Can the DEA Buy Your Search History to Bust You for Cannabis?
Leave a CommentPerhaps it’s a myopic view, but the first concern I considered when hearing that our internet search histories just went up for grabs to the highest bidder was that the DEA might very much like to see mine.
Of course, they’d be sorely disappointed considering that I’m a part time copywriter and much of what I Google is “top 10 gardening tools you just have to have” or “how to stop my dog from clawing my couch.” And I don’t even have a dog.
But what about those sites connected to activities that are completely legal on the state level, but not so much on the federal? What about our Weedmaps searches? Or other sites connected to legal cannabis products and activities?
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Who’s Guarding Our Privacy?
It’s not like privacy for marijuana consumers isn’t an issue. It is. So much so that Oregon Governor Kate Brown just signed a bill preventing marijuana retailers from keeping customer data for more than four days.
Senate Bill 863 requires that all retailers eliminate their consumer data within the month and, quite frankly, most retailers are relieved since record keeping requirements slow down business. It’s a complete 180 from California’s laws which require patient and sales records to be kept for years, at an enormous fine per record if they’re lost.
[See Prop. 64 full text, Sec. 26160(f): If a licensee, or an agent or employee of a licensee, fails to maintain or provide the records required pursuant to this section, the licensee shall be subject to a citation and fine of up to thirty thousand dollars ($30,000) per individual violation.]
But how much does it matter that sales information is private if the DEA can just go to your ISP, see what you Googled, and go straight to your retailer?
Okay, that’s an extreme example. It’s not like they’re going to come after all pot consumers based on their internet search histories. But there are certain websites that could tip the DEA’s eye toward you in a very unpleasant way. If you think it’s not a concern, think again.
Last year an article by Americans for Tax Reform, an advocacy group for taxpayers, shows how the DEA “consistently searches through American travel records to seize millions of dollars using civil asset forfeiture.” And now Congress has given that dog another bone.
S.J. Res. 34
This is old news at this point (a few weeks at least). Congress passed this little monster that lifts the FCC’s restrictions on internet service providers’ ability to tap and sell our private (so we thought) internet search data. This data doesn’t just include what we look for, it includes where we are.
Think the DEA might find that useful in certain situations?
Guess what? They could already do this, and they have been for years. Law enforcement can already access an uncomfortable amount of information with nothing more than a subpoena.
- Our IP address: via the Electronic Communications Privacy Act investigators can access the IP addresses we visit; a subpoena can be obtained without a judge’s approval.
- Our online activities: using a court order, law enforcement can access other online activities that don’t include emails, files or browser histories.
- The rest: once the police can convince a judge that your browser history may contain evidence of criminal activity, they can obtain a warrant that gives them the key to absolutely everything.
Stephanie Lacambra, a criminal defense attorney for the Electronic Frontier Foundation, has pointed out that this data collection method is sometimes used for murder, domestic violence, and child pornography cases, “but there is nothing stopping police from applying for warrants in drug cases.”
With these search warrants, law enforcement can even go straight to providers like Google and request all of your user data. If you think that Google fights to protect the privacy of its users, think again. In 2015, they honored 85% of these requests for broad search history information.
Worse, police can just nab your phone and pull up the entire browsing history using software called Cellebrite. Literally EVERYTHING that’s left in the forgotten remains of your browser history is up for grabs. EVERYTHING. Now you have a good reason to delete it every single day.
This is enough to make Anthony Weiner sweat bullets.
So, What Changed?
If they couldn’t physically nab our cell phones or laptops, then the DEA would have had to convince a competent judge that our search history was worth having before the bill was passed.
How has this changed?
Not a whole lot, according to our interview with Karen Gullo at the Electronic Frontier Foundation.
“Last year the FCC passed a set of rules for how ISPs deal with their customers’ data. The commonsense rules updated longstanding federal protections for Internet users. Under the rules, ISPs would be required to protect your data and wouldn’t be allowed to do a host of creepy things, including sell your Internet browsing records without your consent. The resolution repealed those FCC’s privacy rules, which opens the door for ISPs to do a host of things, which we explain here…As I understand it, based on what our experts said, DEA isn’t affected by the resolution. Whatever they had been doing they can continue to do.”
Yes, this includes all of the activities listed above. But we don’t have to necessarily worry about the DEA going on an outright fishing expedition based on purchased search histories…yet.
Still, it’s nice to know that most internet service providers are also governed by their own privacy policies. Basically, this is a contract with their customers. Most have strict provisions that prohibit selling individual identifying information, meaning that if Google were to sell President Trump’s private browsing data to a private citizen, it would most likely cause a lawsuit of epic proportions.
