Blackhacker

Before we where consumed with Elliot Spitzer’s sexual appetites, and is apparent indiscretions, the following was the top story of the day running page one, column one above the fold of the WSJ:

NSA’s Domestic Spying Grows As Agency Sweeps Up Data - WSJ.com
WASHINGTON, D.C. — Five years ago, Congress killed an experimental Pentagon antiterrorism program meant to vacuum up electronic data about people in the U.S. to search for suspicious patterns. Opponents called it too broad an intrusion on Americans’ privacy, even after the Sept. 11 terrorist attacks.

But the data-sifting effort didn’t disappear. The National Security Agency, once confined to foreign surveillance, has been building essentially the same system.

This is the kind of thing that keeps me up at night. If there is such thing as a scary Government Agency, none fit the profile better than the NSA. Its entire reason for existing is eavesdropping. But it was created to spy on our enemies. Not us. But not anymore:

Two former officials familiar with the data-sifting efforts said they work by starting with some sort of lead, like a phone number or Internet address. In partnership with the FBI, the systems then can track all domestic and foreign transactions of people associated with that item — and then the people who associated with them, and so on, casting a gradually wider net. An intelligence official described more of a rapid-response effect: If a person suspected of terrorist connections is believed to be in a U.S. city — for instance, Detroit, a community with a high concentration of Muslim Americans — the government’s spy systems may be directed to collect and analyze all electronic communications into and out of the city.

So they ID A possible terrorist and they monitor the and ENTIRE CITY.

That’s not only a flagrant a total side step of the constitutional rights, it is also the STUPIDEST way to to find the related terrorist. As programmer who has written a program or two that needed to process large amounts of data: the easiest way to find a needle in a haystack is ID the hay and get rid of it, not pile on more hay.

Anyway in case you have for gotten this is the law of the land:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Just to be clear I consider who I talk to, on the phone, and the Internet also part of my effects. I just wish the supreme court agreed with me.

Pentagon and CIA snooping Americans’ financial records
In the wake of 9/11, the FBI was given the power to issue demands, in the form of “national security letters,” for records from financial institutions like banks and credit card companies. Compliance with these demands is compulsory.

The NYT story reveals that the Pentagon and the CIA have been issuing their own, “non-compulsory” versions of the letters that the banks can choose to contest in court. Apparently, banks and other financial institutions are choosing to cough up the documents, and both agencies have used them to obtain information on hundreds of American citizens.

This Ars Technica article goes on to point out that normally the Military is prohibited from enforcing domestic law and thew CIA is prohibited from spying in the US.

Pentagon officials said they used the letters to follow up on a variety of intelligence tips or leads. While they would not provide details about specific cases, military intelligence officials with knowledge of them said the military had issued the letters to collect financial records regarding a government contractor with unexplained wealth, for example …
(link)

That is of course stupid because They could have (should have) done a background check on the contractor before award the contract. No letter would be needed. I wish the government was this diligent when it come to control wait fraud and abuse by contractors in Iraq.

In case you didn’t know:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Next thing you know your new roommate shows up say he has been assigned to “quarter” in your house. For the legally impaired that is in violation of Amendment III.

Telegraph
The US Supreme Court has found that President George W Bush exceeded his authority by ordering military war crimes trials for Guantanamo Bay detainees.

(Bloomberg)“In undertaking to try Hamdan and subject him to criminal punishment, the executive is bound to comply with the rule of law that prevails in this jurisdiction,’ Justice John Paul Stevens wrote for the court.

In this case it is the Geneva Conventions and the Uniform Code of Military Justice. The voting breaks down like you think: Stevens, Souter, Ginsburg and Breyer for the majority; Scalia, Thomas, and Alito dissenting. Roberts abstains being that he heard the as an appellate Judge.

Few things in this world get me to cussing. When a grown man gets into my personal business is one of them.

AT&T rewrites rules: Your data isn’t yours
AT&T has issued an updated privacy policy that takes effect Friday. The changes are significant because they appear to give the telecom giant more latitude when it comes to sharing customers’ personal data with government officials.

Let’s understand. Who I call is only the business of me the person I call and those entities THAT I HIRE make the call possible. Being that I am the customer I feel those ENTITIES in my employ are are obliged to keep that information to themselves. THEY ONLY exception to this rule is when ordered by a court to do otherwise. I expect that their policies and practice to reflect these ideal. Anything less is a betrayal.

