Crime

Who's Making All Those Scam Calls? (nytimes.com) 150

Every year, tens of millions of Americans collectively lose billions of dollars to scam callers. Where does the other end of the line lead? From a report: I flew to India at the end of 2019 hoping to visit some of the call centers that L. had identified as homes for scams. Although he had detected many tech-support scams originating from Delhi, Hyderabad and other Indian cities, L. was convinced that Kolkata -- based on the volume of activity he was noticing there -- had emerged as a capital of such frauds. I knew the city well, having covered the crime beat there for an English-language daily in the mid-1990s, and so I figured that my chances of tracking down scammers would be better there than most other places in India. I took with me, in my notebook, a couple of addresses that L. identified in the days just before my trip as possible origins for some scam calls. Because the geolocation of I.P. addresses -- ascertaining the geographical coordinates associated with an internet connection -- isn't an exact science, I wasn't certain that they would yield any scammers.

But I did have the identity of a person linked to one of these spots, a young man whose first name is Shahbaz. L. identified him by matching webcam images and several government-issued IDs found on his computer. The home address on his ID matched what L. determined, from the I.P. address, to be the site of the call center where he operated, which suggested that the call center was located where he lived or close by. That made me optimistic I would find him there. In a recording of a call Shahbaz made in November, weeks before my Kolkata visit, I heard him trying to hustle a woman in Ottawa and successfully intimidating and then fleecing an elderly man in the United States.

Privacy

Apple's Tim Cook Criticizes Social Media Practices, Intensifying Facebook Conflict (reuters.com) 42

Apple Chief Executive Officer Tim Cook on Thursday criticized polarization and misinformation on social media, intensifying a conflict between the iPhone maker and Facebook. From a report: In remarks delivered at the Computers, Privacy and Data Protection conference, Cook critiqued apps that he argued collect too much personal information and prioritize "conspiracy theories and violent incitement simply because of their high rates of engagement." "At a moment of rampant disinformation and conspiracy theories juiced by algorithms, we can no longer turn a blind eye to a theory of technology that says all engagement is good engagement -- the longer the better -- and all with the goal of collecting as much data as possible," Cook said.

He did not name Facebook, but the two companies have been in a high-profile dispute. Apple is preparing to implement privacy notifications that many in the digital advertising industry believe will cause some users to decline to allow the use of ad-targeting tools. Facebook has accused Apple of anticompetitive conduct because Apple has a growing catalog of paid apps and its own digital advertising business. Facebook Chief Executive Mark Zuckerberg on Wednesday said Apple has "every incentive to use their dominant platform position to interfere with how our apps and other apps work." Cook on Thursday criticized social media practices that he said undermine public trust in vaccines and encourage users to join extremist groups.

Patents

New Spotify Patent Involves Monitoring Users' Speech To Recommend Music (pitchfork.com) 39

Spotify has been granted a patent with technology that aims to use recordings of users' speech and background noise to determine what kind of music to curate and recommend to them. The company filed for the patent in 2018; it was approved on January 12, 2021. From a report: The patent outlines potential uses of technology that involves the extraction of "intonation, stress, rhythm, and the likes of units of speech" from the user's voice. The tech could also use speech recognition to identify metadata points such as emotional state, gender, age, accent, and even environment -- i.e., whether someone is alone, or with other people -- based on audio recording.
The Courts

Robinhood Hit with Class Action After Blocking GameStop Trades (vice.com) 216

Robinhood is already facing a class action lawsuit after the microtrading platform deliberately blocked users from trading GameStop stock as the stock catapulted in value. From a report: The news shows some nearly immediate impact to Robinhood after the snap decision. "Robinhood purposefully, willfully, and knowingly removing the stock 'GME' from its trading platform in the midst of an unprecedented stock thereby deprived retail investors of the ability to invest in the open-market and manipulating the open-market," the class action complaint reads. Fox Business journalist Lydia Moynihan tweeted news of the class action earlier on Wednesday.
Encryption

ProtonMail, Threema, Tresorit and Tutanota Warn EU Lawmakers Over 'Anti-Encryption' Push (techcrunch.com) 46

