Part Four:
Surveillance, Search and Seizure

Olmstead v. United States, 277 U.S. 438 (1928)

Katz v. United States, 389 U.S. 347 (1967)

United States v. Knotts, 460 U.S. 276 (1983)

United States v. Moran, 2005 U.S. Dist. LEXIS 54 (N.D.N.Y., Jan. 5, 2005)

Kyllo v. United States, 533 U.S. 27 (2001)

Herring v. United States, 555 U.S. _ (2009)

Jay Stanley and Barry Steinhardt, Bigger Monster, Weaker Chains, The Growth of an American Surveillance Society, ACLU Technology and Liberty Program, January 2003

BBC.com, Britain is 'surveillance society', BBC, November 2, 2006

Frank Baitman, Rethinking Surveillance, Washington Post, February 11, 2008

Spencer S. Hsu, Administration Set to Use New Spy Program in U.S., Washington Post, April 12, 2008

Siobhan Gorman, Satellite-Surveillance Program to Begin Despite Privacy Concerns, Wall Street Journal, October 1, 2008

Robert Pear, Privacy Issue Complicates Push to Link Medical Data, NY Times, January 17, 2009

Jesse McKinley, Marriage Ban Donors Feel Exposed by List, NY Times, January 18, 2009

Thomas Ricker, Video: Hacker War Drives San Franscisco Cloning RFID Passports, Engadget, February 2, 2009

BBC News, Warning over 'surveillance state', BBC News, Feb 6, 2009

Mats Lewan, Worker-monitoring tool now eyeing student cheaters, CNet News, February 13, 2009

InfoZine, EFF Releases How-to Guide to Fight Government Spying, 1InfoZine, March 3, 2009

Bruce Schneier, It's Time to Drop the 'Expectation of Privacy' Test, Wired, March 26, 2009

Philip Dowdy, Microchip Tells Docs If Patients Have Taken Their Pills, Why That's Scary, Furious Seasons, April 13, 2009

Stephen Shankland, Google profile users get a say in people search results, CNET News, April 21, 2009

Evan Ratliff, Gone Forever: What Does It Take to Really Disappear?, Wired, August 13, 2009

Maha Atal & Damian Kahya, Google's Legal Battles, New Statesman, August 20, 2009

Cory Doctorow, WhatTheInternetKnowsAboutYou: your browser is giving away your history, Boing Boing, September 2, 2009

Nate Anderson, "Anonymized" data really isn't—and here's why not, Ars Technica, September 8, 2009

Paul Ohm, Netflix's Impending (But Still Avoidable) Multi-Million Dollar Privacy Blunder, freedom-to-tinker.com, September 21st, 2009

Researchers Track Mouse Movements and Hesitations, Slashdot.com, blogpost, January 31, 2011

Darren Pauli, National biometric pub list use 'explodes', ZDNet, February 1, 2011

Cory Doctorow, Folk models of home computer security: what we think our PCs are doing, Boing Boing, March 22, 2011

Looking Past the Wall

Kyllo v. United States, 533 U.S. 27 (2001)

Associated Press, Swiss police spy marijuana field with Google Earth, Business Week, January 29, 2009

Chris Soghoian, Obama's BlackBerry brings personal safety risks, CNet, February 12, 2009

David Hambling, Special Forces' Gigapixel Flying Spy Sees All, Wired, February 12, 2009

John Leland, Technology helps elderly live independently, International Herald Tribune, February 16, 2009

AFP, Google Software Bug Shared Private Online Documents, Breitbart.com, March 10, 2009

Cade Metz, Google taps your IP address for Starbucks targeting, The Register, April 7, 2009

Adam Cohen, A Casualty of the Technology Revolution: ‘Locational Privacy’, New York Times, August 31, 2009

Cell Phones & GPS

Andrew Brandt, Soon, Your Cell Phone May Be Tracking You, PC World, April 2004

Hiawatha Bray, GPS spying may prove irresistible to police, Boston.com, January 17, 2005

