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The Latest On FBI Warrantless Searches of Americans’ Communications #GotBitcoin

Congress weighs changes to foreign-spying program that yielded the searches of Americans’ data. The Latest On FBI Warrantless Searches of Americans’ Communications #GotBitcoin

The Latest On FBI Warrantless Searches of Americans’ Communications #GotBitcoin

WASHINGTON—The number of warrantless searches of Americans’ telephone calls, emails and text messages conducted by the Federal Bureau of Investigation plummeted last year, dropping from millions of searches to about 120,000, according to a U.S. intelligence report.

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A senior FBI official attributed the drop in part to better compliance with restrictions on searches of the data after adoption of internal reforms, as well as to variations in national-security investigations.

Additionally, a large percentage of the searches in 2021 were related to efforts to identify potential victims of an unidentified Russian hacking campaign that struck critical infrastructure in the U.S., said the report, which was released Friday.

Other factors in the decline include changes in suspected foreign spies’ communications practices and advances in technology.

From December 2021 to November of last year, the FBI searched Americans’ communications about 120,000 times under a foreign-intelligence program, according to the annual report from the Office of the Director of National Intelligence.

Another process for counting the searches, which officials said was probably less accurate because it included instances of multiple counts of the same search, put the figure at about 204,000 searches.

The estimates represent more than a 90% decline from the number of estimated searches a year before, tabulated at about 3 million to 3.4 million. FBI Director Chris Wray previewed some of the numbers in congressional testimony last month.

The report’s findings are of great interest to Congress, which is weighing whether to amend the law that authorizes the surveillance program before it expires at the end of the year.

 

The Latest On FBI Warrantless Searches of Americans’ Communications #GotBitcoin

The foreign-spying program, known as Section 702 of the Foreign Intelligence Surveillance Act, allows the National Security Agency to capture without a warrant the communications thought to belong to foreigners living abroad.

Americans’ data is often vacuumed up as well, such as when a foreign spy is communicating with someone in the U.S. A search of the data can yield a mix of metadata and the content of intercepted communications.

U.S. security officials for years have said the program is among the most valuable intelligence collection tools at their disposal, supporting a range of national-security priorities from counterterrorism to understanding the strategic ambitions of adversaries such as Russia and China. ​

April Doss, the top lawyer at the National Security Agency, said at a conference this week that 59% of intelligence included in the president’s daily brief—a dossier on security matters for the commander-in-chief—is gleaned at least in part from Section 702.

Some of the classified files alleged to have been leaked online by Airman Jack Teixeira contain markings showing they are derived from FISA intelligence, and many of them were likely obtained through the 702 program, according to former intelligence officials.

Privacy advocates say the program is inappropriately shrouded in secrecy and argue, among other issues, that it gives the FBI access to Americans’ data without a warrant.

Prominent lawmakers in both parties have said they intend to push for changes to the law that are intended to better protect privacy. Congress last renewed the law in 2018.

Though the number of searches of U.S. data last year fell precipitously, privacy advocates said it was still too high.

“It still adds up to more than 300 warrantless searches for Americans’ phone calls, text messages, and emails every day,” said Elizabeth Goitein, senior director of the liberty and national security program at the Brennan Center for Justice, a nonprofit research organization at New York University’s law school.

“One warrantless search is too many; 119,383 is appalling,” she said, using the precise tally included in the report.

Ms. Goitein also noted the report showed the FBI hadn’t obtained a warrant before accessing the content of U.S. data in certain circumstances, in an apparent violation of a requirement Congress imposed in 2018.

The report said analysts who conducted those searches—which related to a criminal investigation not linked to national security—were unaware the requirement was necessary and that the retrieved intelligence wasn’t used for further investigation or prosecution.

FBI officials have said a full-warrant requirement on searching 702 data would slow down the bureau’s ability to pursue investigative leads or to help victims, especially those suffering foreign cyberattacks.

