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U.S. Considering Ratifying Cybercrime Treaty

waytoomuchcoffee writes "SecurityFocus has a new article on the Council of Europe's "Convention on Cybercrime". The U.S. has already signed the treaty, but it has not yet been ratified by the Senate (although President Bush has written a letter urging the treaty's passage). This treaty, among other items, would require the U.S. to "cooperate with foreign authorities" in conducting surveillance on American citizens who have committed no crime under U.S. law, but may have broken another country's law (selling historic Nazi posters on Ebay? Germany might have you wiretapped), prohibiting the "production, sale or distribution of hacking tools", whatever that means (would Nmap be illegal?) and require the U.S. to pass laws to "force users to provide their encryption keys" and the plain text of their encrypted files. Canada is a signatory as well."

131 of 535 comments (clear)

  1. New Slashdot Category: by Jediman1138 · · Score: 4, Insightful
    Your Dwindiling Rights Online.

    --

    nothing.can.stop.me.now

    1. Re:New Slashdot Category: by persaud · · Score: 5, Insightful

      Your Dwindling Protections Online.

      Your Rights haven't changed.

    2. Re:New Slashdot Category: by ConceptJunkie · · Score: 3, Interesting

      I agree, but tell that to the government that's imprisoned you.

      Last time I checked, it seems the only rights you have in the U.S. are to privacy and to not be offended.

      Neither of these are guaranteed by the U.S. Constitution.

      The former is a good idea, but it's not there, enamations of penumbras to the contrary. The second has become a defacto 0th amendment of the new Bill of Rights, trumping all others, even though it is ludicrous on its face.

      Welcome to the future, where feelings are law and facts are irrelevant.

      --
      You are in a maze of twisty little passages, all alike.
    3. Re:New Slashdot Category: by Darby · · Score: 4, Insightful

      Last time I checked, it seems the only rights you have in the U.S. are to privacy and to not be offended.

      Neither of these are guaranteed by the U.S. Constitution.


      Not true.
      All rights with a very few exceptions are guaranteed by the Constitution. The bill of rights was merely an add on addendum which a lot of people disagreed with the necessity for at the time. It is a sad eulogy to those who forced it through that they were right to do it.

      The constitution is mainly a granting of a few closely restricted powers granted to the government.

      All other rights are yours.

      You can define what it means to be a good American in one sentence from the Declaration of Independence:
      "We hold these truths to be self evident, that all men are created equal."

      The biggest problem we face is (IMHO) the lack of the courage among too many in this country to live up to this creed.

      None of this, of course, goes against your statement, "...tell that to the government that's imprisoned you."

    4. Re:New Slashdot Category: by LuYu · · Score: 3, Insightful

      Last time I checked, it seems the only rights you have in the U.S. are to privacy and to not be offended.

      Neither of these are guaranteed by the U.S. Constitution.

      U.S. Constitution:

      Amendment [IV] 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.

      Check again.

      --
      All data is speech. All speech is Free.
    5. Re:New Slashdot Category: by Shakrai · · Score: 4, Informative

      Not true.
      All rights with a very few exceptions are guaranteed by the Constitution. The bill of rights was merely an add on addendum which a lot of people disagreed with the necessity for at the time. It is a sad eulogy to those who forced it through that they were right to do it.

      The constitution is mainly a granting of a few closely restricted powers granted to the government.

      That's right. Allow me to quote it from the source for those that will disagree with you:

      The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

      I think we can be thankful that the bill of rights was created though.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    6. Re:New Slashdot Category: by HeLLFiRe1151 · · Score: 3, Insightful

      You'll get my encryption keys, when you pull them out of my cold dead hands.

      --
      I've got 101 mod points and you can't have them!
    7. Re:New Slashdot Category: by ConceptJunkie · · Score: 4, Insightful

      Absolutely. It is elegant in its conciseness.

      Furthermore, as was stated above, it guarantees preexisting rights. It does not, as many people seem to think, grant those rights. Of course, thanks to an absurdly broad interpretation of the so-called Interstate Commerce clause, the original intent of the Founding Fathers has been subverted to fuel a monstrous centralized government that tries to control all aspects of our lives. (Of course, despite that I think the U.S. is still overall a good place to live, but if we aren't careful it won't stay that way).

