FOI request for FBI use of data secretly collected from smart phones: denied!

A while back, I  posted about CarrierIQ and its ‘rootkit of all evil’.

In it are links which demonstrate how CarrierIQ has embedded code into smart phones which runs in the background and is not easily accessible to the phone’s user (with no notification to the user that it is running, much less choices to ‘opt out’).  This code records everything the phone is used for and reports this information back to CarrierIQ – even if the user is not in any contract with the company, or has indeed ever heard of its existence.  This information contains:

  • GPS information
  • incoming and outgoing phone calls
  • details of internet access and use, including encrypted data (like passwords)
  • all keystroke information

In another post, I have written about INDECT:  the EU’s proposed regime of continuous surveillance of member states’ citizenry for the purpose of identifying ‘unusual behaviour’, which would then be brought to the attention of police for ‘follow up’.  ‘Unusual behaviour’ would include (but not be limited to):

  • lingering too long in public areas
  • abnormal transit system use
  • internet habits that include visiting potentially ‘antisocial websites’
  • associating with ‘antisocial elements’
  • abnormal shopping habits

(In that post, I also provide a link to an article about CarrierIQ’s attempt to silence the researcher who first published information about its surveillance practices.)

The potential for abuse is so strong, it is difficult to overstate it…it seems that, increasingly, legislation is being drafted and passed all around the world not to safeguard against it, but to take advantage of it.

Here is an analysis (by a lawyer) of SOPA, just one such proposed pieces of legislation (in the USA) and the ways in which it breaches the constitution.

But if you are still not convinced that police agencies are warrantlessly accessing vast amounts of private data collected about citizens without their permission or knowledge, here is another piece of information you should consider:

‘A recent FOIA request to the Federal Bureau of Investigation for “manuals, documents or other written guidance used to access or analyze data gathered by programs developed or deployed by Carrier IQ” was met with a telling denial. In it, the FBI stated it did have responsive documents – but they were exempt under a provision that covers materials that, if disclosed, might reasonably interfere with an ongoing investigation.’

Indeed.

Our constitutions were written with the specific purpose of protecting the civil rights of citizens from their governments.  Most of us have forgotten this:  and our governments are increasingly passing laws which circumvent (if not directly breech) our unalienable rights which all written constitutions (starting with the Magna Carta) are but imperfect expressions of.

We need to wake up and oppose this passive tolerance of the increasingly corrupt and oppressive surveillance society – before it is too late!

H/T:  Tyr

US government abandons due process as it censors a polular blog for over a year

This is truly astonishing – and why SOPA and similar such nonsense must be opposed by all pro-free-speech people!!!

‘Imagine if the US government, with no notice or warning, raided a small but popular magazine’s offices over a Thanksgiving weekend, seized the company’s printing presses, and told the world that the magazine was a criminal enterprise with a giant banner on their building. Then imagine that it never arrested anyone, never let a trial happen, and filed everything about the case under seal, not even letting the magazine’s lawyers talk to the judge presiding over the case. And it continued to deny any due process at all for over a year, before finally just handing everything back to the magazine and pretending nothing happened. I expect most people would be outraged. I expect that nearly all of you would say that’s a classic case of prior restraint, a massive First Amendment violation, and exactly the kind of thing that does not, or should not, happen in the United States.

But, in a story that’s been in the making for over a year, and which we’re exposing to the public for the first time now, this is exactly the scenario that has played out over the past year — with the only difference being that, rather than “a printing press” and a “magazine,” the story involved “a domain” and a “blog.”‘

Read the full story at TechDirt – and weep, because this is not the only such case.

Then get ready to fight against oppression of free speech under ALL its guises!

Video of the December 3rd 2011 Caledonia arrests

Read the comentary at Voice Of Canada.

This video raises a number of things that I have been wondering about.

For example, the uniformed police officers do not display their badge numbers, making it impossible to identify them.  Is this legal?  If so, should it remain so?

Another question:  what recourse does a population have if a police force either refuses to enforce the laws of the land or enforces illegal orders?

In my never-humble-opinion, the only way an organizational corruption of this scale can be tackled is by holding the individuals within the organization personally responsible for their actions, including holding them personally responsible for following illegal orders to the maximum level the law permits.  Yes, this would mean legal action against individual police officers – if not criminal, then civil – even if these police officers are nice individuals.  Still, if they follow an illegal order, they must be accountable for this breech of law.

Of course, these are easy words to type and there is a world of difference between writing this and actually doing something about it.  Still, one ought to gather as much information first…

So, if you are knowledgable on this topic, please, comment and educate me on the laws, rules and procedures – and any other options legally available.  It would be much appreciated.

