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    Ice accessed car trackers in sanctuary cities that could help in raids, files show

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    As Donald Trump’s administration ramps up its crackdown on undocumented immigrants to the US, advocates are increasingly worried immigration agents will turn to surveillance technology to round up those targeted for deportation, even in so-called “sanctuary cities” that limit the ways local law enforcement can cooperate with immigration officials.That’s because US Customs and Immigration Enforcement (Ice) in past years has gained access to troves of data from sanctuary cities that could aid its raids and enforcement actions. Among that information is data from the vast network of license plate readers active across the US, according to documents obtained by the Guardian.Local agencies across the country use license plate readers, high-speed cameras that scan and capture images and videos of every vehicle that passes, to collect information on vehicular activity, including the direction a vehicle is moving. They store those details in databases that are often shared with other local law enforcement agencies as well as federal ones. The volume of data gathered along with the wide breadth of bureaus that have access to it mean that federal agents in practice can often obtain information on individual immigrants gathered by local authorities those same agents are legally not allowed to work with.Take the example of Westchester county, New York, where police work with a license plate reader company named Rekor.Westchester, a 450-sq-mile mostly suburban area just north of New York City – has had laws limiting cooperation with federal immigration authorities on the books since 2018. But documents including emails and access logs newly made public show Ice has had access in the past to a major database that holds license plate reader information collected across the county.Westchester county police said they managed a network of 480 such cameras as of January 2023. Westchester police provided these figures in response to a freedom of information law request and are the most up-to-date figures available on the scale of the county’s license plate surveillance network. In just the last week of January 2023, the cameras scanned 16.2m cars, according to these documents. That’s up from 14m scans across 346 cameras in March 2022, these emails show. Ice, Customs and Border Protection and the agency they fall under, the Department of Homeland Security (DHS), have all had access to this database as of February 2022, as do local law enforcement agencies outside New York state, these documents show. The license plate information that is stored in this database came from more than 20 cities across Westchester and spans two years.Neither Ice nor the Westchester county police department responded to questions about whether the federal agency still has access to the database.In the first few weeks of Donald Trump’s administration, a flurry of immigration enforcement activity across Westchester county prompted local mayors to reassure residents they were complying with local sanctuary laws and were not cooperating with Ice on these investigations. These laws “prohibit members of the police department from engaging in law enforcement activities solely for the purpose of enforcing federal immigration law, unless required to do so by a judicial warrant or other federal law”, the Peekskill mayor, Vivian C McKenzie, told the Westfair Business Journal.The data sharing between the county police and Ice, illustrated in the documents the Guardian reviewed, appear to have sidestepped and undermined the county’s sanctuary city laws. It also means that Ice can potentially use data captured in Westchester to pursue immigration cases elsewhere, including in other sanctuary cities.“Westchester can be a sanctuary county or a surveillance state. It can’t be both. This sort of mass tracking violates the promise made to undocumented residents that they will be safe in the county,” Albert Fox Cahn, the director of the privacy advocacy group the Surveillance Tech Oversight Project, said. “It’s unclear if Westchester county [was] violating the letter of its law, or merely its spirit, but either way it’s clear that immigrant communities are at risk.”Westchester county police, Ice and the mayors of several cities in the county did not respond to multiple requests for comment.The documents, which Westchester county police made public in response to a freedom of information law request by a legal non-profit and shared exclusively with the Guardian, include a list of its “users”, or organizations that had access to this database as of February 2022. The non-profit asked not to be named to avoid compromising the federal grants the organization was awarded. In addition to Ice and the DHS, agencies listed as having access include the Department of Justice, the Drug Enforcement Administration (DEA), the Secret Service and the FBI.A separate list details individual users who have access to the database. Among the users were five individuals who had email addresses that ended in @ice.dhs.gov and two people with Secret Service email addresses ending in USSS.dhs.gov. There were 44 users with email addresses that end in FBI.gov, 40 with DOJ.gov addresses and just over a dozen featuring DEA.gov. Many of those included on the list indicated they were part of the investigative unit of their agency. It was not clear whether that list was current as of 2025 and if those users have ongoing access to the database.A nationwide surveillance netRekor sells license plate readers and the software used to analyze their data to law enforcement agencies, though it is among the smaller companies in an ecosystem of many working in similar ways. Together, these companies’ license plate readers blanket the majority of the US. Access to more than one major network can enable law enforcement agencies to monitor people’s movements across the country.In addition to accessing local networks like Westchester’s, Ice uses the national database of Vigilant Solutions, a Motorola subsidiary which offers license-plate reading technology that competes with Rekor for contracts with local law enforcement and business across the US. In 2019, documents obtained by the American Civil Liberties Union (ACLU) revealed 9,000 Ice agents had access to the database of Vigilant Solutions.skip past newsletter promotionafter newsletter promotionPrivacy and civil liberty experts argue these technologies create a vast surveillance dragnet wherein the movement of every vehicle in the US is being tracked and examined regardless of whether there is an active investigation. Residents of places where these cameras have been set up are beginning to push back.In October, residents of Norfolk, Virginia, sued the city for allegedly violating their fourth amendment protections against unreasonable searches and seizures by installing license plate readers from another Rekor competitor called Flock Safety. When announcing the contract to install 172 Flock cameras across Norfolk, the police chief, Mark Talbot, said his office wanted to create “a nice curtain of technology” that would make it “difficult to drive anywhere of any distance without running into a camera somewhere”. Lee Schmidt, one of the plaintiffs, said four of the cameras had fenced in his neighborhood.“He was outraged by the loss of privacy,” said Michael Soyfer, an attorney at the Institute of Justice who is representing the plaintiffs on this case. “He noticed that he basically couldn’t leave his neighborhood without one of the cameras picking it up.”Local law enforcement across the country sharing license plate data with each other and with federal agencies means that anyone’s movements are in effect being tracked across state lines, experts say.“We’re moving to a day where someone getting in their car in New York City could drive to Boston or Washington and have their car basically map every moment of the drive,” Fox Cahn said. “It is profoundly and painfully ironic that American highways went from the symbol of freedom and the liberty of the open road to this metaphor for creeping surveillance and police control.”Westchester police discuss more surveillanceIn addition to informal data-sharing with various federal and local agencies inside and outside of New York state, emails show Westchester police actively discussed creating formal data-sharing relationships to enable a cross-county surveillance network, including with the New York police department and fire departments, as well as an out-of-state agency in Stamford, Connecticut.“If you get a chance I would love to discuss what possibilities exist with a Data Sharing plan,” a Westchester police lieutenant wrote in an email to an NYPD officer dated 10 March 2022. “We are currently at 346 cameras in Westchester with about 14 million reads per week. A lot of those reads are along the city line (Bronx).”The range of agencies and individuals that have access to this database is potentially far more expansive than those listed. Rekor advertises a nationwide law enforcement platform that allows any agency that uses it “to access real time data from any part of the network at no cost”, according to a company press release. Announced in 2019, the platform would make real-time data on the “150 million plate reads” a month that Rekor collects across 30 states available to any agency that wanted to opt in. More