      The U.S. Constitution is a beautiful document, written by men whose wisdom has seldom been matched in the history of the world, but is very quickly being eroded into irrelevancy by simple-minded, power-hungry politicians who would argue the meaning of the most simple and obvious words, or carelessly loophole our rights away in the interests of "protecting" us.

      We will all be perfectly safe the same day we all become criminals.

      --
      You are in a maze of twisty little passages, all alike.
    8. Re:New Slashdot Category: by u-235-sentinel · · Score: 5, Insightful

      Man. What ever happened to "We the People"?

      require the U.S. to pass laws to "force users to provide their encryption keys"

      I can't believe we're agreeing to this. What are they thinking?

      "The treaty is already being used as a pretext in some developing nation to pass some pretty draconian laws," he said. "I wouldn't be surprised to see it used in the U.S. that way."

      And we're thinking of ratifying this? We can already see what other countries are doing with it. How bad does it have to get before we force the Government to stop this madness. I'm serious. This is getting bad and has to stop. DeMoCrAt along with Patriot Act and now this? It's frustrating.

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
    9. Re:New Slashdot Category: by geminidomino · · Score: 2, Insightful

      Congratulations. Say hello to Bubba when they throw you in prison for contempt of court and obstruction of justice.

      That said, I agree 100%

    10. Re:New Slashdot Category: by westlake · · Score: 3, Insightful
      The Founders were never of one mind about what direction the future should take. Though we have become the commercial society that Hamilton imagined and not the agrarian utopia of Jefferson.

      There is no easy way to read a document two centuries old in a way that gives it meaning in a world profoundly changed.

      It is a mistake to look at the Commerce Clause alone and ignore the significance of the Fourteenth Amendment and the consequences of the Civil War. Since then the federal government, the central government, has always been free to become as big and powerful within constitutional limits as it needed and wanted to be,

    11. Re:New Slashdot Category: by Oriumpor · · Score: 3, Interesting

      the whole problem with this ammendment is in one word... and it's been taken to the supreme court based upon this one word, "Unreasonable." Whether the intent of the founding fathers to allow officers of the law to have the measure of judgement aptly termed "Probable cause." Whether one calls this eroding of privacy laws, or a tool of enforcement included for in the constitution is solely upon the purpose of that one word.

      For all it's merits, the bill of rights is sufficiently vague to allow for such qualifications. The tenth amendment has basically lost all meaning since potentially unconstitutional laws are passed en-masse at the federal level in the back corners of appropriations bills and the like, and are rarely challenged, but oft enacted.

      Also, the privacy of individuals is surely not guaranteed, considering one can purchase camera systems to view via thermal methods, bypassing such trivial bullwarks such as "walls" or "window shades." These devices can be used by citizens or law enforcement officials without need for warrant or even probable cause. The same goes for other "pro-active" law enforcement surveilance techniques (ala: echelon etc.)

    12. Re:New Slashdot Category: by arivanov · · Score: 2, Insightful

      Well, welcome to jail for the crime of not handing in your keys.

      2 years in Britain according to the RIP act, many other countries have similar provisions. IMO I have nothing against this provision if these were the subject of the standard search and seize court order procedures (which at least in the UK is not the case).

      In btw, if you have any objections to applying search and seize court procedures to crypto keys all you need to think about is the day when all accounts will become fully electronic. And 256bit AES without the keys IMO is the best shredder the money can buy.

      Handing in your keys has to become a normal procedure in a digitized world. But it has to become equivalent to handing in your passport or the physical keys from the company accounts files. There are well established standards for issuing a search order, arrest order and posting a bail in almost all countries in the world. If crypto keys will become treated in according to _THESE_ procedures I can only appload, because this will mean that the world has finally gone digital.

      Unfortunately, that is still not the case because the congress and MPcritters think that the digital nature makes them somehow different.

      --
      Baker's Law: Misery no longer loves company. Nowadays it insists on it
      http://www.sigsegv.cx/
    13. Re:New Slashdot Category: by Anonymous Coward · · Score: 2, Insightful

      The U.S. Constitution is a beautiful document, written by men whose wisdom has seldom been matched in the history of the world,

      Ah yes, those wise, slaveholding hypocrites...

