Tag Archives: Surveillance

Swiss voters likely to back new law on surveillance: survey

Camera looking over Swiss resort

By John Miller

ZURICH (Reuters) – Voters in Switzerland on Sunday are likely to back a law extending the spy service’s authority to monitor internet traffic, deploy drones and hack foreign computer systems to combat militant attacks, a survey shows.

Switzerland’s system of direct democracy gives citizens final say on the law passed in September 2015 which will give new powers to the Federal Intelligence Service, along with rules on when the agency can use them.

In a survey last week by polling group gfs.bern on behalf of Swiss state television, 53 percent were in favor of the law, with 35 percent opposed. Twelve percent were undecided, gfs.bern said.

Though neutral Switzerland has not been targeted by the sort of militant Islamist attacks seen elsewhere in Europe, the Swiss government contends previous intelligence laws are outdated and ill-equipped to tackle threats that have intensified as militants deploy new technology in a tight-knit global network.

“The Federal Intelligence Service will get modern information-gathering tools, including for surveillance of telephone calls or internet activities,” the government said. “These can only be deployed under strict conditions.”

For instance, the agency must get the government’s go-ahead before deploying software to penetrate foreign computer networks. When gathering information, its agents must “employ methods least likely to intrude on the targeted person’s civil rights”, according to the law.

Across Europe, countries including France have expanded spy agency powers, following Islamist attacks that have shifted some governments’ priorities from privacy to security.

Switzerland has prosecuted several people it contends aided Islamic State and sought to strip citizenship from a man suspected of traveling to Syria to fight with the group.

(Reporting by John Miller; Editing by Richard Balmforth)

Document spells out FBI rules to get journalists’ phone records: article

FBI headquarters

By Dustin Volz

WASHINGTON (Reuters) – The Federal Bureau of Investigation is allowed to seek journalists’ phone records with the approval of two government officials through a secretive surveillance process that does not require a warrant, The Intercept website reported on Thursday, citing a classified document.

The document, which The Intercept published without citing sources, was described as a classified appendix of the FBI’s Domestic Investigations and Operations Guide (DIOG) and was dated Oct. 16, 2013. The related document is at http://bit.ly/295HIpY.

Reuters could not verify the authenticity of the document.

FBI spokesman Christopher Allen said in an emailed reply to a Reuters request for comment, “We post a redacted version of the DIOG on our website. I am not in a position to comment or authenticate any other version.” Allen referred to an FBI website regarding the agency’s Domestic Investigations and Operations Guide. http://1.usa.gov/1QleO9n

“Because the DIOG governs sensitive operations and investigations, not all of its contents can be released,” Allen wrote.

“As a result I am not able to comment on how, or whether, the DIOG is updated as laws, Guidelines, or technology change. However, the FBI periodically reviews and updates the DIOG as needed,” he said.

Allen said the FBI’s DIOG remained consistent with guidelines from the U.S. attorney general.

The Intercept is an online publication launched in 2014 by First Look Media, which was created and funded by eBay founder Pierre Omidyar. The editors are Glenn Greenwald, Laura Poitras and Jeremy Scahill, who were all involved in breaking the Edward Snowden story.

The Intercept reported that, according to the document, pursuing a journalist’s call data with a national security letter requires the consent of the FBI’s general counsel and the executive assistant director of its national security branch, in addition to normal chain-of-command approval.

A national security letter is a type of government order for communications data sent to service providers. It is usually issued with a gag order, meaning the target is often unaware that records are being accessed.

There are several proposals in Congress to broaden the scope of national security letters, or NSLs. Privacy advocates, however, have said the authority is used too often, circumvents judicial oversight and lacks adequate transparency safeguards.

The Intercept reported that an added layer of review by the U.S. Justice Department’s assistant attorney general for national security is necessary to use an NSL to seek a journalist’s records if they are being sought “to identify confidential news media sources.”

National security letters have been available as a law enforcement tool since the 1970s. But their frequency and breadth expanded under the USA Patriot Act enacted shortly after the Sept. 11, 2001, attacks on the United States.

The FBI made 48,642 requests for data via NSLs in 2015, according to a Justice Department memo seen by Reuters in May.

Currently, national security letters can only compel sharing of phone billing records, according to a 2008 legal memo written by the U.S. Justice Department. Still, the FBI has used the letters since then to request internet records during national security investigations.

The U.S. Senate last week fell two votes short of advancing legislation that would broaden the type of records the FBI can compel a company to hand over under an NSL to include email metadata and some browsing history.

(Reporting by Dustin Volz; Editing by Dan Grebler, Toni Reinhold)

Senate votes down proposal to expand FBI surveillance powers

FBI at the Pulse

By Dustin Volz

WASHINGTON (Reuters) – The U.S. Senate on Wednesday voted down a Republican-backed proposal to expand the Federal Bureau of Investigation’s secretive surveillance powers after the mass shooting at an Orlando gay nightclub last week.

The measure followed the Senate’s rejection on Monday of four measures that would have restricted gun sales.

