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Ten years after Edward Snowden sparked a debate over domestic (and international) spying by the U.S. government and its allies, arguments continue and so does the snooping. This year, one key component of the surveillance stateSection 702 of the Foreign Intelligence Surveillance Actis up for congressional reauthorization. Now, the executive branch’s own civil liberties watchdog says that, while Section 702 plays an important role, it’s also dangerous to our freedom and needs reform.

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Δ Surveillance, American-Style

To hear America’s professional spooks, Section 702 is made up of equal servings of mom, apple pie, and a trench coat.

“In 2008, Congress enacted Section 702 of the Foreign Intelligence Surveillance Act (FISA), a critical intelligence collection authority that enables the Intelligence Community (IC) to collect, analyze, and appropriately share foreign intelligence information about national security threats,” insists the Office of the Director of National Intelligence. “Section 702 only permits the targeting of non-United States persons who are reasonably believed to be located outside the United States. United States persons and anyone in the United States may not be targeted under Section 702.”

The Privacy and Civil Liberties Oversight Board (PCLOB), established in 2007 in an effort to limit the excesses of the burgeoning post-9/11domestic intelligence apparatus, sees things a little differently.

“The Board finds that Section 702 poses significant privacy and civil liberties risks, most notably from U.S. person queries and batch queries” in which multiple query terms are run as part of a single action, according to the PCLOB’s Report on the Surveillance Program Operated Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, published September 28 and following up on a 2014 report on the same topic. “Significant privacy and civil liberties risks also include the scope of permissible targeting, NSA’s new approach to upstream collection, a new sensitive collection technique that presented novel and significant legal issues approved by the FISC in 2022, how data is initially ingested into government repositories, incidental collection, and inadvertent collection.”

The report points out that the definition of “foreign intelligence information” is very broad and that 246,073 non-U.S. persons were targeted for surveillance in 2022, up 276 percent from 2013. While Section 702 surveillance isn’t “bulk” surveillance of the sort that hoovers up mass quantities of information, it “lacks individualized and particularized judicial review of targeting decisions” with the result that “targeting can be overbroad or unjustified.” Foreign Intelligence Isn’t Always So Foreign

The result of broad and somewhat indiscriminate data collection is that “the government acquires a substantial amount of U.S. persons’ communications as well.” This interception of Americans’ communications “should not be understood as occurring infrequently or as an inconsequential part of the Section 702 program.” In particular, “FBI’s querying procedures and practices pose the most significant threats to Americans’ privacy.”

Why is the FBI of such particular concern? Because the FBI focuses on domestic law enforcement and “one of the most serious risks to individual civil liberties associated with the incidental collection of U.S. person information is that this classified information collected for intelligence purposes could be used in a criminal prosecution,” notes the board. The government is required to disclose when it uses Section 702 intelligence in criminal cases, but it has done so only nine timeswhich is not the same as saying that it rarely uses such information. “In multiple cases, rather than providing notice to criminal defendants of Section 702-derived information, the government has instead sought to develop evidence through other sources” so prosecutors can avoid admitting they used foreign intelligence tools. The Real Targets Are Often Americans

Often, federal agents seem to explicitly use Section 702 to bypass safeguards. “The large amounts of incidental collection may include communications between attorneys and their clients,” adds the report. It also notes that “the government has identified a significant number of noncompliant queries where government personnel have conducted queries related to instances of civil unrest and protests.”

How often does this happen?

“In the Annual Statistical Transparency Report for calendar year 2021, FBI reported that it ran 3.4 million [later revised downward to 2.97 million] U.S. person queries of Section 702-acquired information in all its systems,” according to a report footnote. The Debate Over Reform

The divided five-member PCLOB recommends multiple reforms, including a specific prohibition on “about” interceptions that are neither to or from targets, but merely mention them, and a requirement for Foreign Intelligence Surveillance Court approval of U.S. person query terms. Even so, the report concludes “the United States is safer with the Section 702 program than without it.” Despite that call for reauthorization, two of the five board members voted against the report for being excessively critical and demanded that it not be attributed to them.

Civil liberties groups quickly noted the report’s contribution to the debate over Section 702.

“Congress has the power to safeguard the constitutional rights of Americans by fundamentally reforming this invasive and unconstitutional mass surveillance program,” Kia Hamadanchy, senior policy counsel at the ACLU, commented in an emailed statement. “As the Board rightly points out, requiring the government to obtain individualized judicial approval is critical to ensuring that Section 702 cannot be used by the FBI, NSA, and CIA to quietly circumvent Americans’ constitutional rights.”

