Posts Tagged ‘stingray devices’

The NSA’s Technotyranny: One Nation Under Surveillance

Posted: May 26, 2015 in Uncategorized
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“The ultimate goal of the NSA is total population control.”—William Binney, NSA whistleblower

We now have a fourth branch of government.

As I document in my new book Battlefield America: The War on the American People, this fourth branch came into being without any electoral mandate or constitutional referendum, and yet it possesses superpowers, above and beyond those of any other government agency save the military. It is all-knowing, all-seeing and all-powerful. It operates beyond the reach of the president, Congress and the courts, and it marches in lockstep with the corporate elite who really call the shots in Washington, DC.

You might know this branch of government as Surveillance, but I prefer “technotyranny,” a term coined by investigative journalist James Bamford to refer to an age of technological tyranny made possible by government secrets, government lies, government spies and their corporate ties.

Beware of what you say, what you read, what you write, where you go, and with whom you communicate, because it will all be recorded, stored and used against you eventually, at a time and place of the government’s choosing. Privacy, as we have known it, is dead.

The police state is about to pass off the baton to the surveillance state.

Having already transformed local police into extensions of the military, the Department of Homeland Security, the Justice Department and the FBI are preparing to turn the nation’s soldier cops into techno-warriors, complete with iris scanners, body scanners, thermal imaging Doppler radar devices, facial recognition programs, license plate readers, cell phone Stingray devices and so much more.

This is about to be the new face of policing in America.

The National Security Agency (NSA) has been a perfect red herring, distracting us from the government’s broader, technology-driven campaign to render us helpless in the face of its prying eyes. In fact, long before the NSA became the agency we loved to hate, the Justice Department, the FBI, and the Drug Enforcement Administration were carrying out their own secret mass surveillance on an unsuspecting populace.

Just about every branch of the government—from the Postal Service to the Treasury Department and every agency in between—now has its own surveillance sector, authorized to spy on the American people. Then there are the fusion and counterterrorism centers that gather all of the data from the smaller government spies—the police, public health officials, transportation, etc.—and make it accessible for all those in power. And of course that doesn’t even begin to touch on the complicity of the corporate sector, which buys and sells us from cradle to grave, until we have no more data left to mine.

The raging debate over the fate of the NSA’s blatantly unconstitutional, illegal and ongoing domestic surveillance programs is just so much noise, what Shakespeare referred to as “sound and fury, signifying nothing.”

It means nothing: the legislation, the revelations, the task forces, and the filibusters.

The government is not giving up, nor is it giving in. It has stopped listening to us. It has long since ceased to take orders from “we the people.”

If you haven’t figured it out yet, none of it—the military drills, the surveillance, the militarized police, the strip searches, the random pat downs, the stop-and-frisks, even the police-worn body cameras—is about fighting terrorism. It’s about controlling the populace.

Despite the fact that its data snooping has been shown to be ineffective at detecting, let alone stopping, any actual terror attacks, the NSA continues to operate largely in secret, carrying out warrantless mass surveillance on hundreds of millions of Americans’ phone calls, emails, text messages and the like, beyond the scrutiny of most of Congress and the taxpayers who are forced to fund its multi-billion dollar secret black ops budget.

Legislation such as the USA Patriot Act serves only to legitimize the actions of a secret agency run by a shadow government. Even the proposed and ultimately defeated USA Freedom Act, which purported to restrict the reach of the NSA’s phone surveillance program—at least on paper—by requiring the agency to secure a warrant before surveillance could be carried out on American citizens and prohibiting the agency from storing any data collected on Americans, amounted to little more than a paper tiger: threatening in appearance, but lacking any real bite.

The question of how to deal with the NSA—an agency that operates outside of the system of checks and balances established by the Constitution—is a divisive issue that polarizes even those who have opposed the NSA’s warrantless surveillance from the get-go, forcing all of us—cynics, idealists, politicians and realists alike—to grapple with a deeply unsatisfactory and dubious political “solution” to a problem that operates beyond the reach of voters and politicians: how do you trust a government that lies, cheats, steals, sidesteps the law, and then absolves itself of wrongdoing to actually obey the law?

Since its official start in 1952, when President Harry S. Truman issued a secret executive order establishing the NSA as the hub of the government’s foreign intelligence activities, the agency—nicknamed “No Such Agency”—has operated covertly, unaccountable to Congress all the while using taxpayer dollars to fund its secret operations. It was only when the agency ballooned to 90,000 employees in 1969, making it the largest intelligence agency in the world with a significant footprint outside Washington, DC, that it became more difficult to deny its existence.

In the aftermath of Watergate in 1975, the Senate held meetings under the Church Committee in order to determine exactly what sorts of illicit activities the American intelligence apparatus was engaged in under the direction of President Nixon, and how future violations of the law could be stopped. It was the first time the NSA was exposed to public scrutiny since its creation.

