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Privacy Electronic Frontier Foundation Government The Courts United States

The DEA Disinformation Campaign To Hide Surveillance Techniques 46

An anonymous reader writes: Ken White at Popehat explains how the U.S. Drug Enforcement Agency has been purposefully sowing disinformation to hide the extent of their surveillance powers. The agency appears to have used a vast database of telecommunications metadata, which they acquired via general (read: untargeted, dragnet-style) subpoenas. As they begin building cases against suspected criminals, they trawl the database for relevant information. Of course, this means the metadata of many innocent people is also being held and occasionally scanned. The Electronic Frontier Foundation has filed a lawsuit to challenge this bulk data collection. The DEA database itself seems to have been shut down in 2013, but not before the government argued that it should be fine not only to engage in this collection, but to attempt to hide it during court cases. The courts agreed, which means this sort of surveillance could very well happen again — and the EFF is trying to prevent that.
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The DEA Disinformation Campaign To Hide Surveillance Techniques

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  • by Darrin Ward PR ( 4074911 ) on Friday April 10, 2015 @10:40AM (#49446771) Homepage
    i do the same thing to convince my users that i don't install viruses on their computers... but i still install viruses on their computers. disinformation is the best!
    • Re: (Score:2, Insightful)

      by Anonymous Coward

      Of course, you're not running a lucrative multi-billion dollar snake-oil business like the head of the DEA is.

  • by Anonymous Coward

    This is a direct result of the pen register ruling. Unfortunately it's hard to argue this is unconstitutional since records kept by a company aren't really your effects. This overreach is going to have to be solved with legislation.

    • by Tokolosh ( 1256448 ) on Friday April 10, 2015 @10:54AM (#49446873)

      The courts have completely abdicated their responsibility to protect the people from the depredations of the Leviathan. The judicial branch of government is as complicit as the executive and legislative, and needs to shaken up pronto.

      • what's that? you say you plan to use a remote control on them?

        let us know how that goes.

      • Unfortunately, the purpose of governments is not "to protect the people from the depredations of the Leviathan", but rather the opposite.
        The courts merely interpret the laws to that end.
      • Comment removed based on user account deletion
        • Re: (Score:1, Flamebait)

          by umghhh ( 965931 )
          There were times where even wiretapping was controversial and you make it sound like metadata is so innocent as well as easy to prevent by a single user. Surprise surprise - it is not - in modern times, in developed world not using modern communication devices has serious consequences to one's ability to live normal life. If you consider this and the fact that there is really no other way to use such devices as not to leave a trail in the hands of the operators of the infrastructure used for those communica
        • by Agripa ( 139780 )

          There's nothing wrong with the pen register ruling; you don't have any expectation of privacy when you voluntarily hand information to a third party. The ruling abides by both the letter and the spirit of the 4th Amendment.

          I agree and this means that the only safe "cloud" application is bulk storage of encrypted data with encryption and decryption done locally. All cloud applications and servers leak their contents without a warrant or notification which the government goes to great lengths to avoid adver

        • The ultimate purpose of the WoD was never to protect people from themselves--that is merely the pretext. The WoD is actually about class and race warfare (to wit, the disproportionate prosecution and conviction of ethnic and racial minorities and those lower on the socioeconomic ladder) and the aggrandisement of the PTB. Any other conclusion is untenable.
    • The government should not be able to cast its gaze without cause. Pen register is an abuse of this.
  • by Anonymous Coward

    If sowing disinformation is legal and the courts agree, then the information that the DEA shutdown its database in 2013 is probably disinformation. Only the legislative branch can do something to investigate because the other two branches of government already have agreed that lies are A-OK. But if it's security-related, investigating members of Congress will be sworn to secrecy anyway -- which won't be a problem for most of them because they tend to prostrate themselves fawningly before the state instrum

  • by Virtucon ( 127420 ) on Friday April 10, 2015 @10:59AM (#49446915)

    I agree that the surveillance issue is bad but it's much worse when the DEA creates false evidence trails [reuters.com] to hide the surveillance links to their own programs and that of the NSA. This puts the basic principles of justice out the window when you have DEA agents lying on the witness stand about how they obtained their information. A judge could ostensibly throw out convictions or exclude evidence based on those facts, sanctioning prosecutors for knowingly allowing this to happen at trial. It's fucking stupid to expose the nation to this kind of risk.