As in years past, the FBI’s searches of U.S. data far exceed those performed by the NSA, the Central Intelligence Agency and the National Counterterrorism Center, which together declined to 4,684 in 2022 from 9,319 the year before. Officials attributed the difference to the FBI’s domestic-security mission.

The report showed that other forms of FISA surveillance that are more narrowly targeted than the 702 program generally declined as well.

The Biden administration earlier this year began a multiagency campaign to persuade lawmakers in Congress that the expiring surveillance authority needs to be renewed and shouldn’t be substantially altered from its current design.

Rep. Jim Himes, the top Democrat on the House Intelligence Committee, said Friday’s report showed the FBI had made significant progress tightening up its search practices.

He praised the FBI for more clearly explaining that many of their searches are performed in order to help victims, not pursue suspects.

“That doesn’t mean we’re done,” Mr. Himes said in an interview. “We have to have a conversation inside the Congress as to what else should be done.”

Mr. Himes said that should include codifying into law the FBI’s current search rules because, “they can do it on their own, so they can undo it on their own.”

 

Updated: 4-12-2024

House Passes Controversial Spying Bill As Speaker Johnson Overcomes GOP Objections

Measure extending foreign surveillance program for two years now heads to the Senate.

WASHINGTON—The House passed legislation Friday to renew a controversial national-security spying power, as House Speaker Mike Johnson (R., La.) overcame a last-minute intervention from former President Donald Trump and a down-to-the wire dispute over Americans’ privacy.

The bill extending the foreign surveillance program was approved 273-147, capping a bitter, yearlong fight in the chamber that had aligned some conservatives and progressives in seeking more privacy protections against congressional leadership and the Biden administration, which warned that deep changes to the law could put American lives in danger.

The legislation, which will expire next week unless renewed, now heads to the Senate, where it is expected to pass, and President Biden backs the measure.

It would renew Section 702 of the Foreign Intelligence Surveillance Act for just two years instead of the five sought by Johnson earlier in the week, a compromise designed to placate Trump and his allies.

Trump had urged members to “KILL FISA” in a social-media post Wednesday, and holdout Republicans then blocked the bill from proceeding, forcing leaders to scramble to rework the proposal.

The setback also underscored the precarious state of Johnson’s leadership in the House, where his party has a narrow 218-213 majority and Rep. Marjorie Taylor Greene (R., Ga.) is poised to try to oust him from the speakership.

Senior Biden administration officials say Section 702 is the most important surveillance tool at their disposal and is prodigious in generating intelligence used to thwart terror plots, fend off hackers and track spies.

But the law’s critics for years have viewed it skeptically and have raised particular issues with how it allows the collection of some Americans’ communications without a warrant, such as when they communicate with a foreign surveillance target.

While dozens of mostly minor changes geared at safeguarding privacy were included, an amendment to add a warrant requirement failed Friday in a nail biter of a vote, with 212 in favor and 212 against.

Members of both parties were riveted to the vote tally in the crowded chamber, with Republican conservatives cheering progressive Democrats, their allies on this matter, as they hurried to cast votes in favor in the final minutes.

The warrant requirement was opposed by the Biden administration and security hawks, who called it a poison pill. Senior Biden officials, including national security adviser Jake Sullivan and Attorney General Merrick Garland, placed calls Friday morning to House members urging them to vote down the warrant amendment, according to people familiar with the matter.

“If this becomes law, we will be blind” to recruitment efforts in the U.S. by terror groups, said Rep. Mike Turner (R., Ohio), who vigorously opposed the warrant amendment.

Turner is the chairman of the House Intelligence Committee and a key architect of the FISA package. He let out a celebratory whoop when the warrant amendment failed, and pumped his fist.

Rep. Thomas Massie (R., Ky.), who supported the warrant amendment as critical to protecting Americans’ constitutional rights, laid the blame for its failure on Johnson, who was a crucial “no.”

