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Government Internet Surveillance Up

Harvey Manfrenjensenton writes "According to this story at Newhouse News Service, the assault on Americans' rights known as the Patriot Act, passed by Congress in October, has produced results that are as disturbing -- and rampant -- as could have been anticipated. Law enforcement used to need a court order to tap your phone, read your mail, etc. Now they just need a whim. ISP's and Telcos can barely keep up with the volume of requests by Feds wanting to read your email." EFF's analysis of the Patriot Act is good reading.

125 of 368 comments (clear)

  1. It is "USA PATRIOT Act" not "Patriot Act" by Istealmymusic · · Score: 4, Informative
    From the bill itself:
    (a) SHORT TITLE- This Act may be cited as the `Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001'.

    "USA PATRIOT" is an acronym, and a misnomer at that. Lowercasing it only hides this fact, the proper name is capitalized.

    --
    "The lesson to be learned is not to take the comments on slashdot too literally." --Vinnie Falco, BearShare
    1. Re:It is "USA PATRIOT Act" not "Patriot Act" by 56ker · · Score: 2

      Yes but it's been called that to fool people into thinking that too support it is patriotic.

    2. Re:It is "USA PATRIOT Act" not "Patriot Act" by midas2000 · · Score: 2, Funny

      and also, who's gonna vote "no" to something called "usa patriot act."

      it's almost nauseating how obviously the name of the act is meant to manipulate people's opinions of it. if you say it's bad, then you hate america. blarg.

      cheers,
      -midas (www.haduken.com)

      --
      maybe we're born with it, maybe it's haduken.
    3. Re:It is "USA PATRIOT Act" not "Patriot Act" by dangermouse · · Score: 3, Insightful
      I would. The title "USA Patriot Act", even without the nauseating acronym aspect, would make me immediately suspicious of the bill, its purpose, and the intent of its sponsors in so naming it.

      It's such obvious doublespeak that I'd have cast a vote against it on general principle, or at the very least floated an amendment (on reading the bill and deciding that I liked it, which I don't) to change the name.

      Every time I hear that Act mentioned, I cringe.

    4. Re:It is "USA PATRIOT Act" not "Patriot Act" by Ed+Avis · · Score: 2, Funny

      Coming soon from your friendly legislator:

      - The Motherhood and Apple Pie Act
      - The God Bless America Act
      - The Will Somebody Please Think About The Children Act
      - The Digital Millenium... oh no they've used that one already.

      --
      -- Ed Avis ed@membled.com
  2. Re:Good. by sqlrob · · Score: 5, Insightful
    What makes you think that you have some inherent right to "online privacy" or "online freedom"?

    Amendment IX
    The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
  3. Only 18 years behind by Anonymous Coward · · Score: 2, Funny

    Hmm, we're only a little over 18 years behind Big Brother's forcasted schedule...Next we'll have video cameras on top of our computer monitors and TV screens...
    What's that on top my monitor? A Web Cam! NOOOOOOOO! It has begun.

  4. Not a joke? by twentycavities · · Score: 2, Funny


    Wow. I thought the whole "patriot act" thing was a joke.

    Don't forget to register as a patriot!

    --
    Monstromart: Where shopping is a baffling ordeal
  5. No real surprise by YouAreFatMan · · Score: 4, Interesting

    America is the land of individualism and extremism. You can't just have a little, you want the whole enchilada, and who cares if anyone else goes hungry. So it's no suprise that the government, given a little power, immediately begins to abuse it. In America, we abuse everything -- food, drugs, the law, other people, etc. We lionize the "rogue cop who doesn't play by the rules," yet this is the guy grabbing us on the street and shaking us down for ID for no good reason. People think, hey I've got an important job to do, so it's OK if I stretch the rules. So of course the FBI and other law-enforcement types will do that. I remember reading an article about the cameras that they put all over England, and how the people who run them have a deep respect for the authority they are wielding and the limits they are supposed to respect. In the US, there's no way those guys would have any restraint. OK, so I'm ranting, but the point is, that the US culture does not lend itself to granting a great degree of unchecked power to any group, be it government, corporate, whatever.

    --
    Robotiq.com is heavily tested on animals
    1. Re:No real surprise by jcenters · · Score: 3, Informative

      I agree with you in that Americans take everything too far: from "super-sized fries to gas-guzzling SUVs.

      However, I must disagree with what you say about the camera operators in England. I read a story (probably on here) about how they often abuse the cameras to watch young women as they walk the sidewalks, often "following" one they particularly like.

      --

      vi ~/.emacs

    2. Re:No real surprise by Jehosephat2k · · Score: 5, Informative

      "Germans who wish to use firearms should join the SS or the SA - ordinary citizens don't need guns, as their having guns doesn't serve the State." -- Heinrich Himmler

  6. Re:Good. by benthesinister · · Score: 4, Insightful

    Because everybody has inherent human dignity. And part of that dignity is a right to keep your affairs your own. Also, I feel obligated to point out that the Bill of Rights and Constitution were written a *tad* before there was an internet. Oh, and let's not forget, a small group of people called the Supreme Court say we have a right to privacy. For some reason I trust them over an anonymous coward. If you fear terrorists so much that you'd let the government read your email, than truly you are a coward. We still live in an era where human life should have some meaning or value. Get used to it. Fascist. "Those who would sacrifice their liberty for safety deserve neither liberty nor safety." That's from your founding father. Why don't you read the Constitution before you start thumping it.

  7. Add a header by Sebby · · Score: 2, Insightful
    Have your email client add a header to the emails sent out with a nice message to the FBI.

    --

    AC comments get piped to /dev/null
  8. Obvious... by Drakula · · Score: 2, Funny

    At first I thought it was wierd that there was no "OBVIOUS" tag in front of this headline. Then I realized this isn't FARK...

    --
    "It's comin' back around again..." -RATM
  9. It is not about reading your e-mail by NearlyHeadless · · Score: 5, Informative
    Telcos can barely keep up with the volume of requests by Feds wanting to read your email.

    No, they still need a judge to issue a warrant in order to read your e-mail. The article is about things that do not need a warrant, which includes who is sending you mail and who you are sending mail.


    The telephone companies and the post office have been giving out this information for decades without a warrant.

    1. Re:It is not about reading your e-mail by 56ker · · Score: 3, Funny

      Well 95% of the mail I get is junk mail - so they can read that all they like!

    2. Re:It is not about reading your e-mail by interiot · · Score: 2
      The EFF article has a list of actions that the EFF urges to happen. One of them is
      • That the many vague, undefined terms in the USAPA will be defined in favor of protecting civil liberties and privacy of Americans. These include:

      • the definition of "content" of e-mails which cannot be retrieved without a warrant.
      eg. it's not clear that the deluge of requests are only looking for the From: and To: information when arriving without a warrant.
    3. Re:It is not about reading your e-mail by civilizedINTENSITY · · Score: 2

      "2. Nationwide roving wiretaps. FBI and CIA can now go from phone to phone, computer to computer without demonstrating that each is even being used by a suspect or target of an order. The government may now serve a single wiretap, FISA wiretap or pen/trap order on any person or entity nationwide, regardless of whether that person or entity is named in the order. The government need not make any showing to a court that the particular information or communication to be acquired is relevant to a criminal investigation."

      Sounds like they do need a warrent, but just one warrent (involving Bin Laden, say) could result in any (and every) US Citizen being wiretaped.

    4. Re:It is not about reading your e-mail by Kronovohr · · Score: 3, Interesting

      Strange idea...
      [paranoid mode] They're also working to crack down on spam. I wonder if the two events are coinciding -- it seems like the more spam one receives, the more a pain in the ass it is for investigators to wade through the bullshit, and the more likely they are to miss something.
      Think about this: someone sends an email to someone with the subject "HERBAL VIAGRA -- STAY HARD FOR HOURS!", though the body of the message is something desirable to the FBI. Considering after a while of wading through crap, they would just ignore something with said subject line, thereby potentially missing something crucial.
      If they really are planning to crack down on spam, this may be the motive behind it.
      [/paranoid mode]

    5. Re:It is not about reading your e-mail by mpe · · Score: 2

      Nationwide roving wiretaps. FBI and CIA can now go from phone to phone, computer to computer without demonstrating that each is even being used by a suspect or target of an order.

      The thing is that in order to actually do this they need to have some kind of spy to tell them which line to tap at what time. If they have this they probably don't really need to do any kind of tapping in the first place.
      The only reason they could actually want these powere is for at best "fishing", at worst manufacturing bogus crimes.

    6. Re:It is not about reading your e-mail by Fesh · · Score: 2

      As distasteful as I find it to be the voice of reason here, there's (theoretically anyway) more to it than that. If they've got the "perp" on tape and the defense can't kill the evidence because law enforcement has been given these powers, then they don't have to reveal who/what the "spy" is. Otherwise, in order to provide damning evidence, they've got to present the spy in court as a witness or evidence, blowing his/her/its cover and usefulness in uncovering further crimes.

      So yeah, fishing and framing is a possible side effect (and quite likely to happen), but the ability to do so is hardly the "only reason they could actually want these powere[sic]". Even though I dislike the situation as much as anyone else on here, I couldn't let that one pass.