    14. Re:New Slashdot Category: by Zenmonkeycat · · Score: 2, Insightful
      You have the right to be investigated for donating to charities. You have the right to view movies or listen to music you own only on the player for which it was released. You have the right to be arrested and sent to a military base in Cuba indefinitely for no apparent reason, and never be told why. You have the right to be sued by a corporation for using software written by friends of yours. You have the right to be married to someone you love, so long as their plumbing down below is different from yours. You have the right to have property taken by the FBI or Secret Service, without them having to tell you what they took, or why. You have the right to be forbidden from seeing breasts on TV, both in living and statue form. You have the right to have your child's public school funding taken away and given to private schools, even if you don't have enough money to send your child there anyway. And you have the right to vote, so long as you use insecure electronic machines made by a company whose CEO promised to deliver Bush the White House in 2004.

      I never thought my freedom would ever be qualified by "if, and only if" statements.

      At least I have the right to legal representation, and the right to remain silent.

      --

      *****
      Dear Mary,
      I yearn for you tragically,
      A.T. Tappman, Chaplain, U.S. Army.

    15. Re:New Slashdot Category: by ratamacue · · Score: 4, Insightful
      We will all be perfectly safe the same day we all become criminals.

      We already are criminals, and we are hardly safer for it. The law is so overly complex and ambiguous that it is literally impossible NOT to be a criminal. Why has the law been designed this way? The answer is simple.

      There's no way to rule innocent men. ...When there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted - and you create a nation of law-breakers. ...Now that's the system, Mr. Rearden, that's the game, and once you understand it, you'll be much easier to deal with.

      -- Ayn Rand, Atlas Shrugged

  2. Isn't this redundant? by Isopropyl · · Score: 2, Interesting

    Aren't we suppose to cooperate with a foreign investigation under current international laws? I can't imagine the USA standing up to a request from the British investigative branch when they're on a lead.

    1. Re:Isn't this redundant? by 0123456 · · Score: 5, Insightful

      Why should they cooperate for something that's not a crime in America? Should they cooperate if, say, the Saudi police were investigating you for putting pictures of your girlfriend in a bikini on your web site, for example?

      The simple fact is this law would be nonsense, but a great way for the US government to harass Americans: you can't legally harass a US citizen? No problem, just ask your mates in Germany to ask you to do so.

    2. Re:Isn't this redundant? by LostCluster · · Score: 4, Insightful

      Why should they cooperate for something that's not a crime in America? Should they cooperate if, say, the Saudi police were investigating you for putting pictures of your girlfriend in a bikini on your web site, for example?

      If you did so from within Saudi Arabia, sure. In order to break the laws of a another land, you have to be there at the time. Otherwise, their laws don't apply to you.

    3. Re:Isn't this redundant? by mindstrm · · Score: 2

      SO let me get this straight.

      if I'm standing across the mexican border, and you are on the US side, and I take you out with a high-powered rifle... and then I head on over to disneyland....

      I have broken no US laws, right? Because I wasn't in the US at the time?

    4. Re:Isn't this redundant? by LostCluster · · Score: 3, Insightful

      if I'm standing across the mexican border, and you are on the US side, and I take you out with a high-powered rifle... and then I head on over to disneyland....

      I have broken no US laws, right? Because I wasn't in the US at the time?


      Right. You would have broken Mexican laws. The American authorities would arrest you and return you to Mexico for trial.

    5. Re:Isn't this redundant? by Pseudonym · · Score: 3, Insightful

      Interestingly, there have been long-running court cases which had to decide questions exactly like this. Here in Australia, we had a case where someone on one side of a state border was shot from the other side, and the courts had to decide whose laws it broke.

      In that case, the court found that the murder occurs in the place where the death occurs. I'm not sure about US/Mexican law, but it'd be a hell of an interesting case to follow.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    6. Re:Isn't this redundant? by obobo · · Score: 2, Insightful

      In order to break the laws of a another land, you have to be there at the time. Otherwise, their laws don't apply to you.

      Nice thought, but that's not true. There are actions that are against US law no matter where you were when you did them. The US prosecutes "Drug Kingpins" living in foreign countries all the time (think Noriega). I'm pretty sure that this is also true of murder: murdering anyone, anywhere, is against US law. US courts will generally let other countries take jurisdiction, unless there is a clear reason why they shouldn't (i.e. there are no functioning courts in that country).

