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Montgomery County will not hold immigrants without probable cause — Gazette.Net

Montgomery County Executive Isiah Leggett said Tuesday the county will not comply with U.S. Immigration and Customs Enforcement civil detainer requests, unless there is adequate probable cause under the Fourth Amendment of the U.S. Constitution.

Leggetts statement comes on the heels of an identical directive from Gov. Martin J. OMalley to the Public Safety and Correctional Services Secretary Gregg Hershberger for a state-run jail in Baltimore, and advice from the Attorney Generals Office that without probable cause, continued detention likely violates the constitution.

Immigration detainers are notices to local law enforcement agencies that ICE intends to assume custody of an individual being held locally. Detainers not only notify local law enforcement that ICE means to take a person into custody once they are no longer subject to local detention, detainers also request the local agency hold individuals for up to 48 hours after their scheduled release to provide ICE time to take custody, according to http://www.ice.gov.

According to a news release from the American Civil Liberties Union of Maryland, federal courts have found that detention on the sole basis of an immigration detainer request violates the Fourth Amendment. Three federal courts have found that such detention raises constitutional concerns and that counties are liable in damages to the individuals they detain on that basis, according to the release.

In August, Adam D. Snyder, chief counsel, Opinions & Advice for the Maryland Attorney Generals Office, reached a similar conclusion finding that an ICE detainer alone does not mandate or authorize the continued detention of someone beyond when they would be released under state law.

Thus, if a local law enforcement officer does not have probable cause to extend custody over the subject of an ICE detainer, the continued detention likely constitutes a violation of the Fourth Amendment, he wrote in a letter of advice to Washington County Sheriff Douglas W. Mullendore.

In June, the ACLU of Maryland urged all counties in the state to stop complying with the detainer requests. Councilwoman Nancy Navarro requested in September that Leggett conform county policy to match the OMalleys recent directive on the issue.

In her request, Navarro (D-Dist. 4) of Silver Spring said she understood from Arthur Wallenstein, director of the County Department of Correction and Rehabilitation, that the practice locally was to contact ICE when there is a detainer in the system and the individual is available, even if local matters are concluded.

My understanding is that Montgomery Countys policy for responding to ICE civil detainer requests may be inconsistent with [state policy], Navarro wrote.

Wallenstein was not able to be reached Tuesday for comment.

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Montgomery County will not hold immigrants without probable cause -- Gazette.Net

NSA 'Core Secrets' leak points to spies working within companies

Summary: The latest Snowden leaks suggest the NSA has access to well-placed staff whose mission is to infiltrate companies to gather secret and sensitive corporate data.

New documents leaked by Edward Snowden suggest the National Security Agency (NSA) has agents working under deep cover in US and foreign companies.

First published by The Intercept on Friday, the highly-classified document points to the NSA having a small group of well-placed and heavily-vetted insiders, whose mission is to infiltrate commercial companies and work from within.

"How do you know the NSA is not sending people into your data centers?" the publication cited the American Civil Liberties Union'sChris Soghoian as saying.

The collection of six programs, under the umbrella "Sentry Eagle" program, is said to be the "core" part of the NSA's secret mission to "protect America's cyberspace."

In doing that, previous leaks have shown the US intelligence agency will work to weaken encryption standards, intercept technology for bugging once its out for delivery to customers, and conduct network exploitation and espionage.

The NSA has infiltrated a number of companies critical to its mission of targeted exploitation (TATEX). These agents, whose names are not disclosed, are said to be working in companies based in adversarial nations like China, but also allied and friendly countries, notably South Korea and Germany.

Some of the documents also suggest that some agents may be working for US-based firms, or companies that are owned by US corporations.

The 2004-dated document says the contents "constitute a combination of the greatest number of highly sensitive facts related to NSA/CSS's overall cryptologic," referring also to theCentral Security Service, the NSA's sister agency.

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NSA 'Core Secrets' leak points to spies working within companies

NSA Leaker Edward Snowden Offers Online Privacy Tips

Edward Snowden has some advice for maintaining online privacy in an age of widespread NSA surveillance. Snowden called Google and Facebook dangerous while praising Apples encryption efforts.

"We're talking about encryption. We're talking about dropping programs that are hostile to privacy, Snowden said inan interview published Saturday by theNew Yorker.For example, Dropbox? Get rid of Dropbox; it doesn't support encryption, it doesn't protect your private files. And use competitors like SpiderOak that do the same exact service, but they protect the content of what you're sharing."

Snowden, the former NSA analyst who revealed the extent of U.S. government surveillance in 2013, did so from a hotel in Hong Kong before leaving for Russia. Having ditched his Hawaii apartment and $122,000 annual salary earlier that summer, he said in the interview he intended only a brief stay in Russia before leaving for Latin America, only to face visa issues that prevented him from leaving. Snowden is now actively sought by the U.S. to face espionage charges.