      --
      --Fesh
      Kill -9 'em all, let root@localhost sort 'em out.
  10. Re:Good. by Istealmymusic · · Score: 2, Interesting
    Or to quote Ben:
    They that can give up essential liberty to purchase a little temporary safety deserve neither liberty or safety.

    Well said, but I prefer:

    A day, an hour, of virtuous liberty
    Is worth a whole eternity in bondage.
    -- Arendt Hannahs

    Reading random quotes by activists and great thinkers can be very enlightening, I highly recommend The Quotations Page, providing quotes since 1994 - quite inspiring.

    --
    "The lesson to be learned is not to take the comments on slashdot too literally." --Vinnie Falco, BearShare
  11. Bush, Cheney, and Asscroft owe Bin Laden Big Time by sisukapalli1 · · Score: 3, Insightful

    They have been able to push each and every pet policy of theirs in the name of "homeland security" and patriotism.

    Quoting Samuel Johnson, "Patriotism is the last refuge of a scoundrel."

    S

  12. Email, email, email.... by anthony_dipierro · · Score: 2, Interesting

    I just wish I could convince my friends to use PGP when sending me email. That would solve most of the problems.

    1. Re:Email, email, email.... by anthony_dipierro · · Score: 2

      what prevents the government from banning encryption unless the encryption uses keys from big corporations.

      The first ammendment, the second ammendment, the ninth ammendment, the tenth ammendment, the fourteenth ammendment...

      But in any case, as far as I'm concerned I've always assumed that everyone was reading all my e-mails and listening in on all my phone conversations anyway. And I always will, no matter what laws are passed to try to stop people from doing it. That's actually one of the reasons why I post on slashdot with my real name. To remind myself that I am not really anonymous. Slashdot knows who is making the posts, and as far as any real security, that means everyone knows.

      Laws are the "hack" solution. Strong encryption is the real solution.

    2. Re:Email, email, email.... by extrasolar · · Score: 2

      Then we can all go on freenet and use anonymous identities. Its supposed to be resistant from attack by the government.

    3. Re:Email, email, email.... by Sloppy · · Score: 2

      Keyboard sniffers are way too risky to install, unless the government already suspects someone of a crime. They're not going to keysniff everyone who uses PGP (regardless of how small that population is) just so that they can fish around for evidence, blackmail material, or credit card numbers to use on the agent's time off. But random fishing expeditions into unencrypted mail is plausible, since there is little risk of getting caught.

      It doesn't matter that criminals can't completely rely on PGP. PGP does solve a problem for the innocent, by turning nearly effortless crimes into more difficult crimes.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    4. Re:Email, email, email.... by Com2Kid · · Score: 2

      Bullshit, Freenet is HIGHLY suseptibal to line taps.

      Bits going in bits going out. . . .

      Not to mention that you still need the IP addies of the people you are downloading the file fragments from, and not to mention whatever you actualy download. . . . .

      Only way to get a TRUELY secure file sharing system would be to have everything PGP encoded to hell in numerious different ways scattered across the network and then have files sent to you in random bits and pieces and assembled as shit happens without any sort of rhyme or reason.

      Hell no even then somebody could STILL backtrace each packet across the net if they had enough authority to do so (think worst case scenario here.)

      The 'net can NEVER be totaly secure. :(

    5. Re:Email, email, email.... by extrasolar · · Score: 2

      Here's a far fetched idea for the extremely paranoid. I call it a message in a bottle.

      You say telephone lines can be tracked. But what if you won't be communicating over wire. Thats right--wireless.

      A system could be set up such that anyone who is in reach of your wireless node pick up an encrypted message. They walk off until they encounter another wireless node and this message is sent to everyone else at this node. This continues until many many nodes have your message. Eventually you get the message and since you are the only one with the key, only you can retrieve the message. Complete anonymity.

      (I am far less than a security expert--but its an idea.)

    6. Re:Email, email, email.... by Com2Kid · · Score: 2

      Ugh, no duuude, you don't get it.

      The idea is not to track WHO but to track WHAT _WHO_ has.

      Somebody could still place a bug on the wire to your wireless transceiver, or place a small range receiver right outside of your transceiver that is keyed to only pick up messages from your transceiver so as that they knew what you were searching for.

      The anti-child porn law that was kinda-sorta-maybe-ruled unconstitutional just a few days ago actually had a provision in there FOR THOUGHT CRIMES. No shit, seriously. Some people were convicted for having INCORRECT THOUGHTS about clothing models in a regular clothing magazine. How did the police know? Past track record, the person had previously been convicted of rape (15+ years ago IIRC) and thus if they had a magazine with picture in it that the person MUST be viewing those pictures as porn.

      Well now it isn't very far from owning a magazine listing clothing to running through a database now is it? How far from arresting people who search for child porn on google to arresting people who search for some other 'bad' topic on Google? Hell, FBI could very well start keeping a counter for every time you search for the phrases crack AND {name of software product goes here}

      Enjoy your liberty. . . .

      *COUGH* *PUKE* *HACK* (no pun intended on that last on there)

      Annnyways. 2 or 3 years ago I would have said no way (hell 2 or 3 years ago I likely DID say no way to some dude sounding just like I do, LOL) but hell, {insert law enforcement agency here} has already proven that they don't give a frig about civil liberties.

      Hey, what the fuck ARE they protecting anyways? I mean I can understand say actual LAW MAKERS wanting to do this shit, big business money and all, but WHY THE HELL does the FBI give a woot?

      I guess that maybe they are all self delusional as in that they have to do this so that they can get the money to fight real crimes. . . .

      :(

      That and a good deal of people now days are being brought up brainwashed as in to believing how evil software piracy is. . . . Yes some people actually DO believe that! Ugh. As in throw them in jail for a looong time style evil.

      It may be wrong, but fuck, little johnny shouldn't go to jail, they should be busy hunting down those damn assholes who sell illegal software for large PROFIT. Now THOSE scum bags ARE evil. Can I get an amen out there? No? Darnit.

      Still though, I guess that little johnny doesn't have a defense fund like a real software pirate has. . . . and an arrest on paper looks good no matter whose name is plastered all over it. And a conviction looks even better. . . .

  13. Right of privacy and the Constitution by Seth+Finkelstein · · Score: 4, Interesting
    The following passage seems relevant

    Findlaw - Rights Retained by the People

    (emphasis added)

    The Ninth Amendment had been mentioned infrequently in decisions of the Supreme Court4 until it became the subject of some exegesis by several of the Justices in Griswold v. Connecticut. There a statute prohibiting use of contraceptives was voided as an infringement of the right of marital privacy. Justice Douglas, writing the opinion of the Court, asserted that the ''specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance.'' Thus, while privacy is nowhere mentioned, it is one of the values served and protected by the First Amendment, through its protection of associational rights, and by the Third, the Fourth, and the Fifth Amendments as well. The Justice recurred to the text of the Ninth Amendment, apparently to support the thought that these penumbral rights are protected by one Amendment or a complex of Amendments despite the absence of a specific reference. Justice Goldberg, concurring, devoted several pages to the Amendment.

    Sig: What Happened To The Censorware Project (censorware.org)

    1. Re:Right of privacy and the Constitution by StArSkY · · Score: 2, Interesting

      What is the purpose of government... as a whole. To administer, and to implement the wishes of the people. The FBI is a department of government and as such should fall under the same moral and ethical obligations.

      Surely the fact that information is sent electronically should mean it is treated no differently from paper or phone calls.

      Does the government have the right to open mail addressed to you? Does the government have the right to listen to your phone calls?

      The answer is yes of they have "reasonable" grounds to suspect you have or will commit a criminal act.

      The solution is not specific legislation or objection based upon medium, but an application of exsiting pronciples to a new meium.

      --
      lounge around on the blue couch
    2. Re:Right of privacy and the Constitution by BrookHarty · · Score: 3, Interesting

      I think the 4th admendment says it all.

      The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

      Secure - Free from the risk of being intercepted by unauthorized persons.

      There is too much to discuss about this, but it comes down to word "Reasonable". And this changes from person to person.

      You find it "Resonable" to trade Privacy for Security. Patriot ACT on that thought was "Reasonable" to some men and women to combat terrorisism.

      I find that "Unreasonable". The founding fathers had to deal with "Unreasonable" searchs under Kings Law, they would have no such repeat.
      -
      The power of accurate observation is commonly called cynicism by those who have not got it. - George Bernard Shaw (1856 - 1950)

    3. Re:Right of privacy and the Constitution by Com2Kid · · Score: 3, Insightful

      The answer is yes of they have "reasonable" grounds to suspect you have or will commit a criminal act.

      Actuaaallly. . . .

      Law enforcement agents have to do ONE thing and ONE thing only.

      That is CATCH criminals AFTER they commit a crime. Let me repeat that for everybody.

      Catch criminals AFTER they commit a crime.

      Technically law enforcement catches people ahead of the game as a matter of common courtesy, they don't have to do so, and giving them too MANY powers to do so seems just plain wrong to me.