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      Ice contractor plans for surveillance boom under Trump migrant crackdown

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      The Geo Group, the largest single private contractor to US Immigration and Customs Enforcement (Ice), said it was building out its surveillance business to be able to monitor hundreds of thousands or millions more immigrants than it already does.The Geo Group, a private prison corporation and parent company of BI Inc, has contracted with Ice for nearly 20 years to manage the agency’s electronic monitoring program. It currently tracks approximately 186,000 immigrants using devices such as ankle monitors, smart watches and a facial recognition app, according to public Ice data. Due to increasing demand from Donald Trump’s administration, which has promised mass deportations, company executives said that they expect that number to grow past its previous peak of 370,000 to 450,000 immigrants within the next year. The remarks were made during the company’s fourth-quarter earnings call on Thursday morning.“A little over two years ago, the ISAP contract utilization peaked at approximately 370,000,” George Zoley, the executive chair of the Geo Group, said on an earnings call on Thursday, referring to the agreement between Ice and Geo. “Returning to that utilization level would generate incremental revenues of $250m and even more if the contract exceeds the prior peak of utilization.”While the company is still ramping up its production of additional GPS units in anticipation of an expanded Ice contract, executives said they are able to monitor “several hundreds of thousands” of people and are trying to position themselves to be able to monitor millions of people. Zoley said that the Geo Group, and its competitor in running private prisons and detention centers, Core Civic, are in expedited discussions with Ice to expand current contracts for detention facilities as well as electronic monitoring.“It’s a fluid situation, but it’s picking up pace, if I may say,” he said. “We’ve gone from conceptual proposals … to substantive pricing and operational discussions. But the procurement process is moving at a speed that is unprecedented. We’ve never seen anything like this before.”The company’s vast electronic monitoring program was instituted as an alternative to detention in 2004 and has been entrusted to Geo group subsidiary BI Inc since then. Many of those forced to wear the ankle monitors, designed and produced by BI, have complained the devices can overheat, shock them or have been put on too tightly. The company has pitched its smart watch location tracker and smart phone app, called SmartLink, as a lower-level of surveillance than the monitor. Executives said on Thursday’s earnings call, however, that they expect a return to a reliance on the physical ankle monitors.“I think there is going to be a preference in the beginning for the ankle monitors which represents the high-security level of monitoring,” Zoley said.Though the company has yet to receive an indication from Ice on when the agency expects to reissue a new contract for the electronic monitoring program, called the Intensive Supervision Appearance Program, executives say they believe the agency is focused on expanding the number of people being tracked through the existing program. The Geo Group is investing $16m into building out its inventory of ankle monitors in order to “be in a position to scale up the federal government’s utilization of ISAP by several hundreds of thousands to upwards of several millions of participants as required”, according to Zoley.skip past newsletter promotionafter newsletter promotionCompany executives also said they believed that under the Laken Riley Act, which requires the detention of undocumented immigrants charged with violent crimes or theft, those detained will be required to be monitored under the ISAP program “indefinitely” if there is not enough capacity in detention facilities. The executives signaled their intent to expand the company’s surveillance program so that it could monitor an estimated 7 to 8 million people on the non-detained docket who entered the US through non-authorized pathways and then are released into the US. They are also building up capabilities to monitor the estimated 9.5 to 10 million people in the US who are otherwise undocumented in anticipation of Ice’s requests.“Given the size of the population our view is in addition to increased detention capacity … the Laken Riley Act will require significant ramp-up of electronic monitoring services to ensure proper trafficking of persons on non-detained docket and their compliance of the requirements of their immigration court proceedings,” Zoley said. More

