espionage
Biden expands government’s power to spy on Americans without a warrant
From LifeSiteNews
Legal experts have pointed out that under an updated version of the Foreign Intelligence Surveillance Act (FISA), delivery personnel, cleaning contractors, and utility providers could all be forced to surveil Americans.
U.S. President Joe Biden has quietly signed legislation reauthorizing and expanding the government’s ability to spy on American communications without a warrant.
On April 20, Biden signed the reauthorization of Section 702 of the Foreign Intelligence Surveillance Act (FISA) that allows the government to compel a broader range of businesses to collect the communications of U.S. citizens when they are in contact with foreigners, according to legal experts.
The newly passed, updated version of Section 702 accomplishes this by expanding the definition of “electronic communication service providers” who can receive FISA directives to tap communications by dropping the qualifier “communication” from electronic service providers. The new amendment, therefore, makes access merely to equipment on which communications are carried or stored enough to legally surveil Americans.
While the amendment lists types of businesses that cannot be considered Electronic Communication Service Providers (ECSPs), including public accommodations, dwellings, and restaurants, ZwillGenBlog points out that the law still allows the government to “compel the assistance of a wide range of additional entities and persons in conducting surveillance under FISA 702.”
“The breadth of the new definition is obvious from the fact that the drafters felt compelled to exclude such ordinary places such as senior centers, hotels, and coffee shops. But for these specific exceptions, the scope of the new definition would cover them — and scores of businesses that did not receive a specific exemption remain within its purview,” ZwillGenBlog explained.
The legal experts noted that among the entities that could be forced to surveil Americans under the amendment are “the owners and operators of facilities that house equipment used to store or carry data, such as data centers and buildings owned by commercial landlords,” as well as others who can access such equipment, including “delivery personnel, cleaning contractors, and utility providers.”
ZwillGenBlog also pointed out that “any U.S. business could have its communications” — if involving a foreigner — “tapped by a landlord with access to office wiring, or the data centers where their computers reside.”
Democratic U.S. Sen. Dick Durbin of Illinois had tried and failed to pass an amendment that would require government officials to obtain a warrant before spying on American communications, according to the Associated Press (AP).
“If the government wants to spy on my private communications or the private communications of any American, they should be required to get approval from a judge, just as our Founding Fathers intended in writing the Constitution,” Durbin said.
Critics of the new amendment warn that over the past year alone the FBI has unconstitutionally spied on Americans, including Republican U.S. Rep. Darin Lahood of Illinois, who serves on the Permanent Select Committee on Intelligence and the Committee on the Chinese Communist Party, as well as Americans present at or near the Capitol on January 6, 2021.
Under Section 702 of the Foreign Intelligence Surveillance Act (FISA), passed in 2008, the National Security Agency (NSA), operating inside the United States, is authorized to collect communications of foreigners overseas for foreign intelligence purposes without a warrant “because courts have held that foreigners have no Fourth Amendment rights,” according to Elizabeth Goitein.
“Although ostensibly targeted at foreigners, Section 702 surveillance inevitably sweeps in massive amounts of Americans’ communications,” Goitein further noted.
“Recognizing the impact on Americans’ privacy, Congress required the NSA to ‘minimize’ the sharing, retention, and use of this ‘incidentally’ collected U.S. person data. But the government and the FISA Court have embraced an interpretation of ‘minimize’ that is remarkably … maximal.”
“The NSA shares raw data with multiple other agencies — including the FBI and the CIA — and all of them retain the data for a functional minimum of five years. Moreover, the FBI routinely combs through it looking for Americans’ communications to use in purely domestic cases, even in situations where the FBI lacks a factual predicate to open a full investigation,” Goitein continued.
There are other means by which the U.S. government can spy on Americans. In 2022, Biden issued an executive order (EO) that allows the government to surveil Americans for broadly defined reasons including understanding “public health risks,” “political instability,” and the “threat” of climate change.
The EO was ostensibly written to “enhanc[e] safeguards” for “United States Signals Intelligence Activities,” which is intelligence gathering by the interception of signals, including communications, such as through cell phones, or those not used in communication. An accompanying fact sheet explains that the EO is meant to help “implement the U.S. commitments under the European Union-U.S. Data Privacy Framework (EU-U.S. DPF)” in an effort to “restore trust and stability” to transatlantic data flows.
Alongside permitting spying for the purposes of sizing up the capabilities of foreign entities, the EO permits signals intelligence collection for “understanding or assessing transnational threats that impact global security, including climate and other ecological change, public health risks, humanitarian threats, political instability, and geographic rivalry.”
The document’s lack of elaboration on such so-called “transnational threats” raises the question of the true scope of activity now officially subject to spying by the U.S. government, which is potentially massive.
Crime
The US Canadian border: Greatest number of terrorist watch list individuals being apprehended at northern border
A Border Patrol agent standing watch at the Montana-Canada border in the CBP Spokane Sector. The Spokane Sector covers the U.S.-Canada border along the northwestern section of Montana, part of Idaho, and the eastern part of Washington.
From The Center Square
Lack of operational control at northern border poses national security threats
The northern border largely has been unmanned and understaffed for decades as federal reports issue conflicting conclusions about how much, or how little, operational control exists.