      They are Law ENFORCEMENT Agencies, _NOT_ Crime Prevention Taskforces or any other such lame moniker

    4. Re:Right of privacy and the Constitution by dangermouse · · Score: 2
      The problem is that the rules were being applied to this new medium.

      The USA PATRIOT Act threw those rules to the wind for all media, new and old.

    5. Re:Right of privacy and the Constitution by jhines0042 · · Score: 2

      Catch criminals AFTER they commit a crime.

      One reason that suicide attacks are so popular with terrorists is that it is really hard to punish a person to a suffient degree to make up for the loss of innocent peoples lives. Its even harder when the criminal is dead.

      Of course, we have laws against conspiring to kill.

      Its THOSE criminals that the law enforcement agencies are trying to catch with these new tactics.

      --
      42 - So long and thanks for all the fish.
    6. Re:Right of privacy and the Constitution by dgroskind · · Score: 2

      Law enforcement agents have to do ONE thing and ONE thing only.

      One need only look at the FBI's mandate to know that this statement is untrue:

      The FBI's investigative functions fall into the categories of applicant matters; civil rights; counterterrorism; foreign counterintelligence; organized crime/drugs; violent crimes and major offenders; and financial crime.

      The police have an investigative role to determine if a crime has been committed as well as responsibility to catch the perps. This role also involves patroling to look for signs of a crime being committed.

      Part of the purpose of patroling is to prevent or discourage crime by raising the chance that criminals will be caught in the act.

      No police force simply sits in the precinct station by the phone waiting for citizens to report a crime, although no doubt the criminals wish they would.

    7. Re:Right of privacy and the Constitution by bluGill · · Score: 2

      And the surpreme court has said that is not true. Well, I'm not sure if it applies to the FBI, but it doen'st apply to local police.

      I can't find references, but the court ruled on a case where some man broke into a house, and was raping two women. A thrid managed to hide, get to a phone, and call 911. When the police arrived the rapest answered the door and said "Everything is okay. No you can't come in without a warrent." All polite so there wasn't enough evidence to do anything (If they could get a search warrent that fast).

      I just wish I could find references, google doesn't reveal anything. Most police departments claim their job is to pretect and serve, or something similear, and they might try, but they do not have to.

    8. Re:Right of privacy and the Constitution by dgroskind · · Score: 2

      All polite so there wasn't enough evidence to do anything...

      You are thinking of Warren vs. District of Columbia Metropolitan Police Department. The police certainly could have entered the house without a warrant, under exigent circumstances, namely, "Those circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts." (United States v. McConney, 1984).

      However in Warren, the issues were completely different. Here the victims sued the police because the police had failed to protect them. The court ruled that when "a municipality or other governmental entity undertakes to furnish police services, it assumes a duty only to the public at large and not to individual members of the community". This decision would appear to confirm the responsibility of the police to conduct investigations (as a duty to the public at large) even if they cannot be held liable for failing to protect every individual.

      In a similar manner, despite the original poster's comment, the police aren't necessarily obligated to catch perpetrators. California Government Code says the police may not be sued "for failure to provide adequate police protection or service, failure to prevent the commission of crimes and failure to apprehend criminals."

      Nevertheless, catching perpetrators is what police do as well as investigating, patroling and otherwise preventing crimes as best they can.

    9. Re:Right of privacy and the Constitution by Com2Kid · · Score: 2

      Its THOSE criminals that the law enforcement agencies are trying to catch with these new tactics.

      Guess what? Restrict internet access, they'll just use this little old thing called

      Mail
      The Human Voice
      ILLEGAL* ENCRYPTION (yes thats right folks, you can make keeping secrets illegal, but since they are secret YOU DO NOT FUCKING KNOW ABOUT THEM ::sigh::

      *if made such, would be useless to do so (see above)

      Encrypted Messages (key phrases and such)

      Telephone calls using key phrases (tap all you want, wouldn't do you much if any good)

      Plan these damn things BEFORE they leave home. Now there is a thought for ya, eh? Just pick out a date and some targets BEFORE they leave their training camps. Yeesh. Sure it would require ADVANCED planning and being DECISIVE, but hell, they are terrorists and assholes, not idiots. It doesn't exactly take a friggin rocket scientist to schedule 40 or so (business party reservations even, hell schedule it a few years ahead on the date that some major business convention is going to happen, say you are just planning ahead to beat the rush that happens every year. )plane tickets the maximum amount ahead of time that a airplane company allows for.

      If it is a bunch of people say going to some large convention, hell, the airlines likely wouldn't even bat an eye. Party of 14 to Comdex? What is so unusual about that. . . . (maybe a BIT large, but nothing much, yeesh)

      The thing is that they ALREADY do this, they just use MS Outlook instead of Worldcome MCI.

      Bugging the Internet is NOT going to make ANYBODY _ANY_ more safe, ensuring that the screeners have to have at least a high school education and having them stop f*cking unplugging machines WOULD help though. As would a requirement for big huge as stainless steel bullet proof doors on ALL airplanes. That should have been the FIRST requirement passed, and IF somebody HAD MADE it go through by now, we WOULD BE A LOT SAFER

      Hell we are getting too damn high tech about this whole situation. Some Good Old American Made Steel would solve A LOT of problems right here and now.

  14. Bad News by Anonymous Coward · · Score: 3, Interesting

    Connect from host: departmentjustice02.erols.com/208.58.140.194 to TCP port: 21

    I don't run an ftp server, never advertised one, never been into any sort of warez, just have a mail server. And I see that in my logs. What the fuck is going on?

  15. I hope the feds don't go after them for talking by sam_handelman · · Score: 2

    I'm pretty sure that all of these ISPs got instructions from the Feds not to tell anyone about these requests. I know they wouldn't have a legal leg to stand on, but I'd worry about being harassed by the justice department for talking about this stuff to the press, which someone has obviously been doing. This is especially true if the CIA gets involved; they can be pretty vindictive.

    The proposal, made by Albert Gidari (An "expert" on technology law who represents people? There are names for experts who represent people. To call them an "expert" implies a certain nonbias.) that ISPs need to be held indemnified for violating your privacy if the government asks them too, is an insult.

    --
    The good and new comes from no quarter where it is looked for, and is always something different from what is expected.
    1. Re:I hope the feds don't go after them for talking by sam_handelman · · Score: 2

      If the DoJ where inclined to go after people for making them look bad (do they even know it makes them look bad?) they could claim that releasing even general carnivore usage statistics was obstruction of justice. On that count, they would (I hope to god) have no real legal basis, but they could sure scare people.

      --
      The good and new comes from no quarter where it is looked for, and is always something different from what is expected.
  16. Re:Bush, Cheney, and Asscroft owe Bin Laden Big Ti by catsidhe · · Score: 4, Insightful
    Quoting Samuel Johnson, "Patriotism is the last refuge of a scoundrel."


    Quoting Ambrose Bierce, "with respect to Mr. Johnson, I submit that it is the first."

    --
    "This is a Hollywood movie: when it comes to the Laws of Physics, they're lucky if they get Gravity!" --- my wife
  17. Re:Good. by GigsVT · · Score: 4, Insightful

    That's an important point, there almost wasn't a Bill of Rights. When you make a list, even if you disclaim it with an entry that says that it isn't all inclusive, people will assume that the other rights just aren't as important. Part of the group that wrote the consitution didn't want a list, but the other part that eventually won, knew that if things were left to ambigous, it would be taken as license to do whatever the government wanted to do.

    --
    I've had enough abrasive sigs. Kittens are cute and fuzzy.
  18. Re:Good. by ari_j · · Score: 2

    Where do you draw the line?

  19. You're doing a mistake yourself by Anonymous Coward · · Score: 2, Insightful

    Why the hell is there a space? If it's an acroynm, shouldn't it be written "USAPATRIOT"?

  20. Re:Good. by ari_j · · Score: 2

    Thanks for those resources...I'll consult them in the future...but not when I'm lynxing it. ;-D

  21. Return to McCarthyism by Spy+Hunter · · Score: 2
    "The war on terrorism is basically a war of intelligence," Scowcroft said. "Every time they move, every time they get money or spend money, there's a trace, somewhere. What we need to do is get as many of those traces as we can and put them together into a mosaic which will allow us to uncover the al-Qaida network."

    So basically, screw privacy and due process, we have evil commie spies ^H^H^H^H^H^H^H^H excuse me, terrorists to ferret out!

    --
    main(c,r){for(r=32;r;) printf(++c>31?c=!r--,"\n":c<r?" ":~c&r?" `":" #");}
  22. We need a technology response, not a political one by argoff · · Score: 2


    What we need is a real technological solution, not a political solution
    to prevent this intrusion of our privacy - and even more it should be
    something doable in the USA and not rely on over-seas servers, because
    that is only a short term solution that could bend to political and
    military pressure. Even more importantly, it should be an infrastructure
    where we can engage in commerce and transactions in a fair way without 3rd
    party intervention or involvement. The solution should be indistinguishable
    from other random and legitimate communication, verify-able for accountability, but untraceable to defend against coercive force.

