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DHS To Share Spy Satellite Data Over the US 161

An anonymous reader sends us to the Wall Street Journal for the news that later this year the US Department of Homeland Security will begin sharing US spy satallite data with law enforcement and other customers. From the article: "...one of [DHS]'s first objectives will be to use the network to enhance border security, determine how best to secure critical infrastructure and help emergency responders after natural disasters. Sometime next year, officials will examine how the satellites can aid federal and local law-enforcement agencies, covering both criminal and civil law... DHS officials say the program has been granted a budget by Congress and has the approval of the relevant committees in both chambers... Unlike electronic eavesdropping, which is subject to legislative and some judicial control, this use of spy satellites is largely uncharted territory... [A CDT spokesman said] 'Not only is the surveillance they are contemplating intrusive and omnipresent, it's also invisible. And that's what makes this so dangerous.'"
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DHS To Share Spy Satellite Data Over the US

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  • by cayenne8 ( 626475 ) on Wednesday August 15, 2007 @04:23PM (#20241687) Homepage Journal
    Hmm...so, should this info be made freely available to the US citizens, so we can monitor how well our govt. is doing things like protecting our border...where they are gathering in reference to peaceful protests, how well they're responding to emergencies (would have been interesting for Katrina to see them all standing around).
    • Re: (Score:3, Funny)

      Hmm...so, should this info be made freely available to the US citizens, so we can monitor how well our govt. is doing things like protecting our border...

      ...and keeping an eye on that super hot, nubile young terrorist type that likes to sunbathe in the nude on the roof of our building...

    • by nurb432 ( 527695 )
      Good luck with that, even tho we paid for the information we dont get access to it.
  • by SatanicPuppy ( 611928 ) * <Satanicpuppy.gmail@com> on Wednesday August 15, 2007 @04:24PM (#20241693) Journal
    Let's be honest...Law enforcement isn't going to get much use out of this...there is too much data, and they have too few people and resources to sift through it all.

    Geeks on the other hand, would have a field day. There would be AJAX pages tracking border crossers in real time, sites dedicated to assembling satellite photos of crimes in progress, the works.

    Sure, you'd have to deal with lawsuits from every nude sunbather in america, but that's a small price to pay for freedom.
    • ...there is too much data, and they have too few people and resources to sift through it all.
      Actually, that's kind of what worries me. There isn't going to be any 'discovery' of crimes use to this at all. I fear for this only to be abused.

      I can run through a horror scenario and I'll even welcome the tinfoil hat comments.

      Your son gets a speeding ticket & tells a cop to "go fuck himself." There's nothing exactly illegal with that. Annoyed and upset, the policeman writes down the vehicle's make, model & license plate. The officer returns to his precinct and proceeds to monitor your sons vehicle. Your son happens to surpass the speed limit & the officer promptly issues a speeding ticket ... and another ... and another. Where ever your son goes at night, this policeman checks it and waits for him to show up at the wrong place at the wrong time to nail him with a crime. Law of parties can be a very powerful charge [democracynow.org].

      See the problem with this 'tool' is that any law enforcement with an ax to grind or whatever motive can wait for you to slip up. Everyone breaks the law, it's just a question of when. That's what worries me. This is like entrapment or some crazy idea of your government viewing you as guilty until everything is monitored and you're proven innocent. Everyone is human and therefore makes mistakes and this spells bad news for anyone who crosses the police or is the target of racial prejudice.

      Long story short, it's not useful to 'discover' criminal activity & is just begging to be abused. We have warrants for a reason, get them in place on this!
      • by LWATCDR ( 28044 )
        "Your son gets a speeding ticket & tells a cop to "go fuck himself." There's nothing exactly illegal with that. Annoyed and upset, the policeman writes down the vehicle's make, model & license plate."
        1. My son would have to apologize to the police officer. It is rude, uncalled for, and stupid.
        2. How it any different than the officer just watching out for him.
        This would be a case of stupidity being it's own reward.

        Now for a little more reality How the heck is a spy satellite going to read a license
        • by Cyberax ( 705495 )
          Ok.

