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<title>Techdirt. Stories filed under &quot;dhs&quot;</title>
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<pubDate>Thu, 9 May 2013 15:18:04 PDT</pubDate>
<title>FBI Didn't Even Inform Fusion Center About Tamerlan Tsarnaev</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130508/17354123014/fbi-didnt-even-inform-fusion-center-about-tamerlan-tsarnaev.shtml</link>
<guid>http://www.techdirt.com/articles/20130508/17354123014/fbi-didnt-even-inform-fusion-center-about-tamerlan-tsarnaev.shtml</guid>
<description><![CDATA[ Last year we noted that a Congressional investigation revealed that Homeland Security's "anti-terrorism fusion centers" <a href="http://www.techdirt.com/articles/20121002/22020120576/congressional-investigation-slams-dhs-anti-terror-centers-wasted-taxpayer-funds-created-no-useful-intelligence-violated-civil.shtml">were a complete joke</a>.  They created <i>no useful intelligence</i>, even though they cost a ton of taxpayer money, and they regularly violated American's civil liberties.  In the wake of the Boston bombings, then, it might be useful to wonder how much the local fusion centers were involved in the process -- especially since the FBI had been aware of Tamerlan Tsarnaev and had interviewed him.  Well... it turns out that the FBI <a href="http://www.privacysos.org/node/1053" target="_blank">didn't bother to share that with the fusion center</a>.  The FBI <i>did</i> share info with state and local police, but not with the fusion center:
<blockquote><i>
A spokeswoman for the Boston Police Department said the Boston Regional Intelligence Center [] was never notified about the FBI investigation.
<br /><br />
In response, FBI supervisory Agent Jason Pack e-mailed a statement suggesting that state and local officials had ample access to information about the Tsarnaev investigation in 2011, through their participation in an FBI unit in Boston, the Joint Terrorism Task Force.
</i></blockquote>
Once again, this has people wondering why we have these fusion centers in the first place.
<blockquote><i>
If the FBI&#8217;s investigatory work with state and locals on terrorism is situated at the JTTFs, as it appears to be, what useful purpose do fusion centers serve with respect to terrorism? The jury is out on that question. But we know a bit about some non-terrorism related activities at the BRIC.
<br /><br />
A public records lawsuit in 2011 showed that the Boston Regional Intelligence Center, like other fusion centers nationwide, devoted resources and time to <a href="http://aclum.org/policing_dissent">spying on perfectly peaceful dissenters</a> like Veterans for Peace and Code Pink.
</i></blockquote>
Perhaps the FBI only makes use of the fusion centers when stopping some of its <a href="http://www.techdirt.com/articles/20130208/12264121921/fbi-stops-yet-another-its-own-terrorist-threats.shtml">self-created</a> terrorist plots.<br /><br /><a href="http://www.techdirt.com/articles/20130508/17354123014/fbi-didnt-even-inform-fusion-center-about-tamerlan-tsarnaev.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130508/17354123014/fbi-didnt-even-inform-fusion-center-about-tamerlan-tsarnaev.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130508/17354123014/fbi-didnt-even-inform-fusion-center-about-tamerlan-tsarnaev.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>perhaps-they-only-do-that-with-their-own-plots</slash:department>
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<pubDate>Fri, 19 Apr 2013 07:05:40 PDT</pubDate>
<title>Former DHS Official Says Boston Bombing Proves ACLU &#038; EFF Are Wrong About Surveillance And CISPA</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20130418/19421722759/former-policy-secretary-dhs-uses-boston-bombing-to-point-out-how-eff-aclu-are-wrong-about-surveillance-cispa.shtml</link>
<guid>http://www.techdirt.com/articles/20130418/19421722759/former-policy-secretary-dhs-uses-boston-bombing-to-point-out-how-eff-aclu-are-wrong-about-surveillance-cispa.shtml</guid>
<description><![CDATA[ <p>
There have been a lot of kneejerk reactions to the Boston Marathon bombing. Between <a href="http://www.techdirt.com/articles/20130416/11521022726/rep-steve-king-because-boston-bombing-may-have-been-done-immigrant-we-should-block-immigration-reform.shtml" target="_blank">certain politicians</a> and pundits quickly turning the horrific event into makeshift planks to support their <a href="http://www.rawstory.com/rs/2013/04/17/gohmert-radical-muslims-being-trained-to-come-in-and-act-like-hispanics/" target="_blank">pet legislation</a>/<a href="http://www.rawstory.com/rs/2013/04/16/the-five-weirdest-boston-bombing-conspiracy-theories-yet/" target="_blank">conspiracy theories</a> and the New York Post cranking out reports so "exclusive" they <a href="http://www.huffingtonpost.com/2013/04/18/ny-post-boston-suspects-bag-men-front-page_n_3109052.html" target="_blank">weren't even <i>true</i></a>, the internet and airwaves have been filled with the sort of stupidity we've sadly come to expect when tragedy strikes.
<br /><br />
Then something comes along that swaggers right up to you and punches you in the face with its breathtaking imbecility. This is Stewart Baker's "contribution" to the national discussion, <a href="http://www.volokh.com/2013/04/18/fool-me-once/" target="_blank">filed over at the otherwise esteemed Volokh Conspiracy under the heading "Fool Me Once..."</a>
<br />
<center><img alt="" src="http://i.imgur.com/4Gu1DT7.jpg" style="width: 500px; height: 375px;" /></center>
<br />
When people say, "The stupid! It burns!" they're usually referring to garden variety stupidity or the occasional bit of advanced moronics that momentarily derails entire comment threads. This thing that Baker has cobbled together out of the stuff he likes best -- surveillance and <i>more</i> surveillance -- towers over other moments of burning stupid like a Wicker Man made entirely from straw. The stupid here doesn't simply burn. It immolates the rational person's mind, replacing coherent arguments with searing, nightmarish pain that reduces responses to stunted internet-native declarations like "wat."
<br /><br />
Baker wants us to believe that the EFF and the ACLU are wrong... in both instances. What it actually shows is the EFF/ACLU's consistency on these issues. Unless Baker has heard otherwise, the EFF and ACLU are still <i>against</i> widespread surveillance (along with CISPA). This event, as terrible as it was, doesn't change that stance.
<br /><br />
Only someone like Baker, <a href="http://www.steptoe.com/professionals-762.html" target="_blank">a former DHS "company man"</a> and freelance contributor to the <a href="http://www.popehat.com/2012/11/27/the-volokh-conspiracy-turned-into-a-tsa-porn-site-so-gradually-i-hardly-noticed/" target="_blank">underdeveloped "TSA porn" genre</a>, would take the stance that the FBI's release of camera footage capturing the two bombing suspects' images justifies the massive amount of surveillance many in this country are subjected to in nearly every public space. (His take conveniently ignores the fact that the stills posted by the FBI appear to have been <a href="http://www.volokh.com/2013/04/18/fool-me-once/#comment-867483429" target="_blank">captured by cameras</a> deployed by <i>private businesses</i>.)
<br /><br />
Only someone who seems to detest the actions of privacy advocates would insinuate through a disingenuous headline ("<i>What they said about street cameras <b>before</b> the bombing</i>") that the EFF and ACLU <i>would</i> change their views on surveillance <i>after</i> an event like this. They won't. Only fair-weather friends of Constitutional rights and civil liberties change their stances after a tragedy like this. (See also: EVERYTHING THE GOVERNMENT HAS ENACTED SINCE SEPT. 11, 2001 THAT DEALS WITH NATIONAL "SAFETY" OR "SECURITY.")
<br /><br />
And only someone who knows CISPA is a purposely flawed bill aimed at giving the government even more control and surveillance powers would have the gall to cheapen this tragedy by attempting to equate the two using a bullshit "conclusion" hastily MS Painted together and dropped unceremoniously into the blogosphere like a flaming bag of foul-smelling rhetoric on the doormat.
<br /><br />
One question, though, Stewart, tied into Boston Marathon as you've done with yours: all of this surveillance, all these increased security measures, all this warrantless wiretapping, all these pat downs and scans at the airport, all of these drones flying all over the world, all these double-secret interpretations of super-secret laws, all of these redacted FOIA responses, all of this Cyber Pearl Harbor hand wringing, all of encroachment of the government into every aspect of American existence?
<br /><br />
What did it prevent?
</p><br /><br /><a href="http://www.techdirt.com/articles/20130418/19421722759/former-policy-secretary-dhs-uses-boston-bombing-to-point-out-how-eff-aclu-are-wrong-about-surveillance-cispa.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130418/19421722759/former-policy-secretary-dhs-uses-boston-bombing-to-point-out-how-eff-aclu-are-wrong-about-surveillance-cispa.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130418/19421722759/former-policy-secretary-dhs-uses-boston-bombing-to-point-out-how-eff-aclu-are-wrong-about-surveillance-cispa.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>call-up-OED:-'crass'-needs-to-be-redefined</slash:department>
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<pubDate>Thu, 4 Apr 2013 14:14:54 PDT</pubDate>
<title>New Evidence: Homeland Security Spied On Peaceful Protestors; Worried About Protests Getting News Coverage</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130404/03230222574/new-evidence-homeland-security-spied-peaceful-protestors-worried-about-protests-getting-news-coverage.shtml</link>
<guid>http://www.techdirt.com/articles/20130404/03230222574/new-evidence-homeland-security-spied-peaceful-protestors-worried-about-protests-getting-news-coverage.shtml</guid>
<description><![CDATA[ We just recently had a post on the head of one of Homeland Security's "Fusion Centers" (the same Fusion Centers found by a Congressional investigation to be a near total <a href="http://www.techdirt.com/articles/20121002/22020120576/congressional-investigation-slams-dhs-anti-terror-centers-wasted-taxpayer-funds-created-no-useful-intelligence-violated-civil.shtml">waste</a> of time and money, finding no terrorists, but violating the public's civil liberties) who claimed that the DHS centers did not spy on Americans, and then immediately admitted that they <a href="http://www.techdirt.com/articles/20130402/02150622543/homeland-security-fusion-center-director-were-not-spying-americans-just-anti-government-americans.shtml">spied</a> on "anti-government" Americans.
<br /><br />
The definition of "anti-government" was mostly left as an exercise to the reader.  However, in a bout of good timing, the Partnership for Civil Justice has released some new DHS documents it received via a Freedom of Information Act (FOIA) request, showing that DHS <a href="http://www.justiceonline.org/commentary/new-documents-reveal-dhs.html#documents" target="_blank">regularly spied on peaceful demonstrators and activists</a>.  Because exercising your First Amendment rights must make you one of them there "anti-government" Americans, which means the DHS is free to spy on you.
<blockquote><i>
Functioning as a secret political police force against people participating in lawful, peaceful free speech activity, the heavily redacted documents show that the DHS &#8220;Threat Management Division&#8221; directed Regional Intelligence Analysts to provide a &#8220;Daily Intelligence Briefing&#8221; that includes a category of reporting on &#8220;Peaceful Activist Demonstrations&#8221; along with &#8220;Domestic Terrorist Activity.&#8221; (p. 68)
<br /><br />
The PCJF has obtained thousands of pages of documents pursuant to its Freedom of Information Act demands and made them available for public viewing. The newly obtained  documents show coordination and intelligence monitoring by the DHS, the FBI, the NYPD and other law enforcement agencies of &#8220;Occupy-type&#8221; protests.
<br /><br />
The documents show the routine use of Fusion Centers for intelligence gathering on peaceful demonstrations as well as the use of DHS&#8217; &#8220;Mega Centers&#8221; for collection of surveillance information on demonstrations.
</i></blockquote>
And it's not just the big cities.  The new documents show that DHS is involved in spying on peaceful protesters and activists around the country.  It also shows that DHS helped local law enforcement "crack down" on the various Occupy gatherings.  But the key thing is that DHS seems to have no qualms at all about spying on anyone who disagrees with the prevailing positions of today's federal government.  And it's clearly not because they're trying to protect others from any threat of actual harm.  They seem to be focused on spying to further the goal of preventing the administration from <i>looking bad</i>:
<blockquote><i>
The documents show a Department of Homeland Security that appears obsessed with the question of whether any and all protests that are being surveilled receive media attention and coverage. Reporting within the DHS on media coverage of First Amendment protected activities, even in the smallest places, appears to be a routine part of DHS intelligence reports. None of the documents explain why media coverage of peaceful demonstrations is of interest to law enforcement or concerns &#8220;homeland security&#8221; in any way.
</i></blockquote>
That's because it doesn't concern "homeland security" at all.  It concerns the job security of those employed by Homeland Security.<br /><br /><a href="http://www.techdirt.com/articles/20130404/03230222574/new-evidence-homeland-security-spied-peaceful-protestors-worried-about-protests-getting-news-coverage.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130404/03230222574/new-evidence-homeland-security-spied-peaceful-protestors-worried-about-protests-getting-news-coverage.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130404/03230222574/new-evidence-homeland-security-spied-peaceful-protestors-worried-about-protests-getting-news-coverage.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>homeland-security?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130404/03230222574</wfw:commentRss>
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<pubDate>Wed, 3 Apr 2013 04:51:17 PDT</pubDate>
<title>Homeland Security 'Fusion' Center Director: We're Not Spying On Americans... Just Anti-Government Americans</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130402/02150622543/homeland-security-fusion-center-director-were-not-spying-americans-just-anti-government-americans.shtml</link>
<guid>http://www.techdirt.com/articles/20130402/02150622543/homeland-security-fusion-center-director-were-not-spying-americans-just-anti-government-americans.shtml</guid>
<description><![CDATA[ You may recall that, last fall, a Congressional investigation completely <a href="http://www.techdirt.com/articles/20121002/22020120576/congressional-investigation-slams-dhs-anti-terror-centers-wasted-taxpayer-funds-created-no-useful-intelligence-violated-civil.shtml">slammed</a> Homeland Security's "Fusion Centers" -- noting that despite DHS insisting that they were critical to "fighting terrorism," the actual evidence showed that they had done nothing helpful in the fight against terrorism, but were instead chock full of wasteful (possibly fraudulent) spending... and with an added dose of civil liberties violations (just for fun).
<br /><br />
Apparently, the Fusion Centers are trying to rehabilitate their own image, but they might want to send their officials to press training a bit more before sending them out into the wild.  <a href="http://reason.com/24-7/2013/04/01/fusion-centers-spy-on-anti-government-am" target="_blank">Reason</a> alerts us to an interview that the director of the Arkansas State Fusion Center <a href="http://nwahomepage.com/fulltext?nxd_id=415892" target="_blank">did with some local TV stations</a> in which he appears to completely contradict himself -- first arguing that the Fusion Centers don't spy on Americans... and then saying they spy on "anti-government" Americans.  First, there was this:
<blockquote><i>
"There's misconceptions on what fusion centers are," he says. "The misconceptions are that we are conducting spying operations on US citizens, which is of course not the fact. <b>That is absolutely not what we do</b>."
</i></blockquote>
Okay then.  We've established won't you don't do.  So, tell us, what <i>do</i> you do?
<blockquote><i>
Davis says Arkansas hasn't collected much information about international plots, but they do focus on groups closer to home.
<br /><br />
"We focus a little more on that, domestic terrorism and certain groups that are anti-government," he says. "We want to kind of take a look at that and receive that information."
</i></blockquote>
Okay, hold on a second here.  It would seem that his first statement is completely proven untrue by that second statement.  Unless he's arguing that if someone classifies you as "anti-government" then you're no longer a US citizen, which would be a rather unique (and wrong) interpretation of the Constitution.
<br /><br />
Elsewhere in the article, Davis defends what he does by playing the patriotism card, in which he can't actually explain what good he's doing, but just the fact that he's "doing something" after 9/11 is important.
<blockquote><i>
"I do what I do because of what happened on 9/11," Davis says. "There's this urge and this feeling inside that you want to do something, and this is a perfect opportunity for me." 