Ryan Singel, U.S. Cell-Phone Tracking Clipped, Wired News, October 28, 2005

Electronic Frontier Foundation, Cellphone Tracking Cases (USA v. Pen Register), EFF.org, last updated December 21, 2005

James Kanter, Greek cellphones tapped, International Herald Tribune, February 3, 2006

''Big Brother'' Wiretapped Greek Prime Minister’s Phone, Greek News, February 6, 2006

Ellen Nakashima, Cellphone Tracking Powers on Request, The Washington Post, Nov 23, 2007

Adam Sherwin, The Facebook tool which turns your mobile phone into a snoop, Times Online UK, April 1, 2008

John Markoff, Surveillance of Skype messages found in China, International Herald Tribune, October 2, 2008

Scott Gilbertson, Google Latitude Broadcasts Your Location, Wired, February 4, 2009. -- RickSchwartz - 04 Feb 2009 (see also: Where Are Your Friends and Family? Check Google Maps)

Reuters, Mexico to fingerprint phone users in crime fight, February 9, 2009

John Markoff, A map of the world, in four billion pockets, International Herald Tribune, February 17, 2009

Stephen Baker, Mapping a New, Mobile Internet, Business Week, February 26, 2009. "A nascent industry involving the likes of Google and Nokia is pinpointing the movements and behaviors of millions of cell-phone users"

Stephanie Clifford, Advertisers Get a Trove of Clues in Smartphones, NY Times, March 11, 2009

Martin John Callanah, Location of I - Tracking Art Project, Urban Tick Blog, March 13, 2009

John Schwartz, As Jurors Turn to Web, Mistrials Are Popping Up, NY Times, March 18, 2009

Joel Johnson, Pinch Media: Statistics your iPhone apps may be sending back home, Pinch Media, April 13, 2009

Nathan Eagle, Inferring friendship network structure by using mobile phone data, National Academy of Sciences, July 1, 2009

Christopher Soghoian, 8 Million Reasons for Real Surveillance Oversight, paranoia.dubfire.net, December 1, 2009

Kim Zetter, Feds ‘Pinged’ Sprint GPS Data 8 Million Times Over a Year, Wired, December 1, 2009

Jim Harper, The Government Can Monitor Your Location All Day Every Day Without Implicating Your Fourth Amendment Rights, The Technology Liberation Front, February 11, 2010

Michael Isikoff, The Snitch in Your Pocket, Newsweek, Feb 19, 2010

Casey Johnston, Cell phones show human movement predictable 93% of the time, Ars Technica, Feb 23, 2010

Kelly Jackson Higgins, New Hack Pinpoints Cell Phone User's Location, Personal And Business Relationships, Darkreading, April 21, 2010

Paul Sonne and Max Colchester, Egyptian Government Intrudes on Mobile Operators, WSJ.com, February 4, 2011

VoIP

Lewis Page, NSA offering 'billions' for Skype eavesdrop solution, The Register, February 12, 2009

Paul Meller, Skype calls' immunity to police phone tapping threatened, IDG News Service, February 23, 2009

David Pogue, One Number to Ring Them All, New York Times, March 12, 2009

Flash Mobs

Clay Shirky, Here Comes Everybody, The Penguin Press, February 2008

Colin Moynihan, City Subpoenas Creator of Text Messaging Code, NY Times, March 30, 2008

Bill Brand, U.C. Berkeley student's Twitter messages alerted world to his arrest in Egypt, Oakland Tribune, April 15, 2008

Telegraph Staff, Students use Twitter to storm presidency in Moldova, Telegraph.co.uk, April 7, 2009

Nate Cochrane, Egyptians turn to Tor to Organise dissent online, SC Magazine, February 2, 2011

Conduct of Surveillance

Eric Lichtblau, Error Gave F.B.I. Unauthorized Access to E-Mail, New York Times, February 16, 2008

Lara Jakes Jordan, More FBI Privacy Violations Confirmed, The Associated Press, Mar 6, 2008

