Tuesday, June 27, 2006
Wars Force Army Equipment Costs to Triple
Another shamelessly copied piece of info for the gentle reader to digest. Or maybe throw up..... This article also brought up a question in my mind..... Do new limbs count as equipment, too?
By LOLITA C. BALDOR, Associated Press Writer
5 hours ago
WASHINGTON - The annual cost of replacing, repairing and upgrading Army equipment in Iraq and Afghanistan is expected to more than triple next year to more than $17 billion, according to Army documents obtained by the Associated Press.
From 2002 to 2006, the Army spent an average of $4 billion a year in annual equipment costs. But as the war takes a harder toll on the military, that number is projected to balloon to more than $12 billion for the federal budget year that starts next Oct. 1, the documents show.
The $17 billion also includes an additional $5 billion in equipment expenses that the Army requested in previous years but has not yet been provided.
The latest costs include the transfer of more than 1,200 2 1/2-ton trucks, nearly 1,100 Humvees and $8.8 million in other equipment from the U.S. Army to the Iraqi security forces.
Army and Marine Corps leaders are expected to testify before Congress Tuesday and outline the growing costs of the war _ with estimates that it will cost between $12 billion and $13 billion a year for equipment repairs, upgrades and replacements from now on.
The Marine Corps has said in recent testimony before Congress that it would need nearly $12 billion to replace and repair all the equipment worn out or lost to combat in the past four years. So far, the Marines have received $1.6 billion toward those costs to replace and repair the equipment.
According to the Army, the $17 billion includes:
_$2.1 billion in equipment that must be replaced because of battle losses.
_About $6.5 billion for repairs.
_About $8.4 billion to rebuild or upgrade equipment.
One of the growing costs is the replacement of Humvees, which are wearing out more quickly because of the added armor they are carrying to protect soldiers from roadside bombs. The added weight is causing them to wear out faster, decreasing the life of the vehicles.
Congress has provided about $21 billion for equipment costs in emergency supplemental budget bills from 2002-06. All the war equipment expenses have been funded through those emergency bills, and not in the regular fiscal-year budgets.
Pentagon officials have estimated that such emergency bills would have to continue two years beyond the time the U.S. pulls out of Iraq in order to fully replace, repair and rebuild all of the needed equipment.
The push for additional equipment funding comes after the House last week passed a $427 billion defense spending bill for the fiscal year beginning Oct. 1, which includes $50 billion for military operations in Iraq and Afghanistan. A separate $66 billion emergency funding bill for the two wars was approved earlier in the month.
War-related costs since 2001 are approaching half a trillion dollars.
Thursday, June 22, 2006
AT&T Says Your Information is Not Yours (Also, We Will Monitor What You Say and Do with Our Content)
AWD Writes: Motherfucking shitballs. Companies can now make policies that are above and beyond law, and enforce them. I know that we can't all drop AT&T (ever heard of an internet 'backbone'?) but we could choose other telecoms over them for some services.....
We all thought the internet was freedom. I guess it was for awhile, somewhere around 10 years ago. It's now gonna be the tool that governments and corporations use to get not only in your house, but in your head. Did ya ever see the movie Minority Report? Basically, people in the future are arrested before they commit crimes. Imagine for a moment, you look up info about bombs and the president being a stupidass fucknugget; you will probably be arrested because AT&T and the government are scared that you might do something. Ever closer, the corporate police state marches, kids.
By: David Lazarus, San Francisco Chronicle
AT&T has issued an updated privacy policy that takes effect Friday. The changes are significant because they appear to give the telecom giant more latitude when it comes to sharing customers' personal data with government officials.
The new policy says that AT&T -- not customers -- owns customers' confidential info and can use it "to protect its legitimate business interests, safeguard others, or respond to legal process."
The policy also indicates that AT&T will track the viewing habits of customers of its new video service -- something that cable and satellite providers are prohibited from doing.
