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The DEA Disinformation Campaign To Hide Surveillance Techniques

An anonymous reader writes: Ken White at Popehat explains how the U.S. Drug Enforcement Agency has been purposefully sowing disinformation to hide the extent of their surveillance powers. The agency appears to have used a vast database of telecommunications metadata, which they acquired via general (read: untargeted, dragnet-style) subpoenas. As they begin building cases against suspected criminals, they trawl the database for relevant information. Of course, this means the metadata of many innocent people is also being held and occasionally scanned. The Electronic Frontier Foundation has filed a lawsuit to challenge this bulk data collection. The DEA database itself seems to have been shut down in 2013, but not before the government argued that it should be fine not only to engage in this collection, but to attempt to hide it during court cases. The courts agreed, which means this sort of surveillance could very well happen again — and the EFF is trying to prevent that.

46 comments

  1. DEA by Anonymous Coward · · Score: 0

    (points at DEA) Hideki!

  2. everyone does this by Darrin+Ward+PR · · Score: 5, Funny

    i do the same thing to convince my users that i don't install viruses on their computers... but i still install viruses on their computers. disinformation is the best!

    --
    Use my SEOChat.com and ChatButton.com services so i can install viruses on your users computers!
    1. Re:everyone does this by Anonymous Coward · · Score: 2, Insightful

      Of course, you're not running a lucrative multi-billion dollar snake-oil business like the head of the DEA is.

    2. Re:everyone does this by Anonymous Coward · · Score: 0

      Says who?

    3. Re:everyone does this by MobSwatter · · Score: 1

      Say's the cash grabbing failure of the war on drugs.

      The government drug problem started with the 1971 bankruptcy of the U.S, but that was only a side effect of promoting corruption and demoting honesty, that started in the 50's.

  3. Supreme Court Decisions Have Consequences by Anonymous Coward · · Score: 1

    This is a direct result of the pen register ruling. Unfortunately it's hard to argue this is unconstitutional since records kept by a company aren't really your effects. This overreach is going to have to be solved with legislation.

    1. Re:Supreme Court Decisions Have Consequences by Tokolosh · · Score: 5, Insightful

      The courts have completely abdicated their responsibility to protect the people from the depredations of the Leviathan. The judicial branch of government is as complicit as the executive and legislative, and needs to shaken up pronto.

      --
      Prove anything by multiplying Huge Number times Tiny Number
    2. Re:Supreme Court Decisions Have Consequences by TheGratefulNet · · Score: 1

      what's that? you say you plan to use a remote control on them?

      let us know how that goes.

      --

      --
      "It is now safe to switch off your computer."
    3. Re:Supreme Court Decisions Have Consequences by SlithyMagister · · Score: 1

      Unfortunately, the purpose of governments is not "to protect the people from the depredations of the Leviathan", but rather the opposite.
      The courts merely interpret the laws to that end.

    4. Re:Supreme Court Decisions Have Consequences by Shakrai · · Score: 1

      There's nothing wrong with the pen register ruling; you don't have any expectation of privacy when you voluntarily hand information to a third party. The ruling abides by both the letter and the spirit of the 4th Amendment.

      The bigger issue here, in my not so humble opinion is the very existence of the DEA and so-called War on Drugs. The sooner we get the Government out of the business of protecting people from themselves the better. There are a lot of things that may justify Governmental intrusion; protecting idiots from themselves is not one of them.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    5. Re:Supreme Court Decisions Have Consequences by spire3661 · · Score: 2

      The government should not be able to cast its gaze without cause. Pen register is an abuse of this.

      --
      Good-bye
    6. Re:Supreme Court Decisions Have Consequences by Anonymous Coward · · Score: 0

      Even if the metadata isn't technically yours it is the property of the company in question and since companies are considered people in the eyes of the law they in theory have the same constitutional protections that an individual would have. So if customers had a choice and were aware of the companies access policies regarding their information most would go with a company that didn't track their personal calls so then could turn them over to the government the "pen register" ruling (Smith v Maryland) would be a non-issue if it wasn't a blatant attempt to do an end run around the 4th amendment.... IF.... But as we all know that phone companies don't voluntarily allow their records to be accessed, they do so under duress (threat of court action, loss of contracts, loss of easement privileges, etc). Just look at what happened to Qwest when they refused to cooperate with the NSA's domestic internet surveillance and you have some idea of what the phone companies were up against back in the 60-70s when the government was pressing them for records.