</i></blockquote>
This line of argument is such ridiculously lazy and dangerous thinking.  People who feel they need to "do something!" without caring as to what that something is or (more importantly) if it actually helps (or hurts) are not doing anyone any favors.  They're just bound to cause more trouble.<br /><br /><a href="http://www.techdirt.com/articles/20130402/02150622543/homeland-security-fusion-center-director-were-not-spying-americans-just-anti-government-americans.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130402/02150622543/homeland-security-fusion-center-director-were-not-spying-americans-just-anti-government-americans.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130402/02150622543/homeland-security-fusion-center-director-were-not-spying-americans-just-anti-government-americans.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>uh-that's-not-how-this-works</slash:department>
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<pubDate>Fri, 8 Mar 2013 14:01:02 PST</pubDate>
<title>9th Circuit Appeals Court: 4th Amendment Applies At The Border; Also: Password Protected Files Shouldn't Arouse Suspicion</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130308/13380622263/9th-circuit-appeals-court-4th-amendment-applies-border-also-password-protected-files-shouldnt-arouse-suspicion.shtml</link>
<guid>http://www.techdirt.com/articles/20130308/13380622263/9th-circuit-appeals-court-4th-amendment-applies-border-also-password-protected-files-shouldnt-arouse-suspicion.shtml</guid>
<description><![CDATA[ Here's a surprise ruling.  For many years we've written about how troubling it is that Homeland Security agents are able to <a href="http://www.techdirt.com/blog/?tag=border+searches">search the contents of electronic devices</a>, such as computers and phones at the border, without any reason.  The 4th Amendment only allows <i>reasonable</i> searches, usually with a warrant.  But the general argument has long been that, when you're at the border, you're not in the country and the 4th Amendment doesn't apply.  This rule has been stretched at times, including the ability to take your computer and devices into the country and search it there, while still considering it a "border search," for which the lower standards apply.  Just about a month ago, we noted that Homeland Security saw <a href="http://www.techdirt.com/articles/20130208/17415621927/homeland-security-not-searching-your-laptop-doesnt-benefit-your-civil-liberties-so-we-can-do-it.shtml">no reason</a> to change this policy.
<br /><br />
Well, now they might have to.
<br /><br />
In a somewhat surprising 9th Circuit ruling (en banc, or in front of the entire set of judges), the <a href="http://cdn.ca9.uscourts.gov/datastore/opinions/2013/03/08/09-10139.pdf" target="_blank">court ruled</a> that the <i>4th Amendment <b>does</b> apply at the border</i>, that agents do need to recognize there's an expectation of privacy, and cannot do a search without reason.  Furthermore, they noted that merely encrypting a file with a password <i>is not enough</i> to trigger suspicion.  This is a huge ruling in favor of privacy rights.
<br /><br />
The ruling is pretty careful to strike the right balance on the issues.  It notes that a <i>cursory review</i> at the border is reasonable:
<blockquote><i>
Officer Alvarado turned on the devices and opened
and viewed image files while the Cottermans waited to enter
the country. It was, in principle, akin to the search in Seljan,
where we concluded that a suspicionless cursory scan of a
package in international transit was not unreasonable.
</i></blockquote>
But going deeper raises more questions.  Looking stuff over, no problem.  Performing a forensic analysis?  That goes too far and triggers the 4th Amendment.  They note that the location of the search is meaningless to this analysis (the actual search happened 170 miles inside the country after the laptop was sent by border agents to somewhere else for analysis).  So it's still a border search, but that border search requires a 4th Amendment analysis, according to the court.
<blockquote><i>
It is the comprehensive and intrusive nature of a forensic
examination&#8212;not the location of the examination&#8212;that is the
key factor triggering the requirement of reasonable suspicion
here....
<br /><br />
Notwithstanding a traveler&#8217;s diminished expectation of
privacy at the border, the search is still measured against the
Fourth Amendment&#8217;s reasonableness requirement, which
considers the nature and scope of the search. Significantly,
the Supreme Court has recognized that the &#8220;dignity and
privacy interests of the person being searched&#8221; at the border
will on occasion demand &#8220;some level of suspicion in the case
of highly intrusive searches of the person.&#8221; Flores-Montano,
541 U.S. at 152. Likewise, the Court has explained that
&#8220;some searches of property are so destructive,&#8221; &#8220;particularly
offensive,&#8221; or overly intrusive in the manner in which they
are carried out as to require particularized suspicion. Id. at
152, 154 n.2, 155&#8211;56; Montoya de Hernandez, 473 U.S. at
541. The Court has never defined the precise dimensions of
a reasonable border search, instead pointing to the necessity
of a case-by-case analysis....
</i></blockquote>
For years, <a href="http://www.techdirt.com/articles/20110524/21472514422/think-tank-says-dhs-should-stop-laptop-border-searches.shtml">we've repeated two key arguments</a> for why border searches of laptops and other devices should be illegal.
<ul>
<li>You mostly store everything on your laptop. So, unlike a suitcase that you're bringing with you, it's the opposite. You might specifically choose what to exclude, but you don't really choose what to include.
</li><li>The reason you bring the contents on your laptop over the border is because you're bringing your laptop over the border. If you wanted the content of your laptop to go over the border you'd just send it using the internet. There are no "border guards" on the internet itself, so content flows mostly freely across international boundaries. Thus if anyone wants to get certain content into a country via the internet, they're not doing it by entering that country through border control.
</li></ul>
We'd never seen a court even seem to acknowledge that content on devices is different than contents in a suitcase... until now.  One interesting tidbit, is that they specifically note that "secure in their papers" part of the 4th Amendment, while noting that what's on your device is often like your personal "papers."
<blockquote><i>
The amount of private information carried by
international travelers was traditionally circumscribed by the
size of the traveler&#8217;s luggage or automobile. That is no
longer the case. Electronic devices are capable of storing
warehouses full of information. The average 400-gigabyte
laptop hard drive can store over 200 million pages&#8212;the
equivalent of five floors of a typical academic library....
Even a car full of packed suitcases with sensitive documents
cannot hold a candle to the sheer, and ever-increasing,
capacity of digital storage.
<br /><br />
The nature of the contents of electronic devices differs
from that of luggage as well. Laptop computers, iPads and
the like are simultaneously offices and personal diaries. They
contain the most intimate details of our lives: financial
records, confidential business documents, medical records
and private emails. This type of material implicates the
Fourth Amendment&#8217;s specific guarantee of the people&#8217;s right
to be secure in their &#8220;papers.&#8221;.... The
express listing of papers &#8220;reflects the Founders&#8217; deep concern
with safeguarding the privacy of thoughts and ideas&#8212;what
we might call freedom of conscience&#8212;from invasion by the
government.&#8221;... These records are expected to be kept
private and this expectation is &#8220;one that society is prepared to
recognize as &#8216;reasonable.&#8217;&#8221;
<br /><br />
Electronic devices often retain sensitive and confidential
information far beyond the perceived point of erasure,
notably in the form of browsing histories and records of
deleted files. This quality makes it impractical, if not
impossible, for individuals to make meaningful decisions
regarding what digital content to expose to the scrutiny that
accompanies international travel. A person&#8217;s digital life
ought not be hijacked simply by crossing a border. When
packing traditional luggage, one is accustomed to deciding
what papers to take and what to leave behind. When carrying
a laptop, tablet or other device, however, removing files
unnecessary to an impending trip is an impractical solution
given the volume and often intermingled nature of the files.
It is also a time-consuming task that may not even effectively
erase the files.
</i></blockquote>
Huh.  That last paragraph sounds a lot like my argument above.  Very cool to see a court actually recognize this basic point.  Considering it had been ignored for so long, I'd almost given up hope.
<br /><br />
In this case, they also noted that part of the forensic analysis of the computer involved restoring deleted files, and note:
<blockquote><i>
It is as if a search of a person&#8217;s suitcase could reveal not only
what the bag contained on the current trip, but everything it
had ever carried.
</i></blockquote>
The court is equally worried about the fact that the device is often just a portal to cloud based services, and how a search of a device might lead to access to that data, even if it's been snug and secure "in the cloud" the whole time, rather than crossing the border:
<blockquote><i>
With the ubiquity of cloud computing, the government&#8217;s
reach into private data becomes even more problematic.12 In
the &#8220;cloud,&#8221; a user&#8217;s data, including the same kind of highly
sensitive data one would have in &#8220;papers&#8221; at home, is held on
remote servers rather than on the device itself. The digital
device is a conduit to retrieving information from the cloud,
akin to the key to a safe deposit box. Notably, although the
virtual &#8220;safe deposit box&#8221; does not itself cross the border, it
may appear as a seamless part of the digital device when
presented at the border. With access to the cloud through
forensic examination, a traveler&#8217;s cache is just a click away
from the government.
</i></blockquote>
Of course, this doesn't mean that no searches can ever take place.  Instead, they just need to be "reasonable" and live up to the standards of the 4th Amendment.  In fact, in <i>this very case</i> they still say that there <i>was</i> "reasonable suspicion to conduct the initial search, and that appears like it may be a legitimate claim (the guy had a previous conviction for child molestation, which the agents believed -- incorrectly, but they believed it at the time -- was for child porn).  But for everyone else, where there is no reasonable suspicion, our 4th Amendment protections just got stronger (at least if you're entering the country in an area covered by the 9th Circuit (covering California, Alaska, Arizona, Hawaii, Oregon, Nevada, Washington, Idaho and Montana).
<br /><br />
There's one other important part of the ruling as well.  In discussing the "reasonable suspicion" the court agrees it was there because of the prior conviction, as well as the fact that guy was travelling from Mexico which is "a country associated with sex tourism."  However, the government also argued that password protected files gave them reasonable suspicion, and thankfully the court slaps them down:
<blockquote><i>
To these factors, the government adds another&#8212;the
existence of password-protected files on Cotterman&#8217;s
computer. We are reluctant to place much weight on this
factor because it is commonplace for business travelers,
casual computer users, students and others to password
protect their files. Law enforcement &#8220;cannot rely solely on
factors that would apply to many law-abiding citizens,&#8221;
... and password protection is
ubiquitous. National standards require that users of mobile
electronic devices password protect their files.... Computer users are routinely advised&#8212;and in
some cases, required by employers&#8212;to protect their files
when traveling overseas....
</i></blockquote>
There are some dissenting opinions, basically suggesting that this upturns more settled law, but the majority ruling makes a strong case for why the Supreme Court has actually not really directly answered this question before, but has tiptoed carefully around it.  Still, it seems likely that there will be an appeal to the Supreme Court, so this probably isn't over yet.  Hopefully, the Supreme Court will uphold this important ruling, and recognize that we don't give up our 4th Amendment rights at the border.<br /><br /><a href="http://www.techdirt.com/articles/20130308/13380622263/9th-circuit-appeals-court-4th-amendment-applies-border-also-password-protected-files-shouldnt-arouse-suspicion.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130308/13380622263/9th-circuit-appeals-court-4th-amendment-applies-border-also-password-protected-files-shouldnt-arouse-suspicion.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130308/13380622263/9th-circuit-appeals-court-4th-amendment-applies-border-also-password-protected-files-shouldnt-arouse-suspicion.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well-that's-a-surprise</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130308/13380622263</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 31 Jan 2013 12:53:00 PST</pubDate>
<title>As Expected, ICE Seizes 313 Websites In Its Role As The NFL's Private Police Force</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130131/11563521841/as-expected-ice-seizes-313-websites-its-role-as-nfls-private-police-force.shtml</link>
<guid>http://www.techdirt.com/articles/20130131/11563521841/as-expected-ice-seizes-313-websites-its-role-as-nfls-private-police-force.shtml</guid>
<description><![CDATA[ Earlier this week, we <a href="http://www.techdirt.com/articles/20130129/10471821817/feds-seize-legit-49ers-merchandise-apparently-unconcerned-about-actual-fraud-ticket-sales.shtml">predicted</a> that either today or tomorrow, we'd hear about ICE and the DOJ once again seizing a bunch of websites... and here it is.  This morning, ICE announced that it had <a href="http://www.networkworld.com/news/2013/013113-super-bowl-bust-us-takes-266308.html?hpg1=bn" target="_blank">seized another 313 websites based on its highly questionable legal theory</a> concerning taking down websites without any adversarial hearing.  Of course, lately it's moved away from doing site seizures concerning websites that deal with content/copyright issues, and focused instead on those it claims are selling counterfeit merchandise.  Along those lines, ICE announced that it arrested a few people with counterfeit Super Bowl merchandise.
<br /><br />
Of course, this is all for show.  Waiting until just a couple days before the Super Bowl is pretty ridiculous, since if people were going to buy merch, <i>they already did so</i>.  This is just ICE, once again, generating headlines for the corporations it seems to think it represents.  As is his usual MO, ICE boss John Morton <a href="http://www.huffingtonpost.com/huff-wires/20130131/fbn-super-bowl-merchandise/?utm_hp_ref=media&#038;ir=media" target="_blank">talked up just how "successful" this operation was</a>, based on his own metrics, claiming "This just takes good old-fashioned police work, people getting out on the streets." 
<br /><br />
Funny, then, that he completely leaves out the parts where they <a href="http://www.techdirt.com/articles/20130129/10471821817/feds-seize-legit-49ers-merchandise-apparently-unconcerned-about-actual-fraud-ticket-sales.shtml">seized legitimate merchandise</a> and hassled the seller.  It appears that, sometimes, ICE just isn't very good at "good old-fashioned police work."  And that's especially true when it seems to be taking orders from big companies, rather than the public it is supposed to be protecting.<br /><br /><a href="http://www.techdirt.com/articles/20130131/11563521841/as-expected-ice-seizes-313-websites-its-role-as-nfls-private-police-force.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130131/11563521841/as-expected-ice-seizes-313-websites-its-role-as-nfls-private-police-force.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130131/11563521841/as-expected-ice-seizes-313-websites-its-role-as-nfls-private-police-force.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>government-overreach</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130131/11563521841</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 29 Jan 2013 20:00:00 PST</pubDate>
<title>Feds Seize Legit 49ers Merchandise, But Apparently Unconcerned About Actual Fraud In Ticket Sales</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130129/10471821817/feds-seize-legit-49ers-merchandise-apparently-unconcerned-about-actual-fraud-ticket-sales.shtml</link>
<guid>http://www.techdirt.com/articles/20130129/10471821817/feds-seize-legit-49ers-merchandise-apparently-unconcerned-about-actual-fraud-ticket-sales.shtml</guid>
<description><![CDATA[ Sometime in the next few days -- perhaps Thursday or Friday -- expect that ICE and the DOJ will announce excitedly how they've seized another hundred or so websites that they'll claim were selling counterfeit NFL merchandise -- and maybe a couple sites that were planning to embed streams of the game.  It's become a <a href="http://www.techdirt.com/articles/20120202/12374117639/ice-seizes-300-more-sites-cant-have-people-watching-super-bowl-ads-without-permission.shtml">Super Bowl Weekend tradition</a> because the feds have nothing better to do, apparently.  Two local stories that came out this morning, however, suggest that the feds' priorities are out of whack.  According to a CBS morning radio report in San Francisco, Homeland Security <a href="https://soundcloud.com/mmasnick/feds-seize-legit-49ers" target="_blank">raided</a> a guy selling 49ers merchandise on the street corner at a gas station.  They told him that they knew he was selling counterfeit material and seized it... only to find out soon after that <a href="http://sanfrancisco.cbslocal.com/2013/01/29/sweep-for-counterfeit-49ers-gear-comes-up-empty/" target="_blank">the merchandise was legit</a>.  Way to do your research, Homeland Security:
<center>
<iframe width="300" height="166" scrolling="no" frameborder="no" src="https://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F76991783&color=ff6600&auto_play=false&show_artwork=false"></iframe>
</center>
Meanwhile, at the same time, there was actual fraud going on, as someone who spent $5,900 on Superbowl tickets on Craigslist <a href="http://www.mercurynews.com/49ers/ci_22468715/super-bowl-ticket-scam-5900-buys-go-ravens-note?source=rss" target="_blank">was scammed</a> and sent a note that just said "Goo Ravens!!! LOL" instead.
