, 11 November 2007
In addition to selling real time ratings to advertisers for about a year, “TiVo on Thursday started selling demographic information and other subscriber data to advertisers, as the company searches for other revenue streams to counteract increasing pressure from cable, satellite, and telephone companies,” reported Information Week.
[Information Week]

Read more...
LAPD plans to map the location of all Muslims in city
Sunday, 11 November 2007
According to KNBC:
A plan by the LAPD counterterrorism bureau to create a map detailing the Muslim communities in that city was reported Friday to be angering civil rights groups … "When the starting point for a police investigation is, 'Let's look at all Muslims,' we are going down a dangerous road," attorney Peter Bibring of the ACLU of Southern California told the [New York Times] in an interview.
Oh, and what do you know? People are pissed! Surprise, surprise.
[KNBC, AFP]
Read more...
Journalists kicked, punched and maced by FBI can’t sue?
Sunday, 11 November 2007
According to the Reporters Committee:
The Reporters Committee for Freedom of the Press [on Nov. 6] urged the U.S. Court of Appeals in Boston (1st Cir.) to reverse a decision holding that FBI agents did not violate the news media's First Amendment rights by intimidating and harassing them while covering a matter of public interest.

Journalists were kicked, punched, sprayed with mace and intimidated when an FBI agent pointed a rifle at them while trying to cover an FBI raid on a high-profile political activist in Puerto Rico in February 2006. The U.S. District Court in Puerto Rico held such acts were protected state action and did not violate the journalists' First Amendment Rights.

"The video of the attacks by law enforcement officials on the Puerto Rican journalists is shocking," said Reporters Committee Executive Director Lucy A. Dalglish. "It was clear the FBI's search of the premises was over when the media came onto the property at the invitation of one of the residents. There was no justification whatsoever for the attack on the reporters and photographers."
[RCFP]
Read more...

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