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  • We Won’t Stop Terror by Sacrificing Internet Privacy

    We Won’t Stop Terror by Sacrificing Internet Privacy

    Government’s main and possibly only purpose should be the protection of its citizens. We delegate this responsibility to our governments so that we can better use our time to enjoy leisure activities and civilized pursuits not associated with law enforcement and security protection. When a government no longer provides that security and stability for its citizens, they rarely exist much past that point.

    Benjamin Franklin once said, “Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety.” Many interpretations of this quote exist in relation to the current state of radical Islamic terrorism plaguing many countries throughout the world. How much of our freedom do we relinquish to secure our cities and our way of life?

    Massive Online Monitoring



    Benjamin Wittes, a senior fellow at the Brookings Institution and the editor of Lawfare, was interviewed a few years ago by Robert Siegel of NPR, stating that Franklin’s quote was misunderstood in the context of a changing landscape of threats and the digital revolution. He states,

    It is a quotation that defends the authority of a legislature to govern in the interests of collective security. It means, in context, not quite the opposite of what it’s almost always quoted as saying but much closer to the opposite than to the thing that people think it means.”

    Considering the most recent terror attack in London, which left 7 people dead and 50+ people injured thus far, English Prime Minister Theresa May has called for a massive uptick in online monitoring of social media accounts, among other measures, to monitor communication channels in hopes of locating and preventing terror attacks.

    “We cannot allow this ideology the safe space it needs to breed – yet that is precisely what the internet, and the big companies that provide internet-based services provide,” Ms. May said. But what does that mean?

    Charles Arthur at The Guardian and Andrew Griffin at The Independent make a case for the exact opposite intent occurring from drastic measures that Ms. May is proposing.

    “If successful, Theresa May could push these vile networks into even darker corners of the web, where they will be even harder to observe,” wrote Jim Killock, the executive director of the Open Rights Group, “But we should not be distracted: the Internet and companies like Facebook are not a cause of this hatred and violence, but tools that can be abused. While governments and companies should take sensible measures to stop abuse, attempts to control the Internet are not the simple solution that Theresa May is claiming.”

    This is precisely the point.

    The Internet Is Just a Tool

    The internet is not some animate being that aids or promotes terrorism. Facebook and Twitter don’t wake up in the morning and, over tea, decide to aid radical Islamic terror. Would we blame an ax for the crime committed with it and ban all axes from society? The logging industry just might have something to say about that. Likewise, with any tool, it is sheer foolishness to think that the regulation of its use will lead to reduced crime if we do not deal with the true root and cause of the crimes themselves.

    But this is not surprising from governments today that have a basic disregard for human freedoms. Out of control regulation and legislation in almost every area of life is commonplace. In fact, a case could be made that any area of life not regulated in some way by government presents a threat to the foundations of their existence.

    What relevancy would a nation-state have in your life if they removed regulation and allowed you to make free choices as you saw fit, rather than from a limited number of choices they have already pre-approved?

    Impacts from Ms. May’s action could be numerous with unintended consequences becoming manifold overnight. Would it not make more sense to allow more freedoms on the internet so that radical ideologies could be exposed, challenged and potentially marginalized or their believers’ ideas changed? More control of public discourse is a step on the road towards tyranny, not more freedom.

    Franklin may not have envisioned the internet existing, but his Pennsylvania Gazette was instrumental in overthrowing an oppressive regime that was enforcing its ideology on the colonies. British and American tradition is one of a metered response and the openness of discourse. Ms. May’s actions exhibit neither.

    So What Do We Do?

    The question becomes then, how do we combat terror. Is there a solution? Many have been batted around by western governments. U.S. President Donald Trump wants to effectively reduce travel from hotspot terror countries. Ms. May wants to regulate the internet. Angela Merkel believes that an openness of travel and a presentation of the superiority of western ideals will win the day.

    The solution to the problem of Islamic extremism will potentially be much more complicated than those, but not one that we should have to sacrifice our freedoms for, both to those who would take it away by committing acts of terror and to those who purport to know best how to keep us safe.

    In 1776, regular colonial citizens recognized that there was an ideological difference between British and Colonial rule. They took up arms to defend themselves because their governments at the time would not or could not keep them safe any longer. The same is happening in Western Europe and will most likely begin to happen in the U.S. soon. How long will it be before ordinary citizens will take up arms to prevent terror when their governments see only the removal of privacy, rights and freedoms as the solutions to a crisis?

