Page 245 - Privacy in a Cyber Age Policy and Practice

NOTES 233

227. Such a measure is proposed in: Kenneth L. Wainstein, “Memorandum for
the Attorney General,” November 20, 2007, 9, http://www.emptywheel.net/
wp-content/uploads/2013/06/111120-Wainstein-memo.pdf. However, it has
been noted that the efficacy of audit trails can be compromised through the
introduction of loopholes. For more on this point, see Patrick C. Toomey,
“Raiding the ‘Corporate Store’: The NSA’s Unfettered Access to a Vast Pool
of Americans’ Phone Data,” American Civil Liberties Union, August 2, 2013,
https://www.aclu.org/blog/national-security/raiding-corporate-store-nsas-
unfettered-access-vast-pool-americans-phone-data.
228. Leonard H. Schrank and Juan C. Zarate, “Data Mining, Without Big Brother,”
The New York Times, July 2, 2013, http://www.nytimes.com/2013/07/03/
opinion/data-mining-without-big-brother.html?_r=0.
229. Ibid.
230. Ibid.
231. In 2001, six men from Buffalo, New York, took a trip to Pakistan for a spiritual
retreat sponsored by Tablighi Jamaat—a group that, while associated with
radicalism, was not designated as a terrorist organization. While there, how-
ever, the six men were accused of attending a terrorist training camp called Al
Farooq and supposedly listened to a speech delivered by Osama bin Laden.
No evidence was presented of a forthcoming plot on their part. There were
no weapons found, no history of violence uncovered, nor was there any ‘clear
and convincing evidence’ that the six men were planning any sort of terrorist
act. Yet they were still charged under the Antiterrorism and Effective Death
Penalty act with a possible fifteen years in prison and $250,000 fine for their
activities. JoAnn Wypijewski, “Living in an Age of Fire,” Mother Jones, March/
April 2003, http://www.motherjones.com/politics/2003/03/living-age-fire.
232. Greg Miller and Sari Horwitz, “Boston Case Highlights Limitations of U.S.
Counterterror Network,” The Washington Post, May 4, 2013, http://articles.
washingtonpost.com/2013-05-04/world/39025322_1_boston-marathon-
national-counterterrorism-center-terrorist-bomb-plot/2.
233. Privacy And Civil Liberties Board, “Report On The Telephone Records
Program Conducted Under Section 215 of the USA Patriot Act and on the
Operations of the Foreign Intelligence Surveillance Court” 145, January 23,
2014, http://www.pclob.gov/siteassets/pages/default/pclob-report-on-the-
telephone-records-program.pdf
234. Privacy and Civil Liberties Oversight Board, “Report on the Surveillance Pro-
gram Operated Pursuant to Section 702 of the Foreign Intelligence Surveil-
lance Act,” July 2, 2014.
235. Spencer Ackerman, “NSA Reformers Dismayed after Privacy Board Vindi-
cates Surveillance Dragnet,” The Guardian, July 2, 2014.
236. Kim Dotcom, “Prism: Concerns over Government Tyranny Are Legitimate,”
The Guardian, June 13, 2013, http://www.guardian.co.uk/commentisfree/2013/
jun/13/prism-utah-data-center-surveillance.
237. Conor Friedersdorf, “All the Infrastructure a Tyrant Would Need, Courtesy
of Bush and Obama,” The Atlantic, June 7, 2013, http://www.theatlantic.com/
politics/archive/2013/06/all-the-infrastructure-a-tyrant-would-need-
courtesy-of-bush-and-obama/276635/.