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Archive for the ‘Legal’ Category

Lest We Forget: The NSA already has backdoor access to your iPhone

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Amidst current attention on the Federal Court’s attempt to require Apple to install a backdoor allowing the FBI to access a criminal’s iPhone, may we remind ourselves of the NSA’s spectacular access to the same device using  DROPOUT JEEP:

From 2013

How The NSA Hacks Your iPhone (Presenting DROPOUT JEEP)

DROPOUT JEEP is a software implant for the Apple iPhone that utilizes modular mission applications to provide specific SIGINT functionality. This functionality includes the ability to remotely push/pull files from the device. SMS retrieval, contact list retrieval, voicemail, geolocation, hot mic, camera capture, cell tower location, etc. Command, control and data exfiltration can occur over SMS messaging or a GPRS data connection. All communications with the implant will be covert and encrypted.”

The flowchart of how the NSA makes your iPhone its iPhone is presented below:

  • NSA ROC operator
  • Load specified module
  • Send data request
  • iPhone accepts request
  • Retrieves required SIGINT data
  • Encrypt and send exfil data
  • Rinse repeat

And visually:

 

Jewel v NSA: EFF Allowed to Conduct Discovery Against Unwarranted NSA Surveillance Programs

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From:  https://www.eff.org/deeplinks/2016/02/big-victory-judge-pushes-jewel-v-nsa-forward

February 19, 2016 | By David Greene

Big Victory: Judge Pushes Jewel v. NSA Forward

We won a groundbreaking legal victory late Friday in our Jewel v. NSA case, which challenges the NSA’s Internet and telephone surveillance. Judge Jeffrey White has authorized EFF, on behalf of the plaintiffs, to conduct discovery against the NSA. We had been barred from doing so since the case was filed in 2008, which meant that the government was able to prevent us from requesting important information about how these programs worked.

This marks the first time a party has been allowed to gather factual evidence from the NSA in a case involving the agency’s warrantless surveillance. The government had fought all our requests to proceed with this lawsuit, arguing that the state secrets privilege protects it against both discovery and liability. Judge White previously rejected that argument for our statutory claims under the Wiretap Act, the Foreign Intelligence Surveillance Act, the Electronic Communications Privacy Act, and the Stored Communications Act. This ruling affirms Judge White’s previous decision and opens the door for discovery.

This is an important step forward to lifting the cloak of secrecy that has thus far shielded the NSA from judicial scrutiny, and EFF looks forward to finally getting to the nuts and bolts of this extraordinarily important lawsuit.

EFF News on Jewel v. NSA

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State Secrets Privilege trumps 4th Amendment?  Did we vote for that?

This most recent ruling was in response to the motion for partial summary judgment EFF filed in July 2014 arguing that the NSA’s backbone surveillance violates the Fourth Amendment. The government responded with its own motion for partial summary judgment, asserting several defenses, including the “state secrets” privilege, which permits judges to disregard evidence that would endanger national security if publicly released. In support of its motion, the government filed secret declarations by NSA officials that were available to Judge White, but not to us [EFF] or the public, and the judge relied on this evidence in his order.

Judge White did not rule on the legality or constitutionality of the NSA mass Internet surveillance we challenged. Rather, the court explained that the publicly available information did not paint a complete picture of how the NSA collects Internet traffic, so the court could not rule on the program without looking at information that could constitute “state secrets.”

“Because a fair and full adjudication of the Government Defendants’ defenses would require harmful disclosures of national security information that is protected by the state secrets privilege, the Court must exclude such evidence from the case,” Judge White writes in the decision. “Addressing any defenses involves a significant risk of potentially harmful effects any disclosures could have on national security.”

Full Story at:  Jewel v. NSA: Making Sense of a Disappointing Decision Over Mass Surveillance | Electronic Frontier Foundation

Also Must Read: Origin and History of the State Secrets Privilege

Written by bothernews

February 19, 2015 at 12:26 pm

Senator Rand Paul re-introduces ‘Audit the Fed’ bill

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WASHINGTON (Reuters) – Republican Senator Rand Paul, a potential 2016 presidential candidate, on Wednesday re-introduced a bill that would expose the Federal Reserve’s monetary policy discussions and decisions to a congressional audit.

The Fed fears that a full GAO audit would reveal too much detail of monetary policy decisions made by the Federal Open Market Committee. Fed officials have said such exposure would complicate their public communications, hurt their credibility and stoke financial market volatility. The central bank also fears that efforts to impinge on its independence would hurt U.S. monetary policy.

Full Story:  Senator Rand Paul re-introduces ‘Audit the Fed’ bill – Yahoo News Canada

Written by bothernews

January 29, 2015 at 12:45 am

Federal Court Agrees with EFF, Throws Out Six Weeks of Warrantless Video Surveillance | Electronic Frontier Foundation

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December 12, 2014 | By Hanni Fakhoury 

Update: On December 15, Judge Edward Shea issued his written opinion in United States v. Vargas, which you can read here.

The public got an early holiday gift today when a federal court agreed with us that six weeks of continually video recording the frontyard of someone’s home without a search warrant violates the Fourth Amendment.

Full Story:  Federal Court Agrees with EFF, Throws Out Six Weeks of Warrantless Video Surveillance | Electronic Frontier Foundation

Written by bothernews

December 18, 2014 at 2:13 am

Automated Mass Surveillance is Unconstitutional, EFF Explains in Jewel v. NSA | Electronic Frontier Foundation

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October 24, 2014

Today EFF filed our latest brief in Jewel v. NSA, our longstanding case on behalf of AT&T customers aimed at ending the NSA’s dragnet surveillance of millions of ordinary Americans’ communications. The brief specifically argues that the Fourth Amendment is violated when the government taps into the Internet backbone at places like the AT&T facility on Folsom Street in San Francisco.

Full Story:  Automated Mass Surveillance is Unconstitutional, EFF Explains in Jewel v. NSA | Electronic Frontier Foundation

 

[NOTE:]

Fourth Amendment to the Constitution of the United States of America:

The right of the people to be secure in their persons, houses, papers, and effects,

against unreasonable searches and seizures, shall not be violated,

and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation,

and particularly describing the place to be searched, and the persons or things to be seized

Written by bothernews

October 26, 2014 at 5:27 pm