  23. Re:Bush, Cheney, and Asscroft owe Bin Laden Big Ti by Phanatic1a · · Score: 2

    Quoting Ambrose Bierce, "With all due respect to an enlightened lexicographer, I submit that it is the first."

  24. Disturbing thoughts... by rainwalker · · Score: 4, Insightful

    A few things I found noteworthy...

    The amount of subpoenas that carriers receive today is roughly doubling every month -- we're talking about hundreds of thousands of subpoenas for customer records

    ...HUNDREDS OF THOUSANDS!!! There are hundreds of thousands of suspected terrorists or people with involvement in terrorist activities in the US each month??

    "The war on terrorism is basically a war of intelligence," Scowcroft said. "Every time they move, every time they get money or spend money, there's a trace, somewhere. What we need to do is get as many of those traces as we can and put them together into a mosaic which will allow us to uncover the al-Qaida network."

    It seems to me that the full power of the US intelligence community has had more than enough time to uncover terrorist organizations operating in the US. I understand that it is much, much more difficult to conduct investigations in other countries, but the domestic investigations are getting ridiculous. What is really disturbing, is the way that the "al-Qaida network" is turning into a real-life Immanuel Goldstein....and we must take any and all measures to find him, no matter what it takes.

    1. Re:Disturbing thoughts... by quintessent · · Score: 2

      What is really disturbing, is the way that the "al-Qaida network" is turning into a real-life Immanuel Goldstein....and we must take any and all measures to find him, no matter what it takes.

      So what about the embassy bombings, the U.S. Cole, and the two attempts to destroy the World Trade Center (the second of which was successful)? Are you seeing a pattern? Whatever means we had in place before did not suffice. You have a point that there are limits, and we need to be careful. Personally, I would also like to see these people stopped.

      Your points are well-taken, though. We must be vigilant in asking the government to respect our fundamental rights, even in a case of legitimate alarm.

    2. Re:Disturbing thoughts... by mpe · · Score: 2

      So what about the embassy bombings, the U.S. Cole, and the two attempts to destroy the World Trade Center (the second of which was successful)? Are you seeing a pattern? Whatever means we had in place before did not suffice.

      It could just as easily mean that various people were not doing their jobs. Maybe instead of more powers they actually need less, so that they are less easily distracted.
      In the case of the first WTC attack one of the bombers was an FBI informant, who wanted to disable the bomb. But the FBI said no. The planes which crashed into the WTC (and The Pentagon) had not just taken off, instead they had flown through busy airspace in complete violation of FAA rules for considerable time.
      What extra powers would you give to the FBI to ensure they don't tell people not to prevent a terrorist bomb to go off? What additional powers would you give the FAA to ensure that they comply with the already existing regulations for off course aircraft? What additional powers would you give NORAD...
      Maybe before new powers (or even more money) these entities might need new managment.

    3. Re:Disturbing thoughts... by quintessent · · Score: 2

      Since I wasn't monitering e-mail and calls at the time, I can't tell you if there were any that would have given away these terrorist plans. However, common sense does come in handy here.

      U.S. intelligence has prevented many attacks. Remember New Year's, 2000, when we intercepted a truck full of explosives at the Canadian border? Such attacks are often coordinated between people inside and outside the country. And a lot of Al Quaida money originates from the United States. If they have agents in this country, wouldn't it be probable that they call or e-mail each other, at least occasionally?

  25. well what do we expect... by PhunkyOne · · Score: 2, Funny

    This ties in wonderfully with the brilliant idea from the Feds to use Microsoft Passport. One really bad idea deserves a companion.

  26. Perhaps there's a silver lining by FredBaxter · · Score: 3, Insightful

    Quoting from the article:

    "The problem that law enforcement and intelligence agencies face is not insufficient information -- "they are choking on information," Dempsey said. The deficiency is in targeting and analysis. The Patriot Act was based on "the assumption if you pour more data into the system, then the picture would become clearer, and I think that's a false presumption," Dempsey said."

    Not only are ISPs and others having a hard time dealing with the flood of requests, but it seems Uncle Sam doesn't have the resources to crunch the data it's currently getting. This might be good in so far as it may someday make law enforcement more selective of the information they collect, or perhaps we'll all just be on file indefinately. Someday when they dig up Indiana's Arc from the storage they'll find thousands of hard drives full of emails and chat sessions.

    Just my $.02

    1. Re:Perhaps there's a silver lining by Dave21212 · · Score: 2, Funny

      "The problem that law enforcement and intelligence agencies face is not insufficient information -- "they are choking on information,"

      Good point.

      It sounds as if the FBI is browsing the world at -1

      --
      "Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech."--Benjamin Franklin
    2. Re:Perhaps there's a silver lining by Ctrl-Z · · Score: 2



      It sounds as if the FBI is browsing the world at -1


      Yeah, but the problem is that they don't want to see all the stuff at +1 and above.

      --
      www.timcoleman.com is a total waste of your time. Never go there.
    3. Re:Perhaps there's a silver lining by mpe · · Score: 2

      Not only are ISPs and others having a hard time dealing with the flood of requests, but it seems Uncle Sam doesn't have the resources to crunch the data it's currently getting. This might be good in so far as it may someday make law enforcement more selective of the information they collect, or perhaps we'll all just be on file indefinately.

      Maybe the people in charge of this should take a trip to Berlin. Preferably before the people who could tell them first hand where it is likely to lead die of old age.
      The only resources which really matter in the "crunching" are human ones anyway.

  27. reading my email by Anonymous Coward · · Score: 2, Interesting

    I know a student here from Iran (my girlfriend has a friend dating him) almost every time he emails me (we both use Yahoo email) my browser security gets switched "on" then "off" (i have it set to warn me when switching from-to secure mode)it switches with no page change (i have to acept the changs the way i have it set)
    then i go to yahoo mail....never has happend with any email except from him.

    1. Re:reading my email by baptiste · · Score: 2
      If i didn't have it set up to show (popup to click ok) when going to or leaving a secure page you would not even know it happend, ..... i think it is a bug in software (carnavore)

      I doubt it is Carnivore which is more of a traffic sniffer. If your browser is being redirected to some other server transparently, it seems more like a way to track who RECEIVES email from certain people. Doesn't seem the most efficient way, but it would allow the govt to see what IPs were used to read an email from a suspect - could come in very useful.

  28. The definition of "unchecked power" by leereyno · · Score: 2

    Tyrrany

    --
    Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
  29. Re:Good. by Jehosephat2k · · Score: 2, Interesting

    "Show me that age and country where the rights and liberties of the people were placed on the sole chance of their rulers being good men, without a consequent loss of liberty! I say that the loss of that dearest privilege has ever followed, with absolute certainty, every such mad attempt." -Patrick Henry, June 5, 1788

  30. Real terrorists are smarter than that by squidinkcalligraphy · · Score: 2, Insightful

    This is just an excuse for spying on the US public (gee I'm glad I live in oztraya where similar legislation won't b passed for another couple of weeks). Serious terrorists use encryption, and hide their tracks. They have fake names. I'm not suggesting they can't be caught, but not that easily. The main thing the USA PATRIOT act will do will deter wannabe luser terrorists (the script-kiddies of the terrorist world), and depressed high schools from blowing things up. For a little while at least.

    --
    "I think it would be a good idea" Gandhi, on Western Civilisation
    1. Re:Real terrorists are smarter than that by mpe · · Score: 2

      And how many real terrorists are going to, hey, use their own credit card to pay members of their cell, f'rinstance, or waste time chatting on IRC, or doing any of the other things that leave obvious traces?

      Why do you think they will even bother using their own names. Quite a few of those involved in September 11th obviously used stolen identities.

  31. Canada... by YoungHack · · Score: 3, Funny

    At Truman State University there were fliers put up for a "town meeting" to discuss the then-new Patriat Act. I don't think I'll ever forget them. They said in large words:

    CANADA
    Looking better than ever...

    1. Re:Canada... by xtal · · Score: 3, Informative

      Uuuuh, you have a pretty twisted view of Canadian politics. We have the Charter of Rights and Freedoms here. Many Americans are not aware of this - this grants a base list of freedoms and expectations similar to your consitution. I would also sumbit that a number of our laws are a) much more sane, and b) much more intelligently enforced (for example, we don't give people 15 years in a federal FPMITAP for minor drug possession).

      Unlike the US Consistution, there has been no widespread effort to undermine these freedoms, either. You can be stopped and searched without cause in the United States too, you even glorify it on Fox (ever see Cops?). It's only if you have money and intelligence to work the legal system you an enjoy those rights.

      Calling Canada totalitarian is sheer trolling.. yes, there's a little too much hand holding here, and the tax rate reflects that, but things have the potential to change here. When's the last time the official political opposition in the US has been anything but democrat or republican, hrmm? Compare crime rates recently?

      --
      ..don't panic
  32. USA PATRIOT Act by ajakk · · Score: 4, Informative

    I know that it is against the grain here at Slashdot, but how many people here have actually read the provisions in the USA PATRIOT act? After hearing everyone on here complain and complain about it, I was sure that it was going to be a crock when I actually started analyzing it. Personally, I like almost all of the changes that the Act introduced, and I have been amazed at the clarity that the bill has.