Moreover, AT&T (formerly known as SBC) is requiring customers to agree to its updated privacy policy as a condition for service -- a new move that legal experts say will reduce customers' recourse for any future data sharing with government authorities or others.
The company's policy overhaul follows recent reports that AT&T was one of several leading telecom providers that allowed the National Security Agency warrantless access to its voice and data networks as part of the Bush administration's war on terror.
"They're obviously trying to avoid a hornet's nest of consumer-protection lawsuits," said Chris Hoofnagle, a San Francisco privacy consultant and former senior counsel at the Electronic Privacy Information Center.
"They've written this new policy so broadly that they've given themselves maximum flexibility when it comes to disclosing customers' records," he said.
AT&T is being sued by San Francisco's Electronic Frontier Foundation for allegedly allowing the NSA to tap into the company's data network, providing warrantless access to customers' e-mails and Web browsing.
AT&T is also believed to have participated in President Bush's acknowledged domestic spying program, in which the NSA was given warrantless access to U.S. citizens' phone calls.
AT&T said in a statement last month that it "has a long history of vigorously protecting customer privacy" and that "our customers expect, deserve and receive nothing less than our fullest commitment to their privacy."
But the company also asserted that it has "an obligation to assist law enforcement and other government agencies responsible for protecting the public welfare, whether it be an individual or the security interests of the entire nation."
Under its former privacy policy, introduced in September 2004, AT&T said it might use customer's data "to respond to subpoenas, court orders or other legal process, to the extent required and/or permitted by law."
The new version, which is specifically for Internet and video customers, is much more explicit about the company's right to cooperate with government agencies in any security-related matters -- and AT&T's belief that customers' data belongs to the company, not customers.
"While your account information may be personal to you, these records constitute business records that are owned by AT&T," the new policy declares. "As such, AT&T may disclose such records to protect its legitimate business interests, safeguard others, or respond to legal process."
It says the company "may disclose your information in response to subpoenas, court orders, or other legal process," omitting the earlier language about such processes being "required and/or permitted by law."
The new policy states that AT&T "may also use your information in order to investigate, prevent or take action regarding illegal activities, suspected fraud (or) situations involving potential threats to the physical safety of any person" -- conditions that would appear to embrace any terror-related circumstance.
Ray Everett-Church, a Silicon Valley privacy consultant, said it seems clear that AT&T has substantially modified its privacy policy in light of revelations about the government's domestic spying program.
"It's obvious that they are trying to stretch their blanket pretty tightly to cover as many exposed bits as possible," he said.
Gail Hillebrand, a staff attorney at Consumers Union in San Francisco, said the declaration that AT&T owns customers' data represents the most significant departure from the company's previous policy.
"It creates the impression that they can do whatever they want," she said. "This is the real heart of AT&T's new policy and is a pretty fundamental difference from how most customers probably see things."
John Britton, an AT&T spokesman, denied that the updated privacy policy marks a shift in the company's approach to customers' info.
"We don't see this as anything new," he said. "Our goal was to make the policy easier to read and easier for customers to understand."
He acknowledged that there was no explicit requirement in the past that customers accept the privacy policy as a condition for service. And he acknowledged that the 2004 policy said nothing about customers' data being owned by AT&T.
But Britton insisted that these elements essentially could be found between the lines of the former policy.
"There were many things that were implied in the last policy." He said. "We're just clarifying the last policy."
AT&T's new privacy policy is the first to include the company's video service. AT&T says it's spending $4.6 billion to roll out TV programming to 19 million homes nationwide.
The policy refers to two AT&T video services -- Homezone and U-verse. Homezone is AT&T's satellite TV service, offered in conjunction with Dish Network, and U-verse is the new cablelike video service delivered over phone lines.
In a section on "usage information," the privacy policy says AT&T will collect "information about viewing, game, recording and other navigation choices that you and those in your household make when using Homezone or AT&T U-verse TV Services."
The Cable Communications Policy Act of 1984 stipulates that cable and satellite companies can't collect or disclose information about customers' viewing habits.
