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Title: Is The NSA Quartering “Digital” Troops Within Our Homes?
Source: washingtonsblog.com
URL Source: http://www.washingtonsblog.com/2014 ... gital-troops-within-homes.html
Published: Jan 1, 2014
Author: WashingtonsBlog
Post Date: 2014-01-04 04:28:15 by GreyLmist
Keywords: Constitution, 3rd Amendment, NSA, Quartering Troops
Views: 2215
Comments: 27

Are “Digital” Troops Being Sent Into Our Digital Devices Like British Troops Were Sent Into American Colonists’ Homes?

We have extensively documented that the U.S. government is trampling virtually every single Constitutional right set forth in the Bill of Rights.

One of the few rights which we thought the government still respects is the the 3rd Amendment, which prohibits the government forcing people to house troops:

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.

But security expert Jacob Appelbaum notes that the NSA may be digitally violating the 3rd Amendment.

By way of background, this week Appelbaum was the main force behind an expose in Spiegel – and gave a must-watch talk – on the NSA’s systemic offensive programs to commandeer computers and computer systems, phone connections and phone systems, and communications networks of all types.

Appelbaum shows that the NSA has literally taken over our computer and our phones, physically intercepting laptop shipments and installing bugware before themselves shipping the laptop on to the consumer, installing special hardware that overcomes all privacy attempts, including “air gaps” (i.e. keep a computer unplugged from the Internet). Appelbaum also notes that spyware can suck up a lot of system resources on a computer or smartphone.

And he says this is the digital equivalent of soldiers being stationed in our houses against our will:

[YouTube link set to start at 0:27:04-0:29:04. Transcription from 0:28:14.

So, Validator and Commondeer -- um, which, I mean, clearly, the point of Commondeer, while it's misspelled here...uh, it's not actually, I mean, that's the name of the program...but the point just to make upon: on Commandeering your machine. So, you know, when I think about the, uh, the U.S. Constitution in particular, we talk about not allowing the quartering of soldiers, uh, and, uh, gosh, you know, Commandeering my computer sounds a lot like a digital version of that. And I find that a little bit confusing and mostly in that I don't understand how they get away with it. But part of it is because they can tell right now we didn't know about it in public. Which is why we're releasing this, in the public interest so that we can have a better debate about whether or not that counts, in fact, as a part of this type of what I would consider to be tyranny...]

The parallel might not be as far-fetched as it may seem at first …

The NSA itself says that it’s in the middle of a massive cyber war. As such, malware, physical spying devices and offensive internet workarounds are literally the main troops in the NSA’s offensive cyber army.

Quartering meant that Colonial Americans had:
No control over when the British troops came and went
No say in what resources they consumed
And no privacy even in their own castles

Similarly, mass NSA spying means that modern day Americans have:
No control over when military presence comes or goes from our computer and phones (NSA is part of the Department of Defense)
No say in what resources the spies suck up (remember, Applebaum says that spying can use a lot of resources and harm performance)
And no privacy even in the deepest inner sanctuary of our electronic home base

Colonial Americans lost the quiet use and enjoyment of their homes. Modern Americans are losing the quiet use and enjoyment of our digital homes because the NSA is stationing digital “troops” inside our computers and phones.

Just as the Colonists’ homes were no longer theirs … our computers and phones are no longer ours.


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Begin Trace Mode for Comment # 23.

#1. To: All (#0)

Two States, and Counting, Seeking to Ban Data-Sharing with NSA: Kansas and Missouri Seek to Prohibit Use Of Illegally Gathered Electronic Data

California has a New Plan to Fight Back Against the NSA: Cut Off Their Water Supply: Senate Bill 828 was introduced on Monday, and if passed, it would ban utility companies in California from supplying services to the NSA.

GreyLmist  posted on  2014-01-09   16:27:45 ET  Reply   Untrace   Trace   Private Reply  


#8. To: All (#1) (Edited)

Post #1:

Two States, and Counting, Seeking to Ban Data-Sharing with NSA: Kansas and Missouri Seek to Prohibit Use Of Illegally Gathered Electronic Data

California has a New Plan to Fight Back Against the NSA: Cut Off Their Water Supply: Senate Bill 828 was introduced on Monday, and if passed, it would ban utility companies in California from supplying services to the NSA.

Post #6

New Legislation Would Ban NSA From Arizona - US News and World Report: State senator says 'the NSA isn't welcome in Arizona unless it follows the Constitution'

NSA and GCHQ activities appear illegal, says EU parliamentary inquiry

Oklahoma state legislator introduces bill to banish NSA: “We know the NSA is sharing unconstitutionally gathered information with state and local law enforcement agencies – and it has nothing to do with keeping us safe from terrorists. This should offend every American who cares about the Constitution,” Tenth Amendment Center communications director Mike Maharrey.