          The police officer calls you a criminal. You're offended, you tell the police officer that you're going to report HIS misbehavior. So he starts tracking you and so on.
        • Re: (Score:3, Interesting)

          by dmpyron ( 1069290 )
          Ever hear of OBD III? The spec for it includes a two way radio. It could be used by the cop on the side of the road to get your speed without ever turning on a radar. In theory, it could also be used to, for instance, turn off your car. That's not in the spec, but there's no telling what might get "added in" by our benevolent government. You don't think that the ELINT can't pick up those signals? And discriminate? Paranoid? Maybe. Just because you're paranoid doesn't mean they're not out to get you
      • by delong ( 125205 )
        Long story short, it's not useful to 'discover' criminal activity & is just begging to be abused. We have warrants for a reason, get them in place on this

        If it has no use in "discovering criminal activity", then how exactly will it be abused?

        Police currently do not need warrants to overfly your property and take all the pictures they want. You have no reasonable expectation of privacy from overflight. By simple analogy, you also have no reasonable expectation of privacy from satellite photography. Er
        • If it has no use in "discovering criminal activity", then how exactly will it be abused?

          In discovering non-criminal activity that should be none of their business anyway. If the police gets the data, data-mining companies will get the data; they'll discover you parked 5 times last month in front of the liquor store - the trucking company where you applied for work won't hire you, because you may have a drinking problem, no matter that you were going to the computer store across the street. They'll discov
          • by delong ( 125205 )
            If the police gets the data, data-mining companies will get the data

            This is by far one of the most ludicrous paranoid screeds I've read in a long time.
            • by rtb61 ( 674572 )
              Thieves can use it to plan the crimes (the ones with secret warrants as well as the regular kind), and who exactly will be spying on children in playgrounds and what will they be planning.

              Of course the really cool things is it is digital, so what was in it can be altered as well as when it actually occurred.

              When they can continuously monitor and control your family, they control you, good luck.

          • Circumstantial evidence cannot be used to prove a crime was committed.
            The fact that i parked a car overnight in front of a beer store does not mean i drank 256 cases of beer all night.
            If my application for employment is rejected on that basis, the trucking company will stare down a $1.2 million lawsuit for discrimination based on personal prejudices.
            In fact the trucking company will have a hard time in court with my lawyer who will proceed to question the president of the trucking company that since his car
      • Re: (Score:3, Insightful)

        by DerekLyons ( 302214 )

        I can run through a horror scenario and I'll even welcome the tinfoil hat comments.

        You have a vastly overinflated idea of a) how much detail can be seen from satellites, and b) of how thorough the coverage is. (Much of Google's 'satellite' coverage actually comes from aerial photography.) And even so, the top of one car looks pretty much like another.

        Long story short, it's not useful to 'discover' criminal activity

        If it's not useful for detecting criminal activity - then it's also not us

        • by lawpoop ( 604919 )

          You have a vastly overinflated idea of a) how much detail can be seen from satellites, and b) of how thorough the coverage is. (Much of Google's 'satellite' coverage actually comes from aerial photography.) And even so, the top of one car looks pretty much like another.
          So then, why would law enforcement want to get a hold of this data?
          • Satellites are good for some things. They're pretty handy out in the desert, for instance. You can see a cargo van in an otherwise trackless desert using a satellite pretty easily; or if a few vehicles had driven the same route, you'd be able to clearly see the hard-packed trail they'd leave. That's pretty useful in terms of border security.

            Might also be handy to watch the same area over time, looking for changes that you might not notice if you were there in person. It might not be economically feasible to
            • Re: (Score:2, Insightful)

              by lawpoop ( 604919 )
              Man, I'm really hoping that satellite photography is something that's being over-sold to your average law enforcement as some kind of techno-magical panacea that doesn't really live up to its claims, rather than an all-purpose 'know everything about everybody' that conspiracy theorists fear. Even if it doesn't completely allow you 'total information awareness', even partial law-enforcement awareness might be a gigantic invasion of privacy.
          • Reply because it *is* useful for some things. - for looking for/at tracks or camp locations in the wilderness (or any extended activity for that matter). For watching potential, um, agricultural sites. Etc... etc...
             