During Wednesday’s vote, Senate Republican leader Mitch McConnell switched his vote to ‘no,’ giving himself the opportunity to bring the measure up for consideration again as soon as later this week.

The legislation would broaden the type of telephone and internet records the FBI could request from companies such as the Google unit of Alphabet Inc and Verizon Communications Inc without a warrant. Opponents, including some major technology companies, have said it would threaten civil liberties and do little to improve national security.

The legislation before the Senate on Wednesday, filed as an amendment to a criminal justice funding bill, would widen the FBI’s authority to use so-called National Security Letters, which do not require a warrant and whose very existence is usually a secret.

Such letters can compel a company to hand over a user’s phone billing records. Under the Senate’s change, the FBI would be able to demand electronic communications transaction records such as time stamps of emails and the emails’ senders and recipients, in addition to some information about websites a person visits and social media log-in data.

It would not enable the FBI to use national security letters to obtain the actual content of electronic communications.

The legislation would also make permanent a provision of the USA Patriot Act that lets the intelligence community conduct surveillance on “lone wolf” suspects who do not have confirmed ties to a foreign terrorist group. That provision, which the Justice Department said last year had never been used, expires in December 2019.

The bill had been expected to narrowly pass but it fell two votes short of the required 60.

The future of the Senate proposal in the House of Representatives was also uncertain, given its alliance between libertarian-leaning Republicans and tech-friendly Democrats that has blocked past efforts to expand surveillance.

Privacy groups and civil liberties advocates accused Republicans this week of exploiting the Orlando shooting to build support for unrelated legislation.

Senator Ron Wyden, an Oregon Democrat, criticized Senate Republicans for “pushing fake, knee-jerk solutions that will do nothing to prevent mass shootings or terrorist attacks.”

Though Republicans invoked the Orlando shooting in support of the bill, FBI Director James Comey has said Omar Mateen’s transactional records were fully reviewed by authorities who investigated him twice for possible extremist ties.

Comey said there was “no indication” Mateen belonged to any extremist group and that it was unlikely authorities could have done anything differently to prevent the attack.

(Reporting by Dustin Volz; Editing by Steve Orlofsky and Bernard Orr)

Senate likely to pass FBI spying bill after Orlando shooting

Man paying respect to the dead at Pulse memorial

By Dustin Volz

WASHINGTON (Reuters) – The U.S. Senate on Wednesday is likely to pass a Republican-backed proposal to expand the Federal Bureau of Investigation’s secretive surveillance powers after the mass shooting at an Orlando gay nightclub last week.

The spying bill is the Republican response to the massacre after a push for gun-control measures sponsored by both major U.S. parties failed earlier this week.

The legislation would broaden the type of telephone and internet records the FBI could request from companies like Alphabet Inc and Verizon without a warrant. The proposal met opposition from critics who said it threatened civil liberties and did little to improve national security.

The bill, which the Obama administration has sought for years, “will allow the FBI to collect the dots so they can connect the dots, and that’s been the biggest problem that they’ve had in identifying these homegrown, radicalized terrorists,’” Senator John Cornyn, the chamber’s No. 2 Republican, said Tuesday.

The vote also represents a bi-partisan drift away from policy positions that favored digital privacy, which had taken hold in the three years since former National Security Agency contractor Edward Snowden revealed the breadth of government surveillance programs.

The post-Snowden moves included the most substantial reforms to the U.S. intelligence community since the Sept. 11, 2001, attacks, and a refusal to heed the FBI’s call for laws that would undermine encryption.

It is unclear if the House would pass the Senate proposal, given its alliance between libertarian-leaning Republicans and tech-friendly Democrats that has blocked past efforts to expand surveillance.

The legislation before the Senate Wednesday, filed as an amendment to a criminal justice funding bill, would widen the FBI’s authority to use so-called National Security Letters, which do not require a warrant and whose very existence is usually a secret.

Such letters can currently compel a company to hand over a user’s phone billing records. Under the Senate’s change they could demand electronic communications transaction records such as time stamps of emails and the emails’ senders and recipients, in addition to some information about websites a person visits.

The legislation would also make permanent a provision of the USA Patriot Act that allows the intelligence community to conduct surveillance on “lone wolf” suspects who do not have confirmed ties to a foreign terrorist group. That provision, which the Justice Department said last year had never been used, is currently set to expire in December 2019.

‘KNEE-JERK SOLUTIONS’

Privacy groups and civil liberties advocates accused Republicans this week of exploiting the Orlando shooting to build support for unrelated legislation.

Senator Ron Wyden, an Oregon Democrat, criticized Senate Republicans for “pushing fake, knee-jerk solutions that will do nothing to prevent mass shootings or terrorist attacks.”

Though Republicans invoked the Orlando shooting in support of the bill, FBI Director James Comey has said Mateen’s transactional records were fully reviewed by authorities who investigated him twice for possible extremist ties.

Comey said there was “no indication” Mateen belonged to any extremist group and that it was unlikely authorities could have done anything differently to prevent the attack.

(Reporting by Dustin Volz; Editing by Jonathan Weber and Andrew Hay)