In-Flight Wi-Fi: Privacy Going GoGoing Gone

The NSA is harvesting the online data of millions of airline passengers who use inflight WiFi across the U.S., a secret letter has revealed.

Gogo, the main supplier of WiFi to airlines in the U.S., are among a host of network providers that have been handing over information gleaned from air travelers' browsing history.

The news has enraged privacy campaigners who say the data exchange may be in violation of U.S. law.

A letter, leaked to Wired, Gogo admitted violating the Communications Assistance for Law Enforcement Act (CALEA) - a 1994 wiretapping law that gave a backdoor to government agencies to monitor telecom and broadband activity.

But Gogo states in the letter that it added a raft of new measures to its service that made spying on users easier for the authorities. (more)

Off-Hook Telecoms Call for Attorneys' Fees - Disconnected

AT&T, Verizon and other telecoms cannot recover attorneys' fees after ducking claims that they overcharged for electronic surveillance, a federal judge ruled.

Former New York Deputy Attorney General John Prather had filed the lawsuit on behalf of the U.S. government, claiming that AT&T, Verizon, Qwest Communications International and Sprint Nextel overcharged federal, state and city governments for services under the Communications Assistance to Law Enforcement Agencies Act (CALEA), which requires the companies to provide the government with electronic surveillance of their customers in exchange for reasonable expenses.

Prather claimed to have "observed eavesdropping charges increase tenfold after CALEA despite changes in technology that should have made it easier for Telecoms to provide wiretaps, and believed that the Telecoms were overcharging for wiretaps." (more)

Hello Federal! Give Me No Second Hand

Despite the pervasiveness of law enforcement surveillance of digital communication, the FBI still has a difficult time monitoring Gmail, Google Voice, and Dropbox in real time. 

But that may change soon, because the bureau says it has made gaining more powers to wiretap all forms of Internet conversation and cloud storage a “top priority” this year.

Last week, during a talk for the American Bar Association in Washington, D.C., FBI general counsel Andrew Weissmann discussed some of the pressing surveillance and national security issues facing the bureau. He gave a few updates on the FBI’s efforts to address what it calls the “going dark” problem—how the rise in popularity of email and social networks has stifled its ability to monitor communications as they are being transmitted. It’s no secret that under the Electronic Communications Privacy Act, the feds can easily obtain archive copies of emails. When it comes to spying on emails or Gchat in real time, however, it’s a different story. (more)

Stingray - Clandestine Cellphone Tracking Tool - Fights On

The FBI calls it a “sensitive investigative technique” that it wants to keep secret. But newly released documents that shed light on the bureau’s use of a controversial cellphone tracking technology called the “Stingray” have prompted fresh questions over the legality of the spy tool.

Functioning as a so-called “cell-site simulator,” the Stingray is a sophisticated portable surveillance device. The equipment is designed to send out a powerful signal that covertly dupes phones within a specific area into hopping onto a fake network. 

The feds say they use them to target specific groups or individuals and help track the movements of suspects in real time, not to intercept communications. But by design Stingrays, sometimes called “IMSI catchers,” collaterally gather data from innocent bystanders’ phones and can interrupt phone users’ service—which critics say violates a federal communications law. The FBI has maintained that its legal footing here is firm. Now, though, internal documents obtained by the Electronic Privacy Information Center, a civil liberties group, reveal the bureau appears well aware its use of the snooping gear is in dubious territory...

It’s likely that in the months ahead, a few more interesting nuggets of information will emerge. The FBI has told EPIC that it holds a mammoth 25,000 pages of documents that relate to Stingray tools, about 6,000 of which are classified. The Feds have been drip-releasing the documents month by month, and so far there have been four batches containing between 27 and 184 pages each. Though most of the contents—even paragraphs showing how the FBI is interpreting the law—have been heavy-handedly redacted, several eyebrow-raising details have made it through the cut. (more) (Stingray explained)

FutureWatch: Canada's CALEA

Canada - As authorities in the United States and United Kingdom push for greater Internet surveillance powers, the Canadian government is locked in its own controversial struggle to wiretap the Web.

Canada’s C-30 surveillance bill is much like the FBI’s recently revealed effort to force Internet communications providers such as Skype and Facebook to provide “back doors” for eavesdropping. In some cases, the Canadian legislation would allow police to obtain user data without a warrant. C-30 had appeared dead following a Supreme Court ruling in April that deemed warrantless wiretaps unconstitutional, plus a storm of opposition from privacy groups. But the government said last week it is still moving forward with the plan.

Now, new documents obtained under Access to Information laws have revealed Canada’s largest telecoms providers held secret meetings with government officials about the wiretapping proposals. The documents show that after forming a behind-closed-doors working group, the companies and government officials discussed the technical reality of introducing new mass eavesdropping capabilities in fascinating detail. (more)

Meet Your New Back Door Friend...

Will Congress require social networks, online voice over IP (VoIP) services, and Webmail providers to build in backdoors that could be used for electronic surveillance purposes by the FBI?

According to one news report, FBI officials have been meeting with Facebook, Google, Microsoft (which owns Skype and Hotmail), and Yahoo, among other companies. The goal apparently isn't to promote the bureau's push for expanded wiretapping capabilities, but rather to ask how that be implemented while causing minimal disruption for the companies with networks that would be directly accessed...

Six Key Points to Consider

1. Bureau Warns About Going Dark. The bureau has already been asking Congress for broader surveillance powers to help it keep up with new technologies....

2. Proposed CALEA Revisions Would Update 1994 Law. Accordingly, the FBI wants Congress to expand the Communications Assistance for Law Enforcement Act (CALEA)...

3. Questions Remain Over Wiretapping Scope. Just how often does the FBI need to use wiretapping during an investigation? That's not clear. According to an FBI website about CALEA, wiretapping "is used infrequently and then only to combat the most serious crimes and terrorism."...

4. Civil Liberties Groups See Slippery Slope. Civil rights groups have warned that granting law enforcement agencies new surveillance powers could lead to a decrease in the privacy protections that people currently enjoy...

5. Will Technology Companies Back CALEA Expansion?...

6. Backdoors May Facilitate Unauthorized Access. Wiretapping backdoors could also make online services more vulnerable to attackers.... (more)

CALEA Seeks New Orifices

The FBI is asking Internet companies not to oppose a controversial proposal that would require the firms, including Microsoft, Facebook, Yahoo, and Google, to build in backdoors for government surveillance. 

In meetings with industry representatives, the White House, and U.S. senators, senior FBI officials argue the dramatic shift in communication from the telephone system to the Internet has made it far more difficult for agents to wiretap Americans suspected of illegal activities, CNET has learned.

The FBI general counsel's office has drafted a proposed law that the bureau claims is the best solution: requiring that social-networking Web sites and providers of VoIP, instant messaging, and Web e-mail alter their code to ensure their products are wiretap-friendly.

The FBI's proposal would amend a 1994 law, called the Communications Assistance for Law Enforcement Act, or CALEA, that currently applies only to telecommunications providers, not Web companies. The Federal Communications Commission extended CALEA in 2004 to apply to broadband networks. (more)