            Just because it's not good enough for instantaneous and individual tracking doesn't mean it's not good for other purposes or that datamining might not yield information.
        • It should be pointed out that satellites come in several forms and with different orbits. Some don't gather much detail, but can watch a large area for a long time. If you've read enough Tom Clancy novels, you know that these types of satellites are terrific for passively recording movement of vehicles and (specks that are people), and running the tape backward after an event to see where the perpetrators originated from. Then you run the tape forward and catch the perp's.

          Of course, once you've run the tap

          • Re: (Score:3, Informative)

            by DerekLyons ( 302214 )

            If you've read enough Tom Clancy novels, you know that these types of satellites are terrific for passively recording movement of vehicles and (specks that are people), and running the tape backward after an event to see where the perpetrators originated from. Then you run the tape forward and catch the perp's.

            There's all manner of things in Tom Clancy novels - some of them are even true. This particular one isn't, because satellites aren't over one area long enough to do so. (Only geosync birds are - an

            • My first programming job was with a company that made software to process satellite and aerial photography. This person knows what he's talking about. The kind of satellites that DHS is likely to allow civilian law enforcement to look at do not have that kind of resolution at all.

              Now, I never worked with classified data, but I have serious doubts over what military satellites are capable of based on conversations with coworkers. Our parent company also made top of the line aerial sensors, and our best se
            • by Degrees ( 220395 )
              Actually, I got my info from a co-worker who saw a photo printed from one of the high-resolution military satellites. I've never known him to be a liar, so I trust that when he says he saw a photo that resolved printing on a one centimeter object, that indeed it is for real.

              In TFA they mentioned that in the past, the DOD would sometimes provide info to the Feds. I recall that after the Oklahoma City Bombing, it was mentioned on the radio that one of the perps was caught because he traveled 200 miles away f

              • Your co-worker may have been mistaken as to where that photo came from. A UAV could take that picture, but you couldn't get a picture like that from orbit even if you turned Hubble around.

                I don't recall that statement about catching one of the Oklahoma City bombers by watching him run away, but I could see the radio station being misinformed (either deliberately or accidentally). Not to tar them all with the same brush, but Slashdot remembers a radio station continuing actions that were ultimately lethal
              • Actually, I got my info from a co-worker who saw a photo printed from one of the high-resolution military satellites. I've never known him to be a liar, so I trust that when he says he saw a photo that resolved printing on a one centimeter object, that indeed it is for real.

                He might not be a liar - but he is (at a minimum) exaggerating somewhat, or misunderstood what he saw.

                In TFA they mentioned that in the past, the DOD would sometimes provide info to the Feds. I recall that after the Okla

              • by mfrank ( 649656 )
                The cop who pulled over McVeigh did it because he was driving without licensce plates. He was an experienced cop, felt that something was fishy, and found an illegal weapon in the car. McVeigh cooled his heels in an Oklahoma jail for a few days before they even realized he was the guy (I believe they got the VIN for the U-Haul that blew up and traced it to him).

                They didn't bust him with satellites. And your buddy was goofing on you.
      • If law enforcement has an ax to grind with you right now, what's stopping them from shadowing you wherever you go in public? What's to stop an agent from recording video of you every time you leave your house? The only things stopping them are resources and priorities. Nothing else protects you in public. Piss somebody off badly enough, and they just might decide to stalk you. Such are the risks of being human.

        Sounds like you are proposing that law enforcement should need a warrant merely to take pictu
    • Just a quick reality check.

      tracking border crossers in real time, sites dedicated to assembling satellite photos of crimes in progress

      I think you've watched Enemy of the State maybe one too many times.

      Surveillance satellites are not geo-synchronous, so they cannot observe in what most of us consider real-time. "Real-time" surveillance is not like watching a color movie of what's going on on the ground. It is more like analyzing black and white snapshots of what is on the ground as the satellite(s) pass

    • by PPH ( 736903 )

      Let's be honest...Law enforcement isn't going to get much use out of this...there is too much data, and they have too few people and resources to sift through it all.

      Law enforcement, particularly DHS, is supposed to be protecting us from terrorists. Not pot growing operations or Mexicans crossing the border, looking for work. Satellite data isn't going to be of much use to detect the former activities. It will be useful to detect the latter, and that's the problem. If we are to believe that we are under c

  • The data they have is can be found in Google earth for free. It is in a much more user friendly format than the government data as well.
    • by SatanicPuppy ( 611928 ) * <Satanicpuppy.gmail@com> on Wednesday August 15, 2007 @04:32PM (#20241797) Journal
      Um, no.

