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mass surveillance
ACLU Sues to Uncover 'What the NSA Is Hiding' About Its Use of Artificial Intelligence
"AI tools have the potential to expand the NSA's surveillance dragnet more than ever before," the civil liberties group warned.
Apr 26, 2024
The ACLU on Thursday sued the National Security Agency in an effort to uncover how the federal body is integrating rapidly advancing artificial intelligence technology into its mass spying operations—information that the agency has kept under wraps despite the dire implications for civil liberties.
Filed in a federal court in New York, the lawsuit comes over a month after the ACLU submitted a Freedom of Information Act (FOIA) request seeking details on the kinds of AI tools the NSA is using and whether it is taking any steps to prevent large-scale privacy abuses of the kind the agency is notorious for.
The ACLU said in its new complaint that the NSA and other federal agencies have yet to release "any responsive records, notwithstanding the FOIA's requirement that agencies respond to requests within twenty working days."
"Timely disclosure of the requested records [is] vitally necessary to an informed debate about the NSA's rapid deployment of novel AI systems in its surveillance activities and the safeguards for privacy, civil rights, and civil liberties that should apply," the complaint states, asking the court for an injunction requiring the NSA to immediately process the ACLU's FOIA request.
In a blog post on Thursday, the ACLU's Shaiba Rather and Patrick Toomey noted that AI "has transformed many of the NSA's daily operations" in recent years, with the agency utilizing AI tools to "help gather information on foreign governments, augment human language processing, comb through networks for cybersecurity threats, and even monitor its own analysts as they do their jobs."
"Unfortunately, that's about all we know," the pair wrote. "As the NSA integrates AI into some of its most profound decisions, it's left us in the dark about how it uses AI and what safeguards, if any, are in place to protect everyday Americans and others around the globe whose privacy hangs in the balance."
"That's why we're suing to find out what the NSA is hiding," they added.
BREAKING: We just filed a FOIA lawsuit to find out how the NSA — one of America's biggest spy agencies — is using artificial intelligence.
These are dangerous, powerful tools and the public deserves to know how the government is using them.
— ACLU (@ACLU) April 25, 2024
The ACLU filed its lawsuit less than a week after Congress approved a massive expansion of Section 702 of the Foreign Intelligence Surveillance Act (FISA), warrantless spying authority that the NSA has heavily abused to sweep up the communications of American journalists, activists, and lawmakers.
With their newly broadened authority, the NSA and other intelligence agencies will have the power to enlist a wide range of businesses and individuals to participate in their warrantless spying operations—a potential catastrophe for privacy rights.
Rather and Toomey warned Thursday that the growing, secretive use of artificial intelligence tools has "the potential to expand the NSA's surveillance dragnet more than ever before, expose private facts about our lives through vast data-mining activities, and automate decisions that once relied on human expertise and judgment."
"The government's lack of transparency is especially concerning given the dangers that AI systems pose for people's civil rights and civil liberties," Rather and Toomey wrote. "As we've already seen in areas like law enforcement and employment, using algorithmic systems to gather and analyze intelligence can compound privacy intrusions and perpetuate discrimination."
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Wyden Says Spying Bill Would Force Americans to Become an 'Agent for Big Brother'
"If you have access to any communications, the government can force you to help it spy," said Sen. Ron Wyden.
Apr 17, 2024
Democratic Sen. Ron Wyden took to the floor of the U.S. Senate on Tuesday to speak out against a chilling mass surveillance bill that lawmakers are working to rush through the upper chamber and send to President Joe Biden's desk by the end of the week.
The measure in question would reauthorize Section 702 of the Foreign Intelligence Surveillance Act (FISA) for two years and massively expand the federal government's warrantless surveillance power by requiring a wide range of businesses and individuals to cooperate with spying efforts.
"If you have access to any communications, the government can force you to help it spy," said Wyden (Ore.), referring to an amendment that was tacked on to the legislation by the U.S. House last week with bipartisan support. "That means anyone with access to a server, a wire, a cable box, a Wi-Fi router, a phone, or a computer. So think for a moment about the millions of Americans who work in buildings and offices in which communications are stored or pass through."