    For example:
    The computer tresspass statute. This statute says that law enforcement doesn't have to get a warrant to eavesdrop on a computer tresspasser if they have the permission of the owner of the computer (very generalized). Think about what the problem was here. Somebody calls the FBI and says that a hacker had broken into their computer. The FBI could not watch what the hacker did on the computer, even with the permission of the owner of the computer, because it was assumed that it violated the privacy of the hacker. Come on. You have to admit that is pretty silly. Do you want the FBI to have to take several hours to draft and get a warrant signed in a situation such as that?

    Next, much of the changes in how email is handled was changed so that the laws are the same with email as it is with telephone. It is pretty easy for the FBI to find out who you are emailing. But it takes quite a bit more work for them to actually read your email. This is congruant to the ability of the FBI to get a Pen tap/trace on a telephone to find out who you are calling, compared to requiring a warrant to actually listen in on your calls.

    It is amazing to note people's perception of the DoJ. The FBI and the US Attorneys are not some huge govt. agency listening in on everyones phone calls and reading everyones email. They are an overworked, underpaid agency doing its best to combat crime within a wierd, confusing legal system. Of course they overstep their bounds sometimes, but the amount of good work that they do with the miniscule resources and respect they have is amazing.

    I for one say good job!

    1. Re:USA PATRIOT Act by gilroy · · Score: 5, Insightful
      Blockquoth the poster:

      Do you want the FBI to have to take several hours to draft and get a warrant signed in a situation such as that?

      Um, yeah, I do. A warrant is not just some hoop to be passed through. It is a requirement that the FBI convince an independent judge that they have sufficient grounds to eavesdrop (or whatever). They don't have to prove a crime is being committed, but rather, that there's good reason to believe one is. If the owner of a computer asks the FBI to monitor it, I'm pretty sure the judge would immediately grant the warrant.


      People seem to ask, "Well, if it's so trivial, why bother with a warrant?" I ask, "Well, if it's so trivial, why aren't you confident enough to try getting a warrant?" The Fourth Amendment is more than a hurdle, a hoop, or a technicality. It is the linchpin of an effective, independent judiciary. And if the FBI is "not some huge govt. agency listening in on everyones phone calls and reading everyones email", that is at least in part because they haven't been allowed to be.


      Our guarantees of civil liberties are not hinderances on an otherwise effective and respect law enforcement system. They are the root causes as to why that system is effective and respected.

    2. Re:USA PATRIOT Act by ajakk · · Score: 3, Insightful

      The problem is that the government has to waste several hours tracking down the judge to get the warrant signed.

      This addition allows the government to get the permission of the owner of the computer to listen in on what someone is saying. I do not doubt that the FBI would be able to get the warrant. But why should they? If someone breaks into your house, and you see them snooping around, do you want the FBI to have to get a warrant to go into your house? Or should they just get your permission?

      I think that way to many people have no idea how law enforcement actually works most of the time, and they just get blinded by the few times that stupid people in the govt. do stupid things.

      I agree that law enforcement should have limits on what they can do, but I don't think that they should have artificial barriers put in place that prevent them from doing their job, while only protecting non-existant rights.

    3. Re:USA PATRIOT Act by adminispheroid · · Score: 2, Interesting
      The problem is that the government has to waste several hours tracking down the judge to get the warrant signed.
      The point is, that is not a waste of time -- it is an investment of time that pays off in freedom and justice for all of us. As the guy you're replying to already explained more eloquently than I can; so let me suggest you read his message a couple more times and see if you get it.

      So if the FBI finds out you have met somebody they're investigating for a crime, you want them to have the right to search your house, without asking a judge for permission, just because you might possibly conceivably possess some evidence they could use against that person?

      Too often people cast this debate in terms of whether we are for or against the police. The fact is, the police aren't doing their job if they don't do everything allowed by law that might help their investigations. I don't fault the FBI for taking advantage of this law -- I fault Congress for passing it, and the White House idiot for signing it. It's the job of these people to set the limits on the police in way that's consistent with American values, not Fascist police state values.

    4. Re:USA PATRIOT Act by Saint+Aardvark · · Score: 5, Insightful
      The FBI and the US Attorneys are not some huge govt. agency listening in on everyones phone calls and reading everyones email. They are an overworked, underpaid agency doing its best to combat crime within a wierd, confusing legal system. Of course they overstep their bounds sometimes, but the amount of good work that they do with the miniscule resources and respect they have is amazing.

      No argument there; I got over my rampant paranoia many years ago, and realized that at the bottom, the TLAs of the world are just people, nothing more. But this does nothing to alleviate my fears.

      You read the PATRIOT USA act; good on you -- you're one up on me. But did you read the article? It's claimed that the number of subpoenas to telcos is doubling every month. That is insane. There are reports of law enforcement agencies insinuating that asking for subpoenas is un-patriotic. That is also insane. I am reminded of every police state that will get me modded down as flamebait for mentioning.

      No, I don't think they're gonna start rounding people up for the ovens any time soon. But will any good come out of this huge, overweening invasion of privacy? You can argue that these are relatively small steps, and I'd be hard pressed to come up with a good rejoinder. But so many small steps, in such a short time (seven months! seven!) are frightening. I can't be the only one afraid that people -- ordinary people like you and me -- are trying to wade through a morass of data, trying to pick out The Bad Guys, pressured more and more to come up with Results, and being given, in contrast with the pre-September 11th culture, virtual carte blanche to grab whatever they want, and browbeat into submission everyone who dares disagree..

      I'm Canadian. I'm not one of those gung-ho idiots in beer commercials (watch some Cdn. TV some time, you'll see what I mean); I've kept a relatively critical eye on my nation and my government, and gotten over a juvenile dislike of Americans, and I'm comfortable with the idea of moving away from Canada at some point, probably permanently. My wife would like nothing better than to move to Chicago; she loves the city, loves the idea of the city. This article makes me afraid to go there for a visit, let alone to live. I'm starting to wonder how you folks down there do it, or put up with it.

      I understand that trusting people works, mostly. But this quote really resonated with me:

      "We endow government with tremendous power -- power to arrest you, take away your property, take away your life, destroy your reputation, take your children away from you," Dempsey said. "I think those powers in the hands of human beings, acting under pressure, with the best of intentions, facing time deadlines in a world of limited resources, those kinds of powers need to be surrounded with a thicket of rules."

      I could not possibly have said it better.

    5. Re:USA PATRIOT Act by CaptainCarrot · · Score: 2
      Do you want the FBI to have to take several hours to draft and get a warrant signed in a situation such as that?
      Um, yeah, I do.

      Well, I sure as hell don't. Suppose someone were breaking into my house, and I hear him from my bedroom. I reach over to the phone to call 911. I'm told, "Sorry, but we won't be able to get there for several hours. We need a warrant to enter your house." "I give you permission to enter my house!" I reply. "Nope, sorry. By entering your house, we might be violating the privacy of the burglar. I'm afraid you'll have to wait."

      Absurd, right? Substitute "computer" for "house" and you'll have described the situation before the Patriot Act was passed, and the situation you would have liked to see perpetuated. If someone is breaking into my computer and I involve the FBI to track him down, then FUCK the cracker's privacy! There is, or should be, no expectation of privacy whatsoever if you're trespassing electronically.

      --
      And the brethren went away edified.
    6. Re:USA PATRIOT Act by Dimensio · · Score: 2

      So if the FBI finds out you have met somebody they're investigating for a crime, you want them to have the right to search your house, without asking a judge for permission, just because you might possibly conceivably possess some evidence they could use against that person?

      If I'm not mistaken, you can grant permission to authorities to search your home or property without a warrant. Often police will use a person's ignorance by asking if their car may be searched knowing that the vict^H^H^H^Hindividual is probably unaware that they do have a legal right to say "no" and that saying "yes" gives the officer legal authority.

      I'd not heard the part about the feds not being able to watch a comprimised system even with the permission of the system owner, and I'd like to see some case where a 31337 h4xx0r used that as a successful line of defense.

    7. Re:USA PATRIOT Act by commodoresloat · · Score: 2
      The FBI could not watch what the hacker did on the computer, even with the permission of the owner of the computer, because it was assumed that it violated the privacy of the hacker

      Are you on crack? If I give the FBI access to my computer, they can do what they like with it, just as if I give anyone else access to it. The same as if I consented to any other kind of search of my property. There are no provisions for hackers' rights while they're busy busting into someone else's computer. Any protection offered against search and seizure is there to protect the owner of the property being searched, not some criminal trespassing on that property. If somebody breaks into my apartment and there is a cop in the hallway, are you suggesting that the cop would not be allowed to enter the apartment even if I go in the hallway and ask him to?

      I like almost all of the changes that the Act introduced, and I have been amazed at the clarity that the bill has.

      You cite one example of a provision, and you get that one totally wrong. What about "sneak and peek"? What about indefinite detention? What about the new definition of terrorism? Did you even read the EFF summary?

    8. Re:USA PATRIOT Act by commodoresloat · · Score: 2
      If someone breaks into your house, and you see them snooping around, do you want the FBI to have to get a warrant to go into your house? Or should they just get your permission?