      The spy satellites are considered by military experts to be more penetrating than civilian ones: They not only take color, as well as black-and-white photos, but can also use different parts of the light spectrum to track human activities, including, for example, traces left by chemical weapons or heat generated by people in a building....According to defense experts, (spy sats) use radar, lasers, infrared, electromagnetic data and other technologies to see through cloud cover, forest canopies and even concrete to create images or gather data.

      We're talking higher rez, multiple spectrums, and updated extremely often. Just a touch different from Google Maps.
      • I hear ya. This part from TFA gets me:

        "Mr. Allen, the DHS intelligence chief, says the department is cognizant of the civil-rights and privacy concerns, which is why he plans to take time before providing law-enforcement agencies with access to the data. He says DHS will have a team of lawyers to review requests for access or use of the systems.

        "This all has to be vetted through a legal process," he says. "We have to get this right because we don't want civil-rights and civil-liberties advocates to have

        • Re: (Score:3, Insightful)

          Heh. Yea, he's "cognizant" of them all right.

          I can't see how this won't be misused. "Where were you on the night of the 1st?" "I think I was at home..." "Well you weren't! Here are the thermal satellite images to prove it!"

          Seriously. This is a wet dream for the cops.
      • "cloud cover, forest canopies and even concrete to create images or gather data."

        I find it pretty darn impossible to believe spy satellites can penetrate concrete, or even dense forest cover in the way that's implied as it simply makes no scientific sense. Nothing except neutrinos and a few gamma rays are going to penetrate a standard building (especially if it is multiple stories), but both of these would be impossible for surveillance.

        Also, how exactly can something penetrate concrete, then reflect of ski
        • by nurb432 ( 527695 )
          Think thermal energy.

          Sure, they cant id the people in teh living room sucking on that hooka, or see what anti American propaganda you are reading, but they can tell that people were at the crime scene, ( and then track you in daylight once you leave the building ) or that you have a hidden grow room in the northwest closet..

          So its not totally useless.
          • Thermal Energy = infra Red.

            There is simply no way Infra Red can be picked up after traveling through air, then through even few inches of concrete/bricks/wood/tiles then through air again, especially as a typical building has several insulating layers (e.g. ceiling, thermal insulation, cavity space, roof tiles). The signal is going to be simply non-existent.

            Large static sources of heat like "grow rooms" may show up if on the top floor of a "thin"-roofed building, although they would appear pretty identical
            • by nurb432 ( 527695 )
              Go on believing that, I've seen it. It does work.
              • Performing the impossible is ...impossible. Appearing to perform the impossible (particularly when multi-million dollar federal contracts are in the air) is far easier.
      • We're talking higher rez, multiple spectrums, and updated extremely often. Just a touch different from Google Maps.

        Meh. There's a direct tradeoff between the number of bands of color that you can sense and the resolution you can resolve. Panchromatic satellites have significantly better resolution than multispectral satellites which have better resolution than hyperspectral satellites. This is why nearly every color satellite has different resolutions for black & white and color images that it can ta
  • and look forward to their snappy brown uniforms and leather boots.
    • Re: (Score:3, Funny)

      and look forward to their snappy brown uniforms and leather boots.

      That's UPS, not DHL.

      Oh, wait...
      • by Surt ( 22457 )
        Didn't you ever wonder why they are quite so inept at delivering packages? Because that's not their job.
  • Transparency (Score:1, Interesting)

    by Anonymous Coward
    "Unlike electronic eavesdropping, which is subject to legislative and some judicial control, this use of spy satellites is largely uncharted territory... [A CDT spokesman said] 'Not only is the surveillance they are contemplating intrusive and omnipresent, it's also invisible. And that's what makes this so dangerous.'""