    7. Re:Supreme Court Decisions Have Consequences by umghhh · · Score: 1, Flamebait

      There were times where even wiretapping was controversial and you make it sound like metadata is so innocent as well as easy to prevent by a single user. Surprise surprise - it is not - in modern times, in developed world not using modern communication devices has serious consequences to one's ability to live normal life. If you consider this and the fact that there is really no other way to use such devices as not to leave a trail in the hands of the operators of the infrastructure used for those communications that left the trail, then you realize that there is not much that a person can do if courts just ignore the fact that gathering such data is a massive violation of people's freedoms.
      As for the second thing - I think DEA or alike agencies elsewhere may actually have a role to play in our societies - there are chemicals that are outright killers and even weed is not something that I would like to see in a schools and alike. This said the grown people can do whatever they want with themselves and the state has (should have) as little authority over this as over sex life that is - as long as all are informed and consenting adults then there is no crime.

    8. Re:Supreme Court Decisions Have Consequences by Agripa · · Score: 1

      There's nothing wrong with the pen register ruling; you don't have any expectation of privacy when you voluntarily hand information to a third party. The ruling abides by both the letter and the spirit of the 4th Amendment.

      I agree and this means that the only safe "cloud" application is bulk storage of encrypted data with encryption and decryption done locally. All cloud applications and servers leak their contents without a warrant or notification which the government goes to great lengths to avoid advertising.

    9. Re:Supreme Court Decisions Have Consequences by Anonymous Coward · · Score: 0

      +1

    10. Re:Supreme Court Decisions Have Consequences by sydbarrett74 · · Score: 1

      The ultimate purpose of the WoD was never to protect people from themselves--that is merely the pretext. The WoD is actually about class and race warfare (to wit, the disproportionate prosecution and conviction of ethnic and racial minorities and those lower on the socioeconomic ladder) and the aggrandisement of the PTB. Any other conclusion is untenable.

      --
      'He who has to break a thing to find out what it is, has left the path of wisdom.' -- Gandalf to Saruman
  4. It's still there by Anonymous Coward · · Score: 2, Funny

    If sowing disinformation is legal and the courts agree, then the information that the DEA shutdown its database in 2013 is probably disinformation. Only the legislative branch can do something to investigate because the other two branches of government already have agreed that lies are A-OK. But if it's security-related, investigating members of Congress will be sworn to secrecy anyway -- which won't be a problem for most of them because they tend to prostrate themselves fawningly before the state instruments of control.

    Thank heavens it's springtime.

  5. bad but creating false evidence trails is worse by Virtucon · · Score: 5, Insightful

    I agree that the surveillance issue is bad but it's much worse when the DEA creates false evidence trails to hide the surveillance links to their own programs and that of the NSA. This puts the basic principles of justice out the window when you have DEA agents lying on the witness stand about how they obtained their information. A judge could ostensibly throw out convictions or exclude evidence based on those facts, sanctioning prosecutors for knowingly allowing this to happen at trial. It's fucking stupid to expose the nation to this kind of risk.

    --
    Harrison's Postulate - "For every action there is an equal and opposite criticism"
    1. Re:bad but creating false evidence trails is worse by Archangel+Michael · · Score: 3

      I would go further than "could ... throw out" and suggest that they actually have an obligation to throw them out, and have the agents arrested for Perjury, along with anyone else who knowingly and willingly allowed false statements under oath.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    2. Re:bad but creating false evidence trails is worse by kbonin · · Score: 3, Insightful

      "Parallel Construction" is a fundamental part of police work now. When Federal law enforcement orders local law enforcement to lie to judges and prosecutors (Stingrays, etc.), whats really left? The last few generations of law enforcement, and the continuing example from the top of the executive branch on down, makes it clear that it is now perfectly acceptable and even expected if not required behavior to lie to everyone, including other branches of government. The historical checks and balances are almost all gone now...

    3. Re:bad but creating false evidence trails is worse by buck-yar · · Score: 2

      Govt believes it needs to do whatever it takes to get the bad guys.

