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EFF Begins Investigating Surveillance Technology Rumors At Standing Rock (eff.org)

Electronic Frontier Foundation has dispatched a team of technologists and lawyers to a protest site in Standing Rock, North Dakota, to investigate "several reports of potentially unlawful surveillance." An anonymous reader writes: The EFF has "collected anecdotal evidence from water protectors about suspicious cell phone behavior, including uncharacteristically fast battery drainage, applications freezing, and phones crashing completely," according to a recent report. "Some water protectors also saw suspicious login attempts to their Google accounts from IP addresses originating from North Dakota's Information & Technology Department. On social media, many reported Facebook posts and messenger threads disappearing, as well as Facebook Live uploads failing to upload or, once uploaded, disappearing completely."

The EFF reports "it's been very difficult to pinpoint the true cause or causes," but they've targeted over 20 law enforcement agencies with public records requests, noting that "Of the 15 local and state agencies that have responded, 13 deny having any record at all of cell site simulator use, and two agencies -- Morton County and the North Dakota State Highway Patrol (the two agencies most visible on the ground) -- claim that they can't release records in the interest of "public safety"...

"Law enforcement agencies should not be allowed to sidestep public inquiry into the surveillance technologies they're using," EFF writes, "especially when citizens' constitutional rights are at stake... It is past time for the Department of Justice to investigate the scope of law enforcement's digital surveillance at Standing Rock and its consequences for civil liberties and freedoms in the digital world."

27 of 147 comments (clear)

  1. Who watches the watchers? by Anonymous Coward · · Score: 5, Insightful

    The police seem to think they have limitless powers, it is disgusting. They were given extra powers to deal with the likes of ISIS, not for repressing peaceful protestors. They need to learn they work for the people and not a few company owners.

    1. Re:Who watches the watchers? by Applehu+Akbar · · Score: 5, Insightful

      If you think that the authorities are hexing your field communications, bring in some radio hams with mobile gear to patch your calls through. Hams live for opportunities like this, and police are clueless about the tech they use.

    2. Re:Who watches the watchers? by plover · · Score: 3, Interesting

      Emergency agencies where I live train and use ham radio volunteers to operate communications in their mobile command centers. A ham friend of mine trains with them occasionally. The expectation is the hams will still get through if and when the standard tech fails. They don't deploy hams for normal police actions, but if there's a natural disaster or other emergency, he'll be there.

      I wouldn't rely on the ignorance of others.

      --
      John
    3. Re:Who watches the watchers? by FrankHaynes · · Score: 2

      I'd be surprised if you could find 10 hams who actually know enough about the communications technology to get anything through these days. They're mostly appliance operators any more, so the days of cobbling together a radio from some banana peels and discarded metal sunglasses are long gone I'm afraid. Take away their repeaters and Internet links and they are as helpless as the cops and firemen.

      --
      slashdot: A failed experiment.
    4. Re:Who watches the watchers? by cwsumner · · Score: 2

      Here in the United States it seems to be a career for some "hams" to cause harmful interference to legitimate communications, especially during nets to aid victims of natural disasters or other directed nets. ...

      I think you are getting "Hams" (licensed Amature Radio Operators) mixed up with CB pirates. Or maybe the CB pirates are buying illegal shortwave equipment ?

      Be aware, though, that long distance means that just because you can hear them, does not necessarily mean they can hear you. ;-)

  2. Is anyone surprised about this? by klingens · · Score: 5, Informative

    By now it should be public knowledge for any protester against any government that their personal communication devices and the communication itself will be always under attack. Whoever goes to such protests and especially anyone who is networking with others about it, needs to encrypt all devices and all communications. Not just at the protest itself but in their private life too. One is always under threat to get arrested. If one is arrested the cellphone is the first thing confiscated and of course tried to access. Any US protester who uses US communication services like google, whatsapp, facebook for anything is simply a dumb fool. How many NSLs have been granted wrt Standing Rock already?

    Governments infiltrated protest movements 50 years ago with COINTELPRO including assaults on people, did the same in the 90s cross border in Europe, fathered children with activists even and now of course will attack all communications, in meatspace and online. Attacking communications is the first step since it's easy: they own the means of communication. Google hast to comply, since it's the law. They didn't change the amount of effort they will go to, they just changed their tactics. The amount of effort is comparable to spies going deep undercover, to live whole lives over decades to infiltrate, so eavesdropping on communication is a very small and minor step.

    1. Re: Is anyone surprised about this? by rantrantrant · · Score: 4, Interesting

      Citizens have little effective defense against govt or private security hacking and penetration, installing malware and spyware in their mobile devices. The only real defense is not to keep a phone with you. I'm sure that it's happening and it's be great for EFF to get some solid evidence of it and then take the appropriate legal actions.

    2. Re: Is anyone surprised about this? by Anonymous Coward · · Score: 5, Insightful

      That begs the question, what ARE the appropriate LEGAL actions? We're talking about warrantless surveillance using NDA's and gags to silence disclosure of their usage to the citizenry. In many cases this is almost completely unauthorized by the spirit of the law and only a very specific interpretation by a very limited few "secret" judges allow this to continue nationwide, and also in individual states and jurisdictions with state-level bullshit authorization, another layer of abstraction. Still, unless they can prove that it went on and they were monetarily damaged by it? They have no standing to even make it into any courtroom.