    Someone in a book suggested dispensing with privacy and have two-way transparency. The watchers get watched with the same degree of attention they watch us.
    • The argument that private citizens should have equal access to this is an interesting one. Historically, satellite imagery from the NRO has been closely guarded on grounds of national security, because releasing it reveals details that might be useful to unsavory people about our satellites capabilities, orbits, and operating practices. There is of course, the additional issue of privacy. After all, not just any private citizen can have access to a wire-tap. Then again, a wiretap requires (in theory anyways
    • Re: (Score:2, Informative)

      by jdigriz ( 676802 )
      Invisible, my ass. http://www.satobs.org/ [satobs.org]
    • No more "invisible" than NSA wiretaps. Not that I want either of them, particularly.
  • Google Earth already does this, scanning the international community for law breakers like the topless sunbather in Holland. <URL:http://googlesightseeing.com/2006/09/19/tople ss-sunbathing/>
  • DGB (Score:4, Insightful)

    by KiloByte ( 825081 ) on Wednesday August 15, 2007 @04:29PM (#20241757)
    Department, Commissariat (as in KGB) of Homeland Security -- what's the difference? The concept is the same, the purpose as well. There are still some details in implementation, but let's cut them some slack, they started just in 2002 so there's still much to be ironed out.

    The real question is, does the population really believe any agency of this sort has a place in a democratic country?
    • by Cyberax ( 705495 )
      Actually "K" in KGB means "committee" - that's how departments were called in the USSR :)
  • it's also invisible. And that's what makes this so dangerous.

    Not if you're invisible too.

    But really folks, is invisible surveillance really that much more dangerous than the visible kind? I don't think so. If the crazies are so worried, let them run around planting signs everywhere: Never Forget The Eye in the Sky!

    Truth is, visible surveillance becomes invisible the moment it becomes ubiquitous.

    • > But really folks, is invisible surveillance really that much more dangerous than the visible kind? I don't think so. If the crazies are so worried, let them run around planting signs everywhere: Never Forget The Eye in the Sky!

      Reminds me of a little song I heard when I was growing up. Once upon a time, today's world would have been looked upon as the demented fantasy of a heavy metal band.

      Up here in space,
      I'm looking down on you.
      My lasers trace
      Everything you do.
      You think you've private lives,

      • by Phisbut ( 761268 )

        Up here in space,
        I'm looking down on you.
        My lasers trace
        Everything you do.

        Good luck with that. My tinfoil hat will reflect your laser back to you, and your satellite will explode... Mwahaha!

    • by mrogers ( 85392 )

      But really folks, is invisible surveillance really that much more dangerous than the visible kind? I don't think so.

      Michel Foucault said it much better than I ever could:

      Disciplinary power... is exercised through its invisibility; at the same time it imposes on those whom it subjects a principle of compulsory visibility. In discipline, it is the subjects who have to be seen. Their visibility assures the hold of the power that is exercised over them. It is the fact of being constantly seen, of being able al

  • The main point about obtrusive surveillance technologies is whether or not data from them is admissible in court. Like if the FBI tapped your phone without a very good reason and a court order, any information they gather couldn't be used against you. The thing with surveillance like this is that any data it collects probably would be admissible if the court viewed it like any other camera data. In any event, I think that we can mostly agree that satellite surveillance should be used for military purpo
    • err intrusive, not obtrusive ... derh
    • Re: (Score:3, Interesting)

      by ArsonSmith ( 13997 )
      I'd be fine with it being used to find the kids that broke my window. Or the person that stole my car or broke into my house or any other real crime. What I'm afraid something like this could be used for is catching the person who buys a bag of weed, or smokes a cigarette in a nonsmoking area with nobody around or any of the other "made up" crimes.
      • What I'm afraid something like this could be used for is catching the person who buys a bag of weed,
        One of the things those satellites are good for is taking pictures upon which you can do a spectral analysis for the purpose of finding marijuana (or in other countries, poppy) fields.

        In countries where satellites are used in such a fashion, growers have taken to mixing their 'crop' with other crops to avoid presenting a big obvious target.
        • by gobbo ( 567674 )

          In countries where satellites are used in such a fashion, growers have taken to mixing their 'crop' with other crops to avoid presenting a big obvious target.

          Anecdote: I once met a farmer from Iowa whose primary income came from interplanting cannabis with corn, in order to mask the infrared and colour signature.