The law is silent on video services offered by phone companies via the Internet, basically because legislators never anticipated such technology would be available.
AT&T's Britton said the 1984 law doesn't apply to his company's video service because AT&T isn't a cable provider. "We are not building a cable TV network," he said. "We're building an Internet protocol television network."
But Andrew Johnson, a spokesman for cable heavyweight Comcast, disputed this perspective.
"Video is video is video," he said. "If you're delivering programming over a telecommunications network to a TV set, all rules need to be the same."
AT&T's new and former privacy policies both state that "conducting business ethically and ensuring privacy is critical to maintaining the public's trust and achieving success in a dynamic and competitive business climate."
Both also state that "privacy responsibility" extends "to the privacy of conversations and to the flow of information in data form." As such, both say that "the trust of our customers necessitates vigilant, responsible privacy protections."
The 2004 policy, though, went one step further. It said AT&T realizes "that privacy is an important issue for our customers and members."
The new policy makes no such acknowledgment.
David Lazarus' column appears Wednesdays, Fridays and Sundays. Send tips or feedback to dlazarus@sfchronicle.com
We all thought the internet was freedom. I guess it was for awhile, somewhere around 10 years ago. It's now gonna be the tool that governments and corporations use to get not only in your house, but in your head. Did ya ever see the movie Minority Report? Basically, people in the future are arrested before they commit crimes. Imagine for a moment, you look up info about bombs and the president being a stupidass fucknugget; you will probably be arrested because AT&T and the government are scared that you might do something. Ever closer, the corporate police state marches, kids.
By: David Lazarus, San Francisco Chronicle
AT&T has issued an updated privacy policy that takes effect Friday. The changes are significant because they appear to give the telecom giant more latitude when it comes to sharing customers' personal data with government officials.
The new policy says that AT&T -- not customers -- owns customers' confidential info and can use it "to protect its legitimate business interests, safeguard others, or respond to legal process."
The policy also indicates that AT&T will track the viewing habits of customers of its new video service -- something that cable and satellite providers are prohibited from doing.
Moreover, AT&T (formerly known as SBC) is requiring customers to agree to its updated privacy policy as a condition for service -- a new move that legal experts say will reduce customers' recourse for any future data sharing with government authorities or others.
The company's policy overhaul follows recent reports that AT&T was one of several leading telecom providers that allowed the National Security Agency warrantless access to its voice and data networks as part of the Bush administration's war on terror.
"They're obviously trying to avoid a hornet's nest of consumer-protection lawsuits," said Chris Hoofnagle, a San Francisco privacy consultant and former senior counsel at the Electronic Privacy Information Center.
"They've written this new policy so broadly that they've given themselves maximum flexibility when it comes to disclosing customers' records," he said.
AT&T is being sued by San Francisco's Electronic Frontier Foundation for allegedly allowing the NSA to tap into the company's data network, providing warrantless access to customers' e-mails and Web browsing.
AT&T is also believed to have participated in President Bush's acknowledged domestic spying program, in which the NSA was given warrantless access to U.S. citizens' phone calls.
AT&T said in a statement last month that it "has a long history of vigorously protecting customer privacy" and that "our customers expect, deserve and receive nothing less than our fullest commitment to their privacy."
But the company also asserted that it has "an obligation to assist law enforcement and other government agencies responsible for protecting the public welfare, whether it be an individual or the security interests of the entire nation."
Under its former privacy policy, introduced in September 2004, AT&T said it might use customer's data "to respond to subpoenas, court orders or other legal process, to the extent required and/or permitted by law."
The new version, which is specifically for Internet and video customers, is much more explicit about the company's right to cooperate with government agencies in any security-related matters -- and AT&T's belief that customers' data belongs to the company, not customers.
"While your account information may be personal to you, these records constitute business records that are owned by AT&T," the new policy declares. "As such, AT&T may disclose such records to protect its legitimate business interests, safeguard others, or respond to legal process."