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      The question no one dares ask: what if Britain has to defend itself from the US? | George Monbiot

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      All the talk now is of how we might defend ourselves without the US. But almost everyone with a voice in public life appears to be avoiding a much bigger and more troubling question: how we might defend ourselves against the US.As Keir Starmer visits the orange emperor’s court in Washington, let’s first consider the possibilities. I can’t comment on their likelihood, and I fervently hope that people with more knowledge and power than me are gaming them. One is that Donald Trump will not only clear the path for Vladimir Putin in Ukraine, but will actively assist him. We know that Trump can brook no challenge to his hegemony. Russia is no threat to US dominance, but Europe, with a combined economy similar to that of the US, and a powerful diplomatic and global political presence, could be.Putin has long sought to break up the EU, using the European far right as his proxies: this is why he invested so heavily in Brexit. Now Trump, in turn, could use Putin as his proxy, to attack a rival centre of power. If Trump helps Russia sweep through Ukraine, Putin could then issue an ultimatum to other frontline and eastern European states: leave the EU, leave Nato and become a client state like Belarus, or you’re next. In Hungary, Viktor Orbán might agree to this. If Călin Georgescu wins in Romania in May, he might too.What form could US support for Putin in Ukraine take? It could involve intelligence sharing. It could involve permanently withdrawing Elon Musk’s Starlink satellite internet service from Ukraine, which is strategically crucial there, while making it available to the Russian armed forces. Already, the US government has threatened to nix the service if Ukraine doesn’t hand over its minerals, as reparations for being invaded. This is how Trump operates: blackmailing desperate people who are seeking to defend themselves against an imperial war, regardless of past alliances. In the extreme case, Trump’s support for Russia might involve military equipment and financial backing, or even joint US-Russian operations, in the Arctic or elsewhere.Now consider our vulnerabilities. Through the “Five Eyes” partnership, the UK automatically shares signals intelligence, human intelligence and defence intelligence with the US government. Edward Snowden’s revelations showed that the US, with the agreement of our government, conducts wholesale espionage on innocent UK citizens. The two governments, with other western nations, run a wide range of joint intelligence programmes, such as Prism, Echelon, Tempora and XKeyscore. The US National Security Agency (NSA) uses the UK agency GCHQ as a subcontractor.All this is now overseen by Tulsi Gabbard, Trump’s director of national intelligence, in charge of the CIA, NSA and 16 other agencies. After she recited conspiracy fictions seeded by the Syrian and Russian governments, she was widely accused of being a “Russian asset” or a “Russian puppet”. At what point do we conclude that by sharing intelligence with the US, the UK might as well be sharing it with Russia?View image in fullscreenDepending on whose definitions you accept, the US has either 11 or 13 military bases and listening stations in the UK. They include the misnamed RAF Lakenheath in Suffolk, actually a US air force base, from which it deploys F-35 jets; RAF Menwith Hill in North Yorkshire, in reality a US NSA base conducting military espionage and operational support; RAF Croughton, part-operated by the CIA, which allegedly used the base to spy on Angela Merkel among many others; and RAF Fylingdales, part of the US Space Surveillance Network. If the US now sides with Russia against the UK and Europe, these could just as well be Russian bases and listening stations.Then we come to our weapon systems. Like everyone without security clearance, I can make no well-informed statement on the extent to which any of them, nuclear or conventional, are operationally independent of the US. But I know, to give just one example, that among the crucial components of our defence are F-35 stealth jets, designed and patented in the US. How stealthy they will turn out to be, when the US has the specs, the serial numbers and the software, is a question that needs an urgent answer.Nor can I make any confident statement about the extent to which weapons designed here might be dependent on US central processing units and other digital technologies, or on US systems such as Starlink, owned by Musk, or GPS, owned by the US Space Force. Which of our weapons systems could achieve battle-readiness without US involvement and consent? Which could be remotely disabled by the US military? At the very least, the US will know better than any other power how to combat them, because our weapons are more or less the same as theirs. In other words, if the US is now our enemy, the enemy is inside the gate.Much as I hate to admit it, the UK needs to rearm (though cutting the aid budget to find the money, as Keir Starmer intends, is astonishingly shortsighted). I reluctantly came to this conclusion as Trump’s numbers began to stack up last July. But, if they are fatally compromised by US penetration, rearmament might have to begin with the complete abandonment of our existing weapons and communications systems.This may need to start very soon. On 24 February, the UN general assembly voted on a Ukrainian resolution, co-sponsored by the UK and other European nations, condemning Russia’s invasion. Unsurprisingly, Russia, Belarus, North Korea, Hungary and several small and easily cowed states voted against it. But so did the US andIsrael. This, more clearly than any other shift, exposes the new alignment. An axis of autocracy, facilitating an imperial war of aggression, confronts nations committed (albeit to varying degrees) to democracy and international law.For many years, we have been urged to trust the UK’s oppressive “security state”. Yes, this security state is yanked around like a fish on a line by the US government, with such catastrophic outcomes as the US-UK invasion of Iraq. Yes, it is engaged in mass surveillance of its own citizens. But, its defenders have long argued, we should suck all this up because the security state is essential to our defence from hostile foreign actors. In reality, our entanglement, as many of us have long warned, presents a major threat to national security. By tying our defence so closely to the US, our governments have created an insecurity state.I hope you can now see what a terrible mistake the UK has made, and how we should have followed France in creating more independent military and security systems. Disentangling from the US will be difficult and expensive. Failing to do so could carry a far higher price.