Four European apps which secure user data via end-to-end encryption, ProtonMail, Threema, Tresorit and Tutanota, have issued a joint-statement warning over recent moves by EU institutions that they say are setting lawmakers on a dangerous path to backdooring encryption. From a report: Last month the EU Council passed a resolution on encryption that's riven with contradiction -- calling for "security through encryption and security despite encryption" -- which the four e2e app makers believe is a thinly veiled call to backdoor encryption. The European Commission has also talked about seeking "improved access" to encrypted information, writing in a wide-ranging counter-terrorism agenda also published in December that it will "work with Member States to identify possible legal, operational, and technical solutions for lawful access." Simultaneously, the Commission has said it will "promote an approach which both maintains the effectiveness of encryption in protecting privacy and security of communications, while providing an effective response to crime and terrorism." And it has made it clear there will be no 'one silver bullet' as regards the e2e encryption security 'challenge.' But such caveats are doing nothing to alleviate the concerns of e2e encrypted app makers -- who are convinced proposals from the Council of the EU, which is involved in adopting the bloc's laws (though the Commission usually drafts legislation), sums to an push toward backdoors.

"While it's not explicitly stated in the resolution, it's widely understood that the proposal seeks to allow law enforcement access to encrypted platforms via backdoors," the four app makers write, going on to warn that such a move would fatally underline the security EU institutions also claim to want to maintain. "The resolution makes a fundamental misunderstanding: Encryption is an absolute, data is either encrypted or it isn't, users have privacy or they don't," they go on. "The desire to give law enforcement more tools to fight crime is obviously understandable. But the proposals are the digital equivalent of giving law enforcement a key to every citizen's home and might begin a slippery slope towards greater violations of personal privacy."

Businesses

Facebook Looks To Take its Fight With Apple To Court (theinformation.com) 83

A long-simmering public dispute between Facebook and Apple has neared a boiling point. The Information: With the aid of outside legal counsel, Facebook for months has been preparing an antitrust lawsuit against Apple that would allege the iPhone-maker abused its power in the smartphone market by forcing app developers to abide by App Store rules that Apple's own apps don't have to follow, according to two people with direct knowledge of Facebook's efforts. The legal preparations by Facebook signal that the feud between the companies could further escalate, though ultimately Facebook may decide not to file a suit. Its executives are facing internal resistance from some employees over its public campaign against Apple, a fight that recently has centered on a change to iPhone software that will make it harder for Facebook and its advertisers to track people across apps.

Now Facebook CEO Mark Zuckerberg is attempting to build a broad legal case arguing that Apple's rules for app developers -- which force them to use Apple's in-app payment service, for instance -- make it harder to compete against Apple in areas such as gaming, messaging and shopping. While Facebook could seek monetary damages in a lawsuit, the more meaningful outcome for the company and every other app developer would be material changes to Apple's iPhone restrictions. A similar antitrust case against Apple filed last fall by game maker Epic also seeks changes to Apple's business model rather than monetary damages. Facebook has considered inviting other companies to participate in its prospective lawsuit against Apple, said three people with knowledge of the talks.

Crime

Police Dismantle World's 'Most Dangerous' Criminal Hacking Network (reuters.com) 31

International law enforcement agencies said on Wednesday they had dismantled a criminal hacking scheme used to steal billions of dollars from businesses and private citizens worldwide. Reuters reports: Police in six European countries, as well as Canada and the United States, completed a joint operation to take control of Internet servers used to run and control a malware network known as "Emotet," authorities said in a statement. "Emotet is currently seen as the most dangerous malware globally," Germany's BKA federal police agency said in a statement. "The smashing of the Emotet infrastructure is a significant blow against international organized Internet crime."

German police said infections with Emotet had caused at least 14.5 million euros ($17.56 million) of damage in their country. Globally, Emotet-linked damages cost about $2.5 billion, Ukrainian authorities said. Ukraine's General Prosecutor said police had carried out raids in the eastern city of Kharkiv to seize computers used by the hackers. Authorities released photos showing piles of bank cards, cash and a room festooned with tangled computer equipment, but did not say if any arrests were made.

Windows

iCloud For Windows Gaining Support For iCloud Passwords Chrome Extension (macrumors.com) 6

Apple yesterday released a new version of iCloud for Windows 10, and based on multiple reports and the update's release notes, it appears Apple is introducing an iCloud Passwords extension designed for Chrome, which will allow "iCloud" Keychain passwords to be used on Windows machines. MacRumors reports: As noted by The 8-Bit and a few other sources, the update adds support for an "iCloud" Passwords Chrome extension." After installing version 12 of "iCloud" for Windows, there's a new "Passwords" section in the app with an "iCloud" Keychain logo. When attempting to use the feature, though, the "iCloud" app prompts users to download a Chrome extension, but the extension is broken and clicking to install leads to a broken web page.

