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6th March    Not Properly Protected...



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Germany's comms data collection must be deleted

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Germany flagGermany's High Court has told police and secret services that they must stop storing email and telephone data and delete information already collected.

The storage of six months' worth of German comms data for police and anti-terrorism purposes was required by a European Union directive.

Opponents of the snooping measure hoped the court would rule the law was unconstitutional, but instead the court found that data was not properly protected and that authorities were not sufficiently clear as to why they needed it.

The court also ruled that Germany's data protection commissioner should be involved in how the data was dealt with.

The case was sparked by a record number of complaints - 35,000 people including Germany's Justice Minister Sabine Leutheusser-Schnarrenberger. East Germany was famously one of the world's most-spied upon nations, and it seems some kind of a backlash is now in progress.

 

3rd March    More Surveillance Tools...


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Britain working on nationwide radar system using network of mobile phone masts

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radarSecret radar technology research that will allow the biggest-ever extension of Big Brother'-style surveillance in the UK is being funded by the Government.

The radical new system, which has outraged civil liberties groups, uses mobile phone masts to allow security authorities to watch vehicles and individuals 'in real time almost anywhere in Britain.

The technology sees the shapes made when radio waves emitted by mobile phone masts meet an obstruction. Signals bounced back by immobile objects, such as walls or trees, are filtered out by the receiver. This allows anything moving, such as cars or people, to be tracked. Previously, radar needed massive fixed equipment to work and transmissions from mobile phone masts were thought too weak to be useful.

By using receivers attached to mobile phone masts, users of the new technology could focus in on areas hundreds of miles away and bring up a display showing any moving vehicles and people.

An individual with one type of receiver, a portable unit little bigger than a laptop computer, could even use it as a personal radar covering the area around the user. Researchers are working to give the new equipment X-ray vision - the capability to see through walls and look into people's homes.

Ministry of Defence officials are hoping to introduce the system as soon as resources allow. Police and security services are known to be interested in a variety of possible surveillance applications. The researchers themselves say the system, known as Celldar, is aimed at anti-terrorism defence, security and road traffic management.

The system, used alongside technology which allows individuals to be identified by their mobile phone handsets, will mean that individuals can be located and their movements watched on a screen from hundreds of miles away.

After a series of meetings with Roke Manor, a private research company in Romsey, Hants, MoD officials have started funding the multi-million pound project. Reports of the meetings are classified.

Like all instrusive surveillance, we need to be sure that it is properly regulated, preferably by the judiciary, said Roger Bingham of Liberty. Bingham expressed concerns that the new equipment, which would be virtually undetectable, could be used by private detectives or others for personal or commercial gain.

 

28th February  Update:  Phorming a Case...

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CPS considering mounting a prosecution of BT for their secret phorm trials

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 full story: Bad Phorm...ISPs to serve adverts determined from monitoring browsing

Crown Prosecution ServiceThe Crown Prosecution Service has revealed that it is working with a top barrister on a potential criminal case against BT over its secret trials of Phorm's targeted advertising system.

BT had covertly intercepted and profiled the web browsing habits of tens of thousands of its customers, the CPS told campaigners this week that it is still investigating the affair.

The Crown Prosecution Service is working hard to review the evidence in this legally and factually complex matter, a spokeswoman said.

Campaigners gave prosecutors a file of evidence, including a copy of BT's detailed internal report on a trial of Phorm's technology in 2006, obtained by The Register. The experiment monitored 18,000 broadband lines without customers' knowledge or consent.

This week the CPS said: We are currently awaiting advice from a senior barrister which we will review before coming to a conclusion. We are giving the matter meticulous attention and will reach a proper and considered decision as soon as it is possible for us to do so.

The main law BT is alleged to have broken is the Regulation of Investigatory Powers Act (RIPA). It restricts the interception of communications.

 

23rd February  Update:  Loners to be Banned from Working with Kids...
 
'Better safe than sorry' guidelines at the vetting agency

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 full story: Vetting...UK vets all adults to work with kids

Independent Safeguarding Authority logoPeople could be banned from working with children because of their attitudes or lifestyles.

Workers judged to be loners or to have a chaotic home life could be barred from working with vulnerable people, even though there is no evidence that they pose a risk, according to guidelines from the Government's new vetting agency.

Decisions about staff will be taken by officials who have never met them, based on details passed on by their employers.

Experts claimed that the Big Brother approach meant innocent people could have their careers wrecked on the basis of cruel rumours or ill-informed moral judgements.

The row is the latest controversy to hit the Independent Safeguarding Authority (ISA), which was set up to vet millions of people working with vulnerable people.

Guidance seen by The Sunday Telegraph, which has been given to more than 100 case workers at the ISA reveals that those referred could be permanently blocked from work if aspects of their home life or attitudes are judged to be unsatisfactory.

It says case workers should be minded to bar cases referred to them if they feel definite concerns about at least two aspects of their life, which are specified in the document.

It means, for example, that if a teaching assistant was believed to be unable to sustain emotionally intimate relationships and also had a chaotic, unstable lifestyle they could be barred from ever working with children. If a nurse was judged to suffer from severe emotional loneliness and believed to have poor coping skills their career could also be ended. ISA's case workers are expected to establish the person's relationship history and emotional state based on the file passed on by their employer.