      Do you really believe the FBI would have to get a warrant for this? Again, if the owner consents to a search of his premises, his fourth amendment rights are waived and the search may continue.

    9. Re:USA PATRIOT Act by mpe · · Score: 2

      The problem is that the government has to waste several hours tracking down the judge to get the warrant signed.

      So judges magically vanish into an alternate dimension when they are not at work? They never have such a thing as a street address or a telephone...

    10. Re:USA PATRIOT Act by IIH · · Score: 2

      This addition allows the government to get the permission of the owner of the computer to listen in on what someone is saying.

      And who do you think owns the equipment at your ISP? You or the ISP? With this addition could not the FBI get permission from the computer owner (the ISP), and read _your_ emails without the need for a warrent?

      To place a tap, the FBI need to get a warrent, requiring a judge be convinced. With this addition, to place a tap, the FBI now just need to get the owners permission, requiring only the ISP to be convinced.

      --
      Exigo spamos et dona ferentes
    11. Re:USA PATRIOT Act by Zazm · · Score: 2

      Well if you live in America get a big fucking gun and protect yourself and your family. This helpless victim mentality where only big brother can save you is the reason your cherished freedoms are being deep sixed.

      Oh, and in case you didn't notice there is a small difference between violent crime and eavesdropping.

    12. Re:USA PATRIOT Act by 5KVGhost · · Score: 2

      Well someone's certainly being obtuse here, but it's not him. He was making an analogy, for heaven's sake, not stating that the police actually need a warrant to stop burglars. Sheesh.

    13. Re:USA PATRIOT Act by gilroy · · Score: 2
      Blockquoth the poster:

      He was making an analogy, for heaven's sake, not stating that the police actually need a warrant to stop burglars.

      Yeah, except he was making a bad analogy and people rightfully called him on it. This is much closer to, Can the police search arbitrarily the apartment of a renter if the house owner allows it. I am not a lawyer and I don't play one on the Net. But I am fairly certain the answer is, No, the owner cannot authorize a search of a tenant's belongings.
    14. Re:USA PATRIOT Act by King_TJ · · Score: 2

      I read it, and no - I'm not about to even consider calling that piece of trash a "good job"!

      It was simply a knee-jerk reaction to the terrorist threat, and gives government much more wiggle room to do what they like without oversight and checks on their powers.

      Attempting to use the "poor underpaid, overworked us" excuse isn't going to win me over either. If the legal system is too "weird and confusing" for them to handle, then maybe we need better training for them and revision of existing laws so they make more sense. We *don't* need to give confused and misguided people more rope to hang themselves (and us) with.

      To use your specific example of computer trespass, no - there's nothing "silly" about preventing an FBI agent from monitoring an alleged hacker's activity on a PC without getting a warrant first. The fact is, the law today would allow you to invite an agent into your home or business to observe what's happening on your screen. The agent you call wouldn't say "Thanks for inviting me over, but I have to close my eyes when I step into your computer room because I didn't get my warrant paperwork together yet."

      The problem comes in when they want to do such things as log incoming data, trace the source of incoming calls, and install software to set up traps for the hacker. Without a warrant, they have no business doing these things. Otherwise, any number of other people who remotely connect to your systems could get tangled up in a big legal mess before it's sorted out.

  33. Orwellian??!?!!?! by jsimon12 · · Score: 3, Interesting

    Anything named the "Patriot Act" has to be bad for you. I personally am frightened everytime I hear the term "Homeland Security" reminds me too much of being in Nazi Germany, or Oceania.

    1. Re:Orwellian??!?!!?! by Omnifarious · · Score: 2

      "Homland Security"'s biggest job is to make everybody feel insecure to justify their own existence. How much more Orwellian can you get than that?

      • Ministry of Love - Where they torture you, and spy on you
      • Ministry of Truth - Where they stread lies.
      • Ministry of Plenty - Where they create scarcity.
      • Homeland Security - Where they make you feel insecure
    2. Re:Orwellian??!?!!?! by Dr+Caleb · · Score: 2
      Have you noticed over the last few months, statements of "possible threats" from OHS and the FBI, but they are extremely vague?

      "We thing everyone should be prepared for a terrorist attack, but we can't say where, and can't say when and can't say from who...just be 'alert'." If that isn't fear mongering, I don't know what is.

      --
      "History doesn't repeat itself, but it does rhyme." Mark Twain
  34. Re:Good. by Jehosephat2k · · Score: 2, Informative

    "Those who sell their liberty for security are understandable, if pitiable, creatures. "Those who sell the liberty of others for wealth, power, or even a moment's respite deserve only the end of a rope." -Patrick Henry

  35. Tell us SlashDot Editors... by Dave21212 · · Score: 2, Interesting

    What have they asked you for lately ?

    I'm not joking ;) Yeah, I know /. is not a telco or ISP but I'll bet Someone has asked you for Something by now.

    Anyone else here feel safe enough to post 'anonymous' or otherwise on what they have been asked for ?

    --
    "Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech."--Benjamin Franklin
  36. Re:Good. by quantaman · · Score: 5, Funny

    Has anyone else noticed this quote showing up a lot? I havn't

    And this is only the edge of the iceberg!

    --
    I stole this Sig
  37. Re:We need a technology response, not a political by leereyno · · Score: 2

    If you ever figure out how to do that let us all know. Its been mulled over for several years now.

    Lee

    --
    Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
  38. No need to worry by WowTIP · · Score: 2

    If you read the following quote from the article: "The subpoenas are beginning to impose a financial burden on companies"

    When companies start complaining, the government usually listens.

    --

    --

    "I'm surfin the dead zone
    In the twilight, unknown"
  39. absolutely correct by Anonymous Coward · · Score: 2, Informative

    They have been doing this for years, with the postal system. There is something called a mail cover. Essentially, a law enforcement agency submits a request to the postal inspector to have mail monitored for a recipient. While they do not physically open the mail, they do keep track of who is sending and recieving mail, and general information that can be discovered about the contents of the mail from without. This is done without court order and with no particular oversight. Furthermore, you don't have the right to know if this is being done, nor does it need to be brought up at trial should it be used as an evidence gathering technique.

  40. Re:Patriotism by smack_attack · · Score: 2

    "Patriotism is the last refuge of a scoundrel."
    --Samuel Johnson

    At least give a good karma whoring link if you are going to qoute something like that.

  41. Back-Masking on Celine Dion MP3's!!! by simetra · · Score: 2, Funny

    That's how real terrorists communicate, they record their secret memos on Celine Dion MP3's. You can only hear them if you play them backwards. Try it and see for yourself!

    --

    "Would it kill you to put down the toilet seat?" -- Maya Angelou
  42. Good - It'll force the issue of encryption. by shockwaverider · · Score: 2

    This will just force the general populace to use strong crypto - a good step for freedom.

    Public opinion always went along the lines of "If it is hard to eavesdrop, why use encryption."

    Now it'll be "I bet the IRS is looking at my spending habits on a whim - Better encrypt huh?"

    --
    Remember kids! Guns don't kill people - Americans kill people.
  43. Ehh, I know its a big deal by kingharrison · · Score: 2, Funny

    But do they really want to read all the spam pr0n mail I get? I dont even bother reading it.

  44. The real worry... by smack_attack · · Score: 5, Interesting

    Right now we are lucky... lucky because there is a giant imbalance between information and the means to process it.

    But that gap is going to shrink... as more programmers and database analysts get hired and design methods for extracting the information given to them.

    Do you really think the government's insatiable hunger for information is going to diminish? The key to finding terrorists is not in looking at their criminal history, racial profiling or by their favorite books.The key is in finding those who dissent against certain policies of the US and take a best guess at whether they are committed enough to lash out against them that they are willing to take their own life or other's lives in order to acheive attention for their cause.

    So think about that the next time you complain about gun laws or taxes or the war on drugs or whether your speeding ticket was unfair. Because when the supply of information is dwarfed by the ability to interpret it, it may be your front door that gets kicked down at three in the morning.

    1. Re:The real worry... by MosesJones · · Score: 2

      The key is in finding those who dissent against certain policies of the US and take a best guess at whether they are committed enough to lash out against them that they are willing to take their own life or other's lives in order to acheive attention for their cause.

      And these people of course would be living in the US where this bill applies ? Sometimes with people like Timothy McVeigh that is true, but lots of times it is not. This is an act that is in reality going to find the McVeigh's of this world, not the bin Ladens. Sure that saves hundreds of US citizens being killed by another US citizen, and if that is the aim the obvious question is...

      Why wasn't this enacted after Oklahoma ?

      The key to eliminating terrorism, and after all that must be the aim. Is to reduce the causes of terrorism and the backing for that. This means have a decent policy abroad and not being seen as the big Bully on the block who throws toys out of the pram.

      And at the end of it all remember that the US Goverment were warned by the French goverment that dangerous terrorists were heading their way.. and they did... nothing. A database analyst means nothing if the people supposedly in charge can drop the ball in such a spectacular manner.

      This is an act squarely at the American people out of the pages of 1984. The enemy changes, bin Laden, Taliban, Iraq... who else.. but the goverment retains the myth of a continous struggle.

