by crissly | Nov 28, 2023 | Uncategorized
United States lawmakers are receiving a flood of warnings from across civil society not to be bend to the efforts by some members of Congress to derail a highly sought debate over the future of a powerful but polarizing US surveillance program.
House and Senate party leaders are preparing to unveil legislation on Wednesday directing the spending priorities of the US military and its $831 billion budget next year. Rumors, meanwhile, have been circulating on Capitol Hill about plans reportedly hatched by House speaker Mike Johnson to amend the bill in an effort to extend Section 702, a sweeping surveillance program drawing fire from a large contingent of Democratic and Republican lawmakers favoring privacy reforms.
WIRED first reported on the rumors on Monday, citing senior congressional aides familiar with ongoing negotiations over the bill, the National Defense Authorization Act (NDAA), separate versions of which were passed by the House and Senate this summer.
More than 80 civil rights and grassroots organizations—including Asian Americans Advancing Justice | AAJC, Color of Change, Muslims for Just Futures, Stop AAPI Hate, and United We Dream—signed a statement this morning opposing “any efforts” to extend the 702 program using the NDAA. The statement, expected to hit the inboxes of all 535 members of Congress this afternoon, says that failure to reform contentious aspects of the program, such as federal agents’ ability to access Americans’ communications without a warrant, poses an “alarming threat to civil rights,” and that any attempt to use must-pass legislation to extend the program would “sell out the communities that have been most often wrongfully targeted by these agencies and warrantless spying powers generally.”
“As you’re aware, this extremely controversial warrantless surveillance authority is set to expire at the end of the year, but will continue to operate as it does currently until April, as government officials have recognized for many years,” the groups say.
Johnson and Senate majority leader Chuck Schumer did not respond to WIRED’s request for comment. Leadership of the House and Senate armed services committees likewise did not respond.
Section 702 of the Foreign Intelligence Surveillance Act authorizes the US government, namely, the US National Security Agency, to surveil the communications of foreign citizens believed to be overseas. Oftentimes, these communications—texts, calls, emails, and other web traffic—“incidentally” involve Americans, whom the government is forbidden from directly targeting. But certain methods of interception, those that tap directly into the internet’s backbone, may make it impossible to fully disentangle foreign communications from domestic ones.
by crissly | Nov 10, 2023 | Uncategorized
Leaders in the United States Senate have been discussing plans to extend Section 702 of the Foreign Intelligence Surveillance Act (FISA) beyond its December 31 deadline by amending must-pass legislation this month.
A senior congressional aide tells WIRED that leadership offices and judiciary sources have both disclosed that discussions are underway about saving the Section 702 program in the short term by attaching an amendment extending it to a bill that is sorely needed to extend federal funding and avert a government shutdown one week from now.
The program, last extended in 2018, is due to expire at the end of the year. Without a vote to reauthorize 702, the US government will lose its ability to obtain year-long “certifications” compelling telecommunications companies to wiretap overseas calls, text messages, and emails without being served individual warrants or subpoenas.
Whether the authority is reauthorized before expiring on January 1 or not, the actual surveillance is likely to continue into the spring, when this year’s certifications expire.
Extending the program by attaching it to another bill that Congress can’t avoid is a risky political maneuver that will cause significant unrest among a majority of House lawmakers and a number of senators who are working to reform the 702 program. A top priority for privacy hawks is curtailing the ability of federal law enforcement to use 702 data “incidentally” collected on Americans. The 702 program collects communications from two sources: internet service providers and the companies that conduct traffic between them. The latter source is tapped less frequently but intercepts a greater quantity of domestic communications.
An aide to Jim Jordan, the Republican chair of the House Judiciary Committee, said Jordan was firmly on the side of the reformers and would not support extending 702 through a temporary measure. Chuck Schumer, the senate majority leader, did not respond to a request for comment Thursday afternoon.
“America’s security and its citizens’ rights demand more than a short-term fix. Congress has had all year to scrutinize and address this crucial policy question,” says James Czerniawski, a senior policy analyst at the nonprofit Americans for Prosperity. “Doing a short-term extension punts the ball on the critical reforms desperately needed to this program to protect Americans civil liberties.”
While surveillance of US calls is illegal and unconstitutional without a warrant based on probable cause, the government is permitted to collect domestic calls for specific national security purposes under procedures created to minimize its access to them later. The US National Security Agency, which conducts electronic surveillance for the Pentagon, is only permitted to eavesdrop on foreigners who are overseas. Those foreigners, however, many of whom are likely government officials and not criminals or terrorists, frequently exchange calls and emails with people inside the United States, and those get collected as well.
by crissly | Nov 9, 2023 | Uncategorized
“We’re going to partner with Microsoft to figure out if there are ways using our archive of material to create a sort of gen AI detection system in order to counter the emerging threat that gen AI will be used for terrorist content at scale,” Hadley says. “We’re confident that gen AI can be used to defend against hostile uses of gen AI.”
The partnership was announced today, on the eve of the Christchurch Call Leaders’ Summit, a movement designed to eradicate terrorism and extremist content from the internet, to be held in Paris.
“The use of digital platforms to spread violent extremist content is an urgent issue with real-world consequences,” Brad Smith, vice chair and president at Microsoft said in a statement. “By combining Tech Against Terrorism’s capabilities with AI, we hope to help create a safer world both online and off.”
While companies like Microsoft, Google, and Facebook all have their own AI research divisions and are likely already deploying their own resources to combat this issue, the new initiative will ultimately aid those companies that can’t combat these efforts on their own.
“This will be particularly important for smaller platforms that don’t have their own AI research centers,” Hadley says. “Even now, with the hashing databases, smaller platforms can just become overwhelmed by this content.”