This is likely a bug that will be addressed in the near future, and it sounds like when it is functional, Windows users will be able to access their "iCloud" Keychain passwords on their Windows machines through the Chrome browser. It's not clear if Apple will offer this extension for Mac machines in the future as well, and it appears to be limited to Windows at this time.

Bitcoin

Miami Uploads Bitcoin White Paper To Municipal Website (yahoo.com) 50

The city of Miami on Wednesday uploaded a copy of the Bitcoin white paper to its municipal website, joining a growing chorus of governments and companies now hosting bitcoin's original blueprint. From a report: Mayor Francis Suarez emphasized his commitment to "turn Miami into a hub for crypto innovation" in his tweet announcing the upload. He's been pumping the U.S. city's potential as a landing ground for California tech expats for weeks on social media. Miami is the "first municipal government to host Satoshi's white paper," Suarez asserted. Also see: Twitter thread on who else is participating.
The Internet

Biden's Commerce Nominee Backs Changes To Section 230 (theverge.com) 178

An anonymous reader quotes a report from The Verge: In a hearing on her nomination for Commerce Department secretary on Tuesday, Rhode Island Governor Gina Raimondo told lawmakers that she will pursue changes to Section 230 if confirmed. Responding to questions posed by Sen. Ron Johnson (R-WI), Raimondo said that she would use the tools available through the Commerce Department's National Telecommunications and Information Administration (NTIA) to convene stakeholders, industry leaders, lawmakers and others to identify the means of reform to the pivotal internet law.

"I think platform accountability is important because I've seen in my own state that misinformation hurts people," Raimondo said. "But of course, that reform would have to be balanced against the fact that these businesses rely upon user-generated content for their innovation, and they've created many thousands of jobs." [...] It's unclear how the Biden administration plans to address Section 230 concerns, but Raimondo's comments offer some insight into what could come in the future. In an interview with The New York Times last year, Biden said that the law should be "revoked." Once Trump signed his social media order, a Biden campaign spokesperson told The Verge that he still wanted to repeal the law but disagreed with the former president's executive order.

When it comes to addressing monopoly power in the tech industry, Raimondo said she would leave those decisions up to Congress and the Federal Trade Commission. Still, Raimondo told Johnson, "I believe in competition and innovation and as it relates to social media companies, I think they need to be held accountable for what they put on their platform. "We have to hold these companies accountable," Raimondo said.

Google

Google Says It May Have Found a Privacy-Friendly Substitute To Cookies (axios.com) 158

Google says its new machine learning algorithms could replace cookie-based ad targeting without invading your privacy. Axios reports: Google has been testing a new API (a software interface) called Federated Learning of Cohorts (FLoC) that acts as an effective replacement signal for third-party cookies. The API exists as a browser extension within Google Chrome. The company said Monday that tests of FLoC to reach audiences show that advertisers can expect to see at least 95% of the conversions per dollar spent on ads when compared to cookie-based advertising. FLoC uses machine learning algorithms to analyze user data and then create a group of thousands of people based off of the sites that an individual visits. The data gathered locally from the browser is never shared. Instead, the data from the much wider cohort of thousands of people is shared, and that is then used to target ads.

It's a big deal that Google says it's close to coming up with a technology that will replace cookies, because one of the toughest parts of phasing cookies out of internet ad-targeting is that there hasn't been a great solution for what to replace them with. [...] Google has other proposals to replace cookies in the works, so it's not guaranteed that FLoC will be the answer, but the company said it's highly encouraged by what it has seen so far.

Privacy

Hacker Leaks Data of 2.28 Million Dating Site Users 25

An anonymous reader quotes a report from ZDNet: A well-known hacker has leaked the details of more than 2.28 million users registered on MeetMindful.com, a dating website founded in 2014, ZDNet has learned this week from a security researcher. The dating site's data has been shared as a free download on a publicly accessible hacking forum known for its trade in hacked databases. The leaked data, a 1.2 GB file, appears to be a dump of the site's users database.

