1. The FISA Amendments Act, which was passed in association with the Patriot Act, supposedly to give the NSA more powers to scoop up communications of folks involved in terrorist activity. Now, the NSA is -- by mandate -- not allowed to spy on Americans. And yet, multiple whistleblowers and hints from folks who know in Congress have made it quite clear that the NSA has interpreted the FISA Amendments Act to allow exactly that -- even as many in Congress clearly don't understand how the bill is being used.
   
   While it's still not official, enough information has been revealed to show that the NSA interprets the requirement that its surveillance target foreign persons to mean that as long as it's looking for foreign terrorist activity, it can spy on everyone. Get that? It's a sneaky trick that many have not realized. The NSA argues -- likely with agreement from a secret court ruling -- that so long as it can claim that it is investigating a foreign threat somewhere, somehow, the prohibition on spying on Americans does not apply. There is increasing evidence that this now means that the NSA is scooping up pretty much all data it can get its hands on. While it may not be going through it in real time, it appears to believe that as long as it can make the argument that it's searching for a foreign threat, that it can delve into that treasure chest of, well, everything.
   
   
2. Next: the "national security letters" (NSL) issue. While a court recently ruled these unconstitutional, this process has been widely abused by the FBI for years to get private information on people without a warrant and with a gag order on recipients. Every time it's been investigated, it's been shown that the FBI has widely abused its NSL powers. However, since there's almost no oversight, the FBI still feels free to make widespread use of the tool, which was only supposed to be used in extreme circumstances.
   
   Along those lines, the FBI has gotten so comfortable with asking companies for data without a warrant or any formal oversight process, that it was revealed a few years ago that, rather than going through the drudge of actually processing paperwork to get private info from AT&T, some agents simply used Post-It Notes to make their requests, which AT&T readily coughed up without question.

• Recently, divers off the coast of Kona in Hawaii caught video footage of a bottlenose dolphin asking a human for help to get out of a tangle of fishing lines. The dolphin swam up to one diver as he gestured with his hand for it to come closer. The diver removed a fishing hook out of the dolphin's left pectoral fin, and at one point the dolphin had to surface for air, but it went back so that the diver could finish untangling it. [url]
• Dog owners can now figure out just how smart their dogs are with Dognition. It's a web app that lets dog owners record the results of their experiments, which involve playing games with their dogs designed to assess five dimensions of intelligence (empathy, communication, cunning, memory, and reasoning). The data collected from the Dognition project could help scientists better understand the way dogs think and behave. [url]
• Dogs are able to subtly alter the timing, pitch, and amplitude of their barks to produce a variety of sounds that could have different meanings. While humans may have trouble distinguishing between a "food growl" and a "stranger growl," studies have shown that dogs can recognize the meaning of particular barks and growls of other dogs. [url]
• Here are eight other animals that show notable signs of intelligence: Chimpanzees have DNA that is more than 98% identical to human DNA; elephants exhibit self-awareness; cephalopods are curious and have the ability to learn and use tools; crows are crafty; squirrels can be deceptive; dogs can understand people's intentions; cats are extremely adaptable; and pigs can distinguish between familiar scribbles on a screen and ones that they have never seen before. [url]

The Obama administration is moving to relax restrictions on how counterterrorism analysts may access, store and search information about Americans gathered by government agencies for purposes other than national security threats.

Attorney General Eric H. Holder Jr. on Thursday signed new guidelines for the National Counterterrorism Center, which was created in 2004 to foster intelligence sharing and to serve as a clearinghouse for terrorism threats.

The guidelines will lengthen to five years — from 180 days — the center’s ability to retain private information about Americans when there is no suspicion that they are tied to terrorism, intelligence officials said. The guidelines are also expected to result in the center making more copies of entire databases and “data-mining them” — using complex algorithms to search for patterns that could indicate a threat — than it currently does.

They also said they had built safeguards into the system in to protect against misuse of the data, including audits to make sure that searches by government officials of the growing center-held databases would be done only for legitimate terrorism-related purposes.

• Cows in the UK outfitted with "smart collars" can notify farmers when they're sick or in heat. The collars use the same kind of 3D sensor that is found in Wii video game controllers to detect movement. [url]
• A monkey in China with two sensor chips implanted in its brain can control a robot hand with its thoughts. The sensors monitor 200 neurons in the monkey's motor cortex, and its brain signals are translated into real-time robotic finger movements. [url]
• Alex, an African grey parrot, had mathematical abilities that were at least as good as those of chimpanzees. He had been trained to count objects, and could add two numbers up to a total sum of eight, or add two sets of objects up to a total sum of six. [url]
• To discover more interesting biological curiosities, check out what's currently floating around the StumbleUpon universe. [url]  

"Nobody wants the easy stuff anymore and there is no point spending effort and money collecting it," said Sir David, who was giving the annual Mountbatten Memorial Lecture at the Institution of Engineering and Technology.

"Many of the sort of things for which [officials] once would have turned to the intelligence agencies are now readily available to them online," he said.

"Thanks to Google Maps and Streeview anyone can today see photographic detail of far away countries which hitherto would have been available only through secret and highly sophisticated national satellites.

