Monday, May 25, 2015

USA Freedom Act - Extension of Patriot Act -- both misnomers!

I just signed an online petition against mass surveillance -- will you?
I also wrote my congressman asking him to oppose the USA FREEDOM Act, which would reauthorize the PATRIOT Act. What do you think? Would you also write Congress? Sign a petition? See this link:http://act.credoaction.com/sign/usa_freedom_2015_2/…
I understand we need to use every tool possible to stop terrorism, and using modern eavesdropping & communication tools have got to be a part of our defense. My objection to the law is that there is not adequate oversight of the whole process. The oversight needs to have an open process, not "secret court and judges." If any Government agency wants to obtain metadata or communications related to an American Citizen, it should be approved by a legitimate, accountable judge, or panel of judges. The decision needs to be documented. The judges need to be rotated with a reasonable rotation rate (3 year appointment) and should be required to have served a minimum of 3 years as a Federal Judge. Yes the identity of those judges could be secret while they are empaneled, but their names should be released within a year after their term expires, so the public knows who they are. All decisions made by this "secret court" should be made public after 7 years. It seems to me that all US Citizens who have been targets of such surveillance should be informed either when the data is made public, or some time after. Exceptions could be made on a case-by-case standpoint, but only if approved by another court-approved Federal Judge.   There probably also needs to be some "teeth" such as penalties, fines, or jail time for anyone who misuses these capabilities.  It is probably just a matter of time until some politician uses collected metadata or communications from a political opposition group as a tool to either embarrass or blackmail for political gain.
These many metadata databases (including those created by local police using "stingray" listening devices) should also be available for use by defendants. For example, if the Government says that their data shows you were located at the scene of a terrorist act based upon their data, you should be permitted to query that same database to prove you weren't there. Right now, it is all "secret." and you have no rights to review their data. 
I understand that the agencies would like to work quickly and quietly without supervision.  Nobody likes to be held up on their job, and nobody really wants supervision.  I believe adequate supervision could be provided with totally online connections.  Judges could review cases online and render opinions.  All could be done using very secure, dedicated, encrypted communication systems.
I also object to the names given to either of the acts: The act has nothing to do with patriotism or freedom. More correctly, it refers to the exact opposite: despotism and loss of rights.

Tuesday, May 19, 2015

N.S.A.: “Not (So) Secret Anymore” : Joel Brenner

I saw an article by Ken Dilanian, Associated Press, that said that Joel Brenner, a former NSA Inspector General from 2002-2008 also thought that that NSA's telephone records grab was a big mistake.  I found he has a very detailed and descriptive blog that does present some interesting opinions about the collection of data.

N.S.A.: “Not (So) Secret Anymore” : Joel Brenner

I agree with a lot of his thoughts and recommendations.  I believe we have the exact same problem with the Stingray and other listening and tracking systems that are currently being used by the FBI, Border Patrol, Police Departments and DEA.  Who "Polices the Police" in using these modern listening & tracking systems?  If the NSA Inspector General was unable to "police" the NSA when that agency was doing illegal listening and tracking, how can anyone monitor and discipline use of the thousands of other tracking systems deployed around the country.