    Friedrich Hayek in his book, The Road to Serfdom, writes extensively on the necessity of individual rights and government’s interest in removing those rights. He writes,

    It is true that the virtues which are less esteemed and practiced now  –  independence, self-reliance, and the willingness to bear risks, the readiness to back one’s own conviction against a majority, and the willingness to voluntary cooperation with one’s neighbors  –  are essentially those on which the of an individualist society rests. Collectivism has nothing to put in their place, and in so far as it already has destroyed then it has left a void filled by nothing but the demand for obedience and the compulsion of the individual to what is collectively decided to be good.”

    Much can be said about how western powers have aided the rise of radical extremism through interventionist and botched interventionist policies in the Middle East and elsewhere. Should we also pay the price for their mistakes in the confiscation of our rights to privacy and liberty? The people of Europe will have to make that hard choice.

    In the coming weeks, months and years we will also need to make hard choices about how to combat terror. What is true for now is that our governments cannot protect us sufficiently from radical Islamic terror and the problem seems to be worsening.

    One item I do agree with Ms. May on is that enough is enough. It’s about time we named our enemy and found ways to curb his ability to contribute to the destruction of our way of life. No one should have to live in fear of gangs of ideologically motivated men killing using vehicles, knives or bombs. These are marks of chaos and anarchy, not stability and freedom. Perhaps if we addressed the real cause of the problem we could take one step back towards a prosperous and open society.

    Reprinted from Politics Means Politics.


    John Bianchi

    John Bianchi is a marketing professional and the Chapter Leader for America’s Future Foundation in Raleigh. You can keep up to date with his articles on Medium here: https://medium.com/@johnmbianchi21.

    This article was originally published on FEE.org. Read the original article.


  • California Authorities Are Failing to Track and Prevent Abuse of Police Databases

    Police in California have your data literally at their fingertips.

    They can sit at a computer terminal or in their squad car and check your DMV records, your criminal records, your parking citations, any restraining orders you’ve filed or have been filed against you. They can search other state databases and even tap into the FBI’s trove. If you’ve got a snowmobile, they can look up that registration too. Much of this personal data they can access through a smartphone app.

    Is there a name for this information network? Yes, it’s really boring: the California Law Enforcement Telecommunications System (CLETS). Most people pronounce it “Clets.”

    Do police abuse their access to CLETS? You betcha. For example, they’ve used it to stalk their ex-partners, gain advantage in custody proceedings, and screen potential online dates. In one of the worst incidents, an officer allegedly attempted to leak records on witnesses to family of a convicted murderer. According to the latest data, 2016 was a record-breaking year: California hit a statewide, all-time high for police discipline involving CLETS; meanwhile the Oakland Police Department broke an all-time record for individual law enforcement agencies.

    Is anybody doing anything about CLETS misuse? Yes and no. Certainly EFF has been making noise about privacy violations involving CLETS. The government, not so much.

    For years, we’ve pushed for better data to track when California cops misuse CLETS data. We have filed request after request for misuse data under the California Public Records Act. We’ve sent letters, met with staff, assisted journalists, and spoken up during public meetings to demand state officials overseeing these databases take some sort of action. This is the third report we’ve published on misuse data.

    Yet state officials have made zero progress in addressing widespread database misconduct. No hearings on misuse have been held, no disciplinary actions have been taken, and the horror stories continue to mount.

    Who are these state officials? Get ready for another boring acronym: the CLETS Advisory Committee (CAC). Yes, CAC is an acronym containing an acronym. Most people pronounce it “Cack.”

    CAC was created by the California legislature decades ago to oversee CLETS as part policy body, part disciplinary board.  It comes under the California Department of Justice and works hand in hand with CADOJ’s Criminal Justice Information Services department.  CAC has 11 members, with more than half being appointed by special interest groups that lobby for law enforcement and municipalities. That means CAC is controlled by groups that are predisposed to support—not punish—their members.  As a result, the body has gone out of its way to pass policies that police ask for, while simultaneously taking a largely hands-off approach to discipline.

    It used to be that CADOJ and CAC investigated violations, but several years back they handed off that responsibility to the individual agencies that subscribe to CLETS.  Nowadays each of those agencies is required to file disclosures about each investigation they conduct, including an annual summary for CAC to review. Then CAC decides whether further administrative action is necessary

    Or at least that’s how it’s supposed to work. CAC has not even looked at the misuse data in years, and consequently, they’ve taken no action whatsoever against anyone or any department—not even a “don’t do it again” warning letter.

    What’s even worse is that they’ve been remarkably lax about whether agencies need to file anything about CLETS violations at all. This year some of the state’s largest law enforcement agencies failed to file the mandated paperwork. Meanwhile, agencies that do report often list investigations as “pending,” but never follow-up with the eventual outcome as required.

    So, when EFF obtained the latest round of misuse data, we knew it would be bad. But we also knew it would be incomplete—the tip of a very large, blue iceberg.