      Most countries will not extradite someone for something that is not a criminal offense in their own country (see Salmon Rushdie not being sent to Iran after they sentenced him to death in absentia). Unless the laws are also made uniform, requiring such extradition for computer crime/non-crimes seems a little scary.

    7. Re:Isn't this redundant? by I+Be+Hatin' · · Score: 4, Informative
      In order to break the laws of a another land, you have to be there at the time.

      At what time? At the time the crime was committed? I think Dmitry Sklyarov would beg to differ with you on that point.

      --
      I know god exists. I read it on the internet, so it must be true.
    8. Re:Isn't this redundant? by bladernr · · Score: 3, Insightful
      Does that mean that if you hack a server in Australia from America, you are prosecuted under Australian law?

      Yes, and that is a long-standing law. The US has several laws that apply to what happens in other lands. For instance, "Conspiracy to kill Americans Abroad" does not require any action on US soil. The "Foreign Corrupt Organizations Act" prevents Americans from briding people in other countries, and executives from Exxon Mobile were prosecuted and convicted under that law. Drug traffers in Columbia can be extradited to the US. People shooting Americans from inside Mexico are, in fact, committing a crime in America, even though only their bullets (like "their data") ever entered this country.

      --
      Sarcasm and hyperbole are the final refuges for weak minds
    9. Re:Isn't this redundant? by linuxhansl · · Score: 5, Interesting


      The simple fact is this law would be nonsense, but a great way for the US government to harass Americans: you can't legally harass a US citizen? No problem, just ask your mates in Germany to ask you to do so.

      That's right. These evil Germans. During the last years I lived in several different countries, and I can tell you this: The US is most unfree country of all the western countries I ever lived in.

      Strictes speed limits, strictes drug laws (no alcohol in public, prison for some weed), longest prison times, broadest rights for law-enforcement (though that is changing), no (my god) nudity, censored TV, worst education (creationism vs. darwinism anyone)... The list goes on and on.

      Ironically people here are so brainwashed that they call it "The Land of the Free". What a joke!

      So don't quote German law as harrasment (even in case this was just a joke), because they forbid trade of "historic" Nazi material. And BTW if caught trading illegal Nazi materials in Germany, there no fine or jail time, you are just forced to stop it.

      Maybe foreign law enforcement will bring some sanity to this f*cked up legal system.

    10. Re:Isn't this redundant? by AstroDrabb · · Score: 2, Interesting
      The way to peace requires us to respect and practice other people's laws
      That all depends on the laws. There are some places in the Middle East where you can be sentenced to death for trying to spread a non-Muslim religion (that is just insane). Over here in the USA we have all kinds of religions, so I don't think practicing other peoples laws would be the best bet. A better approach would be all nations dropping their own laws and creating common laws that all nations agree on and uphold. Out with the old and in with the new. Obviously this would be almost impossible to achieve given the great social/moral diversity around the globe.
      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    11. Re:Isn't this redundant? by Brobock · · Score: 3, Interesting

      Actually, you are bound to US law as a US citizen even when you visit another country. You are required to follow the laws of the country you are in and US law. The information can be found on the state.gov website. There are problems however when 2 laws conflict.

    12. Re:Isn't this redundant? by linuxhansl · · Score: 2, Insightful
      Sorry, how exactly does telling people what they are and are not allowed to have their children learn make America more free again?

      From information sciences we know that "information" is "data" plus a common understanding of how to "interpret" the data.

      Freedom starts with access to data (or facts) and the understanding of what to make out of that data (or education). Without either, "freedom" is a nice illusion. What good is voting and freedom of speech if you never learned to make informed decisions or how to form independent thoughts? Which is why election campaigns (not just in the US) are more like talkshows than "information-events".

      The "creationism vs. darwinism" was just an example (which by the way also holds for Italy, where teachings of darwinism were just banned from elementary schools - last I read). But it goes further. US schoolbooks are filtered by various (left-wing, right-wing, christian, you-name-it) organizations. For example, the word "extremist" is banned. Banned are also non-pc topics, like the connection between ethnicity and poverty.

      People seem to believe that if we ban words, and all means to communicate about an issue, the issue will somehow just go away. And then they say: "It's to protect our kids"... Simply absurd!

