30
55
30
30
25 Years of Mass Surveillance Is Enough
Bruce Schneier and Cindy Cohn argue post-9/11 mass surveillance expanded far beyond its counterterrorism justification and should be reevaluated for costs to rights.
An essay by Bruce Schneier and Cindy Cohn (originally in Lawfare) traces the post-9/11 shift from targeted surveillance to mass collection of telephone and internet metadata. It cites the Section 215 bulk phone records program, struck down in interpretation by the Second Circuit in 2015 and curtailed by the USA Freedom Act, and the NSA's Upstream program under Section 702 of the 2008 FISA Amendments Act, which ended content searches in 2017. The authors note mass surveillance now serves routine law enforcement and immigration actions, with FBI Director Kash Patel confirming purchases of Americans' data from brokers, and private systems like Flock license plate readers and venue facial recognition feeding government access.
25
30
30
30
55
42
30
30
30
30
30
30
30
30
30
30
30
30
30
30
30
30
30
30
30
30
30
30
30
42
ICE Collecting DNA Samples
ICE's DNA collection program projects detainee samples to reach 33% of CODIS offender index by 2030, raising privacy concerns.
A Schneier on Security blog post discusses ICE collecting DNA samples from detainees, citing Georgetown Law research. DHS detainee samples are projected to constitute 33% of the FBI's CODIS offender index in 2030, up from 0.2% in 2019. The post raises concerns that samples collected under civil authority are being searched against crime scenes indefinitely, potentially without legal cause under Fourth Amendment standards.
25
American Being Prosecuted for Wiping His Phone Before Handing It Over to Border Officials
A U.S. citizen is being prosecuted for using GrapheneOS's duress passcode to wipe his phone before border officials could search it.
Tunick entered a dedicated wipe passcode in GrapheneOS, a hardened Android alternative running on his Google Pixel, erasing the device's contents when demanded by border officials. His attorneys confirmed the software was in use, and the prosecution is proceeding even though he was not under arrest. The case raises unresolved constitutional questions about what rights apply at the U.S. border, which the government has long treated as outside U.S. soil until entry is authorized. GrapheneOS publicly asserted the feature is legal and that laws weakening its protections would be unconstitutional.
40
30
30
30
55