Feds Move to Break Voting-Machine Monopoly: Via Threat Level.

Citing anti-competitive concerns, the Justice Department sued Election Systems & Software in order to force the company to divest itself of the voting machine assets it obtained from Premier Election Solutions last year.

The department’s Antitrust Division, along with nine state attorneys general, filed the civil antitrust lawsuit (.pdf) in U.S. District Court in Washington, D.C., charging that the acquisition threatened competition. The department proposed a settlement that, if accepted, would dissolve the merger and force ES&S to sell its Premier business to a buyer approved by the Justice Department.

“The proposed settlement (.pdf) will restore competition, provide a greater range of choices and create incentives to provide secure, accurate and reliable voting equipment systems now and in the future,” said Molly S. Boast, deputy assistant attorney general for the Antitrust Division in a statement. [ Read more ... ]

The Cell Phone Network: Law Enforcement's Surveillance Dream: Via Blog of Rights: Official Blog of the American Civil Liberties Union.

Yesterday, WNYC's On the Media (OTM) profiled our cell phone tracking case. In this case, the ACLU, Center for Democracy and Technology and the Electronic Frontier Foundation (EFF) asked the court to require that the government at least show probable cause before it can ask a wireless provider to fork over information about your whereabouts using GPS or cell tower tracking via your cell phone. We won in the district court (PDF); the government appealed that decision to the 3rd Circuit. [ Read more ... ]

FBI Tracks Suspects' Cell Phones Without a Warrant: Via Newsweek.com .

Law enforcement is tracking Americans' cell phones in real time—without the benefit of a warrant.

But many federal magistrates—whose job is to sign off on search warrants and handle other routine court duties—were spooked by the requests. Some in New York, Pennsylvania, and Texas balked. Prosecutors "were using the cell phone as a surreptitious tracking device," said Stephen W. Smith, a federal magistrate in Houston. "And I started asking the U.S. Attorney's Office, 'What is the legal authority for this? What is the legal standard for getting this information?' "

Those questions are now at the core of a constitutional clash between President Obama's Justice Department and civil libertarians alarmed by what they see as the government's relentless intrusion into the private lives of citizens. [ Read more ... ]

Court Keeps White House Spy Docs Secret: Via Threat Level.

A federal appellate panel on Tuesday blocked a court order requiring disclosure of e-mail between the White House, Justice Department, National Security Agency and Office of the Director of National Intelligence — communications that paved the way for new spy legislation.

The 2008 messages were a precursor to legislation that year to kill litigation against the nation’s carriers for funneling Americans’ communications to the National Security Agency without warrants.

The decision by the 9th U.S. Circuit Court of Appeals reverses a California judge who ordered disclosure of those e-mails and the names of telco company lobbyists who pushed for the legislation. The Electronic Frontier Foundation, a civil rights group in San Francisco, sought the e-mail and lobbyist information under a Freedom of Information Act claim. [ Read more ... ]

EFF Fights for Cell Phone Users' Privacy in Thursday Hearing: Via EFF.org Updates.

Philadelphia - The Electronic Frontier Foundation (EFF) will be arguing this Thursday before the U.S. Court of Appeals for the 3rd Circuit in Philadelphia, urging the court to block a government attempt to seize telephone company records detailing a cell phone user's past locations without first getting a search warrant. [ Read more ... ]

Authors Guild: ‘To RIAA or Not to RIAA’: Via Threat Level.

There’s equal reason to support or object to the proposed Google Books settlement.

Creating a digital catalog of the worlds’ words might be the Holy Grail of intellectual empowerment.

Yet building that library in the clouds would be allowed without the rights-holders’ consent — which the Justice Department and others contend is a complete and fundamental alteration of copyright law.

The Authors Guild is backing the settlement in hopes of creating a new and legitimate book-selling venue. In a message to members Friday, it supported the development of a digital marketplace for the world’s words as a counter to digital piracy.