      But I digress.

    13. Re:Isn't this redundant? by fucksl4shd0t · · Score: 3, Insightful

      I'm not American, so I haven't been through the American school system. But from what I've read, education systems throughout the world tend to push either darwinism or creationism.

      I am an American, and I went to High School in a small town in southern New Mexico that made national news in the last couple of years for a big, old-fashioned book burning.

      In my high school, we learned darwinism, taught as "theory, not proven". The "not proven" was added in order to avoid offending the parents (and many kids!). Creationism and any sort of religion wasn't allowed in the curriculum at all. I don't know why it was this way, however, because I always thought that presenting both sides of the discussion and discussing it would be far more beneficial to the kids than trying to avoid offending people. But religion wasn't allowed in the school, except for praying before football games, praying before school assemblies, praying before ... (get my meaning?)

      My wife and I were discussing the root of this issue tonight, actually. The root of the issue is "should schools be teaching morality?" I think the answer is "yes" (she had to answer yes, too, but I like my reasons better ;) ). I think that much needed education is virtually useless without morality in the teaching. What good is learning history if you don't learn why some part of history is a 'dark time' and other parts were 'good times' and what-have-you? What's the point in teaching about WWII if you don't also teach that Hitler was pure evil, a mass-murderer, and so forth? How can you teach that about Hitler without morality being part of the education? After determining that a school should teach morality, the next and obvious question is, whose morality should it teach? In my honest fucking opinion, the school should try to present both/all sides of a given conflict and the social mores that make up each viewpoint. Saying "the school should teach morality" doesn't necessarily mean the school has to push a specific set of rules down someone's throat.

      As far as the correlation between ethnicity and poverty go, I think schools avoid it because it's their own fault. In the US, anyway, that correlation has everything to do with historical racism and little to do with modern racism. Black people, specifically, have been kept poor in many parts of the country by the dominant whites in the area (think Deep South). Now, there's still a lot of racist problems down there, but to my view racism is more of a problem in non-Deep South states, these days. Anyway, black people are generally poor there because their ancestors were kept poor, and property taxes are what funds the schools, so the next generation of black kids grows up in the conditions of the previous generation, and the poor schools fail to provide them with education that would enable them to escape that fate. So it's historical conditions that have caused it, and it's very easy to make the conclusion that "black people are still living in the legacy of slavery in this country" after you've taught the Civil War, Women's Suffrage, the Civil Rights movement, and so forth. But then the schools would have to admit that they've failed in their mission, and there's nothing a school likes less than admitting failure. Hence we have schools graduating thousands of kids that can't read, write, or do math, and saying "look, all of our kids graduate! They all have high grades! We're a good school!"

      Blah. The education system here in AMerica is fucked. What have the rest of you lot got? Got anything better? My kids are starting school soon.... (I sincerely hope the Kedutainment package grows nicely, it already teaches more than 12 years worth of schooling in the US)

      --
      Like what I said? You might like my music
    14. Re:Isn't this redundant? by fucksl4shd0t · · Score: 5, Insightful

      Well, for the most part and only in my experience, Darwinism is synonymous with macro evolution and is thought to be antithetical to creationism.

      The threats surrounding child abuse are probably much the same here. A teacher can't even give a kid a ride home anymore without being accused of trying to make a pass at the kid, raping him/her, or whatever. Parents have similar problems. A kid can just say "my dad hit me" and then the dad goes to jail for child abuse, whether it can be proven or not to a jury of his peers. Both of these problems, which appear to be extensions of the same problem, are themselves symptomatic of a much larger problem that infests society at all levels. Political Correctness seems to be a symptom of the problem as well, but I haven't yet managed to peg the problem itself. :(

      Education is a big political issue, but it's also an issue where the only real power lies at the local level. A candidate for president is pretty much required to say "better education", but there's ain't jack shit he can do about it. Bush said a lot of that, but as a result of his work as governor in Texas we wound up with a bunch of illiterate graduates. Working in fast food I actually had to teach kids with diplomas how to read #1CB. Not just what it meant, but what the # symbol meant, and what a 1 was, and what a C was, and what a B was. Corporate interests appear to be staying out of education, except to sponsor events (a good thing) and to sponsor other stuff (mostly a good thing, I don't have any bad examples), but since the people ultimately in charge of education are elected officials, the numbers used to show successful policies frequently don't indicate success or failure, such as the HIgh School drop-out rate (frequently affected by factors an elected official has nothing to do with. In Texas, under Bush, this number was manipulated by either handing out diplomas when someone threatened to drop out, as is what happened with my wife, or by writing them out of the books entirely so they don't show as a drop-out). Sucks, don't it? ;)

