New Zealand Apologizes for Illegal Domestic Spying

Meanwhile the United States continues to snoop on everyone and doesn’t even admit it.

By TREVOR TIMM | EFF | OCTOBER 9, 2012

Imagine this: A government, faced with public evidence that its foreign spy service was conducting domestic surveillance on its residents—instead of claiming the information is somehow secret and the people responsible are above the reach of the law—admits in public and in the courtroom that it violated basic rights.

That is exactly what happened last week in New Zealand in the controversial copyright infringement case surrounding Megaupload and its founder Kim Dotcom. At the same time in the US, the government is faced a very similar scenario: overwhelming evidence the National Security Agency (NSA) has illegally spied on Americans. However, not only has the government refused to admit any wrongdoing, it is actively trying to prevent courts from coming to any conclusions.

As EFF has previously reported, the case against Megaupload and Dotcom has been controversial from the start. Dotcom was arrested in New Zealand, while the U.S. government seized Megaupload’s property and executed search warrants on its leased servers based on claims of alleged copyright infringement the day after SOPA was declared dead by Congress. The military-style raid by the New Zealand police was criticized as over-excessive. And the loss of access to the servers has left many innocent users without access to their lawful data.

Then in June, the High Court in New Zealand ruled the warrants executed for the raid in New Zealand were invalid, making the resulting searches and seizures “illegal.” Now add that to the recent news that the Government Communications Security Bureau (GCSB)—New Zealand’s equivalent to the NSA—was illegally spying on Dotcom by monitoring all Internet traffic coming to and from his home.  (The GCSB is legally barred some spying on residents of New Zealand, and a cursory check of government records shown Dotcom has been an official resident since 2010.)

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Google Warning Users against State-sponsored Cyber attacks

This move by the technology giant shouldn’t be understood as an attempt to keep user information safe. Google, a government-sponsored data mining operation is perhaps the largest violator of privacy on the Internet.

By JOHN ROGIN | FOREIGN POLICY | JUNE 6, 2012

A senior Senate aide confirmed that this evening he received a warning on his Gmail account that Google suspected he had been the target of a state-sponsored cyber attack.

Web giant Google is about to announce a new warning informing Gmail users when a specific type of attacker is trying to hijack their accounts — governments and their proxies.

Later today, the company will announce a new warning system that will alert Gmail users when Google believes their accounts are being targeted by state-sponsored attacks. The new system isn’t a response to a specific event or directed at any one country, but is part and parcel of Google’s recent set of policy changes meant to allow users to protect themselves from malicious activity brought on by state actors. It also has the effect of making it more difficult for authoritarian regimes to target political and social activists by hacking their private communications.

“We are constantly on the lookout for malicious activity on our systems, in particular attempts by third parties to log into users’ accounts unauthorized. When we have specific intelligence-either directly from users or from our own monitoring efforts-we show clear warning signs and put in place extra roadblocks to thwart these bad actors,” reads a note to users by Eric Grosse, Google’s vice president for security engineering, to be posted later today on Google’s Online Security blog, obtained in advance by The Cable. “Today, we’re taking that a step further for a subset of our users, who we believe may be the target of state-sponsored attacks.”

When Google’s internal systems monitoring suspicious internet activity, such as suspicious log-in attempts, conclude that such activities include the involvement of states or state-backed initiatives, the user will now receive the specialized, more prominent warning pictured above. The warning doesn’t necessarily mean that a user’s account has been hijacked, but is meant to alert users that Google believes a state sponsored attack has been attempted so they can increase their security vigilance.

Google wants to be clear they are not singling out any one government for criticism and that the effort is about giving users transparency about what is going on with their accounts, not about highlighting the malicious actions of foreign states.

“If you see this warning it does not necessarily mean that your account has been hijacked. It just means that we believe you may be a target, of phishing or malware for example, and that you should take immediate steps to secure your account,” Grosse writes. “You might ask how we know this activity is state-sponsored. We can’t go into the details without giving away information that would be helpful to these bad actors, but our detailed analysis-as well as victim reports-strongly suggest the involvement of states or groups that are state-sponsored.”

Google insiders told The Cable that Google will not be giving out information on which governments it sees as the most egregious violators of web privacy.  For Google, the new initiative is not an effort against governments but a way to help its users help defend and protect themselves.

Users who click through the new warning message will be directed to a page that outlines commonly seen security threats and suggests ways users can immediately raise their level of security on Gmail.

“We’re constantly working to prevent harmful activity on our services, especially attempts to compromise our users’ information,” the insider said. “The primary message is: we believe that you’re a target so you should take immediate steps to protect your account.”

