GPS Tracking, USA

Sunday, 25 November 2012

The tools once reserved for intelligence operatives have become increasingly cheap and available in recent years, and perhaps no one has benefited from this more than private investigators who make their money by monitoring suspected cheaters. No longer do they have to sit outside a seedy motel for hours, trying to take pictures of a philandering husband and his mistress entering a room together. They need only attach a GPS device to the suspected adulterer’s car, and the client’s suspicions can be confirmed.

In a landmark ruling in January, the US Supreme Court held that law enforcement use of GPS trackers to monitor movements constitutes a “search.” That means the technology falls under the Fourth Amendment’s protections against unreasonable searches and seizures, making it difficult for police to put a tracker on a car without first obtaining a warrant. But for private individuals, laws around the use of GPS trackers remain patchy, differing state to state.

Take California, Texas, Virginia, and Minnesota. These states allow private individuals to use tracking devices where the owner of a vehicle consents to it being monitored. Where there is no consent, it is considered a misdemeanor that can result in a fine and a jail sentence of six to 12 months. If a vehicle is jointly owned — say, by a husband and wife — and one owner wants to secretly track the other, it’s a murky area that’s as ethically dubious as it is legally contentious. However, that isn’t stopping private investigators — some of whom appear willing to track any vehicle regardless of its ownership.

In a bid to find out whether private eyes are adhering to the law, earlier this month I decided to dabble in a bit of undercover investigating of my own. Posing as a suspicious wife and using a fake email address, I wrote to a number of PIs in the states with the strictest laws on the use of GPS surveillance trackers. Those I randomly selected were all advertising a GPS service openly on their websites, and I emailed to request a quote for how much it would cost to “GPS monitor movements of my husband's car” over a two-week period.

Of the 20 investigators I contacted, 16 replied, and only one declined to offer me some sort of GPS tracking citing legal concerns. The majority of the PIs said they would do it on the condition that my name was on the title of the car, with some offering to provide a DVD of its movements and others offering “real-time” surveillance of the vehicle for me to watch live via cellphone or computer.

Two separate investigators in California I approached expressed no immediate concern for the state’s GPS tracking law, which unequivocally outlaws tracking a car without the consent of its owner. Still using the fake name and email address, I asked whether the investigators would be willing and able to monitor more than one vehicle at a time. “There is another person who I believe is involved with my husband and it would be useful for me to check her car's movements at the same time as my husband's,” I wrote.

The response from Irvine, Calif.-based Hudson Investigations was a straight yes. “I could do it for $1200 including install and removal,” company boss Rick Hudson, a former Orange County police officer, told me. I received a similarly affirmative answer from Western Investigations, a firm headquartered near San Diego that claims on its website to be one of the most experienced PI agencies in California. “You are looking at a total of $1,800 for 2 vehicles for 2 weeks of the tracking,” Western Investigations’ general manager wrote. “We will give you access to monitor it yourself during the entire course of the investigation. And if you would like a location history report at the conclusion of the investigation, we can do so as well.”

When I subsequently contacted Western Investigations under my real name about this story, I asked whether it was aware the service I requested is classified as a misdemeanor under California’s penal code. “If I gave you the wrong impression then I was mistaken,” the GM wrote back in an email, insisting that the company would not install a tracking device without the consent of the registered owner. Western Investigations’ owner Patrick Schneemann then told me in a separate message, “I can assure you that our company policy is that we do not use GPS in our investigations unless we have consent from the owner of the vehicle.”

Rick Hudson at Hudson Investigations said he was sure he had mentioned the legal constraints in his emails (he didn’t) and said that he wouldn’t put a tracker on any vehicle without signing a GPS agreement with the customer that says that they have the authorisation. Hudson added that he gets “so many calls regarding these tracking units that it's crazy.”

Other PI companies were reluctant to directly help me track the vehicles but instead offered to sell or rent me GPS tracking equipment. This would mean any unlawful use of the tracker would be on my shoulders and not those of a PI. In one instance, even after I informed Texas-based LP Dynamics that I was looking to track two vehicles, one of which had no ownership connection to me, I was offered "2 passive GPS units" for $125 each. A company representative emailed: "Just place on a vehicle, remove when you want and download to your computer to see where they have been." When I later contacted the company for this story, CEO Michael Morrison emailed that "we are a licensed private investigation corporation and not an attorney." Morrison rightly stated that LP Dynamics follows Texas law "to the letter" because the penal code covers only the installation of tracking systems but not the sale of the devices. This could be considered something of a legal loophole.

The solitary exception was California-based Orange Investigations, run by former military policeman Ryan Garrahy. Of the 16 that responded to me, Garrahy was the only PI to completely stonewall my request. Orange Investigations has previously provided GPS tracking for its clients, but Garrahy said he has stopped doing so “at this particular time” because of concerns about a possible rise in civil suits linked to the Supreme Court decision in January.

*****

Overall, the impression I got was that it was not difficult to find companies willing to help me track any vehicle, which could potentially result in a misdemeanor being committed. Even the investigators who were more cautious, telling me that they would only track a vehicle I had an “ownership interest” in, were on shaky ground. Though a case in Minnesota last year ruled that it was acceptable to use a GPS tracker on your spouse if you co-own the car, there is far from a legal consensus on the matter in other states.