    • I would go further than "could ... throw out" and suggest that they actually have an obligation to throw them out, and have the agents arrested for Perjury, along with anyone else who knowingly and willingly allowed false statements under oath.

      • by chihowa ( 366380 )

        Well, they have to find out that it actually happened to do that. There appears to be a good deal of "information laundering" going on so that individual agents may not even know that they're facilitating perjury. It's a deliberately constructed end run around our system of justice, which makes it even more nefarious than a few rogue agents.

    • by kbonin ( 58917 ) on Friday April 10, 2015 @11:23AM (#49447087)

      "Parallel Construction" [wikipedia.org] is a fundamental part of police work now. When Federal law enforcement orders local law enforcement to lie to judges and prosecutors (Stingrays, etc.), whats really left? The last few generations of law enforcement, and the continuing example from the top of the executive branch on down, makes it clear that it is now perfectly acceptable and even expected if not required behavior to lie to everyone, including other branches of government. The historical checks and balances are almost all gone now...

      • Govt believes it needs to do whatever it takes to get the bad guys.

        Trouble is, who is considered bad? Someone that posts libertarian comments challenging "big govt" on ar15.com?

        • Govt believes it needs to do whatever it takes to get the bad guys.

          For varying interpretations of "bad guys".
        • by memnock ( 466995 )

          A lot of _regular_people_ believe that the govt should do whatever it takes to get the bad guys. Every little crime is the end of the civilized world and every stranger is out to take what's theirs. They want protection from any possible threat. This works to the govt's advantage as it sucks up more power every day.

      • by Blue Stone ( 582566 ) on Friday April 10, 2015 @01:17PM (#49448247) Homepage Journal

        >"Parallel Construction" [wikipedia.org] is a fundamental part of police work now.

        So true and yet an utterly chilling sentence.

        A DEA official said, "Parallel construction is a law enforcement technique we use every day. It's decades old, a bedrock concept. [reuters.com]"

        Where the state is engaging in perjury, openly and without shame, what justice can there be?

      • by Agripa ( 139780 )

        Unwarranted searches are unconstitutional even if evidence is not used in court however the normal remedy is exclusion which does not apply and parallel construction avoids challenging this.

  • by Anonymous Coward on Friday April 10, 2015 @11:05AM (#49446947)

    But when they purposefully lie to conceal where the evidence came from, how are they any better than the criminals they put away? You can't send someone to jail for years based on a lie.

    • by amiga3D ( 567632 )

      This is where "the end justifies the means" eventually winds up. It starts with good intentions and winds up a corrupt mess.

    • by Agripa ( 139780 )

      But when they purposefully lie to conceal where the evidence came from, how are they any better than the criminals they put away? You can't send someone to jail for years based on a lie.

      The difference between law enforcement and a gang of thugs is that a gang of thugs is more honest in not expecting the sanction of their victims.

  • by Anonymous Coward

    It is possible to see a clear spin and attempt to manage the conversation. New type of data has been invented - Metadata, and spy agencies are claiming that this is not covered by 4th amendment.

    Imagine you are observer, and you see individual Joe, interacting (both visiting and calling) her married co-worker's Janice home every time Janice' husband is having an out-of-town business trip. You, the observer, do not have information on what is happening outside, but you have a metadata: telephone calls and ce

    • The next topic is "general warrant". One of the reason US revolution took place is because of unhappiness due to King George's general warrants, allowing to search everyone without reason. The outcome was 4th amendment which clearly defined that persons and their private life are untouchable, unless there is suspicion, affirmed by the government servant and approved by the judge.