The content of this file includes a wealth of information that users provided when they set up profiles on the MeetMindful site and mobile apps. Some of the most sensitive data points included in the file include: Real names; Email addresses; City, state, and ZIP details; Body details; Dating preferences; Marital status; Birth dates; Latitude and longitude; IP addresses; Bcrypt-hashed account passwords; Facebook user IDs; and Facebook authentication tokens. Messages exchanged by users were not included in the leaked file; however, this does not make the entire incident less sensitive.
The data leak, which is still available for download, was released by a threat actor who goes by the name of ShinyHunters. They also were responsible for leaking the details of millions of users registered on Teespring.
Crime

Dutch COVID-19 Patient Data Sold on the Criminal Underground (zdnet.com) 9

Dutch police arrested two individuals late last week for allegedly selling data from the Dutch health ministry's COVID-19 systems on the criminal underground. From a report: The arrests came after an investigation by RTL Nieuws reporter Daniel Verlaan who discovered ads for Dutch citizen data online, advertised on instant messaging apps like Telegram, Snapchat, and Wickr. The ads consisted of photos of computer screens listing data of one or more Dutch citizens. The reporter said he tracked down the screengrabs to two IT systems used by the Dutch Municipal Health Service (GGD) -- namely CoronIT, which contains details about Dutch citizens who took a COVID-19 test, and HPzone Light, one of the DDG's contact-tracing systems. Verlaan said the data had been sold online for months for prices ranging from $36 to $60 per person. Buyers would receive details such as home addresses, emails, telephone numbers, dates of birth, and a person's BSN identifier (Dutch social security number).
Facebook

Does Facebook Have a Joe Biden Problem? (bbc.com) 401

Last week the Democratic party took control of all three branches of the U.S. government — and the BBC's North America technology reporter notes they dislike Facebook even more now than during the Cambridge Analytica scandal: Since then, Democrats — Joe Biden included — have been appalled by what Facebook has allowed on its platform. Talking to a CNN anchor in late 2019 Joe Biden said, "You can't do what they can do on Facebook, and say anything at all, and not acknowledge when you know something is fundamentally not true. I just think it's all out of hand." When you're a billionaire, perhaps it doesn't matter that the president doesn't like you much. But what President Biden has a chance to do now is restructure Big Tech and reformulate the relationship that social media companies have with their users.

That could be devastating for Facebook.

Its most obvious problem is the potential repealing of Section 230... Joe Biden has said he wants it removed. In fact, in that same New York Times interview from a year ago he said he wanted it "revoked immediately". That could spell disaster for Zuckerberg. Suddenly all the things people post, all of the defamatory and fraudulent things people say — would be the responsibility of Facebook. It's hard to see how Facebook functions in its current form without Section 230.

And that's before we get into Facebook's anti-trust problems. It's currently being sued by the Federal Trade Commission (FTC) and 46 states for "illegally maintaining its monopoly position" by buying up the competition. The FTC has also said it's looking at "unwinding Facebook's prior acquisitions of Instagram and WhatsApp" — i.e. breaking the firm up. Facebook will, of course, fight that. But Biden seems a pretty willing ally to those who want to split up Big Tech. In 2019, he said that breaking up companies such as Facebook was "something we should take a really hard look at".

Jameel Jaffer, a media legal expert at Columbia University, told me: "I would expect the Biden administration to be pretty aggressive in enforcing the anti-trust laws. And to have the whole spectrum of harms in mind, not just the democratic harms, but harms relating to user privacy and consumer welfare."

President Biden is even reportedly thinking of creating an anti-trust tsar, designed specifically to restore competition in areas like Big Tech.

The Almighty Buck

Andrew Yang Proposes a Local Currency, Sees Growing Support for Universal Basic Income (newyorker.com) 196

In March Andrew Yang's nonprofit gave $1,000 one-time grants to a thousand residents in the Bronx. This week a new article in the New Yorker asks one of those grant recipients how they feel about Yang's newest proposal as he runs to be New York's mayor: to give the city's public-housing residents billions of dollars in a "Borough Bucks" currency that would hopefully recirculate in the community: "I was like, you know, am I the only person here that would love to live in a society where we can actually barter our talents and skills, instead of depending on this economy that's not working for us?"

Yang made a similar point when I asked him about the origins of the Borough Bucks proposal. "If you're going to invest resources in a community, your preference is that the resources circulate within the community, particularly if you can serve multiple goals," he said. "They're just imaginative ways for communities to unlock resources."

The article also notes that in an earlier run for the U.S. presidency, "his pitch was that the economy needed to be modernized to account for automation and other technological advances. In his mayoral run, his pitch is that New York City should become the 'anti-poverty' city." But they explored the larger question of whether Yang sees a growing acceptance for universal basic incomes: I asked Yang about the debate, now happening in Congress, about whether Biden should push for fourteen-hundred-dollar stimulus checks in the next bailout package, or two-thousand-dollar checks, or two thousand dollars a month until the economy rebounds. Yang said that he favored the last proposal.

