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发帖数: 6201 | 1 【 以下文字转载自 Military 讨论区 】
发信人: kg30 (), 信区: Military
标 题: Breaking: 霉菌无搜查令监视本国境内公民
发信站: BBS 未名空间站 (Fri May 14 09:16:02 2021, 美东)
http://www.vice.com/en/article/88ng8x/pentagon-americans-surveillance-without-warrant-internet-browsing
The Pentagon is carrying out warrantless surveillance of Americans,
according to a new letter written by Senator Ron Wyden and obtained by
Motherboard.
Senator Wyden's office asked the Department of Defense (DoD), which includes
various military and intelligence agencies such as the National Security
Agency (NSA) and the Defense Intelligence Agency (DIA), for detailed
information about its data purchasing practices after Motherboard revealed
special forces were buying location data. The responses also touched on
military or intelligence use of internet browsing and other types of data,
and prompted Wyden to demand more answers specifically about warrantless
spying on American citizens.
Some of the answers the DoD provided were given in a form that means Wyden's
office cannot legally publish specifics on the surveillance; one answer in
particular was classified. In the letter Wyden is pushing the DoD to release
the information to the public. A Wyden aide told Motherboard that the
Senator is unable to make the information public at this time, but believes
it would meaningfully inform the debate around how the DoD is interpreting
the law and its purchases of data.
"I write to urge you to release to the public information about the
Department of Defense's (DoD) warrantless surveillance of Americans," the
letter, addressed to Secretary of Defense Lloyd J. Austin III, reads.
Do you work for any of the agencies named in this piece? We'd love to
hear from you. Using a non-work phone or computer, you can contact Joseph
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[email protected], or email [email protected]
Wyden and his staff with appropriate security clearances are able to review
classified responses, a Wyden aide told Motherboard. Wyden's office declined
to provide Motherboard with specifics about the classified answer. But a
Wyden aide said that the question related to the DoD buying internet
metadata.
"Are any DoD components buying and using without a court order internet
metadata, including 'netflow' and Domain Name System (DNS) records," the
question read, and asked whether those records were about "domestic internet
communications (where the sender and recipient are both U.S. IP addresses)"
and "internet communications where one side of the communication is a U.S.
IP address and the other side is located abroad."
Netflow data creates a picture of traffic flow and volume across a network.
DNS records relate to when a user looks up a particular domain, and a system
then converts that text into the specific IP address for a computer to
understand; essentially a form of internet browsing history.
Wyden's new letter to Austin urging the DoD to release that answer and
others says "Information should only be classified if its unauthorized
disclosure would cause damage to national security. The information provided
by DoD in response to my questions does not meet that bar."
The questions were specifically sent to the Under Secretary of Defense for
Intelligence and Security in February 2021, Wyden's letter adds. Beyond the
NSA and DIA, the Under Secretary of Defense for Intelligence and Security
provides oversight to a range of agencies including the National Geospatial-
Intelligence Agency (NGA) and the National Reconnaissance Office (NRO). A
Wyden aide said it is not clear if the answers go beyond the agencies that
act under the Under Secretary of Defense for Intelligence and Security.
The DoD did not respond to a request for comment.
Wyden's questions came in response to Motherboard's reporting on special
forces purchasing location data, a Wyden aide said. Specifically,
Motherboard previously revealed that U.S. Special Operations Command (SOCOM)
bought access to a tool called Locate X that uses location data harvested
from ordinary phone apps installed on peoples' phones. Motherboard also
found that a National Guard unit tasked with carrying out drone strikes
bought the same tool.
A Wyden aide said the office sent its original query to SOCOM's legislative
affairs section. That department then said that the Under Secretary of
Defense for Intelligence and Security would respond, the aide added.
As part of Wyden's office's own parallel investigation into the location
data selling space, the DIA said in a memo its analysts have searched
commercial databases of smartphone location data without a warrant in five
investigations over the past two and a half years, The New York Times
reported in January.
"Other than DIA, are any DoD components buying and using without a court
order location data collected from phones located in the United States?" one
of Wyden's questions reads. The answer to that is one that Wyden is urging
the DoD to release.
The DIA memo said the agency believes it does not require a warrant to
obtain such information. Following this, Wyden also asked the DoD which
other DoD components have adopted a similar interpretation of the law. One
response said that each component is itself responsible to make sure they
follow the law.
Wyden is currently proposing a new piece of legislation called The Fourth
Amendment Is Not For Sale Act which would force some agencies to obtain a
warrant for location and other data. Current sponsors include Sen. Rand Paul
, R-Ky., Majority Leader Chuck Schumer, D-N.Y. Sen. Mike Lee, R-Utah, Sen.
Steve Daines, R-Mont., Sen. Edward Markey, D-Mass., Sen. Tammy Baldwin, D-
Wisc., Sen. Elizabeth Warren, D-Mass., Sen. Sherrod Brown, D-Ohio, Sen.
Brian Schatz, D-Hawaii, Sen. Cory Booker, D-N.J., Sen. Bernie Sanders, D-Vt.
, Sen. Jeff Merkley, D-Ore., Sen. Jon Tester, D-Mont., Sen. Martin Heinrich,
D-N.M., Sen. Mazie Hirono, D-Hawaii, Sen. Patty Murray, D-Wash., Sen. Maria
Cantwell, D-Wash., Sen. Patrick Leahy, D-VT., and Sen. Richard Blumenthal,
D-Conn, Wyden's office previously told Motherboard. |
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