Federal judge rules that the “terrorist watchlist” database violates U.S. citizens’ rights – gpgmail


A Federal judge appointed by President George W. Bush has ruled that the “terrorist watchlist” database compiled by Federal agencies and used by the Federal Bureau of Investigation and the Department of Homeland Security violates the rights of American citizens who are on it.

The ruling, first reported by The New York Times, raises questions about the constitutionality of the practice, which was initiated in the wake of the September 11 terrorist attacks.

The Terrorist Screening Database is used both domestically and internationally by law enforcement and other federal agencies and inclusion on the database can have negative consequences — including limiting the ability of citizens whose names are on the list to travel.

The U.S. government has identified more than 1 million people as “known or suspected terrorists” and included them on the watchlist, according to reporting from the Associated Press.

The ruling from U.S. District Judge Anthony Trenga is the culmination of several years of hearings on the complaint, brought to court by roughly two dozen Muslim U.S. citizens with the support of Muslim civil-rights group, the Council on American Islamic Relations.

The methodology the government used to add names to the watch list was shrouded in secrecy and citizens placed on the list often had no way of knowing how or why they were on it. Indeed, much of the plaintiffs lawsuit hinged on the over-broad and error-prone ways in which the list was updated and maintained.

“The vagueness of the standard for inclusion in the TSDB, coupled with the lack of any meaningful restraint on what constitutes grounds for placement on the Watchlist, constitutes, in essence, the absence of any ascertainable standard for inclusion and exclusion, which is precisely what offends the Due Process Clause,” wrote Judge Trenga.

In court, lawyers for the FBI contended that any difficulties the 21 Muslim plaintiffs suffered were outweighed by the government’s need to combat terrorist threats.

Judge Trenga disagreed. Especially concerning for the judge were the potential risks to an individual’s reputation as a result of their inclusion on the watchlist. That’s because the list isn’t just distributed to federal law enforcement agencies, but also finds its way into the hands of over 18,000 state, local,  county, city,  university and college, and tribal and federal law enforcement agencies and another 533 private entities. The judge was concerned that mistaken inclusion on the watchlist could have negative implications in interactions with local law enforcement and potential employers or local government services.

“Every step of this case revealed new layers of government secrets, including that the government shares the watchlist with private companies and more than sixty foreign countries,” said CAIR Senior Litigation Attorney Gadeir Abbas. “CAIR will continue its fight until the full scope of the government’s shadowy watchlist activities is disclosed to the American public.”

Federal agencies have consistently expanded the number of names on the watchlist over the years. As of June 2017, 1.16 million people were included on the watchlist, according to government documents filed in the lawsuit and cited by the AP — with roughly 4,600 of those names belonging to U.S. citizens and lawful permanent residents. In 2013, that number was 680,000, according to the AP.

“The fundamental principle of due process is notice and the opportunity to be heard,” said CAIR Trial Attorney Justin Sadowsky. “Today’s opinion provides that due process guarantee to all Americans affected by the watchlist.”


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Reps from DHS, the FBI and the ODNI met with tech companies at Facebook to talk election security – gpgmail


Representatives from the Federal Bureau of Investigation, the Office of the Director of National Intelligence and the Department of Homeland Security met with counterparts at tech companies including Facebook, Google, Microsoft and Twitter to discuss election security, Facebook confirmed.

The purpose was to build on previous discussions and further strengthen strategic collaboration regarding the security of the 2020 U.S. state, federal, and presidential elections,” according to a statement from Facebook head of cybersecurity policy, Nathaniel Gleicher.

First reported by Bloomberg, the meeting between America’s largest technology companies and the trio of government security agencies responsible for election security is a sign of how seriously the government and the country’s largest technology companies are treating the threat of foreign intervention into elections.

Earlier this year the Office of the Inspector General issued a report saying that the Department of Homeland Security has not done enough to safeguard elections in the United States.

Throughout the year, reports of persistent media manipulation and the dissemination of propaganda on social media platforms have cropped up not just in the United States but around the world.

In April, Facebook removed a number of accounts ahead of the Spanish election for their role in spreading misinformation about the campaign.

Companies have responded to the threat by updating different mechanisms for users to call out fake accounts and improving in-house technologies used to combat the spread of misinformation.

Twitter, for instance, launched a reporting tool whereby users can flag misleading tweets.

“Improving election security and countering information operations are complex challenges that no organization can solve alone,” said Gleicher in a statement. “Today’s meeting builds on our continuing commitment to work with industry and government partners, as well as with civil society and security experts, to better understand emerging threats and prepare for future elections.”


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Senate Intelligence Committee releases first volume of its investigation into Russian election hacking – TechCrunch


The Senate Select Committee on Intelligence today released the first volume of its bipartisan investigation into Russia’s attempts to interfere with the 2016 U.S. elections.

Helmed by Select Committee Chairman Richard Burr, the Republican from North Carolina, and Virginia Democratic Senator Mark Warner, who serves as vice chairman, the committee’s report, Russian Efforts Against Election Infrastructure,” details the unclassified summary findings on election security. 

Through two and a half years the committee has held 15 open hearings, interviewed more than 200 witnesses and reviewed nearly 400,000 documents, according to a statement, and will be publishing other volumes from its investigation over the next year. 

“In 2016, the U.S. was unprepared at all levels of government for a concerted attack from a determined foreign adversary on our election infrastructure. Since then, we have learned much more about the nature of Russia’s cyber activities and better understand the real and urgent threat they pose,” Committee Chairman Burr said in a statement. “The Department of Homeland Security and state and local elections officials have dramatically changed how they approach election security, working together to bridge gaps in information sharing and shore up vulnerabilities.”

Both Sen. Burr and Sen. Warner said that additional steps still needed to be taken.

“[There’s] still much more we can and must do to protect our elections. I hope the bipartisan findings and recommendations outlined in this report will underscore to the White House and all of our colleagues, regardless of political party, that this threat remains urgent, and we have a responsibility to defend our democracy against it.”

Among the Committee’s findings were that Russian hackers exploited the seams between federal and state authorities. State election officials, the report found, were not sufficiently warned or prepared to handle an attack from a state actor.

The warnings that were provided by the Federal Bureau of Investigation and the Department of Homeland Security weren’t detailed enough nor did they contain enough relevant information that would have encouraged the states to take threats more seriously, the report indicated.

More work still needs to be done, according to the Committee. DHS needs to coordinate its efforts with state officials much more closely. But states need to do more as well to ensure that new voting machines have a voter-verified paper trail. 

So does Congress. The committee report underscores that Congress needs to evaluate the results of the $380 million in state security grants which were issued under the Help America Vote Act and ensure that additional funding is available to address any security gaps in voting systems and technologies around the U.S.

Finally, the U.S. needs to create more appropriate deterrence mechanisms to enable the country to respond effectively to cyberattacks on elections.

The Committee’s support for greater spending on election security and refining electoral policy to ensure safe and secure access to the ballot comes as Senate majority leader Mitch McConnell of Kentucky has blocked two election security measures that were attempting to come before the Senate floor for a vote.

New York Democratic Senator Chuck Schumer tried to get consent to pass a House bill that requires the use of paper ballots and included new funding for the Election Assistance Commission.

In a statement explaining his rejection of the bill, McConnell told The Hill, “Clearly this request is not a serious effort to make a law. Clearly something so partisan that it only received one single solitary Republican vote in the House is not going to travel through the Senate by unanimous consent.”

McConnell also rejected a consent motion to pass legislation that would require candidates, campaign officials and family members reach out to the FBI if they received offers of assistance from foreign governments.



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