The Washington Outsider

Transparency and Public Scrutiny:  FBI Searches for New Hiding Places

6/1/2016

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The 2015 USA Freedom Act is now enabling companies like Yahoo to release information about so-called National Security Letters (NSLs) from the FBI.   Not only were these extrajudicial writs simply issued with the approval of a Special Agent from an investigating office, they included indefinite gag orders that prevented recipients from even confirming they received a request from the FBI.    Used in increasing frequency since the early 1980’s, NSLs are a means to keep the FBI in the dark.  Although secrecy is needed during ongoing investigations, the law enforcement community needs transparency and public scrutiny to remain honest.
 
Citizens must be able to trust law enforcement when there is a need for secrecy, but that is only possible when authorities are open and honest when security is nonessential.  Indefinite gag orders simply serve to shield the FBI from public scrutiny, which empowers the corrupted.  Unfortunately, the FBI is resisting increased transparency.    This is made evident by the FBI’s attempt to exempt its national database of fingerprints and facial photos from the Privacy Act, which allows US Citizens to learn if the FBI has a file on them.  From the FBI’s iPhone hacking scandal, it appears the Bureau is trying to fine new powers to avoid transparency and scrutiny.
In February, 2016, California Magistrate Sheri Pym ordered Apple to create and supply the FBI with software that would allow the US government to breach the most effective security features of all current iPhone models.  The FBI claimed it needed Apple’s help to further its investigation into the San Bernardino shootings more than two months after the high profile incident occurred, the FBI’s abrupt reversal of its original position raises even more alarms.  Despite its insistence there not was no alternative, the FBI had the ability to hack the San Bernardino shooter’s iPhone 5C since 2013 with the help of its Israeli-based cyber security contractor Cellebrite.
 
If this inconsistency holds true, it suggests the FBI was plotting to abuse the US legal system to quietly secure its ability to violate the privacy of US citizens at will.  With the two suspects of the San Bernardino shooting dead and the lives of their associates under heavy scrutiny, the FBI could have only hoped to gain new evidence from the perpetrator’s smart phone that might reveal insights into the shooter’s thinking or connections to unknown suspects.  Given the timeline, the FBI could not honestly hope to gain new information that might prevent an imminent threat that qualifies as a clear and present danger, which is the legal benchmark for violating one’s rights. 
 
Coupled with the latest revelations and the FBI’s eagerness to help other law enforcement agencies unlock iPhones in other cases, it appears the intelligence community was simply using the incident to acquire “master keys” for all iPhones and set a new legal precedence. 
 
Along with the FBI’s unwillingness to inform Apple of the security weakness it eventually exploited and to assist the software giant in safeguarding the privacy of all Apple users against criminal and state-sponsored hackers, this underhanded approach to forced cooperation undermines the willingness of tech firms to cooperate with law enforcement.  In other words, the FBI expects Apple to cooperate with it, yet abuses the legal system to compel Apple to cooperate when it sets boundaries, attempts to publicly shame Apple when it pushes back, and seeks to secure its ability to hack Apple products.  The FBI is well on its way to making itself the enemy of the tech industry. 
 
That said, the FBI’s capability to hack an iPhone does not determine if the FBI has the legal authority to search someone’s property.  
 
Given the abuse of easy access to massive amounts of metadata by the NSA and CIA that was uncovered by the Edward Snowden Revelations, however, the FBI is asking Apple and the rest of the tech industry to ignore an unsettling history of national security overreach.  In fact, they undoing everything they did to prevent it from happening again. The Edward Snowden revelations demonstrated the 9/11 terrorist attacks gave America’s national security apparatus the rationale needed to ignore civil liberties in order to engage in unfettered intelligence gathering operations. 
 
From illegal wire taps to mass collections of so-called meta data, which enables analysts to understand intimate details of individuals’ lives, NSA programs, such as PRISM, exemplify a total disregard for a reasonable right to privacy as afforded under the Fourth Amendment.  Torture at the hands of CIA agents at the Guantanamo Bay detention camp, of course, demonstrates the lengths authorities are willing to go to circumvent legal limits placed on them. 
 
Just as the CIA and the George W. Bush administration argued that the torture of non-US citizens at Gitmo was lawful, because the Constitution did apply to noncitizens outside of the Country, the FBI may well be attempting to circumvent legal boundaries intended to serve as checks and balances.  Not only has the FBI tried to avoid the need to legally justify Apple’s forced cooperation through its use of the “All Writs Act,” which was part of the 1789 Judiciary Act, it is important to recognize Cellebrite is an Israeli-based subsidiary of the Japanese Sun Products Corporation.
 