      George Monbiot is a Guardian columnist More

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      How to survive the broligarchy: 20 lessons for the post-truth world | Carole Cadwalladr

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      1 When someone tells you who they are, believe them. Last week Donald Trump appointed a director of intelligence who spouts Russian propaganda, a Christian nationalist crusader as secretary of defence, and a secretary of health who is a vaccine sceptic. If Trump was seeking to destroy American democracy, the American state and American values, this is how he’d do it.2 Journalists are first, but everyone else is next. Trump has announced multibillion-dollar lawsuits against “the enemy camp”: newspapers and publishers. His proposed FBI director is on record as wanting to prosecute certain journalists. Journalists, publishers, writers, academics are always in the first wave. Doctors, teachers, accountants will be next. Authoritarianism is as predictable as a Swiss train. It’s already later than you think.3 To name is to understand. This is McMuskism: it’s McCarthyism on steroids, political persecution + Trump + Musk + Silicon Valley surveillance tools. It’s the dawn of a new age of political witch-hunts, where burning at the stake meets data harvesting and online mobs.4 If that sounds scary, it’s because that’s the plan.  Trump’s administration will be incompetent and reckless but individuals will be targeted, institutions will cower, organisations will crumble. Fast. The chilling will be real and immediate.5 You have more power than you think. We’re supposed to feel powerless. That’s the strategy. But we’re not. If you’re a US institution or organisation, form an emergency committee. Bring in experts. Learn from people who have lived under authoritarianism. Ask advice.6 Do not kiss the ring. Do not bend to power. Power will come to you, anyway. Don’t make it easy. Not everyone can stand and fight. But nobody needs to bend the knee until there’s an actual memo to that effect. WAIT FOR THE MEMO.7 Know who you are. This list is a homage to Yale historian, Timothy Snyder. His On Tyranny, published in 2017, is the essential guide to the age of authoritarianism. His first command, “Do not obey in advance”, is what has been ringing, like tinnitus, in my ears ever since the Washington Post refused to endorse Kamala Harris. In some weird celestial stroke of luck, he calls me as I’m writing this and I ask for his updated advice: “Know what you stand for and what you think is good.”8 Protect your private life. The broligarchy doesn’t want you to have one. Read Shoshana Zuboff’s The Age of Surveillance Capitalism: they need to know exactly who you are to sell you more shit. We’re now beyond that. Surveillance Authoritarianism is next. Watch The Lives of Others, the beautifully told film about surveillance in 80s east Berlin. Act as if you are now living in East Germany and Meta/Facebook/Instagram/WhatsApp is the Stasi. It is.9 Throw up the Kool-Aid. You drank it. That’s OK. We all did. But now is the time to stick your fingers down your throat and get that sick tech bro poison out of your system. Phones were – still are – a magic portal into a psychedelic fun house of possibility. They’re also tracking and surveilling you even as you sleep while a Silicon Valley edgelord plots ways to tear up the federal government.10 Listen to women of colour. Everything bad that happened on the internet happened to them first. The history of technology is that it is only when it affects white men that it’s considered a problem. Look at how technology is already being used to profile and target immigrants. Know that you’re next.11 Think of your personal data as nude selfies. A veteran technology journalist told me this in 2017 and it’s never left me. My experience of “discovery” – handing over 40,000 emails, messages, documents to the legal team of the Brexit donor I’d investigated – left me paralysed and terrified. Think what a hostile legal team would make of your message history. This can and will happen.12 Don’t buy the bullshit. A Securities and Exchange judgment found Facebook had lied to two journalists – one of them was me – and Facebook agreed to pay a $100m penalty. If you are a journalist, refuse off the record briefings. Don’t chat on the phone; email. Refuse access interviews. Bullshit exclusives from Goebbels 2.0 will be a stain on your publication for ever.13 Even dickheads love their dogs. Find a way to connect to those you disagree with. “The obvious mistakes of those who find themselves in opposition are to break off relations with those who disagree with you,” texts Vera Krichevskaya, the co-founder of TV Rain, Russia’s last independent TV station. “You cannot allow anger and narrow your circle.”skip past newsletter promotionafter newsletter promotion14 Pay in cash. Ask yourself what an international drug trafficker would do, and do that. They’re not going to the dead drop by Uber or putting 20kg of crack cocaine on a credit card. In the broligarchy, every data point is a weapon. Download Signal, the encrypted messaging app. Turn on disappearing messages.15 Remember. Writer Rebecca Solnit, an essential US liberal voice, emails: “If they try to normalize, let us try to denormalize. Let us hold on to facts, truths, values, norms, arrangements that are going to be under siege. Let us not forget what happened and why.”16 Find allies in unlikely places. One of my most surprising sources of support during my trial(s) was hard-right Brexiter David Davis. Find threads of connection and work from there.17 There is such a thing as truth. There are facts and we can know them. From Tamsin Shaw, professor in philosophy at New York University: “‘Can the sceptic resist the tyrant?’ is one of the oldest questions in political philosophy. We can’t even fully recognise what tyranny is if we let the ruling powers get away with lying to us all.”18 Plan. Silicon Valley doesn’t think in four-year election cycles. Elon Musk isn’t worrying about the midterms. He’s thinking about flying a SpaceX rocket to Mars and raping and pillaging its rare earth minerals before anyone else can get there. We need a 30-year road map out of this.19 Take the piss. Humour is a weapon. Any man who feels the need to build a rocket is not overconfident about his masculinity. Work with that. More