What’s more, the group noted it didn’t want to be like the Recording Industry Association of America. The labels’ lobbying and litigation arm has sued thousands of individuals and music-trading sites — lawsuits that have not dented the illegal, pirated-music marketplace. [ Read more ... ]

Police want backdoor to Web users' private data: Via Politics and Law - CNET News.

Anyone with an e-mail account likely knows that police can peek inside it if they have a paper search warrant.

But cybercrime investigators are frustrated by the speed of traditional methods of faxing, mailing, or e-mailing companies these documents. They're pushing for the creation of a national Web interface linking police computers with those of Internet and e-mail providers so requests can be sent and received electronically.

CNET has reviewed a survey scheduled to be released at a federal task force meeting on Thursday, which says that law enforcement agencies are virtually unanimous in calling for such an interface to be created. Eighty-nine percent of police surveyed, it says, want to be able to "exchange legal process requests and responses to legal process" through an encrypted, police-only "nationwide computer network." (See one excerpt and another.) [ Read more ... ]

Courts, Congress Shun Addressing Legality of Warrantless Eavesdropping: Via Threat Level.

Heads spun four years ago this weekend, when AT&T was accused of funneling every one of its customers’ electronic communications to the National Security Agency — without warrants.

A Jan. 31, 2006, lawsuit alleged major violations of the Fourth Amendment right to be free from warrantless searches and seizures. Such a sweeping breach seemed far-fetched.

Yet months after the lawsuit was lodged, the Electronic Frontier Foundation produced internal AT&T documents allegedly outlining secret rooms in AT&T offices connected to the NSA, which was siphoning all internet traffic, from e-mails to Voice Over Internet Protocol phone conversations.

But four years and a mountain of court briefs and rulings later, the legal system has never addressed the merits of the allegations — and likely never will. Even Congress has weighed in and passed legislation to prevent the allegations from being heard.

And many — including the former AT&T technician who produced the documents in the case and the EFF — believe the alleged dragnet surveillance program continues unabated today.

“Nothing has stopped the dragnet,” said Cindy Cohn, the EFF’s legal director, whose case had grown to include all of the nation’s leading internet service providers. [ Read more ... ]

EFF Plans Appeal of Jewel v. NSA Warrantless Wiretapping Case: Via EFF.org Updates.

San Francisco - A federal judge has dismissed Jewel v. NSA, a case from the Electronic Frontier Foundation (EFF) on behalf of AT&T customers challenging the National Security Agency's mass surveillance of millions of ordinary Americans' phone calls and emails.

"We're deeply disappointed in the judge's ruling," said EFF Legal Director Cindy Cohn. "This ruling robs innocent telecom customers of their privacy rights without due process of law. Setting limits on Executive power is one of the most important elements of America's system of government, and judicial oversight is a critical part of that." [ Read more ... ]

Author of Torture, Spy Memos Was Just Doing His Job: Via Threat Level.

The government lawyer who wrote memos authorizing the Bush administration to engage in torture and warrantless surveillance says he was just doing his job, according to a recent interview.

Asked by the New York Times if he regretted writing the torture memos, former Deputy Assistant Attorney General John Yoo replied, “No, I had to write them. It was my job. As a lawyer, I had a client. The client needed a legal question answered.”

Yoo, whose memos offered the government legal justification for its actions, said his client was former President Bush and the U.S. government as a whole. The Times asked whether it wasn’t the case that the U.S. people was his client, and not the president. Yoo replied, “If there’s a conflict between the president and the Congress, then you have to pick one or the other.” [ Read more ... ]

Court: Feds Can Hide Alleged Spying on Gitmo Lawyers: Via Threat Level.

A federal appeals court on Wednesday upheld the government’s refusal to admit or deny it has documents related to warrantless eavesdropping on Guantanamo Bay detainees and their lawyers.

In doing so, the 2nd U.S. Circuit Court of Appeals accepted a little-known defense called the Glomar doctrine. The doctrine, the court ruled, allows the National Security Agency to refuse to acknowledge to the lawyers suing under the Freedom of Information Act that there are any documents responsive to allegations their clients had been or are being targeted under the Terrorist Surveillance Program adopted following the 2001 terror attacks.

