At 6:30 am this morning my time - 5:30 am on the East Coast of the US - I received a telephone call from someone who identified himself as a "security official at Heathrow airport." He told me that my partner, David Miranda, had been "detained" at the London airport "under Schedule 7 of the Terrorism Act of 2000."
David had spent the last week in Berlin, where he stayed with Laura Poitras, the US filmmaker who has worked with me extensively on the NSA stories. A Brazilian citizen, he was returning to our home in Rio de Janeiro this morning on British Airways, flying first to London and then on to Rio. When he arrived in London this morning, he was detained.
The stated purpose of this law, as the name suggests, is to question people about terrorism. The detention power, claims the UK government, is used "to determine whether that person is or has been involved in the commission, preparation or instigation of acts of terrorism."
But they obviously had zero suspicion that David was associated with a terrorist organization or involved in any terrorist plot. Instead, they spent their time interrogating him about the NSA reporting which Laura Poitras, the Guardian and I are doing, as well the content of the electronic products he was carrying. They completely abused their own terrorism law for reasons having nothing whatsoever to do with terrorism: a potent reminder of how often governments lie when they claim that they need powers to stop "the terrorists", and how dangerous it is to vest unchecked power with political officials in its name.
This is obviously a rather profound escalation of their attacks on the news-gathering process and journalism. It's bad enough to prosecute and imprison sources. It's worse still to imprison journalists who report the truth. But to start detaining the family members and loved ones of journalists is simply despotic.
Cops to Congress: We need logs of Americans' text messages
Topic: Civil Liberties
7:41 am EST, Dec 4, 2012
AT&T, Verizon Wireless, Sprint, and other wireless providers would be required to record and store information about Americans' private text messages for at least two years, according to a proposal that police have submitted to the U.S. Congress.
CNET has learned a constellation of law enforcement groups has asked the U.S. Senate to require that wireless companies retain that information, warning that the lack of a current federal requirement "can hinder law enforcement investigations."
They want an SMS retention requirement to be "considered" during congressional discussions over updating a 1986 privacy law for the cloud computing era -- a move that could complicate debate over the measure and erode support for it among civil libertarians.
As the popularity of text messages has exploded in recent years, so has their use in criminal investigations and civil lawsuits. They have been introduced as evidence in armed robbery, cocaine distribution, and wire fraud prosecutions. In one 2009 case in Michigan, wireless provider SkyTel turned over the contents of 626,638 SMS messages, a figure described by a federal judge as "staggering."
Chuck DeWitt, a spokesman for the Major Cities Chiefs Police Association, which represents the 63 largest U.S. police forces including New York City, Los Angeles, Miami, and Chicago, said "all such records should be retained for two years." Some providers, like Verizon, retain the contents of SMS messages for a brief period of time, while others like T-Mobile do not store them at all.
This is just laziness on LEA's part. You want text messages for someone? Get a warrant and start tapping. This is as stupid as "ISP's have to keep 100% of all logs for years in the event that we need 0.01% of the logs, well, maybe at some point... or not, and who cares what it costs them!"
Radley Balko of Reason.com posted this Tampa news channel's cheerful puff piece about a federal check point set up at a Greyhound bus station to pretend to stop terrorists, as well as nab unregistered immigrants, drug dealers, and cash smugglers.
It's not difficult to envision the day where anyone wishing to take mass transportation in this country will have to first submit to a government checkpoint, show ID, and answer questions about any excess cash, prescription medication, or any other items in his possession the government deems suspicious. If and when that happens, freedom of movement will essentially be dead. But it won't happen overnight. It'll happen incrementally. And each increment will, when taken in isolation, appear to some to be perfectly reasonable.