Israeli may be a close friend of the United States and a major beneficiary of US military assistance, but Israel is a country in a perpetual state of war.  Although this may be the reason Israel controls somewhere around ten percent of the global cyber security industry and its National Cyber Bureau represents one of the world’s most aggressive efforts to foster private-public cooperation on cyber security, it has also left Israelis highly sensitive to even the most benign threats.
 
Furthermore, Israel’s cultural trauma tends to leave hardliners overly aggressive toward outsiders and, therefore, often negligent of civil liberties when it comes to non-Israelis.  This is particularly true for the Palestinian People, which has earned Israel scathing reviews from oversight groups like Amnesty International.   
 
Israeli’s efforts to criminalize activism against Israeli occupation and censor criticism of Israel across the entire internet demonstrates the need to scrutinize national security cooperation with Israel and Israeli firms.  More importantly, it suggests the FBI may be using Israeli firms in order to circumvent legal boundaries designed to protect the rights of Americans.  At the very least, it serves as an example of how the FBI plans to circumvent efforts to bring the US National Security apparatus out of the dark by expanding their legal authority and protections.  

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        • Should the Government Control Talk Radio to Make it More "balanced"?
      • How the People Are Lost in the Extremes of 'Right' and 'Left' in Politics
      • Should One's Faith Influence a Citizen's Vote?
      • Should the U.S. Government Help Fund Election Campaigns?
      • On Defunding Political Science Research
    • Worldview >
      • Justice for All: The Case for Legal, Social, Economic, and Personal Justice
      • Why Hardliner Thinking in the NSA and CIA is Doing Damage
      • On the Baby Boomer’s Self-Centeredness
      • The Case for Personal Responsibility
      • What Modern Day Revolutionaries Need to Learn from Leader's like Mandela
      • Rising Western Acceptance of LGBT Primes Culture Clash
      • The Need for Wisdom Beyond the Numbers
      • Perceptions of the United States
      • How Honesty Relates to the Great Recession
      • Why the Middle Class and Rich Need to Support Their Long-term Interests
      • The Aristocratic Republic of the United States of America
      • Discussing the Need for Community Support
      • Why New Forms of Capitalism and Socialism Will Compliment Each Other
      • The Reason We Need to Understand What it is to Be Poor in America
      • Why the World Needs to Reinvest in America
      • Why Are We Against Terrorism?
      • Why Does Terrorism Exist?
      • US Influence: The Value of American Citizenship Around the World
      • Responding to "the Soldier as Sacrficial Victim"
    • Human Nature >
      • How comfort defines us as people >
        • Is Suicide a Cowardly Way Out?
      • Defense Against the Dark Arts of Manipulators
      • Defining Abuse >
        • On the Willing Victim of Abuse
        • How to Understand Abuse Victims
        • Recognizing Abuse
      • The Role of Substitution in Decision Making
      • Trying to Understand PTSD and Other Trauma-induced Mental Health Issues
      • Exploring Human Emotion >
        • Mental Illness is Not the Cause of Anger and Violence >
          • Trying to Understand the Boston Marathon Bombing and Other Violent Crimes
          • Getting into the Twisted Mind of the Tucson Murder
      • Describing the Mind as Modes of Thought >
        • It’s Just Sex?
      • Relationships, or Arrangement
      • Understanding the Effects of Groupthink in the Workplace
      • Relating Circular, Inductive, and Deductive Reasoning to the Scientific Method and Religion
      • What is a Redneck? Understanding Different Cultures and Thinking
    • Economics >
      • The Need for Greater Economic Leverage >
        • Evaluating NAFTA and TPP
        • Undercutting Logistics with the Underpaid Independent Contractor
        • Unions: Hindrance or Essential to Free Markets
        • Eminent Domain Used Against Banks
        • Haitians Sue the UN for Failure to Help With Cholera
        • Looking at How Corn-based Ethanol and Other Alternative Energy Subsidies Stack Up
      • Empowering the Sovereign Nation-State by Rethinking Trade Policy >
        • Irish Sovereignty Lost Before Bailout
        • Why Sudan's Greatest Long-Term Hurdle is Our Lowest-bidder Economy
        • Reduce US Imports by Buying American Made Products
      • Ending the need for government support and tackling poverty
      • Income inequality: understanding the limitations and psychology of disadvantage
      • Looking at the Future of American Jobs >
        • On Questioning the Need to Address Economic Disparity
        • Minimum Wage is Not the Problem
        • Responding to the "Blip"