Austin, Texas-based criminal lawyer Ian Inglis told me he thought that the Texas statute on tracking wasn’t constructed with joint ownership in mind. “Even if there’s no criminal liability, there could be some civil liability, and it might look bad in a divorce, too,” Inglis said. “Whether it’s your husband or wife, it’s a bad idea to track anybody’s car without their permission.”

In California, similarly, it’s a gray area. Hanni Fakhoury, staff attorney at the Electronic Frontier Foundation, said he wasn’t aware of any statutory California law that addressed the joint ownership question. Fakhoury referred to Georgia v. Randolph, a Supreme Court case where it was ruled that there needed to be joint agreement for the lawful search of a jointly owned property. According to Fakhoury, the joint consent deemed necessary in Randolph is consistent with other California law and so could feasibly apply to the use of trackers on a jointly owned vehicle. (Californian wiretap law, for instance, requires both parties to a conversation to consent to having the conversation recorded — unlike federal wiretap law, which only requires one party to consent.)

Contentious legal issues aside, what’s clear is that the use of GPS tracking devices is very far from being under control. While law enforcement agencies are now bound to consider the trackers as covered by the Fourth Amendment, in the private domain there’s a lack of clarity when it comes to the regulation. Where there are laws, in some cases they are being ignored, and where there is any ambiguity, it is being exploited — often by individuals who stand to make a profit.

As is frequently the case in the realm of surveillance, the technology is out of step with the law. High-tech tracking tools that would a decade ago have rarely been used outside police and military circles are available today to anyone with a credit card and access to the Internet. The technology is continuing to advance and is simultaneously becoming cheaper. And that’s not going to change any time soon.

SpyBase, a surveillance gadgets retailer based out of Torrance, Calif., has seen in recent years a rapid increase in sales of GPS trackers, a trend that’s continuing. The store’s owner, who didn’t want to be named, told me GPS trackers were his “best-sellers,” and that a sophisticated $299 real-time tracker called the PTX 5 was his customers’ favorite.

“PIs, police, private citizens,” he said. “It’s a very big market.”

This article first appeared at Slate.

Counter Surveillance

Friday, 2 November 2012

Lately, Mike Janke has been getting what he calls the “hairy eyeball” from international government agencies. The 44-year-old former Navy SEAL commando, together with two of the world’s most renowned cryptographers, was always bound to ruffle some high-level feathers with his new project — a surveillance-resistant communications platform that makes complex encryption so simple your grandma can use it.

After more than two years of preparation, last month the finished product hit the market. Named Silent Circle, it is in essence a series of applications that can be used on a mobile device to encrypt communications — text messages, plus voice and video calls. Currently, apps for the iPhone and iPad are available, with versions for Windows, Galaxy, Nexus, and Android in the works. An email service is also soon scheduled to launch.

The encryption is peer to peer, which means that Silent Circle doesn’t centrally hold a key that can be used to decrypt people’s messages or phone calls. Each phone generates a unique key every time a call is made, then deletes it straight after the call finishes. When sending text messages or images, there is even a “burn” function, which allows you to set a time limit on anything you send to another Silent Circle user — a bit like how “this tape will self destruct” goes down in Mission: Impossible, but without the smoke or fire.

Silent Circle began as an idea Janke had after spending 12 years working for the US military and later as a security contractor. When traveling overseas, he realised that there was no easy-to-use, trustworthy encrypted communications provider available to keep in touch with family back home. Cellphone calls, text messages, and emails sent over the likes of Hotmail and Gmail can just be “pulled right out of the air,” according to Janke, and he didn’t think the few commercial services offering encryption — like Skype and Hushmail — were secure enough. He was also made uneasy by reports about increased government snooping on communications. “It offended what I thought were my God-given rights — to be able to have a free conversation,” Janke says. “And so I began on this quest to find something to solve it.”

Janke assembled what he calls an “all-star team”: Phil Zimmermann, a recent inductee to the Internet’s Hall of Fame, who in 1991 invented PGP encryption, still considered the standard for email security. Jon Callas, the man behind Apple’s whole-disk encryption (which is used to secure hard drives in Macs across the world), became Silent Circle’s chief technology officer. Other employees were top engineers and ex-special-forces communications experts based in England, Latvia, and Germany. Together, they designed their own software, created a new encryption protocol called SCimp, registered their company offshore and outside US jurisdiction, then built up their own network in Canada. (They eventually plan to expand to Switzerland and Hong Kong.)

Though many encryption options already exist, they are often difficult to use, which is a barrier for those without the skills, patience, or time to learn. Silent Circle helps remove these hurdles. As a result, organisations that have a real need for secure communications but have maybe not understood how to implement them are coming forward and expressing interest in Silent Circle.

Janke says he’s already sold the technology worldwide to nine news outlets, presumably keen to help protect their journalists’ and sources’ safety through encryption. (ProPublica, for one, confirmed it’s had “preliminary discussions” with Silent Circle.) A major multinational company has already ordered 18,000 subscriptions for its staff, and a couple of A-list actors, including one Oscar winner, have been testing the beta version. The basic secure phone service plan will cost $20 a month per person, though Janke says a number of human rights groups and NGOs will be provided with the service for free.