The investigation revealed a sophisticated operation whose surveillance programs paid little heed to such things as the Constitution. For instance, under Project SHAMROCK, the NSA spied on telegrams to and from the U.S., as well as the correspondence of American citizens. Moreover, as the Saturday Evening Post reports, “Under Project MINARET, the NSA monitored the communications of civil rights leaders and opponents of the Vietnam War, including targets such as Martin Luther King, Jr., Mohammed Ali, Jane Fonda, and two active U.S. Senators. The NSA had launched this program in 1967 to monitor suspected terrorists and drug traffickers, but successive presidents used it to track all manner of political dissidents.”

Senator Frank Church (D-Ida.), who served as the chairman of the Select Committee on Intelligence that investigated the NSA, understood only too well the dangers inherent in allowing the government to overstep its authority in the name of national security. Church recognized that such surveillance powers “at any time could be turned around on the American people, and no American would have any privacy left, such is the capability to monitor everything: telephone conversations, telegrams, it doesn’t matter. There would be no place to hide.”

Noting that the NSA could enable a dictator “to impose total tyranny” upon an utterly defenseless American public, Church declared that he did not “want to see this country ever go across the bridge” of constitutional protection, congressional oversight and popular demand for privacy. He avowed that “we,” implicating both Congress and its constituency in this duty, “must see to it that this agency and all agencies that possess this technology operate within the law and under proper supervision, so that we never cross over that abyss. That is the abyss from which there is no return.”

The result was the passage of the Foreign Intelligence Surveillance Act (FISA), and the creation of the FISA Court, which was supposed to oversee and correct how intelligence information is collected and collated. The law requires that the NSA get clearance from the FISA Court, a secret surveillance court, before it can carry out surveillance on American citizens. Fast forward to the present day, and the so-called solution to the problem of government entities engaging in unjustified and illegal surveillance—the FISA Court—has unwittingly become the enabler of such activities, rubberstamping almost every warrant request submitted to it.

The 9/11 attacks served as a watershed moment in our nation’s history, ushering in an era in which immoral and/or illegal government activities such as surveillance, torture, strip searches, SWAT team raids are sanctioned as part of the quest to keep us “safe.”

In the wake of the 9/11 attacks, George W. Bush secretly authorized the NSA to conduct warrantless surveillance on Americans’ phone calls and emails. That wireless wiretap program was reportedly ended in 2007 after the New York Times reported on it, to mass indignation.

Nothing changed under Barack Obama. In fact, the violations worsened, with the NSA authorized to secretly collect internet and telephone data on millions of Americans, as well as on foreign governments.

It was only after whistleblower Edward Snowden’s revelations in 2013 that the American people fully understood the extent to which they had been betrayed once again.

What this brief history of the NSA makes clear is that you cannot reform the NSA.

As long as the government is allowed to make a mockery of the law—be it the Constitution, the FISA Act or any other law intended to limit its reach and curtail its activities—and is permitted to operate behind closed doors, relaying on secret courts, secret budgets and secret interpretations of the laws of the land, there will be no reform.

Presidents, politicians, and court rulings have come and gone over the course of the NSA’s 60-year history, but none of them have done much to put an end to the NSA’s “technotyranny.”

The beast has outgrown its chains. It will not be restrained.

The growing tension seen and felt throughout the country is a tension between those who wield power on behalf of the government—the president, Congress, the courts, the military, the militarized police, the technocrats, the faceless unelected bureaucrats who blindly obey and carry out government directives, no matter how immoral or unjust, and the corporations—and those among the populace who are finally waking up to the mounting injustices, seething corruption and endless tyrannies that are transforming our country into a technocrized police state.

At every turn, we have been handicapped in our quest for transparency, accountability and a representative democracy by an establishment culture of secrecy: secret agencies, secret experiments, secret military bases, secret surveillance, secret budgets, and secret court rulings, all of which exist beyond our reach, operate outside our knowledge, and do not answer to “we the people.”

What we have failed to truly comprehend is that the NSA is merely one small part of a shadowy permanent government comprised of unelected bureaucrats who march in lockstep with profit-driven corporations that actually runs Washington, DC, and works to keep us under surveillance and, thus, under control. For example, Google openly works with the NSA, Amazon has built a massive $600 million intelligence database for the CIA, and the telecommunications industry is making a fat profit by spying on us for the government.

In other words, Corporate America is making a hefty profit by aiding and abetting the government in its domestic surveillance efforts. Conveniently, as the Intercept recently revealed, many of the NSA’s loudest defenders have financial ties to NSA contractors.

Thus, if this secret regime not only exists but thrives, it is because we have allowed it through our ignorance, apathy and naïve trust in politicians who take their orders from Corporate America rather than the Constitution.

If this shadow government persists, it is because we have yet to get outraged enough to push back against its power grabs and put an end to its high-handed tactics.

