Both Trump And Clinton Suggest Expanding Mass Surveillance, Bogus Watch Lists After Attack In Orlando

from the because-of-course dept

The script for what to do following a tragedy like the one in Orlando over the weekend is now quite clear: politicians want to appear "serious" about the issue, and thus they say stuff to appease people, even if what they say makes no sense. There was a lot of senseless rhetoric going around, of course, and we'll leave the usual debates about issues we don't cover on Techdirt to lots of other sites. But an issue we do cover is surveillance and bogus ideas like "watch lists" where a mere accusation leads to basic rights being taken away. And, unfortunately, it appears that both major Presidential candidates are advocating for greater surveillance and denial of civil liberties as a response to someone shooting up a nightclub and killing dozens of people.

Clinton's plan? Expand the "terrorist watch lists" despite the fact that there are hundreds of thousands of people who appear to be on the list for no reason at all, and whose lives are basically a living hell because of it. No matter, Clinton says let's expand it:

"We need to look carefully at this," she said. "Should we have a broader database? If someone comes to the attention of the FBI not once, but three times, that suggests that law enforcement needs to know, that people need to be more aware."

Meanwhile, Trump, beyond the much publicized and repeated plan to stop anyone who is a Muslim from immigrating to the country (even though the shooter was born here), also encouraged a much broader version of the already idiotic "see something, say something" campaign:

He also said Americans need to be willing to call the authorities when they see friends, family and neighbors performing suspicious activities.

Chelsea Manning, who is serving an insanely long sentence for leaking documents, wrote a thoughtful and insightful piece arguing for why we should not toss away our civil liberties in response to these attacks.

We must grieve and mourn and support each other, but in our grief and outrage we must resist any temptations to let this attack – or any attack – trigger anti-Muslim foreign policy, attacks on our civil liberties or as an excuse to descend into xenophobia and Islamophobia.

However, an attack like this is carefully planned and executed to maximize attention by inflaming the passions of a helpless public. Because of this, the response can be more dangerous than the attack. The refrains of “safety and security” have, for many years, been used as a tool by the powerful to justify curtailing civil liberties and emboldening backlash against immigrants, Muslim people and others.

Not for the first time, someone locked up on a questionable basis is making a lot more sense, and sounding a lot closer to the ideals of America, than either of people running to lead the country.

Filed Under: attacks, donald trump, hillary clinton, orlando, politics, see something say something, surveillance, terrorist watch list

No Matter What You Think Of Gun Control, Relying On The No Fly List For Anything Is Monumentally Stupid

from the due-process dept

As you may have noticed, the attacks in San Bernadino last week quickly became seen through the lens of what political point certain people wanted to make. The Democratic party quickly attempted to push for a bizarre type of gun control, barring people on the "no fly list" from buying guns. It's one of those things that sounds good if you have no real knowledge about what's going on. But it's still being pushed because it sounds like a sensible thing at first glance: why, if someone is a potential terrorist threat, they think, they probably shouldn't be able to buy guns. Hell, here's how President Obama himself put it last night in his big speech about terrorism (and gun control) in the wake of the attacks:

Now, here at home, we have to work together to address the challenge. There are several steps that Congress should take right away. To begin with, Congress should act to make sure no one on a no-fly list is able to buy a gun. What could possibly be the argument for allowing a terrorist suspect to buy a semiautomatic weapon? This is a matter of national security.

Well, here's the problem: being on the "no fly list" does not mean you're a terrorist suspect. For the President to equate the two is not just wrong, it's disgraceful. First of all, there are two separate lists: the no fly list and the "terrorist screening database." There is overlap between the two lists, but they are not the same thing by any stretch of the imagination.

Second, there is no due process whatsoever involved in putting people on the no fly list. As we noted just last year, a court found that the lack of any legitimate way of getting off the no fly list was unconstitutional. Another case involved an FBI agent checking the wrong box, which put a woman on the no fly list, and kept her out of the country for a decade. In another case, a court had to force the DOJ to admit to people they were on the no fly list, because it refused to even let them know before. While the DOJ finally changed this policy a few months ago, the lack of due process is ridiculously concerning.

