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Net Taps Without Warrants?

disappear writes "In the wake of yesterday's threats to cryptography, more ominous news: Wired News reports that a bill permitting warrantless Internet surveilance has been passed by the Senate." This is just part of the expected and unfortunate backlash from tuesday. The terrorists are winning simply because the govt. can use their threat as a blank check to take away our rights. The worst part is that this will do no good whatsoever. Does the govt really think that crypto export restrictions have prevented terrorists from having strong crypto?

14 of 474 comments (clear)

  1. Backdoors. by TheFlu · · Score: 5, Insightful

    Yeah, so all new versions of encryption software are gonna have to include backdoors so government officials will be allowed access if they need it. Great idea, but uhm, who exactly is gonna make the terrorists all upgrade to the new version?

    1. Re:Backdoors. by istartedi · · Score: 4, Insightful

      The counterpoint to that is that they can detect whether or not your data is encrypted. If it's encrypted, they'll decrypt it, and if they can't decrypt it, they've got you on a violation for not using back-doored software.

      The counter-counterpoint to that is to just use the backdoored software, but to encrypt what you send through it (2 layers).

      Then technicly you are not violating the law. So, if they are stupid enough to pass this law maybe they are not smart enough to consider the possibility that the "plaintext" is not really plaintext.

      If they bring you up on charges of nothing other than not using backdoored software, then you know that they decrypted your messages. If that required a warrant, you could get the case thrown out on that technicality alone. Not requiring a warrant makes that defense impossible. I have not had time to digest the bill, but it appears to be written so that they would have to justify that it was in the interest of national security for them to know what you said to your aunt Martha.

      Of course, the real terrorists will also use the backdoored software, but they will stego everything they send through it. Well, here on Slashdot, it's almost a truism that these laws don't work... would that it were the same in the larger world.

      --
      For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
  2. Re:Not as bad as it sounds by shanek · · Score: 5, Insightful

    Yes, and each time the Supreme Court has ruled on them, they've been declared unconstitutional.

  3. Conventional and Unconventional Wars by Whyte+Wolf · · Score: 5, Insightful

    Sadly the acts that the terrorists took part in on Tuesday were very much conventional warfare, in that it was likely planned and executed through a cell-structure, and with conventional 'weapons' (ie non-NBC).

    I wonder if the Internet was used heavily in this action, and if it would be used heavily by such groups in the future. we all know the security issues involved with using technology (and read that as a privacy issue as well). Its been reported that bin Lauden doesn't use cel phones or other wireless devices any more to keep the US from triangulating or tapping in on his communications. Much as I hate to admit it, these people arn't stupid. Tapping the internet without warrants won't keep them from communicating, they'll go to other methods less easy to tap.

    Meanwhile we loose a bit more of our own liberty. There is the first lesson, and likely the terrorist's first victory.

    --

    Beware the Whyte Wolf.

    With a gun barrel between your teeth, you speak only in vowels...

  4. Totally Unfortunate by cOdEgUru · · Score: 4, Insightful

    Civil liberties are most affected at times like this - when the majority are affected by some sort of crisis or bloodshed. This move would work for a month or an year, till FBI or the Govt is successful in rooting out this evil. At the end of it they would claim Carnivore helped them bring these criminals to justice, the same way Patriot missiles were at first claimed to have a 90% success rate, where as later it was found that the success hits were much much below the previously claimed numbers.

    Similarly FBI and the Govt would use Carnivore in a similar way, touting its use among the people without deriving anything valuable out of it. And when the war against Bin Laden is over, they would turn it on us, the people. By then, it would be too late. Any efforts to revoke Carnivore would never win, as the Govt would be quick in pointing out that its needed to prevent further bloodshed, and the Congress would happily send Carnivore on its way.

    Civil Liberties have been trampled on the ground once again and theres nothing we can do about it right now. Lets stand on the sidelines and watch, for now.

  5. Any evidence? by Baba+Abhui · · Score: 5, Insightful

    Is any representative of the FBI or of Congress presenting any evidence at all that the Internet was an indispensible part of the attack on Tuesday?

  6. I found this very pertinent... by Soko · · Score: 4, Insightful
    I'm a Canadian, but I think I owe much of my freedoms to the country south of the border. As such, I get antsy when the US government starts doing things like this. Even though she's a Canuck too,Catherine Ford's column in today's Calagry Herald is right on the money - and directly applicable to this exact situation. I found this passage especially relevant:

    It needs to be a response other than the one from those whose moral certitude is comfortably centred in a God of vengeance and a God of choosing sides, those who elected to scold the United States for its lack of backbone, its lack of moral fibre and its lack of security.

    Our neighbour is none of that. It is not lax, it is free. It is not godless or without morals.

    It is a democracy. And its internal security is as much as should be demanded of a country that prides itself on honouring the rights of its citizens before the nation's obligations and any government's right to deny freedoms.


    I'm hoping that one of my USian friends put this in front of the right sets of eyes. Let freedon reign.

    Soko
    --
    "Depression is merely anger without enthusiasm." - Anonymous
  7. Re:Thats wyat the Supreme court is for by startled · · Score: 5, Insightful

    A lazy man's paradise, right? You can just sit back, not worry about your Constitutional rights, because they'll all be protected for you.

    That's dead wrong, and life does not just go on as usual for many people in the U.S.. You obviously need to brush up on your history, as an immediate example comes to mind: the Espionage Act of 1917. Passed in support of WW1, it horribly abridged freedom of speech. People were thrown in jail with extremely long sentences for such things as writing communist literature, and one man was beaten to death after being arrested under it. Here's the best web page I could find on it in short notice, but I recommend heading down to the library and finding a good history book.