          The point is, this was 20 years ago. The satellites weren't the issue then, flyovers were. The local technique (I live in a rural area famous for its alternative crop) is infrared-spotter helicopters supplied by the foreign-invaders 'DEA' and co-staffed by RCMP (that's 'mounties' to you 'murricans).

    • by nurb432 ( 527695 )
      If it will be used ONLY for military purposes, why did they discuss using the data in civil cases?

      It will be used/abused for any purpose they can. You can count on it.
  • Everyone should paint messages on their roof.

    "He went that way ->"
    "Are you looking at ME?"
    "Bite me"
    "Nothing to see here, move along"
    "I have a telescope and I'm looking right back atcha"
    "No WMDs here either"
    "I'm hairy and nude - you still wanna look?"
    "Area 52"

    See? Mess with their heads.
    • Re: (Score:2, Funny)

      by JamesRose ( 1062530 )
      If you really want to mess with them, either paint white noise or put transluccent plastic 4 foot over your roof all the way across your premisses- either way it looks like they have a malfunction
    • by PPH ( 736903 )
      An enlargement of the Goatse home page graphics.
  • 'Local' law enforcement are considered CUSTOMERS?

    What kind of fucked up thing is that?
    • Yes and LE are customers of Glock and Taser International and GM. News flash! LE doesn't make all their own equipment! You wouldn't like it if they did. It would be the worst quality most expensive shit you have ever seen if they did.
    • by Animats ( 122034 )

      That's the terminology used in the intelligence community. The organizations that act on intelligence, and make requests for it, typically DoD units, are called "customers".

  • Just pass the word to the Administration and its Congressional allies that those satellites are good enough to show nekkid women sunbathing.
    • Just pass the word to the Administration and its Congressional allies that those satellites are good enough to show nekkid women sunbathing.

      I was thinking you could tell them they can use the sats to scope out gay marriages, but they'd probably go for it soon as they can figure a way to make gay sex a crime again...

    • by Phisbut ( 761268 )

      Just pass the word to the Administration and its Congressional allies that those satellites are good enough to show nekkid women sunbathing.

      If the DOH satellite happens to capture pictures of kids running naked in the backyard, shouldn't they go to jail for producing kiddie porn?

  • by nurb432 ( 527695 ) on Wednesday August 15, 2007 @05:24PM (#20242333) Homepage Journal
    Great. Will they be reading what is on the screen of your ipod and send you a demand for proof of purchase of the song?

  • by Sangui5 ( 12317 ) on Wednesday August 15, 2007 @06:16PM (#20242873)
    Law enforcement can't just make arbitrary searches; that's what the fourth amendment is about. If you hold a reasonable expectation of privacy, then fourth amendment rights apply, even in the face of advancing technology. The use of infrared cameras to look for marijuana grow lights is illegal without a warrant, for example. Similarly, even though it is feasible for there to be a microphone planted inside a phone booth, you have a reasonable expectation of privacy inside phone booth. So, LEOs need to get a warrant before they can bug a phone booth.

    Also, there are some traditional privacy rights which can interact in interesting ways. For instance, you have the same privacy rights in the area immediately around a house (the curtailage) as you would inside. The curtailage includes any areas under a roofing overhang, and any areas generally bounded by fences, hedges, and other physical obstructions which would prevent a ground-level observer from peeking in. So, even though your back yard is open to the sky, both aerial photography or satellite imagery requires a warrant. Viewing from a nearby tall hill doesn't.

    Law enforcement can already use commercial satellite imagery (within 4th amendment limits), or their own aerial overflights (again, within limits) to get images just as readily as they could from the US government. For the scary things people are worried about, they can already do them if they are willing to break the law themselves. Using military satellites would be just as illegal.
    • by Sangui5 ( 12317 ) on Wednesday August 15, 2007 @06:58PM (#20243249)
      Bad form to reply to myself, but here's links to relevant SCOTUS cases. Overall, the tone is about when one has a reasonable expectation of privacy.

      Note that the links may require registration (findlaw seems to be a little random about that). You can also just google the case names.