The company has also attracted attention from 23 special operations units, intelligence agencies, and law enforcement departments in nine countries that are interested in using Silent Circle to protect the communications of their own employees — particularly on the personal devices that they use at home or bring to work. Some of these same agencies, perhaps unsurprisingly, have contacted Janke and his team with concerns about how the technology might be used by bad guys. Because Silent Circle is available to just about anyone, Janke accepts there is a real risk that a minority of users could abuse it for criminal purposes. But he argues you could say the same thing about baseball bats and says if the company is ever made aware someone is using the application for “bad illegal things” — he cites an example of a terrorist plotting a bomb attack — it reserves the right to shut off that person’s service and will do so “in seven seconds.”

The very features that make Silent Circle so valuable from a civil liberties and privacy standpoint make law enforcement nervous. Telecom firms in the United States, for instance, have been handing over huge troves of data to authorities under a blanket of secrecy and with very little oversight. Silent Circle is attempting to counter this culture by limiting the data it retains in the first place. It will store only the email address, 10-digit Silent Circle phone number, username, and password of each customer. It won’t retain metadata (such as times and dates calls are made using Silent Circle). Its IP server logs showing who is visiting the Silent Circle website are currently held for seven days, which Janke says the company plans to reduce to just 24 hours once the system is running smoothly.

Almost every base seems to have been covered. Biannually, the company will publish requests it gets from law enforcement in transparency reports, detailing the country of origin and the number of people the request encompassed. And any payment a person makes to Silent Circle will be processed through third-party provider Stripe, so even if authorities could get access to payment records, Janke says, “that in no way gives them access to the data, voice, and video the customer is sending-receiving ... nor does it tie the two together.” If authorities wanted to intercept the communications of a person using Silent Circle, it is likely they’d have to resort to deploying Trojan-style tools — infecting targeted devices with spyware to covertly record communications before they become encrypted.

Among security geeks and privacy advocates, however, there’s still far from consensus how secure Silent Circle actually is. Nadim Kobeissi, a Montreal-based security researcher and developer, took to his blog last month to pre-emptively accuse the company of “damaging the state of the cryptography community.” Kobeissi’s criticism was rooted in an assumption that Silent Circle would not be open source, a cornerstone of encrypted communication tools because it allows people to independently audit coding and make their own assessments of its safety (and to check for secret government backdoors). Christopher Soghoian, principal technologist at the ACLU's Speech Privacy and Technology Project, said he was excited to see a company like Silent Circle visibly competing on privacy and security but that he was waiting for it to go open source and be audited by independent security experts before he would feel comfortable using it for sensitive communications.

When I asked Janke about this, he said he recognised the importance of the open-source principle. He says the company, contrary to Kobeissi’s assertion, will be using a noncommercial open-source license, which will allow developers to “do their own builds” of Silent Circle. “We will put it all out there for scrutiny, inspection, and audit by anyone and everyone,” he added.

Another factor is that a number of countries are pushing for new surveillance laws that will force many communications providers to build in backdoors for wiretapping. The Silent Circle team has been following these developments closely, and it seems to have played into the decision to register offshore and locate its multimillion-dollar network outside US jurisdiction. Janke says he has consulted with Canada’s privacy commissioners and understands that the new effort to upgrade surveillance capabilities in Canada will not affect the company because its technology is encrypted peer-to-peer (making it technically incapable of facilitating a wiretap request even if it receives one).

But what if, one day down the line, things change and Canada or another country where Silent Circle has servers tries to force them to build in a secret backdoor for spying? Janke has already thought about that — and his answer sums up the maverick ethos of his company.

“We won’t be held hostage,” he says, without a quiver of hesitation. “All of us would rather shut Silent Circle down than ever allow a backdoor or be bullied into an ‘or else’ position.”

In an age of ever-increasing surveillance, it’s a gutsy stance to take. Perhaps Big Brother has finally met its match.

This article first appeared at Slate.

England's Far Right

Tuesday, 16 October 2012

In towns and cities across England, there are small pockets of men who are filled with seething rage. Threatening acts of violence, they pose for photographs holding guns and discuss potential targets on Internet forums. Despite what you might think, these men are not Islamic jihadists who sympathise with the terror group al-Qaida. They are “white nationalists” – extreme right-wing neo-Nazis who are growing increasingly bold and volatile.

Since 2010, far-right groups in the UK have become more and more fragmented. The British National Party (BNP) had enjoyed a small growth in popularity in the years prior to 2010. But the birth of the anti-Islamism organisation the English Defence League (EDL) in 2009 gradually drew many away from the BNP and towards grassroots street protest. Today, both the BNP and the EDL are in decline – though not because those on the extreme right have changed their views. The BNP now accepts black and Asian members, and the EDL has formed a “Jewish division.” For many on the hard right, who are devoutly racist and anti-Semitic, that is intolerable. As a result, small factions are choosing to take matters into their own hands.

“They are turning not to a popular Islamophobia so much as to real neo-Nazi extreme right wing,” says Dr Paul Jackson, director of the University of Northampton’s radicalism and new media unit. “Because the main EDL social movement itself has really lost its momentum, it has increasingly created the opportunity for these new groups to develop in localised pockets.”

Calling themselves names like the Infidels and the Combined Ex Forces, the splinter groups frequently exhibit hatred of anyone non-white – particularly Asians. Based across England, with hubs in Liverpool and Greater Manchester, some members have strong ties to the neo-Nazi National Front, which became notorious in the 1970s for demanding that all “coloured immigrants” be shipped out of Britain.