It says the company "may disclose your information in response to subpoenas, court orders, or other legal process," omitting the earlier language about such processes being "required and/or permitted by law."
The new policy states that AT&T "may also use your information in order to investigate, prevent or take action regarding illegal activities, suspected fraud (or) situations involving potential threats to the physical safety of any person" -- conditions that would appear to embrace any terror-related circumstance.
Ray Everett-Church, a Silicon Valley privacy consultant, said it seems clear that AT&T has substantially modified its privacy policy in light of revelations about the government's domestic spying program.
"It's obvious that they are trying to stretch their blanket pretty tightly to cover as many exposed bits as possible," he said.
Gail Hillebrand, a staff attorney at Consumers Union in San Francisco, said the declaration that AT&T owns customers' data represents the most significant departure from the company's previous policy.
"It creates the impression that they can do whatever they want," she said. "This is the real heart of AT&T's new policy and is a pretty fundamental difference from how most customers probably see things."
John Britton, an AT&T spokesman, denied that the updated privacy policy marks a shift in the company's approach to customers' info.
"We don't see this as anything new," he said. "Our goal was to make the policy easier to read and easier for customers to understand."
He acknowledged that there was no explicit requirement in the past that customers accept the privacy policy as a condition for service. And he acknowledged that the 2004 policy said nothing about customers' data being owned by AT&T.
But Britton insisted that these elements essentially could be found between the lines of the former policy.
"There were many things that were implied in the last policy." He said. "We're just clarifying the last policy."
AT&T's new privacy policy is the first to include the company's video service. AT&T says it's spending $4.6 billion to roll out TV programming to 19 million homes nationwide.
The policy refers to two AT&T video services -- Homezone and U-verse. Homezone is AT&T's satellite TV service, offered in conjunction with Dish Network, and U-verse is the new cablelike video service delivered over phone lines.
In a section on "usage information," the privacy policy says AT&T will collect "information about viewing, game, recording and other navigation choices that you and those in your household make when using Homezone or AT&T U-verse TV Services."
The Cable Communications Policy Act of 1984 stipulates that cable and satellite companies can't collect or disclose information about customers' viewing habits.
The law is silent on video services offered by phone companies via the Internet, basically because legislators never anticipated such technology would be available.
AT&T's Britton said the 1984 law doesn't apply to his company's video service because AT&T isn't a cable provider. "We are not building a cable TV network," he said. "We're building an Internet protocol television network."
But Andrew Johnson, a spokesman for cable heavyweight Comcast, disputed this perspective.
"Video is video is video," he said. "If you're delivering programming over a telecommunications network to a TV set, all rules need to be the same."
AT&T's new and former privacy policies both state that "conducting business ethically and ensuring privacy is critical to maintaining the public's trust and achieving success in a dynamic and competitive business climate."
Both also state that "privacy responsibility" extends "to the privacy of conversations and to the flow of information in data form." As such, both say that "the trust of our customers necessitates vigilant, responsible privacy protections."
The 2004 policy, though, went one step further. It said AT&T realizes "that privacy is an important issue for our customers and members."
The new policy makes no such acknowledgment.
David Lazarus' column appears Wednesdays, Fridays and Sundays. Send tips or feedback to dlazarus@sfchronicle.com
Wednesday, June 21, 2006
AP: Police got phone data from brokers
The AngryWoofDog Writes: Everything that you say or do using communications technology is looked at, filtered, gathered, databased, organised, available, bought, sold, traded, and used by so-called "enforcers of laws" and corporations..... The companies make money and the cops get to arrest you and seize your assets for things that you might do in the future. Don't think we're headed to a police state? Don't think that this blog ain't already on Dubya's Top 10,000 dissent list? Think again.
By TED BRIDIS and JOHN SOLOMON, Associated Press Writers Tue Jun 20, 6:42 AM ET
WASHINGTON - Numerous federal and local law enforcement agencies have bypassed subpoenas and warrants designed to protect civil liberties and gathered Americans' personal telephone records from private-sector data brokers.