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      US Senate votes to renew Fisa surveillance program

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      The US Senate voted late on Friday night to approve the reauthorization of the controversial Fisa surveillance program, narrowly preventing its midnight expiration.The reauthorization secures what supporters call a key element of the United States’ foreign intelligence-gathering operation.“Democrats and Republicans came together and did the right thing for our country safety,” said Chuck Schumer, the leader of the Democratic majority in the Senate.“We all know one thing: letting Fisa expire would be dangerous. It’s an important part of our national security, to stop acts of terror, drug trafficking and violent extreme extremism.”Fisa has attracted criticism from some Republican and Democratic lawmakers, who argue it violates Americans’ constitutional right to privacy. The bill was blocked three times in the past five months by Republicans in the House of Representatives bucking their party, before passing last week by a 273-147 vote when its duration was shortened from five years to two years.The White House, intelligence chiefs and top lawmakers on the House intelligence committee warned of potentially catastrophic effects of not reauthorizing the program, which was first created in the aftermath of the 9/11 attacks.Although the right to privacy is enshrined in the US constitution, the data of foreign nationals gathered by the program often includes communications with Americans, and can be mined by domestic law enforcement bodies such as the FBI without a warrant.That has alarmed both hardline Republicans and leftwing Democrats. Recent revelations that the FBI used this power to hunt for information about Black Lives Matter protesters, congressional campaign donors and US lawmakers raised further doubts about the program’s integrity. More

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      The US isn’t just reauthorizing its surveillance laws – it’s vastly expanding them | Caitlin Vogus