      Trouble is, who is considered bad? Someone that posts libertarian comments challenging "big govt" on ar15.com?

    4. Re:bad but creating false evidence trails is worse by Blue+Stone · · Score: 4, Informative

      >"Parallel Construction" [wikipedia.org] is a fundamental part of police work now.

      So true and yet an utterly chilling sentence.

      A DEA official said, "Parallel construction is a law enforcement technique we use every day. It's decades old, a bedrock concept."

      Where the state is engaging in perjury, openly and without shame, what justice can there be?

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    5. Re:bad but creating false evidence trails is worse by chihowa · · Score: 1

      Well, they have to find out that it actually happened to do that. There appears to be a good deal of "information laundering" going on so that individual agents may not even know that they're facilitating perjury. It's a deliberately constructed end run around our system of justice, which makes it even more nefarious than a few rogue agents.

      --
      If you want a vision of the future, imagine a youtube comments section scrolling - forever.
    6. Re:bad but creating false evidence trails is worse by Agripa · · Score: 1

      Unwarranted searches are unconstitutional even if evidence is not used in court however the normal remedy is exclusion which does not apply and parallel construction avoids challenging this.

    7. Re:bad but creating false evidence trails is worse by NormalVisual · · Score: 1

      Govt believes it needs to do whatever it takes to get the bad guys.

      For varying interpretations of "bad guys".

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    8. Re:bad but creating false evidence trails is worse by Anonymous Coward · · Score: 0

      +1. None.

    9. Re:bad but creating false evidence trails is worse by memnock · · Score: 1

      A lot of _regular_people_ believe that the govt should do whatever it takes to get the bad guys. Every little crime is the end of the civilized world and every stranger is out to take what's theirs. They want protection from any possible threat. This works to the govt's advantage as it sucks up more power every day.

  6. I don't really care about the tool by Anonymous Coward · · Score: 4, Interesting

    But when they purposefully lie to conceal where the evidence came from, how are they any better than the criminals they put away? You can't send someone to jail for years based on a lie.

    1. Re:I don't really care about the tool by amiga3D · · Score: 1

      This is where "the end justifies the means" eventually winds up. It starts with good intentions and winds up a corrupt mess.

    2. Re:I don't really care about the tool by Agripa · · Score: 1

      But when they purposefully lie to conceal where the evidence came from, how are they any better than the criminals they put away? You can't send someone to jail for years based on a lie.

      The difference between law enforcement and a gang of thugs is that a gang of thugs is more honest in not expecting the sanction of their victims.

  7. Calling personal information Metadata by Anonymous Coward · · Score: 1

    It is possible to see a clear spin and attempt to manage the conversation. New type of data has been invented - Metadata, and spy agencies are claiming that this is not covered by 4th amendment.

    Imagine you are observer, and you see individual Joe, interacting (both visiting and calling) her married co-worker's Janice home every time Janice' husband is having an out-of-town business trip. You, the observer, do not have information on what is happening outside, but you have a metadata: telephone calls and cellphone location records. Everyone, Janice' husband, Joe's spouse, their families and neighbours, would be asking the same type of question because this data is more than Metadata. A reasonable observer will understand that this is most likely an extramarital affair going on, and such information is clearly personal.

    Yet, it was called Metadata. In fact Metadata is in many ways more valuable than actual contents.

    The next topic is "general warrant". One of the reason US revolution took place is because of unhappiness due to King George's general warrants, allowing to search everyone without reason. The outcome was 4th amendment which clearly defined that persons and their private life are untouchable, unless there is suspicion, affirmed by the government servant and approved by the judge.

    Let's call bulk data collection with the real name: mass spying.

    The next attempt to narrow down the discussion is to call phone data collection. In reality every voluntary transaction which has electronic record and involuntary electronic record keeping (vehicle number plates, faces are being scanned, emails, social network etc.) are being aggregated and no rarely mentioned in the discussion.

  8. Canadian Girlfriend by puddingebola · · Score: 2

    Funny thing about that Canadian girlfriend, they've used her in 7 other cases as the alternative source for the evidence. Maybe she's the sysadmin for a database in Canada?

    1. Re:Canadian Girlfriend by Anonymous Coward · · Score: 0

      No, she's the strumpet under Eric Holder's desk.