Psychologists, professional regulators and health and teaching unions last night expressed horror over the guidance. Harry Cayton, chief executive of the Council for Healthcare Regulatory Excellence, which oversees Britain's nine health regulators, said: My concern is that judgements are being made not on the basis of facts but on opinion and third party perceptions.

Chris Grayling, the shadow home secretary, said: This Government is creating a society where everyone is treated as guilty unless they are proved to be innocent. These changes contravene any principles of natural justice and will destroy the lives of decent innocent people. Gordon Brown is creating Government by thought police.

Adrian McAllister chief executive of ISA said no one would be barred purely on the basis of their lifestyle or attitude, given that all referrals had to identify either harm done, or a future risk of harm. He said: One of the understandable concerns we have heard from people is that they could be barred for private interests like pornography, or liking a drink. That isn't the case. We only look at these risk factors if relevant conduct [actual harm] or a risk of harm has been identified.

The organisation was unable to explain the reasoning behind its instruction to staff that definite concerns in two areas should be sufficient to be minded to bar staff. It would only say that the protocol follows advice from a forensic psychologist.

 

22nd February  Update:  Beware of Council Workers...
 
Edinburgh trains workers to snitch on anything unusual they see in people's houses

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StasiEdinburgh City Council has begun sending staff on courses designed to train them to look out for anything that might resemble terrorist activity.

According to the Edinburgh Evening News:

Staff sources say that the sessions have included being told how to spot anything suspicious, and being asked to report anything – no matter how trivial – to police, such as quantities of empty bottles of bleach.

Support workers who visit a range of clients in their own home including vulnerable groups, people with addictions and elderly people, have been among the first to get the training.

Concierges, community safety teams and other front-line staff across the council are also to be sent on the sessions, which are hosted by police as part of the Home Office's counter-terrorism strategy.

This is disgraceful fear-mongering that erodes trust in society and encourages spying, snooping and suspicion. A sad state of affairs.

 

21st February    Snoop On...
 
Bulgarian parliament passes comms snooping law

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Bulgaria flagBulgaria's Parliament has approved the second reading of amendments to the Electronic Communications Act,.

At the proposal of opposition parties and the Blue Coalition, the amendments were revised to include only serious crimes carrying a minimum jail sentence of five years, and computer crimes, Bulgarian-language daily Dnevnik said.

From now on, mobile phone and internet operators will have to supply requested communication data within 72 hours and not, as Interior Minister Tsvetan Tsvetanov wanted, in two hours. The Interior Minister, or his representative, would have the right to set a different deadline, shorter or longer, in exceptional cases and depending on the severity of the case.

Personal communication data that had been accessed by the Interior Ministry would have to be kept for six months, after which the data was to be destroyed if it was not used in a court case or investigation.

A parliamentary committee was to oversee the procedures under which personal data was requested and accessed, and ensure that civil rights were protected. The Commission for Personal Data Protection (CPDP) would report annually to Parliament and to the European Commission.

The accepted amendments would also make operators responsible for upgrading of the wiretapping interface and to keep up with new technology, Dnevnik said.

 

8th February    Eve on Speed...
 
US law enforcement agencies push for quicker responses to email snooping requests

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Big BrotherAnyone with an e-mail account likely knows that police can peek inside it if they have a paper search warrant. But law enforcement agencies say they are frustrated by the speed of traditional methods of faxing, mailing, or e-mailing companies these documents. They're pushing for the creation of a national Web interface linking police computers with those of Internet and e-mail providers so requests can be sent and received electronically.

CNET has reviewed a survey scheduled to be released at a federal task force meeting, which says that law enforcement agencies are virtually unanimous in calling for such an interface to be created.

The survey, according to two people with knowledge of the situation, is part of a broader push from law enforcement agencies to alter the ground rules of online investigations. Other components include renewed calls for laws requiring Internet companies to store data about their users for up to five years and increased pressure on companies to respond to police inquiries in hours instead of days.

But the most controversial element is probably the private Web interface, which raises novel security and privacy concerns, especially in the wake of a recent inspector general's report [pdf] from the Justice Department. The report detailed how the FBI obtained Americans' telephone records by citing nonexistent emergencies and simply asking for the data or writing phone numbers on a sticky note rather than following procedures required by law.

Some companies already have police-only Web interfaces. Sprint Nextel operates what it calls the L-Site, also known as the legal compliance secure Web portal.

Hemanshu Nigam, MySpace's chief security officer, said in an interview with CNET: You can be very supportive of law enforcement investigations and at the same time be very cognizant and supportive of the privacy rights of our users. Every time a legal process comes in, whether it's a subpoena or a search order, we do a legal review to make sure it's appropriate.

Nigam said that MySpace accepts law enforcement requests through e-mail, fax, and postal mail, and that it has a 24-hour operations center that tries to respond to requests soon after they've been reviewed to make sure state and federal laws are being followed. MySpace does not have a police-only Web interface, he said.

Creating a national police-only network would be problematic, Nigam said. I wish I knew the number of local police agencies in the country, or even police officers in the country, he said. Right there that would tell you how difficult it would be to implement, even though ideally it would be a good thing.


 

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