      Math is about the only area that doesn't come under fire, so it's not surprising that math does well, overall. Literature is frequently censored in one form or other (my high school refused to carry some works of Shakespeare, they were lewd, and we actually had to fight to be allowed to watch the 1984 movie). History is selectively censored, with the biggest censorship happening with regards to the Indian Wars and early colonization. Spain is always the bad guy (and maybe they really were, historically, but it's hard to tell when England is also almost always the bad guy, until you get to WWII, and I *know* they weren't always bad guys, historically). Mexico is usually a bad guy, too, and Canada is always just a copy of the US (historically accurate, right? ;) ). Australia actually gets presented pretty badly, too, come to think of it. But the Aussie government's dominance of the aboriginal tribes is usually glossed over, probably to be consistent with our own history in that regard.

      American schools suck. They perpetuate a lot of myths, such as the myth that Thanksgiving as a holiday has been practiced ever since the pilgrims showed up on the Mayflower, or the myth that the West was conquered because the so-called Indians couldn't keep their word (this one actually got a lot of attention in High School, but in lower schools it was taught that the Indians were pure scalping evil), or the myth that the Civil War was fought with the altruistic purpose of freeing the slaves (yes, it was fought to free the slaves, but not over altruism, over money instead). The US internment of a whole bunch of Asian-descended people during WWII is generally left out of the material entirely because the material is deemed to resemble the concentration camps in Europe of the time a little too much. Not to mention, we can't have ever been racist in our history, the US does no evil, right? It wouldn't tak

      --
      Like what I said? You might like my music
    15. Re:Isn't this redundant? by LordLucless · · Score: 3, Insightful

      Yeah. It's really an over-correction. Children need greater legal protection, because they are dependant, and in a more vulnerable position. At the moment though, the balance has gone way too far trying to correct for this.

      Education here is decided at the State level, for the most part, which means those policies get greater attention than they would if decided on by the local council. In terms of literature, I don't think the public system censors too much - they do try a bit hard to be "modern", but they don't seem to concerned with censoring lewdness or anything. Even my highschool wasn't, and it was a Christian school.

      We've sort of gone the opposite way in regards to history. At least once a year, we had at least one unit that was basically all about how evil us white people were for what we did to the Aboriginals. It gets to the point were people are so sick of hearing about it, it loses any impact it might have had. Our history does skim over any negative side of Aboriginal culture (like infanticide - most early cultures practiced this, including the Romans, so its not just the Aboriginals). I suppose since Australia has so little history, and so little impact on anything outside our borders, there isn't really that much point to extensively re-writing it.

      I think out syllabus is pretty good over-all. I just think there needs to be more discipline in the classroom. When shouting at a child is considered child abuse, it's become totally ridiculous. The only method of control teachers have now is intimidation, because its not overt. You can't even have detentions any more, because it inhibits the little darlings' social development. I personnally think we could do with more responsibility, and less social development, but hey.

      Another plus Australian schools have is that they seem to be a little less stratified than American schools, in terms of social groups. But, again, the only experience I have with American schools is through a friend who went on exchange, so...

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    16. Re:Isn't this redundant? by boarder8925 · · Score: 2, Interesting
      ...or the myth that the Civil War was fought with the altruistic purpose of freeing the slaves (yes, it was fought to free the slaves, but not over altruism, over money instead).
      Yes, it was partly over money, but it was actually over states' rights. As you American Slashdotters [hopefully] learned, the South seceded (except for the "border" states) from the Union.

      This pissed off Lincoln a lot. He didn't believe that states had rights, especially to secede. So he went to war with the South. I think it was in 1863 that he changed the issue from states' rights to slavery.
  3. Banning "hacking tools"? by JessLeah · · Score: 2, Funny

    So they're gonna ban carpenters' tools? You know what they say... when wood screws are outlawed, only criminals will have wood screws...