And if this unelected bureaucracy succeeds in trampling underfoot our last vestiges of privacy and freedom, it will be because we let ourselves be fooled into believing that politics matters, that voting makes a difference, that politicians actually represent the citizenry, that the courts care about justice, and that everything that is being done is in our best interests.

Indeed, as political scientist Michael J. Glennon warns, you can vote all you want, but the people you elect aren’t actually the ones calling the shots. “The American people are deluded … that the institutions that provide the public face actually set American national security policy,” stated Glennon. “They believe that when they vote for a president or member of Congress or succeed in bringing a case before the courts, that policy is going to change. But … policy by and large in the national security realm is made by the concealed institutions.”

In other words, it doesn’t matter who occupies the White House: the secret government with its secret agencies, secret budgets and secret programs won’t change. It will simply continue to operate in secret until some whistleblower comes along to momentarily pull back the curtain and we dutifully—and fleetingly—play the part of the outraged public, demanding accountability and rattling our cages, all the while bringing about little real reform.

Thus, the lesson of the NSA and its vast network of domestic spy partners is simply this: once you allow the government to start breaking the law, no matter how seemingly justifiable the reason, you relinquish the contract between you and the government which establishes that the government works for and obeys you, the citizen—the employer—the master.

Once the government starts operating outside the law, answerable to no one but itself, there’s no way to rein it back in, short of revolution. And by revolution, I mean doing away with the entire structure, because the corruption and lawlessness have become that pervasive.

The Only Truly Compliant, Submissive Citizen in a Police State Is a Dead One

Posted: March 24, 2015 in Uncategorized
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“Do exactly what I say, and we’ll get along fine. Do not question me or talk back in any way. You do not have the right to object to anything I may say or ask you to do, or ask for clarification if my demands are unclear or contradictory. You must obey me under all circumstances without hesitation, no matter how arbitrary, unreasonable, discriminatory, or blatantly racist my commands may be. Anything other than immediate perfect servile compliance will be labeled as resisting arrest, and expose you to the possibility of a violent reaction from me. That reaction could cause you severe injury or even death. And I will suffer no consequences. It’s your choice: Comply, or die.”— “‘Comply or Die’ policing must stop,” Daily KOS

Americans as young as 4 years old are being leg shackled, handcuffed, tasered and held at gun point for not being quiet, not being orderly and just being childlike—i.e., not being compliant enough.

Americans as old as 95 are being beaten, shot and killed for questioning an order, hesitating in the face of a directive, and mistaking a policeman crashing through their door for a criminal breaking into their home—i.e., not being submissive enough.

And Americans of every age and skin color are being taught the painful lesson that the only truly compliant, submissive and obedient citizen in a police state is a dead one.

It doesn’t matter where you live—big city or small town—it’s the same scenario being played out over and over again in which government agents, hyped up on their own authority and the power of their uniform, ride roughshod over the rights of the citizenry. In turn, Americans are being brainwashed into believing that anyone who wears a government uniform—soldier, police officer, prison guard—must be obeyed without question.

Franklin Graham, the heir to Billy Graham’s evangelical empire, offered up this “simple” piece of advice for “Blacks, Whites, Latinos, and everybody else” hoping to survive an encounter with the police:

Most police shootings can be avoided. It comes down to respect for authority and obedience. If a police officer tells you to stop, you stop. If a police officer tells you to put your hands in the air, you put your hands in the air. If a police officer tells you to lay down face first with your hands behind your back, you lay down face first with your hands behind your back. It’s as simple as that. Even if you think the police officer is wrong—YOU OBEY.

Clearly, Graham’s message resonated with a core group of Americans: almost 200,000 individuals “liked” the message on Facebook, with an astounding 83,000 fans sharing his words of advice with their own friends, none of whom seem to recall that Jesus Christ, whom they claim to follow and model their lives after, not only stood up to the police state of his day but was put to death for it.

It’s not just mainstream evangelicals who have been brainwashed into believing that a good citizen is a compliant citizen and that obedience will save us from the police state. In the wake of a grand jury’s decision not to indict the police officer responsible for the choking death of Eric Garner, Patrick Lynch, president of the Patrolmen’s Benevolent Association, declared:

“We have to teach our children, our sons and our daughters, no matter what they look like, to respect New York City police officers, teach them to comply with New York City police officers even if they think it’s unjust.”

Similarly, Officer Sunil Dutta of the Los Angeles Police Department advises:

“If you don’t want to get shot, tased, pepper-sprayed, struck with a baton or thrown to the ground, just do what I tell you. Don’t argue with me, don’t call me names, don’t tell me that I can’t stop you, don’t say I’m a racist pig, don’t threaten that you’ll sue me and take away my badge. Don’t scream at me that you pay my salary, and don’t even think of aggressively walking towards me.”

In other words, it doesn’t matter if you’re in the right, it doesn’t matter if a cop is in the wrong, it doesn’t matter if you’re being treated with less than the respect you deserve. If you want to emerge from a police encounter with your life and body intact, then you’d better comply, submit, obey orders, respect authority and generally do whatever a cop tells you to do.