The new announcement comes only days after the company said they would alert users in mainland China when they use search terms that are likely to be censored by the Chinese government. According to another of Google’s official blogs, that move was meant to improve the search experience for Chinese users by allowing them to avoid terms that would result in stalls or breaks in their search experience due to government filters.

For example, Google said that Chinese users searching the character for “river,” which is “jiang” in Chinese, causes technical problems. The same character is also used in the search for former Chinese President Jiang Zemin.

Google didn’t specifically mention Chinese censorship in its notice about Chinese search terms, apparently in an effort not to antagonize the Chinese government any more than necessary. Google and Beijing have been at odds since 2010, when the company announced it would no longer censor search terms on the Google.cn and moved the bulk of its Chinese operations to Hong Kong.

That move followed a series of Gmail attacks in 2010, directed at Chinese human rights activists, which were widely suspected to be linked to the Chinese government. Following those attacks, the government-controlled People’s Daily publicly accused Google of being an agent for U.S. intelligence agencies.

While last week’s announcement and this week’s announcement are both being presented by Google as user based initiatives not directed at foreign governments, Google CEO Eric Schmidt has been speaking out publicly and forcefully in recent months about the potential negative role governments can play in circumventing internet freedom.

“While threats come from individuals and even groups of people, the biggest problem will be activities stemming from nations that seek to do harm,” he said in London last month.

US Police can Search Cell Phones without Warrant

by Jay Gormley
CBS
March 7, 2012

Think about all the personal information we keep in our cell phones: It’s something to consider after the U.S. Court of Appeals for the 7th Circuit ruled it is now legal for police to search cell phones without a warrant.

Former Dallas FBI Agent Danny Defenbaugh said the ruling gives law enforcement a leg up. “I think not only will it help them, but it could be life saving,” said the former Special Agent, who was based in Dallas.

The decision stems from an Indiana case where police arrested a man for dealing drugs. An officer searched the suspect’s cell phone without warrant.

The judge in the appeal case, Judge Richard Posner, agreed that the officer had to search the phone immediately or risk losing valuable evidence. Judge Posner ruled it was a matter of urgency, arguing it was possible for an accomplice to wipe the phone clean using a computer or other remote device.

Defenbaugh says the ruling takes into account exigent or time-sensitive circumstances that could be life saving in more urgent cases, such as child abduction. ”If the child is alive and you’re only minutes behind, that could be critical to recovering that child alive,” added Defenbaugh.

Paul Coggins is the former U.S. Attorney for the Northern District of Texas. Coggins says the court’s ruling pushes the envelope on privacy issues. Judge Posner ruled that the search was legal because the officer conducted a limited search and only looked for a phone number associated with the alleged drug deal.

However, Coggins wonders if it opens the door to more extensive searches down the road. “Does that mean officers now have the right to search through your phone, search through your search history, your photographs, your e-mails and the rest, because it could all be wiped clean,” Coggins asked.

Many critics are asking the same question. They call the ruling an invasion of privacy that far outweighs the needs of law enforcement.

Both Defenbaugh and Coggins agree that the case is likely to go to the U.S. Supreme court.

Big Brother gets Bigger in Canada

Breitbart.com
February 14, 2012

(Via AFP) Canada’s government Tuesday introduced a bill to give law enforcement authorities sweeping powers to probe online communications, but the move sparked criticism about threats to privacy.

“New technologies provide new ways of committing crimes, making them more difficult to investigate,” Justice Minister Rob Nicholsontold a press conference in unveiling the measure.

“This legislation will enable authorities to keep pace with rapidly changing technology.”

 Opposition parties and civil liberties groups, however, said new police powers contained in the bill could result in unreasonable searches and seizures.

Privacy Commissioner Jennifer Stoddart, whose office is independent from the government, said in a letter to Public Safety Minister Vic Toews last October she had “deep concerns” about the proposed changes, which she said could have “serious repercussions for privacy rights.“

“I recognize that rapid developments in communication technologies are creating new challenges for law enforcement and national security authorities and that the Internet cannot be a lawless zone,” Stoddart said.

But “by expanding the legal tools of the state to conduct surveillance and access private information, and by reducing the depth of judicial scrutiny… (the bill would allow the) government to subject more individuals to surveillance and scrutiny.”

Further more it goes “far beyond simply maintaining investigative capacity or modernizing search powers. Rather, (it) added significant new capabilities for investigators to track, and search and seize digital information about individuals.”

The legislation would require telecommunications service providers to set up systems that allow police or Canada’sspy service to intercept communications as part of their investigations.

As well, they would be required to provide subscriber information to authorities and other data that would allow police to track suspects using a cell phone or a computer.

Toews in parliament insisted the newest draft of the bill balances law enforcement needs and privacy rights, but Stoddart’s office told AFPher concerns remain.

 

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