Some officials have suggested the U.S. Department of Homeland Security has just 1% operational control over the northern border after a 2019 General Accounting Office audit of U.S. Customs and Border northern border operations. But a December 2022 DHS report claimed, “The Border Patrol is better staffed today than at any time in its 87-year history,” noting no surveillance of extensive parts of the northern border existed prior to 9/11.
After 9/11, several federal agencies were combined to fall under the newly created Department of Homeland Security. Within 20 years, roughly 950 miles along the U.S.-Canada border from Washington to Minnesota, and roughly 200 miles along the northern border in New York and Lake Ontario, were under unmanned aircraft surveillance. None of these areas “were covered prior to the creation of DHS,” DHS says, meaning the northern border was largely unprotected since Border Patrol’s founding in 1924.
In 2012, DHS released its first unified department strategy for U.S.-Canada border security, prioritizing “deterring and preventing terrorism and smuggling, trafficking, and illegal immigration; safeguarding and encouraging the efficient flow of lawful trade, travel, and immigration; and, ensuring community resiliency before, during, and after terrorist attacks and other disasters.”
Within 10 years at the northern border, more than 2,200 Border Patrol agents were stationed between ports of entry; nearly 3,700 CBP officers were stationed at ports of entry; more than 35 land ports of entry were modernized; and thermal camera systems, mobile and remote video surveillance systems had been deployed.
Despite these improvements, “the northern border is under-resourced by far compared to the southwest border,” former Border Patrol chief Mark Morgan told The Center Square. “But at the same time, it still represents significant threats. Cartels are expanding their operations, flying people into Canada, which doesn’t require a visa, presenting an opportunity for terrorist watch-listed individuals to exploit. It’s much easier to get to Canada to come across.”
“Data from 39 months shows terrorist watch-listed individuals are coming here every day and they aren’t stopping,” Morgan added.
For years and prior to the current border crisis, there weren’t enough personnel to cover all shifts, and the infrastructure, technology and equipment afforded to them didn’t compare to those at the southwest border, he said. People can easily drive snow mobiles over frozen territory or boats across the Great Lakes in areas that are unmanned, Morgan said, with a previous policy of self-reporting to authorities.
“The northern border represents a threat,” Morgan said. Noting it only took 19 men to carry out the 9/11 terrorist attacks, Morgan has warned that a terrorist threat is already in the U.S. No one knows how many terrorist watch-listed individuals have illegally entered who weren’t caught, multiple officials have told The Center Square.
While much attention has focused on the southwest border, the greatest number of known or suspected terrorists to ever be apprehended in U.S. history were at the northern border in fiscal 2023, breaking fiscal 2022’s record, The Center Square first reported.
This fiscal year through April, the greatest number of KSTs (known or suspected terrorists) continue to be apprehended at the northern border, 143 so far, according to CBP data.
Potential terrorist threats are not new and have persisted for some time, federal reports indicate. One Border Patrol intelligence report says terrorist threats potentially come from “foreign violent extremists to exploit established alien smuggling routes and networks for the purpose of evading detection en route to the United States.”
Other threats include drug smuggling from Canada into the U.S., connected to “criminal groups with known ties to or hired by Mexican drug trafficking organizations” and human smuggling. In the last few years, human smuggling attempts and apprehensions have significantly increased, The Center Square has reported.
The Center Square first began reporting on northern border national security threats several years ago. Since then, apprehensions of illegal border crossers in the first six months of fiscal 2024 were the highest on record. In the busiest sector of Swanton, Border Patrol agents recently apprehended more people in one week than they did in all of fiscal 2021.
Last month, they apprehended more than 1,400 illegal border crossers, more than they did in fiscal years 2021 and 2022 combined, Swanton Sector Chief Border Patrol Agent Robert Garcia just announced, saying it was “another record-breaking milestone in northern border history.”
This is after they apprehended more than 6,700 in fiscal 2023, more than the apprehensions of the previous 11 years combined, The Center Square first reported.
The U.S.-Canada border is the longest international border in the world of 5,525 miles. Unlike the U.S.-Mexico border, there are no border walls or similar barriers along the U.S.-Canada border. Through DHS, CBP officers are tasked with border security at ports of entry and Border Patrol agents between ports of entry along 4,000 miles. The U.S. Coast Guard, working with CBP’s Air and Maritime Operations, covers maritime security.
COVID-19
The Vials and the Damage Done: Canada’s National Microbiology Laboratory Scandal, Part II
From the C2C Journal
By Peter Shawn Taylor
In China, minor security infractions are routinely punished with lengthy jail terms in dreadful conditions. In Canada, it’s just the opposite. Clear evidence of espionage is rewarded with a free pass back home after the mission is complete. Neglecting our national security in this way may suit the Justin Trudeau government, but it is doing great harm to Canada’s relationship with its most important allies. In the concluding instalment of his two-part series, Peter Shawn Taylor examines the many ways in which the spy scandal at the National Microbiology Laboratory in Winnipeg has damaged Canada’s international standing and contributed to the growing perception that Canada is a foreign agent’s happy place. (Part I is here.)
The Scientists Who Came in From the Cold: Canada’s National Microbiology Laboratory Scandal, Part I
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