Battlefield_Cover_300In this way, the old police motto to “protect and serve” has become “comply or die.” As I point out in my book A Government of Wolves: The Emerging American Police State and in my forthcoming book Battlefield America: The War on the American People, this is the unfortunate, misguided, perverse message being beaten, shot, tasered and slammed into our collective consciousness, and it is regrettably starting to take root.

Despite the growing number of criminal charges (ranging from resisting arrest and interference to disorderly conduct, obstruction, and failure to obey a police order) that get trotted out anytime a citizen voices discontent with the government or challenges or even questions the authority of the powers that be, the problems we’re experiencing in terms of police shootings have little to do with rebellion or belligerence or resistance.

Rather, the problem arises when compliance doesn’t happen fast enough to suit the police.

For instance, 15-year-old Jamar Nicholson was shot in the back by police after they spotted him standing next to a friend holding a toy gun. “Officers ordered the boy to drop the weapon multiple times,” reports the Los Angeles Times. “When he didn’t comply, one of the officers opened fire.”

Martese Johnson, a 20-year-old college student, unarmed and in the process of walking away from a bar where he’d just been denied entry for being underage, was tackled by police and had his head slammed to the ground and bloodied, allegedly for being intoxicated, belligerent and using a fake ID. Johnson, who it turns out was polite, had a legal ID and was not drunk, survived the encounter after 10 stitches to his head.

And then there was Christopher Lollie, who was tasered, arrested and charged with trespassing, disorderly conduct and obstruction of the legal process for refusing to identify himself to police while waiting to pick his children up from their daycare. Footage of the encounter shows Lollie asking, “Why do I have to let you know who I am? I don’t have to let you know who I am if I haven’t broken any laws.” The charges against Lollie were eventually dropped.

Nicholson, Johnson and Lollie aren’t the only Americans being taught a hard lesson about compliance at the end of a government-issued gun.

World War II veteran John Wrana, 95 years old, dependent on a walker to get around, and a resident of an assisted living center, was rushed by five police officers—one with a Taser and riot shield, others with handguns and a 12-gauge Mossberg pump shotgun—after refusing treatment for a urinary tract infection and brandishing a shoehorn. One of the officers, allegedly fearing for his safety, fired multiple beanbag rounds at Wrana at close range, who bled to death from internal injuries.

Martese Johnson, slammed and bloodied by ABC police.

James Howard Allen, 74 years old and recovering at home from a surgery, was shot and killed by police who were asked by family members to do a welfare check on him. When police crashed through the man’s back door, they found Allen, perhaps having just awoken and fearing a burglary, armed with a gun.

These shootings and deaths, and many more like them, constitute a drop in the proverbial bucket when it comes to police killing unarmed American citizens, and yet you’d be hard-pressed to find exact numbers for how many unarmed citizens are killed by police every year. Indeed, while police go to great lengths to document how many police are killed in the line of duty, police agencies aren’t actually required to report the number of times police officers engage in homicide. Suffice it to say, however, that the numbers are significantly underreported.

One website estimates that police kill on average three citizens a day in the United States. In 2014, 1100 individuals were killed by police in the U.S. That’s 70 times more than other first-world nations, and almost 20 times more than the number of U.S. troops killed in the same year in Afghanistan and Iraq.

Rarely are these officers given more than a slap on the wrist. More often than not, they operate with impunity, are shielded from justice by the governmental bureaucracy, and are granted qualified immunity by the courts.

A recent report by the Justice Department on police shootings in Philadelphia, which boasts the fourth largest police department in the country, found that half of the unarmed people shot by police over a seven-year span were “shot because the officer saw something (like a cellphone) or some action (like a person pulling at the waist of their pants) and misidentified it as a threat.”

Now it’s one thing for those who back the police—no matter what the circumstance—to insist that if you just obey a police officer, you’ll be safe. But what happens when compliance isn’t enough?

What happens if you play it safe, comply and do whatever a police officer tells you to do, don’t talk back, don’t threaten, and don’t walk away—in other words, don’t do anything that even hints at resistance—and still, you find yourself staring down the wrong end of a government agent’s gun? After all, the news is riddled with reports of individuals who didn’t resist when confronted by police and still got tasered, tackled or shot simply because they looked at police in a threatening manner or moved in a way that made an officer “fear” for his safety.

For instance, Levar Jones, pulled over for not wearing a seatbelt, was shot after complying with a police officer’s order to retrieve his license. The trooper justified his shooting of the unarmed man by insisting that Jones reached for his license “aggressively.”

What more could Jones or anyone have done to protect himself in that situation? How does a citizen protect himself against a police officer’s tendency to shoot first and ask questions later, oftentimes based only on their highly subjective “feeling” of being threatened?

The short answer is you can’t.

