Author: seanvitka@gmail.com

The FBI just cemented its relationship with Clearview AI, according to CyberScoop, meaning we’re all one step closer to the “end of privacy as we know it.” The contract is only for $18,000, but it gives the FBI online access to billions of images illicitly scraped from social media companies without users’ consent. CyberScoop further found “more than 20 federal law enforcement contracts” for facial recognition had been awarded since June — when GAO released this damning report on the technology.

Biden “considering” redesignation of Houthis as a terrorist organization as war on Yemen escalates this month…

Another hurdle cleared for NDAA’s passage in the Senate. Action expected this afternoon. When we clocked out last night, there was yet another impasse for the Senate NDAA regarding lack of sanctions on the Nord Stream 2 Pipeline. We woke up, however, to news that a tentative deal has been reached to move things forward. The Nord Stream 2 sanctions amendment is now slated for a vote, along with 21 other amendments. The catch: to move the amendment votes forward today, Senators must reach unanimous consent, Politico reports. That means some last minute wrenches can still be thrown into the works. Consideration of the NDAA is on the docket for noon today according to the Senate schedule. We’re hoping this nightmare of a process will be over by our next edition (fingers crossed)

Data broker founded in Singapore tells Sen. Wyden its data is being used by DHS, IRS, military, and more for warrantless tracking …

NDAA Ahead! After a cloture vote was delayed due a last-minute attempt to merge the U.S. Innovation and Competition Act of 2021 (USICA) and the NDAA, the Senate finally cleared the procedural hurdle last night after Schumer and Pelosi agreed to negotiate the USICA language separately. A motion to proceed is on the docket for a vote this morning. As the Thanksgiving recess approaches, the time crunch adds even more uncertainty over the fate of over 900 amendments to be considered either en bloc or for a floor vote (though it’s unlikely many will receive the latter). We have more NDAA talk below.

Congress is gearing up for a fight on continued US military assistance to Saudi Arabia…

New helicopter contract with Saudi Arabia flies in the face of Biden’s promised policy shift. The new $500bn deal signed by the Biden admin would provide support to the Royal Saudi Land Forces Aviation Command’s fleet of Apache helicopters, Blackhawks, and a future fleet of Chinook helicopters. The deal provides two years of training, the service of 350 US contractors, and two US government staff. The deal was first announced in September. Per The Guardian, it is very likely these helicopters have been used previously in Saudi’s offensive operations in Yemen, contradicting Biden’s supposed ending of US support for such operations.

As world leaders meet at COP26, Rep. Lee wants the DoD to own up to its own carbon footprint (which is massive). The clock has run out for the DoD to provide a detailed report on the Pentagon’s greenhouse gas emissions, as mandated by the FY2021 NDAA…

Although we’re used to watching bad horror movies this month — Treasury’s sanctions review is really, really bad. After nearly 10 months after the Biden admin announced it would undergo a comprehensive review on US sanctions policy, they released a 7-page document that didn’t evaluate past or current sanctions programs, contained boilerplate recommendations without specifics, and did not seriously grapple with negative humanitarian consequences or ineffectiveness of sanctions. In his hearing yesterday with the Senate Banking Committee, Deputy Treasury Secretary Adeyemo did not provide much info outside of what was in the 7 pages, and dodged some pretty simple questions (see this exchange with Sen. Ossoff). Needless to say, advocacy groups, who have been calling for comprehensive evaluation of US sanctions regimes along with meaningful reforms, are pretty disappointed.

Somebody in this camp ain’t what he appears to be: DEA approved 50+ covert surveillance requests (including undercover infiltration and aerial surveillance) targeting racial justice protests last summer, according to new documents released by Citizens for Responsibility and Ethics in Washington…

The public’s support for surveillance ten years ago has flipped to opposition, according to a new AP-NORC poll. There’s a lot to say about the twentieth anniversary of 9/11, and today’s newsletter is longer in the interest of including several important takes below, but this sea change reflects a great deal about the underlying currents:

• 46% of Americans oppose warrantless surveillance of emails between people outside the US, vs. 27% in favor. 10 years ago, it was 47% support, 30% oppose.

• 44% of Americans oppose warrantless surveillance of calls between people outside the US, vs. 28% in favor.

• “About half” of Americans are opposed to monitoring internet searches, and only “a quarter” are in favor. Over 80 groups endorsed this protection in 2020.

The first two findings are particularly remarkable given they relate to non-US persons outside the US — dozens of groups and members of Congress endorsed establishing that protection for people inside the US in July and are still fighting for a vote. On the third point, you may recall that House leadership and HPSCI Chairman Schiff inadvertently tanked the entire 2020 Patriot Act reauthorization after installing a hole in an amendment designed to protect against surveillance of internet searches. Whoops! (We’re still waiting on some answers.)

Slew of progressive foreign policy amendments to the NDAA get a vote.

Biden’s new National Strategy for Countering Domestic Terrorism triggers alarms because it doubles down on DHS’s controversial and ineffective community prevention strategies, critics say. A new report from the Brennan Center takes a deep dive into these strategies’ failures, including their inability to identify violent people, lack of empirical support, and disparate impacts. Cato’s Pat Eddington, meanwhile, notes that it’s “hard to imagine how the FBI and DHS could possibly provide more information to their” counterparts, another major focus of the strategy. There’s also some language that may point toward increased checkbook surveillance, and the MPD gang database story below doesn’t help things, either.

Hacked MPD emails show gang database has 6, 5, 3, 2, and <1-year-olds, among other problems, per a review by The Intercept…

Spying on journalists spark fears for free press and sources, with the newest writing on this coming from Eric Lichtblau, a target himself. The DOJ obtained his and three other NY Times reporters’ information in 2020 as part of an undisclosed leak investigation into their sources. The DOJ also sought their email records — a fight the Biden administration continued to wage. The Trump admin also seized email and phone records from WaPo and CNN. This longer take from our friends at the First Branch Forecast is also worth a read.

Sen. Wyden asked the DoD if it’s buying US internet activity and location records without a warrant — and got a classified response…

TOP LINE

Dozens of organizations tell Congress to introduce a War Powers Resolution in response to Biden’s Syria strike. Yesterday, organizations spanning the ideological spectrum sent a letter to Congress urging an immediate introduction of a War Powers Resolution to rebuke the Biden Admin for its February 25 strike on targets in Syria, which was not authorized by Congress. The letter pushes back on Biden’s legal justification for the strike, warning that it could set a precedent to greatly expand unilateral executive military action in the future. Read Vox’s exclusive on the letter.

Surveillance Firm Hopes to Sell Access to Billions of Connected Cars’ Data to the US Government, per Vice …

TOP LINE

Biden’s Syria strike on shaky legal ground (at best), as experts continue to pick apart the administration’s confusing justification for military action against militia forces in a country the US is not at war with, aligned with a country that Congress passed a War Powers Resolution to prevent war with (Iran). We found these articles by Adil Ahmad Haque and Ryan Goodman insightful.

ICE using private utility database “covering millions,” …