Archive | US

Meanwhile, in the war on terror

THE DEPARTMENT OF JUSTICE proudly announced the first FBI terror arrest of the Trump administration on Tuesday: an elaborate sting operation that snared a 25-year-old Missouri man who had no terrorism contacts besides the two undercover FBI agents who paid him to buy hardware supplies they said was for a bomb — and who at one point pulled a knife on him and threatened his family.

There have been many reports (and at least one documentary film) about the FBI framing people who probably are not that dangerous at all – just to be seen doing something.

Law enforcement should focus on real terrorist, not creating their own ones.

The Intercept » Trump’s first terror arrest: A broke stoner the FBI threatened at knifepoint »

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US Senator challenging border search of devices

In a letter to Homeland Security Secretary John Kelly, Oregon Senator Ron Wyden called for accountability around reports that U.S. Customs and Border agents are obtaining the passwords to locked devices that belong to detainees at the border. Invoking the Fourth Amendment, Wyden dismissed such practices as extralegal, lacking probable cause and a warrant required for such searches.

Techcrunch » Legislation to stop U.S. border agents from demanding passwords and logins is on the way »

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“What could happen if you refuse to unlock your phone at the US border?”

Ars spoke with several legal experts, and contacted CBP itself (which did not provide anything beyond previously-published policies). The short answer is: your device probably will be seized (or “detained” in CBP parlance), and you might be kept in physical detention—although no one seems to be sure exactly for how long.

Ars Technica: What could happen if you refuse to unlock your phone at the US border? »

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The US digital border

Two weeks ago, Sidd Bikkannavar flew back into the United States after spending a few weeks abroad in South America. An employee of NASA’s Jet Propulsion Laboratory (JPL), Bikkannavar had been on a personal trip, pursuing his hobby of racing solar-powered cars. He had recently joined a Chilean team, and spent the last weeks of January at a race in Patagonia. (…)

Bikkannavar says he was detained by US Customs and Border Patrol and pressured to give the CBP agents his phone and access PIN. Since the phone was issued by NASA, it may have contained sensitive material that wasn’t supposed to be shared. Bikkannavar’s phone was returned to him after it was searched by CBP, but he doesn’t know exactly what information officials might have taken from the device.

The Verge: A US-born NASA scientist was detained at the border until he unlocked his phone »

Ars Technica: NASA scientist detained at US border until he unlocked his phone »

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Your password or your freedom

Francis Rawls, a former Philadelphia police sergeant, has been in the Philadelphia Federal Detention Center for more than 16 months. His crime: the fired police officer has been found in contempt of court for refusing a judge’s order to unlock two hard drives the authorities believe contain child pornography. Theoretically, Rawls can remain jailed indefinitely until he complies. (…)

He’s not charged with a crime. Judge demands he help prosecutors build their case.

Ars Technica: Man jailed 16 months, and counting, for refusing to decrypt hard drives »

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The importance of Separation of Powers

The drama surrounding the US »travel ban« underlines the importance of separation of powers. Wikipedia:

Separation of powers is a political doctrine originating in the writings of Montesquieu in The Spirit of the Laws where he urged for a constitutional government with three separate branches of government. Each of the three branches would have defined abilities to check the powers of the other branches. This idea was called separation of powers. This philosophy heavily influenced the writing of the United States Constitution, according to which the Legislative, Executive, and Judicial branches of the United States government are kept distinct in order to prevent abuse of power. This United States form of separation of powers is associated with a system of checks and balances.

This principle will, no doubt, be stress-tested under president Trump.

Donald Trump might be impulsive and be shooting from the hip. This is problematic, as both Democrats and Republicans have granted the President extensive powers. (E.g. killing and detaining people, including US citizens, without due process.)

Those powers ought to be limited. But still, the larger picture is that there is a separation of powers and that the system is working. For now.

And this is where we should be vigilant. President Trump might do stupid and dangerous things. Mainly, these are issues for the everyday political discourse. But if he will try to limit the separation of powers – he will pass a red line. Then, the issue at hand will concern a cornerstone of democracy itself.

This is what is really important, interesting and worrying about the travel ban drama: A new president challenging the separation of powers from start.

/ HAX

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Told you so

Do criticize and protest against president Trump. He deserves it.

But do not forget that you were warned against mass surveillance and other forms of Bigbrotherism long before Trump.

When people now react to the Trump-administrations ideas of having all who travel to the US to hand over social media information and cell phone contacts…

Miller also noted on Saturday that Trump administration officials are discussing the possibility of asking foreign visitors to disclose all websites and social media sites they visit, and to share the contacts in their cell phones. If the foreign visitor declines to share such information, he or she could be denied entry.

…they should remember that this is the brainchild of the Obama administration. Then it was voluntarily, but none the less.

A bad idea is a bad idea, whoever comes up with it. This should have been stopped in its tracks, from the beginning.

It’s not about liking or trusting a certain politician or a political party. It’s a matter of principle.

You should never give government tools for mass surveillance (or other tools that can be used to oppress the people) that wouldn’t be safe regardless of whose hands it ends up in.

Ignorance and partisanship brought us here.

And yet, we have no idea of how President Trump is going to use or abuse the powers of the CIA and the technical capabilities of the NSA.

/ HAX

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