“It was the deciding vote,” Massie said. “This would have been a good time for him to stay off the board, frankly.”

Judiciary Committee Chairman Jim Jordan (R., Ohio,), whose panel authored the provision, said: “It’s not complicated. If you want to spy on American citizens, you need to get a warrant.”

The bill’s backers touted the overall package as the most sweeping reform package to FISA since its creation in 1978.

Among other changes, the bill sharply reduces the amount of Federal Bureau of Investigation personnel who can conduct U.S. searches, creates criminal penalties for abuse, bars the FBI from searching the database solely for evidence of a crime rather than a national-security purpose, mandates more auditing of the program, and codifies other changes already internally adopted at the FBI.

Section 702 grants the National Security Agency broad authority to collect electronic communications from U.S. technology firms to hunt for national-security threats living overseas and share those intercepts with other intelligence agencies.

Though it targets foreign suspects believed to be on foreign soil, it sweeps up an unknown amount of communications belonging to Americans, such as when they text or call a foreigner who is under surveillance.

Skeptics say that arrangement amounts to backdoor searches of Americans who have repeatedly been improperly viewed by FBI analysts, including disclosures last year that the power was used to monitor George Floyd protesters, participants in the Jan. 6, 2021, riot at the U.S. Capitol, 19,000 donors to a congressional campaign, and a sitting U.S. senator.

Friday’s vote was a much-needed win for Johnson, who has struggled to navigate a way forward on other matters including Ukraine while presiding over a fractious and narrow Republican majority.

He had previously attempted three separate times to advance FISA legislation only to be forced back to the drawing board or punt, as he did in December when Congress passed an extension only for 3½ months.

The fourth time was a charm.

In shortening the renewal time frame, lawmakers appeared to be giving Trump the opportunity to seek further changes to the law should he be elected in November. The former president has long nursed grievances against FISA and has erroneously suggested Section 702 has been used to spy on him and his campaign.

A different, more traditional part of FISA was used by the Federal Bureau of Investigation during its Russia investigation to obtain a wiretap on 2016 campaign staffer Carter Page, in a process the Justice Department inspector general later excoriated as riddled with mistakes.

“We wanted to give Trump an at-bat to tackle FISA,” said Rep. Matt Gaetz (R., Fla.), a critic of the law who pushed for a warrant requirement. “That was a principal objective.”

At a press conference late Friday with Johnson, Trump said he was “not a big fan of FISA” but credited the House with adding “a lot of checks and balances,” softening his rhetoric from earlier in the week. He spoke approvingly of the two-year extension, noting the next deadline would fall within his next administration should he defeat Biden.

Former intelligence officials said Friday after the vote it may be even harder to defeat a warrant requirement in two years if Trump is elected in November to a second term.

Given Trump’s criticism of FISA, the two-year extension “seems like a threat to the authority’s unique value rather than a promise to reassess concerns in a meaningful way,” said Vanessa Le, a former intelligence community lawyer and Senate Intelligence Committee staffer who worked on FISA.

As president, Trump signed a renewal of Section 702 into law in 2018. His administration had unsuccessfully sought a permanent renewal of it from Congress, arguing that intelligence agencies needed stability for such a vital surveillance program.

Even if the Senate unexpectedly fails to pass the House’s bill, the spying program could continue for an additional year because of how and when the secretive court that oversees FISA grants annual approval for the categories of intelligence collection allowed under Section 702. Those annual certifications were granted by the FISA Court earlier this month.

Such a scenario could invite a wave of lawsuits challenging the program, including potentially from U.S. technology companies who are compelled to cooperate.

In an April 5 letter to congressional leadership, senior Biden administration officials warned that those certifications weren’t a guarantee against disruptions to intelligence collection.

Amendments passed on Friday that expand the scope of spying allowed under Section 702 to include more leeway in targeting international narcotic trafficking operations and to allow the program to be tapped to vet foreigners entering the U.S. for possible terrorist ties. Civil libertarians generally opposed these measures.