In previous decades other extreme far-right collectives, like the so-called Aryan Strike Force or Combat 18, have perpetrated and plotted acts of violence. However, the Internet has helped the latest incarnations of these far-right groups spread their ideas and build networks in new ways, according to Dr Jackson. “Disaffected people are vulnerable to it,” he says. “It’s so easily available online and can have quite a strong impact.”

One of the most active groups in England is the North West faction of the Infidels. The shadowy group says it is made up of “right-wing patriots, loyalists, and nationalists” who will “stand with anyone willing to fight the enemies of Britain and for the right of its indigenous people.” The Infidels say they are against “the Islamic takeover of parts of the UK,” multiculturalism, immigration and “the militant left.”

A Facebook page created by members of the Liverpool and Wirral branch of the Infidels displays a clear commitment to violence. The page, “liked” by more than 500 people, contains warnings about impending “civil unrest” alongside images of petrol bombs and men wielding rifles. Last month the group posted an image of the Houses of Parliament exploding in flames below the message “one day you lot will pay!” The group has also posted the home addresses of people apparently deemed legitimate targets for future vigilante attacks, such as, in one case, two Asian Rochdale councillors.

Last year, the government helped launch a campaign called Measuring Anti-Muslim Attacks (MAMA), designed to encourage the reporting of hate crimes. Fiyaz Mughal, the campaign’s director, says he has recently witnessed an “unbelievable” increase in anti-Muslim sentiment.

“It’s shocking because we’ve started to see over the last six months in particular is people being more violent in their threats online,” Mughal says. “It’s moving towards a much more violent and extreme outcome.”

MAMA is receiving anything between ten and 25 reports of anti-Muslim extremism every day, with specific “cluster points” in Glasgow, West Yorkshire, West Midlands, Luton, Greater Manchester, and Derbyshire. The organisation says it has managed to get seven people convicted for spreading hatred online, with other cases involving EDL sympathisers in Luton ongoing. But according to Mughal, the police are still sometimes behind the curve when it comes to the far-right threat – with their resources focused more heavily on looking for potential terrorists among radical Islamist groups.

Despite that criticism, the government insists it is focused on tackling right-wing extremism. “The government condemns extremism in all its forms,” a Home Office spokesperson says. “There is no place for violence, criminality and disorder in our society and police have a range of powers to tackle it.”

The threat of serious far-right violence is certainly genuine. This was affirmed tragically in Norway on 22 July last year, when Anders Breivik launched a rampage that resulted in the deaths of 77 people. Breivik justified his massacre by blaming multiculturalism and politicians who had allowed high-levels of immigration. Among some members of the extreme-right in England, Breivik is seen as a hero – a soldier who performed an act of war they would like to see repeated elsewhere.

Last month, Walsall-based kickboxer Darren Clifft started a petition to free Breivik from prison, describing the convicted killer’s massacre as “self defence” and “inspirational.” 23-year-old Clifft, who is affiliated with the Infidels, posted pictures of himself doing a Nazi salute while wearing a Ku Klux Klan outfit (see image above). In May he wrote that he had been dreaming about becoming a suicide bomber, in one post on Facebook writing: “I've had these dreams about blowing people up for weeks.”

In other cases, EDL members have posed in photographs wielding guns and threatening bomb attacks. In April, Kenny Holden, a 30-year-old man from South Shields, warned that he was going to set off a “pipe bomb” in an Asian area of the city. He said that if he could obtain a gun, he was ready to go on a shooting spree “Olso style” – an apparent reference to Breivik. Holden was later arrested and charged with two counts of sending offensive or menacing messages.

The controversy, however, is not only consigned to a fringe element of the far right. Prominent EDL supporter Michael Wood, who last year co-founded the British Freedom Party in a bid to challenge the BNP, caused upset following comments made about Breivik. In the aftermath of the massacre, he wrote on Twitter: “Couldn't care less that #Breivik went radio rental on leftist youths. He knew they would grow up to betray Norway #EDL."

What did Wood mean exactly? “Breivik was a Frankenstein borne out of Scandinavian liberal attitudes towards mass immigration and the integration of Muslim migrants,” he says in an interview conducted by email. “What his attack has done, is forced Norwegians to rethink the course they're taking and to question whether Breivik has a point about immigration and the future that awaits Norway – in my view he is right on several points. So when I say that I don't care, I mean that it is not my responsibility to apologise for Anders Breivik, it is the EU and the Norwegian leftists who should apologise.”

The viewpoint held by Wood is one shared by many of those on the far right. The position is that Breivik was somehow forced into his act of mass violence by the multiculturalism espoused by liberal politicians. On the far-right Internet forum StormFront, UK-based users commented after Breivik’s attacks that his victims, some of whom were as young as 14, were “not innocent” because they were political activists who would eventually go on to “encourage more and more Islamists into their country.” One user, named NickGrifford, wrote: “Many will suffer before the end, but the many have brought it upon themselves.”

Given this level of sympathy for Breivik’s actions, the obvious question is whether a single “lone wolf” attack from a far-right fanaticist is possible on British shores. The heightening anti-Muslim sentiment, paired with the growth of a number of factions seemingly willing to perpetrate acts of violence, mean it is alarmingly difficult to rule out.