I suppose it is a good thing I am not a customer if AT&T. Verizon, this is for you TOO.

In case you hadn’t heard yet.

USATODAY.com - NSA has massive database of Americans’ phone calls
The National Security Agency has been secretly collecting the phone call records of tens of millions of Americans, using data provided by AT&T, Verizon and BellSouth, people with direct knowledge of the arrangement told USA TODAY.

The NSA program reaches into homes and businesses across the nation by amassing information about the calls of ordinary Americans — most of whom aren’t suspected of any crime. This program does not involve the NSA listening to or recording conversations. But the spy agency is using the data to analyze calling patterns in an effort to detect terrorist activity, sources said in separate interviews.

I understand that this kind of data mining (and that is what it is, in spite of what the President says. He either doesn’t really understand what data mining is or is lying) is necessary to uncover and apprehend loosely couple decentralized organization like Al Qaeda, but there was NO OVERSITE. Where was the check? Where was the balance? The President says, “I can do This cause that is how I interpret the constitution. I Don’t have to do that ’cause that’s how I interpret the constitution. ”

Well Mr. Bush, IT AINT YOUR JOB TO INTERPRET THE CONSTIUTION. THAT IS THE JOB OF THE COURTS.

Kudos to QUEST for telling the government NO. Thanks for having a spine.

Spy Court Judge Quits In Protest
Jurist Concerned Bush Order Tainted Work of Secret Panel

By Carol D. Leonnig and Dafna Linzer
Washington Post Staff Writers
Wednesday, December 21, 2005; Page A01

A federal judge has resigned from the court that oversees government surveillance in intelligence cases in protest of President Bush’s secret authorization of a domestic spying program, according to two sources.

If they don’t need you … might as well go home.

The 4th Amendment states:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

yet …

Bush Lets U.S. Spy on Callers Without Courts - New York Times
WASHINGTON, Dec. 15 - Months after the Sept. 11 attacks, President Bush secretly authorized the National Security Agency to eavesdrop on Americans and others inside the United States to search for evidence of terrorist activity without the court-approved warrants ordinarily required for domestic spying, according to government officials.

Authorizing the the NSA to violate the rights and civil liberties of Americans in my book is impeachable. The only thing is if that happens and he is removed, Cheny becomes President. 6 of one 1/2 a dozen of the other.

Duane of blackinformant asked these 2 questions:

#1. Will this move curb the suicide attacks by by Palestinian terrorists?
#2. If it doesn’t will those who have made this assumption own up to their miscalculation?

I want to add one more:
What does this say about terrorism as a tactic? Apparently it it works. I would expect that simular similar tactics might be taken by the holdouts who don’t want to move. The difference is they will not have the support of the Israeli Govnment Government to back them up.

It looks like the Bush Administration is also learning this lesson as well as it finally starts to shed some of its staunch optimism, in favor of a more realistic view of the situation if Iraq.

U.S. Lowers Sights On What Can Be Achieved in Iraq
Administration Is Shedding ‘Unreality’ That Dominated Invasion, Official Says

By Robin Wright and Ellen Knickmeyer
Washington Post Staff Writers
Sunday, August 14, 2005; A01

The Bush administration is significantly lowering expectations of what can be achieved in Iraq, recognizing that the United States will have to settle for far less progress than originally envisioned during the transition due to end in four months, according to U.S. officials in Washington and Baghdad.

The United States no longer expects to see a model new democracy, a self-supporting oil industry or a society in which the majority of people are free from serious security or economic challenges, U.S. officials say.

“What we expected to achieve was never realistic given the timetable or what unfolded on the ground,” said a senior official involved in policy since the 2003 invasion. “We are in a process of absorbing the factors of the situation we’re in and shedding the unreality that dominated at the beginning.”

Private conversation between GW Bush, President of the United States if America & Donald Rumsfeld, Secretary of defense.

GW: Hey Don. Maybe this we could push for the UN to send in inspectors to verify there claims for peaceful atomic energy use.
Rummie: Good idea Mr. President. Very original thinking.

man I wish I knew how Cobb makes those comics.