<center>
<a href="http://imgur.com/uafPtbz"><img src="http://i.imgur.com/uafPtbz.jpg" /></a>
</center>
Amazingly, the guy who sent that put a return address on the package and had spoken to the buyers a bunch on the phone.  So you would think that, perhaps instead of swooping down on legitimate vendors selling legitimate goods, perhaps law enforcement could be out there arresting folks like this scammer instead.  But, I guess that kind of stuff isn't as important to big companies like the NFL.<br /><br /><a href="http://www.techdirt.com/articles/20130129/10471821817/feds-seize-legit-49ers-merchandise-apparently-unconcerned-about-actual-fraud-ticket-sales.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130129/10471821817/feds-seize-legit-49ers-merchandise-apparently-unconcerned-about-actual-fraud-ticket-sales.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130129/10471821817/feds-seize-legit-49ers-merchandise-apparently-unconcerned-about-actual-fraud-ticket-sales.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>priorities</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130129/10471821817</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 27 Dec 2012 07:33:18 PST</pubDate>
<title>DOJ Taking Down Sites For Infringement... While Infringing Content Is Available Via Its Own Network</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121226/17212521492/doj-taking-down-sites-infringement-while-infringing-content-is-available-via-its-own-network.shtml</link>
<guid>http://www.techdirt.com/articles/20121226/17212521492/doj-taking-down-sites-infringement-while-infringing-content-is-available-via-its-own-network.shtml</guid>
<description><![CDATA[ Following on the story of IP addresses assigned to the major Hollywood studios using BitTorrent to <a href="http://www.techdirt.com/articles/20121226/02595321485/hollywood-studio-ip-addresses-sharing-hollywood-movies-via-bittorrent.shtml">distribute</a> copyright-covered works, Torrentfreak and Scaneye are back pointing out that the same thing is true of <a href="http://torrentfreak.com/exposed-bittorrent-pirates-at-the-doj-parliaments-record-labels-and-more-121226/" target="_blank">all of the major labels and various parts of the US government</a>.  That last part is interesting, because they show that IP addresses assigned to the Justice Department, Homeland Security and Congress are all being used by people to distribute popular works covered by copyright.  Here, for example, is just a snippet of the content being shared via IP addresses assigned to the Justice Department:
<center>
<a href="http://imgur.com/1DMkH"><img src="http://i.imgur.com/1DMkH.jpg" width=560 /></a>
</center>
Again, the same caveats to yesterday's article apply -- but the key issue remains.  If the big content industry folks, along with government officials in the Justice Department are using evidence like IP addresses to make their case of infringement, it would seem like they ought to clean up their own homes first.<br /><br /><a href="http://www.techdirt.com/articles/20121226/17212521492/doj-taking-down-sites-infringement-while-infringing-content-is-available-via-its-own-network.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121226/17212521492/doj-taking-down-sites-infringement-while-infringing-content-is-available-via-its-own-network.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121226/17212521492/doj-taking-down-sites-infringement-while-infringing-content-is-available-via-its-own-network.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>look-at-that</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121226/17212521492</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 14 Dec 2012 08:01:00 PST</pubDate>
<title>The DHS: Selling Fear And Uncertainty; Buying Sno-Cone Machines And Latrines-On-Wheels</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20121210/18055321342/dhs-selling-fear-uncertainty-buying-sno-cone-machines-latrines-on-wheels.shtml</link>
<guid>http://www.techdirt.com/articles/20121210/18055321342/dhs-selling-fear-uncertainty-buying-sno-cone-machines-latrines-on-wheels.shtml</guid>
<description><![CDATA[ The <a href="http://www.techdirt.com/search.php?q=dhs&#038;search=Search" target="_blank">Department of Homeland Security&#39;s</a> stated aim of protecting the US from terrorism has been used as an ends to justify a variety of "means," many of which do little more than wreak havoc on civil liberties while spending a ton of taxpayer money. All sorts of questionable "solutions" to the terrorist problem have sprung from deep within the DHS, including&nbsp;<a href="http://www.techdirt.com/blog/wireless/articles/20121114/11412221047/homeland-security-spent-430-million-to-tune-its-radios-to-new-frequency-failed.shtml" target="_blank">$430 million spent</a> on tuning its radios to a new frequency (which didn&#39;t "take"), alerting various law enforcement agencies on the dangers posed by <a href="http://www.techdirt.com/articles/20121111/18355921009/if-you-eat-something-say-something-dhs-sounds-alarm-terrorist-implications-food-trucks.shtml" target="_blank">food trucks</a> and <a href="http://www.techdirt.com/articles/20121110/17435521005/dhs-fbi-present-you-might-be-terrorist-if-hotel-guest-edition.shtml" target="_blank">hotel guests</a>, and so-called "Anti-Terror Centers" that <a href="http://www.techdirt.com/articles/20121002/22020120576/congressional-investigation-slams-dhs-anti-terror-centers-wasted-taxpayer-funds-created-no-useful-intelligence-violated-civil.shtml" target="_blank">failed to generate</a> any useful anti-terrorist intelligence.<br />
<br />
The above list is but a mere sampling of the wasteful and useless "programs" created under the DHS&#39; purview. Now, a <a href="http://info.publicintelligence.net/SenatorCoburn-UASI.pdf" target="_blank">new report [PDF]</a> by Sen. Coburn is exposing <a href="http://publicintelligence.net/coburn-uasi-waste-report" target="_blank">even more wasted tax dollars and questionable actions by the DHS</a>. "Safety At Any Price: Assessing the Impact of Homeland Security Spending in U.S. Cities" was published earlier this month by Coburn&#39;s office and is addressed to the taxpayers.<br />
<br />
In the opening statement, Coburn points out that throwing money at the "problem" isn&#39;t working.
<blockquote>
<i>We cannot secure liberty and guarantee security simply by spending more and more money in the name of security. Every dollar misspent in the name of security weakens our already precarious economic condition, indebts us to foreign nations, and shackles the future of our children and grandchildren... We can only defend our freedoms by ensuring the dollars we spend on security are done so in a fiscally responsible manner, meet real needs, and respect the very rights we are aiming to preserve and protect.</i></blockquote>
Making a point about the rights that have been steadily sacrificed in the name of "security" over the past decade-plus is a step in the right direction. Sacrificing liberty for security isn&#39;t popular with US citizens, but we have been given little choice but to keep funding the very machinery that endeavours to remove our rights. Attempting to dig deeper into the damage being done usually results in the invocation of "<a href="http://www.techdirt.com/articles/20111230/00522317232/retroactive-immunity-govt-warrantless-wiretapping-deemed-constitutional-suit-against-govt-lives.shtml" target="_blank">state secrets</a>" and <a href="http://www.techdirt.com/articles/20120127/09220417564/things-you-learn-when-you-send-freedom-information-act-request-about-what-govt-knows-about-you.shtml" target="_blank">FOIA requests</a> are delayed, dodged or <a href="http://www.techdirt.com/articles/20121119/11130221094/nsa-releases-heavily-redacted-talking-points-say-its-hard-to-watch-public-debate-its-efforts.shtml" target="_blank">redacted to the point of abstraction</a>.<br />
<br />
Coburn&#39;s report deals with both issues, the rights erosion and the reckless spending. He points out that recent cuts to the program, trimming its coverage of major cities roughly in half, have resulted in some aggressive lobbying to restore funding to its previous levels. But, after reading what the money was being spent on, it&#39;s a wonder the funding wasn&#39;t pulled sooner.
<blockquote>
<i>The results of the investigation find that taxpayer money spent on homeland security grant programs has not always been spent in ways obviously linked to terrorism or preparedness. <b>Importantly, this does not mean money was spent outside the bounds of what was allowed</b>. The decision by officials in Michigan to purchase 13 sno-cone machines and the $45 million that was spent by officials in Cook County, Illinois on a failed video surveillance network have already garnered national attention as examples of dubious spending. Both were defended or promoted by DHS.</i><br />
<br />
<i>Other examples have not received as much attention. Columbus, Ohio recently used a $98,000 UASI grant to purchase an &ldquo;underwater robot.&rdquo; Local officials explained that it would be used to assist in underwater rescues.</i><br />
<br />
<i>Keene, New Hampshire, with a population just over 23,000 and a police force of 40, set aside UASI funds to buy a BearCat armored vehicle. Despite reporting only a single homicide in the&nbsp;prior two years, the City of Keene told DHS <b>the vehicle was needed to patrol events like its&nbsp;annual pumpkin festival</b>.</i></blockquote>
Thirteen sno-cone machines and an armed vehicle capable of protecting a town from the terrors of the local pumpkin festival. Any study of government waste will turn up examples of "blank check" spending, where money is thrown at any number of ridiculous purchases simply because the money was available to spend. Just as common is the fact that no one of any import ever seems to question the money being spent <i>before</i> it&#39;s actually spent. Any sort of reflection on the waste is almost always limited to hindsight.<br />
<br />
More disturbing than sno-cones and festivals patrolled by BearCat is the propaganda created with taxpayer funding that actively exhorts citizens to report their neighbors for a variety of nebulous reasons.
<blockquote>
<i>Some urban areas used their awards for local outreach, holding conferences, creating websites and posting videos on how citizens can spot signs of terror in their own neighborhoods. A video sponsored by the Jacksonville UASI <b>alerted its residents to red flags such as people with &ldquo;average or above average intelligence&rdquo; or who displayed &ldquo;increased frequency of prayer or religious behavior</b>.&rdquo;</i></blockquote>
Broadly defined "suspicious behavior" is a great way to make every citizen a suspect... and justify every violation of personal privacy. If you need <a href="http://www.techdirt.com/articles/20120831/03163820227/if-you-cant-sue-feds-spying-sue-them-lying-about-spying.shtml" target="_blank">warrantless wiretaps</a> or a reason to <a href="http://www.techdirt.com/articles/20111201/07501916943/government-representatives-using-cybersecurity-terrorism-as-excuses-to-further-trample-bill-rights.shtml" target="_blank">indefinitely detain</a> US citizens, all you have to do is start listing everyday activity as "suspicious."
The report also points out how ill prepared the nation would actually be in the event of catastrophic terrorist attack, thanks to the fact that FEMA itself receives funding through the UASI program, money that has been spent in an equally careless fashion.
<blockquote>
<i>In part, FEMA has done very little oversight of the program, <b>allowing cities to spend the money on almost anything they want, as long as it has broad ties to terror prevention</b>. In fact, according to a June 2012 report by the Department of Homeland Security Inspector General, &ldquo;FEMA did not have a system in place to determine the extent that Homeland Security Grant Program funds enhanced the states&rsquo; capabilities to prevent, deter, response to, and recover from terrorist attacks, major disasters and other emergencies before awarding more funds to the states.&rdquo; Moreover, <b>the agency failed to issue preparedness goals, intended to shape the use of UASI funds, until last year&mdash;nine years after the program was created</b>.</i></blockquote>
At this point, despite several billion dollars worth of expenditures, the DHS and its affiliated agencies are still pretty much unable to <i>prevent</i> or <i>respond to</i> a terrorist attack. A lack of accountability may do wonders for politicians "bringing the money back home," but it does absolutely nothing to achieve the stated aims of an agency created <i>directly</i> in response to a terrorist attack. The report states very bluntly that the initial intent of the program has become little more than a new source of pork.
<blockquote>
<i>Dealing with the risk of attack requires understanding our limitations and focusing on the best things we do to prevent one&mdash;a concept referred to often as &ldquo;buying down risk.&rdquo; For programs like UASI that means establishing a framework for conducting a risk analysis and allocating resources where they are most likely to make the biggest difference.</i><br />
<br />
<i>Unfortunately, DHS and Congress have often let politics interfere, diluting any results. <b>Instead of sending funds where they can have the biggest impact, money is spread around to parochial political interests. This ensures fewer complaints and broad political support, but does not necessarily mean we are safer.</b></i></blockquote>
As long term, well-funded programs tend to do, the UASI program has become little more than a charade played out to the tune of billions. Instead of focusing the funding and intelligence in areas most at-risk for a terrorist attack, expanding from seven urban areas to 66 over the course of the decade. Now that the list has been trimmed down to 31, the complaints -- and the dubious assertions -- are flowing back into Washington DC, in hopes of turning the money spigot back on.
<blockquote>
<i>Describing it as &ldquo;a mistake,&rdquo; on May 19, 2011, Rhode Island&rsquo;s congressional delegation sent a letter to DHS Secretary Napolitano objecting to the Department&rsquo;s decision to end UASI funding for the Providence metro area saying that Rhode Island is home to 1 million residents and is at greater risk of a terrorist attack because of its proximity to Boston and New York...</i><br />
<br />
<i>Often, those lobbying for large awards cited unlikely worst-case scenarios to inflate the threats they face. Legislators and some in the responder community from smaller cities argued that funds should be disbursed not only to obvious targets like New York City, but also to smaller locations. Some argued that since &ldquo;terrorist attacks tend to start in smaller locales&rdquo; and sometimes remote U.S. towns, these areas also need homeland security grants to help protect their communities...</i><br />
<br />
<i>This argument was made by officials from the Oxnard/Thousand Oaks area in California. Arguing against legislation offered by several lawmakers to limit the number of UASI-funded urban areas to 25, officials from the Oxnard/Thousand Oaks UASI asserted that &ldquo;since most terrorists do not live or plan their attacks in the same city that is being targeted, [eliminating funding] may actually decrease the protection of other [&hellip;&hellip;.] Urban Areas.&rdquo;</i></blockquote>
Oxnard/Thousand Oaks has been incredibly active in the "give us more money" arena, stating that it is "a safe community, but the threat is present all the time." This despite the fact that after receiving its initial funding, the governor went out of his way to assure the community that "no new information" about an "actual terrorist threat" had been received. It also asked for nearly $100,000 in additional funds to upgrade alarms and CCTV, stating that "minor security incidents have periodically occurred." During this same period of "periodic security incidents," the violent crime rate in Thousand Oaks dropped to an all-time low.<br />
<br />
Here&#39;s a few more examples of what money can buy when no one&#39;s paying attention:
<ul>
<li>
Texas took in $1.1 billion in homeland security spending in 2011, which covered such purchases as a $24,000 latrine-on-wheels, a hog catcher for Liberty County, body bags, garbage bags, Ziploc bags and two 2011 Camaros at $31,000 a piece.<br />
&nbsp;</li>
<li>
A HALO Counter-Terrorism Summit held at a resort and spa, with an entrance fee of $1,000 per person paid with UASI funds. Counter-terrorism training was back-burnered in favor of tech demonstrations by visiting contractors. The only training that took place was a mock exercise utilizing "Hollywood magic" and a set with special effects, pyrotechnics and "state-of-the-art structures." The "terrorists" being "countered?" <b>Zombies</b>.<br />
&nbsp;</li>
<li>
In Louisiana, Jefferson Parish spent $45,000 on license plate readers -- which have been used solely to catch car thieves. Ascension Parish received $2,700 for a teleprompter, which was characterized as a "national priority to expand regional collaboration."<br />
&nbsp;</li>
<li>
The FDNY claimed $143,000 in "backfill" overtime expenses based on estimates rather than actual hours worked.<br />
&nbsp;</li>
<li>
The 13 sno-cone machines mentioned earlier? $6,200. Allowable because FEMA stated that could serve a dual purpose -- filling ice packs in an emergency.<br />
&nbsp;</li>
<li>
$45.6 million to Chicago for Project Shield, a network of surveillance cameras covering 128 municipalities. The program was ultimately shuttered.</li>
</ul>
<p>
There&#39;s much, much more in this thorough report, which details exactly how much money is being spent on a program with no end in sight that uses fear as leverage for additional funding. What started as a hurried response to a once-in-a-lifetime event has now become a vehicle for pork barrel spending, rights erosion and hundreds of "security" fiefdoms with their hands out.
