The problem lies in the use of this same software to track people engaging in constitutionally protected free speech, dissent and other rights, particularly those politically disfavored by the government--and the FBI, itself. As many on the list are aware, the FBI has a long and ugly history of such illegal surveillance (indeed, the ACLU has filed a lawsuit against the gov't for illegal spying and violations of the fourth amendment). See also:
http://www.aclu.org/ ACLU v. NSA: The Challenge to Illegal Spying In the first federal challenge ever argued against the president's NSA spying program, the ACLU defeated the Bush administration in 2006, when a district court declared the program unconstitutional. In July 2007, the 6th Circuit overturned that decision. The appeals court refused to rule on the legality of the program, thereby denying Americans the chance to contest the warrantless surveillance of their telephone calls and e-mails. http://www.aclu.org/safefree/nsaspying/index.html Unfortunately, a situation is being created in which citizens cannot sue without certainty of surveillance, but cannot get certainty, through refusal of spying agencies (NSA, FBI, NYPD, whomever...) to disclose their illegal actions. This appears to be a legal and political tactic being applied in a number of venues to prevent citizens from the right to sue for illegal actions against them (including employers). This creates an extremely dangerous climate in the assault on civil and constitutional liberties, while being proffered as a "crime fighting/antiterrorist" policy. trina ----- Original Message ----- FBI's Secret Spyware Tracks Down Teen Who Made Bomb Threats Kevin Poulsen 07.18.07 | 2:00 AM <snip> Larry Carr, a spokesman with the FBI's Seattle field office, couldn't confirm that the CIPAV is the same software previously known as Magic Lantern, but emphasized that the bureau's technological capabilities have grown since the 2001 report. The case shows that FBI scientists are equipped to handle internet threats, says Carr. "It sends a message that, if you're going to try and do stuff like this online, that we have the ability to track individuals' movements online and bring the case to resolution." _______________________________________________ Discuss mailing list [email protected] http://lists.isoc-ny.org/mailman/listinfo/discuss