Ryan Singel, FBI Tried to Cover Patriot Act Abuses With Flawed, Retroactive Subpoenas, Audit Finds, blog.wired.com, March 13, 2008

Lisa Rein, Md. Police Put Activists' Names On Terror Lists, Washington Post, October 8, 2008

Lisa Rein, Police Listed Gay Rights Group Among Terrorists, Washington Post, January 23, 2009

Brian Ross, Vic Walter, and Anna Schecter, Inside Account of U.S. Eavesdropping on Americans: U.S. Officers' "Phone Sex" Intercepted, Recorded, Shared Across NSA Listening Post, ABC News, October 9, 2008

Tristana Moore, Deutsche Bahn shaken by spying scandal, BBC News, February 13, 2009

Yvonne Singh, Why are we fingerprinting children?, The Guardian, March 7, 2009

Nicole Kobie, Government to monitor all internet use and phone data, IT Pro, April 27, 2009

Susan Candiotti & Nicole Bliman, School District Accused of Remotely-Activating Webcam to Investigate Students, CNN, February 22, 2010 - Story also here.

Kim Zetter, Military Monitored Planned Parenthood, Supremacists, Wired, Feb 25, 2010

Data Mining & Data Selling

Arthur R. Miller, The National Data Center And Personal Privacy, The Atlantic, Nov, 1967

Declan McCullagh, Perspective: the flip side of database snooping, C|Net News.com, February 7, 2005

Tom Owad, Data Mining 101: Finding Subversives with Amazon Wishlists, Applefritter.com, January 4, 2006

John Aravosis, AMERICAblog just bought General Wesley Clark's cell phone records for $89.95, AMERICAblog, January 12, 2006

Steve Boggan Q. What could a boarding pass tell an identity fraudster about you? A. Way too much, The Guardian, May 3, 2006

Reuters, Agencies probing sales of cell phone data, C|Net News.com, January 14, 2006

Michael Barbaro and Tom Zeller Jr, A Face Is Exposed for AOL Searcher No. 4417749, NY Times, Aug 9, 2006

Eric Bangeman, AOL data leak may give data retention bill new life, Ars Technica, Aug 13, 2006

Bruce Schneier, TrackMeNot, Schneier on Security, August 23, 2006

Ryan Singel, FBI Mined Grocery Store Records to Find Iranian Terrorists, CQ Reports, Wired, November 06, 2007

Chris Soghoian, Did credit card companies collaborate with the FBI's grocery data mining program?, CNet, November 7, 2007

Juan Carlos Perez, Facebook's Beacon More Intrusive Than Previously Thought, PC World, Nov 30, 2007

Associated Press, Google to Store Patients' Health Records, New York Times, Feb 21, 2008 (to learn more about HIPPA, see US Department of Health and Human Services)

Eric Pfanner, Internet providers get a piece of ad income, International Herald Tribune, Feb 17, 2008, "This is taking targeting to the next level"

Louise Story, To Aim Ads, Web Is Keeping Closer Eye on You, NY Times, March 10, 2008

Jonathan Richards, CIA enlists Google's help for spy work, Times Online UK, March 31, 2008

Jacqui Cheng, Web surfers know advertisers are watching—and don’t like it, Ars Technica, March 31, 2008

Peter Whoriskey, Every Click You Make, Washington Post, April 4, 2008

Saul Hansell, Ad Industry Bans Targeting People With Cancer; Ads to Widows and Orphans Allowed, NY Times, April 10, 2008

Cade Metz, American ISPs already sharing data with outside ad firms, The Register, April 10, 2008, "We require our ISPs to give notice to the user directly, and we also allow for an opt-out"

Stephen Baker, The Numerati, BusinessWeek, August 28, 2008, "By building mathematical models of its own employees, IBM aims to improve productivity and automate management"

Declan McCullagh, Government report: Data mining doesn't work well, CNet News, October 7, 2008

Brad Stone, U.S. banks mine data and pitch to troubled borrowers, International Herald Tribune, October 22, 2008

Ron Lieber, A (Very) Watchful Eye on Credit Card Spending, NY Times, January 30, 2009.