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<a href="http://s3.documentcloud.org/documents/537213/senatorcoburn-uasi.pdf">SenatorCoburn UASI (PDF)</a>
<br />
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</p><br /><br /><a href="http://www.techdirt.com/articles/20121210/18055321342/dhs-selling-fear-uncertainty-buying-sno-cone-machines-latrines-on-wheels.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121210/18055321342/dhs-selling-fear-uncertainty-buying-sno-cone-machines-latrines-on-wheels.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121210/18055321342/dhs-selling-fear-uncertainty-buying-sno-cone-machines-latrines-on-wheels.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>blowing-money-fast</slash:department>
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</item>
<item>
<pubDate>Tue, 27 Nov 2012 08:27:52 PST</pubDate>
<title>Apparently All That Stuff About Needing SOPA To Go After Foreign Sites Was Bogus</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121126/17190821152/apparently-all-that-stuff-about-needing-sopa-to-go-after-foreign-sites-was-bogus.shtml</link>
<guid>http://www.techdirt.com/articles/20121126/17190821152/apparently-all-that-stuff-about-needing-sopa-to-go-after-foreign-sites-was-bogus.shtml</guid>
<description><![CDATA[ Tim covered the story of ICE doing its <a href="http://www.techdirt.com/articles/20121126/13420421149/annual-cyber-monday-ice-take-down-blitz-2012.shtml">annual censorship binge</a> in seizing domain names without adversarial hearings (as we still believe is required under the law).  However, there were a couple of additional points worthy of a followup.  First off, if you remember, one of the key reasons why we were told SOPA was needed was that for all of ICE's previous domain takedowns it was "impossible" for it to take down foreign domains.  Except... as <a href="http://www.ice.gov/news/releases/1211/121126washingtondc.htm" target="_blank">ICE's own announcement here shows</a> that was completely untrue.  It seems to have had no difficulty finding willing law enforcement partners around the globe to seize websites without any due process:
<blockquote><i>
...recognizing the global nature of Internet crime, this year the IPR Center partnered with Europol, who, through its member countries, executed coordinated seizures of foreign-based top-level domains such as .eu, .be, .dk, .fr, .ro and .uk. This effort is titled Project Transatlantic and resulted in 31 domain name seizures.
<br /><br />
"This operation is a great example of the tremendous cooperation between ICE and our international partners at the IPR Center," said ICE Director John Morton. "Our partnerships enable us to go after criminals who are duping unsuspecting shoppers all over the world. 
</i></blockquote>
Yeah.  Apparently it's possible for ICE to censor those sites if it actually does a little work and calls up its law enforcement pals.  Another example of why SOPA was never necessary in the first place.
<br /><br />
The other issue?  ICE's own release shows that ICE appears to have no understanding of the intellectual property laws it's seeking to enforce.  From that release:
<blockquote><i>
During this operation, federal law enforcement officers made undercover purchases of a host of products; including professional sports jerseys, DVD sets, and a variety of clothing, jewelry and luxury goods from online retailers who were suspected of selling counterfeit products. If the copyright holders confirmed that the purchased products were counterfeit or otherwise illegal, seizure orders for the domain names of the websites that sold these goods were obtained from federal magistrate judges.
</i></blockquote>
Note the confusion (or ignorance) here.  Counterfeits are about <i>trademarks</i>, not copyrights.  Most of what they discuss are items covered by trademark.  But then they say "if the copyright holders confirmed that the purchased products were counterfeit."  Yes, there may be some copyright claims mixed in here (especially with "DVD sets"), but for the most part this is about trademark.  Why say "copyright holders" unless you're either willfully misrepresenting what's happening... or ignorant of the law you're supposedly helping to enforce?
<br /><br />
We've complained before about ICE boss John Morton's apparent <a href="http://www.techdirt.com/articles/20100722/01263010314.shtml">deliberate conflation</a> of copyright and counterfeits in the past -- but usually it's just lumping them together.  To confuse the two here, in an official release from a government group that's enforcing the law, suggests some serious problems.  ICE is either ignorant of the law it's supposedly enforcing... or maliciously misrepresenting itself.  That seems like a problem.<br /><br /><a href="http://www.techdirt.com/articles/20121126/17190821152/apparently-all-that-stuff-about-needing-sopa-to-go-after-foreign-sites-was-bogus.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121126/17190821152/apparently-all-that-stuff-about-needing-sopa-to-go-after-foreign-sites-was-bogus.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121126/17190821152/apparently-all-that-stuff-about-needing-sopa-to-go-after-foreign-sites-was-bogus.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>just-saying</slash:department>
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<item>
<pubDate>Mon, 26 Nov 2012 14:29:50 PST</pubDate>
<title>Annual Cyber-Monday ICE Take Down Blitz 2012</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20121126/13420421149/annual-cyber-monday-ice-take-down-blitz-2012.shtml</link>
<guid>http://www.techdirt.com/articles/20121126/13420421149/annual-cyber-monday-ice-take-down-blitz-2012.shtml</guid>
<description><![CDATA[ It's cyber-Monday, the day when many of us basically go to Amazon.com and get a bunch of gifts for friends and family because going to the store this time of year is as <a href="http://www.cnn.com/video/?hpt=hp_t3#/video/bestoftv/2012/11/23/evexp-natpkg-black-friday-mashup.hln">dangerous as a North Korean prison camp</a>. I say "many of us" partially to account for anyone out there who doesn't celebrate Christmas and partially to account for the hardworking folks at America's Immigration and Customs Enforcement, who instead spend the day posing as shoppers to shut down internet sites that they think are selling infringing or counterfeit products and replacing their web pages with handy little ICE "naughty" badges (Just like Santa would do! Yay!). We covered their exploits <a href="http://www.techdirt.com/articles/20111128/01460616907/ice-seizes-another-150-domains-as-sopapipa-debate-heats-up.shtml">last year</a> as they went about taking down 150 domains, sans the websites in question being able to tell their side of the story. It's like justice, minus any of that annoying rights of the accused crap!
<br /><br />
Well, ICE is at it again, this time taking down only 132 websites, in their effort to stop commerce they decide they don't like.
<blockquote>
<i>"This operation is a great example of the tremendous cooperation between ICE and our international partners at the [Intellectual Property Rights Coordination Center]," ICE Director John Morton said in a statement. "Our partnerships enable us to go after criminals who are duping unsuspecting shoppers all over the world. This is not an American problem, it is a global one and it is a fight we must win."</i>
</blockquote>
As with last year, ICE appears to be focusing on trademark infringers and counterfeiters, but they haven't released the list of sites seized yet, so we can't be sure there aren't any <a href="http://www.techdirt.com/articles/20111208/08225217010/breaking-news-feds-falsely-censor-popular-blog-over-year-deny-all-due-process-hide-all-details.shtml">Dajaz1-type</a> screw-ups in there as well. Still, the question remains why they have to do this en masse on one day instead of going through the more tedious, though transparent, process of taking the sites to court. Yes, the article states that they are getting court orders to take down the sites, but why not actually drag site owners into the courtroom and give them a chance to represent themselves before shutting down their ability to operate entirely? Is it likely that most, if not all, of these sites are infringing some way? Perhaps, but given that we've seen ICE take down innocent sites in the past, why not err on the side of caution and actually follow the justice process?
<br /><br />
I also find Morton's comment about this not being an "American problem" quite amusing given the annual cyber-Monday take down blitz. If this isn't an America-focused event, why is it being conducted on cyber-Monday, a predominantly American marketing term?<br /><br /><a href="http://www.techdirt.com/articles/20121126/13420421149/annual-cyber-monday-ice-take-down-blitz-2012.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121126/13420421149/annual-cyber-monday-ice-take-down-blitz-2012.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121126/13420421149/annual-cyber-monday-ice-take-down-blitz-2012.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>nice-use-of-ICE-resources,-guys</slash:department>
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<item>
<pubDate>Wed, 14 Nov 2012 12:43:59 PST</pubDate>
<title>Homeland Security Spent $430-Million To Tune Its Radios To A New Frequency, And Failed</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20121114/11412221047/homeland-security-spent-430-million-to-tune-its-radios-to-new-frequency-failed.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20121114/11412221047/homeland-security-spent-430-million-to-tune-its-radios-to-new-frequency-failed.shtml</guid>
<description><![CDATA[ The incompetence of Homeland Security when it comes to actually <a href="http://www.techdirt.com/articles/20121002/22020120576/congressional-investigation-slams-dhs-anti-terror-centers-wasted-taxpayer-funds-created-no-useful-intelligence-violated-civil.shtml">doing things</a> is well documented -- though, they're often so clueless that they take credit for <a href="http://www.techdirt.com/articles/20121004/18132820601/dhs-our-reports-to-congress-are-successful-bullshit.shtml">successfully misleading Congress</a> about their own failings.  So I guess it should come as little surprise that a new report shows that DHS spent about $430 million of your taxpayer dollars to get all of its radios to communicate on the same frequency <a href="http://www.nextgov.com/mobile/2012/11/twelve-year-430-million-effort-fails-get-dhs-radio-users-same-frequency/59519/" target="_blank">and it doesn't work.  At all</a>.
<blockquote><i>
<p>Of 479 radio users the DHS inspector general tested, only one knew how to tune into the common channel, the <a href="http://www.oig.dhs.gov/assets/Mgmt/2013/OIG_13-06_Nov12.pdf">report</a> stated. Personnel either were unaware the channel existed, could not find it, or switched to an outdated channel inherited from the Treasury Department.</p>
<p>
	&#8220;Personnel do not have interoperable communications that they can rely on during daily operations, planned events and emergencies,&#8221; acting IG Charles K. Edwards wrote in the report.</p>
</i></blockquote>
So what was the problem?  Apparently no one in top management at DHS ever thought to tell the various departments that they should be using this common channel that they were spending so much money on getting ready for this usage:
<blockquote><i>
The root of the disconnect, according to the report, is top department leaders have provided little guidance and no enforcement to ensure personnel use the channel. The shift to a single frequency began when the department formed in 2003.
<br /><br />
&#8220;Components independently developed and managed their own radio programs with no formal coordination from DHS,&#8221; and as a result, &#8220;internal interoperability was not a priority for DHS components,&#8221; Edwards reported.
</i></blockquote>
The report suggested that there should be someone in charge of actually coordinating all of this (what an idea!), but DHS officials shot back that they already have a "Joint Wireless Program Management Office."  Of course, this only makes the situation worse, in that they basically admit that they have an entire office set up to work on this issue... and it's now apparent that the office did little to nothing in terms of actually accomplishing what needed to be accomplished.  The author of the report  pointed out that it's a bit silly to point to the office that failed to do its job as proof that they're now ready to deal with this issue.
<br /><br />
So, in a normal business, when you screw something up this badly, people get fired.  Lots of them.  Who's getting fired for this?  Shouldn't the head of DHS have to answer to the public as to why $430 million was spent under what appears to be totally incompetent management?  What are they doing over there other than seizing domains and making up terrorist plots?
<br /><br />
In the meantime, can we get our $430 million back?<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20121114/11412221047/homeland-security-spent-430-million-to-tune-its-radios-to-new-frequency-failed.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20121114/11412221047/homeland-security-spent-430-million-to-tune-its-radios-to-new-frequency-failed.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20121114/11412221047/homeland-security-spent-430-million-to-tune-its-radios-to-new-frequency-failed.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>taxpayer-money-at-work</slash:department>
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<pubDate>Wed, 14 Nov 2012 09:45:32 PST</pubDate>
<title>The DHS And FBI Present: You Might Be A Terrorist If... (Hotel Guest Edition)</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20121110/17435521005/dhs-fbi-present-you-might-be-terrorist-if-hotel-guest-edition.shtml</link>
<guid>http://www.techdirt.com/articles/20121110/17435521005/dhs-fbi-present-you-might-be-terrorist-if-hotel-guest-edition.shtml</guid>
<description><![CDATA[ As we seem to be told repeatedly, seeing something and saying something is perhaps the greatest duty an American citizen can perform in service to this country. It&#39;s simply not enough anymore to install an American flag in the front yard and purchase domestic vehicles. Now, every citizen should be keeping his eye out for (and on) his fellow citizens. The price of freedom may be eternal vigilance, but the price of security is endless paranoia.<br />
<br />
To that end, <a href="http://publicintelligence.net/dhs-fbi-suspicious-hotel-guests/" target="_blank">the DHS and the FBI have joined forces to compile a list of oddities</a> that might well indicate you are sleeping one paper-thin wall away from death personified&nbsp;(via <a href="http://www.schneier.com/blog/archives/2012/11/how_to_tell_if.html" target="_blank">Bruce Schneier&#39;s fine blog</a>).&nbsp;
<blockquote>
<i>Possible indicators of terrorist behaviors at hotels: The observation of multiple indicators may represent&mdash;based on the specific facts or circumstances&mdash;possible terrorist behaviors at hotels:</i><br />
<br />
<i>- Not providing professional or personal details on hotel registrations&mdash;such as place of employment, contact information, or place of residence.</i></blockquote>
[Place of employment? Seriously? "Alan Smithee, 123 Main Street, Anytown USA 5578H. Occupation: <strike>Death</strike> Hug Merchant."]&nbsp;
<blockquote>
<i>- Using payphones for outgoing calls or making front desk requests in person to avoid using the room telephone.</i></blockquote>
[Payphones? Are terrorists unaware of "burners?"]
<blockquote>
<i>- Interest in using Internet cafes, despite hotel Internet availability.</i></blockquote>
[This seems to suggest that the Feds have already let themselves in the back door on the (sometimes prohibitively expensive) hotel wi-fi.]
<blockquote>
<i>- Non-VIPs who request that their presence at a hotel not be divulged.</i></blockquote>
[Let me get this straight: normal, "non-VIP" people will just have their information divulged to whoever asks, simply because they&#39;re not "important" enough to deserve privacy? Perhaps that should be posted on a sign somewhere up by the check-in desk: "All guests are created equal, but some are more equal than others."]
<blockquote>
<i>- Extending departure dates one day at a time for prolonged periods.</i></blockquote>
[Something only a terrorist would do. Let me give you a real life, happened-to-me example: in town to visit the famous Mayo Clinic seeking medical help for my wife. What started out as three days turned into seven days, with the stay at the hotel being extended one day at a time. Open-ended hotel stays: not just for terrorists anymore.]
<blockquote>
<i>- Refusal of housekeeping services for extended periods.</i></blockquote>
[This I believe. No one wants to make their own bed.]
<blockquote>
<i>- Extended stays with little baggage or unpacked luggage.</i></blockquote>
[Unless the staff have been instructed to do a little snooping in every room, how would anyone know how much baggage someone brought and never unpacked? No doubt this will soon make its way onto propaganda posters: "<i>HAVE YOU PACKED ENOUGH? Traveling light is traveling with terror</i>."]
<blockquote>
<i>- Access or attempted access to areas of the hotel normally restricted to staff.</i><br />
<br />
<i>- Use of cash for large transactions or a credit card in someone else&rsquo;s name.</i><br />
<br />
<i>- Requests for specific rooms, floors, or other locations in the hotel.</i></blockquote>
[Close to the parking lot, ground floor. Convenience or criminal intent?]
<blockquote>
<i>- Use of a third party to register.</i></blockquote>
<blockquote>
<i>- Multiple visitors or deliveries to one individual or room.</i></blockquote>
[Ruthless cabal or post-prom drinking party?]
<blockquote>
<i>- Unusual interest in hotel access, including main and alternate entrances, emergency exits, and surrounding routes.</i></blockquote>
[IN CASE OF FIRE, PLEASE REMAIN IGNORANT.]
<blockquote>
<i>- Use of entrances and exits that avoid the lobby or other areas with cameras and hotel personnel.</i></blockquote>
[Like the one nearest your vehicle?]
<blockquote>
<i>- Attempting to access restricted parking areas with a vehicle or leaving unattended vehicles near the hotel building.</i></blockquote>
[During your stay at the hotel, please remain in your vehicle at all times.]
