http://www.pogowasright.org/?p=4787
Privacy, free speech, and the PATRIOT Act: First and Fourth Amendment limits on national security letters
October 26, 2009 by Dissent Filed under Legislation, Surveillance, U.S.
Patrick P. Garlinger has a Note in the October issue of the New York University Law Review. The abstract is:
Congress’s passage of the Patriot Act after 9/11 expanded the Federal Bureau of Investigation’s (FBI) information-gathering authority to issue national security letters (NSL). Without any judicial review, the FBI issues NSLs to telecommunications providers to obtain customer subscriber information, including sources of payment, records of Internet activity, addressees and subject lines of emails, websites visited, and search queries. Because a subscriber has voluntarily given the data to a third party, the NSL is not considered a “search” for Fourth Amendment purposes, under the so-called “third-party doctrine.” To overcome this constitutional shortcoming, commentators have argued that the chilling effect NSLs have on the exercise of free speech makes such investigations suspect under the First Amendment.
Despite the appeal of the First Amendment argument, this Note argues that a subscriber’s free speech claim against an NSL faces more significant doctrinal hurdles than scholars have recognized: The First Amendment does not directly protect privacy, making a chilling effect claim hard to sustain. Furthermore, the standard of review in First Amendment cases may be too deferential to the government because the Patriot Act does not directly target speech, only data related to communicative activity. Instead, this Note proposes statutory reform for more enhanced judicial review and considers how the First Amendment could be used, not as an independent challenge, but rather as a basis for modifying the third-party doctrine. The Note concludes that the concern for chilling free speech is valid, and although First Amendment doctrine may not provide the means to defeat an NSL, concern for free speech interests could provide courts with a rationale for finding a reasonable expectation of privacy in Internet data, thus strengthening our currently impoverished Fourth Amendment safeguards.
Read the full-text Note here (pdf). Hat-tip, Concurring Opinions.
For the Forensic Wiki. Nothing new here.
http://www.pogowasright.org/?p=4775
Sex texting love rats on notice
October 25, 2009 by Dissent Filed under Other, Surveillance
It’s a technological breakthrough that will worry cheating partners – secret text messages can now be retrieved from mobilephones five years after they were deleted.
Shaped like an ice hockey puck, the XRY forensic device mines old SIM cards for long-erased nuggets of personal information.
Kim Khor is director of Khor Wills & Associates – which handles mobile forensics for Australian police, private companies and suspicious individuals keen to catch wayward spouses. He says old text messages can be easily found.
Read more in the Daily Telegraph.
It seems they missed the point. What we're saying is that governments (including ours) are probing and learning how to attack systems. If an occasional Estonia happens, that's just the equivalent of a lynch mob, not an all out military attack. Something for my Computer Security classes to chew on...
Cyberterror Not Yet a Credible Threat, Says Policy Thinktank
Posted by timothy on Sunday October 25, @05:42PM from the got-to-be-right-all-the-time-though dept.
Trailrunner7 writes
"A new report by a Washington policy think tank dismisses out of hand the idea that terrorist groups are currently launching cyber attacks and says that the recent attacks against US and South Korean networks were not damaging enough to be considered serious incidents. The report, written by James Lewis of the Center for Strategic and International Studies, looks at cyberwar through the prism of the Korean attacks, and calls the idea that terrorists have attack capabilities and just aren't using them 'nonsensical.' 'A very rough estimate would say that there is a lag of three and eight years between the capabilities developed by advanced intelligence agencies and the capabilities available for purchase or rental in the cybercrime black market. The evidence for this is partial and anecdotal, but the trend has been consistent for more two decades,' Lewis writes."
[From the article:
The report, titled "The 'Korean' Cyber Attacks and Their Implications for Cyber Conflicts," also discusses at length the limiting factors that currently are preventing foreign countries and organized criminal groups from attacking the U.S. [The Marines? Bob]
This is called outsourcing OR off-shoring OR Cloud Computing, depending on your vendor's marketing department. There is nothing new here.
http://www.databreaches.net/?p=7981
AU: Banks send customers’ personal details overseas
October 25, 2009 by admin Filed under Commentaries and Analyses, Legislation, Non-U.S.
Steve Lewis reports:
Angry customers are urging the Federal Government to stop the big banks from sending their personal details to offshore processing centres. A national poll has found 83 per cent want the banks to seek written permission from their customers before sending confidential data to overseas.
At least two of the major four banks – and several smaller finance houses – are using overseas centres to process customer information, including for credit cards and home mortgages.
And there are fears the practice will become more widespread as the banking sector sheds local jobs and cuts its operating costs.
Independent Senator Nick Xenophon wants the Government to embrace changes to consumer protection legislation – currently before parliament.
The amendments would force banks to ob tain written permission from customers before sending addresses, passport numbers and other key information to offshore centres.
Read more on Adelaide Now.
This could be very handy. I keep lists of videos for each class I teach. This might be simpler as all I need give my students is a link to this site.
yubby
Find, collect and publish from 30+ video sites
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