"After all, every office building in America has data cables running through it," the senator continued. "The people are not just the engineers who install, maintain, and repair our communications infrastructure; there are countless others who could be forced to help the government spy, including those who clean offices and guard buildings. If this provision is enacted, the government can deputize any of these people against their will, and force them in effect to become what amounts to an agent for Big Brother—for example, by forcing an employee to insert a USB thumb drive into a server at an office they clean or guard at night."
Wyden said the process "can all happen without any oversight whatsoever: The FISA Court won't know about it, Congress won't know about it. Americans who are handed these directives will be forbidden from talking about it. Unless they can afford high-priced lawyers with security clearances who know their way around the FISA Court, they will have no recourse at all."
Wyden's remarks came after the Senate narrowly approved a motion Tuesday to proceed to the FISA reauthorization bill ahead of Section 702's expiration at the end of the week. The Oregon senator, an outspoken privacy advocate, was among the seven members of the Democratic caucus who voted against the procedural motion.
Despite its grave implications for civil liberties, the bill has drawn relatively little vocal opposition in the Senate. A final vote could come as soon as Thursday.
Titled Reforming Intelligence and Securing America Act (RISAA), the legislation passed the Republican-controlled House last week after lawmakers voted down an amendment that would have added a search warrant requirement to Section 702.
The authority allows U.S. agencies to spy on non-citizens located outside of the country, but it has been abused extensively by the Federal Bureau of Investigation and National Security Agency to collect the communications of American lawmakers, activists, journalists, and others without a warrant.
Privacy advocates warn RISAA would dramatically expand the scope of Section 702 by broadening the kinds of individuals and businesses required to participate in government spying. A key provision of the bill would mandate cooperation from "electronic communications service providers" such as Google, Verizon, and AT&T as well as "any other service provider who has access to equipment that is being or may be used" to transmit or store electronic communications.
That would mean U.S. intelligence agencies could, without a warrant, compel gyms, grocery stores, barber shops, and other businesses to hand over communications data.
"In the face of the pervasive past misuse of Section 702, the last thing Americans need is a large expansion of government surveillance," Caitlin Vogus, deputy director of advocacy at Freedom of the Press Foundation, wrote in an op-ed for The Guardian on Tuesday. "The Senate should reject the House bill and refuse to reauthorize Section 702 without a warrant requirement. Lawmakers must demand reforms to put a stop to unjustified government spying on Americans."
Wyden said during his floor speech Tuesday that some of his colleagues "say they aren't worried about President Biden abusing these authorities."
"In that case, how about [former President Donald] Trump? Imagine these authorities in his hands," said Wyden. "If you're worried about having a president who lives to target vulnerable Americans, to pit Americans against each other, to find every conceivable way to punish perceived enemies, you ought to find this bill terrifying."
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'Call Your Senator Now': Privacy Advocates Ramp Up Effort to Stop Spying Expansion
"Make no mistake," said one expert, "the day will come when there is a president in the White House who will not hesitate to make full use of the Orwellian power this bill provides."
Apr 16, 2024
With the U.S. Senate poised to vote later this week on legislation to reauthorize a heavily abused warrantless surveillance authority, privacy advocates are ramping up pressure on lawmakers to remove a provision that would force a wide range of businesses and individuals to take part in government spying operations.
Dubbed the "Make Everyone a Spy" provision by one advocacy group, the language was tucked into a House-passed bill that would extend Section 702 of the Foreign Intelligence Surveillance Act (FISA), which allows U.S. agencies to spy on non-citizens located outside of the country without a warrant. Americans' communications have frequently been collected under the spying authority.
The provision that has sparked grave warnings from privacy advocates was spearheaded by the chair of the House Permanent Select Committee on Intelligence, Rep. Mike Turner (R-Ohio), and the panel's ranking member, Rep. Jim Himes (D-Conn.).
While supporters of the provision, including the Biden White House, claim the proposed change to existing law is narrow, civil liberties defenders say it's anything but.