Alex Kingsbury,The CIA and NSA Want You To Be Their Friend on Facebook, U.S. News and World Report, Feb. 5, 2009

BBC News, Government plans travel database, Feb 8, 2009

Miguel Helft, Google to Offer Ads Based on Interests, NY Times, March 11, 2009

Tom Whitehead, One in four government databases illegal, The Telegraph, March 23, 2009

Stephanie Clifford, Online Age Quiz is a Window for Drug Makers, NY Times, March 25, 2009

John Markoff, Vast Spy System Loots Computers in 103 Countries, NY Times, March 28, 2009

Jack Marshall, Phorm Launches Korean Trial Despite Concerns in U.K., ClicKz, March 30, 2009

Melena Ryzik, Mapping the Cultural Buzz: How Cool Is That?, NY Times, April 6, 2009

Maha Atal, How Advertisers Mine Data on Social Networks, Forbes.com, May 18, 2009

Deborah Yao, Web-monitoring software gathers data on kid chats, Associated Press, September 5, 2009

Joshua L. Simmons, Buying You: The Government's Use of Fourth-Parties to Launder Data about 'The People', Columbia Business Law Review, Vol. 2009, No. 3, p. 950

Steve Lohr, How Privacy Vanishes Online, NY Times, Mar 16, 2010

Paul Krill, Big Data mining: Who owns your social network data?, InfoWorld? , March 9, 2011

RFID

Beth Bacheldor, RFID Takes Root in Bangladesh, RFID Journal, Jan. 15, 2008

Declan McCullagh, RFID Tags: Big Brother in small packages, C|Net News.com, January 13, 2003

Kim Zetter, School RFID Plan Gets an F, Wired News, Feb. 10, 2005

Jim Rapoza, Security Getting Trampled in the Rush to RFID, eWeek.com, Mar. 7, 2005

Jacqueline Emigh, Homeland Security Officials Refute RFID Reports, CIO Insight, Mar. 17, 2005

Jacqueline Emigh, RSA Finds More Flaws in RFID, eWeek.com, Mar. 23, 2005

Mark Baard, RFID Cards Get Spin Treatment, Wired News, Mar. 29, 2005

RFIDUpdate.com, RFID Tattoos to Make a Mark on Cattle Tagging, RFIDUpdate.com, Feb. 11, 2008

Steve Boggan Cracked it!, The Guardian, Nov 17, 2006

Sharon Gaudin, RFID tech turned into spy chips for clandestine surveillance, Computerworld, March 20, 2008

Mark Mayne, RFID hacks defeat new UK passport security, SC Magazine UK, Apr 23, 2008

Dan Goodin, (USA) Passport RFIDs cloned wholesale by $250 eBay auction spree, The Register, February 2, 2009

Government Spoofing

Lance Whitney, China hijacked U.S. Internet data, C|Net News.com, October 22, 2010

Nick Fielding & Ian Cobain, US spy operation that manipulates social media, The Guardian, March 17, 2011

Kim Zetter, Congress Asks to Review DoD and NSA Contracts With HBGary, Wired, March 17, 2011

Declan McCullagh & Elinor Mills, Feds take porn fight to Google, C|Net News.com, January 19, 2006

Declan McCullagh, FAQ: What does the Google subpoena mean?, C|Net News.com, January 20, 2006

Reuters, Privacy experts condemn Google subpoena, C|Net News.com, January 20, 2006

Katie Hafner & Matt Richtel, Google Resists U.S. Subpoena of Search Data, New York Times, January 20, 2006

Katie Hafner, After Subpoenas, Internet Searches Give Some Pause, January 25, 2006

Constant Brand, EU Report Urges Search Data Deletion, The Associated Press, April 9, 2008

Andrew A. Adams and Ian Brown, Keep Looking: The Answer to the Machine is Elsewhere, SSRN, January 19, 2009