Because to my way of thinking, this is not a ‘native/non-native’ issue:  this is a policing issue and equality before the law issue!

 

UPDATE:  Here is a comment posted by Mark Vandermaas, which, in my neve-humble-opinion, is important enough to bump it into the ‘body’ of the post:

The scary part of Caledonia is that all the organizations, gov’t and NGO, that should have been pro-active in protecting the rights of the innocent were unwilling or unable to help: Human Rights Commission; Ombudsman (wanted to help, but not allowed to get involved in police issues); the Opposition (oh, how we tried); the Federal govt (not only wouldn’t they help Harper annointed Fantino as PC candidate!); the OCCPS (old agency for Police Services Act complaints); Haldimand’s Police Services Board; Haldimand Council (other than former Mayor Trainer); Cdn Civil Liberties Association (repeatedly begged them for help to no avail).

It would be hard to list here everything we tried, but some of the key things that worked well were:

1. Dr. King’s methods of peacefully confronting injustice and forcing them to violate your rights (techniques that he learned from Gandhi to influence the media and the conscience of the nation. When one protests with dignity and is willing to be verbally abused and assaulted without retaliating there is very little defence to this approach. Using it we actually caused the union radicals, anarchists, anti-Israel groups and native militants to curb their violence and aggression because – as one of them said at an anarchist’s conference, we were making THEM look like the racists by applying Dr. King’s methods. Just as King did not demonize whites, we did not demonize native people as a group (the thugs would disagree, of course). We tried our best to ensure people knew that the thugs didn’t speak for the good people of 6N.

2. Civil Lawsuits to a degree. I say that because while there were some important court victories such as the $20M Caledonia Class Action, the Brown-Chatwell settlements and some victories achieved by us via the small claim and superior courts, the fact is that racial policing is still practiced and the gov’t, 6N and the OPP have never apologized or ammended their policies.

3. Private Prosecutions under the CCofC. You know, of course, that Gary M, despite not being a lawyer, convinced the courts to charge 5 individual police officers for offences such as Mischief, Influencing Municipal Official and Obstructing Justice, and even won a case at the Court of Appeal. This has reigned in their abuses quite effectively, but apparently, they still have more to learn.

We’ve tried just about everything during the last 5 years. in the end, it’s not one magic bullet. It’s ordinary people taking advantage of every opportunity when presented and, as Gary says, ‘withstanding the test of time’ (while you’re being vilified, assaulted, and arrested). And…don’t wait for anyone to come to help. But, that’s the wonderful thing! A small group of committed people with no money, no power and no connections really can make a huge difference.

Having said all this, there were some good people who did help and paid a price for doing so. At risk of leaving someone out and inadvertently insulting them, I won’t try to list them. But one guy who doesn’t get enough credit is lawyer John Findlay of the Class Action, a lawyer who represents us in several cases including one where he helped mediate a solution whereby the OPP union finally admitted in writing they had no evidence we were inciting hate and violence. Couldn’t have done it without him.

Sorry to go on so long. Thks for listening.

Readers who want to know more should visit the Caledonia: No More Nightmares page at http://www.HelplessByBlatchford.ca which has videos and notes from our 2011 presentation of the same name in Ottawa – where you and I met. Thanks for being there, and thks for the coverage.

Mark Vandermaas
Editor, VoiceofCanada
Founder, Caledonia Victimis Project

John Robson interviews Gary McHale about the events at Caledonia

Have you heard about INDECT?

If you haven’t heard about INDECT ( Intelligent Information System Supporting Observation, Searching and Detection for Security of Citizens in Urban Environment), you are not alone – especially if you are on this side of the pond.

Or you might have heard of it and dismissed it as some sort of a paranoid conspiracy theory…which is exactly what some, including Wikipedia, imply it to be.

On the other hand, WikiLeaks takes it deadly seriously.  As does European Digital Rights (EDRI).

If you happen to be unaware that items like phones send constant streams of information about you – including installing a hidden keylogger – back to corporations you may have no commercial relationship with, here is an article with a video that shows, step-by-step, how this is being done. (Yes, when this information was first published, CarrierIQ tried to shut the source up with threats of lawsuits.)

And just to help you relax when you bring home a new video-game console…consider their enhanced sensory abilities (lip-reading, facial expression analysis to measure emotional states, enhanced speech recognition) in conjunction with the ‘back doors’ being built in to so many of our digital devices.