Of course, this means all of those who’ve started Kickstarter funds to buy Congressperson’s private browsing data (some of them are already in the six figures) are probably pissing in the wind; they can no longer approach Yahoo and buy the President’s history anymore than he can buy theirs.
But what does that matter when the police can already obtain everything we search for online with nothing more than a flimsy warrant that’s extremely easy to obtain according to Google’s own statistics?
Is There Any Hope?
The good news is that several states are already proposing their own legislation to keep ISPs from selling your user data/search history without consent. These include Connecticut, Illinois, Kansas, Maryland, Massachusetts, Minnesota, Montana, New York, Washington and Wisconsin.
Unfortunately, California is not one of these states.
But it can be. Contact your local representatives and tell them you support internet privacy protections in your upcoming statewide legislation. In the meantime, there are more immediate concerns, considering that your information has been up for free for years now.
What Can I Do to Protect My Search History?
The immediate steps that we need to take to protect our search history and privacy involve a bit more technical know-how.
First, always force your browser to use HTTPS. Your ISPs can see where you go, but they really can’t see much of what you’re doing there. If you’re on Google Chrome (the devil we know) you can install this extension to make your browser use this extension whenever possible.
Second, consider using a Virtual Private Network (VPN). It may be less convenient, but it hides your IP. Don’t think that you can do anything you want behind it; believe me, if law enforcement really wants your browsing data, they can get past it. Worse, some VPN services have received warrants regarding individual browsing data and they’ve honored it. The only thing that a VPN protects you from is random data mining.
Third, consider using a Tor browser. This masks your identity further by bouncing your searches all over the world before landing at your destination. It’ll definitely slow your browsing down, but will add an extra layer of privacy.
Despite these precautions, at the end of the day cookies and snooping software rule. Your computer probably already has spyware, some of it even from law enforcement. So, the old adage wins: “Just because you’re paranoid, doesn’t mean they’re not out to get you.”
Assume everything you do online is being tracked, because it is. The only difference is that we’re one step closer to having our browsing data available to the highest bidder. We’re not quite there yet, but we might as well resign ourselves to the fact that we’re living in the Orwellian world of 1984. Ever so slowly we slip one step closer to the fabled Panopticon.
DEA Responds to Their Chief’s Comments That Medical-Marijuana is a “Joke”
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So far, more than 15,000 people have signed the petition demanding that DEA head Chuck Rosenberg be fired for calling medical marijuana a “joke.” Well, now the DEA responds to his comments.
And guess what? It seems they’re officially on notice now.
When a Washington Post reporter called the agency about our efforts (Change.org), a spokesman was forced to defend his boss’s outrageous comments:
“Acting Administrator Rosenberg indicated that marijuana should be subject to the same levels of approval and scrutiny as any other substance intended for use as a medicine,” he said. “DEA supports efforts to research potential medical uses of marijuana.”
That sounds nice, but the reality is that people suffering from cancer, AIDS and multiple sclerosis don’t have 5-10 years for the federal government to slow-walk marijuana through the FDA approval process.
They are suffering right now, and in 23 states they are able to legally use doctor-recommended cannabis to find relief.
That’s no “joke.”
So let’s keep up the pressure on behalf of the patients who need our help.
Please share the petition with your friends via Facebook, Twitter and e-mail: http://change.org/nojoke
We’ve already got the DEA’s attention. By generating more signatures, we can push this up the chain of command to the White House and pressure President Obama to take action.
Find the original post & sign the petition at Change.org.
DEA Chief Calls Medical Marijuana a “Joke”; Is He Wrong?
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The acting head of the Drug Enforcement Administration claimed that smoking marijuana has “never been shown to be safe or effective as a medicine.” That’s false: though information is limited on the topic, several studies have found smoked marijuana has medical benefits and mostly mild side effects.
DEA Chief Chuck Rosenberg spoke with reporters on the day that the DEA released its 2015 National Drug Threat Assessment. According to CBS News, he said he is bothered by the idea that marijuana is considered medicinal:
Rosenberg, Nov. 4: What really bothers me is the notion that marijuana is also medicinal — because it’s not. We can have an intellectually honest debate about whether we should legalize something that is bad and dangerous, but don’t call it medicine — that is a joke. …
There are pieces of marijuana — extracts or constituents or component parts — that have great promise. But if you talk about smoking the leaf of marijuana — which is what people are talking about when they talk about medicinal marijuana — it has never been shown to be safe or effective as a medicine.
First of all, it is incorrect to suggest that “smoking the leaf of marijuana” is “what people are talking about” with regard to medicinal marijuana. There are approved forms of the drug (or synthetic versions of its compounds) that come in pill form and do not need to be smoked or inhaled.