  8. Terrorists are the perfect enemy by rgmoore · · Score: 4, Insightful

    Sadly, terrorism is the perfect threat for those who want to take liberties away. Liberties are always curtailed in wartime (read the Bill of Rights: writs of habeus corpus can be suspended during war) and everyone in Washington is saying that this is a war. But in a normal war there's a clear enemy, and some way of telling when the war is over. Fighting against terrorists, though, there is nothing but a mass of shadows. There's no way of telling when they've all been caught of have given up, so there's no way to tell that the fight is over. That means that there's no time when the liberties that are ignored in the interests of pursuing the war should be reinstated- so they likely never will be. We must fight to preserve them now or we can kiss them goodby forever.

    --

    There's no point in questioning authority if you aren't going to listen to the answers.

  9. Wrong way of thinking about it ... by Forager · · Score: 4, Insightful

    Does the govt really think that crypto export restrictions have prevented terrorists from having strong crypto?

    ::flamesuit on:: Actually, that's probably not the reason the gov't wants to ban crypto. Think about it for a second:

    Every day thousands of geeks and perhaps dozens of terrorists send back and forth messages that have been encrypted. The geek messages may be frivolous, just simple messages about life and groceries and the kids and other trivial things. Even if they have a right to, there's no real reason for geeks to encode these things. Big Brother doesn't give a rats ass about what you're writing.

    Now, make it illegal to encrypt messages (example) and this flow of messages from the geeks will cut of SLIGHTLY. However slight, the decrease in the number of encrypted messages intercepted per day could drop, thus translating into fewer messages that need to be decrypted and thus translating into faster processing time for the NSA (or whoever).

    Do I support this? No. But I don't think the /. crowd is being fair with this one. The idea isn't to stop the criminals from using crypto; it's to make it a slightly faster process to DEcrpyt their stuff.

    Give the gov't some credit. They're not stupid. Just misguided and corrupt.

    --
    student of animation and the fine arts
  10. Breeding Complacency by Greyfox · · Score: 5, Insightful
    An unseen danger of this type of legislation is that it breeds complacency. Complacency on the part of the citizens who think they're being protected and complacency on the part of the law enforcement officials who think that all they have to do is sit back and let their automatic information collectors collect information. And this complacency will increase as it becomes more and more illegal to talk about security holes in software and physical processes.

    Complacency contributed to this disaster. The couple of security exposures I can highlight immediately: 1) You don't have to go through a security checkpoint again when you get off a plane and board a new one. You should. 2) Procedures for pilots handling unruly passengers. Were pilots trained to hole up in the cockpit and land at the nearest airport (And possibly lower the cabin pressure to the point where everyone in the back passes out) when something like this is going on, this incident would never have happened. Cryptography is not the danger, complacency is.

    The Internet is already years behind where it should be because the US Crypto Stance has pretty much eliminated the possibility of a commercial software package using cryptography on a large scale. Cryptography is vital for the authentication of identity on the net and this application has gone largely unimplemented. How many illegal stock manipulations would have been prevented if all companies PGP signed all their press releases, for instance? And spam could be all but eliminated if everyone encrypted their E-mail and refused messages not encrypted to their key. It seems to me that lawmakers want to put the genie back into the bottle not by eliminating all crypto software but by eliminating the Internet itself. This is just one of several increasingly unfriendly pieces of legislation introduced recently.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  11. Re:Question: by rodgerd · · Score: 4, Insightful

    Kids today. Never teach 'em history.



    Perhaps you ought to spend some time reading US history, focusing on government agencies who are supposed to be involved in law enforcement and the like.



    During the time J Edgar Hoover headed the FBI, which was founded to focus on interstate crime, he refused to allow it to focus on the Mafia, and pronounced on more than one occasion that there was no such thing; all those high-profile Mafia busts of the thirties and forties were by the US IRS, or by State and Local police acting at the behest of District Attornies or Governors.



    What did the FBI spend its time on? Un-American activities! The FBI spent most of the Fifties looking for "Communists" while ignoring the Mafia, and most of the Civil Rights era ignoring racial crimes while harrassing and trying to shut down Martin Luther King.



    There's plenty of precedent to make you scared of the BFI getting more rights, because they're more likely to come after citizens exercising their democratic rights than criminals or terrorists.



    For that matter, the NSA already have a bottomless budget, Echelon, and virtually no oversight. They have nearly limitless powers. Why didn't they notice this? Why would giving the BFI more power, like the NSA, help?

  12. Cracking the back door... by dpilot · · Score: 4, Insightful

    People are missing the other ramification of a mandated cryptographic backdoor.

    I'll bet that within a week or two, the backdoor is cracked, even if there is some 'sealing technique' used in the software. After all, they cracked Microsoft's AARD, and that was pretty thoroughly protected. Within another week, organized crime, Drug Lords, and even terrorists will have access to it.

    Once the backdoor is cracked, encryption is effectively worthless for anything but protection against other law-abiding citizens. But that's not the worst.

    One of the most essential uses of crypto is SSH, OpenSSH, and the like, so we can administer the machines that make the Internet hum. Even WinNT/Win2k uses an encrypted channel for admin. Except now we're mandated to use only crypto with a backdoor, and the blackhats can open it, too.

    No secure remote administration. No secure credit transactions. No Internet. No nuthin. It all falls apart.

    --
    The living have better things to do than to continue hating the dead.
  13. If I might rephrase a saying of the 60s. . . by kfg · · Score: 5, Insightful

    Removing civil liberties to preserve American freedom is like fucking for chastity.

    The enemy know where our weaknesses are. They have analized them carefully. Don't let them use political Akido to use our own force against ourselves.

    The only way to preserve freedom is to grant it, and defend it.

    KFG