“Although we haven’t seen any major terrorist attacks from the far-right yet, part of the thing about social media is that it enables them to encourage and communicate with each other – to engineer things to happen,” says Matthew Collins, a researcher for Hope Not Hate, a campaign group that monitors far-right extremism. “Some of these groups – they’re little more than racist drug gangs. And that’s exactly what makes them so dangerous.”

Menwith Hill

Friday, 28 September 2012

Situated awkwardly in the heart of rolling green English countryside is the United States’ largest overseas intelligence station. Surrounded by farmland and sheep, hundreds of National Security Agency staff go to work every day at RAF Menwith Hill, where they eavesdrop on communications intercepted by satellite dishes contained in about 30 huge golf ball-like domes.

Used by the NSA since the 1960s, Menwith Hill is an important spy center. But there is growing disquiet in Britain over whether intelligence gathered at the base is being used to help with the CIA’s controversial clandestine drone strikes. And the government is keeping mum.

Earlier this month, Ken Macdonald, former chief prosecutor for England and Wales, spoke out on the subject in an interview with the London Times. He told the newspaper he believed there was compelling evidence that Britain was providing the United States with information subsequently used to help with drone attacks in countries like Pakistan. Because the United Nations says that the CIA’s covert drone campaign possibly violates international law, the allegation was politically explosive. The implication is that the British government could itself be complicit in unlawful drone bombings, which in Pakistan alone since 2004 have killed up to an estimated 3,337 people, among them hundreds of civilians.

Prior to Macdonald thrusting the issue into the spotlight, it had been simmering for some time. In May, a Pakistani student whose father was killed in a suspected U.S. drone attack launched legal action against the British government in a bid to expose whether it hands over intelligence for drone attacks on terrorist suspects. And a study published in March claimed the Menwith Hill base was being expanded to “support 'real-time' U.S. military actions, including drone attacks and those carried out by special operations forces.”

What goes on inside the Menwith station is impossible to know for sure. However, according to a 2001 European Parliament report, it is part of a surveillance network called ECHELON, situated to intercept communications routed over the Indian and Atlantic oceans. Former NSA employee Margaret Newsham, who worked at Menwith Hill 20 years ago, told CBS it monitored Russian and Chinese communications (but on one occasion spied on U.S. Sen. Strom Thurmond). And the Federation of American Scientists has claimed it is capable of intercepting an astonishing two million communications an hour.

If these reported capabilities are correct, it seems highly plausible that the base’s satellites are today intercepting at least some communications from the Middle East — which could help how the CIA picks its targets for drone strikes in countries such as Pakistan, Yemen and Somalia.

It’s also plausible that any intercepts gathered at Menwith play a crucial — not just contributory — role. In April, the Washington Post revealed that the White House had approved drone strikes in Yemen based solely on intelligence signatures. These are defined, according to the Post, as patterns of behavior indicative of a plot against U.S. interests “detected through signals intercepts, human sources and aerial surveillance.”

This brand of intelligence-led warfare has already led Germany to limit information it shares with the United States. The British government, however, does not take the same position — and is contributing to the secrecy that surrounds drone operations.

Fabian Hamilton, a member of the British Parliament, asked the government earlier this month whether Menwith Hill plays a role in the planning and deployment of drones in Afghanistan, Pakistan, Yemen, and Somalia. The response? He was not permitted to know. “For operational and security reasons we do not comment on the specific activities carried out at RAF Menwith Hill,” said Andrew Robathan, minister of state for the armed forces.

The secrecy is a problem, for basic democratic reasons if nothing else. It’s obvious that the British government wants to protect Menwith Hill’s activities on national security grounds, which might be justifiable to some extent. But if a foreign military is using a base in the English countryside to help conduct covert wars in far-flung lands, that’s a different matter altogether — and surely the British public has a right to know about it.

This article first appeared at Slate.com

Anniversary of Occupy

Monday, 17 September 2012

It inspired people from Manchester to Moscow, led to thousands of arrests, and continues to generate debate. The Occupy protest movement, founded to oppose corporate greed and inequality, is this week celebrating its first anniversary. For many of those involved it has been an emotional and life-changing journey.

Occupy began in earnest on 17 September last year, when a group of protesters descended on New York’s Wall Street financial district. Angry over the banking industry’s role in the global financial crisis, the protesters wanted to come together to address what they called the “corrosive power of major banks and multinational corporations over the democratic process.”

Inspired by the Arab Spring and a massive Spanish protest movement that had bloomed earlier in 2011, the Occupiers formed a make-shift tent-city a stone’s throw from Wall Street, where public assemblies and discussions were held. As the size of the camp quickly grew, international media attention soon followed. Before long, Occupy became a contagious phenomenon, spreading across America and across borders to more than 80 countries on almost every continent.

Ed Needham, 45, remembers the birth of Occupy well. The 45-year-old communications strategist was attending a conference for organisations working for progressive causes in Washington DC. He was approached by an activist who told him about a new protest called Occupy Wall Street in New York, which had begun a few days earlier. He decided to visit, was immediately impressed by what he saw, and joined in with the protest.

“For me Occupy represented a reaction to where we were as a society,” Needham says, recalling his first impressions. “I just thought that this was an extremely historical moment and that instead of some fly by night political party initiative or something, that this was the beginning of a social movement. And everything that has happened since has affirmed that.