Another amendment to codify a prohibition against a type of surveillance known as “about collection” also passed. The NSA halted in 2017 the once-secret practice, which allowed it to collect without a warrant the communications of Americans who mentioned—or talked about—a foreign intelligence target in their messages or phone calls.

“This legislation contains the most significant reforms to Section 702 ever,” said Rep. Jim Himes (D., Conn.), the top Democrat on the House Intelligence Committee and a key architect of the legislation, who opposed the warrant rule.

“This bill puts in place protections to make sure the abuses of the past do not continue into the future.”

 

 

FISA Bill Stalls Over Senate Amendment Fight Hours Before Deadline

A bill to reauthorize the Foreign Intelligence Surveillance Act’s (FISA) warrantless spying program stalled in the Senate on Friday because of a fight over amendments that Senate Majority Leader Chuck Schumer (D-N.Y.) worries could pass and send the bill back to the House.

Senators and Senate aides in both parties now say that FISA’s Section 702 authority is likely to lapse at midnight because Schumer isn’t close to giving colleagues who want amendments a chance to vote on their proposals.

In return, senators who want changes to the bill are refusing to yield back floor time to allow a final vote before FISA’s expanded surveillance power under Section 702 expires at the stroke of midnight.

Sen. John Cornyn (R-Texas), a member of the Senate GOP leadership team and a senior member of the Intelligence Committee, said the warrantless surveillance program is likely to “go dark” because of the Senate stalemate.

Sen. Kevin Cramer (R-N.D.) told reporters Friday afternoon that Schumer may not even have the 60 votes he needs to advance the intelligence authorization bill to a final vote unless he agrees to let senators vote on amendments.

Cramer and Senate Democratic Whip Dick Durbin (Ill.) have sponsored an amendment that would require the government to obtain court approval before accessing the content of Americans’ private communications swept up in the Section 702 surveillance. It has a good chance of passing.

“What’s getting me … is they’re clearly afraid it will pass. What really offends me is that they don’t let us vote on anything that might pass that alters their plan.

And by doing such, they’re demonstrating that they know better than we know, that yes there are 100 senators, but only one or two should determine what we have the right to vote on because something might pass,” Cramer said.

“All amendment deals around here start with the premise, ‘Whip it first, make sure it won’t pass, then let them vote on it,’” he said.

“If that’s the case, why do we have the most deliberative body in the world made up with 100 people each with one vote? We can all just go home and let Chuck Schumer do whatever the White House tells them.”

Durbin told reporters that there’s been little real negotiation about setting up votes on amendments.

“I don’t know that they’re underway,” he said. “I’m hoping for an amendment deal soon.”

Durbin said he hasn’t yet “been approached” about a possible vote on his amendment, which is patterned after the amendment sponsored by Rep. Andy Biggs (R-Ariz.) in the House, which narrowly failed by a vote of 212-212 earlier this week.

Durbin said his and Cramer’s amendment is more likely to pass than the Biggs proposal.

“I think it’s narrower than that amendment, and it has a better chance of passage,” he said.

While the Durbin-Cramer proposal would require an amendment to access the content of Americans’ communications swept up in the 702 program, the Biggs amendment would have required a warrant to review Americans’ data more generally.

The other amendments that have a good chance of passing are proposals sponsored by Sens. Ron Wyden (D-Ore.) and Mike Lee (R-Utah).

Wyden’s amendment would strike language added to the bill by House Intelligence Committee Chair Mike Turner (R-Ohio) that would expand the scope of businesses required to comply with government surveillance and data requests.

Wyden warned on the floor that the provision is worded so broadly that “there would be practically no limits to who can be forced into spying for the government.”

“Any company that installs, maintains, or repairs Wi-Fi or other communications systems in any American business, home or church can be dragged into this,” Wyden argued on the Senate floor.