The assurance of safety in exchange for compliance is a false, misguided doctrine that has us headed towards a totalitarian regime the likes of which the world has seen before.

Rest assured, if we just cower before government agents and meekly obey, we’ll find ourselves repeating history. However, history also shows us a different path, one that involves standing up and speaking truth to power. Jesus Christ walked that road. So did Mahatma Gandhi, Martin Luther King Jr., and countless other freedom fighters whose actions changed the course of history.

Indeed, had Christ merely complied with the Roman police state, there would have been no crucifixion and no Christian religion. Had Gandhi meekly fallen in line with the British Empire’s dictates, the Indian people would never have won their independence. Had Martin Luther King Jr. obeyed the laws of his day, there would have been no civil rights movement. And if the founding fathers had marched in lockstep with royal decrees, there would have been no American Revolution.

The long answer, therefore, is that we must adopt a different mindset and follow a different path if we are to alter the outcome of these interactions with police.

No matter what path you follow, it will be fraught with peril. America is in the midst of a nervous breakdown, brought about by prolonged exposure to the American police state, and there are few places that are safe anymore.

A good test is this: if you live in a community that has welcomed the trappings of the police state with open arms (surveillance cameras, forced DNA extractions, Stingray devices, red light cameras, private prisons, etc.), all the while allowing its police forces to militarize, weaponize and operate beyond the reach of the Constitution, then you don’t live in a democratic republic—you live in a microcosm of the American police state.

If you have no real say in how your local law enforcement operates, if the only oversight of police actions is carried out by fellow officers, if any attempt to criticize the police is edited out or not covered by your local newspaper or TV station, drowned out by your fellow citizens, or intimidated into silence by your local police, then you have no recourse when it comes to police abuses.

Finally, if, despite having done nothing wrong, you feel nervous during a police encounter, you fear doing or saying the wrong thing in front of an officer will get you shot, and your local police dress and act like extensions of the military and treat you like a suspect, then it’s safe to say that you are not the one holding the upper hand in the master-servant relationship anymore.

This is the death rattle of the American dream, which was built on the idea that no one is above the law, that our rights are inalienable and cannot be taken away, and that our government and its appointed agents exist to serve us.

Creepy, Calculating and Controlling: All the Ways Big Brother Is Watching You

Posted: February 16, 2015 in Uncategorized
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“You had to live—did live, from habit that became instinct—in the assumption that every sound you made was overheard, and, except in darkness, every movement scrutinized.”—George Orwell, 1984

None of us are perfect. All of us bend the rules occasionally. Even before the age of overcriminalization, when the most upstanding citizen could be counted on to break at least three laws a day without knowing it, most of us have knowingly flouted the law from time to time.

Indeed, there was a time when most Americans thought nothing of driving a few miles over the speed limit, pausing (rather than coming to a full stop) at a red light when making a right-hand turn if no one was around, jaywalking across the street, and letting their kid play hookie from school once in a while. Of course, that was before the era of speed cameras that ticket you for going even a mile over the posted limit, red light cameras that fine you for making safe “rolling stop” right-hand turns on red, surveillance cameras equipped with facial recognition software mounted on street corners, and school truancy laws that fine parents for “unexcused” absences.

My, how times have changed.

Today, there’s little room for indiscretions, imperfections, or acts of independence—especially not when the government can listen in on your phone calls, monitor your driving habits, track your movements, scrutinize your purchases and peer through the walls of your home. That’s because technology—specifically the technology employed by the government against the American citizenry—has upped the stakes dramatically so that there’s little we do that is not known by the government.

In such an environment, you’re either a paragon of virtue, or you’re a criminal.

If you haven’t figured it out yet, we’re all criminals. This is the creepy, calculating yet diabolical genius of the American police state: the very technology we hailed as revolutionary and liberating has become our prison, jailer, probation officer, Big Brother and Father Knows Best all rolled into one.

A Government of Wolves book coverConsider that on any given day, the average American going about his daily business will be monitored, surveilled, spied on and tracked in more than 20 different ways, by both government and corporate eyes and ears. A byproduct of this new age in which we live, whether you’re walking through a store, driving your car, checking email, or talking to friends and family on the phone, you can be sure that some government agency, whether the NSA or some other entity, is listening in and tracking your behavior. As I point out in my book, A Government of Wolves: The Emerging American Police State, this doesn’t even begin to touch on the corporate trackers that monitor your purchases, web browsing, Facebook posts and other activities taking place in the cyber sphere.

For example, police have been using Stingray devices mounted on their cruisers to intercept cell phone calls and text messages without court-issued search warrants. Thwarting efforts to learn how and when these devices are being used against an unsuspecting populace, the FBI is insisting that any inquiries about the use of the technology be routed to the agency “in order to allow sufficient time for the FBI to intervene to protect the equipment/technology and information from disclosure and potential compromise.”