I asked him how he felt about the fact that even as other candidates in the race were attacking him, several — Eric Adams, the former nonprofit executive Dianne Morales, and the City Council member Carlos Menchaca — had expressed interest in the U.B.I. policies he had championed. "I would love to check out their plans," Yang said. "It's an idea whose time has come. I'm certainly very proud to have contributed to the idea's popularity, but anyone who wants to adapt a version of it, like, fantastic."

Government

Ransomware Attackers Try Publishing 4,000 Scottish Government Agency Files (threatpost.com) 34

Threatpost reports: On the heels of a ransomware attack against the Scottish Environmental Protection Agency (SEPA), attackers have now reportedly published more than 4,000 files stolen from the agency — including contracts and strategy documents.

After hitting SEPA on Christmas Eve with the attack, cybercriminals encrypted 1.2GB of information. The attack has affected SEPA's email systems, which remain offline as of Thursday, according to the agency. However, SEPA, which is Scotland's environmental regulator, stressed on Thursday that it will not "engage" with the cybercriminals. "We've been clear that we won't use public finance to pay serious and organized criminals intent on disrupting public services and extorting public funds," said SEPA chief executive Terry A'Hearn in a statement... SEPA's email and other systems remain down, and "what is now clear is that with infected systems isolated, recovery may take a significant period," according to the agency in its update. "A number of SEPA systems will remain badly affected for some time, with new systems required..."

The incident also points to ransomware actors evolving from previously destroying critical data or bringing companies' services and operations to a standstill, to now threatening to disclose sensitive data publicly, Joseph Carson, chief security scientist and Advisory CISO at Thycotic told Threatpost.

Crime

New Site Extracts and Posts Every Face from Parler's Capitol Hill Insurrection Videos (arstechnica.com) 433

"Late last week, a website called Faces of the Riot appeared online, showing nothing but a vast grid of more than 6,000 images of faces, each one tagged only with a string of characters associated with the Parler video in which it appeared," reports WIRED, saying the site raises clear privacy concerns: The site's creator tells WIRED that he used simple, open source machine-learning and facial recognition software to detect, extract, and deduplicate every face from the 827 videos that were posted to Parler from inside and outside the Capitol building on January 6, the day when radicalized Trump supporters stormed the building in a riot that resulted in five people's deaths. The creator of Faces of the Riot says his goal is to allow anyone to easily sort through the faces pulled from those videos to identify someone they may know, or recognize who took part in the mob, or even to reference the collected faces against FBI wanted posters and send a tip to law enforcement if they spot someone... "It's entirely possible that a lot of people who were on this website now will face real-life consequences for their actions...."

A recent upgrade to the site adds hyperlinks from faces to the video source, so that visitors can click on any face and see what the person was filmed doing on Parler. The Faces of the Riot creator, who says he's a college student in the "greater DC area," intends that added feature to help contextualize every face's inclusion on the site and differentiate between bystanders, peaceful protesters, and violent insurrectionists. He concedes that he and a co-creator are still working to scrub "non-rioter" faces, including those of police and press who were present. A message at the top of the site also warns against vigilante investigations, instead suggesting users report those they recognize to the FBI, with a link to an FBI tip page....

McDonald has previously both criticized the power of facial recognition technology and himself implemented facial recognition projects like ICEspy, a tool he launched in 2018 for identifying agents of the Immigration and Customs Enforcement agency... He sees Faces of the Riot as "playing it really safe" compared even to his own facial recognition experiments, given that it doesn't seek to link faces with named identities. "And I think it's a good call because I don't think that we need to legitimize this technology any more than it already is and has been falsely legitimized," McDonald says.

But McDonald also points out that Faces of the Riot demonstrates just how accessible facial recognition technologies have become. "It shows how this tool that has been restricted only to people who have the most education, the most power, the most privilege is now in this more democratized state," McDonald says.

Bitcoin

US Treasury Nominee Yellen Wants to Encourage Cryptocurrencies -- 'For Legitimate Activities' (nasdaq.com) 126

Business Insider reports: The bitcoin price was set for its biggest one-week fall since September on Saturday morning, having slipped around 10% since Monday...

Bitcoin came under selling pressure this week after Janet Yellen, Joe Biden's pick for Treasury secretary, suggested the use of cryptocurrencies should be "curtailed" because they were used mainly for "illicit financing".

Writing at Nasdaq.com on Thursday, CoinDesk shared a link to U.S. Treasury Secretary nominee Janet Yellen's later written responses to the same questions, where Yellen states that bitcoin and other cryptocurrencies also offer potential benefits to the U.S. and its allies.