These brokers, many of whom advertise aggressively on the Internet, have gotten into customer accounts online, tricked phone companies into revealing information and even acknowledged that their practices violate laws, according to documents gathered by congressional investigators and provided to The Associated Press.
The law enforcement agencies include offices in the
Homeland Security Department and Justice Department — including the
FBI and U.S. Marshal's Service — and municipal police departments in California, Colorado, Florida, Georgia and Utah. Experts believe hundreds of other departments frequently use such services.
"We are requesting any and all information you have regarding the above cell phone account and the account holder ... including account activity and the account holder's address," Ana Bueno, a police investigator in Redwood City, Calif., wrote in October to PDJ Investigations of Granbury, Texas.
An agent in Denver for U.S. Immigration and Customs Enforcement, Anna Wells, sent a similar request on March 31 on Homeland Security stationery: "I am looking for all available subscriber information for the following phone number," Wells wrote to a corporate alias used by PDJ.
Congressional investigators estimated the U.S. government spent $30 million last year buying personal data from private brokers. But that number likely understates the breadth of transactions, since brokers said they rarely charge law enforcement agencies any price.
PDJ said it always provided help to police for free. "Agencies from all across the country took advantage of it," said PDJ's lawyer, Larry Slade of Los Angeles.
A lawmaker who has investigated the industry said Monday he was concerned by the practices of data brokers.
"We know law enforcement has used this because it is easily obtained and you can gather a lot of information very quickly," said Rep. Ed Whitfield, R-Ky., head of the House Energy and Commerce investigations subcommittee. The panel expects to conduct hearings this week.
Whitfield said data companies will relentlessly pursue a target's personal information. "They will impersonate and use everything available that they have to convince the person who has the information to share it with them, and it's shocking how successful they are," Whitfield said. "They can basically obtain any information about anybody on any subject."
The congressman said laws on the subject are vague: "There's a good chance there are some laws being broken, but it's not really clear precisely which laws."
James Bearden, a Texas lawyer who represents four such data brokers, compared the companies' activities to the National Security Agency, which reportedly compiles the phone records of ordinary Americans.
"The government is doing exactly what these people are accused of doing," Bearden said. "These people are being demonized. These are people who are partners with law enforcement on a regular basis."
The police agencies told AP they used the data brokers because it was quicker and easier than subpoenas, and their lawyers believe their actions were lawful. Some agencies, such as Immigrations and Customs Enforcement, instructed agents to stop the practice after congressional inquiries.
The U.S. Marshal's Service told AP it was examining its policies but compared services offered by data brokers to Web sites providing public telephone numbers nationally.
None of the police agencies interviewed by AP said they researched these data brokers to determine how they secretly gather sensitive information like names associated with unlisted numbers, records of phone calls, e-mail aliases — even tracing a person's location using their cellular phone signal.
"If it's on the Internet and it's been commended to us, we wouldn't do a full-scale investigation," Marshal's Service spokesman David Turner said. "We don't knowingly go into any source that would be illegal. We were not aware, I'm fairly certain, what technique was used by these subscriber services."
At Immigration and Customs Enforcement, spokesman Dean Boyd said agents did not pay for phone records and sought approval from U.S. prosecutors before making requests. Their goal was "to more quickly identify and filter out phone numbers that were unrelated to their investigations," Boyd said.
Targets of the police interest include alleged marijuana smugglers, car thieves, armed thugs and others. The data services also are enormously popular among banks and other lenders, private detectives and suspicious spouses. Customers included:
_A U.S. Labor Department employee who used her government e-mail address and phone number to buy two months of personal cellular phone records of a woman in New Jersey.
_A buyer who received credit card information about the father of murder victim Jon Benet Ramsey.
_A buyer who obtained 20 printed pages of phone calls by pro basketball player Damon Jones of the Cleveland Cavaliers.