<blockquote>
<i>- Unusual interest in hotel staff operating procedures, shift changes, closed-circuit TV systems, fire alarms, and security systems.</i><br />
<br />
<i>- Leaving the property for several days and then returning.</i><br />
<br />
<i>- Abandoning a room and leaving behind clothing, toiletries, or other items.</i></blockquote>
[You&#39;d think the Feds would be happy to have CLUES and EVIDENCE just laying around.]
<blockquote>
<i>- Noncompliance with other hotel policies.</i></blockquote>
[Ah. The handy catch-all. If the other points don&#39;t directly implicate you, then maybe something from this list will!]<br />
<br />
So, to be a standup, non-terrorist citizen, here&#39;s what you need to do:<br />
<br />
Pack for two weeks if you&#39;re staying for two days. Park your vehicle a safe distance away from the hotel, perhaps across the street or at another hotel. Leaving your vehicle dangerously unattended, walk directly through the main entrance with hands open and displayed in a non-threatening manner.<br />
<br />
When registering, present as many forms of ID as possible. Be sure to mention where you work EVEN if no one asks. Brag if you have to. Hand out business cards to the staff. Let the desk clerk know that your stay here is no secret and that your room number should be given to anyone who asks, including those who don&#39;t ask. When asked if you have a room preference, answer with a bright, but unfrightening, "I&#39;ve never had a &#39;preference&#39; in my life! I&#39;m easy to please and an American citizen!"<br />
<br />
Head directly to your room, carefully avoiding eye contact with doors marked "Employees Only." Immediately unpack all of your luggage. Make several phones calls using ONLY the in-room phone. Call the front desk several times so as to avoid appearing suspicious. Return to your unattended vehicle and clone yourself using existing, but non-potentially-dangerous technology. Make no sudden movements and keep your ID and passport displayed prominently. Return one of yourselves to your hotel room, again using the front entrance in a non-threatening, flag-waving manner.<br />
<br />
Stay in your room. Use the provided wi-fi. Avoid sites that use any form of encryption. Be careful not to stay in your room too long. When venturing out for something to eat or a non-suspicious conversation with the suspicious staff, avoid stairwells, hallways, exits/entrances, and connecting roads. On second thought, just stay in your room. This will make it easier to avoid being caught up in the middle of a personnel shift change.<br />
<br />
If you must leave your room, smile and wave at each and every security camera. Lift your shirt to display lack of weapons, explosives or identifiable scars and tattoos. If purchasing anything from the hotel, use only credit cards, checks or DNA. Return to your room using the most surveilled route. Use the in-room phone to order room service. Turn down the delivery when it comes, stating that you&#39;re trying to keep visitors and deliveries to a minimum. Apologize for not having any cash to tip with, but explain that this lack of cash directly contributes (not monetarily, of course) to the safety of everyone in the hotel. Repeat this apology to housekeeping when they arrive, being sure to answer the door before they get to the second knock. Try to ignore their just-out-of-earshot griping about having to clean around the scattered contents of four large suitcases. Smile in a non-threatening fashion and shrug as if to say, "LOOK AT HOW MUCH I DON&#39;T HAVE TO HIDE."<br />
<br />
If you find that, despite your careful planning, your stay is going to be extended indefinitey, switch hotels. Pack all of your belongings carefully. Police the room for any stray socks, unused condoms or stealable toiletries. Turn the coffee maker OFF (if applicable). Leave in an unhurried fashion, but don&#39;t dawdle. Return to your attended vehicle and (most likely) dead clone. Drive to another hotel, preferably one a non-suspicious distance away and repeat the process. Once you return to your hometown, turn yourself into the nearest authorities for a thorough post-travel debriefing.<br /><br /><a href="http://www.techdirt.com/articles/20121110/17435521005/dhs-fbi-present-you-might-be-terrorist-if-hotel-guest-edition.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121110/17435521005/dhs-fbi-present-you-might-be-terrorist-if-hotel-guest-edition.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121110/17435521005/dhs-fbi-present-you-might-be-terrorist-if-hotel-guest-edition.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>glass-container-in-the-pool-area?-threat-level-upgraded-to-'orange'</slash:department>
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<item>
<pubDate>Mon, 12 Nov 2012 11:36:03 PST</pubDate>
<title>If You Eat Something, Say Something: DHS Sounds The Alarm On The 'Terrorist Implications' Of Food Trucks</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20121111/18355921009/if-you-eat-something-say-something-dhs-sounds-alarm-terrorist-implications-food-trucks.shtml</link>
<guid>http://www.techdirt.com/articles/20121111/18355921009/if-you-eat-something-say-something-dhs-sounds-alarm-terrorist-implications-food-trucks.shtml</guid>
<description><![CDATA[ It&#39;s interesting (or maybe just kind of sad) that various government agencies see <a href="http://www.techdirt.com/articles/20120818/18363620090/fbi-created-terrorist-plot-fails-to-produce-single-terrorist-does-plenty-damage-to-individual-liberties.shtml" target="_blank">possible terrorists</a> everywhere but rarely, if ever, catch one. Despite the <a href="http://www.techdirt.com/articles/20120821/09094820113/nypd-spent-years-spying-muslims-generated-exactly-zero-leads.shtml" target="_blank">large number</a> of personnel being thrown at the problem (along with <a href="http://www.techdirt.com/articles/20110429/23582414094/homeland-security-doesnt-do-costbenefit-analysis-they-just-do-fear-bluster.shtml" target="_blank">lots of money</a>), actual terrorists seem to be in limited supply.<br />
<br />
But these agencies haven&#39;t let their lack of success temper their vision of a nation under constant imminent attack. Public Intelligence <a href="http://publicintelligence.net/fdny-food-trucks/" target="_blank">recently posted a Powerpoint presentation from the NYC fire department (FDNY)</a> discussing the unique safety issues mobile food trucks present. Along with some actual concerns (many food trucks use propane and/or gasoline-powered generators to cook; some *gasp* aren&#39;t properly licensed food vendors), the presenter decided to toss in some DHS speculation on yet another way terrorists might be killing us in the near future.<br />
<br />
That&#39;s right. Instead of serving up a quick hot meal, these food trucks will be serving up death, and lots of it!&nbsp;Under the heading "Terrorist Implications," the FDNY lists the exact reasons we should be concerned, most of which begin with the word "high."
<center>
<img alt="" src="http://i.imgur.com/HvUWr.png" style="width: 500px; height: 375px;" /></center>
While any terrorist organization worth its twisted ideology would do well to nail down as much of this list as possible, so would any vendor who wished to stay in business. The question is: how do you differentiate between the two? One answer might be to sort through the data collected by all the food truck terrorism incidents up to this point. (American&#39;s <a href="http://www.techdirt.com/articles/20121002/22020120576/congressional-investigation-slams-dhs-anti-terror-centers-wasted-taxpayer-funds-created-no-useful-intelligence-violated-civil.shtml">fusion centers</a> would like to remind you that zero incidents only means we&#39;re <i>due</i>, rather than indicating a terrorist-free trend.)<br />
<br />
But there&#39;s more! The next slide continues to lay out the "Terrorism Implications," this time reminding first responders that food trucks have large quantities of deadly liquids (propane, gasoline) and are "easily concealed" (which I assume refers to the potential explosives, rather than the truck itself... but you can never be TOO sure). Also, food bombers will usually be in the proximity of "crowds" (gasp!) and "sidewalks" (wha...?).
<center>
<img alt="" src="http://i.imgur.com/GqGby.png" style="width: 500px; height: 375px;" /></center>
Dammit, now the terrorists have gone too far! It&#39;s one thing to blow up our crowds. It&#39;s quite another to ruthlessly attack our infrastructure, the very thing that keeps our precious crowds from milling about on the lawn and/or street!<br />
<br />
But (dear lord) there&#39;s even more! According to the DHS, food carts make "excellent surveillance platforms" because of all the "high" stuff they can park next to for long periods of time. (Has anyone considered knocking on the door and having a quick look around, especially during business hours?) And I&#39;m pretty sure they&#39;re <a href="http://www.npr.org/blogs/money/2012/05/04/151967202/food-trucks-seek-that-mystical-spot" target="_blank">not allowed</a> to just park wherever they want for indefinite periods of time, at least not in New York City. There are 8 million laws in the Naked City, none of which are accommodating to the small businessman/woman "stealing" customers away from established restaurants paying exorbitant amounts per square foot every month.<br />
<br />
But beyond that, why go through the expense of constructing a food truck when you can just rent a U-Haul, fill it full of explosives and ram it into the nearest high-rise/government building? Unless the DHS figures these terrorists are in it for the long haul, suckering people in with weeks or months of delicious ethnic food before parking across the nearest heavily-trafficked sidewalk and blowing everything up in an explosion of propane and proprietary blends of herbs and spices.  Also, does it not occur to them that if you want to keep your terrorist activities hidden, it's probably not the smartest thing to set yourself up as a vehicle that people line up to <i>look inside?</i><br />
<br />
The DHS&#39; unfocused "terrorvision" continues to see a threat in every situation and the department seems to be busying itself crafting a response to every conceivable "threat." The problem with this "method" is that it turns any slight variation of "everyday activity" into something suspicious. The number of "terrorist implications" grows exponentially while the number of solutions remains the same. This Powerpoint is another example of good, old-fashioned fear mongering, utilizing public servants to spread the message.<br />
<br />
At no point does this presentation offer anything resembling preemptive action or deterrents. All it does is paint a picture of food trucks as potential threats before concluding with, of all things, common sense safety tips aimed at dealing with food truck fires. The final slide paints the picture in the clearest terms, letting the viewer know <i>exactly</i> whose agenda is being pushed:
<blockquote>
<i>Prepared by Lt. Timothy Carroll<br />
FDNY Center for Terrorism and Disaster Preparedness</i></blockquote>
The priorities are all screwed up. Terrorism is the first concern. Everything else is secondary. Considering this is an FDNY presentation, you&#39;d think that "Disaster Preparedness" would be the priority. After all, they are the first response. But instead that honor goes to the vague menace of terrorism, a constant battle with no winners and, for the most part, no combatants. Every day without a terrorist act is a "win" that perpetuates the "need" for more counter-terrorist "efforts."<br />
<br />
All that being said, the easiest way to tell that this "Center for Terrorism and Disaster Preparedness" is all bluster and FUD is to <a href="http://www.jpl112.be/scannen0009.jpg-for-web-normal-1308902039.jpg" target="_blank">take a look at its logo</a>. Yep: <a href="http://rtb.techdirt.com/products/seized-tee/#foxyshop_gallery[fs_gall]/0/" target="_blank">MF EAGLE</a>.<br /><br /><a href="http://www.techdirt.com/articles/20121111/18355921009/if-you-eat-something-say-something-dhs-sounds-alarm-terrorist-implications-food-trucks.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121111/18355921009/if-you-eat-something-say-something-dhs-sounds-alarm-terrorist-implications-food-trucks.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121111/18355921009/if-you-eat-something-say-something-dhs-sounds-alarm-terrorist-implications-food-trucks.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>basically-any-form-of-transportation-is-a-threat----start-walking,-citizen</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121111/18355921009</wfw:commentRss>
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<item>
<pubDate>Tue, 9 Oct 2012 10:27:53 PDT</pubDate>
<title>DHS: Our Reports To Congress Are Successful Bullshit</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20121004/18132820601/dhs-our-reports-to-congress-are-successful-bullshit.shtml</link>
<guid>http://www.techdirt.com/articles/20121004/18132820601/dhs-our-reports-to-congress-are-successful-bullshit.shtml</guid>
<description><![CDATA[ Okay, it&#39;s official. I no longer believe that our Department of Homeland Security is an actual government agency with important work to do. No, I now believe that it is a series of highly subtle performance art pieces designed to make us laugh at the sheer audacity of dumb government. We already know about the agency&#39;s boss, who is in charge of cybersecurity,&nbsp;<a href="http://www.techdirt.com/articles/20120928/08560420538/dhs-boss-charge-cybersecurity-doesnt-use-email-any-online-services.shtml">not bothering</a> to use the internet. And then there is the DHS&#39;s highly touted <a href="http://www.techdirt.com/articles/20121002/22020120576/congressional-investigation-slams-dhs-anti-terror-centers-wasted-taxpayer-funds-created-no-useful-intelligence-violated-civil.shtml">fusion centers</a> being both a waste of money and a detriment to the very freedoms they&#39;re supposedly protecting.<br />
<br />
But <a href="http://www.techdirt.com/user/naeblis">Tim K</a> writes&nbsp;in about a rather stunning admission by DHS officials of a <a href="http://www.wired.com/threatlevel/2012/10/dhs-false-water-pump-hack/">bogus DHS report on a water pumping facility</a>. It essentially amounts to: "sure the report is a complete lie, but it was a successful lie." Don&#39;t believe me?
<blockquote>
<i>Officials behind the false claims told Senate investigators that such reports weren&rsquo;t meant to be &ldquo;finished intelligence&rdquo; and that despite their report&rsquo;s inaccuracies and sloppy wording they considered it to be a &ldquo;success.&rdquo;</i><br />
<br />
<i>&ldquo;[It did] exactly what it&rsquo;s supposed to do &ndash; generate interest,&rdquo; DHS officials told Senate investigators.</i></blockquote>
Now, let&#39;s do some quick background on this report, less because it informs you and more because it&#39;s hysterical. About a year ago, a water pump failed in an Illinois water facility. In response, almost immediately, an Illinois fusion center (part DHS, part Illinois State Police) circulated a report blaming a hacking attack from Russia. Not soon after that report was circulated, the greater DHS office rebuffed the fusion center&#39;s hacking allegation as absolute nonsense. It pointed out, as does the linked article, that the allegation was pure conjecture based on the fusion center&#39;s inability to do even the most basic investigation.
<blockquote>
<i>Someone did access the water district&rsquo;s SCADA system from Russia, but it was a water district contractor who was asked to access the system by water district employees, as Wired first reported. They had called him to seek his opinion on something while he was on vacation in Russia, and he had logged into the system remotely to check on some data for them.</i><br />
<br />
<i>When the pump broke five months later and someone examined the network logs to determine the cause, they found an IP address from Russia listed in the logs next to the username and password of the contractor. No one ever bothered to call the contractor to see if he had logged in from Russia; they just assumed someone in Russia had stolen his credentials.</i></blockquote>
It&#39;s worth noting that the water pump busted&nbsp;<i>5 months</i> after this Russian IP logged in. In other words, none of this makes a lick of sense, except if it&#39;s the case of someone looking for a convenient scapegoat. "Hackers! Russians!" is apparently what these people went with, for reasons unknown to this author.<br />
<br />
But the DHS report circulated to Congress, which DHS says is a success even though it&#39;s bullshit, was written up&nbsp;<i>after&nbsp;</i>they called out their own fusion center for making stuff up. I think most reasonable people would suspect that such successful excriment is part of the fear mongering around so-called cyberwars and the trumped up need for Congress to pass some kind of cybersecurity bill. But even the least cynical person would at least expect the DHS to correct their report and alert Congress to the pure made-up-iness of it. DHS has thus far declined to do so, because, paraphrasing DHS itself, the lie is more effective than the truth. Yay, government!<br /><br /><a href="http://www.techdirt.com/articles/20121004/18132820601/dhs-our-reports-to-congress-are-successful-bullshit.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121004/18132820601/dhs-our-reports-to-congress-are-successful-bullshit.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121004/18132820601/dhs-our-reports-to-congress-are-successful-bullshit.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>yeah,-we-already-kinda-figured</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121004/18132820601</wfw:commentRss>
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<item>
<pubDate>Wed, 3 Oct 2012 07:21:22 PDT</pubDate>
<title>Congressional Investigation Slams DHS Anti-Terror Centers: Wasted Taxpayer Funds, Created No Useful Intelligence &amp; Violated Civil Liberties</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20121002/22020120576/congressional-investigation-slams-dhs-anti-terror-centers-wasted-taxpayer-funds-created-no-useful-intelligence-violated-civil.shtml</link>
<guid>http://www.techdirt.com/articles/20121002/22020120576/congressional-investigation-slams-dhs-anti-terror-centers-wasted-taxpayer-funds-created-no-useful-intelligence-violated-civil.shtml</guid>
<description><![CDATA[ Since September 11th, the government has often had something of a blank check (and the equivalent lack of oversight) for anything labeled as being part of an anti-terror effort.  As such, it should hardly come as a surprise that programs are wasteful, possibly fraudulent, bad for civil liberties and (oh yeah) completely useless (to actively harmful) in fighting terrorism.  A Congressional investigation into the Department of Homeland Security's (DHS) "fusion centers," which were supposed to be a key force in anti-terrorism efforts, <a href="http://www.nytimes.com/2012/10/03/us/inquiry-cites-flaws-in-regional-counterterrorism-offices.html?_r=0" target="_blank">presents an absolutely scathing condemnation of the effort</a>.