      George Orwell was only out by 18 years, not bad.

      --
      An Eye for an Eye will make the whole world blind - Gandhi
    2. Re:The real worry... by Aceticon · · Score: 2

      Overzealous law enforcement agent's point of view:

      - I'm sure that some of the demonstrators in Seatle must be part of a terrorist organization. At the very least they are unpatriotic. They must be investigated under the USA PATRIOT Act.

      - Also the NGOs - after all, if they're Non-Governmental Organizations then they're not with us ('cause we're the government). If they're not with us they must be against us - beter wiretap them.

      - We should also wiretap religious organizations - they might be spreading religious extremism and creating terrorists.

  45. Security through Obscurity? by jcsehak · · Score: 3, Interesting


    If they're sending so many subpoenas that ISPs can't keep up, then doesn't that make it harder for the really important requests to go through? I mean, if this keeps up, then won't it give real terrorists a "buffer zone" of time in which they can send unencrypted emails and act on them before the feds can even get the emails from the ISPs?

    --

    c-hack.com |
    1. Re:Security through Obscurity? by mpe · · Score: 2

      I mean, if this keeps up, then won't it give real terrorists a "buffer zone" of time in which they can send unencrypted emails and act on them before the feds can even get the emails from the ISPs?

      Except that terrorists are unlikely to send encrypted emails in the first place. Until they actually act they don't want to draw unwanted attention to themselves. Only if encrypted email was the norm would terrorists use it.

    2. Re:Security through Obscurity? by jcsehak · · Score: 2

      I don't know, I think encryption is in pretty wide usage. I know a lot of people who only use encrypted email at work, simply to prevent their bosses from snooping. I think it's a great habit to get into. I've had bosses who, just for something to do on their lunch hour, go through the mail server and look through emails. They're in their rights, since they own the servers, but still...ugh.

      --

      c-hack.com |
  46. Priority Problem by Ender77 · · Score: 2, Interesting

    This is good example of why Priority downloads and uploads never worked well in internet desighns. As soon as someone relized that if they set their downloads to high priority then they will get super speeds on all their transfers. Unfortunetely, everybody else soon did the same and it ended up actually SLOWING the system down or just flat out crashing it.

    Something similiar will probably happen with this. The companies wont be able to keep up with the demand and will probably close down or get the tech indistry to bribe congress into repelling (or at least limit) the law since they are loosing money doing this.

  47. I've been getting interesting hits/probes as well by Anonymous Coward · · Score: 3, Informative
    I've had hits to my homepage from:

    198.137.241.10 (resolves to e002.eop.gov)
    198.137.241.11 (resolves to sseop102.eop.gov)

    EOP is Executive Office of You-Know-Who, and I can only conjecture as to what the "SS" stands for. I don't have any political content on my website so I don't know why they'd be stopping by. All they requested was the index.

    I've also had several hits from senate.gov, and one from 38.203.152.66 (ns1.dcitp.gov). A cursory glance at http://www.dcitp.gov (funny Flash intro!) reveals that DCITP is essentially the Fed's cybercrime training center. I don't know whether to be flattered or worried...

    My firewall box has denied 35 _inbound_ packets today from a "Calypso Online" in Herndon, VA:
    60005 35 2100 reset tcp from 63.148.99.0/24 to any
    Not major in and of itself, but this IP block was previously assigned to a company called "Cyveillance.com." Cyveillance's repeated inbound probes were what earned that IP block a spot in my firewall to begin with, and while the IPs now belong to Calypso, the new owner is up to the same tricks.

    Cyveillance still exists; they've moved to 63.100.163.127 and are still as blatant as ever about what they do: "100 Percent Relevant Intelligence Mined Directly From the Internet - Cyveillance." I can't figure out who Calypso Online is, calypso.com is registered and seems a likely suspect; it resolves but isn't running a web server. Perhaps Cyveillance and Calypso are one in the same.

    What does all this mean? Quite possibly nothing, but quite possibly something. All I know is I hate the idea of being monitored and I've been painting firewall rules with a broad brush lately.
  48. ONLY 96 COMMENTS?!?! WOT THE F%#@& by pedro · · Score: 2

    Holy cow, people.. If this one isn't a hotbutton issue, I surely don't know what is!
    I didn't *think* that I signed onto a low traffic /. channel, but now I'm starting to wonder...
    The (so-called) 'patriot' act is a burning bag of shit on the front porch of the framers of our Constitution!
    When the Supremes get their mitts on this POS legislation, they'll tear it apart! It'll be Hideous!
    I'm at a loss here.

    --
    Brak: What's THAT?
    Thundercleese: A light switch.. of TOTAL DEVASTATION!
  49. Why You Should Use Encryption by goingware · · Score: 2
    Please read my (somewhat dated) article, Why You Should Use Encryption as well as Is This the America I Love?.

    Thank you for your attention.

    --
    -- Could you use my software consulting serv
  50. Look Who's Hiring Programmers by goingware · · Score: 2
    It's good to know that there's still a need for talented software engineers in these turbulent economic times.

    Only U.S. Citizens need apply. Relocation to the Washington D.C. area is required.

    They prefer you apply online!

    --
    -- Could you use my software consulting serv
  51. USA PATRIOT? by Ryu2 · · Score: 2

    Who comes up with these contrived names anyways?

    Do they pay someone to do this, or do US lawmakers have nothing to do better themselves than try to come up with these silly acronyms that are just PR buzz?

    --
    There's 10 types of people in this world, those who understand binary and those who don't.
  52. Original quote from the Devil's Dictionary by piranha(jpl) · · Score: 3, Interesting
    FWIW, the original quote from the Devil's Dictionary:

    PATRIOTISM, n. Combustible rubbish read to the torch of any one ambitious to illuminate his name.

    In Dr. Johnson's famous dictionary patriotism is defined as the last resort of a scoundrel. With all due respect to an enlightened but inferior lexicographer I beg to submit that it is the first.

  53. Re:Good. by achurch · · Score: 5, Funny
  54. Damn government - wasting more bandwidth by baptiste · · Score: 2
    So I guess from now on when I send an email to a friend that simply says "George Bush is a pinhead" it'll have to be
    -----BEGIN PGP MESSAGE----- Version: GnuPG v1.0.6 (GNU/Linux) hQIOAwVSepWpVQlCEAf+MdwQMqtDxIXtDJAbeGRcu7MRywvIcd SfhXODxXbWt3cw EV9UA5Kbh2Ef7/hSuMbAvfl9MAUJHJq80al5ozksOMG5omDktp JDrAUCXukILv/g LsUQnmALIh0N4FpZhKoSc88HjAGCUbhDXl3vFslMzEwTdhHXPb s/XQsDafBOWUrn Y9djLXHcIj9UakEDP8fNaAAh6j+cprMYUvcADdEbUru++BfvIA bKgw4XPgfMYfi3 i93CR+zipRscXvCgnc8/S2m87U7SG/Ry7b3OO34AoIj+tqFbyi pPmxkzSwhOpXJL RHjPxhHFA3+nMqsx+/5TISXcHzL86/VriUDRNSRNCwgAu7Upe3 9Y63DwG/p9zOl9 xlo7PLR5vBipcfyWGLPFkqYUNjvmtQrrA+GuFShLr+UC2XQNIq PXs6eDVyR7+RrE YdvjU2IPnhx7/zMMVSPTLf9Hlu82HJxfHG5ex6bdWpxsIvpufy ln9f3K3bPYYfP4 k1iM9uAFQGLjxkV8TfDAb9YJp7nnTOU7LsN+KZ0WuVTK/Pxgfj kJR9/CTRq1/dC3 HXbLpbceZUfXoE53mgjyaaJQrpL2QeLd0YbbzhZKdLORgqqWCL HycyDuINvcVQ1q orfi6GrQS21w1qVA2jYqBxc4HkigkkyzLV0S25ijhyK4kykrCT A/lvjFZn9tGqFO 3YUCDgOnvfcrNPaeXBAIAK7TFRy1ggwQIIjQ1gRgP2SnPQ9mbg 1KVpjSbW9yyMnt 4LSwfbAUhFpamJezntES7zQ1jBXXa69obCT6QDNclwTiQ3EnsT x9IjR4rZfQj64m q4UdvhoS0jnLwzYx7rYG/G/WYSX4RFd38s3qPkDT6J7RkgxxIQ TLatVS2l1bLjK0 +4uxEeP+gpo+VblA/yVNpcOBb+EkRCHgTNjjYDgpKZNRpKtuPU NuvTJrtMuUfpVi HQqIQ2V36ALEapJRMXmEOPe2/DHZoRXYI2KfQ1qH9o4VzJfVUZ 4HSYElS/pYldQT vot7dfo+teR+MuPxcPLbRtbhEEYkf4rsy+rL1tRGZr8H/ju5LV FYAXCtHCwsCfPv a1SCJp6/IoMedeAfDANpJnkLZ0kXsbBpFgX26pnKJToWOkbmvY 4pvaedXtXOSGX+ 9HIe+6JjmdrnZMfeCechUwDJrrRZotMCohRT3QyuXQZtc+DDgQ pISoL9XLOCLgME kXQCVDqSkvWTVglw34Wg6fBp2WHJfS5iPvCpt/sPvrKvfQSdew Y80fS3zjyXObm/ 9zhtcCjNALaLwxuoWrZs8pnXlYUKLuyxlNEbxpIt4Uyl5eDvSB Kq3C19wwLrdSf9 ihvHZ73obNnewz5WLSJhmoyLED4pVM2JD6CZNg4CiL6nOCwLKE 29pGcXVxQy48BC wqDSwDAB7cAMQ2YufiXBDbwwZBYwoilEAO0IEfY8290IBEZMa0 1lDnYCvtgEMEcq 3oInK2jea8C4kDbYx5Wpn3XC+Pa6VdlEBKS5l/ovL7S261bdwy QpghXEY4QFLs+Q YIqEyYlhcn69Wk8LGwelwFIgPlVHegP8ZnT/Y9l60YqVKCSdJQ CrtOj5Wjl20j/b I/aAQIvFtpzYIczaSjhdgHoQwQ2+y6iZ/l8S5cou28J3MyPS0V qcS+9YFiGuQ7UD A8A95DmPt3lfut09si3GkVRss0ufQuqFPiU4Ec+E6YnCnwyyzt ms/7gjOL8pU2GY h992mdo= =I9gC -----END PGP MESSAGE-----