The athlete was "shocked to learn somebody had obtained this information," said Mark Termini, his lawyer and agent in Cleveland. "When a person or agency is able to obtain by fraudulent means a person's personal information, that is something that should be prohibited by law."
PDJ's lawyer said no one at the company violated laws, but he acknowledged, "I'm not sure that every law enforcement agency in the country would agree with that analysis."
Many of the executives summoned to testify before Congress this week were expected to invoke their Fifth Amendment rights against self-incrimination and to decline to answer questions.
Slade said no one at PDJ impersonated customers to steal personal information, a practice known within the industry as pretexting.
"This was farmed out to private investigators," Slade said. "They had written agreements with their vendors, making sure the vendors were acquiring the information in legal ways."
Privacy advocates bristled over data brokers gathering records for police without subpoenas.
"This is pernicious, an end run around the Fourth Amendment," said Marc Rotenberg, head of the Washington-based Electronic Privacy Information Center, a leading privacy group that has sought tougher federal regulation of data brokers. "The government is encouraging unlawful conduct; it's not smart on the law enforcement side to be making use of information obtained improperly."
A federal agent who ordered phone records without subpoenas about a half-dozen times recently said he learned about the service from FBI investigators and was told this was a method to obtain phone subscriber information quicker than with a subpoena.
The agent, who spoke only on condition of anonymity because he is not authorized to speak with reporters, said he and colleagues use data brokers "when he have the need to act fairly quickly" because getting a subpoena can involve lengthy waits.
Waiting for a phone company's response to a subpoena can take several days or up to 45 days, said police supervisor Eric Stasiak of Redwood City, Calif. In some cases, a request to a data broker yields answers in just a few hours, Stasiak said.
Legal experts said law enforcement agencies would be permitted to use illegally obtained information from private parties without violating the Fourth Amendment's protection against unlawful search and seizure, as long as police did not encourage any crimes to be committed.
"If law enforcement is encouraging people in the private sector to commit a crime in getting these records that would be problematic," said Mark Levin, a former top Justice Department official under President Reagan. "If, on the other hand, they are asking data brokers if they have any public information on any given phone numbers that should be fine."
Levin said he nonetheless would have advised federal agents to use the practice only when it was a matter of urgency or national security and otherwise to stick to a legally bulletproof method like subpoenas for everyday cases.
Congress subpoenaed thousands of documents from data brokers describing how they collected telephone records by impersonating customers.
"I was shot down four times," Michele Yontef complained in an e-mail in July 2005 to a colleague. "I keep getting northwestern call center and they just must have had an operator meeting about pretext as every operator is clued in."
Yontef, who relayed another request for phone call records as early as February, was among those ordered to appear at this week's hearing.
Another company years ago even acknowledged breaking the law.
"We must break various rules of law in acquiring all the information we achieve for you," Touch Tone Information Inc. of Denver wrote to a law firm in 1998 that was seeking records of calls made on a calling card.
The FBI's top lawyers told agents as early as 2001 they can gather private information about Americans from data brokers, even information gleaned from mortgage applications and credit reports, which normally would be off-limits to the government under the U.S. Fair Credit Reporting Act.
FBI lawyers rationalized that even though data brokers may have obtained financial information, agents could still use the information because brokers were not acting as a consumer-reporting agency but rather as a data warehouse.
The FBI said it relies only on well-respected data brokers and expects agents to abide by the law. "The FBI can only collect and retain data available from commercial databases in strict compliance with applicable federal law," spokesman Mike Kortan said Monday.
By TED BRIDIS and JOHN SOLOMON, Associated Press Writers Tue Jun 20, 6:42 AM ET
WASHINGTON - Numerous federal and local law enforcement agencies have bypassed subpoenas and warrants designed to protect civil liberties and gathered Americans' personal telephone records from private-sector data brokers.
These brokers, many of whom advertise aggressively on the Internet, have gotten into customer accounts online, tricked phone companies into revealing information and even acknowledged that their practices violate laws, according to documents gathered by congressional investigators and provided to The Associated Press.