        • Why Education Is Not The Civil Rights Issue Of The Twenty-First Century
      • Considering the Impact of the Capital Gains Tax Deduction
      • Embracing a Capitalist Mindset >
        • Capitalism Versus Socialism
        • The Negatives of Socialism
      • Stealing Intellectual Property
      • Changing Business Models: From Enduring Entities to Cash Cows
      • Consumer and Investor Evolution in the Great Recession of 2008-09
      • Dealing with the Issues Surrounding the Patenting of Self-replicating Technologies
      • Is Technology Threatening Jobs?
    • Education >
      • The Role of Education in Creating a More Dynamic Workforce
      • Primary Education in America and the Changing Needs of Society
      • The Greatness of the American Education System
      • Ideas for Improving the United States Education System
      • Are Teachers Treated as Professionals?
      • Is Engaging Parents in Their Children's Education a Major Factor in Turning Around Low-performing Schools?
      • Should Grants Be Awarded to School Districts that Try Innovative Methods to Improve Student Achievement?
    • US Constitution >
      • On Reading the US Constitution
      • The Senate should not do more to limit the powers of the Judicial Branch
      • On the DOJ Justifying the “targeted Killings” of US Citizens
      • Corporations Do Not Have the Same Rights as US Citizens >
        • Corporate America Pleads the First
      • Discussing the Constitutionality of Per Capita Taxes
      • Was the California Supreme Court Right in Legalizing Gay Marriage?
      • Should the Bible Continue to Be Used for Swearing-in Ceremonies and in Courtrooms?
      • Should Religious Student Clubs Be Allowed in Public Schools?
      • Should the Government Control Talk Radio to Make it More "balanced"?
      • The Second Amendment: Not Outdated >
        • Are We Losing Our Second Amendment Rights
      • Eminent Domain Used Against Banks
      • Should a Woman Have the Right to Choose Abortion? >
        • Should Fathers Be Able to Opt Out of Parenthood?
      • Should Smoking Be Allowed in Public Places?
      • Is Teen Driving a Right or a Privilege?
      • Should US Companies Be Required to Provide Equal Pay to Women and Men?
      • Is eighteen too young to vote?
      • First Amendment Rights: The Priviledge of The Press
      • Do Mandatory Seat Belt Laws Violate Individual Rights?
      • Should cell phone use be banned while driving?
      • Dealing with the link between video game violence and children's behavior
      • Should police have to submit to routine drug and alcohol testing?
      • Public schools should not impose mandatory drug testing on students
      • Are High Taxes on Cigarettes Proper?
      • Should pharmacists be required to violate their religious beliefs and dispense the "Morning After Pill?"
      • Should school counselors uphold patient privacy or report students who become unstable?
  • For the record
    • Ongoing Issues >
      • Red Dawn in Ukraine: Understanding the Actions of Russia >
        • On Russia’s Coercion of Ukraine
        • The Russian Annexation of Crimea in the Eyes of the World
        • Putin Has Overplayed His Hand With Crimea
        • Ukraine in Terms of Resovereignization
        • Avoiding a Conflict Between America and Russia Over Ukraine
        • What Drives the World’s Interest in Russia’s Actions in Ukraine
      • China’s Aggressive Pursuit of Interests Demands a Global Response
      • Iran Makes a Deal: A Start to a Long-term Diplomatic Effort to Denuclearize Iran >
        • On the Future of a Nuclear Negotiations with Iran
      • America's Sphere of Influence: Retaking South-East Asia >
        • Power in Asia: Looking at the Power Shift in Japan
        • The China Paradox: Why America is Worried About China
      • Assessing US Support of Israel >
        • Tread Softly Israel for a Heavy Step May Be Your Undoing
      • Understanding the Dysfunctional Nature of the US-Pakistani Relationship
      • Recognizing the True Threat Behind the Current Unrest in the Middle East >
        • Reacting to the Escalating Crackdown in Syria
      • Assessing the Threat of North Korea >
        • Answering North Korea's Call for Food Aid: Breaking the Vicious Cycle Forced Upon Us by a Warring Nation
        • Dealing with the Restarting of the Korean War
        • North Korea Attacks South Korea
      • Dealing with the Ill-effects of Climate Change
      • Racial Inequality and Oppression Do Truly Exist in Today's Society
      • Should energy independence be a high priority in the US?
      • An overview of world wide Human Rights violations
      • Nuclear Threat from Pakistan
      • Return of The Cold War?
    • World >
      • Coverage of FIFA World Cup is a Chance to Focus on Poverty >
        • The FIFA World Cup Offers Benefits for More Than Brazilian Soccer Fans
        • FIFA Can Bring Brazilians Together as a Nation
      • Being Prepared for Any Potential Dangers at the FIFA World Cup Games