      Spying on the population was also a big driver behind the THIRD amendment:

      No Soldier shall, in time of peace be quartered in any h

  • by puddingebola ( 2036796 ) on Friday April 10, 2015 @11:24AM (#49447109) Journal
    Funny thing about that Canadian girlfriend, they've used her in 7 other cases as the alternative source for the evidence. Maybe she's the sysadmin for a database in Canada?
    • "Canadian Girlfriend" -- on of Grand Funk's less successful songs.

      once that earworm's run it course, can somebody please post a set of plausible lyrics to that song?
      • by Thud457 ( 234763 )
        Wow, I suck at musical trivia. Was the "Guess Who".
        In pennance, let me offer a start:

        Canadian girlfriend you just made her up
        Canadian girlfriend, she ain't real
        Canadian girlfriend you just made her up
        Canadian girlfriend she don't exist

        Say C, say A, say N
        Say A, say D, I
        Say A, N

        Canadian girlfriend you just made her up
        Canadian girlfriend you just made her up
        Canadian girlfriend she ain't real

        Canadian girlfriend, don't spy on me
        Canadian girlfriend, mama let me be
        Don't come hangin' around my door
        I don't wanna see your face no more

        I got more important things to do
        Than spend my time growin' in GITMO with you
        Now woman, I said stay away
        Canadian girlfriend, listen what I say

        Canadian girlfriend, get away from me
        Canadian girlfriend, mama let me be
        Don't come knockin' around my door
        Don't wanna see your shadow no more

        Colored lights can hypnotize
        Sparkle someone else's eyes
        Now woman, I said get away
        Canadian girlfriend, listen what I say

        Canadian girlfriend, said get away
        Canadian girlfriend, listen what I say
        Don't come hangin' around my door
        Don't wanna see your face no more
        I don't need your war machines
        I don't need your ghetto scenes

        Colored lights can hypnotize
        Sparkle someone else's eyes
        Now woman, get away from me
        Canadian girlfriend, mama let me be

        Go, gotta get away, gotta get away
        Now go, go, go, I'm gonna leave you, woman
        Gonna leave you, woman
        Bye-bye, bye-bye, bye-bye, bye-bye

        You're no good for me
        I'm no good for you
        Gonna look you right in the eye
        Tell you what I'm gonna do

        You know I'm gonna encrypt my mail
        You know I'm gonna go
        You know I'm gonna leave
        You know I'm gonna go, woman

        I'm gonna leave you, woman
        Goodbye, Canadian girlfriend

    • The thing is, under the US/Canada Data Treaty, Canadians have a Constitutional Right of Privacy, which must be enforced in the US.

      The DEA can spy on Americans illegally all they want, but Canada has a Constitution which prevents that, and violating that is a Felony, which the US/Canada Data Treaty requires be treated as MORE than a Federal Crime, as it's an International Treaty.

      (I didn't write the rules, other than the Canadian Forces Administrative Orders, so don't blame me)

      • by plover ( 150551 )

        Well, the Mounties haven't shown up at the border to haul away the G-men, so I wouldn't place any faith in that treaty to keep out of harm's way. If it looks like toilet paper and is used like toilet paper, it's worth the same as toilet paper.

      • by plover ( 150551 )

        Well, the Mounties haven't shown up at the border to haul away the G-men, so if I were Canadian I wouldn't place any faith in that treaty to keep myself out of harm's way.

        If it looks like toilet paper and is used like toilet paper, it's worth the same as toilet paper.

  • hiding what you do (Score:4, Insightful)

    by chilenexus ( 2660641 ) on Friday April 10, 2015 @11:42AM (#49447335)
    The government tells citizens "if you're not doing anything wrong, you shouldn't need to hide anything". We might as well say it right back to government. Also, since we are paying for everything they do, that information is ours. The government doing things it doesn't want us to know about is inherently immoral and dishonest. After all, they are doing all of those things "in our name".
    • 1. Govt is benevolent, everything they do is for our benefit. There is no reason for us to know what they are doing, since everything is pure, just, and good.
      2. If the details were shown, criminals would use this information.

  • Which are international treaties and have the force of law, greater than that of a law passed by Congress.

    (it's in the Constitution, in case you didn't know, the part that talks about Quartering Troops In Your Computers To Spy For The Redcoats)

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