<blockquote><i>
The Subcommittee investigation found that DHS-assigned detailees to the fusion centers forwarded "intelligence" of uneven quality - oftentimes shoddy, rarely timely, sometimes endangering citizens' civil liberties and Privacy Act protections, occasionally taken from already-published public sources, and more often than not unrelated to terrorism. The Subcommittee investigation also found that DHS officials' public claims about fusion centers were not always accurate. For instance, DHS officials asserted that some fusion centers existed when they did not. At times, DHS officials overstated fusion centers' "success stories." At other times, DHS officials failed to disclose or acknowledge non-public evaluations highlighting a host of problems at fusion centers and in DHS' own operations. 
</i></blockquote>
Oh, and did we mention how wasteful they were?  Apparently, taxpayer money simply "disappeared" into the program often being spent on totally unrelated things like flat screen TVs:
<blockquote><i>
The Subcommittee investigation also reviewed how the Federal Emergency Management Agency (FEMA), a component of DHS, distributed hundreds of millions of taxpayer dollars to support state and local fusion centers. DHS revealed that it was unable to provide an accurate tally of how much it had granted to states and cities to support fusion centers efforts, instead producing broad estimates of the total amount of federal dollars spent on fusion center activities from 2003 to 2011, estimates which ranged from $289 million to $1.4 billion. The Subcommittee investigation also found that DHS failed to adequately police how states and municipalities used the money intended for fusion centers. The investigation found that DHS did not know with any accuracy how much grant money it has spent on specific fusion centers, nor could it say how most of those grant funds were spent, nor has it examined the effectiveness of those grant dollars. The Subcommittee conducted a more detailed case study review of expenditures of DHS grant funds at five fusion centers, all of which lacked basic, "must-have" intelligence capabilities, according to assessments conducted by and for DHS. The Subcommittee investigation found that the state and local agencies used some of the federal grant money to purchase: dozens of flat-screen TVs; Sport Utility Vehicles they then gave away to other local agencies; and hidden "shirt button" cameras, cell phone tracking devices, and other surveillance equipment unrelated to the analytical mission of a fusion center.
</i></blockquote>
Of course, this kind of thing isn't all that uncommon.  I remember a story from nearly a decade ago about all the money designated for things like E911 services, instead being used to pay for <a href="http://www.techdirt.com/articles/20040510/0250210.shtml">boots and pens</a>.   We recently wrote about the <a href="https://www.techdirt.com/articles/20120821/09094820113/nypd-spent-years-spying-muslims-generated-exactly-zero-leads.shtml">failure</a> of a NY City program to spy on Muslims to turn up a single lead, but this takes that kind of failure to a whole new level.
<br /><br />
Of course, the scary part in all this isn't just the misuse of funds or the failure to produce anything relevant.  It's that what <i>was</i> done almost certainly violated the public's rights.  And apparently, such violations of civil liberties were a very common problem.
<blockquote><i>
<b>The inappropriate reporting appears to have been a regular problem.</b> An April 2009
email from an alarmed senior I&A official stated: &#8220;[State and Local Fusion Center officials] are
collecting open-source intelligence (OSINT) on U.S. persons (USPER), without proper vetting,
and improperly reporting this information through homeland information reporting (HIR)
channels,&#8221; wrote Barbara Alexander, then director of the Collection and Requirements Division,
which oversaw HIR reporting. &#8220;The improper reporting of this information through HIR
channels is likely a result of a lack of training on proper collection and reporting procedures . . .
they are inadvertently causing problems.&#8221; In an interview with the Subcommittee, Ms.
Alexander said <b>she recalled being told the Reporting Branch was &#8220;flooded&#8221; with inappropriate
reporting. &#8220;A lot of information was coming in inappropriately,&#8221;</b> she remembered. &#8220;The
information was not reportable.&#8221;
<br /><br />
[....] Ms. Schlanger&#8217;s presentation, a copy of which DHS provided to the Subcommittee,
indicated that areas in which DHS intelligence reporters had overstepped legal boundaries
included: <b>Reporting on First Amendment-protected activities lacking a nexus to violence or
criminality; reporting on or improperly characterizing political, religious or ideological speech
that is not explicitly violent or criminal; and attributing to an entire group the violent or criminal
acts of one or a limited number of the group&#8217;s members.</b>
</i></blockquote>
The investigation goes on to quote numerous examples of "reports" prepared on information that DHS is not allowed to report on as it violates civil liberties.
<br /><br />
In the end, as with so many "anti-terror" programs, what we have is a program that took in a ton of taxpayer funds, with almost no oversight as to what happened to those funds (leading to $1.4 billion disappearing), no intelligence of any use but undertook plenty of efforts that were clearly beyond the mandate of Homeland Security.  And all of this is supposed to make us feel safer?<br /><br /><a href="http://www.techdirt.com/articles/20121002/22020120576/congressional-investigation-slams-dhs-anti-terror-centers-wasted-taxpayer-funds-created-no-useful-intelligence-violated-civil.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121002/22020120576/congressional-investigation-slams-dhs-anti-terror-centers-wasted-taxpayer-funds-created-no-useful-intelligence-violated-civil.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121002/22020120576/congressional-investigation-slams-dhs-anti-terror-centers-wasted-taxpayer-funds-created-no-useful-intelligence-violated-civil.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>have-we-done-anything-useful?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121002/22020120576</wfw:commentRss>
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<item>
<pubDate>Fri, 28 Sep 2012 10:32:47 PDT</pubDate>
<title>DHS Boss, In Charge Of Cybersecurity, Doesn't Use Email Or Any Online Services</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120928/08560420538/dhs-boss-charge-cybersecurity-doesnt-use-email-any-online-services.shtml</link>
<guid>http://www.techdirt.com/articles/20120928/08560420538/dhs-boss-charge-cybersecurity-doesnt-use-email-any-online-services.shtml</guid>
<description><![CDATA[ We've talked in the past about the problematic efforts to push for new cybersecurity regulations, especially when little to nothing has been done to show the actual problem.  There has been quite a turf war over who would "own" cybersecurity within the federal government, with some wanting to give it to the Defense Department, where the NSA would control it (along with all your info), and others wanting to give it to the Department of Homeland Security.  While neither option is ideal, DHS is clearly the lesser of two evils should it come to pass.  It makes much more sense for this issue to be in the hands of a civilian organization rather than a military one -- especially a military one with a horrible track record when it comes to privacy.  That said, it's tough to be enthusiastic about DHS either, given the various problems and abuses we've seen in that Department as well.  Making matters even worse, it appears that the DHS boss, Janet Napolitano, who would effectively be in charge of cybersecurity, doesn't know much (if anything) about the internet, and seems rather proud of that fact, <a href="http://www.nextgov.com/cybersecurity/2012/09/dhs-chief-says-she-doesnt-use-e-mail/58429/" target="_blank">referring to herself as a Luddite</a>:
<blockquote><i>
Homeland Security Secretary Janet Napolitano, who is a key player in national cybersecurity efforts, said on Friday she doesn't use e-mail.
<br /><br />
"Don't laugh, but I just don't use e-mail at all," she said during a discussion at a Cybersecurity Summit hosted by National Journal and Government Executive. She didn't explain what communications tools she does use.
<br /><br />
President Obama, who appointed Napolitano, broke precedent by carrying his own BlackBerry device. But in response to a question about her personal cybersecurity practices, Napolitano said she avoids many online services. "I don't have any of my own accounts. Some would call me a Luddite," she said.
</i></blockquote>
I don't think anyone should be laughing, but perhaps they should be very, very worried.  Or, perhaps they should be asking why she's in that job when she doesn't seem to have the necessary experience.  If it does come to pass that DHS gets control over new cybersecurity efforts, this seems like a good reason to find someone else who actually has some grasp on what it is that they're regulating.<br /><br /><a href="http://www.techdirt.com/articles/20120928/08560420538/dhs-boss-charge-cybersecurity-doesnt-use-email-any-online-services.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120928/08560420538/dhs-boss-charge-cybersecurity-doesnt-use-email-any-online-services.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120928/08560420538/dhs-boss-charge-cybersecurity-doesnt-use-email-any-online-services.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that-would-be-a-problem</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120928/08560420538</wfw:commentRss>
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<item>
<pubDate>Fri, 31 Aug 2012 14:00:19 PDT</pubDate>
<title>Congressional Reps Question Feds Over Botched Domain Seizures</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120831/07564420228/congressional-reps-question-feds-over-botched-domain-seizures.shtml</link>
<guid>http://www.techdirt.com/articles/20120831/07564420228/congressional-reps-question-feds-over-botched-domain-seizures.shtml</guid>
<description><![CDATA[ The government's admission that it had (once again) mistakenly seized and censored a website for over a year when it <a href="http://www.techdirt.com/articles/20120829/12370820209/oops-after-seizing-censoring-rojadirecta-18-months-feds-give-up-drop-case.shtml" target="_blank">dropped its case</a> against Rojadirecta/Puerto80 has reminded everyone that <a href="http://www.techdirt.com/articles/20111208/08225217010/breaking-news-feds-falsely-censor-popular-blog-over-year-deny-all-due-process-hide-all-details.shtml">Dajaz1</a> was not an isolate case.  It was a part of a wider program where DHS (via ICE) and the DOJ systematically believed whatever the RIAA and MPAA were telling them, leading to the blatant censorship of a variety of websites, without proper due process.  Thankfully, some in Congress are paying attention.  Bipartisan Congressional Reps. Zoe Lofgren, Jason Chaffetz and Jared Polis have teamed up to <a href="http://www.docstoc.com/docs/128053420/Letter-to-AG-Holder-and-Sec-Napolitano-re-Domain-Name-Seizures-083012" target="_blank">send a letter raising a number of questions</a> about Operation in Our Sites, to both Attorney General Holder and Homeland Security Secretary Napolitano.
<br /><br />
The letter doesn't even mention the Rojadirecta case, but focuses on what happened with Dajaz1, pointing out their concern with the program, and how it appears to violate free speech rights, ignore due process and destroy legitimate businesses.  The letter raises the fact that Dajaz1 is not an isolated case.  As we've <a href="http://www.techdirt.com/articles/20111211/16151017033/what-other-websites-is-us-government-secretly-censoring.shtml">pointed out</a> in the past, we're aware of at least a few other domains that were seized, and whose owners had challenged the seizures.  And yet, well over a year later, there appeared to be no evidence of either a return of those domains or a forfeiture process started.  Given how the feds treated Dajaz1, with secret extensions, preventing Dajaz1 from representing itself in court, we've wondered how many other domains the DOJ and ICE had incorrectly and illegally seized -- and which they were now keeping in that kind of holding pattern.  It's good to see that this letter directly asks about that issue:
<blockquote><i>
Other complaints have been raised by websites seized under "In Our Sites" that bear similarities to the Dajaz1 case.  These complaints center around unnecessary delays in advancing and resolving cases, difficulty in obtaining documents from the government that are fundamental to the underlying cases (such as affidavits), and difficulty even maintaining contact with the U.S. Attorneys prosecuting the cases.  The effect of these problems is to severely limit the ability of website owners to challenge the legality and merits of the domain name seizures.
</i></blockquote>
The letter goes on to ask a series of important questions for both DHS and DOJ, especially regarding the utter failure of both departments in the Dajaz1 situation.
<i>
<ol>
<li>What is the process for determining which sites to target?  Who is involved in that process?  What specific steps do DOJ and ICE take to ensure that affidavits and other material are thoroughly reviewed for accuracy prior to seizing a domain?
</li><li>To what extent are government agents required to evaluate whether the potentially infringing material to which target sites link -- or which they host themselves -- are non-infringing fair uses, impliedly licensed, and/or de minimis uses?
</li><li>Do government agents consider whether a site complies with the DMCA safe harbors?  If so, how does this affect the determination to target a site?
</li><li>How many sites have attempted to retrieve their domains, via any process, judicial or informal, and what is the status of those cases?
</li><li>Have you made any changes to your domain seizure policies or their implementation as a result of the issues arising from the Dajaz1 seizure or any other seizure?  If so, what were those changes?
</li><li>What specific steps has the DOJ and ICE taken to ensure that domain name seizure cases proceed without unnecessary delays, and that website owners seeking to restore their domain names have swift access to the officials and documents necessary to resolve their cases?
</li><li>How many more seizures do you anticipate occurring in the next six months and year?