Indiana 4th Amendment Protection Act Bans Help to NSA, Includes Felony Charges - Tenth Amendment Center Blog: "[NSA] maxed out the Baltimore area power grid in 2006. They’ve built new locations in Utah and Texas, and expanded in several other states,” Maharrey said. [...] The legislation is based off the long-standing legal principle of the anti-commandeering doctrine, which prohibits the federal government from requiring, or “commandeering” the states to carry out their acts. The Supreme Court has upheld the doctrine in four major cases going back to 1842.

WA State Bill Proposes Criminalizing Help to NSA, Turning Off Resources to Yakima Facility - Tenth Amendment Center Blog: Washington counts as the first state with an actual NSA facility within its borders to consider the Fourth Amendment Protection Act.

Edited for formatting + excerpts.

GreyLmist  posted on  2014-01-20   9:43:09 ET  Reply   Untrace   Trace   Private Reply  


#16. To: All (#8) (Edited)

New Legislation Would Ban NSA From Arizona - US News and World Report: State senator says 'the NSA isn't welcome in Arizona unless it follows the Constitution'

"I believe the number one priority for national security is defending and protecting the Constitution," the Republican who represents the Lake Havasu City area of northwest Arizona said in a statement. "Without that, the rest becomes irrelevant. There is no question that the NSA program, as it is now being run, violates the Fourth Amendment. This is a way to stop it."

Arizona Bill to Thwart NSA Spying Officially Introduced

Arizona state Senator Kelli Ward made good on her commitment to introduce legislation that would withdraw all state support of the NSA and hang a big “Spies Not Welcome Here” sign on the front door of the Grand Canyon State this week.

After being the first legislator in the country to announce an intent to do so last fall, Ward along with nine sponsors introduced the Fourth Amendment Protection Act on Wednesday. SB1156 also garnered four co-sponsors, including senate President Andy Biggs.

Tennessee files historic legislation; Takes aim at state’s NSA facility - Ben Swann Truth In Media

The NSA has been operating directly underneath the nose of many Tennesseans without them ever knowing. ... Tennessee makes the eighth state considering action to refuse cooperation with the NSA, [two having] physical facilities within their borders.

Alphabetically: Arizona, California, Indiana, Kansas, Missouri, Oklahoma, Tennessee, Washington State

Edited the Ben Swann excerpts.

GreyLmist  posted on  2014-01-25   6:21:20 ET  Reply   Untrace   Trace   Private Reply  


#19. To: All (#16)

Alphabetically: Arizona, California, Indiana, Kansas, Missouri, Oklahoma, Tennessee, Washington State

Updated alphabetically from 8 to 12 -- 24%, nearly 1/4 of all the States with legislation in-process to protect the 4th Amendment from NSA abuses. Reference: Tracking and Action Center - NSA Spying: 4th Amendment Protection. Click on the States at the map for further details and legislature contact info.

1. Alaska: HB283 and SB142

2. Arizona: SB1156

3. California: SB828

4. Indiana: SB231

5. Kansas: HB2421

6. Mississippi: SB2438

7. Missouri: SJR27

8. New Hampshire: HB1533 and HB1619

9. Oklahoma: SB1252 and HB2808

10. Tennessee: SB1849 and HB1907

11. Vermont: H732

12. Washington State: HB2272

January 31, 2014: Twelve and counting: Vermont legislation takes on NSA spying

February 3, 2014: First in the nation: Arizona senate committee passes 4th Amendment Protection Act

GreyLmist  posted on  2014-02-09   1:14:21 ET  Reply   Untrace   Trace   Private Reply  


#22. To: All (#19)

Update from 12 States to 14 for Maryland and Utah.

February 10, 2014 | BREAKING: Maryland Legislators Move To Kill NSA Headquarters - Ben Swann Truth In Media

State lawmakers in Maryland have filed emergency status legislation that seeks to cut the NSA’s Ft. Meade headquarters off from all material support stemming from the state.

February 12, 2014 | BREAKING: Utah legislators move to kill NSA data center - Ben Swann Truth In Media

bill introduced ... “The NSA was welcomed by politicians in Utah with a promise that their activities would be “conducted according to constitutional law”. As we all know, that promise has been violated— institutionally, repeatedly, and aggressively,” said Utah Libertas Institute President Conor Boyack. ”If Congress and the Courts are unable or unwilling to rein in this beast and put a stop to the rising surveillance state, then it’s up to the states to stake their ground and resist such broad violations of the Constitution. This new bill, along with others like it in over a dozen states, would accomplish that very thing.”

GreyLmist  posted on  2014-02-21   0:25:27 ET  Reply   Untrace   Trace   Private Reply  


#23. To: All (#22)

Update from 12 States to 14 for Maryland and Utah.