Doppler radar devices, which can detect human breathing and movement within in a home, are already being employed by the police to deliver arrest warrants and are being challenged in court. One case in particular, United States v Denson, examines how the Fourth Amendment interacts with the government’s use of radar technology to peer inside a suspect’s home. As Judge Neil Gorsuch recognizes in the Tenth Circuit Court of Appeal’s ruling in the case, “New technologies bring with them not only new opportunities for law enforcement to catch criminals but also new risks for abuse and new ways to invade constitutional rights.”

License plate readers, yet another law enforcement spying device made possible through funding by the Department of Homeland Security, can record up to 1800 license plates per minute. However, it seems these surveillance cameras can also photograph those inside a moving car. Recent reports indicate that the Drug Enforcement Administration has been using the cameras in conjunction with facial recognition software to build a “vehicle surveillance database” of the nation’s cars, drivers and passengers.

Sidewalk and “public space” cameras, sold to gullible communities as a sure-fire means of fighting crime, is yet another DHS program that is blanketing small and large towns alike with government-funded and monitored surveillance cameras. It’s all part of a public-private partnership that gives government officials access to all manner of surveillance cameras, on sidewalks, on buildings, on buses, even those installed on private property.

Couple these surveillance cameras with facial recognition and behavior-sensing technology and you have the makings of “pre-crime” cameras, which scan your mannerisms, compare you to pre-set parameters for “normal” behavior, and alert the police if you trigger any computerized alarms as being “suspicious.”

Capitalizing on a series of notorious abductions of college-aged students, several states are pushing to expand their biometric and DNA databases by requiring that anyone accused of a misdemeanor have their DNA collected and catalogued. However, technology is already available that allows the government to collect biometrics such as fingerprints from a distance, without a person’s cooperation or knowledge. One system can actually scan and identify a fingerprint from nearly 20 feet away.

Radar guns have long been the speed cop’s best friend, allowing him to hide out by the side of the road, identify speeding cars, and then radio ahead to a police car, which does the dirty work of pulling the driver over and issuing a ticket. Never mind that what this cop is really doing is using an electronic device to search your car without a search warrant, violating the Fourth Amendment and probable cause. Yet because it’s a cash cow for police and the governments they report to, it’s a practice that is not only allowed but encouraged. Indeed, developers are hard at work on a radar gun that can actually show if you or someone in your car is texting. No word yet on whether the technology will also be able to detect the contents of that text message.

It’s a sure bet that anything the government welcomes (and funds) too enthusiastically is bound to be a Trojan horse full of nasty surprises. Case in point: police body cameras. Hailed as the easy fix solution to police abuses, these body cameras—made possible by funding from the Department of Justice—will turn police officers into roving surveillance cameras. Of course, if you try to request access to that footage, you’ll find yourself being led a merry and costly chase through miles of red tape, bureaucratic footmen and unhelpful courts.

The “internet of things” refers to the growing number of “smart” appliances and electronic devices now connected to the internet and capable of interacting with each other and being controlled remotely. These range from thermostats and coffee makers to cars and TVs. Of course, there’s a price to pay for such easy control and access. That price amounts to relinquishing ultimate control of and access to your home to the government and its corporate partners. For example, while Samsung’s Smart TVs are capable of “listening” to what you say, thereby allow users to control the TV using voice commands, it also records everything you say and relays it to a third party.

Then again, the government doesn’t really need to spy on you using your smart TV when the FBI can remotely activate the microphone on your cellphone and record your conversations. The FBI can also do the same thing to laptop computers without the owner knowing any better.

Government surveillance of social media such as Twitter and Facebook is on the rise. Americans have become so accustomed to the government overstepping its limits that most don’t even seem all that bothered anymore about the fact that the government is spying on our emails and listening in on our phone calls.

Drones, which will begin to take to the skies en masse this year, will be the converging point for all of the weapons and technology already available to law enforcement agencies. This means drones that can listen in on your phone calls, see through the walls of your home, scan your biometrics, photograph you and track your movements, and even corral you with sophisticated weaponry.

And then there’s the Internet and cell phone kill switch, which enables the government to shut down Internet and cell phone communications without Americans being given any warning. It’s a practice that has been used before in the U.S., albeit in a limited fashion. In 2005, cell service was disabled in four major New York tunnels (reportedly to avert potential bomb detonations via cell phone). In 2009, those attending President Obama’s inauguration had their cell signals blocked (again, same rationale). And in 2011, San Francisco commuters had their cell phone signals shut down (this time, to thwart any possible protests over a police shooting of a homeless man).

It’s a given that the government’s tactics are always more advanced than we know, so there’s no knowing what new technologies are already being deployed against without our knowledge. Certainly, by the time we learn about a particular method of surveillance or new technological gadget, it’s a sure bet that the government has been using it covertly for years already. And if other governments are using a particular technology, you can bet that our government used it first. For instance, back in 2011, it was reported that the government of Tunisia was not only monitoring the emails of its citizens but was actually altering the contents of those emails in order to thwart dissidents. How much do you want to bet that government agents have already employed such tactics in the U.S.?