“Rather than people coming together under the many different organisations or political entities, people were coming together under a much larger banner. It happened in a way that I think really captured the imagination of where we were – and still are – as a nation in terms of what has happened to us over the last 30 years.”

A crucial aspect of the Occupy movement was its cross-generational appeal. In the first few days it was characterised mainly as a youth movement, but as it grew that changed. Organised labour groups eventually got involved, as did senior citizens, war veterans, high-profile academics, musicians – even people who had worked within the financial sector. “At that point it just took off because people could no longer characterise the people down at the square as a bunch of hippie kids,” Needham says.

To date, there have been more than an estimated 7000 arrests of activists participating in Occupy protests across the US. The main camp in New York was evicted in November, but today the movement continues. The activists are currently collaborating on international actions to mark the one-year anniversary, and they still meet regularly and organise protests outside banks and run “teach-in” educational groups about economic issues.

Though some activists are pessimistic about the level of change they have managed to achieve, most believe that at the very least they have managed to shape mainstream political discussion by putting more focus on problems related to inequality. New splinter groups have also taken shape due to Occupy, with activists using different protest tactics to voice their discontent about the current status quo.

Los Angeles-based artist Alex Schaefer garnered media attention last year for expressing his indignation at the greed of the banking sector in a creative manner – by painting pictures of banks on fire. Schaefer is hugely frustrated at how little has been done in America to hold the financial sector to account for bringing the country’s economy to its knees, and he recently started a new trend that is beginning to catch on in various cities. He calls it “chalking” – a form of civil disobedience that involves drawing information about bank wrongdoing in chalk on pavements outside bank buildings.

“It needs to be a constant reminder,” Schaefer says. “It’s a different protest than a march. This is a way to just casually do it consistently. I wish every bank would wake up to this on this sidewalk every morning.”

So far Schaefer has been arrested once for vandalism, but the charges were eventually dropped. He says the tactic was in part borne out of a deep dissatisfaction that nothing was being done to address the issues raised by the Occupy movement.

“Nothing has changed, it’s ridiculous,” he says. “Occupy is an uphill battle. The problem is that Occupy was only a fraction of the population. There are so many more people out there that need to get upset before a change is going to happen.”

In England, activists speak of the same frustration. Occupy spread to London in October last year, with a large encampment established outside St Paul’s Cathedral near the city’s stock exchange. Small campsites eventually formed in a number of cities across Britain – from Glasgow and Edinburgh in Scotland to Liverpool, Manchester, Birmingham, and Sheffield in England. But most of the camps were either evicted or slowly disbanded as the cold bite of winter set in – and some protesters feel that they failed to agree on a coherent message across the different sites.

“Even from London to the regions there was a huge difference in scope and aims,” says Daniel, 34, an activist from Liverpool who spent time at Occupy protests in England and America. “I felt aspects I was experiencing at occupations abroad, particularly in the US, did not translate locally. What we saw regionally was more a kind of nebulous protest, and the camps ended up quite detached from the global movement.”

Daniel says that he found Occupy in London to be “quite brilliant” and well organised. An empty office block that was squatted by the activists in London’s financial district and turned into a giant makeshift community centre called the Bank of Ideas also impressed him. However, in Liverpool he says groups including the Socialist Workers’ Party “appeared intent on co-opting, while not overtly supporting the movement, which was predictable and divisive.” And at some Occupy camps he visited, the initial energy which had catalysed the movement became diluted.

Other protesters had similarly negative experiences of camps outside London. In Birmingham, activist Tom Holness said the camp had included people who believed in “Jewish banking conspiracies” and a member of the far-right English Defence League, which dissuaded new people from joining. “The Facebook pages were a mess of arguments and conspiracy theories and that put a lot of people off,” he says.

Yet despite its flaws, Occupy as a movement is likely to persist in some form at least for the foreseeable future. The issues driving it, such as rising unemployment and a growing disparity between rich and poor, have not been addressed. And many activists, though they are tired and frustrated, are still intent on pushing for change.

In Spain, the movement that preceded Occupy may offer a glimpse of what is to come. Thousands took to the streets across the country last summer to protest against austerity measures, corporate power and political corruption, camping out in public squares and holding lengthy debates in a bid to find solutions to economic problems. Calling themselves the Indignados (the indignant) they continue to organise demonstrations and political actions, weary but energised by groups in other parts of the world.

“It’s been absolutely inspiring to see how some other movements have been out in the States and in London and everywhere,” says Beatriz Pérez, a 31-year-old activist who has been involved with the Indignados movement since it began in May last year. “We share the sense of frustration and rage with a lot of other people.”

As a result of the Indignados movement, locally organised public assemblies are now held regularly in cities including Madrid and Barcelona for anyone to come and address grievances. Though unemployment is soaring in Spain and the protesting has not managed to achieve substantive political changes, it has brought people together in a way that has in itself had a positive and lasting impact.

“Life in Spain, in Madrid, has changed a little bit for everyone that has been in the movement,” says Pérez. “I feel like in my city there is a lot more love out there – it’s a romantic thing to say but that’s how I feel. It’s less individualistic here than it was. And I think that has got to be a very good thing for our lives.”

