Advocacy groups organize to stop surveillance bills
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(InfoWorld) - A group of civil liberties and other advocacy groups are urging supporters to contact the U.S. Congress as it moves ahead to approve an electronic surveillance program run through the U.S. National Security Agency (NSA). The Electronic Frontier Foundation (EFF), the American-Arab Anti-Discrimination Committee, the American Civil Liberties Union, the First Amendment Foundation, and the National Association of Criminal Defense Lawyers are among the groups encouraging voters to voice opposition to two bills that would authorize the NSA program. Both bills are scheduled to be considered by the Senate Judiciary Committee Thursday morning. Opponents say the program, reportedly used to spy on U.S. residents as well as foreigners, is illegal because the NSA has conducted surveillance without court-approved warrants. Officials in U.S. President George Bush's administration and some congressional Republicans contend that the program is legal and limited in scope. "This is an unprecedented expansion of government surveillance," said Kevin Bankston, a staff attorney at the EFF, which is spearheading a lawsuit against AT&T Inc. for allegedly participating in the NSA program. "We've encountered the ultimate nightmare scenario as far as electronic privacy is concerned -- an unchecked executive branch." U.S. Attorney General Alberto Gonzales defended the program in August, calling it effective and legal. "It is a very narrow program ... focused on communications with al Qaeda where one end of the phone call [or] communication is foreign, outside of the United States," he said in a press conference. "It has been reviewed by a number of lawyers within the administration, including lawyers out at the NSA, including lawyers at the Department of Justice." Numerous U.S. intelligence officials have said the program is effective in tracking terrorist activity, Gonzales added. The legislation in Congress to authorize the program isn't necessary, but the Bush administration is working with bill sponsors, he said. Both Judiciary Committee bills would establish congressional oversight for terrorist surveillance programs conducted by the NSA or other government agencies. One bill, sponsored by Senator Arlen Specter, a Pennsylvania Republican and Judiciary Committee chairman, would largely give the Foreign Intelligence Surveillance Court jurisdiction for any terrorist surveillance programs. The court would have to approve new surveillance programs, as it has for past U.S. government surveillance operations. The second bill, sponsored by Ohio Republican Senator Mike DeWine, would allow the U.S. president to authorize surveillance programs for up to 45 days without a court order. The U.S. attorney general can then review the program and continue it for another 45 days without a court order. The DeWine bill requires that the president report the programs to congressional subcommittees, but it also allows a 15-year prison sentence and a US $1 million fine to anyone who leaks the details of secret surveillance programs. DeWine, in an August statement, called the NSA program a "critical tool to prevent America from being attacked." The DeWine bill would retroactively approve the NSA program, while the Specter bill would not, Bankston said. Lawsuits targeting the program, now moving forward in Michigan and California, could be stalled if Congress passes a retroactive bill, he said. "Let's let the courts finish the job," he added.
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This week's top-level spying spat hits on a legal gray area that may require new laws to resolve.
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Industry group will offer a free program to help users find and eliminate illegal files. The Motion Picture Association of America this week announced that it has begun filing lawsuits against people who use
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(InfoWorld) - U.S. lawmakers promised to push ahead legislation aimed at cracking down on pretexting despite some objections from telecom carriers and the U.S. Department of Justice. Nearly all the members of the House of Representatives Energy and Commerce Committee pledged to push the Prevention of Fraudulent Access to Phone Records Act, which would give the U.S. Federal Trade Commission (FTC) authority to file lawsuits against pretexters and the people who hire them. The bill would also require the Federal Communications Commission (FCC) to draw up new rules for telecom carriers to protect private phone records, and it would prevent carriers from sharing customer information with third parties without permission. Despite some concerns about the bill, lawmakers said consumers need protection against pretexting, the practice of posing as a telecom customer to obtain phone records and other private information. "Someone with bad intentions and a few bucks can get a hold of almost anybody's cell phone records," said Representative Fred Upton, a Michigan Republican. President George Bush signed a bill creating criminal penalties for pretexting in January. But proponents of the Prevention of Fraudulent Access to Phone Records Act say the extra protections in the bill are also needed. The Energy and Commerce Committee approved the same bill during the last session of Congress, but the legislation apparently was held up on the House floor because of concerns from federal law enforcement agencies that the bill could slow efforts to get information on terrorism suspects. Lawmakers from both parties complained that they received little explanation about why the bill died last year. Thomas Navin, chief of the FCC's Wireline Bureau, said the Department of Justice was concerned that the FCC would set up rules that consumers are notified too soon after their phone records were accessed by someone else. The DOJ wanted a delay of seven days before consumers were notified, he said. But Representative Ed Markey, a Massachusetts Democrat, said consumers should be notified immediately. "I don't think the Department of Justice should be listened to on that issue," he said. "I think [victims] should be listened to on that issue." Markey pointed to news reports this week saying the FBI may have violated the law and its internal rules while collecting telephone, data, and other personal records through the Patriot Act. "There is still a lack of respect for the law of our country," he said. Beyond the law enforcement concerns, representatives of trade groups the United States Telecom Association and CTIA-The Wireless Association said the bill could prevent them from sharing customer information with third parties that market complementary products. CTIA members don't share customers' personal information with unrelated groups, but the carriers do use third-party vendors to market wireless-related products, said Steve Largent, CTIA's president and CEO. But Representative Joe Barton, a Texas Republican, questioned industry concerns about language in the bill that could require carriers to get opt-in permission from customers to share their personal data. "It seems if we want to protect privacy, we should change this from opt out to opt in," he said.
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CAMBRIDGE, Mass. -- Two of the agencies most actively involved in bringing cyber-criminals to justice in the United States have expressed opposing opinions over pending anti-spyware legislation.
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Zimbabwe's parliament on Tuesday began  debating a law empowering authorities to monitor phones, mail  and the Internet to protect national security, a move seen by  critics as part of an official crackdown on the opposition.
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Two bills designed to curb the proliferation of Internet "spyware" took another step toward law this week with overwhelming approval from the House of Representatives, but supporters said they face a tough race against the clock to get Senate approval before Congress disperses for the November elections.
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Individual privacy is under threat around the world as governments continue introducing surveillance and information-gathering measures, according to an international rights group.
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Analysis: Advocacy groups lobby the FCC over potential use of the 700MHz spectrum.
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Many pressure groups that have grown accustomed to getting their way on Capitol Hill have found their initiatives shelved this year as lawmakers focus on security-related matters and rush to leave town to campaign for reelection.
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Debate centered on how and when to limit federal wiretaps, and the role of tech companies. Meanwhile, the Real ID Act ran into some real opposition.
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Women who wind up in government databases designed to track homeless people are likely to be in danger of stalking and violence, no matter how many security techniques the government uses, activists say. By Ryan Singel.
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California lawmakers pass a bill aimed at stopping police selling information about celebrities in trouble.
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Group demonstrates possible solutions, but lawmakers also need to act.
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Almost any time you turn on the tube, one group or another is pushing a cause. The Baby Bells want updated telecom laws. Abortion rights advocates plead for medical privacy. Air traffic controllers seek respect.
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More than a dozen conservation and public health advocacy groups joined on Tuesday to throw their collective support behind further legislative action to prevent global warming.
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Mayor Bloomberg spoke in favor of a bill that would allow the Justice Department to prevent gun purchases from people on the federal government's terror watch lists. The National Rifle Association opposes the measure.