Currently, U.S. agencies can use Section 702 authority to collect the data of non-citizens abroad from electronic communications service providers such as Google, Verizon, and AT&T without a warrant.
The Turner-Himes amendment would significantly expand who could be ordered to cooperate with government surveillance efforts, broadening Section 702 language to encompass "any other service provider who has access to equipment that is being or may be used" to transmit or store electronic communications.
That change, privacy advocates say, would mean grocery stores, laundromats, gyms, barber shops, and other businesses would potentially be conscripted to serve as government spies.
"The Make Everyone a Spy provision is recklessly broad and a threat to democracy itself," Sean Vitka, policy director of Demand Progress, said in a statement Tuesday. "It is simply stunning that the administration and House Intelligence Committee do not have a single answer for how frighteningly broad this provision is."
"You can't create a surveillance state and just hope the government won't take advantage."
The New York Timesexplained Tuesday that after the FISA Court "approves the government's annual requests seeking to renew the program and setting rules for it, the administration sends directives to 'electronic communications service providers' that require them to participate."
In 2022, the Times noted, the FISA Court "sided with an unidentified company that had objected to being compelled to participate in the program because it believed one of its services did not fit the necessary criteria." Unnamed people familiar with the matter told the newspaper that "the judges found that a data center service does not fit the legal definition of an 'electronic communications service provider'"—prompting the bipartisan effort to expand the reach of Section 702.
"While the Department of Justice wants us to believe that this is simply about addressing data centers, that is no justification for exposing cleaning crews, security guards, and untold scores of other Americans to secret Section 702 directives, which are issued without any court review," Vitka said Tuesday. "Receiving one can be a life-changing event, and Jim Himes appears not to have any sense of that. The Senate must stop this provision from advancing."
Elizabeth Goitein, co-director of the Liberty and National Security Program at the Brennan Center for Justice, wrote on social media Tuesday that "it's critical to stop this bill."
"The administration claims it has no intent to use this provision so broadly—and who knows, maybe it doesn't. But the plain language of the bill allows involuntary conscription of much of the private sector for [National Security Agency] surveillance purposes," Goitein wrote. "Make no mistake, the day will come when there is a president in the White House who will not hesitate to make full use of the Orwellian power this bill provides. You can't create a surveillance state and just hope the government won't take advantage."
URGENT: Please read thread below. We have just days to convince the Senate NOT to pass a “terrifying” law (@RonWyden) that will force U.S. businesses to serve as NSA spies. CALL YOUR SENATOR NOW using this call tool (click below or call 202-899-8938). 1/25 https://t.co/HAOHURZoJQ
— Elizabeth Goitein (@LizaGoitein) April 15, 2024
With Section 702 set to expire Friday, Senate Majority Leader Chuck Schumer (D-N.Y.) said in a floor speech Tuesday that he has placed the House-passed FISA legislation on the chamber's calendar and will soon "file cloture on the motion to proceed" to the bill, which is titled the Reforming Intelligence and Securing America Act (RISAA).
"We don't have much time to act," said Schumer. "Democrats and Republicans are going to have to work together to meet the April 19th deadline. If we don't cooperate, FISA will expire, so we must be ready to cooperate."
Sen. Ron Wyden (D-Ore.), a member of the Senate Select Committee on Intelligence and outspoken privacy advocate, has called RISAA's proposed expansion of government surveillance "terrifying" and warned it would "force any American who installs, maintains, or repairs anything that transmits or stores communications to spy on the government's behalf."
According to the Times, Wyden's office has in recent days been circulating "a warning that the provision could be used to conscript someone with access to a journalist's laptop to extract communications between that journalist and a hypothetical foreign source who was targeted for intelligence."
In a social media post on Tuesday, Wyden echoed campaigners in urging people to contact their senators.
"Congress wants to make it easier for the government to spy on you without a warrant," Wyden wrote. "Scared? Me too. Call your senator at (202) 224-3121 before April 19 and tell them to vote NO on expanding warrantless government surveillance under FISA."
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