    Download the 2016 CLETS misuse data.  Previous data available: 2011-2014 (zip) and 2015 (xls)

    Screen grabs from official CLETS training videos. Source: Lemoore Police Department

    What the Misuse Data Told Us

    Police agencies disclosed that a total of 159 misuse investigations were launched in 2016. Of those, 117 investigations found that police had in fact abused CLETS. Another 39 cases were listed as pending conclusion. That means there were only a small number of cases—potentially in single digits—where an investigation cleared the officer.

    Let’s focus on those 117 cases of confirmed misuse. They represent a 14.5% increase over misuse in 2015, and a 50% increase over 2011.

    In 27 cases, the misuse was so severe that the offending police officer either resigned or was terminated. Three cases resulted in a misdemeanor conviction, and three cases resulted in a felony conviction.

    In 24 cases, no action was taken to discipline the offending officer at all. In 28 cases, the result was “counseling.” Another 21 mystery cases were listed as “other” action having been taken, leaving the public in the dark.

    When we opened the data file, two agencies immediately jumped out as repeat offenders.

    First, there was the Oakland Police Department, who for the first time since we’ve been collecting data, actually turned in their disclosures. That’s the good news.

    The bad news is that they reported 17 cases of CLETS misuse—the highest number for any agency in at least seven years. These are likely related to the ongoing, expansive scandal in which at least one OPD officer is accused of providing CLETS records to a teenage sex worker whom he—and many other officers—allegedly sexually exploited.

    The head of OPD’s internal affairs department filed the hard copy of the disclosure with CADOJ. However, when we called OPD’s public affairs division, a spokesperson challenged the numbers, staying that only 1 misuse case was found in 2016, while the remaining 16 are still pending. That’s still bad and possibly even worse, if it turns out OPD provided wildly inaccurate data to CADOJ.

    The Yuba County Probation Department—a very small agency in central-northern California—also drew our attention. In 2015, they broke the record with 15 violations of CLETS policy, all of which resulted in only “counseling” for the officers who broke the rules. CADOJ ignored our request for a public hearing on this. Facing no action to deter further violations, Yuba reported another six cases of misuse in 2016—again with counseling as the only outcome.

    What was missing from the data also jumped out at us. The Los Angeles Police Department for the seventh year in a row filed no misuse disclosures with the state.  Typically, the San Diego County Sheriff’s Office conducts more investigations into CLETS misuse than any other agency. This time, they did not file anything at all.

    Oversight on Hold

    Will this be the year CADOJ and the CLETS Advisory Committee finally steps up to protect our privacy? Probably not.  In December, CADOJ failed to produce historical misuse statistics as requested by CAC, so the committee agreed to postpone discussion until its next meeting. However, since CAC reduced its meetings to the statutory minimum of two per year, it won’t meet again until this summer. The year will be half over and, if the trend continues, many, many more people will have had their privacy invaded by misbehaving police.

    One thing you can count on: EFF will continue to pressure these state officials, and if we can’t get them to do their jobs, then it’s time for the legislature to find someone else who can.

    A Note on CLETS and the California Values Act 

    EFF has fielded a lot of questions recently about CLETS as legislators consider S.B. 54, the California Values Act. The bill, among other measures to protect immigrants, would limit the federal government’s access to California’s law enforcement databases for the purposes of immigration enforcement. CLETS would clearly fall into that category.

    During the bill-making process, S.B. 54 was amended to allow immigration officials to access criminal history information via CLETS. EFF is very concerned that this CLETS provision would create a backdoor to the very data the bill was designed to protect. While S.B. 54 may still protect some Californians’ data accessible through CLETS from immigration officials, implementation of those protections would require an oversight body with the motivation to enforce the law.

    That oversight body would be—you guessed it—the same CLETS Advisory Committee that refuses to take any action on database abuse by police officers. In fact, several of the organizations that have seats on CAC—including the California Peace Officers’ Association and the California State Sheriffs’ Association—are actively lobbying against S.B. 54.

    EFF supports S.B. 54 and believes it will do much to protect the data of California residents. However, we hope that as lawmakers build a firewall against data misuse by the feds, they take a close look at the officials who would be watching the CLETS gateway.

    Source: California Authorities Are Failing to Track and Prevent Abuse of Police Databases | Electronic Frontier Foundation


  • Net Neutrality Is about Government Control of the Internet

    Net Neutrality Is about Government Control of the Internet

    The fight over the privacy rules passed by the Federal Communications Commission (FCC) is the latest brawl between advocates of a free and largely unregulated Internet and the “net neutrality” activist ideologues who see the Internet as something that should be nationalized and publicly owned and regulated.