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      The US House of Representatives agreed to reauthorize a controversial spying law known as Section 702 of the Foreign Intelligence Surveillance Act last Friday without any meaningful reforms, dashing hopes that Congress might finally put a stop to intelligence agencies’ warrantless surveillance of Americans’ emails, text messages and phone calls.The vote not only reauthorized the act, though; it also vastly expanded the surveillance law enforcement can conduct. In a move that Senator Ron Wyden condemned as “terrifying”, the House also doubled down on a surveillance authority that has been used against American protesters, journalists and political donors in a chilling assault on free speech.Section 702 in its current form allows the government to compel communications giants like Google and Verizon to turn over information. An amendment to the bill approved by the House vastly increases the law’s scope. The Turner-Himes amendment – so named for its champions Representatives Mike Turner and Jim Himes – would permit federal law enforcement to also force “any other service provider” with access to communications equipment to hand over data. That means anyone with access to a wifi router, server or even phone – anyone from a landlord to a laundromat – could be required to help the government spy.The Senate is expected to vote on the House bill as soon as this week, and if it passes there, Joe Biden is likely to sign it. All Americans should be terrified by that prospect.Section 702 is supposedly a foreign intelligence tool that allows the US government to surveil the communications of non-US citizens abroad without a warrant. But as many civil liberties groups have pointed out, intelligence agencies like the FBI also use it as a warrantless spying tool against Americans. The FBI abused its authority under the law no fewer than 300,000 times in 2020 and 2021, according to a ruling from a Fisa court judge. In arguing for the reauthorization of Section 702 late last year, Turner, chair of the House intelligence committee, shockingly suggested in a closed-door briefing that the law could be used to spy on Americans protesting against the war in Gaza.It’s not supposed to be that way. In most cases, the fourth amendment requires the government to have a court-approved warrant to obtain an American’s communications. But intelligence agencies have used Section 702 as a loophole that allows them to vacuum up and comb through communications between an American and a foreigner who can be targeted under the law – all without a warrant.The House didn’t just fail to reform Section 702. It voted to grant intelligence agencies expansive new surveillance powers. The Turner-Himes amendment would allow them to deputize ordinary Americans and businesses as government spies. When privacy advocates raised alarms about the Stasi-like powers this would create, lawmakers like Himes brushed them off without a substantive response. The proposed expansion deserves an explanation. The US government has a long history of abusing its existing surveillance powers. It would be naive to think it wouldn’t abuse new ones.While the Turner-Himes amendment lists some business types that are excepted from the requirement to help spy – like dwellings and restaurants – an almost limitless number of entities that provide wifi or just have access to Americans’ devices could be roped into the government’s surveillance operations. Using the wifi in your dentist office, hiring a cleaner who has access to your laptop, or even storing communications equipment in an office you rent could all expose you to increased risk of surveillance.The Turner-Himes amendment would also make it harder to push back on abusive surveillance practices, including those targeting first amendment rights. Take, for example, the surveillance of journalists. Big tech companies may sometimes resist government orders to spy on news outlets. They command armies of lawyers, receive Section 702 orders frequently, and have a commercial incentive to at least appear to care about their customers’ privacy concerns. But what hope could a news organization have that its cleaning crew, for instance, will want to take on the federal government on its behalf?The FBI’s abuses of Section 702 violate Americans’ privacy and often threaten their first amendment rights. A declassified report from 2023, for example, revealed that the FBI had used Section 702 to investigate Black Lives Matter protesters. Section 702 has also been used to spy on American journalists, weakening their first amendment right to report the news by undermining their ability to speak with foreign sources confidentially – something reporters must do frequently.In response to these and other abuses, many reformers argue that Section 702 should be reauthorized only with real reforms that would rein in government spying, such as requiring the government to get a warrant before it can access Americans’ communications. Johnson himself initially attempted to weaken Fisa’s surveillance provisions in an effort to satisfy the hardline rightwingers in his caucus and Donald Trump. He did not succeed. The House voted to reauthorize Section 702 without adding a warrant requirement.The fact that Section 702 has been used so often against the exercise of first amendment rights – including those of journalists – makes it both shocking and inexplicable that so many news outlets continue to support it. The Wall Street Journal, Washington Post and Chicago Tribune have all published editorials in recent days cheering the demise of the warrant requirement and urging Congress to reauthorize the law. But the House vote wasn’t just a reauthorization. It was a drastic, draconian expansion of the government’s surveillance powers.Some of these editorials scoff at Trump’s recent nonsensical social media post criticizing Section 702 and frame the anti-surveillance crowd as a ragtag bunch of fringe rightwingers, ignoring that lawmakers and civil liberties organizations across the political spectrum opposed extending Fisa without reforming it. They also ignore the real threats Section 702 poses to Americans’ privacy rights and first amendment interests, especially if a future administration is determined to surveil and chill its opponents.Thankfully, it’s not too late for the Senate to prevent these future abuses. In the face of the pervasive past misuse of Section 702, the last thing Americans need is a large expansion of government surveillance. The Senate should reject the House bill and refuse to reauthorize Section 702 without a warrant requirement. Lawmakers must demand reforms to put a stop to unjustified government spying on Americans. More

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      What is Fisa, and what does it mean for no-warrant spying?