The third amendment at issue, sponsored by Lee, would broaden the role that amici curiae, or friends of the court, would have in Foreign Intelligence Surveillance Court proceedings, giving outside groups a chance to rebut or offer comment on government surveillance requests.

The Senate passed Lee’s amendment to strengthen third-party oversight of the FISA process by a vote of 77-19 in 2020, but the proposal stalled in the House and failed to become law.

Cornyn warned Friday that if adopted, Lee’s amendment would create a “massive legal hurdle in the 702 process.”

Sen. Lindsey Graham (R-S.C.), emerging from a GOP lunch meeting Friday afternoon, said Schumer is in a tough position because if the bill is amended, it would have to go back to the House before reaching President Biden’s desk, which means Congress would blow through the deadline for reauthorizing the program.

“If any of them pass, it throws the bill in a ditch,” he warned of the amendments.

But he also pointed out that if the senators demanding votes on amendments refuse to yield back time, the FISA bill won’t pass the Senate until Monday or Tuesday.

 

 

Updated: 4-16-2024

NSA ’Just Days From Taking Over The Internet’ Warns Edward Snowden

The Latest On FBI Warrantless Searches of Americans’ Communications #GotBitcoin

The FISA 702 bill has been described by critics as a “dramatic and terrifying” expansion of the United States government’s surveillance powers.

The United States National Security Agency (NSA) is only days away from “taking over the internet” with a massive expansion of its surveillance powers, according to NSA whistleblower Edward Snowden.

In an April 16 post to X, Snowden drew attention to a thread originally posted by Elizabeth Goitein — the co-director of the Liberty and National Security Program at the Brennan Center for Justice — that warned of a new bill that could see the U.S. government surveillance powers amplified to new levels.

The bill in question reforms and extends a part of the Foreign Intelligence Surveillance Act (FISA) known as Section 702.

Currently, the NSA can force internet service providers such as Google and Verizon to hand over sensitive data concerning NSA targets.

However, Goitein claims that through an “innocuous change” to the definition of “electronic communications surveillance provider” in the FISA 702 bill, the U.S. government could go far beyond its current scope and force nearly every company and individual that provides any internet-related service to assist with NSA surveillance.

“That sweeps in an enormous range of U.S. businesses that provide wifi to their customers and therefore have access to equipment on which communications transit. Barber shops, laundromats, fitness centers, hardware stores, dentist’s offices.”

Additionally, the people forced to hand over data would be unable to discuss the information provided due to hefty gag order penalties and conditions outlined in the bill, added Goitein.

The Latest On FBI Warrantless Searches of Americans’ Communications #GotBitcoin

The bill initially received heavy pushback from privacy-conscious Republicans but passed through the U.S. House of Representatives on April 13.

Part of the pushback saw the bills’ proposed spying powers time-frame cut from five years to two years, as well as some minor amendments to the service providers included under the surveillance measures.

However, according to Goitein, the amendment did very little to reduce the scope of surveillance granted to the NSA.

In her view, the amendment could even see service providers such as cleaners, plumbers and IT service providers that have access to laptops and routers inside people’s homes be forced to provide information and serve as “surrogate spies,” claimed Goitein.

The bill has seen strong pushback from both sides of the political aisle, with several government representatives claiming the bill violates citizen’s constitutional rights.

Democratic Senator Ron Wyden described the bill as “terrifying” and said he would do everything in his power to prevent it from being passed through the Senate.

“This bill represents one of the most dramatic and terrifying expansions of government surveillance authority in history.”

Republican Congressperson Anna Paulina Luna, who voted against the bill in the House of Representatives, said Section 702 was an “irresponsible extension” of the NSA’s powers. Luna added that if government agencies wanted access to data, they must be forced to apply for a warrant.

The bill is slated for a vote on April 19 in the U.S. Senate.