Apart from the obvious dangers posed by a government that feels justified and empowered to spy on its people and use its ever-expanding arsenal of weapons and technology to monitor and control them, we’re approaching a time in which we will be forced to choose between obeying the dictates of the government—i.e., the law, or whatever a government officials deems the law to be—and maintaining our individuality, integrity and independence.

When people talk about privacy, they mistakenly assume it protects only that which is hidden behind a wall or under one’s clothing. The courts have fostered this misunderstanding with their constantly shifting delineation of what constitutes an “expectation of privacy.” And technology has furthered muddied the waters.

However, privacy is so much more than what you do or say behind locked doors. It is a way of living one’s life firm in the belief that you are the master of your life, and barring any immediate danger to another person (which is far different from the carefully crafted threats to national security the government uses to justify its actions), it’s no one’s business what you read, what you say, where you go, whom you spend your time with, and how you spend your money.

Unfortunately, privacy as we once knew it is dead.

We now find ourselves in the unenviable position of being monitored, managed and controlled by our technology, which answers not to us but to our government and corporate rulers. This is the fact-is-stranger-than-fiction lesson that is being pounded into us on a daily basis.

Thus, to be an individual today, to not conform, to have even a shred of privacy, and to live beyond the reach of the government’s roaming eyes and technological spies, one must not only be a rebel but rebel.

Even when you rebel and take your stand, there is rarely a happy ending awaiting you. You are rendered an outlaw. This is the message in almost every dystopian work of fiction, from classic writers such as George Orwell, Aldous Huxley, Philip K. Dick and Ray Bradbury to more contemporary voices such as Margaret Atwood, Lois Lowry and Suzanne Collins.

How do you survive in the American police state?

We’re running out of options. As Philip K. Dick, the visionary who gave us Minority Report and Blade Runner, advised:

“If, as it seems, we are in the process of becoming a totalitarian society in which the state apparatus is all-powerful, the ethics most important for the survival of the true, free, human individual would be: cheat, lie, evade, fake it, be elsewhere, forge documents, build improved electronic gadgets in your garage that’ll outwit the gadgets used by the authorities.”

StingRays and Other Surveillance Devices: Using Your Cell Phone to Track Your Every Move

Posted: March 29, 2013 in Uncategorized
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“There was of course no way of knowing whether you were being watched at any given moment. How often, or on what system, the Thought Police plugged in on any individual wire was guesswork. It was even conceivable that they watched everybody all the time. But at any rate they could plug in your wire whenever they wanted to. You had to live—did live, from habit that became instinct—in the assumption that every sound you made was overheard, and, except in darkness, every movement scrutinized.”—George Orwell,1984

Advanced technology now provides government agents and police officers with the ability to track our every move. The surveillance state is our new society. It is here, and it is spying on you, your family and your friends every day. Worse yet, those in control are using life’s little conveniences, namely cell phones, to do much of the spying. And worst of all, the corporations who produce these little conveniences are happy to hand your personal information over to the police so long as their profit margins increase. To put it simply, the corporate-surveillance state is in full effect, and there is nowhere to hide.

Using the data transferred from, received by, and stored in your cell phone, police are now able to track your every move. Your texts, web browsing, and geographic location are all up for grabs. Using “stingray” devices, often housed in mobile surveillance vans, federal agents track the cell phones of unsuspecting people. By triangulating the source of a cell phone signal, agents are able to track down the whereabouts of the person holding it. Just recently, the Washington Post reported that federal investigators in Northern California routinely used StingRays “to scoop up data from cellphones and other wireless devices in an effort to track criminal suspects — but failed to detail the practice to judges authorizing the probes.”

The issues, judges and activists say, are twofold: whether federal agents are informing courts when seeking permission to monitor suspects, and whether they are providing enough evidence to justify the use of a tool that sweeps up data not only from a suspect’s wireless device but also from those of bystanders in the vicinity…

The Justice Department has generally maintained that a warrant based on probable cause is not needed to use a “cell-site simulator” because the government is not employing them to intercept conversations, former officials said. But some judges around the country have disagreed and have insisted investigators first obtain a warrant…

Chris Soghoian, the ACLU’s principal technologist, said cell-site simulators are being used by local, state and federal authorities. “No matter how the StingRay is used — to identify, locate or intercept — they always send signals through the walls of homes,” which should trigger a warrant requirement, Soghoian said. “The signals always penetrate a space protected by the Fourth Amendment.”

These surveillance sweeps target all cell phone signals, not just those of criminal suspects. Examples of extralegal police surveillance in the years since 9/11 are numerous, from the NSA’s warrantless wiretapping program to the NYPD’s spy network that targeted Muslims in the New York area.