Dropbox defended itself in a June blog post after Snowden bashed the services security. All of the files its users send and receive are encrypted while traveling between you and our servers and when they are at rest on Dropboxs servers. SpiderOak encrypts data locally on a users computer as well, as opposed to only when it is in transit or in the cloud.

Snowden said Facebook and Google have improved their methods of protecting user privacy but were still dangerous services that should largely be avoided. Ironically, the interview was conducted remotely over Google Hangouts and streamed live on the tech giants YouTube.

Consumers should also be wary of standard text-messaging services from wireless providers, Snowden said. Silent Circle for iPhone and Android and RedPhone, which is currently Android-only, were better replacements because they encrypt texts -- but require that both users install the app to communicate.

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NSA Leaker Edward Snowden Offers Online Privacy Tips

Oral arguments set for NSA case

COEUR d'ALENE - Oral arguments before the 9th U.S. Circuit Court of Appeals are scheduled for Dec. 8 in a North Idaho nurse's legal challenge to the federal government's bulk collection of Americans' phone records.

Coeur d'Alene attorney Peter Smith will be arguing in Seattle in front of the three-judge panel, representing his wife, Anna Smith, a neonatal nurse and Verizon Wireless customer. Verizon was one of the companies ordered to disclose records to the National Security Agency.

The Smiths filed the lawsuit against President Barack Obama and several U.S. intelligence agencies after the government confirmed revelations that the NSA was collecting the data under the Patriot Act.

Peter Smith said Friday the collection and storage of the phone records violates the Fourth Amendment.

"The question comes down to: Should the government be able to get this information and keep it?" he said. "Or should it be left with the private companies?"

Once the government has all the data, that gives it power, he said. It comes down to the possession of the records, he said.

"We don't trust the government," he said.

U.S. District Court Judge Lynn Winmill dismissed Anna Smith's case. Winmill determined the legal precedent from the 1979 U.S. Supreme Court case Smith v. Maryland - about targeted phone surveillance - tied his hands.

"He followed the law as he understood it," Peter Smith said.

The Smiths appealed to the Ninth Circuit.

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Oral arguments set for NSA case

Tips for Running Your Small Business on the Cheap

Most things in life arent free, but the Internet has made it pretty cheap for small business owners to run their office. From email to collaboration software, theres a host of ways you can get your business up and running without paying a bundle.

It's really easy to go the free route when you're small or just starting out, says Mario Schulzke, founder of IdeaMensch, an online community designed to help people bring their ideas to life. With increased growth, it's oftentimes a good idea to up your technology investments as well.Most times smart tech investments pay for themselves.

According to experts, before you start adopting free or low cost applications you have to figure out which parts of your business are mission critical and which arent. For instance Chuck Fried, president and chief executive of TxMQ, an IT services company, says using free software for email or collaboration may make sense, but putting ALL of your customer data on a free customer relationship management app could spell disaster.

At TxMQ, Fried says they use a lot of Google apps for things like email and calendaring, but the company doesnt only use just free. While he isnt a fan of completely free, he does say there are a lot of low cost options available to small business owners because of the growth in cloud computing.

The dangerous part for small business owners is if they run into some challenges and need to get a hold of somebody at say, Google, you basically cant, says Fried. If you need something tweaked or changed you are stuck.

So what should you spend money on and where should you cut corners? According to small business advocate and Small Business Engagement Officer at QuickBooks Leslie Barber, you should invest in services and technology that will enable you to know where you money is going at all times, as well as ensuring you are meeting all of your legal and regulatory requirements for the industry you are in. Anything that is customer facing is also worth spending money on. The last thing you can afford, if you are an e-retailer, is a clunky or hard-to-use Website.

Other areas you want to invest in include a Web hosting company as well as an attorney, if you are just starting the business. I usually tell people to get a really good hosting company from the very beginning, one that performs fast and can keep an eye on your security, says Schulzke. I used to go the cheap route on hosting, and it cost me dearly in IT and security consultants down the road.

While you will have to make some investments, experts say there are still a ton of opportunities to run some parts of your business for free. Its no secret that many small business owners are cash strapped and dont have the money to launch a big marketing and advertising campaign. A great way to get the word out about your company and products or services without spending a dime is to embrace social media. There are countless stories of small businesses that blew up all because of their Facebook page, Twitter feed or YouTube video that went viral.

For basic computing needs you can also skimp and go with a free service. For instance, Google has a wide range of free products such as Google Drive, Google email and Google Docs, and they arent the only game in town.

Because of the plethora of free or low cost services available, its important to do your research before choosing a vendor. Fried says thats where looking at online reviews, talking to people in your network and other small business owners comes in.

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Tips for Running Your Small Business on the Cheap