 

 

Updated: 4-17-2024

Bitcoin-based Communication Devices Could Break Gov’t Surveillance — Telegram Founder Durov

Pavel Durov, founder of Telegram Messenger, believes that governments’ decreasing tolerance toward privacy will force innovations around secure communication hardware devices.

Pavel Durov, founder of the encrypted instant messaging app Telegram Messenger, predicts that rising government surveillance will force the birth of secure communication devices inspired by cryptocurrency hardware wallets.

In a Tucker Carlson interview on April 17, Durov recalled past experiences while expressing how government entities continue to suppress the private exchange of information:

“The world is becoming less amenable. Governments are becoming less tolerant of privacy. And that’s clearly the trend because they have more technological power.”

However, Durov believes that growing oversight will force innovations around hardware devices dedicated to secure communications “in a similar way that we have hardware wallets to store your cryptocurrency.”

He claimed that the United States law enforcement agency, Federal Bureau of Investigation (FBI), attempted to persuade people affiliated with Telegram to install backdoors for surveillance purposes.

Durov said that the geopolitical neutrality of the United Arab Emirates (UAE) is ideal for entrepreneurs fighting for privacy and anti-surveillance:

“It’s a small country that wants to be friends with everybody. It’s not aligned geopolitically with any of the big superpowers. And I think it’s the best place for a neutral platform like ours to be in if we want to make sure we can defend our users’ privacy and freedom of speech.”

Speaking about company ownership, Durov said he avoids venture capital (VC) investments to prevent external influence on the way Telegram operates.

He revealed that he holds a “few hundred million dollars” in fiat and Bitcoin, which allows him to bootstrap his projects and companies with 100% ownership.

However, he did raise funds for a few projects in the past, one of which was a cryptocurrency project.

Echoing Durov’s concerns about rising government surveillance, on April 16, American whistleblower Edward Snowden warned that the United States National Security Agency (NSA) is only days away from “taking over the internet” with a massive expansion of its surveillance powers.

Snowden’s alert comes after Elizabeth Goitein, co-director of the Liberty and National Security Program at the Brennan Center for Justice, pointed out that through an “innocuous change” to the definition of “electronic communications surveillance provider” in the Foreign Intelligence Surveillance Act (FISA) 702 bill, the U.S. government could go far beyond its current scope and force nearly every company and individual that provides any internet-related service to assist with NSA surveillance.

 

 

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Unicef To Accept Donations In Bitcoin (#GotBitcoin?)

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‘Gold-Backed’ Crypto Token Promoter Karatbars Investigated By Florida Regulators (#GotBitcoin?)

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[PSA] Non-genuine Trezor One Devices Spotted (#GotBitcoin?)

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Bitcoin Miners Made $14 Billion To Date Securing The Network (#GotBitcoin?)

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Walmart Coin And Libra Perform Major Public Relations For Bitcoin (#GotBitcoin?)

Judge Says Buying Bitcoin Via Credit Card Not Necessarily A Cash Advance (#GotBitcoin?)

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China’s Schizophrenic Relationship With Bitcoin (#GotBitcoin?)

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Crypto Exchange BitMEX Under Investigation By CFTC: Bloomberg (#GotBitcoin?)

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Lawmakers Push For New Bitcoin Rules (#GotBitcoin?)

Facebook’s Libra Is Bad For African Americans (#GotBitcoin?)

Crypto Firm Charity Announces Alliance To Support Feminine Health (#GotBitcoin?)

Canadian Startup Wants To Upgrade Millions Of ATMs To Sell Bitcoin (#GotBitcoin?)

Trump Says US ‘Should Match’ China’s Money Printing Game (#GotBitcoin?)

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Another Crypto Exchange Receives License For Crypto Futures

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Religious Organizations Make Ideal Places To Mine Bitcoin (#GotBitcoin?)

Goldman Sacs And JP Morgan Chase Finally Concede To Crypto-Currencies (#GotBitcoin?)

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North America’s Largest Solar Bitcoin Mining Farm Coming To California (#GotBitcoin?)

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