Declan McCullagh, Bill proposes ISPs, Wi-Fi keep logs for police, CNet News, February 19, 2009

Background

James Risen & Eric Lichtblau, Bush Secretly Lifted Some Limits on Spying in U.S. After 9/11, Officials Say, New York Times, December 15, 2005

Dan Eggen, Bush Authorized Domestic Spying, Washington Post, December 16, 2005

Kelli Arena, Bush says he signed NSA wiretap order, CNN.com, December 17, 2005

CBS/AP, Bush Defends Domestic Spying, CBS News, January 1, 2006

Terry Frieden, Gonzales to testify on domestic spying, CNN.com, January 13, 2006

ACLU, ACLU Sues to Stop Illegal Spying on Americans, Saying President Is Not Above the Law, ACLU.org, January 17, 2006

Center for Constitutional Rights, CCR Files Suit over NSA Domestic Spying Program, CCR-NY.org, January 17, 2006 (Press release appears to have vanished from the CCR site, but all documents from the case are here.)

Legal Documents

Asst. Attorney General William E. Moschella, DOJ Letter on Legal Authority for NSA Surveillance, December 22, 2005

Elizabeth B. Bazan & Jennifer K. Elsea, Presidential Authority to Conduct Warrantless Electronic Surveillance to Gather Foreign Intelligence Information, Congressional Research Service, January 5, 2006

Law Professors and Former Government Officials, A Response to the Justice Department's Letter of December 22, 2005, January 9, 2006

ACLU, NSA Spying Complaint, January 17, 2006

CCR, NSA Complaint, January 17, 2006

Attorney General Alberto R. Gonzales, Legal Authorities Supporting the Activities of the National Security Agency Described by the President, DOJ White Paper, January 19, 2006

James Risen and Eric Lichtblau, Intelligence Court Rules Wiretapping Power Legal, NY Times, January 15, 2009

Kim Zetter, NSA Whistleblower: Wiretaps Were Combined with Credit Card Records of U.S. Citizens, Wired, January 23, 2009

Eric Lichtbau & James Risen, N.S.A.’s Intercepts Exceed Limits Set by Congress, NY Times, April 15, 2009

NSA Surveillance Hearings

Eric Lichtblau, Top Aide Defends Domestic Spying, New York Times, February 7, 2006

Sen. Patrick Leahy, Statement, U.S. Senate Judiciary Committee Hearing on Wartime Executive Power and the NSA's Surveillance Authority, February 6, 2006

Alberto Gonzales, Prepared Testimony, U.S. Senate Judiciary Committee Hearing on Wartime Executive Power and the NSA's Surveillance Authority, February 6, 2006

Alberto Gonzales, Response to Questions from Chairman Specter, , February 6, 2006

A full transcript of the hearing is available here: Part I, Part II, Part III, Part IV.

Paul Kane, Senate Authorizes Broad Expansion Of Surveillance Act, Washington Post, February 13, 2008

Traffic Cameras

"Although charges are only in force at peak times, the system runs 24 hours a day" (See "Met given real time c-charge data" story below)

Mark Townsend & Paul Harris, Security role for traffic cameras, Guardian, February 9, 2003

Lester Haines, When is a speed camera not a speed camera?, The Register, November 10, 2003

Lester Haines, Speed camera clocks motorist at 406 mph, The Register, January 21, 2004

County's speed cameras set alight, BBC News, February 10, 2006

New cameras to 'cut road deaths', BBC News, February 13, 2006

Egan Orion, Secret pact allows the US to spy on UK motorists, The Inquirer, April 21, 2008

Met given real time c-charge data, BBC News, July 17, 2008

Photo Ticket Cameras to Track Drivers Nationwide, TheNewspaper.com, September 16, 2008

Ben Webster, Drivers will have no escape from new speed cameras, Times Online, October 9, 2008

Jon Nielsen, Duncanville council member wants to re-evaluate red-light camera policy, The Dallas Morning News, February 2, 2009

Karen Ann Cullotta, Chicago Links Street Cameras to Its 911 Network, New York Times, February 20, 2009.