Then... there's this: Leaks to the Intercept revealed that the "process" by which people are put on either the no fly list or the terrorist watch list basically involves hunches, and revelations from just a few months ago show that DHS still uses flim flam pseudo science to put people on the list based on hunches that the government laughably calls "predictive judgment," but which experts have said has no scientific basis whatsoever.

If you want to understand how incredibly wrong this proposal is, you just need to replace "buy guns" with something else, like "the right to assemble" or "the right to use the internet." It's easy to say: "What could possibly be the argument for allowing a terrorist suspect to use the internet?" But then you remember that these aren't actual suspects -- they're just people put on a list by law enforcement with no thorough process, let alone due process to defend themselves or to get off the list. And, of course, being a "suspect" doesn't mean you're guilty. Innocent until proven guilty used to actually mean something.

Thankfully, at least some are now recognizing this with Republicans suddenly arguing that they don't like this gun control policy because the no fly list is a joke. Here's presidential candidate Marco Rubio:

“These are everyday Americans that have nothing to do with terrorism, they wind up on the no-fly list, there’s no due process or any way to get your name removed from it in a timely fashion, and now they’re having their Second Amendment rights being impeded upon.... The majority of the people on the no-fly list are often times people that just basically have the same name as somebody else who doesn’t belong on the no-fly list.... Sometimes you’re only on that list because the FBI wants to talk to you about someone you know, not because you’re a suspect."

He's not wrong per se, but note that he's only concerned about the potential Second Amendment impact of this should that amendment move forward (which it won't) -- and not about the impact of all those innocent people whose lives are totally disrupted by being on the list.

And here's House Speaker Paul Ryan suddenly concerned about due process violations with the no fly list -- but again, showing no interest in actually doing anything about it, other than using it to block gun control:

“People have due process rights in this country,” Republican House speaker Paul Ryan said in explaining his party’s opposition to the vote, apparently with a straight face. He went on to say there shouldn’t be a rush to pass legislation at the risk of “infringing upon the rights of law-abiding citizens...”

Again, sure. But if the no fly list is a due process nightmare, why is it still around? Why aren't Rubio and Ryan looking to end that? And why have both of them supported all sorts of other legislation that infringes upon the 4th Amendment rights of law-abiding citizens?

It's great that some folks are suddenly aware of the fact that the no fly list is an unconstitutional, due process nightmare -- but focusing on the whole gun control aspect of it is pretty ridiculous. The no fly list is a problem on its own. It should be done away with. If people want gun control, focus on gun control, not on expanding the mess that is the no fly list. If people don't want gun control, go ahead and make that argument. But don't suddenly point to the problems of the no fly list and not do anything about them except block the gun control measure.

Filed Under: due process, gun control, marco rubio, no fly, no fly list, paul ryan, president obama, terrorist watch list

FBI Added Lulzsec Hactivist Jeremy Hammond To The Terrorist Watchlist A Year Before He Was Arrested

from the terrorism-is-just-things-we-don't-fully-comprehend dept

Jeremy Hammond -- a member of various Anonymous offshoots -- had the misfortune of being prosecuted in the United States. While his UK accomplices in the Stratfor hack were sentenced to 1-3 years, Hammond received a 10-year sentence (along with three years of supervised release) for his participation. The length of Hammond's sentence was mainly due to the CFAA (Computer Fraud and Abuse Act) being a horribly-written law (and there's a possibility it will get much worse in the future), and the FBI's willingness to toss the hacktivist under the bus for the sins of Anonymous, while glossing over the fact that it was an FBI informant (Hector Monsegur, aka Sabu) who handed out hacking targets to Hammond.

Hammond's lengthy prison sentence may also have to do with other bad laws written by legislators who didn't have a full understanding of the issues they were attempting to address. A leaked document obtained by the Daily Dot [pdf link] shows the FBI put Hammond on the government's terrorist watchlist more than a year (Date/Time Entered: 1/19/2011) before he was arrested for the Stratfor hack.