    2. Re:Canadian Girlfriend by WillAffleckUW · · Score: 1

      The thing is, under the US/Canada Data Treaty, Canadians have a Constitutional Right of Privacy, which must be enforced in the US.

      The DEA can spy on Americans illegally all they want, but Canada has a Constitution which prevents that, and violating that is a Felony, which the US/Canada Data Treaty requires be treated as MORE than a Federal Crime, as it's an International Treaty.

      (I didn't write the rules, other than the Canadian Forces Administrative Orders, so don't blame me)

      --
      -- Tigger warning: This post may contain tiggers! --
    3. Re:Canadian Girlfriend by plover · · Score: 1

      Well, the Mounties haven't shown up at the border to haul away the G-men, so I wouldn't place any faith in that treaty to keep out of harm's way. If it looks like toilet paper and is used like toilet paper, it's worth the same as toilet paper.

      --
      John
    4. Re:Canadian Girlfriend by plover · · Score: 1

      Well, the Mounties haven't shown up at the border to haul away the G-men, so if I were Canadian I wouldn't place any faith in that treaty to keep myself out of harm's way.

      If it looks like toilet paper and is used like toilet paper, it's worth the same as toilet paper.

      --
      John
  9. hiding what you do by chilenexus · · Score: 4, Insightful

    The government tells citizens "if you're not doing anything wrong, you shouldn't need to hide anything". We might as well say it right back to government. Also, since we are paying for everything they do, that information is ours. The government doing things it doesn't want us to know about is inherently immoral and dishonest. After all, they are doing all of those things "in our name".

    1. Re:hiding what you do by buck-yar · · Score: 1

      1. Govt is benevolent, everything they do is for our benefit. There is no reason for us to know what they are doing, since everything is pure, just, and good.
      2. If the details were shown, criminals would use this information.

  10. sounds made up even when you're 14 by Thud457 · · Score: 1

    "Canadian Girlfriend" -- on of Grand Funk's less successful songs.

    once that earworm's run it course, can somebody please post a set of plausible lyrics to that song?

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

    1. Re:sounds made up even when you're 14 by Thud457 · · Score: 1
      Wow, I suck at musical trivia. Was the "Guess Who".
      In pennance, let me offer a start:

      Canadian girlfriend you just made her up
      Canadian girlfriend, she ain't real
      Canadian girlfriend you just made her up
      Canadian girlfriend she don't exist

      Say C, say A, say N
      Say A, say D, I
      Say A, N

      Canadian girlfriend you just made her up
      Canadian girlfriend you just made her up
      Canadian girlfriend she ain't real

      Canadian girlfriend, don't spy on me
      Canadian girlfriend, mama let me be
      Don't come hangin' around my door
      I don't wanna see your face no more

      I got more important things to do
      Than spend my time growin' in GITMO with you
      Now woman, I said stay away
      Canadian girlfriend, listen what I say

      Canadian girlfriend, get away from me
      Canadian girlfriend, mama let me be
      Don't come knockin' around my door
      Don't wanna see your shadow no more

      Colored lights can hypnotize
      Sparkle someone else's eyes
      Now woman, I said get away
      Canadian girlfriend, listen what I say

      Canadian girlfriend, said get away
      Canadian girlfriend, listen what I say
      Don't come hangin' around my door
      Don't wanna see your face no more
      I don't need your war machines
      I don't need your ghetto scenes

      Colored lights can hypnotize
      Sparkle someone else's eyes
      Now woman, get away from me
      Canadian girlfriend, mama let me be

      Go, gotta get away, gotta get away
      Now go, go, go, I'm gonna leave you, woman
      Gonna leave you, woman
      Bye-bye, bye-bye, bye-bye, bye-bye

      You're no good for me
      I'm no good for you
      Gonna look you right in the eye
      Tell you what I'm gonna do

      You know I'm gonna encrypt my mail
      You know I'm gonna go
      You know I'm gonna leave
      You know I'm gonna go, woman

      I'm gonna leave you, woman
      Goodbye, Canadian girlfriend

      --

      the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

  11. If its OK for the government by Anonymous Coward · · Score: 0

    then can I acquire the same data so that I can search for information on Judges and other government officials.
    I mean if its not against the law then I should have access to the same type of data.