    Bandwidth is a terrible thing to waste :)

  55. Re:We need a technology response, not a political by argoff · · Score: 2


    I think freenet is a start, but it is not completely anonymous or untraceable yet, but with a few modifications can be made that way. I also think digital cash technology is out there, but the main systems in use today are too propriatory - a GPL'd solution could cause dramatic change.

  56. Re:We need a technology response, not a political by -Harlequin- · · Score: 2

    What we need is a real technological solution, not a political solution to prevent this intrusion of our privacy - and even more it should be something doable in the USA

    Funny you should mention that, as the lead story in todays wired is this:
    A leash for carnavore

    It's an open source system a guy has developed that encrypts all customer records, such that
    1) No one can access them without an encryption key.
    2) The only way it will provide a decryption key is upon being presented with an electronic request digitally signed by a judge.
    3) The key it provides will ONLY decrypt the information specified by the judge and nothing more. No more abusing genuine warrents for overbroad fishing expeditions.

    It's a great concept. It allows law enforcement all the data they are entitled to, and preclude rights-violations. And for this reason, law enforcement will probably fight it tooth and nail, and make sure it never gets used.

    But an ISP in the USA that sells "secure, private" net access as a premium service could use this system as one hell of a selling point, and perhaps get the ball rolling. No overseas severs needed.

    Great idea.

  57. Re:feds asking isp's for access? by SealBeater · · Score: 3, Interesting

    Surely the feds could quite easily gain some sort of access to put packet
    sniffers on an isp's network and read anyones email, without the need to ask
    the ISP's or Telco's.


    Sure they could, however nothing they gathered would have been admissible in
    court. In addition, if they were caught, it would lead to severe punishment
    under the former laws. Illegal wiretapping and conducting an illegal
    investigation used to be very strictly enforced, even if the prepatrator was
    the FBI. Now, they can gather whatever they wish, use it in a court of law if
    anything ever turns up and not have to prove that you did anything wrong to
    get their attention in the first place. Whatever happens to us, remember, we
    deserve it because we didn't stop it.

    SealBeater

    --
    -- Its survival of the fittest...and we got the fucking guns!!!
  58. Don't get mad. Get even. by Phil+Karn · · Score: 2

    1. Install TLS-enabled SMTP daemons to "opportunistically" encrypt as much email as possible.
    2. Use PGP/GPG when practical
    3. Use SSH for all remote accesses and file transfers (aren't you already?)
    4. Install and use IPSEC (e.g., FreeSWAN) if possible
    5. If you use IMAP or POP, install SSL-encrypted versions of their clients and servers
    6. Set up your own SMTP servers (with TLS enabled) instead of relying on your ISP's servers
    7. Support https on all your web servers, even for open data.

    And anything else that will help make the encrypted haystack just a little bigger.

  59. For the poor sysadmins of said telcos and ISPs by shomon2 · · Score: 2

    What we need here, aside from the ben franklin quotes and correct acronyms for anti terrorism act - is a new RFC:

    A protocol for quickly getting email/internet content to government agencies:

    Should include an open stream of info going direct from the agency to the telco/ISP, which can be opened and closed when both parties agree to a subpoena and to a filter which will allow them both to get that info. It's not fair to get the poor sysadmins to have to do all the dirty work!

    To help the agency and telco interact, they should appoint 2 mediators: one within the telco to approve the filter and the subpoena, and the other to ask for it at the agency, and to have open access to all the data at the ISP, but sworn to keep it to themselves until the legal bits are approved...

    As for wether it's right or wrong, I think they can look at whatever they want. Provided we can look at them back. Open information!! Purveying Access To Real Information Over The world. (might need a counter-RFC...).

    Ale

  60. Re:Good. by Graspee_Leemoor · · Score: 2

    " On your feet on on your knees."

    On your knees- beggin'. And I ain't much one for beggin'. I say 'Fuck it!' Let's fight this thing!

    Aeieieieiei Chomp chomp chomp belch!

    graspee

  61. Re:Good. by Graspee_Leemoor · · Score: 2

    The line, the good captain informs us, must be drawn here. This far, and (apparently) no further.

    If you want to join us, you've got to really hate the Borg.

    I mean, besides trans-warp conduits, a sense of identity and belonging, increased efficiency, longer life-spans and cooler laser-pointers, what have the Borg ever done for us ?

    graspee

  62. The Part That Gets Me by meggito · · Score: 2

    The part that gets me is the library book thing. Not because I'm reading about explosives and poinson, but because I'm getting a shitload of computer books along with things like Masters of Deception, the Hacker Ethic, Takedown, and so forth. I do not break into computers and generally avoid things that are illegal, but wouldn't a library record like that draw some attention? How about the fact that I later went up to the central county library to have a look at a non-circulating utility map of the county?

    Yes, these things may be suspicious, but I was sure I had the right to the privacy to do such things until recently. No, I wouldn't have checked out these books if I thought the government might be monitoring who checks out certain books, and its a shame that in the future I will feel hesitant to check out some of those books. I really don't know how to feel about it. Should I avoid checking out 'hacking' books, should I avoid computer books from the library entirely, or should I just go on as I always have? Will the government really go through and find everyone who has checked out Masters of Deception and run through the rest of their library record to look for patterns, or am I just being paranoid?

  63. Re:Bush, Cheney, and Asscroft owe Bin Laden Big Ti by Ded+Bob · · Score: 2

    I am sorry to inform you, but it was not just Bush, Cheney and Ashcroft. Many Democrats and Republicans vote for this bill.

  64. Re:Good. by dgroskind · · Score: 2

    We live in an era of unprecedented governmental respect for civil liberties.

    One can see this respect even in the USA PATRIOT Act that uses tortuous language to try and make the act consistent with the Constitution and various court rulings. The British, with a more flexible notion of a constitution and a different role for the judiciary, simply hand government new powers to fight terrorism without such concern for precedent.

    A good deal of the USAPA consists of minor, even miniscule, changes to earlier acts, like:

    (ii) in subparagraph (B), by striking the period and inserting `; or';

    This highly legalistic approach to extending government powers shows that the government is mindful of what it is taking away and wishes to precisely delineate its new powers. It provides conventional recourse to the courts if the powers are exceeded or abused.

  65. Encrypt everything.. by xtal · · Score: 2

    ..and sort out the warrants later. This widespread monitoring is only due to the lack of proliferation of hard encryption (or any encryption) on the internet.

    --
    ..don't panic
  66. Re:Bush, Cheney, and Asscroft owe Bin Laden Big Ti by Ded+Bob · · Score: 2

    It was definitely a patent pressure vote. They still did not have to sign it. Only one senator voted no. It certainly tells me it was not a party thing. Both are responsible for it. I just dislike finger pointers, especially when they are misleading.

    The fact is both parties voted for it, so both parties agreed with it. If they did not agree with it, they should have voted no.

  67. Re:Bush, Cheney, and Asscroft owe Bin Laden Big Ti by payslee · · Score: 2

    They have been able to push each and every pet policy of theirs in the name of "homeland security" and patriotism.

    With the exception of their pet arctic oil-drilling project, which went down in the Senate yesterday. They were pushing that one hard in the name of "energy security" from evil foreign oil producers.

    Their "free ride" may not be over, but it is certainly slowing down.

    Then again, there aren't cute migrating caribou on the net to turn into a rallying point against wire tapping.

    --
    Doing my part to piss off the religious right.
  68. Re:you guys slay me... by hether · · Score: 2

    But what the hell are the postal workers, etc. going to do to me if they read about something they don't want me to be doing while they are opening my mail? Most likely nothing. Now compare that with the government and what they do to people when they find them doing things they don't like. There's a BIG difference.

    --

    Most people would die sooner than think; in fact, they do.