Secondly, even the smoked form of the drug indeed has been shown to be both safe and effective as a medicine, though only in a limited number of small studies. A review and meta-analysis of medical marijuana studies, published in the Journal of the American Medical Association in June, looked at 79 trials in total, but smoked cannabis was examined in only a few of them. Still, evidence regarding the smoked form of the drug does exist.
For example, one study published in the journal Neurology in 2007 looked at the effect of smoked cannabis on HIV-associated sensory neuropathy, a potentially painful condition affecting nerves in the hands, feet, and other parts of the body. Fifty patients were randomly assigned to either smoke cannabis or placebo cigarettes that looked identical, and were evaluated based on self-reported measures of daily and chronic pain.
After five days, the smoked cannabis reduced daily pain by 34 percent, while placebo only reduced it 17 percent. The very first cannabis cigarette smoked reduced chronic pain substantially, while the first placebo had very little effect. The study also found no serious adverse events were reported during the trial.
A second study, published in 2008 in Neuropsychopharmacology, also found benefit with smoked cannabis for the same medical condition. In this case, 28 patients completed two separate five-day treatment periods, separated by a two-week washout period; in one, they smoked cannabis cigarettes four times daily for five days, and in the other they smoked placebo cigarettes. Pain was evaluated using the Descriptor Differential Scale, which allows patients to use certain words to describe pain intensity; researchers use those descriptions to assign a pain score. The study found that 46 percent of cannabis smokers achieved at least a 30 percent reduction in pain, compared to only 18 percent of placebo smokers.
The side effects again were mostly mild, two patients did experience “treatment-limiting” toxicities. These included one episode of “cannabis-induced psychosis” and one intractable smoking-related cough during cannabis treatment. The symptoms resolved when the treatment was stopped. The authors noted an important point regarding smoked marijuana: “Smoking is not an optimal delivery system. Long-term use of smoked cannabis is associated with symptoms suggestive of obstructive lung disease, and although short-term use is not, many individuals cannot tolerate smoking.”
The beneficial effects of smoked marijuana are not limited to only HIV-associated neuropathy. Another study, published in 2012 in the Canadian Medical Association Journal, looked into its use to control spasticity in 30 patients with multiple sclerosis. This study again had patients experience both actual cannabis cigarettes and a placebo, and it again found more benefit with the cannabis.
In this study, patients had much greater reductions in spasticity with the drug than without it; this was measured using something called the modified Ashworth scale, which is a well-validated tool assigning point values based on muscle tone, range of motion, and other factors. Pain also diminished more, based on the Visual Analog Scale, with cannabis. There were no serious adverse events reported.
Obviously, these studies do not represent a particularly large body of evidence for smoked cannabis. In fact, the JAMA review concluded: “Further studies evaluating cannabis itself are also required because there is very little evidence on the effects and AEs [adverse events] of cannabis.”
Studying medicinal effects of marijuana in general is difficult in the U.S., thanks to its inclusion on the federal list of “schedule 1” drugs. Those drugs, which include heroin, LSD, and a few other dangerous drugs, are “defined as drugs with no currently accepted medical use and a high potential for abuse,” according to the DEA.
However, the JAMA review also specifically noted that at least some such evidence does exist: “[T]here was moderate-quality evidence to suggest that cannabinoids may be beneficial for the treatment of chronic neuropathic or cancer pain (smoked THC and nabiximols).”Nabiximols is a cannabis extract delivered as a mouth spray.
“Very little evidence” is not the same as “never been shown to be safe or effective as a medicine,” as Rosenberg claimed. There is in fact evidence of smoked marijuana’s beneficial effects and safety.
Sign the petition to Fire DEA Head Chuck Rosenberg
Post-4/20 Shows Promising Signs for Cannabis
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Worried that cannabis isn’t coming to a state near you? Fear you’ve been left out? Don’t fear, because it turns out countrywide cannabis support is in full swing. Keep reading to learn how cannabis is growing with promise.
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Law Enforcement Changes Tactics for 4/20
In an acknowledgement that the “Just Say No’ message is no longer relevant, the Colorado Department of Transportation has a new strategy to ensure safe and responsible marijuana use.
Starting with the 4/20 festival, law enforcement officers gave out snacks instead of tickets to revelers. The snacks included messages incurring cannabis users to munch, not drive, after indulging.
The agency also set up free arcade games at dispensaries that offered more tips on safely consuming cannabis.
While police around the country are being slammed for being excessive, it’s great to see at least one law enforcement agency finding innovative ways to protect the public and serve their community.
This tweet pretty much sums it up:
This is awesome, to put it bluntly.
Read more here: The Denver Channel
Pot Panel Addresses Legalization Concerns
Lieutenant Governor Gavin Newsom’s Blue Ribbon Commission on Marijuana Policy held a public forum at UCLA last night. A supporter of lifting the prohibition on cannabis, Newsom did say he had some concerns. “I don’t want to see big tobacco become big marijuana. I don’t want walk down the streets or walk to the playground with my kids and smell it.” he said.