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      Congress spent the past week in a fractious debate over a major government surveillance program that gives US authorities the ability to monitor vast swaths of emails, text messages and phone calls without a warrant. In a vote on Friday, lawmakers ultimately decided to keep that warrantless surveillance intact and passed a two-year reauthorization of the law, known as section 702 of the Foreign Intelligence Surveillance Act, or Fisa.The law has long been contentious among both progressives and libertarian-leaning conservatives who view it as a violation of privacy rights and civil liberties. Donald Trump has likewise lambasted it out of personal grievance. Its defenders, which include intelligence agencies and Joe Biden’s administration, argue that it is an important tool in stopping terrorist attacks, cybercrime and the international drug trade.What is section 702 of Fisa?Section 702 is a measure added in 2008 to the Foreign Intelligence Surveillance Act, first passed in 1978, which allows authorities, including government agencies such as the NSA and FBI, to collect and monitor communications. More specifically, it gives them the authority to surveil the messaging of foreign citizens outside US soil and to do so without requesting a warrant.Although section 702 was ostensibly intended to be used to monitor foreign terrorist groups and criminal organizations, law enforcement agencies have also used its authority to collect and surveil US citizens’ communications. This is because Americans messaging with people abroad are also liable to have their data accessed, which has led to improper use of the law and allegations from civil liberties groups that it gives authorities a backdoor into warrantless searches.The law emerged from the George W Bush administration’s post-9/11 surveillance policies, adding government oversight to a secret program that had been monitoring foreign communications for years without formalized congressional approval.Why is section 702 so divisive?Section 702 has opponents on both sides of the political spectrum, with its critics especially concerned over the law’s ability to conduct warrantless searches of American citizens’ communications and law enforcement’s tendency to improperly overreach in its use.Under section 702, authorities are only supposed to be able to search databases of communications for US citizens if they believe that the query could yield intelligence on malicious foreign actors or proof of a crime. But between 2020 and early 2021, the FBI improperly used section 702 almost 300,000 times in searches that targeted January 6 suspects, racial justice protesters and other American citizens, according to documents from Fisa court.That misuse gave new life to calls for reforming section 702, potentially including requiring authorities to get a warrant from a judge before accessing US citizens’ communications. Civil liberties groups demanded numerous revisions, including closing loopholes that allowed the government to purchase information on US citizens through third-party data brokers.Donald Trump’s campaign also reignited criticism of section 702, especially among far-right Republicans who tend to operate in lockstep with his pronouncements. The former president demanded that lawmakers “KILL FISA” in a post on Truth Social on Wednesday and accused authorities of using it to spy on his campaign – an apparent reference to an FBI investigation of a former campaign adviser of his that was unrelated to section 702.Defenders of the law argued that there were already adequate provisions for stopping its misuse, and that requiring warrants or killing section 702 entirely would severely limit authorities’ ability to stop terrorist attacks and other crimes. Administration officials and backers of the reauthorization cited numerous US adversaries, from Chinese government spying operations to Islamist extremist groups, as reasons that warrantless surveillance was necessary for stopping urgent threats.What happens to section 702 now?The reauthorization of Fisa on Friday means that the program and warrantless surveillance will be able to continue for at least another two years. An amendment that would have required authorities to get a warrant for searches of US citizens narrowly did not pass, with a House vote ending in a 212-212 tie that resulted in its failure.While the law was originally intended to be renewed for five years, Mike Johnson, the Republican speaker of the house, was forced to seek only a two-year reauthorization to mollify far-right GOP members who threatened to quash the bill entirely. More

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      in US Politics

      House votes to reapprove law allowing warrantless surveillance of US citizens

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      House lawmakers voted on Friday to reauthorize section 702 of the Foreign Intelligence Surveillance Act, or Fisa, including a key measure that allows for warrantless surveillance of Americans. The controversial law allows for far-reaching monitoring of foreign communications, but has also led to the collection of US citizens’ messages and phone calls.Lawmakers voted 273–147 to approve the law, which the Biden administration has for years backed as an important counterterrorism tool. An amendment that would have required authorities seek a warrant failed, in a tied 212-212 vote across party lines.Donald Trump opposed the reauthorization of the bill, posting to his Truth Social platform on Wednesday: “KILL FISA, IT WAS ILLEGALLY USED AGAINST ME, AND MANY OTHERS. THEY SPIED ON MY CAMPAIGN!!!”The law, which gives the government expansive powers to view emails, calls and texts, has long been divisive and resulted in allegations from civil liberties groups that it violates privacy rights. House Republicans were split in the lead-up to vote over whether to reauthorize section 702, the most contentious aspect of the bill, with Mike Johnson, the House speaker, struggling to unify them around a revised version of the pre-existing law.Republicans shot down a procedural vote on Wednesday that would have allowed Johnson to put the bill to a floor vote, in a further blow to the speaker’s ability to find compromise within his party. Following the defeat, the bill was changed from a five-year extension to a two-year extension of section 702 – an effort to appease far-right Republicans who believe Trump will be president by the time it expires.Section 702 allows for government agencies such as the National Security Administration to collect data and monitor the communications of foreign citizens outside of US territory without the need for a warrant, with authorities touting it as a key tool in targeting cybercrime, international drug trafficking and terrorist plots. Since the collection of foreign data can also gather communications between people abroad and those in the US, however, the result of section 702 is that federal law enforcement can also monitor American citizens’ communications.Section 702 has faced opposition before, but it became especially fraught in the past year after court documents revealed that the FBI had improperly used it almost 300,000 times – targeting racial justice protesters, January 6 suspects and others. That overreach emboldened resistance to the law, especially among far-right Republicans who view intelligence services like the FBI as their opponent.Trump’s all-caps post further weakened Johnson’s position. Trump’s online remarks appeared to refer to an FBI investigation into a former campaign adviser of his, which was unrelated to section 702. Other far-right Republicans such as Matt Gaetz similarly vowed to derail the legislation, putting its passage in peril.Meanwhile, the Ohio congressman Mike Turner, Republican chair of the House Intelligence Committee, told lawmakers on Friday that failing to reauthorize the bill would be a gift to China’s government spying programs, as well as Hamas and Hezbollah.“We will be blind as they try to recruit people for terrorist attacks in the United States,” Turner said on Friday on the House floor. The California Democratic representative and former speaker Nancy Pelosi also gave a statement in support of passing section 702 with its warrantless surveillance abilities intact, urging lawmakers to vote against an amendment that would weaken its reach.“I don’t have the time right now, but if members want to know I’ll tell you how we could have been saved from 9/11 if we didn’t have to have the additional warrants,” Pelosi said.Debate over Section 702 pitted Republicans who alleged that the law was a tool for spying on American citizens against others in the GOP who sided with intelligence officials and deemed it a necessary measure to stop foreign terrorist groups. One proposed amendment called for requiring authorities to secure a warrant before using section 702 to view US citizens’ communications, an idea that intelligence officials oppose as limiting their ability to act quickly. Another sticking point in the debate was whether law enforcement should be prohibited from buying information on American citizens from data broker firms, which amass and sell personal data on tens of millions of people, including phone numbers and email addresses.Section 702 dates back to the George W Bush administration, which secretly ran warrantless wiretapping and surveillance programs in the aftermath of the 9/11 terror attacks. In 2008, Congress passed section 702 as part of the Fisa Amendments Act and put foreign surveillance under more formal government oversight. Lawmakers have renewed the law twice since, including in 2018 when they rejected an amendment that would have required authorities to get warrants for US citizens’ data.Last year Merrick Garland, the attorney general, and Avril Haines, director of national intelligence, sent a letter to congressional leaders telling them to reauthorize section 702. They claimed that intelligence gained from it resulted in numerous plots against the US being foiled, and that it was partly responsible for facilitating the drone strike that killed the al-Qaida leader, Ayman al-Zawahiri, in 2022. More