      Imagine trying to sue the 3rd reich. It's not unlike that.

  3. Call them protesters by Nkwe · · Score: 5, Insightful

    Please call them protesters or demonstrators. Calling them water protectors is biased toward the protesters just as calling them dissidents or terrorists would be biased toward the pipeline supporters. The story itself is interesting and is news for nerds. I do want to hear about technology and possible indications (such as battery drain rate) that surveillance is occurring. I would prefer that the summary is not politically biased as I can make my own opinion as to if the pipeline is a good thing or a bad thing.

    I know it is a pipe dream, but could we please get back to being a news (for nerds) site and not a political discourse site?

    1. Re: Call them protesters by sjames · · Score: 3, Interesting

      And cold weather is notorious for trying to log in to your Google accounts and deleting uploads to Fcebook..

    2. Re: Call them protesters by alvinrod · · Score: 4, Interesting

      Also, it's probably because there are hundreds (thousands?) of people crammed into an area and trying to use service that wasn't developed to deal with that kind of capacity on a regular basis. If you've ever driven though parts of the mid-west there's a lot of areas with bad or no coverage depending on where you're at. If they're at the edge of a tower, its going to eat through more battery life.

      I also bet it's partially due to a bit of hysteria. People have their battery drain faster than usual, apps crash, etc. all the time, but don't think too much of it. All it takes is one rumor and suddenly people are paying a lot more attention to the meaningless coincidences and trying to find something to attribute them to even if there isn't one.

      I get that the government can spy on people and there is documented evidence of various agencies having and using the equipment and technology to do so, but that doesn't mean its always doing so or is in this particular case. I had assumed that the protesters were mostly hippies and the like that the government wouldn't give two shits about, but I suppose if there are some ELF-types at the protest their might be more cause for concern or the possibility where a warrant to do so could be granted and things are being done above board legally.

    3. Re: Call them protesters by Anonymous Coward · · Score: 2

      If you've ever driven though parts of the mid-west there's a lot of areas with bad or no coverage depending on where you're at.

      Yep. The coverage can be so bad in these sparsely populated states, the only way for government officials to communicate is to try logging in to my Gmail account while I'm passing through. Nothing to see here, people, move along.

    4. Re: Call them protesters by dryeo · · Score: 2

      Pipelines are only safer then the alternatives when things like the safest route is taken. In this case the safest route was close to Bismark and the people of Bismark protested so the pipeline was moved to go under a lake instead of the shorter route under the river in what should be the natives sovereign land, at least if the American government actually followed their Constitution (in this case the treaty clause).
      This is as much as what the protests are about, the American government and the oil industry that controls it shitting upon the natives.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    5. Re: Call them protesters by Nikkos · · Score: 2, Informative

      Pipelines are only safer then the alternatives when things like the safest route is taken. In this case the safest route was close to Bismark and the people of Bismark protested so the pipeline was moved to go under a lake instead of the shorter route under the river.

      Completely wrong on multiple points.

      1. It wasn't the safest route,
      2. the people of Bismark didn't even have a chance to complain because the early plan was killed before it even got submitted to State-level agencies.
      3. It wasn't the shortest route either.
      4. It's still going under the river. The 'Lake' is a manmade reservoir in which the river was just widened via a dam.

      The Army Corps of Engineers nixed the idea because it made the pipeline 10 miles longer AND it make it much harder to keep the pipeline the minimum 500 feet from homes and put the water of far more people at risk. http://abcnews.go.com/US/previ...

      Just an FYI, the entire state of North Dakota has less than 1 million people. Bismark has 67k people, and the entire Standing Rock Reservation has about 8k people.

      Also FYI - over 80% of those arrested at the DAPL protests are not Natives - neither North Dakota/South Dakota citizens, nor Standing Rock tribal members.

      I think the Standing Rock tribe did get screwed repeatedly historically, and had a right to protest and be heard. However, the Army Corps of Engineers hadn't even made their determination regarding permits to go under the river yet, so none of the sabotage and militant action was justified. All the idiots going "Hey, Why did Bismark get a pass? RACISM!" were jumping the gun because the same agency that made the determination RE: BIsmark were still assessing the Standing Rock crossing - the approval process hadn't even been completed yet.

      In reality, most of the protesters currently at the camp in ND have been bouncing from one camp to another along the route causing trouble, spills, and related environmental damage. http://www.dailykos.com/story/...

        The Standing Rock camp just got the most publicity, and the tribe got used again. This time for the alt-left's ideological extremism.

  4. I'd settle for taking away the concussion grenades by rsilvergun · · Score: 3, Insightful

    one of the protestors lost an arm to one. The police dropped the grenade too close to them and the shrapnel shredded her arm. It's still attached, but it doesn't work. The best part? The only reason she's gonna win her lawsuit is that the doctor who treated her was smart enough to save the shrapnel lodged in her arm so it could be presented as evidence. The police chief was already accusing the protestors of throwing the grenade until he found out they had proof.

