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The huge volume of telephone records turned over to the U.S. government could help investigators identify and deter a range of terrorist acts, including cyberattacks, analysts say.
"Once you have this big chunk of data and you have it forever… you can do all sorts of analytics with it using other data sources," said Joseph DeMarco, former head of the cybercrime unit in the U.S. attorney's office in New York City. "A data set like this is the gift that keeps on giving," said DeMarco, a partner at the law firm DeVore & DeMarco. The government obtained an order from the Foreign Intelligence Surveillance Court ordering a Verizon subsidiary to turn over phone records to the National Security Agency. The records do not include the content of phone calls and the order does not authorize eavesdropping. Still, the information can be helpful to investigators looking for patterns, linking people and networks. Also, phone numbers can be attached to computers, allowing hackers to get into networks through telephone lines. The data can also be viewed against other databases that help investigators see patterns and links among people and networks.
NSA data mining can help stop cybercrime, analysts say
- The leaders of the Senate Intelligence Committee said senators were informed of the administration’s sweeping surveillance practices, which they said have been going on since 2007. “Everyone’s been aware of it for years, every member of the Senate,” said Sen. Saxby Chambliss (R-GA), the ranking Republican on the Senate Intelligence Committee. Sen Chambliss told reporters that the program has been going on for seven years under the auspices of the Foreign Intelligence Surveillance Act. He said he was not aware of a single citizen filing a complaint about it. He and Sen. Dianne Feinstein (D-CA.), the panel’s chairman, also gave a defense of the program. “There have been approximately 100 plots and also arrests made since 2009 by the FBI,” Chairman Feinstein said. “I do not know to what extent metadata was used or if it was used, but I do know this, gentlemen, that terrorists will come after us if they can, and the only thing we have to deter this is good intelligence.” Sens Feinstein and Chambliss circulated a Feb. 8, 2011, letter, which both signed, inviting colleagues to read a classified report detailing the electronic surveillance authority granted by the Patriot Act and the Intelligence Reform Act of 2004.
- The collection of telephone records is an "outrageous breach of Americans' privacy," said Sen. Jeff Merkley (D-OR). He said the NSA's actions are part of a larger clandestine effort of data collection by the government that needs to be made public. Sen Merkley has long been critical of provisions in the Patriot Act that give intelligence agencies broad powers to collect phone records under orders from the secretive Foreign Service Intelligence Court (FISA).
- “It concerns me,” said Sen. Mark Udall (D-CO), a member of the Senate Intelligence Committee. “The administration, I think, owes it to the American public to comment on what authorities it thinks it has.”
- "To simply say in a blanket way that millions and millions of Americans should have their phone records checked by the United States government is indefensible and, to my mind, unacceptable," said Sen. Bernie Sanders (I-VT).
- “It’s not a surprise. How do you distinguish between that and what the IRS is doing? There are no surprises left,” said Sen. James Inhofe (R-OK), a member of the Intelligence Committee.
- Sen. Lindsey Graham (R-SC), one of the fiercest critics of the Administration’s handling of the attacks on the U.S. diplomatic post in Benghazi, Libya, however defended the national intelligence community. Sen Graham said he is wholly supportive of the data mining and that the public has nothing to fear. "I'm a Verizon customer, and I could care less that they're looking through my phone records," he said.
- Sen. Rand Paul (R-KY) called the collection of Verizon customers’ phone records an "astounding assault on the Constitution." "After revelations that the Internal Revenue Service targeted political dissidents and the Department of Justice seized reporters’ phone records, it would appear that this Administration has now sunk to a new low. If the President and Congress would obey the Fourth Amendment we all swore to uphold, this new shocking revelation that the government is now spying on citizens’ phone data en masse would never have happened.”
- Rep. Jim Sensenbrenner Jr. (R-WI), who authored and introduced the Patriot Act, said that he was troubled by reports. “As the author of the Patriot Act, I am extremely troubled by the FBI’s interpretation of this legislation. While I believe the Patriot Act appropriately balanced national security concerns and civil rights, I have always worried about potential abuses."
- House Intelligence Committee Chairman Mike Rogers (R-MI) said the NSA program had prevented at least one terrorist attack. “We know that. It’s important. It fills in a little seam that we have, and it’s used to make sure that there is not an international nexus to any terrorism event that they may believe is ongoing in the United States.”
Senators: NSA phone sweeping has been going on since 2007 (The Hill) Senate Dem: Call tracking 'outrageous' (The Hill – Merkley) Senate Dems condemn phone snooping, call on White House to justify order (The Hill – Senate Dems) Rand Paul: NSA phone spying an ‘astounding assault on Constitution’ (The Hill – Paul) Patriot Act author ‘extremely troubled’ by NSA phone tracking (The Hill – Sensenbrenner) House Intel chairman: NSA phone monitoring thwarted terror attack (The Hill)
Then-Sen Barack Obama co-sponsored legislation when he was a member of the Senate that would have banned the mass collection of phone records that his administration is now engaged in.
The SAFE Act, introduced by former Sen. Larry Craig (R-Idaho), would have amended the Patriot Act to require that the government have "specific and articulable facts" to show that a person is an "agent of a foreign power" before seizing their phone records. The bill was referred to the Judiciary Committee in 2005, but never received a vote. It had 15 co-sponsors in all, including then-Sens. John Kerry (D-MA) and Chuck Hagel (R-NE), who are now members of Obama’s Cabinet. Experts said the bill that Obama supported in the Senate would have prohibited the sweeping surveillance that has come to light at the National Security Agency (NSA).