"Intelligence producers have had to become very sensitive to this phenomenon and very careful not to put effort into producing intelligence that purports to be secret which is in fact not secret at all."

Sir David Pepper also said "the Google effect" meant that officials who use secret intelligence were demanding it quicker than ever before.

"If the intelligence readers are used to getting information online very fast they're going to expect the intelligence agencies to be able to do much the same thing," he said.

But online information was offering opportunities as well as challenges to those in the espionage trade, Sir David said. "You can find out a lot about potential spies without ever meeting them, simply by looking at their online footprints,"* he said.

A democracy requires accountability, and accountability requires transparency. As Justice Louis Brandeis wrote, "sunlight is said to be the best of disinfectants." In our democracy, the Freedom of Information Act (FOIA), which encourages accountability through transparency, is the most prominent expression of a profound national commitment to ensuring an open Government. At the heart of that commitment is the idea that accountability is in the interest of the Government and the citizenry alike.

The Freedom of Information Act should be administered with a clear presumption: In the face of doubt, openness prevails. The Government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears. Nondisclosure should never be based on an effort to protect the personal interests of Government officials at the expense of those they are supposed to serve. In responding to requests under the FOIA, executive branch agencies (agencies) should act promptly and in a spirit of cooperation, recognizing that such agencies are servants of the public.

• Here's a list of 9 other species that exhibit some form of intelligence that we've actually observed. It'd be a more impressive list if there were a way to really quantify and rank the varying degrees of intelligence, but then humans might not look so good on such a scale... [url]
• I think someone snuck in their pet dog into this photo gallery of smart animals (all with human-granted names). Apsalah the orangutan seems a bit over-represented, too. [url]
• A few types of parasitic fungus can turn ants into zombie-slaves. Maybe it's not intelligence, but these fungi are often cited as an example of intelligent design (though doesn't explain why an intelligent designer would ever create such a roundabout process). [url]
• To discover more biological phenomena, check out what's currently floating around the StumbleUpon universe. [url]  

1. The BPI seems to think that the UK intelligence community is now the biggest threat to stopping the bill. Seriously. Apparently, UK spies are afraid that passing this bill will drive a very large number of people to switch to using encrypted internet tools, making it that much more difficult to spy on them. This may be an accurate concern, but it's surprising to hear that the intelligence community is now considered the biggest hurdle to getting the bill passed. Apparently, the BPI is fairly unconcerned with consumer rights groups. The BPI seems so paranoid about the intelligence community, that it actually suggests in the memo that the British spying agency MI5 may have paid for a recent survey released by the ISP Talk Talk, saying that 71% of those 18-34 years old would continue to file share, using "undetectable means."
   
   The memo also mocks the fact that this particular bill now has the Open Rights Group on the same side of an issue as MI5 -- when the two are normally somewhat diametrically opposed.
   
   
2. While the BPI sounds fairly confident that the bill will get through, it recognizes that it could get stalled if enough Members of Parliament start asking questions about the speed with which the bill is being pushed through:

   As for the House of Commons -- which will be sent the Bill next week -- there is a strange sense of detachment. MPs with whom we spoke back in Autum are already resigned to the fact that they will have minimum input into the provisions from this point on, given the lack of time for detailed scrutiny. One leading backbencher has told us that there is "little point in meeting, since the Bill will be determined at wash-up". That said, John Whittingdale -- an inveterate "timing sceptic" (i.e. he's for the Bill but doesn't think it will get through in time) has said this week that he still thinks it could be lost if enough MPs protest at not having the opportunity to scrutinise it. Whilst true in constitutional theory terms, the hard politics of the situation makes it seem unlikely. And inveterate opponents like Derek Wyatt and Tom Watson continue to blog and tweet with critical comments, but there is not the sense of a groundswell of massive opposition to the Bill.

   In other words: if you live in the UK, now is the time to start speaking up and contacting your elected officials, as well as letting others know that a bill to greatly take away your rights is about to be pushed through the House of Commons, unless you speak up now.
   
   
3. Finally, among the "upcoming" activities, the memo mentions that on Wednesday the 18th, there will be a release of a report from TERA on "The importance of saving jobs in the EU's Creative Industries." We see these types of reports all the time, and they're usually poorly thought out and poorly argued, assuming, incorrectly, that a loss of jobs in one part of an industry might not be made up elsewhere, and rarely (if ever) paying attention to the fact that artificially propping up one part of the industry has massive negative consequences for other areas in the economy. So let's see what this report says. But assuming you start seeing press reports about this later this week, make sure to read through them with a critical eye.

Law enforcement groups, which include the Serious and Organised Crime Agency (Soca) and the Metropolitan Police's e-crime unit, believe that more encryption will increase the costs and workload for those attempting to monitor internet traffic. One official said: "It will make prosecution harder because it increases the workload significantly."

A source involved in drafting the Bill said that the intelligence agencies, MI5 and MI6, had also voiced concerns about disconnection. "The spooks hate it," the source said. "They think it is only going to make monitoring more difficult."

Enforcement groups are also unhappy that the Government's change of plans has left them little time to draw up a response. Lord Mandelson's intervention came two months after the Government's Digital Britain report, published in June, failed to back disconnection.