The panel is looking at a number of issues that come with legalizing marijuana. They are studying how to regulate growers, how to ensure public safety and how to deal with individuals caught driving while impaired.
4/20 Kid Cannabis Sequel in the Works
Last year’s Kid Cannabis, the dark comedy about an Idaho teen that builds a marijuana empire, is getting a sequel. John Stockwell is in talks to return as writer and director of the film. The film will focus on Topher’s exploits and begins production in 2016. It will be released April 20, 2017.
Leonhart’s Exit Opens the Door for Change a DEA
News that Drug Enforcement Administration chief, Michele Leonhart is preparing to resign was met by jubilation by many in the cannabis community. As a veteran of the ‘drug war’, Leonhard refused to acknowledge that marijuana has any medical benefits. This opinion put her squarely at odds with her boss President Obama and Attorney General Eric Holder.
Couple that with a long list of scandals and it’s easy to see why it’s her time to go.
As the country moves toward lifting the prohibition on cannabis, it’s important to find someone that has his or her finger on the pulse of today’s America. It’s our hope that the new DEA chief will understand the importance of studying cannabis, will allow states to execute their marijuana laws without intrusion and to finally reclassify cannabis.
Currently marijuana is considered a Schedule I substance under the Controlled Substances Act. A Schedule I listing means that the substance has “no currently accepted medical use and a high potential for abuse.” Heroin, LSD and ecstasy are also classified as Schedule I.
Reclassifying cannabis would allow more studies on its benefits to be conducted and would recognize that there already is a healthy amount of evidence showing the healing power of cannabis.
DEA Head Stepping Down, Demi Lovato’s 4/20 Insta Pic to Miley
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Here are a few hot cannabis-related topics that you should be aware of this week. Continue below to find out the news.
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DEA Head Stepping Down
Embattled Drug Enforcement Administration chief and marijuana foe, Michele Leonhart is expected to step down soon. Leonhart moved up the ranks in the DEA to the top spot in 2007.
She has been a vocal opponent of lifting the ban on marijuana. Speaking with a group of law enforcement professionals, she reiterated her disagreement with President Obama’s stance that marijuana is no more dangerous than alcohol.
While testifying House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security, Leonhard refused to even acknowledge that marijuana was less harmful than crack, methamphetamines or heroin. Questioned by Colorado Rep. Jared Polis, she refused to budge, “I believe all illegal drugs are bad.”
Polis was unimpressed, “You should know this as the chief administrator for the Drug Enforcement Agency. I’m asking a very straightforward question: Is heroin worse for someone’s health than marijuana?”
The head of the DEA refused to answer. Instead she repeated the blanket statement that seems to be her mantra, “All illegal drugs are bad.”
A report last month revealed that during her tenure DEA agents had dozens of sex parties with prostitutes in Colombia. It’s unclear whether the parties were funded by drug cartels or the American taxpayers. Agents that admitted to participating were suspended for 1 -10 days.
Earlier this month, members of the House Oversight and Government Reform Committee released a statement saying they had lost confidence in her ability to lead the agency.
Kansas Cannabis Advocate Loses Custody After…
Medicinal marijuana proponent Shona Banda has lost temporary custody of her 11 year old son. Her nightmare began when her son spoke up during a drug education class. Banda’s son did not remain silent when some anti marijuana comments were made. Due to his remarks, police detained her son and raided the family home.
Law enforcement found cannabis, paraphernalia and lab equipment used to extract cannabis oil. Banda is is a vocal advocate of medicinal marijuana. She tells her story of using cannabis oil to help deal with Crohn’s Disease in her book, ”Live Free or Die: Reclaim your Life . . . Reclaim your Country!”
The Wichita district attorney is mulling over possible charges including possession of marijuana with intent to distribute, possession of drug paraphernalia and child endangerment. A gofundme page has been set up for her legal expenses.
Comedian/Cannabis Activist Roseanne Barr Is Going Blind
Speaking with The Daily Beast, the former presidential candidate and comedic icons revealed that she is losing her sight due to macular degeneration and glaucoma. She uses marijuana to help with the pressure in her eyes. She also advocates cannabis to free one’s mind, “It’s expansive. It opens your mind.” We couldn’t agree more.
Read here: The Daily Beast
They Grow Up So Quickly
Former Disney Channel star Demi Lovato made some news yesterday by wishing Former Disney Channel star Joe Jonas a happy 4/20 on Instagram. Apparently, she and former Disney Channel star Miley Cyrus introduced him to marijuana.
We’re not sure if the Disney clubhouse was the happiest place on earth, but it was definitely the chillest.
Way to go, Demi.