  4. Like Australia by sweet+cunny+muffin · · Score: 3, Insightful

    I remember when the US was trying to get a guy out of Australia (can't remember who or find the article - sorry) and people said that the US would never do anything like release someone who had comitted a crime over the internet, breaking a law in another country.

    Proves you wrong.

  5. Ha! by Gannoc · · Score: 5, Funny

    Canada is a signatory as well.

    There! Happy now? Slashdot finally mentioned Canada, but it turns out you're a bunch of facists like the rest of us. W00t!

  6. Er... by Anonymous Coward · · Score: 5, Insightful
    Why do we have to give them our encryption keys? This makes no sense.

    Do they have to find evidence on you first? I mean, they won't just go around asking for everyone's encryption key, so that they can find the evidence can they?

    Encryption are the walls of my digital home. Anything I encrypt is private property. I feel this might set a very bad precedent if we are required to give the gov't our encryption keys..

    1. Re:Er... by Manip · · Score: 5, Insightful

      If you think about it, giving them our encryption keys is kind of like guilty until proven innocent isn't it, if they assume we are all criminals and ask us to prove we are not (by showing them our cards). I don't really understand how any country can justify this...

    2. Re:Er... by SharpFang · · Score: 4, Insightful

      ...and then their "microsoft-sponsored" boxes get compromised and some real criminals lay their hands on your keys.
      I don't quite believe the government can keep my keys as safe as I keep them.

      --
      45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
    3. Re:Er... by Geek+of+Tech · · Score: 2, Interesting
      Hmm... I they want the keys to get into my digital house, maybe I should give them a copy of my house key, and post office box key. And all my passwords. That should work. I have no reason not to trust some stranger with my house keys..... ?! Hello? What's going on here?

      --
      Stop the Slashdot effect! Don't read the articles!
    4. Re:Er... by the_mad_poster · · Score: 3, Insightful

      When cops pick you up to question you about some crime, they already assume you had something to do with it, or know something, you have to prove you don't, that your completely innocent as regards whatever they're investigating.

      Yea, right. That's why the last time I got picked up and questioned, I didn't get charged, I was never in a situation where I had to do anything other than cooperate voluntarily, and they basically treated the whole thing as "look, we have to do this, this, and this, we'll get it done as quickly as possible and let you get on with your life because this is wasting our time too".

      That attitude must be really pervasive in people who think they have a guilty party, huh?

      Or, were you just talking out of your ass?

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    5. Re:Er... by jrockway · · Score: 3, Insightful

      Isn't giving the government your encryption keys like testifying against yourself? And isn't that not required by the fifth amendment?

      Here's my key: Oops I forgot it. All this stress does that to you, you know. You can try guessing it though, there are only 2^1024 possibilities.

      --
      My other car is first.
    6. Re:Er... by joe_bruin · · Score: 4, Insightful

      Isn't giving the government your encryption keys like testifying against yourself? And isn't that not required by the fifth amendment?

      no. think of your encrypted data as a safe. when the police come to you with a warrant to search your stuff, you are obliged to open the safe for them. if you fail to do, they can put you in jail, indefinitely, without a trial, until such a time as you comply with the warrant (ie, give them the combo), or they manage to crack the safe without your help. and that time doesn't count towards time served when they finally do get your data.

      now... there are some ways around this.
      if you had a safe the police didn't know about, you are not required to tell them that it exists. if your hard-drive is filled with what appears to be random garbage, but contains multiple encrypted slices (that cannot be detected without their respective magic keys), you can have plausible deniability to claim that some don't exist. there is an open source project that does this (i forget the name). it's still technically failing to comply with the warrant, but they can't hold you because they can't show that you are failing to comply.

      but if you're going to be sitting around a prison cell waiting for them to crack your 1024bit key, you might as well give them the evidence. you might get out of jail faster after serving your sentence.

      of course, ianal, ymmv, don't get your legal advice on slashdot.

    7. Re:Er... by quantum+bit · · Score: 2, Interesting
      if your hard-drive is filled with what appears to be random garbage, but contains multiple encrypted slices (that cannot be detected without their respective magic keys)... there is an open source project that does this (i forget the name)

      Rubberhose

    8. Re:Er... by Eythian · · Score: 2, Informative

      Rubberhose is unfortunatly very out of date. A newer equivalent, that should work with 2.4 and 2.6 kernels is PhoneBook.