Drone Future

Friday, 31 August 2012

A perimeter fence protects something extraordinary at the end of a grey, plain-looking residential street in East Lancashire, England. Hidden under tight security inside a hangar at Warton aerodrome are prototypes that represent the next generation of unmanned aircraft, known more commonly as drones. The latest technology, being developed and tested at Warton by defence contractor BAE Systems, is considered the final step toward integrating military-style drones into civilian airspace across British skies. It is revolutionary and groundbreaking. But it is also deeply controversial.

For many, the mere mention of the word drones conjures up negative connotations. They have become potent, deadly weapons in the so-called War on Terror, deployed with increasing frequency by the United States under the Barack Obama administration.

Controlled by satellite navigation and flown remotely by pilots based in the US states of Nevada and Virginia, drones have killed up to an estimated 4,000 suspected militants and 1,000 civilians in Pakistan, Yemen, and Somalia since 2002. Human rights groups allege that America has violated international law in how it is using drones, committing war crimes in the process. Members of the unmanned aircraft industry in Britain, however, are keen to present the aircraft in a new light – distancing them from warfare in a bid to win over the public.

“The military determine how they use them in conflict zones and it does get bad press,” says John Moreland, general secretary of the Unmanned Aerial Systems Association, a trade group based in Middlesex. “But that doesn’t necessarily mean that we condone the actions that governments use them for.

“As much as we deal with the military aspect of the vehicles that we get involved in, those are operated by the military under military rules and they’re nothing to do with civilians like ourselves that produce the equipment.”

Currently, small “mini-drones” – similar in size to radio-controlled model aircraft – can legally be flown under existing UK regulations. Most of these are under 20kg, carry small cameras, and can only be flown up to 400 ft in areas that are not densely populated.

In contrast, military-style drones are much larger, can soar at heights of more than 20,000 feet, and can only be flown in segregated military airspace for safety reasons. But technology being developed by BAE Systems in Warton is working on changing this, by integrating advanced “sense and avoid” technology so that the larger drones can be flown alongside manned aircraft in normal airspace.

“The primary reason they will be used is to collect data,” Moreland says. “You won’t see them, they will be at high altitude. They will be in controlled airspace, working within all the rules of the aviation authority, and for all intents and purposes they will appear to everybody else, to all the controllers, as just another aircraft.”

Not everyone shares Moreland’s relaxed attitude about drones. A concern for civil liberties campaigners is that police could use them to conduct secretive surveillance from an eye so high in the sky that it is invisible from the ground. Police forces across England have held meetings about introducing large drones, and the European Parliament is working on a plan to use the aircraft for border security purposes, tracking immigrants and smugglers attempting to enter countries on the continent illegally by boat. This follows the trend set in America, where drones known as “Predators” are deployed in states like Texas as part of border-security patrols.

“I think that there are civil liberties and privacy issues that simply aren’t being dealt with,” says Chris Cole, an Oxford-based campaigner who runs a popular website called Drone Wars UK. “The problem is nobody is taking these issues on board and yet we are pushing ahead with enabling unmanned aircraft to fly over our heads without addressing these questions. The big military companies are not doing this for our own good – they just see future profits in this area. So I think that there are real concerns.”

The sense and avoid technology being developed by BAE Systems is set to be tested in 2013, and experts working in the drone industry estimate that as early as 2015 they could be operational in civilian airspace alongside manned aircraft. Some are even predicting that, at some point in the not-so-distant-future, we will see unmanned aircraft flying passengers in the same way some trains today, like the Paris Metro, function without drivers.

But a more pressing concern, particularly for activists such as Cole, is Britain’s ongoing role conducting drone attacks in conflict zones. Last month it was revealed that British pilots had flown drones over Libya during the uprising against Muammar Gaddafi, contradicting previous government claims that the RAF had only flown them in Afghanistan. This has raised questions about whether the Ministry of Defence (MoD) has been candid about the full extent of its involvement in drone strikes.

“This is one of the most important ethical and legal questions of our time with regard to militarism and the armed forces – how drones are changing the nature of warfare,” Cole says. “The problem is they are not being very transparent about the use of drones. The public interest in this issue is so important, but the data about how drones are being used is not being disclosed by the MoD.”

Pressure on the government to release information about how it uses drones in warzones is likely to heighten in the months ahead. Pilots of a fleet of ten “Reaper” drones that the RAF uses to conduct attacks in Afghanistan are to be relocated to England for the first time later this year. The pilots, currently based in Nevada, will relocate to RAF Waddington in Lincolnshire, where they will pilot the drones using joystick-like controls from behind large monitor screens.

Already, anti-war activists have held demonstrations at the base to protest. 74-year-old veteran campaigner Helen John has set up a pre-emptive peace camp, vowing to stay indefinitely in “total defiance” over what she calls “murder by remote control.”

“Having lived through WWII, I witnessed the destruction of my grandmother’s house, cut in two by a V2 rocket,” John says. “I feel deeply ashamed that in the 21st century we are bringing in a new generation of murderous technology to blight the future.”

Since 2007 the MoD’s Reaper drones have fired more than 280 missiles and flown for 30,000 hours above Afghanistan, the equivalent of having flown from London to Sydney over 500 times. The government has been hesitant to release figures showing casualties inflicted by British drones. However, in December 2010 David Cameron said 124 insurgents had been killed in British drone strikes, while in April 2011 it emerged that four Afghan civilians were killed and two others injured in an attack by an RAF drone in Afghanistan’s Helmand province.