"At the same time, it also presents opportunities for states and non-state actors looking to circumvent the current financial system and undermine American interests. For example, the Central Bank of China just issued its first digital currency." I think it is important we consider the benefits of cryptocurrencies and other digital assets, and the potential they have to improve the efficiency of the financial system. At the same time, we know they can be used to finance terrorism, facilitate money laundering, and support malign activities that threaten U.S. national security interests and the integrity of the U.S. and international financial systems.

I think we need to look closely at how to encourage their use for legitimate activities while curtailing their use for malign and illegal activities. If confirmed, I intend to work closely with the Federal Reserve Board and the other federal banking and securities regulators on how to implement an effective regulatory framework for these and other fintech innovations.

Piracy

GitHub Reverses Takedown of Code for Anime Torrent Site Despite Film Group's DMCA (torrentfreak.com) 35

Inside.com's developer newsletter spotted this code repository story: GitHub posted a DMCA notice it received from the Motion Picture Association (MPA) last week asking the platform to take down a repository associated with NYAA.si, a popular torrent site specializing in anime content. The DMCA captured attention as the code doesn't belong to the MPA. Rather, the MPA argues the code is used for the development of the site, which allows for copyright infringement, while the repo also makes it possible to create NYAA clones.

The news comes a few months after GitHub restored the youtube-dl repository and created a $1m legal defense fund to help open source developers fight unwarranted DMCA Section 1201 takedown claims. At the same time, the platform also announced it will be improving its Section 1201 claim review process to make it harder to take down repos.

But the next day, the newsletter reported GitHub had reversed the takedown: The company explains the notice didn't meet its DMCA Takedown Policy requirements as it failed to "establish that the code is preconfigured to infringe." GitHub adds that it also restored any content that was disabled because of the notice.
Some context from TorrentFreak: This isn't the first time the MPA has gone after the anime torrent site. Last November we reported that the anti-piracy group sent cease and desist letters to several people who are allegedly connected to the site, describing it as an "Anime Cartel".
TorrentFreak's latest update: A few weeks ago, the Motion Picture Association tried to shut the project down by going after several people who are allegedly linked to the site. Framing NYAA as an "Anime Cartel", the movie group demanded a total shutdown and tens of thousands of dollars in settlements...

This takedown request initially succeeded as GitHub disabled the repository earlier this week. Before doing so, the platform reached out to the developers and gave them the option to respond or make changes, but that request went unanswered. Without a response from the developers, this is usually where things end. In this case, however, GitHub decided to carry out another review after the project was taken down, perhaps in part motivated by the news coverage. "While we didn't hear back from the maintainers, we chose to do another review ourselves to proactively see how we could resolve the issue," a GitHub spokesperson informs TorrentFreak...

[A]t the time of writing the NYAA repository is up and running again. The MPA still has the option to provide additional information about the allegedly-infringing nature of the code, which would then trigger another review.

GitHub stresses that it's their purpose to make sure that developers can host code within the boundaries of the law. Unless the entire repository is infringing, it's standard policy to allow developers to respond to DMCA claims before any content is removed.

Privacy

Intelligence Analysts Use US Smartphone Location Data Without Warrants, Memo Says (nytimes.com) 26

An anonymous reader quotes a report from The New York Times: A military arm of the intelligence community buys commercially available databases containing location data from smartphone apps and searches it for Americans' past movements without a warrant, according to an unclassified memo obtained by The New York Times. Defense Intelligence Agency analysts have searched for the movements of Americans within a commercial database in five investigations over the past two and a half years, agency officials disclosed in a memo they wrote for Senator Ron Wyden, Democrat of Oregon.

The disclosure sheds light on an emerging loophole in privacy law during the digital age: In a landmark 2018 ruling known as the Carpenter decision, the Supreme Court held that the Constitution requires the government to obtain a warrant to compel phone companies to turn over location data about their customers. But the government can instead buy similar data from a broker -- and does not believe it needs a warrant to do so. "D.I.A. does not construe the Carpenter decision to require a judicial warrant endorsing purchase or use of commercially available data for intelligence purposes," the agency memo said.

Mr. Wyden has made clear that he intends to propose legislation to add safeguards for Americans' privacy in connection with commercially available location data. In a Senate speech this week, he denounced circumstances "in which the government, instead of getting an order, just goes out and purchases the private records of Americans from these sleazy and unregulated commercial data brokers who are simply above the law." He called the practice unacceptable and an intrusion on constitutional privacy rights. "The Fourth Amendment is not for sale," he said.

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