      • Treading Softly on the Politicizing of the 2014 Sochi Olympics Over Gay Rights
      • Why NATO Operations in Libya Lack a Well-defined Mission
      • China Hijacks the Web
      • Lessons from the Great Japanese Earthquake of 2011
      • A Modernizing Cuba Offers an Opportunity for Capitalists
      • The Seeds of Democracy Take Root in the Middle East
      • The Rebirth of Democracy in Tunisia
      • What May Come from the Hurt Revolution in Libya
      • Responding to the Violence of Qaddafi and Other Besieged Leaders
      • Embracing the Rise of a Democratic Egypt
      • Protests in Afghanistan Turn Deadly for Coalition Forces and UN Personnel
      • Haiti: Another Failing Humanitarian Investment
      • What Karzai Can Learn from Calderon
      • START II: A Necessary, Easy Success that Nearly Failed
      • Why Does the U.S. Government Support Independence for the Breakaway Serb Territory of Kosovo but Oppose Independence for the Breakaway Georgian Territories of Abkhazia and South Ossetia?
      • Iraq's Electric Issues: When Human Wants Trump Economic Sense
      • The International Community Reacts to Wikileaks: We May Be Moving Toward a Third World War in Cyberspace
      • On Climate Gate
      • Assessing Obama's Afghanistan War strategy
      • 2009 Iranian Presidential Election: The Fallout
      • Resolving Sri Lankan Conflict through Free Media
      • What are the Global Consequences of Russia's Invasion of Georgia
      • The War in Iraq: an assessment of President Bush's surge strategy
      • Drug War: Actions of Venezuela, Columbia, Ecuador in terms of Resovereignization
      • Is the Iraq Refugee Crisis America's Responsibility?
      • US support for a united Kosovo, Abkhazia, and South Ossetia: why?
      • Should the US withdraw from Iraq?
      • Setting a Timetable for Troop Withdrawal from Iraq is a Terrible Mistake
      • War on Terrorism is needed
    • Law and Order >
      • Rape in the US Military
      • Ethics of Force-feeding Guantanamo Bay Detainees
      • Reacting to the Aftermath of the Tucson Massacre
    • Economy >
      • Affordability Drives Fear of Obamacare and the Individual Mandate
      • Is the Economy Built for a Job's Recovery?
      • Gutting Healthcare Reform of the Individual Mandate
      • Arizona Budget Cuts Lead to Lethal Healthcare Rationing:
      • Shameful Collection Practices of American Banks
      • The Fed Reveals it Actually Undertook an International Bailout
      • Thoughts on French Budgetary Reforms
      • Seniors Start Businesses
      • The Case for Slimming Down the US Military to Make it Better
      • Looking at the Obama Administration's New Approach to Economic Policy
      • Should the Government Regulate the Credit Card Industry?
      • The Big Three's Big Chance
      • The Unhealthy Tone of the Healthcare Reform Debate
      • Should the federal government offer a bailout for home owners?
      • Environmentalists: Do They Do More Good Than More Harm?
      • Responding to Scott Walker's Contribution to the War on Unions
    • US Government >
      • America Needs to Focus on the Impending Fiscal Crisis
      • Reacting to the Bush Era-tax Cut Extension Deal
      • Quitting the Obama Revolution: The Fickle Nature of American Politics
      • John Boehner's Circus
      • Is the Fed Putting Itself in Jeopardy?
      • Wikileaks Goes After the US State Department
      • Discussing the Political Environment Surrounding the 2011 Budget Debate
      • What the Democrats Can Do to Ensure a GOP Year in 2012
      • What the 2010 Midterm Actually Said
      • Congresswoman Kathy Dahlkemper
      • Democrats Minus Nancy Pelosi Equals Opportunity
      • Terrorists Go Postal: The Terrorism Threat Reexamined
      • Victory in the 2008 Election: Reaction to Barack Obama'a Win >
        • Expectations for Barack Obama
      • President Obama's first one hundred days
      • John McCain's Negative Campaign
      • Reasons People did not Elect John Mccain
      • History judges the George W. Bush Administration
      • Should the next US President focus on domestic issues?
      • President Bush, should he resign or be impeached
      • Should the Ban on Government Sponsored Assassinations be Repealed
    • Off Topic >
      • A Face of America’s Greatest Generation
      • A Story About a Man Who Made the World a Better Place
      • Making the World a Better Place
      • The Bipolar Ethical Nature of Google
      • Learning Computer Plays Jeopardy
      • Verifying Medicine is the Real Thing
      • Taking a Practical Step Forward in Optical Computing Using Slow Light
      • Scientists Take a Closer Look at How Lithium Batteries Work
      • Remarking on the First Blizzard of the 2010-2011 Winter Season
      • Driving in the Snow: Acceleration is the Key
      • How People in Northwest PA Are Coping with the Increasing Cost of Oil
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