Unfortunately, the now widespread tactic of spying on people via their cell phones resides in a legal grey area, which has allowed police agencies to take drastic steps to record the daily activity of all Americans. Whereas cell phone tracking once fell only in the purview of federal agents, local police departments, big and small, are beginning to engage in cell phone tracking with little to no oversight. Small police agencies are shelling out upwards of $244,000 to get the technology necessary to track cell phones. And as you might expect, most police departments have attempted to keep knowledge of their cell phone tracking programs secret, fearing (as they should) a public backlash.

Federal courts are divided on the issue, some saying that a warrant is necessary before executing a cell phone search. However, the United States Court of Appeals for the Sixth Circuit recently ruled that tracking the location of a cell phone without a warrant is legal and, thus, not a violation of the Fourth Amendment. This lack of concern for the Fourth Amendment—which requires reasonable suspicion that you’re up to something illegal before the police conduct surveillance on you—is widely shared among the federal and state courts. In fact, courts issue tens of thousands of cell tracking orders a year, allowing police agencies to accurately pinpoint people’s locations within meters. Unless they’re charged with a crime, most people remain unaware that their cell data has been tracked.

Although government agencies are increasingly acquiring the technology to track cell phones themselves, most rely on cell phone companies to provide them with the user data. In July 2012, it was revealed that cell phone carriers had responded to an astonishing 1.3 million requests from police agencies for personal information taken from people’s cell phones. One of the larger carriers, AT&T, responds to roughly 700 requests a day, 230 of which are so-called “emergencies,” exempting them from standard court orders. This number has tripled since 2007. A relatively small carrier, C Spire Wireless, said that it received 12,500 requests in 2011. Sprint received the most requests, averaging 1,500 per day. The number of requests is almost certainly higher than 1.3 million, and the number of people affected much higher, because a single request often involves targeting multiple people.

The problem is exacerbated by the fact that the telecommunications companies which produce cell phone technology are more than happy to comply with government requests for personal information. They even make a handsome profit from selling the details of your private life to the government. Indeed, cell phone carriers are making a killing charging police agencies “surveillance fees”—from a few hundred to a few thousands dollars per request—to share information on a person’s location and activities. AT&T collected $8.3 million in 2011 for their surveillance activities, up from $2.8 million in 2007.

Telecommunications providers have also come up with price lists for easy reference for police agencies. For example, “Sprint charged $120 per target number for ‘Pictures and Video,’ $60 for ‘E-Mail,’ $60 for ‘Voicemail,’ and $30 for ‘SMS Content.’” Sprint actually has 110 employees who work solely on responding to information requests from the government. And government agents need not worry about maximizing resources by seeking only high priority targets. One agent can track 200 or 300 people at a time.

On the rare occasion that a telecom corporation resists a police effort to spy on a particular cell phone customer, there are methods by which companies are coerced to comply with the data requests. Telecoms are frequently harassed by the FBI with National Security Letters (NSL), which are demands for user information without warrant or judicial oversight. These include a gag order, which prevents the recipient from discussing the demand with others, including the media. Roughly 300,000 of these NSLs have been sent out since 2000, implying a massive spying effort on the part of the federal government. One telecom is currently in a battle with the federal government over an NSL demanding user data. The telecom refused to abide by the NSL, and in response the federal government has sued the telecom, insisting that their refusal jeopardizes national security. The end logic of this is that our private data is actually not private. The federal government claims that knowing our personal information is critical to preserving national security, and thus neither telecoms nor users may resist the sharing of that information.

Of course, corporations are just as interested in tracking people’s daily activities as the government. Cell phone companies and the software companies that create applications for their devices track your personal information so that they can market their services to you. Unfortunately, this leads to mass aggregation of user data which is then used by government agents to spy on and track all cell phone users. For example, Carrier IQ, a software company, and cell phone manufacturers HTC and Samsung are currently in the midst of a class-action lawsuit brought by Android phone users whose phone activities are recorded by a “rootkit,” a piece of software surreptitiously installed on cell phones that records the keystrokes of phone users. The FBI denied a December 2011 FOIA request to determine how the government was utilizing Carrier IQ’s software, as it could have an adverse impact on ongoing investigations. The agency’s refusal suggests that not only is Carrier IQ spying on cell phone users for their corporate purposes, but that federal agents are utilizing the software to conduct their own spying campaigns.

Unfortunately, with intelligence gathering and surveillance doing booming business, and corporations rolling out technologies capable of filtering through vast reams of data, tapping into underseas communication cables, and blocking websites for entire countries, life as we know it will only get worse. As journalist Pratap Chatterjee has noted, “[T]hese tools have the potential to make computer cables as dangerous as police batons.” Telecoms hold on to user data, including text messages and Internet browsing history, for months to years at a time. This, of course, has some ominous implications. For example, British researchers have created an algorithm that accurately predicts someone’s future whereabouts at a certain time based upon where she and her friends have been in the past.

So where does this leave us? As George Orwell warned, you have to live with the assumption that everything you do, say and see is being tracked by those who run the corporate surveillance state.