A leaked document originating from the New York State Division of Criminal Justice Services (DCJS) reveals that Hammond was considered a "possible terrorist organization member," and indicates that he was placed on the multi-agency Terrorist Screening Database (TSDB), alongside individuals suspected of ties to Al Qaeda, Somalia-based extremists al-Shabaab, and Colombia's leftist FARC guerilla movement.

Here's the pertinent information is all of its teletyped glory:



The document also includes Hammond's rap sheet, which up to that point, only includes fraud and unauthorized computer access related to the theft of credit card information from a conservative website. What it doesn't include is anything that might justify his addition to the terrorist watchlist -- unless the FBI considers protests to be a terrorist activity.

Of course, the government agencies that have the power to place US citizens on terrorist watchlists don't seem interested in providing justification for their decisions. Just having a vague sense of unease seems to be all the "evidence" any agent/official needs to declare a person a threat to this country. Nearly 40% of those currently on the government's terrorist watchlist have "no known affiliation to recognized terrorist groups."

The government has long shown it doesn't understand hacking and is no fan of activism -- generally viewing both activities as some sort of threat. So, on the watchlist Hammond went, something that presumably played a part in the prosecution's push for a decade-long sentence for the hacktivist. His actions and motives were often far from pure, but his imprisonment appears to be a result of the FBI throwing an unwitting operative onto the judicial scrapheap before moving onto its next sting operation.

Filed Under: anonymous, doj, fbi, jeremy hammond, lulzsec, terrorist watch list, tsdb

New Blog Details The Unfortunate Experience Of Being On Homeland Security's Terrorist Watchlist

from the the-S's-stand-for-'stupid' dept

You don't have to be affiliated with any known terrorist group to be added to the government's terrorist watchlist. The Intercept's publication of the numbers behind the massive amount of people the government's keeping an eye on made that perfectly clear. A full 40% of the list -- 288,000 people -- are there without any particular justification. The agencies making these nominations clearly can't articulate why certain people should receive enhanced searches and questioning each and every time they seek to board a domestic flight. But they nominate these people anyway, using something no more scientific (or counter-terroristic) than a hunch.

Kashmir Hill at Forbes has a great profile of (not-very-anonymous-after-all) blogger Peter Young, who has received the dreaded SSSS designation from the TSA. Ringing up 4 S's means every TSA agent thinks you're a terrorist and every visit to the airport means extra patdowns and questioning. Young has been detailing the humdrum existence of your everyday terrorist over at his blog, "Jetsetting Terrorist," where he notes that his decidedly non-terroristic appearance causes the consternation and confusion at smaller airports where 4-S designations are few and far between. Not that being a jetsetting terrorist doesn't have its upsides…

He discovers some of the hidden benefits of being labeled a terrorist: his boarding pass is a ticket to the front of the security line. He realizes he can turn the confusion over his flying status into a free flight and drink vouchers.

He also speculates as to why those on the terrorist watchlist aren't allowed to sit by emergency exits.

Terrorists hate humans so much we would physically block exit points in the event of a crash and/or fire.

They make you do that weird verbal confirmation thing after the fight attendant recites that exit row speech, and we’re known for only speaking Arabic.

The TSA just likes making stupid rules vacant of any rationale.

"Stupid rules vacant of any rationale" aptly describes a large swath of the Terrorist Watchlist, including Young's 4-S status, which prevents him from utilizing technological advancements like checking in electronically using a mobile device or a kiosk.

As far as Young can tell, it's a nearly two-decade-old misdemeanor that's keeping him from traveling without additional molestation.

His full time job is running an online business, but he is also a prominent animal activist; the latter is what garners him the extra TLC from the TSA. The property crime for which he was convicted dates back to 1997 when he went on a cross-country road trip freeing minks from fur farms in three states. His weapon of mass destruction was a pair of bolt cutters. On the lam for a number of years, he was apprehended and tried in 2005, and found guilty of “animal extortion terrorism.”