The law enforcement agencies include offices in the
Homeland Security Department and Justice Department — including the
FBI and U.S. Marshal's Service — and municipal police departments in California, Colorado, Florida, Georgia and Utah. Experts believe hundreds of other departments frequently use such services.
"We are requesting any and all information you have regarding the above cell phone account and the account holder ... including account activity and the account holder's address," Ana Bueno, a police investigator in Redwood City, Calif., wrote in October to PDJ Investigations of Granbury, Texas.
An agent in Denver for U.S. Immigration and Customs Enforcement, Anna Wells, sent a similar request on March 31 on Homeland Security stationery: "I am looking for all available subscriber information for the following phone number," Wells wrote to a corporate alias used by PDJ.
Congressional investigators estimated the U.S. government spent $30 million last year buying personal data from private brokers. But that number likely understates the breadth of transactions, since brokers said they rarely charge law enforcement agencies any price.
PDJ said it always provided help to police for free. "Agencies from all across the country took advantage of it," said PDJ's lawyer, Larry Slade of Los Angeles.
A lawmaker who has investigated the industry said Monday he was concerned by the practices of data brokers.
"We know law enforcement has used this because it is easily obtained and you can gather a lot of information very quickly," said Rep. Ed Whitfield, R-Ky., head of the House Energy and Commerce investigations subcommittee. The panel expects to conduct hearings this week.
Whitfield said data companies will relentlessly pursue a target's personal information. "They will impersonate and use everything available that they have to convince the person who has the information to share it with them, and it's shocking how successful they are," Whitfield said. "They can basically obtain any information about anybody on any subject."
The congressman said laws on the subject are vague: "There's a good chance there are some laws being broken, but it's not really clear precisely which laws."
James Bearden, a Texas lawyer who represents four such data brokers, compared the companies' activities to the National Security Agency, which reportedly compiles the phone records of ordinary Americans.
"The government is doing exactly what these people are accused of doing," Bearden said. "These people are being demonized. These are people who are partners with law enforcement on a regular basis."
The police agencies told AP they used the data brokers because it was quicker and easier than subpoenas, and their lawyers believe their actions were lawful. Some agencies, such as Immigrations and Customs Enforcement, instructed agents to stop the practice after congressional inquiries.
The U.S. Marshal's Service told AP it was examining its policies but compared services offered by data brokers to Web sites providing public telephone numbers nationally.
None of the police agencies interviewed by AP said they researched these data brokers to determine how they secretly gather sensitive information like names associated with unlisted numbers, records of phone calls, e-mail aliases — even tracing a person's location using their cellular phone signal.
"If it's on the Internet and it's been commended to us, we wouldn't do a full-scale investigation," Marshal's Service spokesman David Turner said. "We don't knowingly go into any source that would be illegal. We were not aware, I'm fairly certain, what technique was used by these subscriber services."
At Immigration and Customs Enforcement, spokesman Dean Boyd said agents did not pay for phone records and sought approval from U.S. prosecutors before making requests. Their goal was "to more quickly identify and filter out phone numbers that were unrelated to their investigations," Boyd said.
Targets of the police interest include alleged marijuana smugglers, car thieves, armed thugs and others. The data services also are enormously popular among banks and other lenders, private detectives and suspicious spouses. Customers included:
_A U.S. Labor Department employee who used her government e-mail address and phone number to buy two months of personal cellular phone records of a woman in New Jersey.
_A buyer who received credit card information about the father of murder victim Jon Benet Ramsey.
_A buyer who obtained 20 printed pages of phone calls by pro basketball player Damon Jones of the Cleveland Cavaliers.
The athlete was "shocked to learn somebody had obtained this information," said Mark Termini, his lawyer and agent in Cleveland. "When a person or agency is able to obtain by fraudulent means a person's personal information, that is something that should be prohibited by law."