</li></ol>
</i>
It seems to me that questions four and five are the key ones here, which means I fully expect DOJ and ICE to be especially non-responsive in whatever answers they provide.<br /><br /><a href="http://www.techdirt.com/articles/20120831/07564420228/congressional-reps-question-feds-over-botched-domain-seizures.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120831/07564420228/congressional-reps-question-feds-over-botched-domain-seizures.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120831/07564420228/congressional-reps-question-feds-over-botched-domain-seizures.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>will-we-get-answers</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120831/07564420228</wfw:commentRss>
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<pubDate>Wed, 25 Apr 2012 10:19:00 PDT</pubDate>
<title>Now Is The Time To Improve CISPA Before Friday's Vote By Pushing These Critical Amendments</title>
<dc:creator>Leigh Beadon</dc:creator>
<link>http://www.techdirt.com/articles/20120424/21092718639/now-is-time-to-improve-cispa-before-fridays-vote-pushing-these-critical-amendments.shtml</link>
<guid>http://www.techdirt.com/articles/20120424/21092718639/now-is-time-to-improve-cispa-before-fridays-vote-pushing-these-critical-amendments.shtml</guid>
<description><![CDATA[ <p><em><strong>Update:</strong> The White House has now officially <a href="http://www.techdirt.com/articles/20120425/12445718657/obama-administration-threatens-to-veto-cispa.shtml">threatened to veto CISPA</a>.</em></p>

<p>In Congress, this week is CISPA week. With the bill going up for debate tomorrow, and the final vote scheduled for Friday, it's clear that the voice of the internet community has had an impact. The reps have been proposing their final amendments, and all are clear attempts to address some of the biggest criticisms from civil liberties groups and the public. CISPA has strong bi-partisan support and a very good chance of passing&mdash;and unfortunately, it's still a highly problematic bill.  But, while the <a href="http://rules.house.gov/Legislation/legislationDetails.aspx?NewsID=812" target="_blank">proposed amendments</a> cannot perfect it, some of them could certainly reduce its potential for abuse in significant ways. If you're looking for a practical way to fight back against the serious privacy violation that CISPA represents in these final days before its potential passage, encouraging your representative to support these amendments is a good place to start.</p>

<p>There are two in particular that, though simple, would make drastic improvements on CISPA by refocusing it on network security and minimizing the chance of shared data being used to go after individuals. An <a href="http://www.rules.house.gov/amendments/BARTON_012424121733373337.pdf" target="_blank">amendment from Rep. Barton</a> (pdf and embedded below) would insert the sensible requirement that shared data will only include personal information (further defined to include the content of any communications and even IP addresses) if it is necessary to combat a specific cyber attack. Another, even better <a href="http://www.rules.house.gov/amendments/AKIN_053_xml424121423352335.pdf" target="_blank">amendment from Rep. Akin</a> (pdf and embedded below) goes a step further and would bring CISPA back in line with the fourth amendment by barring the sharing of any personally identifiable information without a warrant. Of course, it's annoying that such an amendment is necessary&mdash;but the whole point of CISPA is to route around well-established requirements like going to a judge before violating someone's privacy. Though the bill still creates all sorts of potential privacy problems, the  Akin amendment fixes a big one.</p>

<p>Rep. Thompson has also proposed an amendment (embedded below) that is supposed to address privacy concerns, and TPM reports that it is being <a href="http://idealab.talkingpointsmemo.com/2012/04/new-cispa-amendements-proposed-one-backed-by-ron-paul-1.php" target="_blank">backed by Ron Paul</a>, who got attention earlier this week with a <a href="http://rt.com/usa/news/ron-paul-against-cispa-753/" target="_blank">strong condemnation of CISPA</a>. However, the Thompson amendment seems to lack teeth: it has a lot of talk about "minimizing" the impact on privacy and making "reasonable efforts" to remove personal information, and graciously offers to consult with "civil liberties stakeholders" (wouldn't that be <em>everybody?</em>), but it sets down no firm requirements or limitations. Despite being a fraction of the length, both the Akin and Barton amendments would do far more to fix CISPA, because they clearly prohibit certain activities.</p>

<p>Thompson's other proposed amendment (embedded below), however, is very good: it would limit the government recipients of the data from the overly broad "Federal Government" in the current bill to just Homeland Security and other civilian agencies. This addresses the <a href="http://www.techdirt.com/articles/20120419/08153418564/cispa-has-not-been-fixed-it-could-allow-govt-to-effectively-monitor-private-networks.shtml">significant fear</a> that the NSA could use CISPA to expand their already-aggressive data collection programs. While civilian agencies and the DHS especially are hardly perfect, this would still be a lot better than handing data collected under CISPA over to the intelligence community.</p>

<p>There are other amendments on the table too, but these are some of the ones that get directly to the core privacy issues that make CISPA so dangerous. The CDT has a post taking a <a href="https://www.cdt.org/blogs/leslie-harris/2404cispa-progress-flaws-remain" target="_blank">look at others</a>. Ultimately the best solution would be to toss the bill out and start again, drafting sensible cybersecurity legislation that is evidence-based (starting with an evaluation of whether or not its even needed), and since Friday's vote is still not guaranteed there's no reason to stop speaking out against CISPA as a whole. But it's also a good idea to ensure that the bill is as good as it can possibly be when it goes up for vote, by pressuring Congress to adopt these critical amendments.</p><br /><br /><a href="http://www.techdirt.com/articles/20120424/21092718639/now-is-time-to-improve-cispa-before-fridays-vote-pushing-these-critical-amendments.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120424/21092718639/now-is-time-to-improve-cispa-before-fridays-vote-pushing-these-critical-amendments.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120424/21092718639/now-is-time-to-improve-cispa-before-fridays-vote-pushing-these-critical-amendments.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>last-minute-push</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120424/21092718639</wfw:commentRss>
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<pubDate>Fri, 6 Apr 2012 10:30:00 PDT</pubDate>
<title>Former Cybersecurity Czar Thinks DHS Should Spy On All Internet Traffic Crossing Our Borders... Because Of Chinese Pirates?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120405/16421518396/former-cybersecurity-czar-thinks-dhs-should-spy-all-internet-traffic-crossing-our-borders-because-chinese-pirates.shtml</link>
<guid>http://www.techdirt.com/articles/20120405/16421518396/former-cybersecurity-czar-thinks-dhs-should-spy-all-internet-traffic-crossing-our-borders-because-chinese-pirates.shtml</guid>
<description><![CDATA[ Richard Clarke, the former cybersecurity czar in the White House -- and a huge, huge, huge proponent of pushing for greater legislation for spying on Americans under the guise of "cybersecurity" (it used to be "cyberwar" but that term was so laughable, it's been downgraded to "cybersecurity) -- has written one of the most ridiculous <a href="http://www.nytimes.com/2012/04/03/opinion/how-china-steals-our-secrets.html?&#038;pagewanted=all" target="_blank">defenses of new internet spying proposals</a>, claiming that Chinese hackers are stealing all our intellectual property by hacking into computers online.  He has no evidence of this.  He tells apocryphal stories of Chinese hackers somehow getting all the data from a "$1 billion research program copied by hackers in one night."  The whole thing is fear-mongering in the extreme, using the specter of evil "Chinese pirates" hacking computers and stealing important US intellectual property.  That's wrong for a variety of reasons that we've discussed multiple times.  But where it gets downright silly is in his assertion that (1) the US could magically "stop" these mythical hackers from "stealing" data, and (2) that Homeland Security <i>already has</i> the authority to spy on all internet traffic as it comes over the border:
<blockquote><i>
If given the proper authorization, the United States government could stop files in the process of being stolen from getting to the Chinese hackers. If government agencies were authorized to create a major program to grab stolen data leaving the country, they could drastically reduce today&#8217;s wholesale theft of American corporate secrets. 
<br /><br />
[....]
<br /><br />
Under Customs authority, the Department of Homeland Security could inspect what enters and exits the United States in cyberspace. Customs already looks online for child pornography crossing our virtual borders. And under the Intelligence Act, the president could issue a finding that would authorize agencies to scan Internet traffic outside the United States and seize sensitive files stolen from within our borders.
<br /><br />
And this does not have to endanger citizens&#8217; privacy rights. Indeed, Mr. Obama could build in protections like appointing an empowered privacy advocate who could stop abuses or any activity that went beyond halting the theft of important files. 
</i></blockquote>
Almost everything stated above is ridiculous.  As law professor James Grimmelman <a href="https://twitter.com/#!/grimmelm/statuses/188023463246708736" target="_blank">points out</a>, with this article <i>"Richard Clarke disqualifies himself from participating in any serious discussion of cybersecurity."</i>
<br /><br />
Indeed.  It's scary to think that Clarke was ever seen as an expert in cybersecurity.  He seems to be under the assumption that the internet really is a series of tubes, in which customs agents can simply stop all that data at the border and inspect it.  And the idea that appointing a single "privacy advocate" would magically stop abuses?  You'd think he just stepped off the turnip truck, rather than having spent many years in government where privacy was regularly abused, despite much more significant safeguards in place.  Who does he think he's kidding?
<br /><br />
Will we ever have people driving policy discussions on regulating the internet who actually understand the internet?<br /><br /><a href="http://www.techdirt.com/articles/20120405/16421518396/former-cybersecurity-czar-thinks-dhs-should-spy-all-internet-traffic-crossing-our-borders-because-chinese-pirates.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120405/16421518396/former-cybersecurity-czar-thinks-dhs-should-spy-all-internet-traffic-crossing-our-borders-because-chinese-pirates.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120405/16421518396/former-cybersecurity-czar-thinks-dhs-should-spy-all-internet-traffic-crossing-our-borders-because-chinese-pirates.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>um,-no</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120405/16421518396</wfw:commentRss>
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<pubDate>Wed, 28 Mar 2012 16:19:00 PDT</pubDate>
<title>New Bill Seeks To Let DHS Agents Coordinate More With Private Companies In Seizing Property (Like Domains)</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120322/17043918217/new-bill-seeks-to-let-dhs-agents-coordinate-more-with-private-companies-seizing-property-like-domains.shtml</link>
<guid>http://www.techdirt.com/articles/20120322/17043918217/new-bill-seeks-to-let-dhs-agents-coordinate-more-with-private-companies-seizing-property-like-domains.shtml</guid>
<description><![CDATA[ The federal government seems to have a real blindness for the fact that companies given government-granted monopoly privileges in the form of trademarks, copyrights and patents might seek to abuse those rights beyond what is reasonably allowed.  Instead, they seem to assume that private companies will always properly limit any efforts to use those laws against true violators.  Of course, we know that's not true, and that such monopoly holders regularly abuse the laws to block or shut down competitive activity or activity that the IP holder just doesn't like.  And yet, the government continues to ignore that this happens.  Last year, the White House put forth a bunch of suggested <a href="http://www.techdirt.com/articles/20110315/08424413499/administrations-new-ip-enforcement-recommendations-will-only-serve-to-make-ip-less-respected.shtml">changes to IP law</a>, some of which showed up in SOPA.
<br /><br />
One of the ones that <i>didn't</i> show up in SOPA has now made its way into a new legislative proposal, <a href="http://www.govtrack.us/congress/bills/112/hr4216" target="_blank">H.R. 4216: Foreign Counterfeit Prevention Act</a>, introduced by Reps. Ted Poe and Steve Chabot.  The <a href="http://www.govtrack.us/congress/bills/112/hr4216/text" target="_blank">text of the bill</a> seems simple enough.  It changes <a href="http://www.law.cornell.edu/uscode/text/18/1905" target="_blank">18 USC 1905</a>, which currently forbids federal officials from revealing to private parties' information that they come across during investigations.  The new bill seeks to make an exception to that: allowing Homeland Security/Customs &#038; Border Patrol agents to share pre-seizure info or products with trademark and copyright holders.
<br /><br />
Now, on its face, this might make sense.  It's a way for CBP officials to ask copyright and trademark holders if their rights are being abused by potentially infringing products.  But, as we <a href="http://www.techdirt.com/articles/20110315/08424413499/administrations-new-ip-enforcement-recommendations-will-only-serve-to-make-ip-less-respected.shtml">noted</a> when the White House first asked for this law, this hasn't always worked out so well in the past, in part because copyright and trademark holders are often not particularly truthful when asked if they infringe -- and they rarely, if ever, give any thought to fair use or other legitimate uses of their copyrights and trademarks.  In fact, one of the reasons why the federal government <a href="http://www.techdirt.com/articles/20101222/02112912376/more-bigger-mistakes-discovered-homeland-securitys-domain-seizures.shtml">screwed up</a> so badly in <a href="http://www.techdirt.com/articles/20111208/08225217010/breaking-news-feds-falsely-censor-popular-blog-over-year-deny-all-due-process-hide-all-details.shtml">seizing Dajaz1</a> was because it relied on bad claims by the RIAA, who insisted that works that were not infringing were infringing.  Organizations like the RIAA have little incentive to get these things right.  And this bill encourages <i>greater coordination</i> with those private parties?
<br /><br />
The simple fact is that <i>infringement</i> is determined not by the copyright or trademark holder, but through a court process and adversarial hearing.  Having Homeland Security sharing more info with private companies seems like a situation that is ripe for abuse.  We've already seen how Homeland Security sometimes appears to act as the <a href="http://www.techdirt.com/articles/20100630/14391410029.shtml">the private police force</a> of certain private companies.  Are we sure that we really want to create a situation that encourages more such activities?<br /><br /><a href="http://www.techdirt.com/articles/20120322/17043918217/new-bill-seeks-to-let-dhs-agents-coordinate-more-with-private-companies-seizing-property-like-domains.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120322/17043918217/new-bill-seeks-to-let-dhs-agents-coordinate-more-with-private-companies-seizing-property-like-domains.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120322/17043918217/new-bill-seeks-to-let-dhs-agents-coordinate-more-with-private-companies-seizing-property-like-domains.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>this-again</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120322/17043918217</wfw:commentRss>
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<pubDate>Thu, 8 Mar 2012 15:11:11 PST</pubDate>
<title>Slow Down, Homeland Security: Does Everyone Really Agree That We Need Cybersecurity Legislation Now?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120308/12180318040/slow-down-homeland-security-does-everyone-really-agree-that-we-need-cybersecurity-legislation-now.shtml</link>
<guid>http://www.techdirt.com/articles/20120308/12180318040/slow-down-homeland-security-does-everyone-really-agree-that-we-need-cybersecurity-legislation-now.shtml</guid>
<description><![CDATA[ We've been following the debate over <a href="http://www.techdirt.com/articles/20120214/15002817761/cybersecurity-bill-backers-insist-this-isnt-sopa-is-it-needed.shtml">the new cybersecurity bill</a>, while still asking for detailed explanation of why it's needed that is a bit more specific than politicians <a href="http://www.techdirt.com/articles/20120216/17430217786/senators-ramp-up-fear-mongering-to-try-to-rush-through-cybersecurity-bill.shtml">screaming</a> about airplanes falling out of the sky.  To date, no one seems to be able to show any <i>real</i> threat -- other than a bunch of folks in a position to profit from the fear mongering, yelling <a href="http://www.techdirt.com/articles/20120229/17512717918/nsa-power-grab-new-legislation-would-give-it-broad-powers-to-spy-critical-private-networks.shtml">"trust us! it's bad!"</a>  But we've seen this game before, and it's how a lot of money gets wasted, privacy rights are eroded, and nothing is done to deal with any real problem.
<br /><br />
So why can't we hit pause and ask for some actual evidence?
<br /><br />
Yes, there's a turf war between DHS and the NSA/DoD over who gets to control the purse strings and have more control, but no one seems to be asking for the actual evidence.  Instead, they're just trying to push forward as fast as possible.  Witness this blog post from Mark Weatherford, Homeland Security's Deputy Undersecretary for Cybersecurity, in which he insists that <a href="http://blog.dhs.gov/2012/03/private-sector-agrees-we-need.html" target="_blank">everyone agrees that we need a cybersecurity law and we need it now</a>:
<blockquote><i>
We must deliver and we must act quickly. It&#8217;s time to be bold.  The troubling side of spending a week with some of the experts in the cybersecurity world is that when we compare notes on our views of the threat, we all agree that despite the firewalls and layered defenses, we are not always keeping intruders out. We need to continue to sharpen our response tactics and move even faster when an intruder gets inside to limit the damage and protect our information. That requires a fast, unified response between federal agencies and our private partners &#8211; which is where Congress can help.
</i></blockquote>
I agree that we're not always keeping intruders out -- though I think it should be admitted that we'll <i>never</i> "always" keep intruders out.  That's an impossible goal.  And I agree that sharing information to build up better defenses could be a good thing.  But how do we then take the logical leap that this "requires a fast, unified response" from the government?  The operators of these networks already are working hard to keep intruders out and have tremendous incentive to keep improving their defenses.  Why do we need regulations to continue that process?  That's the part that's never been clearly explained, and it seems like a pretty big gap, which all this talk about the necessary "rush" is designed to paper over.<br /><br /><a href="http://www.techdirt.com/articles/20120308/12180318040/slow-down-homeland-security-does-everyone-really-agree-that-we-need-cybersecurity-legislation-now.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120308/12180318040/slow-down-homeland-security-does-everyone-really-agree-that-we-need-cybersecurity-legislation-now.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120308/12180318040/slow-down-homeland-security-does-everyone-really-agree-that-we-need-cybersecurity-legislation-now.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>why-the-rush,-sparky?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120308/12180318040</wfw:commentRss>
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<pubDate>Fri, 17 Feb 2012 07:40:35 PST</pubDate>
<title>Senators Ramp Up Fear Mongering To Try To Rush Through Cybersecurity Bill</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120216/17430217786/senators-ramp-up-fear-mongering-to-try-to-rush-through-cybersecurity-bill.shtml</link>
<guid>http://www.techdirt.com/articles/20120216/17430217786/senators-ramp-up-fear-mongering-to-try-to-rush-through-cybersecurity-bill.shtml</guid>
<description><![CDATA[ We're still waiting for any actual <a href="http://www.techdirt.com/articles/20120214/15002817761/cybersecurity-bill-backers-insist-this-isnt-sopa-is-it-needed.shtml">evidence</a> that this new cybersecurity bill is really necessary.  An actual description of the <i>real problem</i> being dealt with would be a good start.  Instead, we just get pure fear mongering.  While some Senators are asking supporters of the bill to <a href="http://thehill.com/blogs/hillicon-valley/technology/211243-sens-mccain-and-lieberman-clash-over-cybersecurity?utm_campaign=HilliconValley&#038;utm_source=twitterfeed&#038;utm_medium=twitter" target="_blank">slow down and carefully consider the issue</a>, the bill's backers, led by Senator Lieberman seem to be on "full speed ahead" mode -- trying to skip hearings and markups to take the bill straight to the Senate floor for a vote.
