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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.

33 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 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.

  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. 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

  4. 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.

  5. 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 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]

  6. 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

  7. 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 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)

    2. 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

  8. 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?

  9. 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
  10. 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.
  11. 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.

  12. 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

  13. 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
  14. 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 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.

  15. 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.

  16. 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
  17. 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.

  18. 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 |
  19. 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.
  20. 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.

  21. Re:Good. by achurch · · Score: 5, Funny
  22. 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!!!