PDJ's lawyer said no one at the company violated laws, but he acknowledged, "I'm not sure that every law enforcement agency in the country would agree with that analysis."
Many of the executives summoned to testify before Congress this week were expected to invoke their Fifth Amendment rights against self-incrimination and to decline to answer questions.
Slade said no one at PDJ impersonated customers to steal personal information, a practice known within the industry as pretexting.
"This was farmed out to private investigators," Slade said. "They had written agreements with their vendors, making sure the vendors were acquiring the information in legal ways."
Privacy advocates bristled over data brokers gathering records for police without subpoenas.
"This is pernicious, an end run around the Fourth Amendment," said Marc Rotenberg, head of the Washington-based Electronic Privacy Information Center, a leading privacy group that has sought tougher federal regulation of data brokers. "The government is encouraging unlawful conduct; it's not smart on the law enforcement side to be making use of information obtained improperly."
A federal agent who ordered phone records without subpoenas about a half-dozen times recently said he learned about the service from FBI investigators and was told this was a method to obtain phone subscriber information quicker than with a subpoena.
The agent, who spoke only on condition of anonymity because he is not authorized to speak with reporters, said he and colleagues use data brokers "when he have the need to act fairly quickly" because getting a subpoena can involve lengthy waits.
Waiting for a phone company's response to a subpoena can take several days or up to 45 days, said police supervisor Eric Stasiak of Redwood City, Calif. In some cases, a request to a data broker yields answers in just a few hours, Stasiak said.
Legal experts said law enforcement agencies would be permitted to use illegally obtained information from private parties without violating the Fourth Amendment's protection against unlawful search and seizure, as long as police did not encourage any crimes to be committed.
"If law enforcement is encouraging people in the private sector to commit a crime in getting these records that would be problematic," said Mark Levin, a former top Justice Department official under President Reagan. "If, on the other hand, they are asking data brokers if they have any public information on any given phone numbers that should be fine."
Levin said he nonetheless would have advised federal agents to use the practice only when it was a matter of urgency or national security and otherwise to stick to a legally bulletproof method like subpoenas for everyday cases.
Congress subpoenaed thousands of documents from data brokers describing how they collected telephone records by impersonating customers.
"I was shot down four times," Michele Yontef complained in an e-mail in July 2005 to a colleague. "I keep getting northwestern call center and they just must have had an operator meeting about pretext as every operator is clued in."
Yontef, who relayed another request for phone call records as early as February, was among those ordered to appear at this week's hearing.
Another company years ago even acknowledged breaking the law.
"We must break various rules of law in acquiring all the information we achieve for you," Touch Tone Information Inc. of Denver wrote to a law firm in 1998 that was seeking records of calls made on a calling card.
The FBI's top lawyers told agents as early as 2001 they can gather private information about Americans from data brokers, even information gleaned from mortgage applications and credit reports, which normally would be off-limits to the government under the U.S. Fair Credit Reporting Act.
FBI lawyers rationalized that even though data brokers may have obtained financial information, agents could still use the information because brokers were not acting as a consumer-reporting agency but rather as a data warehouse.
The FBI said it relies only on well-respected data brokers and expects agents to abide by the law. "The FBI can only collect and retain data available from commercial databases in strict compliance with applicable federal law," spokesman Mike Kortan said Monday.
Tuesday, June 20, 2006
oh shit, i don't know
just haven't posted in a while..... nothing much to post about. the world is fucked and we're all to blame.
oh yeah. i've decided to give up compassion and fully embrace my anger and frustration. maybe the kickboxing class i'm gonna take will help with that. and anyone that ever thought i was sweet, nice quiet person has never really known me and the furious temper within.
on that note, i'm signing off. l8tr.
oh yeah. i've decided to give up compassion and fully embrace my anger and frustration. maybe the kickboxing class i'm gonna take will help with that. and anyone that ever thought i was sweet, nice quiet person has never really known me and the furious temper within.
on that note, i'm signing off. l8tr.
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