The MoD has accepted there is a wider debate to be had about issues around the deployment of drones. It is also keen to distance itself from the style of drone attacks perpetrated by the United States, which take place covertly in multiple countries outside established laws of war.

“I wouldn’t want you to confuse the way we operate drones with the way the Americans operate drones,” says Lex Oliver, an MoD spokesman. “They use them for wholly different missions.

“The UK’s rules of engagement for using a drone are exactly the same as for using a manned aircraft. They’re still operated by a pilot it’s just that they are operated by a pilot remotely as opposed to a pilot who’s sat in the aircraft.”

It is estimated that the MoD will have spent half a billion pounds sustaining its Reaper drones in Afghanistan by 2015. The government continues to fund and invest in developing more advanced unmanned technology, and has lent financial backing to an ambitious drone being developed by BAE Systems at its Warton base.

“Taranis,” named after the Celtic god of thunder, is a stealth unmanned aircraft that has been described as resembling a spaceship out of Star Wars. The aim of Taranis, according to BAE Systems, is to test whether it is possible to build a remote controlled stealth drone capable of “precisely striking targets at long range, even in another continent.” It will be the first of its kind and, if testing next year proves successful, could mark a major step towards a day when manned fighter jets are considered a remnant of the past. A dream or a nightmare, depending on where you stand.

Scandale (2).doc

Tuesday, 21 August 2012

An email claiming to reveal a political scandal will grab the attention of almost any journalist. But what if the email was just a ruse to make you download government-grade spyware designed to take total control of your computer? It could happen - as a team of award-winning Moroccan reporters recently found out.

Mamfakinch.com is a citizen media project that grew out of the Arab Spring in early 2011. The popular website is critical of Morocco’s frequently draconian government, and last month won an award from Google and the website Global Voices for its efforts “to defend and promote freedom of speech rights on the internet.” Eleven days after that recognition, however, Mamfakinch’s journalists received an email that was not exactly designed to congratulate them for their work.

The email, sent via the contact form on Mamfakinch.com, was titled “Dénonciation” (denunciation). It contained a link to what appeared to be a Microsoft Word document labeled “scandale (2).doc” alongside a single line of text in French, which translates as: “Please do not mention my name or anything else, I don't want any problems.” Some members of the website’s team, presumably thinking they’d just been sent a major scoop, tried to open the file. After they did so, however, they suspected their computers had become infected with something nasty. Mamfakinch co-founder Hisham Almiraat told me that they had to take “drastic measures” to clean their computers, before they passed on the file to security experts to analyze.

What the experts believe they found was, they said, “very advanced”—something out of the ordinary. The scandale (2).doc file was a fake, disguising a separate, hidden file that was designed to download a Trojan that could secretly take screenshots, intercept e-mail, record Skype chats, and covertly capture data using a computer’s microphone and webcam, all while bypassing virus detection. Christened a variety of names by researchers, like “Crisis,” and “Morcut,” the spy tool would first detect which operating system the targeted computer was running, before attempting to infect it with either a Mac or Windows version.

Once installed, the Trojan tried to connect to an IP address that was traced to a U.S. hosting company, Linode, which provides “virtual private servers” that host files but help mask their origin. Linode says using its servers for such purposes violate its terms of service, and confirmed the IP address in question was no longer active. The use of Linode was a clear attempt to make the Trojan hard to track, according to Lysa Myers, a malware researcher who analyzed it.

But there were a couple of clues. The Trojan’s code repeatedly referenced the acronym “RCS” alongside occasional mentions of the Italian name “Guido.” This pointed straight to an Italian company called Hacking Team, one of the leading providers of spyware-style tools to governments and law enforcement agencies worldwide.

Hacking Team’s flagship product is called “Remote Control Systems,” a Trojan it describes as “eavesdropping software which hides itself inside the target devices.” RCS can spy on Skype chats, log keystrokes, take webcam snapshots - identical to the Trojan used to target the Moroccans. It can also be tailored to infect a computer via “opening a document file,” according to marketing materials, and “can monitor from a few and up to hundreds of thousands of targets.”

Hacking Team did not respond to repeated requests by phone and email for comment. Notably, however, during an interview last October the company’s co-founder David Vincenzetti told me that RCS had since 2004 been sold “to approximately 50 clients in 30 countries on all five continents.” (Most people today consider there to be seven continents - Africa, Antarctica, Asia, Australia/Oceania, Europe, North America, and South America - but in parts of Europe it used to be taught that there were only five: Africa, America, Asia, Australia, and Europe.) So while it’s not possible to say for sure whether Moroccan authorities are using RCS, it’s certainly being deployed by countries in that region of the world, by Vincenzetti’s own admission.

The Moroccan case is not isolated, and it’s likely we’ll hear more about such attacks in the future. Last month, a number of Bahraini activists were targeted with a Trojan tool purportedly designed by a British spy tech company, Gamma Group, which is one of Hacking Team’s main competitors. Human rights organizations have been concerned for some time about Western companies selling high-tech surveillance equipment to countries in which it may be abused. Ever mounting evidence of the equipment being used to target pro-democracy activists and journalists could have repercussions for the companies involved and is likely to strengthen the case for stricter export controls.

Thanks to Jean-Marc Manach for help with the French translation.

This article first appeared at: Slate.com