“Confirming or denying the mere existence of specific records in a general surveillance program would logically be both confirming or denying that the NSA was targeting a specific individual and confirming or denying that the NSA is conducting a general surveillance program,” (.pdf) the New York-based appellate court wrote Wednesday. [ Read more ... ]

Heartland hacker pleads guilty in third case: Via Computerworld Cybercrime/Hacking News.

The hacker who enabled the theft of millions of credit card numbers has pleaded guilty to two counts of conspiracy and will receive a prison term of at least 17 years.

Albert Gonzalez, the hacker, has already pleaded guilty in two other cases related to the theft. As part of his plea agreement in those cases, in Boston and New York, he agreed to ask for no less than 15 years in prison and the government agreed to ask for no more than 25 years. [ Read more ... ]

FBI Linguist Guilty of Leaking Classified Documents to Blog: Via Threat Level.

An Israeli-American lawyer who worked as an FBI linguist pleaded guilty Thursday to providing an unidentified blogger with classified documents derived from U.S. communications intelligence.

Shamai Kedem Leibowitz, 39, of Silver Spring, Maryland, pleaded to one felony count of disclosing to an unauthorized party five documents that were classified “secret” that he obtained through his work with the FBI.

Leibowitz leaked the documents to the unnamed blogger in April 2009. The blogger — identified as “Recipient A in court filings — then wrote a post based on the classified documents.

“As a trusted member of the FBI ranks, Leibowitz abused the trust of the FBI and the American public by using his access to classified information for his own purposes,” said FBI Special Agent in Charge Richard A. McFeely in a press release. [ Read more ... ]

Lawsuit Challenging Unconstitutional Spying Should Be Reinstated, Says ACLU: Via American Civil Liberties Union.

FISA Amendments Act Must Be Subject To Judicial Review

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org

NEW YORK – The American Civil Liberties Union filed a brief late Wednesday arguing that its lawsuit challenging an unconstitutional government spying law should be reinstated. The ACLU and the New York Civil Liberties Union filed the landmark lawsuit in July 2008 to stop the government from conducting surveillance under the FISA Amendments Act (FAA), which gives the executive branch virtually unchecked power to collect Americans' international e-mails and telephone calls by the millions, without a warrant and without suspicion of any kind.

"Allowing this case to move forward is essential to protecting innocent Americans' e-mail and telephone communications from dragnet, suspicionless government monitoring," said Jameel Jaffer, Director of the ACLU National Security Project. "Without court oversight, individual privacy rights are left to the mercy of the political branches. The courts have not only the authority but also the obligation to ensure that individual rights are not trampled by overbroad surveillance laws." [ Read more ... ]

District Court Finds Personal E-Mail From Work Still Privileged: Via The BLT: The Blog of Legal Times.

A federal prosecutor has won his fight to conceal e-mails he sent to his attorney over the government’s computers, contradicting a popular belief that employees have no expectation of privacy on work computers.

The U.S. District Court for the District of Columbia ruled on Dec. 10 that Assistant U.S. Attorney Jonathan Tukel had a reasonable expectation of privacy in those e-mails because federal prosecutors were allowed to use work e-mail for personal matters. Therefore Tukel’s messages to his private lawyer sent from work are covered by the attorney-client privilege and can remain confidential.

Read Original Article:(Via The BLT: The Blog of Legal Times.)

Court Rejects Request to Consolidate TJX Hacker Cases: Via Threat Level.

A federal judge in Massachusetts has rejected a request from U.S. attorneys to consolidate a New Jersey case against Albert Gonzalez, who has admitted hacking more than 120 million credit card numbers from Heartland Payment Systems, with two other cases against him in Massachusetts.

Gonzalez, a former Secret Service informant known by the online nicks “segvec” and “Cumbajohnny,” was charged in New Jersey in August with stealing more than 130 million debit and credit cards. The feds say Gonzalez, along with two unnamed Russian hackers, stole the card from New Jersey-based card processor, Heartland Payment Systems, and networks for Hannaford Brothers, 7-Eleven and two other unnamed national retailers. [ Read more ... ]

Yahoo, Verizon: Our Spy Capabilities Would ‘Shock’, ‘Confuse’ Consumers: Via Threat Level.