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      in Elections

      FBI broke own rules in January 6 and BLM intelligence search, court finds

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      FBI officials repeatedly violated their own standards when they searched a vast repository of foreign intelligence for information related to the January 6 insurrection and racial justice protests in 2020, according court order released Friday.FBI officials said the thousands of violations, which also include improper searches of donors to a congressional campaign, predated a series of corrective measures that started in the summer of 2021 and continued last year. But the problems could nonetheless complicate FBI and justice department efforts to receive congressional reauthorization of a warrantless surveillance program that law enforcement officials say is needed to counter terrorism, espionage and international cybercrime.The violations were detailed in a secret court order issued last year by the foreign intelligence surveillance (Fisa) court, which has legal oversight of the US government’s spy powers. The Office of the Director of the National Intelligence released a heavily redacted version on Friday in what officials said was the interest of transparency.“Today’s disclosures underscore the need for Congress to rein in the FBI’s egregious abuses of this law, including warrantless searches using the names of people who donated to a congressional candidate,” said Patrick Toomey, deputy director of the ACLU’s National Security Project.“These unlawful searches undermine our core constitutional rights and threaten the bedrock of our democracy. It’s clear the FBI can’t be left to police itself.”At issue are improper queries of foreign intelligence information collected under section 702 of the Foreign Intelligence Surveillance Act, which enables the government to gather the communications of targeted foreigners outside the US.That program, which is set to expire at the end of the year, creates a database of intelligence that US agencies can search. FBI searches must have a foreign intelligence purpose or be aimed at finding evidence of a crime. But congressional critics of the program have long raised alarm about what they say are unjustified searches of the database for information about Americans, along with more general concerns about surveillance abuses.Such criticism has aligned staunch liberal defenders of civil liberties with supporters of Donald Trump, who have seized on FBI surveillance errors during an investigation into his 2016 campaign. The issue has flared as the Republican-led House has been targeting the FBI, creating a committee to investigate the “weaponization” of government.In repeated episodes disclosed on Friday, the FBI’s own standards were not followed. The April 2022 order, for instances, details how the FBI queried the section 702 repository using the name of someone who was believed to have been at the Capitol during the January 6 6 riot. Officials obtained the information despite it not having any “analytical, investigative or evidentiary purpose”, the order said.The court order also says that an FBI analyst ran 13 queries of people suspected of being involved in the Capitol riot to determine if they had any foreign ties, but the justice department later determined that the searches were not likely to find foreign intelligence information or evidence of a crime.Other violations occurred when FBI officials in June 2020 ran searches related to more than 100 people arrested in connection with civil unrest and racial justice protests that had occurred in the US over the preceding weeks. The order says the FBI had maintained that the queries were likely to return foreign intelligence, though the reasons given for that assessment are mostly redacted.In addition, the FBI conducted what’s known as a batch query for 19,000 donors to an unnamed congressional campaign. An analyst doing the search cited concern that the campaign was a target of foreign influence, but the justice department said only “eight identifiers used in the query had sufficient ties to foreign influence activities to comply with the querying standard”.Officials said the case involved a candidate who ran unsuccessfully and is not a sitting member of Congress, and is unrelated to an episode described in March by congressman Darin LaHood, an Illinois Republican, who accused the FBI of wrongly searching for his name in foreign surveillance data.Senior FBI officials, speaking on condition of anonymity to reporters under ground rules set by the government, attributed the majority of the violations to confusion among the workforce and a lack of common understanding about the querying standards.They said the bureau has made significant changes since then, including mandating training and overhauling its computer system so that FBI officials must now enter a justification for the search in their own words than relying on a drop-down menu with pre-populated options.One of the officials said an internal audit of a representative sample of searches showed an increased compliance rate from 82% before the reforms were implemented to 96% afterward. 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