"Animal extortion terrorism" isn't covered under the guidelines for the Terrorism Watchlist. In fact, Young was only ever convicted of a misdemeanor (pleading down from a felony) and served on two years for his federal crime. But that's still enough to make him a feared traveler, one who is never to be trusted, not even 17 years removed from the "crime spree" that first drew the government's attention. While the prosecutor tried to connect Young with a group the DHS actually recognizes as domestic terrorists (the Animal Liberation Front), it didn't stick. Young denies any connection with the animal rights extremists.

There's another reason Young is blogging about his experiences: this very public outing of his TSA-stained laundry makes it that much tougher for the US government to simply "disappear" him, air travel-wise.

According to the Intercept, there were 16 people on the No-Fly list in 2001; in 2013, it had exploded to 47,000. “I’m worried the government will slowly move people from the Selectee list to the No-Fly list,” Young says. “I want a podium to speak from in case that does happen to me.”

As has been noted here, the No-Fly list is an unconstitutional joke. The "redress process" is so horribly ineffective that a court actually declared it to be a violation of Americans' civil rights. The Terrorism Watchlist is not only broader, but it's possibly more damaging. While it won't actually prevent you from flying (provided you don't mind every trip to the airport being the Full TSA Security Theater Experience), it does open your life up to a whole lot more government scrutiny.

In addition to data like fingerprints, travel itineraries, identification documents and gun licenses, the rules encourage screeners to acquire health insurance information, drug prescriptions, “any cards with an electronic strip on it (hotel cards, grocery cards, gift cards, frequent flyer cards),” cellphones, email addresses, binoculars, peroxide, bank account numbers, pay stubs, academic transcripts, parking and speeding tickets, and want ads. The digital information singled out for collection includes social media accounts, cell phone lists, speed dial numbers, laptop images, thumb drives, iPods, Kindles, and cameras. All of the information is then uploaded to the TIDE database.

Screeners are also instructed to collect data on any “pocket litter,” scuba gear, EZ Passes, library cards, and the titles of any books, along with information about their condition—”e.g., new, dog-eared, annotated, unopened.” Business cards and conference materials are also targeted, as well as “anything with an account number” and information about any gold or jewelry worn by the watchlisted individual. Even “animal information”—details about pets from veterinarians or tracking chips—is requested. The rulebook also encourages the collection of biometric or biographical data about the travel partners of watchlisted individuals.

This is from the same rulebook and documents that admitted that nearly 300,000 of the 680,000 people on the government's Terrorist Watchlist have "no recognized terrorist group affiliation." Just another ridiculous facet of the Dept. of Homeland Security's security theater: loading up on unrelated "extras" just so it can boast it has a "cast of thousands" (and demand a budget of billions!). No terrorism experience necessary. Enjoy your flight!

Filed Under: peter young, security, security theater, ssss, terrorist, terrorist watch list, tsa, watchlist

Falsely Putting Your Wife On The Terrorist Watch List May Hinder Your Chances For Promotion

from the just-a-tip dept

Wired has the bizarre story of a UK border agent who, in an apparent attempt to get his wife out of his life, put her name on the terrorist watch list, which left her stranded in Pakistan (where she was visiting relatives) for three years, unable to fly back home to the UK. That seems like a rather extreme way to get your wife out of the picture. And, apparently, this nefarious plan all would have worked... if only the guy never thought to apply for a promotion. Since the promotion would involve higher security clearance, he was put through a background check, where it was revealed his wife was on the watchlist. That created a bit of concern... and then it was realized that he had put her there. He's since been fired. Of course, the bigger question is whether or not whoever designed the system in such a way that it would allow a single person to add his own wife to the terrorist watch list, with no oversight and no review, was fired as well. It would seem like that person has some serious questions to answer as well.

Filed Under: border patrol, marital dispute, terrorist watch list, uk