But, I digress…

The EU is planning to gather information about its citizens from ‘open sources’ (social media, chat-rooms, blogs) as well as public surveillance systems (like CCTV cameras to the GPS devices that they wish to legislate to be mandatory in every vehicle in order to ‘monitor traffic patterns’), their surfing habits, their shopping habits (remember all those ‘loyalty cards’?), to all other policing methods.  Then they plan to run this mass of data through some algorithms which will analyze the language used by specific citizens with their public behaviours (say, like sitting in a public place for longer than ‘normal’) and online preferences, cross-reference it all and come up with ‘automated dossiers’ which will alert police officers to go check out specific citizens deemed to have ‘abnormal behaviour’.

All this is to be done by an arms-lenght (translation:  completely unaccountable) agency which is as transparent as tar, overseen by a police-agency dominated board.  As this agency is an EU creature, all the member states would be compelled to give it full access to citizen information, from financial to DNA databases.

Of course, we know this is the direction our society is moving in – but I suspect most of us have not been aware of the degree to which this has already been happening and just how lacking we are in any privacy rights.

Perhaps we ought to pay more attention…

H/T:  HackerNews

Ontario Provincial Police racially profiles & arrests 8 people in Caledonia, Ontario

It is difficult to believe that this is still going on…

Canada in general, Ontario in particular, have recently been absorbed in the Attawapiscat scandalmillions of dollars have gone to support an aboriginal community of a few thousand people, yet the living conditions for ‘regular’ band members there are so deplorable and despicable, words fail me.  This is a very difficult situation to deal with:  the current rules/regulation/philosophy imprisons our native populations in far northern ghettos in the name of ‘protecting them’…yes, the language of ‘tyranny of the nice’ – oppressing people while all the time pretending that one is doing it in their name.

Here is some excellent commentary on this topic  (including an interview with the brilliant and Honourable Patrick Brazeau).  (Aside and completely unrelated:  senator Brazeau comes from the Kitigan Zibi community which twins Maniwaki.  This region is in one of the most beautiful corners of the world – one I have visited annually for about two decades and which has completely enchanted me, my spouse and our children.  It would be difficult to convince me that there could possibly be a more beautiful area in all the world!)

Yet, when I was in a fast-food restaurant in Maniwaki only 3-4 years ago,  I personally witnessed  the residents from Kitigan Zibi be refused service on the grounds that the person taking their order did not understand English and thus could not serve them.  Standing directly behind them in the line, I (being the nagging person that I am) decided to, on this occasion, use English only to order and I feigned inability to speak or comprehend French:  yet I was served without any difficulty!  Incensed – yet afraid to make a scene (it was not my neighbourhood to rock the proverbial boat in), after I was served, I went and caught up with the people who were refused service because they spoke English and were native – I offered to place the order for them, but, they declined.  I can understand their position…

So, yes – I can honestly say that I have experienced (as a witness) discrimination against Canadians, simply because they were Native Canadians.  And, yes – I was deeply disturbed by it.  And, yes – I DID all I thought was in my power to defeat it without adding animosity to the community in which it occurred.  This discrimination is not ‘theoretical’ – and it is something that I condemn, with every fibre of my being!!!

It is my deepest held principle that all humans must be treated as equals in the eyes of the law:  this focus on the individual is the only way we can prevent the erosion of innate civil liberties that ‘group-politics’ of the totalitarian/collectivist Cultural Marxism is fighting to defeat.

This is why I am just as upset that people were discriminated against for NOT being ‘natives’ as I am that people were discriminated FOR being ‘natives’!!!

Yet, this is exactly what has happened in Caledonia…

Read the latest shameful details here.

As long as people are discriminated against on the basis of race – whether ‘in’ or ‘out’ is irrelevant – we can never have equality of citizens before the law!

And that is shameful – however anyone may try to justify it!

Update:  more information with pictures and video about what had happened in Caledonia.

Pat Condell: The Gathering Storm

Defending Freedom of Speech

OK – this is tough for me to admit:  I actually agree with something the McGuinty government’s policy on something!

Whenever this happens, I check my position – again and again…and I did so here.  Still, it is inevitable that even a government as misguided as McGuity’s will, eventually, get something right!

So, what is this singular policy of the McGuinty regime that I support?

It is their curriculum on sexual education, of course.

By the time they are 5 or 6 years of age, each and every child should be fully aware of the scientific facts surrounding reproduction – as well as of the effects sex hormones have on brain development, including all forms of atypical hormonal effects.

Why?

