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Is the Government Spying on Your 'Smart Home'?
Posted by: E. Snowden ()
Date: June 25, 2014 07:50AM

Is the Government Spying on Your 'Smart Home'?

As technology evolves, the government could gain more access to information gathered in your home.
http://chantilly.patch.com/groups/trending-in-america/p/do-smart-home-systems-offer-cops-a-gateway-to-your-personal-data13708152

Has technology made the Fourth Amendment obsolete?

That's the concern of many privacy advocates, who argue advances in smart home technology may be providing the government with a kind of 'digital back door' into people's homes, one that gets around the need for search warrants and traditional Fourth Amendment protections.

Already information gathered from “smart home” systems, like the one Apple announced this summer, are becoming increasingly prevalent in civil and criminal court cases, experts say.

“People have always had cameras in their home, but now they’re becoming more common,” said Hanni Fakhoury, a staff attorney with the Electronic Frontier Foundation. “There’s a whole host of issues that are going to crop up because of these technologies.”

Last August, police obtained video footage of Internet advertising mogul Gurbaksh “G” Chahal beating his girlfriend, Juliet Kakish, at his apartment in San Francisco. Chahal initially faced 47 felony counts, but in April he pleaded guilty to only two misdemeanors after his attorney successfully argued that cops had obtained the footage without a warrant.

Chahal had video cameras throughout his home, including two in his bedroom, where the beating occurred.

"We're seeing law enforcement across a variety of areas arguing that they should be able to access information with lower standards than before the electronic age," Jay Stanley, a senior policy analyst with the American Civil Liberties Union, told CNN Money.
•Do you think courts should provide greater leniency with the Fourth Amendment to catch criminals? Or do you believe Internet-connected data should always remain private until law enforcement officials obtain a warrant?

Apple isn’t the only company to get into smart home systems. AT&T, Time Warner Cable and Verizon also offer them. Google recently bought “smart” thermostat maker Nest Labs, and Nest Labs announced last week that it acquired compact home security camera company Dropcam for $55 million.

Dropcam’s new product, Dropcam Tabs, goes for just $29. Whenever a door opens or closes at home, users can get alerts sent to their cellphones.

One of Nest’s technologies aims to help users save energy, and another one monitors room temperatures to alert users in the event of an emergency.

Although these technologies can help reduce electric expenses and keep homeowners safe, they could gather data that can be used against them in court.

"Smart" meters are becoming increasingly common in the suburbs, and they're marketed as energy savers. But opponents say they offer too wide of a window into homes, and gather data that could show users' time spent away from home, or cooking or watching TV.

The American Civil Liberties Union of Vermont calls for stronger privacy restrictions with smart meters on its website.

"As with cell phone data, we think it's fine if police have access to smart meter data — provided that they go to a court, show probable cause to a judge, and a warrant is granted," the ACLU said. "Consumers need to know who can access their data and under what conditions. Strict privacy controls are needed."


In a recent case, federal agents used thermal imaging to learn that Florence, Oregon, man Danny Lee Kyllo was growing over 100 marijuana plants in his home.

But the court ruled that authorities violated Kyllo’s Fourth Amendment right when they scanned his home using an infrared camera without a warrant.

As more states legalize recreational and medical marijuana, cops will have to obtain affidavits from judges and issue warrants before they can crack down on individual sellers.

While judges grapple with how to treat these new technologies in the court of law, at least one, E-ZPass, has been used to catch adulterers in divorce court for years.

Under the Foreign Intelligence Surveillance Act, companies also have been able to legally, and secretly, submit personal data requests to companies in national security matters. CNN Money reports that Apple, Google, LinkedIn, Microsoft and Yahoo already receive thousands of them.

Those companies released ranges of their FISA requests after they filed lawsuits seeking their right to disclose them.

Facebook General Counsel Colin Stretch, whose company reportedly received requests covering between 5,000 and 5,999 accounts, advocated for more transparency in an April 2013 blog post.

“We strongly encourage all governments to provide greater transparency about their efforts aimed at keeping the public safe,” Stretch wrote, “and we will continue to be aggressive advocates for greater disclosure.”
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Options: ReplyQuote
Re: Is the Government Spying on Your 'Smart Home'?
Posted by: hM69e ()
Date: June 25, 2014 09:35AM

If the government could hack into the home system, they could easily gain access to the home whenever they wanted, without a court order.

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Re: Is the Government Spying on Your 'Smart Home'?
Posted by: Curmudgeon ()
Date: June 25, 2014 11:18AM

they can gain access, yes, but it's not legal and thus much of that evidence would be inadmissible in a court.

also, technology doesn't make the Constitution obselete. this stuff should all be challenged -- if our 4th amendment rights are to be taken away, there's a process that has to be utilized.

the fact that people are too busy and/or ignorant of their rights to complain is a big part of the problem.