#15 moving to protect the 4th Amendment against NSA abuses: Oregon

News updates at offnow.org | Nullify NSA!:

March 5, 2014 | Oregon State Senator Plans Ballot Initiative to Thwart the Surveillance State

An Oregon bill to protect citizens’ privacy rights from unlawful NSA intrusion got the ball rolling and the legislator who sponsored it vowed to use it as a stepping stone to get a ballot initiative ready for 2016.

SB1583 would have prohibited any “public body from obtaining location information of cellular telephone or other electronic communication device without warrant, consent or certain emergent circumstances.” Sen. Larry George (R-Sherwood) introduced the bill in the fiscal (short) session, knowing he didn’t likely have the time to get the bill passed. But George recognized it would put the issue on the table and pave the way for future action. Now he plans to carry the fight right to Oregon voters. ... That isn’t the only action expected in the near future on this front. According to the Oregon ACLU, the groundwork has been laid for the success of privacy protection bills during next year’s legislative session. ... “Taking on the NSA isn’t a one-step, short-term project. It is going to require sustained efforts. Rep. George understands this, We are committed to seeing it through and stopping unconstitutional spying,” Tenth Amendment Center national communications director Mike Maharrey said. “I am not at all disappointed about the SB1583. It was a first step. It won’t be the last. I am certain the people of Oregon will vote on the side of the Constitution.

See also:

March 3, 2014 | Utah house takes first step against the surveillance state. Passes bill 71-2

While awaiting action on a bill to turn off the water to the NSA data center in Bluffdale, the Utah House wasted no time passing another bill designed to thwart the effects of other actions of the growing surveillance state. The vote was 71-2. ... HB0128 would make any electronic data obtained by law enforcement inadmissible in a criminal proceeding. This includes data gathered by the NSA and shared through the super secret Special Operations Division (SOD) or fusion centers. The legislation also stops Utah law enforcement from obtaining phone location data without a warrant. ... HB0128 now moves on to the Senate for consideration. ... HB0128 will prevent state law enforcement from gathering cell phone location data and sharing it up the chain, and it will make information vacuumed up by the feds and shared down the chain inadmissible in court, stopping a practical effect of NSA spying. ... The legislation works hand-in-hand with the more well-known “4th Amendment Protection Act” introduced by Rep. Marc Roberts last month. HB161 would ban material support to the NSA’s new data center at Bluffdale.

March 5, 2014 | New Hampshire house passes bill to ban use of warrantless data

Today, the New Hampshire house passed a bill to thwart some of the actions of the growing surveillance state. House Bill 1533 (HB1533), which bans the use of any information obtained from a “portable electronic device” such as mobile phone in “a criminal, civil, administrative, or other proceeding,” passed by a voice vote and now moves on to the senate for further consideration. ... Also this week, a house committee gave final approval to HB1567, which bans the state from obtaining “location information of an electronic device without a warrant issued by a judge based on probable cause and on a case-by-case basis.” And HB1619 was previously approved by that same committee. That bill prohibits the acquisition, collection, or retention of personal information including “personal identifiers, content, and usage, given or available to third-party providers of information and services, including telephone; electric, water and other utility services; internet service providers; social media providers; banks and financial institutions; insurance companies; and credit card companies.” ... HB1533 now moves on to the state senate, where it will first need to be approved by a committee before the full senate has an opportunity to concur. HB1567 and HB1619 are due for a full state house vote before the end of March.

GreyLmist  posted on  2014-03-06   12:46:00 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 23.

#24. To: All (#23) (Edited)

Update from 12 States to 14 for Maryland and Utah.

#15 moving to protect the 4th Amendment against NSA abuses: Oregon

#16 South Carolina

#17 Michigan

#18 Minnesota

News updates at offnow.org | Nullify NSA!:

March 10, 2014 | South Carolina 4th Amendment Protection Act has strong bipartisan support [H.4795]

The campaign to stop unconstitutional NSA spying at the state and local level has clearly taken on a life of its own, and is gaining support from across the political spectrum. A bipartisan group of 23 South Carolina representatives introduced the Fourth Amendment Protection Act late last month. Cosponsors include leadership from both parties,

March 21, 2014 | Bipartisan Michigan bill would ban resources to NSA [HB5420]

House Bill 5420 (HB5420), the Fourth Amendment Protection Act, was introduced by Rep. Tom McMillin (R-Rochester) on Thursday to prohibit any state support of the NSA. Cosponsors include 5 Republicans and 5 Democrats, closely matching the party breakdown of the state house.

March 21, 2014 | Minnesota bills would ban cellphone tracking without a warrant [HF2553 and HF2288]

Two Minnesota bills that together ban law enforcement from obtaining cellphone location tracking information and data without a warrant passed its first committee hurdle. ... HF2553 and HF2288 would not only protect people in Minnesota from warrantless data gathering by state and local law enforcement, it will also end some practical effects of unconstitutional data gathering by the federal government.

Edit to add Minnesota info.

GreyLmist  posted on  2014-03-31 04:51:40 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 23.

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