“The PCLOB report is damning, in terms of both the frequency with which government agencies conduct warrantless searches of data collected under Section 702 and the purposes for which those searches are conducted, yet the report’s recommendations don’t go nearly far enough to ensure Americans’ privacy from this overreaching, oft-abused digital dragnet,” agreed Electronic Frontier Foundation Senior Policy Analyst Matthew Guariglia.

Damning it may be, but the White House National Security Council has already rejected part of the report’s call for modest reform as “operationally unworkable.”

Given the current debate over Section 702, it’s easy to forget about other legal authorizations for domestic surveillance. These include other parts of FISA, Executive Order 12333, and national security letters, which often are subject to looser safeguards. But, the PLCOB adds, “Section 702 enables the government to target a broader array of persons,” including those who aren’t suspected of violating American laws or acting against the United States, “which also increases the risks of privacy and civil liberties harms.”

Section 702 expires in December with its fate, and that of proposed reforms, in the hands of Congress.

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Rangers rally past Flyers but lose captain Miller

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Rangers rally past Flyers but lose captain Miller

NEW YORK — Mika Zibanejad tied it late in the third period, and the New York Rangers killed off two penalties in overtime on the way to beating the Philadelphia Flyers 5-4 in a shootout on Saturday.

The comeback for just a fifth win in 18 home games this season potentially came at a great cost, with captain J.T. Miller leaving in pain after taking a big hit from Nick Seeler with just over eight minutes left. Miller seemed to be favoring his right arm/shoulder as he skated off and went down the tunnel for medical attention.

Miller was already out when Zibanejad scored on a late power play following Rasmus Ristolainen‘s delay-of-game penalty for putting the puck over the glass. Penalties to Artemi Panarin and Scott Morrow in OT put the Rangers on the kill, but Igor Shesterkin made four of his 28 saves after regulation.

Panarin scored twice and had the shootout winner in his return after sitting out Thursday night at St. Louis because of an illness. The Rangers fell behind, allowing three goals in less than four minutes and another before the second period ended, then Vincent Trocheck got things rolling in the third.

Travis Sanheim had a goal and an assist, and Denver Barkey picked up his first two career points in his NHL debut for Philadelphia. Samuel Ersson allowed four goals on 27 shots, plus two more in the shootout, and he and the Flyers lost for the fifth time in six games.

Aleksei Kolosov was recalled from the minors to back up Ersson because Dan Vladar is banged up, general manager Daniel Briere said. Barkey was filling in for injured winger Christian Dvorak.

The Associated Press contributed to this report.

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Environment

Giddyup: Polestar picks up $600 million in fresh funding

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Giddyup: Polestar picks up 0 million in fresh funding

Geely-backed performance EV brand Polestar has had some troubling times in recent months, but its future is looking a whole lot better after the company secured a $600 million loan facility to help it keep on keepin’ on.

Despite vehicle sales picking up in 2025 on the strengths of the Polestar EV brand’s Swedish sensibilities, cutting-edge Chinese EV tech, and Volvo-aided safety specs, the company’s financial picture has been anything but rosy, with the threat of having its stock delisted from the NASDAQ looming large at several points.

In a vote of broader confidence and better times ahead, Volvo’s parent company Geely Sweden Holdings AB is backing the brand with more than half a billion dollars of fresh funding to extend its operational runway:

Polestar, as borrower, entered into a credit agreement with a wholly owned subsidiary, as lender, of Geely Sweden Holdings AB in relation to a subordinated term loan facility of up to USD 600 million, of which the last USD 300 million would require lender consent based on Polestar’s future liquidity needs. The term loan facility is available to Polestar for general corporate purposes.

POLESTAR

The new funds are just the most recent part of a big week for Polestar – one that saw the Polestar 4 recently begin deliveries to its first North American customers, and recent upgrades to the Polestar 3 have made that car a viable V2G/V2x offering in Europe, as well. With that in mind, it’s no wonder that Geely wants to see how this all plays out.

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The company has four models in its current line-up on sale in 28 countries, along with additional planned models that include the Polestar 7 SUV (set to be introduced in 2028) and the Polestar 6 coupe/roadster.

Electrek’s Take


Polestar 4 deliveries
Polestar 4; via Polestar.

Product-wise, at least, it’s hard to argue that Polestar’s future appears to be anything but bright. The new Polestar 3 crossover is a viable competitor to the industry-leading Tesla Model Y, and the upcoming Polestar 4 and 5 models seem like winners, too. To drive that point home, Polestar is promoting up to $18,000 in incentives to lure in Tesla buyers.