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Re: Is the Government Spying on Your 'Smart Home'?
Posted by: hM69e ()
Date: June 25, 2014 11:23AM

Curmudgeon Wrote:
-------------------------------------------------------
> they can gain access, yes, but it's not legal and
> thus much of that evidence would be inadmissible
> in a court.
>
> also, technology doesn't make the Constitution
> obselete. this stuff should all be challenged --
> if our 4th amendment rights are to be taken away,
> there's a process that has to be utilized.
>
> the fact that people are too busy and/or ignorant
> of their rights to complain is a big part of the
> problem.

The problem is you have to catch them breaking the law. Hard to do when you're at work or without a whistleblower.

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Re: Is the Government Spying on Your 'Smart Home'?
Posted by: perplexed ()
Date: June 25, 2014 12:49PM

TVs now are made so they can watch everything you are doing in the room. Advertisers are behind this because they want to have peoples actual reactions to their ads for research and targeting purposes. If this info is being collected for ad purposes, there is no way that anyone else can't get it also!

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Re: Is the Government Spying on Your 'Smart Home'?
Posted by: NYUxv ()
Date: June 25, 2014 01:11PM

perplexed Wrote:
-------------------------------------------------------
> TVs now are made so they can watch everything you
> are doing in the room. Advertisers are behind
> this because they want to have peoples actual
> reactions to their ads for research and targeting
> purposes. If this info is being collected for ad
> purposes, there is no way that anyone else can't
> get it also!

That's a spin on this issue I hadn't thought of.

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Re: Is the Government Spying on Your 'Smart Home'?
Posted by: Lavender Green ()
Date: June 25, 2014 02:03PM

The Government spying on individuals is old as can be, yes technology has made it much easier to obtain pertinent information and actual footage. Seems these days the powers that be need to have the tides turned on them, see what they are doing or should I say not doing! It is sad that one in their own home cannot feel free and safe, it is sad that people keep giving the government access, I mean if you really don't want them to have the access stop buying and placing the items in your home! It is time the Americans took back the country and our freedom, its time we stop allowing religion and politics to cross, they are two separate entities and should stay that way, it is time for the ones in power to put the people not industries first. Keep it simple the way it should be freedom for all, not just the wealthy, equal rights for all not just the white men, free insurance for all not just those in power, stop the double standards and start being the brave free country we all read about!

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Re: Is the Government Spying on Your 'Smart Home'?
Posted by: 3v3nD ()
Date: June 25, 2014 11:34PM

you buy a brick (tv radio maybe even fridge, xbox) made in asia that has listening devices that already have been in the news as a legal issue about if it should be legal that police have ALREADY used it in some cases

and you ask if they might do it ?

they've already given you public notice on tv THEY HAVE AND ARE

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Re: Is the Government Spying on Your 'Smart Home'?
Posted by: TWv77 ()
Date: June 25, 2014 11:36PM

uh huh. and when does it wake up from sleeper mode , and let asia log in when police aren't listening but asia/microsoft would like to listen in on you, say for crime or industrial espionage or to set you up ?

as IF asia told you everying. as IF they'd tell usa police "everything" about what's inside the inside of the inside.

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Re: Is the Government Spying on Your 'Smart Home'?
Posted by: 7JXDc ()
Date: June 25, 2014 11:37PM

sit down i'll tell you everything you need to kno

america is way in debt (goldman sacks office in china is sure of this) and asia has allot less debt

do everytying your gov workers tell you to do and you'll get out of debt.

that is the truth, if you swallow it

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Re: Is the Government Spying on Your 'Smart Home'?
Posted by: meFEN ()
Date: June 26, 2014 06:45AM

Lavender Green Wrote:
-------------------------------------------------------
> The Government spying on individuals is old as can
> be, yes technology has made it much easier to
> obtain pertinent information and actual footage.
> Seems these days the powers that be need to have
> the tides turned on them, see what they are doing
> or should I say not doing! It is sad that one in
> their own home cannot feel free and safe, it is
> sad that people keep giving the government access,
> I mean if you really don't want them to have the
> access stop buying and placing the items in your
> home! It is time the Americans took back the
> country and our freedom, its time we stop allowing
> religion and politics to cross, they are two
> separate entities and should stay that way, it is
> time for the ones in power to put the people not
> industries first. Keep it simple the way it should
> be freedom for all, not just the wealthy, equal
> rights for all not just the white men, free
> insurance for all not just those in power, stop
> the double standards and start being the brave
> free country we all read about!

I like your enthusiasm for freedom, but it's a little misplaced. You can't have free insurance for everyone without enslaving someone to pay for it. That isn't freedom and it isn't fair. If you want a truly free and fair country then you should make your stand behind this basic principle: "A just government defends the individual's right to life, liberty, and property. Anything less is a dereliction of duty, and anything more is an abuse of power." If you stand on that principle then you have the added advantage that the Constitution and the rule of law are on your side. That principle is the foundation of the our country.

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Re: Is the Government Spying on Your 'Smart Home'?
Posted by: BeltwayBandit ()
Date: June 26, 2014 06:53AM

I wonder how the new Supreme Court ruling regarding warrantless searches of items such as Iphone's would be applied here. In essence, the supreme court has found searching electronic medium on phones, tablets, etc without a warrant to be unconstitutional.

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