The threat of AI generative content is not limited to extremist groups. Last month, the Internet Watch Foundation, a UK-based nonprofit that works to eradicate child exploitation content from the internet, published a report that detailed the growing presence of child sexual abuse material (CSAM) created by AI tools on the dark web.
The researchers found over 20,000 AI-generated images posted to one dark web CSAM forum over the course of just one month, with 11,108 of these images judged most likely to be criminal by the IWF researchers. As the IWF researchers wrote in their report, “These AI images can be so convincing that they are indistinguishable from real images.”
by crissly | Nov 7, 2023 | Uncategorized
In 1763, the radical journalist and colonial sympathizer John Wilkes published issue no. 45 of North Briton, a periodical of anonymous essays known for its virulent anti-Scottish drivel—and for viciously satirizing a British prime minister until he quit his job. The fallout from the subsequent plan of the British king, George III, to see Wilkes put in irons for the crime of being too good at lambasting his own government reverberates today, particularly in the nation whose founders once held Wilkes up as an idol, plotting a revolt of their own.
Wilkes’ arrest boiled the Americans’ blood. Reportedly, the politician-cum-fugitive had invited the king’s men into his home to read the warrant for his arrest aloud. He quickly tossed it aside. At trial, Wilkes explained its most insidious feature: “It named nobody,” he said, “in violation of the laws of my country.” This so-called general warrant, which subsequent lawsuits by Wilkes would see permanently banned, vaguely described some criminal allegations, but not a single place to be searched nor suspect to be arrested was named. This ambiguity granted the king’s men near blanket authority to arrest anyone they wanted, raid their homes, and ransack and destroy their possessions and heirlooms, confiscating large bundles of private letters and correspondence. When the Americans later passed an amendment to ban vague legal warrants describing neither “the place to be searched” nor “persons or things to be seized,” it was Wilkes’s home, historians say, that they pictured.
This morning, a group of United States lawmakers introduced bicameral legislation aimed, once again, at reining in a government accused of arbitrarily snatching up the private messages of its own citizens—not by breaking down doors and seizing handwritten notes, but by tapping into the power of internet directly to collect an endless ocean of emails, calls, and texts. The Government Surveillance Reform Act of 2023 (GSRA)—introduced in the US House by representatives Zoe Lofgren and Warren Davidson, and in the US Senate by Ron Wyden and Mike Lee—is a Frankenstein bill more than 200 pages long, combining the choicest parts of a stack of cannibalized privacy bills that rarely made it past committee. The patchwork effect helps form a comprehensive package, targeting various surveillance loopholes and tricks at all levels of government—from executive orders signed by the president, to contracts secured between obscure security firms and single-deputy police departments in rural areas.
“Americans know that it is possible to confront our country’s adversaries ferociously without throwing our constitutional rights in the trash can,” Wyden tells WIRED, adding that for too long surveillance laws have failed to keep up with the growing threats to people’s rights. The GSRA, he says, would not strip US intelligence agencies of their broad mandate to monitor threats at home or abroad, but rather restore warrant protections long recognized as core to democracy’s functioning.
The GSRA is a Christmas list for privacy hawks and a nightmare for authorities who rely on secrecy and circumventing judicial review to gather data on Americans without their knowledge or consent. A US Justice Department requirement that federal agents obtain warrants before deploying cell-site simulators would be codified into law and extended to cover state and local authorities. Police in the US would need warrants to access data stored on people’s vehicles, certain categories of which should already require one when the information is stored on a phone. The government could also no longer buy sensitive information about people that would require a judge’s consent, had they asked for it instead.
What’s more, the bill will end a grandfather clause that’s keeping alive expired portions of the USA Patriot Act that’s allowed the FBI to continue employing surveillance techniques that have technically been illegal for two years. Petitioners in federal court seeking relief due to privacy violations will also no longer be shown the door for having no more than a “reasonable basis” to believe they’ve been wrongfully searched or surveilled.
by crissly | Oct 23, 2023 | Uncategorized
Ahmed alleges that the companies are failing to implement systems that automatically detect violent extremist content as effectively as they detect some other kinds of content. “If you have a snatch of copyrighted music in your video, their systems will detect it within a microsecond and take it down,” Ahmed says, adding that “the fundamental human rights of the victims of terrorist attacks” should carry as much urgency as the “property rights of music artists and entertainers.”
The lack of details about how social platforms plan to curb the use of livestreams is, in part, because they are concerned about giving away too much information, which may allow Hamas, Palestinian Islamic Jihad (PIJ), and other militant groups or their supporters to circumvent the measures that are in place, an employee of a major platform who was granted anonymity because they are not authorized to speak publicly claimed in a communication with WIRED.
Adam Hadley, founder and executive director of Tech Against Terrorism, a United Nations-affiliated nonprofit that tracks extremist activity online, tells WIRED that while maintaining secrecy around content moderation methods is important during a sensitive and volatile conflict, tech companies should be more transparent about how they work.
“There has to be some degree of caution in terms of sharing the details of how this material is discovered and analyzed,” Hadley says. “But I would hope there are ways of communicating this ethically that don’t tip off terrorists to detection methods, and we would always encourage platforms to be transparent about what they’re doing.”
The social media companies say their dedicated teams are working around the clock right now as they await the launch of Israel’s expected ground assault in Gaza, which Hadley believes could trigger a spate of hostage executions.
And yet, for all of the time, money, and resources these multibillion-dollar companies appear to be putting into tackling this potential crisis, they are still reliant on Tech Against Terrorism, a tiny nonprofit, to alert them when new content from Hamas or PIJ, another paramilitary group based in Gaza, is posted online.
Hadley says his team of 20 typically knows about new terrorist content before any of the big platforms. So far, while tracking verified content from Hamas’ military wing or the PIJ, Hadey says the volume of content on the major social platforms is “very low.”
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