Rajini Vaidyanathan, CCTV cars snap distracted drivers, BBC News, April 11, 2009

Cory Doctorow, Traffic cameras used to harass and limit movement of peaceful protestors, BoingBoing, November 21, 2009

Facial Recognition Technology

James Randerson, Face recognition technique aids security - and lookalike searches, The Guardian, January 26, 2008

Airports trial facial recognition, BBC News, April 25, 2008 "Tougher checks do take time, but we don't want long waits"

Christopher Hope, Mug shots at the touch of a button for police, Telegraph.co.uk, March 20, 2008 "...could allow CCTV cameras to trigger an alert when they film a known criminal"

Dana Oshiro, Picasa 3.5: Ruining Your Good Name with Face Recognition Tagging, Read Write Web, September 22, 2009

Social Networking and Online Dating

Melody Joy Kramer, Forfeiting privacy, one post at a time, Daily Pennsylvanian.com, November 30, 2005

Jessi Hempel with Paula Lehman, The MySpace Generation, Business Week, December 12, 2005

Kristi Eaton, Social sites spark privacy concerns, ASU Web Devil, January 18, 2006

Nate Anderson, Google + Facebook + alcohol = trouble, Ars Technica, January 19, 2006

Rob Stafford, Why parents must mind MySpace, NBC Dateline, January 27, 2006

CBS, MySpace: Your Kids' Danger?, CBS Evening News, February 6, 2006

Lizette Alvarez, (Name Here) Is a Liar and a Cheat, New York Times, February 16, 2006

Maria Aspan, How Sticky Is Membership on Facebook? Just Try Breaking Free, New York Times, February 11, 2008.

Phil Bradley, Spokeo, the Big Brother of social networking, pandia.com, February 25, 2008.

One-in-Five Employers Use Social Networking Sites to Research Job Candidates, CareerBuilder.com Survey Finds, CareerBuilder.com, September 10, 2008.

Emma Fitzsimmons and Bonnie Rubin, Social-networking sites viewed by admissions officers, Chicago Tribune, September 20, 2008.

Clive Leviev-Sawyer, It's Safer Internet Day, The Sofia Echo, Feb 10 2009

Brian Stelter, Facebook's users ask who owns information, International Herald Tribune, February 17, 2009.

Alan Cowell, Facebook withdraws changes in data use, International Herald Tribune, February 18, 2009.

Randall Stross, When Everyone’s a Friend, Is Anything Private?, New York Times, March 7, 2009

Tom Espiner, Gov't may track all UK Facebook traffic, ZDNet UK, March 18, 2009

Social sites dent privacy efforts, BBC News, March 27, 2009

Hacker Exposes Private Twitter Documents, NY Times, July 15, 2009

Carolyn Johnson, Project 'Gaydar', The Boston Globe, September 20, 2009

Google Social Search, Official Google Blog, October 26, 2009

Zeljka Zorz, Private info on Facebook increasingly used in court, Help Net Security, February 2, 2011

Border Searches

Ellen Nakashima, Clarity Sought on Electronics Searches, Washington Post, February 7, 2008

Helene Cooper and Michael N. Grynbaum, Passport Files of Three Candidates Breached, NY Times, March 21, 2008

Chloe Albanesius, Judge: Customs May Search Laptops Without Warrants, PC Magazine, April 23, 2008

Declan McCullagh, Judge orders defendant to decrypt PGP-protected laptop, February 26, 2009, CNet News

DNA Collection and Database Building

Eileen Sullivan, Feds to Collect DNA from Everyone they Arrest, Associated Press, April 16, 2008

BBC News, DNA database 'breach of rights, BBC News, Dec 4, 2008

Jennifer Sullivan, Controversial measure would require DNA sampling at arrest, The Seattle Times, February 4, 2009

Solomon Moore, F.B.I. and States Vastly Expand DNA Databases, April 18, 2009