Because shortly after this age, a third phase of sex-hormone-driven brain differentiation will take place.  This third phase (the first take place in utero, the second shortly after birth) is, perhaps, the most nuanced in that it will greatly emphasize the gradations that demonstrate the continuity – rather than discreetness – in the gender ‘category’.

In other words, the more science we know, the less able are we to define what is ‘male’ versus what is ‘female’.

The old ‘X’ and ‘Y’ chromosome convention simply fails, especially when we have ‘XX’ individuals with external presentations as ‘male’ and ‘XY’ individuals with external presentations as ‘female’.  And don’t even get me started on ‘XXY’ individuals, who can present as either male or female – and who are fully capable of reproducing as such.  Then there are ‘XXXY’ males, who are typically unusually prone to cruelty and violence.

In addition to these many variations along the line between male and female, there are numerous hormonal effects that have nothing to do with the genetic makeup but with maternal health during pregnancy, which will also affect the hormone-caused brain differentiation:  the variations here are numerous – and all are shown to become more prominent (and more consciously comprehended by the individuals affected) in this age-group.

Of course, this does not account for more typically male/female ‘reasoning’ associated with non-hormonal effects, but, say, things like Aspergers’ syndrome and other perfectly naturals states of being!  Those effects, too, become acutely felt at this stage of development.

In other words, I think it is essential that, at the latest by grade 1, sex education must inform children that ‘male’ and ‘female’ are cultural constructs of convenience, which nobody really properly fits in – and that this is natural and normal.  (I would add to this that we should all boycott all events, cultural or sports, that continue to differentiate against individuals based on this artificial and unnecessary group construct – but, then again, I have a deeper sense of fairness than most people!  After all, a person’s a person, no matter where they fall in the ‘sexual differentiation’ continuum…)

Having explained my position, it will, perhaps, be clear just how abhorrent and irrational I find the advertisement that Sun media is running – and which has got a lot of people up in arms – for the right and the wrong reasons.

What I find even more abhorrent is the tactics employed by some opponents of this ad in order to intimidate and silence those who made the ad, approved the ad and aired the ad!!!

Having said this, here is a link to Brian Lilley talking about – and showing – the ad in question!

Nothing is more essential in a society than preserving the freedom of speech.  I find this speech particularly foolish and destructive – but, I will fight to the death for the people who made the ad and paid for it to be aired to be able to do freely speak their foolish minds!!!

To do anything less would be standing by and not stopping evil – and we know where that leads!

The ends never justify the means.  To the contrary:  the means define the ends!

If we permit evil methods to pervail, even when they are employed to oppose an evil, destructuve message, we have already lost the war!

H/T:  BCF

BC Supreme Court rules against polygamy

The Supreme Court of British Columbia has upheld the law which forbids polygamy.  This is an important ruling – and one which is bound to end up before the Supreme Court of Canada.

It is also an issue I am deeply conflicted on:  just where does the line lie between individual choice and State interference lie?

This article by Lorne Gunther in the National Post captures much of my own thinking on the subject:

“On an intellectual level, polygamy amongst men and women who have reached the age of consent should be no one else’s business but the participants’.”

“The cold, hard fact is that in the real world, non child-abusing polygamists are pretty much non-existent. Non-wife-abusing polygamists are rare, too.”

While I might disagree with some minor points Mr. Gunther makes, these are tangential to the subject of his article, the body of which reflects my own opinions quite accurately.

Let’s hope that now that we have confirmation of the validity of anti-polygamy laws, these laws will be applied to all members of our society equally!

 

City of Toronto ‘multifaith’ prayer room

BlazingCatFur got a tip:

‘The cab driver was mortified to see that prayer room, it is in no way shape or form inclusive or respectful of others, in fact it’s downright threatening to those who suffered at the hands of Muslims in their countries of origin.’

Living up to the challenge and went to investigate:

Head over to his site and check it out.

Of course, I maintain that prayer – under all circumstances – is demonstrably immoral and offensive and that not a penny of any taxpayer money must be permitted to go to anything even remotely related to religion(s).  No publicly funded prayer rooms, no publicly funded preachers and no praying in public.  That would avoid this all mess!

In somewhat related news, here is some advice from Mark Vandermaas over at VoiceOfCanada:

‘Our Western countries have become divided states, one part for the radicals and one for the majority of citizenry — and, by virtue of our free and fair society, they are both afforded the same rights.’

And, I know this is a few days old, but:  check out women’s rights under Sharia! (And, yes, this is precisely why we must not have a law banning the burka:  the moment the state is given the right to legislate how we dress, we are giving up our right and ability to protest against this.)