      SILVERMAN v. UNITED STATES, 365 U.S. 505 (1961)
      ----------
      Ruling that using a "spike mike" to push against adjoining wall to listen in was illegal. The ruling makes a big deal that nobody expects a spike mike to be used, and that the people who were being listened to had a reasonable expectation of privacy.

      http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?c ourt=US&vol=365&invol=505 [findlaw.com]

      KATZ v. UNITED STATES, 389 U.S. 347 (1967)
      ----------
      Ruling that bugging a public phone booth without a warrant was illegal. The ruling makes a big deal that although the phone booth was transparent, it still blocks sound, and it was for the purpose of not being overhead that one enters a phone booth. Hence, there is a reasonable expectation of privacy.

      http://caselaw.lp.findlaw.com/scripts/getcase.pl?c ourt=US&vol=389&invol=347 [findlaw.com]

      DOW CHEMICAL CO. v. UNITED STATES, 476 U.S. 227 (1986)
      ----------
      Ruling that a 2000 acre industrial site is not like the curtilage of a house, but is more like an open field, so using commercially available aerial photography is not illegal. The ruling considers that since anybody could overfly it isn't a big deal, and that the area is particularly large and open so one really can't expect privacy. The ruling briefly mentions that if advanced satellites were used, the search could have been illegal.

      http://caselaw.lp.findlaw.com/scripts/getcase.pl?c ourt=us&vol=476&invol=227 [findlaw.com]

      CALIFORNIA v. CIRAOLO, 476 U.S. 207 (1986)
      ----------
      Ruling that naked eye observation from 1000 ft in an airplane in public airspace is not illegal. The ruling considers that anybody could fly over at 1000 ft, and that overflights aren't unusual, hence there shouldn't be an expectation of privacy.

      http://caselaw.lp.findlaw.com/scripts/getcase.pl?n avby=search&court=US&case=/us/476/207.html [findlaw.com]

      FLORIDA v. RILEY, 488 U.S. 445 (1989)
      ----------
      Ruling that naked eye observation from 400 ft in a helicopter in public airspace is not illegal. The ruling seems to make a big deal that nobody mentioned that 400ft helicopter overflights are unusual, and leaves open the question that if somebody did bring evidence that they were unusual, that the search may have been deemed illegal. However, given that anybody could have flown a helicopter at 400ft, it is legal.

      http://caselaw.lp.findlaw.com/scripts/getcase.pl?n avby=search&court=US&case=/us/488/445.html [findlaw.com]
    • Didn't you hear? The bill of rights is so last-administration these days....
    • Re: (Score:2, Insightful)

      by JM78 ( 1042206 )
      Law enforcement can't just make arbitrary searches...

      Arguing legality only works when:

      a: the current laws are upheld by those who are in power.
      b: illegal actions taken by those in power are made public

      The problem with this is that we are increasingly seeing the erosion of our civil liberties over time. Using the fourth amendment argument doesn't work when we live with a government who can legally declare any American citizen an 'enemy combatant' and incarcerate them indefinitely without declaratio
  • Who is damn sick and tired of being spied on by their own government?

  • Wait for a cloudy day before you do your Bad Stuff.

  • When you start using data from spy satellites, it's unlikely that a defendant will be able to see the evidence against them. The capabilities and resolution of spy satellite photos is classified, so all most people will see is down-graded view. Even military commanders in the field get an interpretation -- they ask about particular features of a potential target, and then a photo analyst draws them a picture describing the photo. That way, the picture (and the satellite's capability) can't fall in to enemy
    • There's no way in hell they'd share classified IMINT with Barney Fife. Nobody in the FBI, DHS or INS holds TS-SCI/TK clearance.

      Even military commanders in the field get an interpretation

      Indeed. Replace "military commanders" with "law enforcement agents". Any permissible evidence would have to be downgraded to the point that it was unclassified, or FOUO at the very least. Considering where the *good* IMINT comes from, it would take a very cold day in a hot place before that happened.
  • Usually I'm a huge privacy & security zealot, but the sharing of remote sensing data doesn't bother me. Here's why: Public photography is legal.

    Remote sensing data (i.e. visual imagery, radar, infrared, SIGINT, gravity measurements, spectroscopy, whever else you can think of...) are the types of data that anyone can freely collect on their own however they please. How, you might ask? Walk outside. Snap a picture with the camera in your cell phone. Turn on a radio. Measure the surface temperature

After all is said and done, a hell of a lot more is said than done.

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