Sen Obama sponsored bill that would have made Verizon order illegal
[Commentary] Perhaps the news that the National Security Administration has been collecting phone metadata on millions of Verizon’s customers inside the U.S. might help people get hip to the powers of cell phone data and the power of government surveillance in a connected age. There are so many questions and angles to this story, but from my perspective the most pressing issue is that as citizens we need to understand that times have changed. Many don’t recognize that our digital data –from cell phones, connected devices and our social media profiles — combined with powerful computing and analytics can create detailed histories of our lives, our habits and our actions. We can paint this as some kind of paranoia. But as anyone who has ever made a purchase at a physical store and then seen an ad for a similar product show up on a completely unrelated web site knows, it’s not crazy.
Will the latest NSA surveillance scandal be a wake-up call about the power of data?
[Commentary] Our day-to-day communications networks aren’t always geared to scale up in emergencies. At these times, some citizens and companies need help, and others are eager to help—and all need to communicate. With some emerging technologies and a little advance coordination, we can harness our civic instinct to come together in times of crisis to keep data flowing. We can start with an idea that needs no additional technology.
Many people and companies operate Wi-Fi access points. Each of these points—whether used by apartment roommates, Starbucks patrons, or cell subscribers who get Wi-Fi “off-load” from their service providers—is connected to the Internet and often remains so even if cellular voice and data towers are out or overloaded. These are tremendous potential resource. They could be preconfigured to allow their owners to quickly fling their digital doors wide in times of trouble, channeling a surge of traffic through broadband with a capacity naturally greater than that of cellular networks. The same folks who contemplated rushing to a hospital to give blood, or merchants who deplete their stores of bottled water without fretting about the cost, can share their network access in a way that can make a huge difference to fellow citizens in distress.
Let’s Test an Emergency Ad Hoc Network in Boston
Federal Communications Commission Acting Chairwoman Mignon Clyburn announced that the following items will be on the tentative agenda for the next open meeting scheduled for Thursday, June 27, 2013:
- Improving Broadband Data Collection: The Commission will consider a Report and Order to improve and streamline the collection of broadband subscription and deployment data.
- Increasing the Nation’s Supply of Spectrum: The Commission will consider a Report and Order with licensing, service, and technical rules in the H Block at 1915-1920 and 1995-2000 MHz, that would help increase the Nation’s supply of spectrum for flexible-use services, including mobile broadband.
- Protecting Customer Propriety Network Information on Mobile Devices: The Commission will consider a Declaratory Ruling clarifying that wireless carriers that collect, or direct the collection of, customer proprietary network information (CPNI) on mobile devices must adhere to statutory and regulatory CPNI requirements in protecting that information.
- Status of Universal Service Reform Implementation: The Wireline Competition Bureau and Wireless Telecommunications Bureau will present an update on universal service reform implementation.
- Status of the Broadcast Incentive Auction: The Incentive Auction Task Force will present an update on progress towards the television broadcast incentive auction.
FCC Announces Tentative Agenda For June Open Meeting
Rep. Peter King (R-NY) introduced legislation that would legalize online gambling.
The Internet Gambling Regulation, Consumer Protection and Enforcement Act of 2013 would establish a federal regulatory regime for online gaming. It would let states like New Jersey, Delaware and Nevada that have already legalized Internet gambling in some form to continue to do so. It would create a uniform set of controls and protections to prevent underage and compulsive gambling. Those offering online gambling without a license would face penalties. In addition, the bill would create the Office of Internet Gambling Oversight in the Treasury Department. The new office would set criteria for state and tribal governments to license online gambling operators.
The legislation also includes an “opt-out” provision for any state or tribe “that does not wish to participate in the federal interstate system … and prohibit online gambling or to operate intrastate gaming within its borders as authorized under state or tribal law,” according to a statement from King’s office.
Rep. Peter King introduces online gambling bill
Legislation backed by the wireless industry that would allow consumers to “unlock” their cellphones doesn’t go far enough to remove the threat of criminal penalties, Rep. Zoe Lofgren (D-CA) said.
“It’s not our job to say how the market works. Once someone buys something, they should own it. Once someone signs a contract, you can sue them, you can charge them a fee. I don’t think using criminal law to enforce the contract is appropriate,” Rep Lofgren (D-CA) said at a hearing of the House Judiciary Committee. House Judiciary Chairman Bob Goodlatte (R-VA) has introduced legislation that would give consumers the right to keep using their cellphones after a contract ends. The bill would overturn a Library of Congress decision that made it illegal to unlock phones purchased after Jan. 26. Rep Lofgren has introduced a rival bill to Goodlatte’s that would allow consumers to unlock their phones, tablets and mobile devices without facing criminal penalties or fines. H.R. 1892, “The Unlocking Technology Act of 2013,” would modify parts of the Digital Millennium Copyright Act that ban “circumvention” of copyrighted works — which includes unlocking a cellphone. Lofgren’s bill would permanently allow consumers to unlock their phones, as well as legalize third-party applications or tools that enable unlocking.
Advocacy groups such as Consumer Union and Public Knowledge have called Goodlatte’s bill a “temporary fix” and are pushing for Lofgren’s alternative.
Rep Lofgren: Cellphone unlocking should never be a crime
Broadcasters are urging the Federal Communications Commission to slow down plans to hold the much-debated spectrum auction as early as next year, saying “spectrum is going to last a long time … so we need to get it right.” “There are so many unanswered questions,” says the National Association of Broadcaster’s Rick Kaplan. “There are too many things that are too important.”
Is FCC Going Too Fast on Spectrum Auction?
As the legal battle against Aereo works its way through multiple arenas, an expert following the case says the best broadcasters could hope for at this point is that a New York Court reverses its decision to allow the Internet streaming service to continue while awaiting trial, “and forces Aereo out of operation.” Unfortunately, however, that scenario is “not likely to happen,” says Harry Cole, an Arlington (VA) attorney who specializes in mass media. “It requires several miracles.”
‘What If’ Scenarios on the Fate of Aereo