Want to know how much phone companies and internet service providers charge to funnel your private communications or records to U.S. law enforcement and spy agencies?

That’s the question muckraker and Indiana University graduate student Christopher Soghoian asked all agencies within the Department of Justice, under a Freedom of Information Act (FOIA) request filed a few months ago. But before the agencies could provide the data, Verizon and Yahoo intervened and filed an objection on grounds that, among other things, they would be ridiculed and publicly shamed were their surveillance price sheets made public.

Yahoo writes in its 12-page objection letter (.pdf), that if its pricing information were disclosed to Soghoian, he would use it “to ’shame’ Yahoo! and other companies — and to ’shock’ their customers.” [ Read more ... ]

Obama Wants Computer Privacy Ruling Overturned: Via Threat Level.

The Obama administration is seeking to reverse a federal appeals court decision that dramatically narrows the government’s search-and-seizure powers in the digital age.

Solicitor General Elena Kagan and Justice Department officials are asking the 9th U.S. Circuit Court of Appeals to reconsider its August ruling that federal prosecutors went too far when seizing 104 professional baseball players’ drug results when they had a warrant for just 10.

The 9th U.S. Circuit Court of Appeals’ 9-2 decision offered Miranda-style guidelines to prosecutors and judges on how to protect Fourth Amendment privacy rights while conducting computer searches.

Kagan, appointed solicitor general by President Barack Obama, joined several U.S. attorneys in telling the San Francisco-based court Monday that the guidelines are complicating federal prosecutions in the West. [ Read more ... ]

Senate Panel: 80 Percent of Cyber Attacks Preventable: Via Threat Level.

If network administrators simply instituted proper configuration policies and conducted good network monitoring, about 80 percent of commonly known cyber attacks could be prevented, a Senate committee heard Tuesday.

The remark was made by Richard Schaeffer, the NSA’s Information Assurance Director, who added that simply adhering to already known best practices would sufficiently raise the security bar so that attackers would have to take more risks to breach a network, “thereby raising [their] risk of detection.”

The Senate Judiciary Subcommittee on Terrorism, Technology and Homeland Security heard from a number of experts offering commentary on how the government should best tackle securing government and private-sector critical infrastructure networks. [ Read more ... ]

Salon Radio: Rep. Jerry Nadler on State Secrets Act: Via Salon: Glenn Greenwald.

Last Friday, the House Judiciary Committee, by a vote of 18-12, approved a bill entitled The State Secret Protection Act of 2009, which, if enacted, would be the first law ever to regulate and limit the President's ability to use the "state secrets privilege" to compel the dismissal of lawsuits that allege lawbreaking by executive branch officials.  The bill was first introduced in 2007 in response to the Bush administration's radical abuse and expansion of the privilege, and was re-introduced earlier this year in response to the Obama administration's identical abuses.

The lead House sponsor of the bill is Rep. Jerry Nadler of New York, the Chair of the Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties.  He's my guest today on Salon Radio to discuss why these limits are so imperative, how the Obama DOJ has been abusing the privilege, and why internal, voluntary DOJ safeguards are inadequate.  [ Read more ... ]

A court decision that reflects what type of country the U.S. is: Via Salon: Glenn Greenwald.

It's not often that an appellate court decision reflects so vividly what a country has become, but such is the case with yesterday's ruling by the Second Circuit Court of Appeals in Arar v. Ashcroft (.pdf).  Maher Arar is both a Canadian and Syrian citizen of Syrian descent.  A telecommunications engineer and graduate of Montreal's McGill University, he has lived in Canada since he's 17 years old.  In 2002, he was returning home to Canada from vacation when, on a stopover at JFK Airport, he was (a) detained by U.S. officials, (b) accused of being a Terrorist, (c) held for two weeks incommunicado and without access to counsel while he was abusively interrogated, and then (d) was "rendered" -- despite his pleas that he would be tortured -- to Syria, to be interrogated and tortured.  He remained in Syria for the next 10 months under the most brutal and inhumane conditions imaginable, where he was repeatedly tortured.  Everyone acknowledges that Arar was never involved with Terrorism and was guilty of nothing.  I've appended to the end of this post the graphic description from a dissenting judge of what was done to Arar while in American custody and then in Syria. [ Read more ... ]

Two Battles Won: PATRIOT Reform AND State Secrets Reform Bills Pass House Committee: Via EFF.org Updates.