<br /><br />
In this case, Senator John McCain is urging caution, and pushing back at claims that because totally different cybersecurity bills have been introduced in the past, this one can be rushed:
<blockquote><i>
To suggest that this bill should move directly to the Senate Floor because it has &#8216;been around&#8217; since 2009 is outrageous," McCain said. "First, the bill was introduced two days ago. Secondly, where do Senate Rules state that a bill&#8217;s progress in a previous congress can supplant the necessary work on that bill in the present one?"
</i></blockquote>
Of course, it isn't that McCain is "the voice of reason" here.  He's actually pushing for a different bill that will <a href="http://www.wired.com/threatlevel/2012/02/cybersecurity-act-of-2012/" target="_blank">give NSA broad spying powers</a> over the internet.  The dispute between McCain and Lieberman is really a long-running territorial dispute -- concerning whether Homeland Security or the Defense Department get to <a href="http://www.techdirt.com/articles/20100826/03213110782.shtml">control</a> the "cybersecurity" budget.  The Lieberman bill gives the power to Homeland Security.  McCain wants to give it to the DoD.  Neither seem to want to bother with evidence of the actual need here.
<br /><br />
Of course, backers of the bill are falling back on their typical doomsday scenarios to explain why they have to rush and avoid any sort of discussion or evidence:
<blockquote><i>
Sen. Jay Rockefeller (D-W. Va.), Sen. Dianne Feinstein (D-Calif.) and Homeland Security Secretary Janet Napolitano warned the committee there could be grave consequences if Congress does not act to protect cybersecurity.
<br /><br />
"Think about how many people could die if a cyber terrorist attacked our air traffic control system and planes slammed into one another," Rockefeller said. "Or if rail switching networks were hacked&#8212;causing trains carrying people&#8212;or hazardous materials&#8212;to derail and collide in the midst of some of our most populated urban areas, like Chicago, New York, San Francisco or Washington."
</i></blockquote>
Yes, and think about how life would suck if someone hacked the road system in West Virginia and turned all roads into cabbage patches?  I mean, if we're talking about total hypotheticals with no actual likelihood of happening, that seems just as reasonable a scenario as Rockefeller's.  It's pure, insane, unsupported hypothetical fear mongering.  Is our air traffic system connected to the internet?  I sure hope not.  If it is, that's the problem -- not the lack of some cybersecurity bill.  We've seen no evidence that the air traffic or rail switching are subject to attack, so creating Hollywood-style scenarios is pretty ridiculous.  Is Rockefeller honestly suggesting that the folks who run these systems aren't doing everything they can to secure those systems and that there would be any significant differences if this cybersecurity bill is passed?  Somehow I don't think the folks who maintain our air traffic control system are sitting around thinking there's nothing they can do until a cybersecurity bill is in place.
<br /><br />
So how about we take a step back, and rather than passing a broad bill based on fear mongering, folks like Rockefeller and Feinstein (hell, or even McCain) produce some <i>actual evidence</i> of a threat?  Or is that too hard?<br /><br /><a href="http://www.techdirt.com/articles/20120216/17430217786/senators-ramp-up-fear-mongering-to-try-to-rush-through-cybersecurity-bill.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120216/17430217786/senators-ramp-up-fear-mongering-to-try-to-rush-through-cybersecurity-bill.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120216/17430217786/senators-ramp-up-fear-mongering-to-try-to-rush-through-cybersecurity-bill.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>and-of-course</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120216/17430217786</wfw:commentRss>
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<pubDate>Thu, 2 Feb 2012 13:26:21 PST</pubDate>
<title>ICE Seizes 300 More Sites; Can't Have People Watching Super Bowl Ads Without Permission</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120202/12374117639/ice-seizes-300-more-sites-cant-have-people-watching-super-bowl-ads-without-permission.shtml</link>
<guid>http://www.techdirt.com/articles/20120202/12374117639/ice-seizes-300-more-sites-cant-have-people-watching-super-bowl-ads-without-permission.shtml</guid>
<description><![CDATA[ Despite the massive failures of Immigration and Customs Enforcement's (ICE) program to seize domains on questionable legal theories, it's right back at it.  ICE has just <a href="http://www.ice.gov/news/releases/1202/120202indianapolis.htm" target="_blank">seized over 300 domains</a> apparently all related to the Super Bowl (of course).  They did this last year too... and now the US government is in court over it with the <a href="http://www.techdirt.com/search.php?cx=partner-pub-4050006937094082%3Acx0qff-dnm1&#038;cof=FORID%3A9&#038;ie=ISO-8859-1&#038;q=rojadirecta">Rojadirecta</a> sites.  Many of the sites were selling counterfeit merchandise, which is a more reasonable target, but still seems to be overblown.  I'm still at a loss as to how this is any of the government's concern, rather than a civil issue that could be taken up by the NFL itself.  Do we really want law enforcement officials spending time working for the NFL?
<br /><br />
Sixteen of the sites in question, however, were supposedly offering video streaming -- which is what Rojadirecta was accused of doing (under a bogus legal theory, since it didn't actually offer the streams, but merely links).  In this case, ICE also <i>arrested</i> one guy for running a streaming site:
<blockquote><i>
Additionally, Yonjo Quiroa, 28, of Comstock Park, Mich., was arrested Wednesday by special agents with HSI. He is charged with one count of criminal infringement of a copyright related to his operation of websites that illegally streamed live sporting event telecasts and pay-per-view events over the Internet. Quiroa operated nine of the 16 streaming websites that were seized, and he operated them from his home in Michigan until yesterday's arrest.
<br /><br />
The website seizures during Operation Fake Sweep represent the 10th phase of Operation In Our Sites, a sustained law enforcement initiative targeting counterfeiting and piracy on the Internet. The 307 websites are in the process of being seized by law enforcement, and will soon be in the custody of the federal government. Visitors to these websites will then find a seizure banner that notifies them that the domain name has been seized by federal authorities and educates them that willful copyright infringement is a federal crime.
</i></blockquote>
Of course, this has to raise a pretty significant question: exactly how is someone streaming the Super Bowl harming... well... anyone?  The entire point of the Super Bowl is to get as many people watching the advertisements as possible.  Having the game streamed only increases the number of people watching those ads.  Who, exactly, is harmed by this?
<br /><br />
In discussing these particular website seizures (not the ones about counterfeiting products), ICE ridiculously declares that it's somehow protecting American ideas from being stolen.  Do they even realize how idiotic that sounds?  What "idea" is being stolen when someone makes it easier to watch the ads that go with the Super Bowl?<br /><br /><a href="http://www.techdirt.com/articles/20120202/12374117639/ice-seizes-300-more-sites-cant-have-people-watching-super-bowl-ads-without-permission.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120202/12374117639/ice-seizes-300-more-sites-cant-have-people-watching-super-bowl-ads-without-permission.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120202/12374117639/ice-seizes-300-more-sites-cant-have-people-watching-super-bowl-ads-without-permission.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>advertisements-without-permission?</slash:department>
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<pubDate>Wed, 25 Jan 2012 11:28:06 PST</pubDate>
<title>Hollywood Astroturf Group Releases Ad Saying It Needs SOPA To Shut Down Megaupload... Five Days After Megaupload Is Shut Down</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120125/03500717535/hollywood-astroturf-group-releases-ad-saying-it-needs-sopa-to-shut-down-megaupload-five-days-after-megaupload-is-shut-down.shtml</link>
<guid>http://www.techdirt.com/articles/20120125/03500717535/hollywood-astroturf-group-releases-ad-saying-it-needs-sopa-to-shut-down-megaupload-five-days-after-megaupload-is-shut-down.shtml</guid>
<description><![CDATA[ CreativeAmerica, the <a href="http://www.techdirt.com/articles/20111021/10564516449/creativeamerica-when-major-hollywood-studios-set-up-bogus-grassroots-campaigns.shtml">astroturfing group</a> that pretends it's a "grassroots" operation -- but which is funded by the major Hollywood studios and run by <a href="http://www.techdirt.com/articles/20120121/01515617498/creative-america-restocks-hires-former-dhsice-spokesperson.shtml">former studio/MPAA execs</a> -- is amazingly inept at communicating with the public, especially considering these guys are supposed to be communications experts.  Remember, this is the same group who, while fighting for stronger laws against copying, flat out <a href="http://www.techdirt.com/articles/20120110/10592617366/creativeamerica-copies-content-to-support-anti-copying-bills.shtml">copied</a> the email of anti-SOPA activists, and changed a few words to push their own pro-SOPA message.
<br /><br />
Their latest move is even more bizarre.  The group is touting its latest <a href="https://www.facebook.com/creativeamerica/posts/137466389705168" target="_blank">slickly produced propaganda film</a>, insisting that SOPA/PIPA are needed for a variety of reasons -- almost none of which are true.  It throws out the bogus claim of jobs being at risk, even though the evidence <a href="http://www.techdirt.com/articles/20111213/18060117071/actually-jobs-making-movies-are-rise-not-falling.shtml">shows otherwise</a>.  But where it gets totally ridiculous is that the video focuses mostly on Megaupload and Kim Dotcom/Schmitz.  The point of focusing on Megaupload?  To claim that <i>it can't be reached under existing law</i>.  Seriously.  It talks about Megaupload for a while (claiming that it brings in $300 million per year -- which turns out to be 10x the actual number, by the way) and then says:
<blockquote><i>
US law enforcement is only permitted to shut down US-based IP addresses.  Overseas sites, like Megaupload and Megavideo, and the Swedish-based Pirate Bay, are out of reach.
</i></blockquote>
Yes.  And they're releasing this video five whole days after the US government showed that existing laws actually <i>do</i> allow them to reach Megaupload and <a href="http://www.techdirt.com/articles/20120119/13052817473/doj-gives-its-opinion-sopa-unilaterally-shutting-down-foreign-rogue-site-megaupload-without-sopapipa.shtml">shut it down</a>.  So, um, why do we need these new laws again?
<br /><br />
Seriously, the video shows the level of lies that CreativeAmerica and the MPAA will spread to try to pass new, even broader laws.  What's stunning is how blatant they are about it, releasing this video even after events from a week ago already proved it wrong.
<br /><br />
Furthermore, almost everything else in that sentence is wrong, beyond just the idea that Megaupload was supposedly out of reach of US law enforcement.  Current law enforcement can seize US <i>domains</i>, which are different from IP addresses.  And, even more ridiculously, in the video, right before they claim that US law enforcement can't reach foreign sites... they show a clip of TVShack.net -- a UK-based site that the government seized and shut down (and is now trying to extradite its founder, student Richard O'Dwyer).
<br /><br />
Why must CreativeAmerica lie?  Perhaps because the facts just aren't on its side.
<br /><br />
The video has a number of other problems.  It relies heavily on Erik Barnett, Deputy Director for ICE, regularly seen in various press releases about ICE's program of illegally censoring websites.  It really makes you wonder why a government official is appearing in a video for a lobbying group trying to pass new laws.  Perhaps it's not illegal, but it certainly raises serious questions about the cozy relationship between ICE and the MPAA. Barnett has a history of being less than truthful about ICE activities.  Last summer, you may remember, he <a href="http://www.techdirt.com/articles/20110608/20310614626/ice-wants-european-countries-to-join-domain-seizure-party.shtml">flat out lied</a>, in claiming that none of the sites seized by ICE were challenging the seizures, when he knew that a <a href="http://www.techdirt.com/articles/20110612/21573514664/list-sites-challenging-domain-seizures.shtml">bunch of sites</a> had already brought up challenges.
<br /><br />
Now Barnett is claiming that this program of seizing domains without any due process is a huge success because they seized "the nine most popular content theft sites out there."  Even ignoring the misuse of the word "theft" (shouldn't law enforcement know how to use the word properly?), this is laughable.  I mean, elsewhere in the video, they claim that TPB and Megaupload are the two most popular, but they weren't seized when the video was made.  Instead, what ICE seized was a bunch of hip hop blogs (that weren't even <i>that</i> big), including one that it held for a year before the Justice Department was forced to effectively admit that ICE totally screwed up and the domain had to be returned.  Other domains are still being held in this manner as well.  The fact that Barnett would flat out lie and pretend that this program of blatant censorship is some sort of big success... in an industry propaganda film, certainly raises some significant questions about ICE and how it's run these days.
<br /><br />
The video has some other laughable moments... such as talking to Bruce Leddy, the writer/director of the film <i>Wedding Weekend</i> (originally called "Sing Now Or Forever Hold Your Peace" or "Shut Up And Sing"), who freaks out over the fact that his movie was available online, and is decrying all of the "losses."  A couple problems with this.  Wedding Weekend was apparently a terrible movie.  The movie made a grand total of $15,998 on its opening weekend on 11 screens, and was out of theaters a week later, grossing a grand total of $20,903.  And it wasn't because of infringement.  It was because most people thought it was awful.  Most of the <a href="http://www.imdb.com/title/tt0475390/externalreviews" target="_blank">professional reviews</a> make it sound pretty bad, using words and phrases  like <a href="http://www.villagevoice.com/2007-04-17/film/sing-now-or-forever-hold-your-peace/" target="_blank">"uneven,"</a> <a href="http://movies.nytimes.com/2007/04/27/movies/27sing.html">"less tolerable,"</a> <a href="http://www.slantmagazine.com/film/review/sing-now-or-forever-hold-your-peace/2850" target="_blank">"clunky narration," "one-trait characterizations,"</a> <a href="http://www.avclub.com/articles/sing-now-or-forever-hold-your-peace,3495/" target="_blank">"the title is the least of the film's problems,"</a> etc.  User reviews are more harsh.  Over at Rotten Tomatoes one user <a href="http://www.rottentomatoes.com/m/wedding_weekend/reviews/?type=user" target="_blank">notes</a>:
<blockquote><i>
This film is horrible. It has no redeeming features what so ever. I could criticise every single aspect of this film but I can't be bothered, it would be quicker for me to tell you about what is good about it. So here it goes, the only good thing about this film is that it has damaged the careers of everyone who worked on it. Hopefully. Never have I wanted to punch every single person on screen....
</i></blockquote>
Somehow, I get the feeling that its availability online was the least of its problems.  I'd be surprised if it actually got that many downloads at all.  Meanwhile, we keep hearing stories of smart filmmakers embracing the internet, and giving people reasons to buy (starting with a better quality movie).  He claims, "there's no recourse," but that's ridiculous.  One only needs to look at the experiences of Louis CK to know that, even if your videos end up on torrent sites, if you handle it properly, you can <a href="http://www.techdirt.com/blog/casestudies/articles/20111222/12435717172/louis-ck-over-1-million-sales-just-12-days-drm-free-download.shtml">still cash in</a>.  Leddy's failure to make a good movie and his subsequent failure to put in place a good business model is no excuse for passing a bad law with massive unintended consequences.
<br /><br />
Still, this really shows the incredible desperation of the MPAA, though.  The astroturf group it has created is really reaching in its efforts to come up with some sort of justification for SOPA/PIPA...<br /><br /><a href="http://www.techdirt.com/articles/20120125/03500717535/hollywood-astroturf-group-releases-ad-saying-it-needs-sopa-to-shut-down-megaupload-five-days-after-megaupload-is-shut-down.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120125/03500717535/hollywood-astroturf-group-releases-ad-saying-it-needs-sopa-to-shut-down-megaupload-five-days-after-megaupload-is-shut-down.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120125/03500717535/hollywood-astroturf-group-releases-ad-saying-it-needs-sopa-to-shut-down-megaupload-five-days-after-megaupload-is-shut-down.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>you-guys-make-me-laugh</slash:department>
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