You can find out more about Polestar’s killer EV deals on the full range of Polestar models, from the 2 to the 4, below, then let us know what you think of the three-pointed star’s latest discount dash in the comments section at the bottom of the page.

SOURCE: Polestar.


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Your personalized solar quotes are easy to compare online and you’ll get access to unbiased Energy Advisors to help you every step of the way. Get started here.

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Environment

The backup battery choice you didn’t know you had: natural gas fuel cell

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The backup battery choice you didn’t know you had: natural gas fuel cell

Whether it’s to keep the lights on after a natural disaster or just to avoid peak energy rates, more people than ever are adding battery energy storage to their home solar systems — but li-ion batteries aren’t the only option. The new WATT Fuel Cell uses the natural gas connection your home already has to generate power when you need it.

Technically a solid oxide fuel cell, the WATT unit turns the natural gas in your home into electricity without combustion, relying instead on a chemical reaction between the natural gas and oxygen in the air to create an electric current in a way that’s conceptually similar to a hydrogen fuel cell, but that makes use of a more readily available (and far cheaper) fuel source to generate power while producing far fewer harmful emissions than a conventional generator.

How it works


By WATT Fuel Cell.

The company’s latest offering, the WATT HOME system, recently achieved certification at a 2 kW power rating, marking an important step on the company’s commercialization roadmap as it races to meet market demands for a natural-gas-powered backup solution to guarantee uptime in outage-prone regions.

This week, the company marked another major milestone by installing the of its first 2 kW WATT HOME solid oxide fuel cells (SOFC) at the Edward M. Smith National Career and Life Skills Development Center, Hope Gas’ new state-of-the-art training facility in Clarksburg, West Virginia – but the news doesn’t end there.

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The company plans to take advantage of the new 30% ITC benefit (a federal tax credit that lets homeowners deduct 30% of the cost of qualifying clean energy systems, which now includes natural gas) under the One Big Beautiful Bill Act to help drive sales, with installations beginning in Hope Gas’ utility territory in Q1 of 2026.

“The WATT HOME system’s new 2 kW certification … validates the performance capabilities we’ve engineered for years and strengthens our competitive position as we move into multi-year deployment with Hope Gas,” says Caine Finnerty, WATT’s CEO and Founder. “With the ITC benefit, we anticipate accelerated adoption and substantial value for customers, utilities, and investors.”

The gas fuel cell can send power directly to the home’s panel, keeping the lights on directly, or perform the same function as a solar panel, sending power to a battery where it can be stored for later use.

Keep in mind, though – this isn’t a zero emissions option the way a solar + battery solution is. This is very much a fossil fuel-powered solution that gives off carbon and nitrous emissions, and the only reasons we’re talking about it are:

  • the tech is kind of cool
  • I didn’t know these existed
  • it is objectively cleaner than a conventional ICE generator

That said, while solar is still the better solution in an ideal world, a WATT HOME fuel cell might be a better option in situations where rooftop space is limited (or nonexistent), such as condos or vertically-designed townhomes. In those scenarios, solar panels are unlikely to generate a meaningful amount of electricity, but a fuel cell that can tap into the buildings’ existing natural gas lines to provide reliable backup power if the grid fails.

That makes the fuel cell an attractive option for residents in multi-unit buildings, older historic neighborhoods with strict aesthetic rules, or any building where adding solar panels aren’t feasible, but a low-emission, low-noise backup solution is still needed.

The better question, then, isn’t is it better than solar – it’s is it better than solar for you? If you’re in West Virginia, you might be able to find out in just a few weeks. In the meantime, watch WATT’s own explainer video, below, then let us know what you think of the idea of a natural gas fuel cell in the comments.

Powering your home with a fuel cell


SOURCE | IMAGES: WATT, via PRNewswire.


If you’re considering going solar, it’s always a good idea to get quotes from a few installers. To make sure you find a trusted, reliable solar installer near you that offers competitive pricing, check out EnergySage, a free service that makes it easy for you to go solar. It has hundreds of pre-vetted solar installers competing for your business, ensuring you get high-quality solutions and save 20-30% compared to going it alone. Plus, it’s free to use, and you won’t get sales calls until you select an installer and share your phone number with them. 

Your personalized solar quotes are easy to compare online and you’ll get access to unbiased Energy Advisors to help you every step of the way. Get started here.

FTC: We use income earning auto affiliate links. More.

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