After a long two days of legislative battle, the House Judiciary Committee just finished its second day of debate on Chairman Conyers' PATRIOT reform bill, HR 3845 (see our wrap-up of the first day). Thanks in no small part to those of you who used our action alert, the Committee rejected almost all amendments that would have weakened the bill's reforms and voted to recommend the bill to the House floor by a vote of 16 to 10.

Even better, the Committee kept going after it was finished with PATRIOT to consider Representative Nadler's State Secret Protection Act (HR 984), which would reform the state secrets privilege that the government has repeatedly used to try and throw EFF's warrantless wiretapping cases out of court. After an impassioned defense by Mr. Nadler, who described how the government has used the privilege like a "magic incantation" to cover-up wrongdoing and warned that state secrecy "is the greatest threat to liberty at present," the bill passed with even better numbers than the PATRIOT bill, 18 to 12! [ Read more ... ]

New York Court Scores Over Oregon In Recent Email Privacy Opinions: Via EFF.org Updates.

Last week, two new district court opinions took opposing views on the question of whether the Fourth Amendment protects stored email. One of the cases easily adopted the prevailing view that the Constitution protects electronic communications, while the other ignored existing U.S. Supreme Court and Ninth Circuit precedent to find consumers have no expectation of privacy in messages stored with third parties. EFF will be watching these developments closely as we continue to press for email privacy rights in the Sixth Circuit Court of Appeals in U.S. v. Warshak and in other matters.

Email -- like letters, telephone calls or documents you keep in a rented locker -- should be fully protected by the Fourth Amendment. As with letters, calls or rented property, your expectation of privacy against the government does not weaken simply because you entrust the document to a third party for delivery or storage. [ Read more ... ]

House Patriot Act Bill Draws Broad Support On Account of National Security Letter Fix: Via CDT - PolicyBeta.

A coalition of 20 civil liberties organizations, including the Center for Democracy & Technology, released a letter today endorsing H.R. 3845, the USA Patriot Amendments Act. The bill was introduced by the Chairman of the House Judiciary Committee, Rep. John Conyers (D-MI) and Subcommittee Chairs Rep. Jerrold Nadler (D-NY) and Rep. Bobby Scott (D-VA). The Senate version of the legislation, the PATRIOT Act Sunset Extension Act, S. 1692, has not drawn a similar level of support in the civil liberties community, largely because of the different ways the bills deal with National Security Letters. CDT has prepared a chart that compares the two bills.

An NSL is a simple form document issued by the FBI and other intelligence agencies that requires Internet Service Providers, banks and other financial institutions, and credit agencies to turn over records about their customers. There is no judicial authorization; the letters are issued when the agency seeking the records decides that they are relevant to its own investigation. The letters are usually accompanied by a “gag” order that, with limited exceptions, bars anyone from disclosing that information was sought or obtained with an NSL. Two Inspector General reports have found widespread abuse and misuse of NSLs. [ Read more ... ]

Once Again, Government Moves to Delay Release of Telecom Lobbying Documents: Via EFF.org Updates.

This evening, the Director of National Intelligence and the Department of Justice filed yet another emergency motion with the Ninth Circuit, asking for a stay of the deadline to release telecom immunity lobbying documents, less than 24 hours before the documents are due to be released to the public.

Almost simultaneously, a report appeared on Politico.com, claiming that the government will be releasing some documents, while fighting in court to hide the remainder. Despite this report, the government's motion seeks to delay disclosure of all the documents, and no new documents have been released just yet.

For those following this saga, this is deja vu all over again. [ Read more ... ]