    In March, Congress voted 215-205 to eliminate the Internet privacy rules passed by the FCC under former chairman Tom Wheeler. The Senate had already voted the same way. President Trump signed the legislation into law in April. The vote in Congress was predictably condemned by ideologues opining in the Washington Post, CNN, and other news outlets on how the vote entirely destroys our privacy rights on the Internet. But repealing the draconian FCC privacy rules – before they were set to take effect later this year – will not put our privacy rights in any danger at all. There are more than enough federal and state protections in place.

    We’re Fine without It, Thanks

    Internet privacy has been protected quite well for almost 20 years by rules from the Federal Trade Commission (FTC). When the FCC enacted the new privacy rules, the FTC opposed them as unnecessary. Surely when the FTC says new rules would hurt consumers and weaken consumer protections, those rules should be seriously questioned. Without the FCC privacy rules, the FTC remains active in protecting consumer privacy on the Internet.

    The privacy and net neutrality rules passed in the FCC in 2015 were part of the larger effort under the Obama Administration to regulate the Internet as if it were a public utility, much like the old “Ma Bell” phone monopoly. Ironically, the very development and growth of the Internet would not have been possible were it not for the deregulation and breaking up of the old phone monopoly.

    Current FCC Chairman Ajit Pai pointed out that the elimination of the FCC Internet regulations  will not harm consumers, or the public interest, because they were never needed. Justification for the regulations were “phantoms that were conjured up by people who wanted the FCC for political reasons to over regulate the Internet,” he told Nick Gillespie of Reason. “We were not living in a digital dystopia in the years leading up to 2015.” Pai also pointed out how Google and Facebook have succeeded in an Internet free of government micromanagement, where content providers and others are free to innovate and offer consumers the services and content they demand.

    The “Open Internet Order” (OIO) regulating the Internet, passed by the FCC in 2015, would have moved the Internet in the direction favored by net neutrality ideologues. In the text of the OIO, the George Soros-funded net neutrality group Free Press was mentioned 46 times – it’s almost as if Free Press had written the regulations for the FCC. The OIO sees the Internet as something that should be nationalized by the government to be run like a public utility.

    Advocates of this vision, including leaders of Free Press, have made it clear what they want. Robert McChesney, one of the founders of Free Press, stated,

    What we want to have in the US and in every society is an Internet that is not private property, but a public utility. We want an Internet where you don’t have to have a password and that you don’t pay a penny to use. It is your right to use the Internet.

    The goal they are calling “net neutrality” is to have the federal government, and governments around the world, in control of the Internet. McChesney stated further,

    At the moment, the battle over network neutrality is not to completely eliminate the telephone and cable companies. We are not at that point yet. But the ultimate goal is to get rid of the media capitalists in the phone and cable companies and to divest them from control.

    Government control of the Internet raises many questions about consumer and privacy protection. When the Office of Personnel Management held the personal data of 21.5 million people, it was an easy target for hackers seeking access. The list of government agencies compromised by hackers continues to grow. Imagine if everyone’s personal information, including emails, browser history, and the data stored on “cookies” on computers was stored in one giant government entity that runs the Internet.

    Public Utilities Are Not Private

    The FCC agenda that voted for those regulations in 2015 is less about privacy and consumer protection than it is about government control of the Internet. In receiving court approval of the privacy rules, the FCC reclassified broadband Internet access as a public utility.

    The rapid advance of technology lets the Internet evolve continually, and this innovation is threatened if the Internet is to be regulated or run like a public utility. Public utilities do not compete against other entities, and are regulated as monopolies. But the Internet is not structured that way: most consumers have a choice in what Internet service they have. In 20 years, Internet providers invested more than $1.5 trillion in the development of the Internet in the US. Most homes in the US have access to broadband Internet at lower rates than consumers pay in Europe, where the service is price-regulated.

    Public utilities do not innovate, nor do they seek to better their service for consumers. Those who remember the old “Ma Bell” phone monopoly know this: consumers rented phones from “the phone company” at high rates, and although getting them fixed was included in the cost of the service, consumers often waited days before a technician showed up.

    There are two clear paths the Internet might take, depending on which sides wins this battle over having a truly free, private Internet or one controlled by the government as a public utility. While the free market always supports innovation and consumers’ choices, government control has only lead to corruption and inefficiency in all entities it controls.

    Supporters have communicated exactly what they want. There can be no confusion about what the net neutrality agenda is all about: supporters of net neutrality demonize Internet service providers in their populist arguments for government control. But if they win their dream, consumers will be the real losers in this battle over Internet control.


    Drew Armstrong

    Drew Armstrong is a freelance political journalist based out of Orange County, California.

    This article was originally published on FEE.org. Read the original article.