    Anyway, this is why you don't militarize the police. They don't have the training to use these kinds of weapons even when they're 'non-lethal'...

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  5. Battery life in remote areas by Dan+East · · Score: 5, Insightful

    Battery life is lower in remote areas with poor cell coverage for a number of reasons. The radios in the phones transmit at the lowest power needed to maintain a connection. Out in the boonies where the cell towers are just barely in range the phone has to use the maximum wattage which kills the battery. Data rates are usually lower as well (1X or maybe 3G)., which results in longer transmission times to send and receive data, which again kills the battery. So the battery part is no surprise to me. Poor and intermittent data connectivity can also result in applications freezing, and I had at least one older Android phone that would lock up and crash if cell service kept dropping in and out over and over. When riding in the mountains I'd have to just turn it off and only power up to use it when I needed it.

    I'm certainly not saying they aren't being monitored or hacked or whatever, but a number of the things they are reporting are normal to those of us who are often out in the country where cell service is marginal.

    --
    Better known as 318230.
  6. Reminder to self. Time to donate to EFF again. by Anonymous Coward · · Score: 3, Insightful

    Good way to contribute something to all for the holiday season.

  7. Re:Call them employees by TechyImmigrant · · Score: 2, Interesting

    A large number of the "protestors" at standing rock are earning a wage for it. They're not protestors, they're employees.

    Do you know this or are you repeating something you read on the internet?

    --
    I should use this sig to advertise my book ISBN-13 : 978-1501515132.
  8. Re:I'd settle for taking away the concussion grena by tomhath · · Score: 2

    The only reason she's gonna win her lawsuit is that the doctor who treated her was smart enough to save the shrapnel lodged in her arm

    Citation needed; there's so much fake news going around on this topic you can't believe everything you hear. I couldn't find any reports of shrapnel from a grenade being the cause. However, there is a report of a young woman being injured by a homemade bomb. I also found reports that the FBI collected bits of flesh from one of the propane canister bombs, so someone was injured by it.

  9. Backwards by Areyoukiddingme · · Score: 2

    As others have pointed out, cell towers are few and far between in the Dakotas. When the dropped connections, battery drain, and phone crashing stops, then you'll know they've brought in the Stingray. It'll be much closer to the protesters, and provide a much more reliable signal.

    The Facebook login attempts are happening the old-fashioned way, from protesters being identified by taking a photo with a zoom lens, running it through the FBI's gigantic facial recognition database, and then Googling the result. The login attempt is definitely an unconstitutional search attempt. The facial recognition database and its usage... might not be. With the Supreme Court we have had and are going to have, it's not.

    Probably no Stingray though. At least not yet.

  10. Re:I'd settle for taking away the concussion grena by sjames · · Score: 2

    The police claimed it was a propane tank based IED, but the fragments the surgeon preserved from her arm were from a concussion grenade.

    Funny thing about the pictures of disposable bottles in your second link, they're not in fragments. Some appear to have been tossed in a campfire.

  11. Re:"We're not surveilling' by Uberbah · · Score: 2

    I wonder how many of those drones were pointing weapons at the unarmed protesters. If you're going to break out the mine-resistant vehicles from the National Guard, might as well bring in your mini-Predators as well.

  12. Re:I'd settle for taking away the concussion grena by Uberbah · · Score: 4, Insightful

    Her arm was blown off by a propane-tank IED built by the protesters.

    You mean you believe any horseshit the cops will throw at you, and they've thrown a lot this year. Same sheriffs department has on its most wanted list a person who disarmed an agent provocateur, not the agent who was assaulting people (pointing his AR-15).

    But that's okay, just to let you know we're all friends here, I actually own some oceanfront property near the Standing Rock reservation, which I'm willing to sell you at a cut rate....

  13. Re:Editor Duhvid by Anonymous Coward · · Score: 4, Informative

    The Electronic Frontier Foundation

    Um, no. The EFF's official style is to refer to themselves as "Electronic Frontier Foundation." You can see this several times in the article.

    "EFF has been tracking the effects of its surveillance technologies on water protectors’ communications and movement."

    "EFF sent technologists and lawyers to North Dakota to investigate."

    "EFF also sent more than 20 public records requests to federal, state and local law enforcement agencies."

  14. Re:I'd settle for taking away the concussion grena by sjames · · Score: 2

    If the surgeon served during wartime, he might need to know enough to deal with unexploded ordinance. However, more likely the surgeon just kept the fragments so they could be examined by an expert.

  15. Re:I'd settle for taking away the concussion grena by sjames · · Score: 2

    OK. Here's a few.

    On the other side, we have some pictures of clearly in-tact disposable propane bottles and nothing that could even potentially explode one. It's actually pretty hard to make such a container burst and without a strong oxidizer, good luck getting the gas to actually burn.

  16. Re:EFFT by Opportunist · · Score: 2

    If the new definition of terrorist is that anyone is one who dares to disagree with government overstepping the privileges it was granted to better serve its citizens, then yes, I'm a terrorist. Put the label on the pile over there, I'll ignore later.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.