  12. Violation of the US/EU and US/Canada Data Treaties by WillAffleckUW · · Score: 1

    Which are international treaties and have the force of law, greater than that of a law passed by Congress.

    (it's in the Constitution, in case you didn't know, the part that talks about Quartering Troops In Your Computers To Spy For The Redcoats)

    --
    -- Tigger warning: This post may contain tiggers! --
  13. Shut the System Down Now! by Anonymous Coward · · Score: 0

    Am I the only one who thinks we'd all be better off shutting the system down? If the system is working against the people its time to shut it down. I'm not a right-wing nut job suggesting this. If I think it's time its certainly must be. I think its one issue we could all unite on. Republicans, democrats, right wing nutters, libertarians, socialists, etc.

    I've not heard a single person say "please spy on me, steal from me, rape me, and take away my children, ohh and then torture me some more". Yet this is EXACTLY what is going on. The governments spying on us all, it's taking our money/homes/cars at random under seizure laws, conducting searches without warrants, taking our kids based on the flimsiest of evidence and handing them over to murders and child rapists.

    And if your in the minority they flat out shoot you. While the mass shooting of blacks are only being publicized now it's not like its a new thing. They don't event bother pretending as if they're going to give you a trial like they do with some white protestant adult male folk (not that even they get a fair trial, as the federal guilty plea rate has risen from 83% in 1983 to 96% in 2009, a rise attributed largely to the Sentencing Guidelines.).

    What else do they have to start doing before we say enough is enough?

  14. Also the THIRD amendment! by Ungrounded+Lightning · · Score: 1

    The next topic is "general warrant". One of the reason US revolution took place is because of unhappiness due to King George's general warrants, allowing to search everyone without reason. The outcome was 4th amendment which clearly defined that persons and their private life are untouchable, unless there is suspicion, affirmed by the government servant and approved by the judge.

    Spying on the population was also a big driver behind the THIRD amendment:

    No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

    While forcing the colonists to provide housing and upkeep for the soldiers sent to oppress them was an economic issue, there was more to it than that.

    A soldier "quartered" in a colonist's house also served as a spy for the crown and its army. He eavesdropped on the conversations of the family and visiting friends. He had the opportunity to view their records when they weren't home (or even if they were). He reported anything suspicious to his unit. His presence inhibited getting together with others to hold private discussions, especially about opposing (by protest or otherwise) anything the government was doing. He was a continuous walking search, fed and housed by the people he was investigating.

    It seems to me that law-enforcement and intelligence agency spyware, such as keyloggers and various data exfiltration tools, is EXACTLY the digital equivalent: It is a digital agent that "lives" in the home or office of the target. It consums the target's resources (disk space, CPU cycles network bandwidth) to support itself. It spies spying on the activities and "papers" of the target, reporting anything suspicious (or anything, actually) back to its commander, to be used as evidence and/or to trigger an arrest or other attack. It is ready, at a moment's notice, to forcefully interfere with, destroy, or corrupt the target's facilities or send forged messages from him.

    Spyware is EXACTLY one of the most egregious acts (one of the "Intolerable Acts") that sparked the American Revolution. I'd love to see the Third brought back out of the doldrums and used against these "digital soldiers" the government is "quartering" inside our personal and private computing devices.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    1. Re:Also the THIRD amendment! by Anonymous Coward · · Score: 0

      Excellent point!

  15. It's not just the *evidence* thats tainted by Anonymous Coward · · Score: 0

    A person drives along, is stopped 'because his lane changes were erratic' (actually because NSA/FBI had told local DEA to stop the vehicle and make the drug arrest and lie about the instruction).

    Now DEA can claim that the person was a drug smuggler and it doesn't make a difference that they lied about the origin of the arrest, but was he?

    One of the Snowden leaks regarded JTRIG, the UK version which I'm sure has a US equivalent. A division designed to smear by false accusation, undermine business, troll on forums, hack polls, honey-traps etc.

    http://www.bbc.com/news/technology-26049448

    So a DEA official is told to stop a car on a drugs bust. HOW DOES HE KNOW HE ISN'T BEING USED TO COVER A DRUG PLANTING OP?

    The defendant can't point to the reason he was targetted for the bust and suggest it was planted evidence, because the evidence trail is concealed from the court.