  7. Net no long Wild-West by Manip · · Score: 4, Insightful

    The net is like the wild-west.. with no laws or very little.. I think we are coming to an end of that time, soon we will need corp authorization to write e-mail and have to pay to put any content only.. sad day. Also, how.. realistically could we even provide them with our encryption keys? Also couldn't they be used for political gain??

  8. More laws, just what we need by Anonymous Coward · · Score: 2, Insightful

    Now not only do you have to keep track of the laws in the country which you live in but also the laws of all countries who've signed this "Cyber treaty".

    I remember reading here before about how you make a lot of laws and reinforce them selectively depending on who you want to take down to earth. Well it just got even easier.

  9. Now where? by Realistic_Dragon · · Score: 3, Funny

    Can't go to the USA, Europe, Canada, Mexico, Australia or China.

    Well, I guess if Russia doesn't work out for us liberty loving types we can always head for Mars.

    --
    Beep beep.
  10. I can't believe this... by I+Be+Hatin' · · Score: 4, Interesting
    While the implications of this treaty are truly frightening, the amazing thing about it is that it originated in Europe. Judging by all the anti-American trolls here on Slashdot, you would think that such legislation was only possible in a land corrupted by people like Jack Valenti and John Ashcroft. This treaty really goes a long way toward shattering my illusions of Europe as the land of the free and the home of the brave.

    --
    I know god exists. I read it on the internet, so it must be true.
    1. Re:I can't believe this... by BigBadBri · · Score: 2, Interesting
      As a regular critic of America (whichever of your idiot parties happens to be in charge), I'm not at all amazed by this turn of events.

      Europe (the European Union in this case) is composed of several nations with an unfortunate tendency to pay lip service to individual rights, my own country (Britain) being among the worst culprits.

      As part of a long-term policy to harmonise law enforcement across the EU, this treaty makes sense on the surface, but it is the cross-border enforcement, put in the treaty by cynical politicians with no regard for their citizens, that makes a nonsense of this treaty.

      Here in the UK, we have RIPA (the Regulation of Investigatory Powers Act) which in its final form will embody the worst aspects of the treaty, including the compulsion to give up encryption keys, and allowing even local councils to instigate surveillance against citizens for almost any reason that they can dream up.

      Worse still, the EU is working on a new constitution (glad to see they have one, because Britain still hasn't got any written statement of rights and obligations), and the cross-border law enforcement is likely to be a key element of this document.

      So your illusions are justly shattered, but Valenti and Ashcroft are still scum, and will remain so in my eyes along with Blair, Straw, Blunkett, Chirac, Aznar (poor man got his ass kicked out, haha), all the EC commissioners and every piece of pondlife that masquerades as a decent human being while shafting his fellow man by imposing iniquitous laws on people who have no choice but to participate in the farce that calls itself democracy.

      --
      oh brave new world, that has such people in it!
    2. Re:I can't believe this... by Ogerman · · Score: 3, Insightful

      While the implications of this treaty are truly frightening, the amazing thing about it is that it originated in Europe.

      It's not really so amazing when you consider that the Clinton admin, which also brought us DMCA through the backdoor of a WTO treaty, was largely responsible for drafting / pushing the cybercrime treaty as well.

      http://www.wired.com/news/politics/0,1283,40576, 00 .html

      And here's a fun one:
      http://www.computerworld.com/governmenttopic s/gove rnment/story/0,10801,55949,00.html
      Oh how times have changed, eh?

      Sadly none of this stuff will be discussed in either party's presidential candidate's 2004 campaign. Why? Because they basically have the same brain-dead stance. So you all know what to do: start writing congress immediately!

    3. Re:I can't believe this... by lfourrier · · Score: 2, Interesting

      European citizens, from Maastricht on, are never cousulted about european construction.

      (And even then, it was : here are 96 pages of very small writen treaty. Do you want it ? Yes or No, no amendment possible. In fact, it was only a plebicite of the current governements at the time.)

      As for European Union, coming after European Economic Comunity, coming after Economic Comunity of Coal and Steel, integrating BeNeLux, Germany, Italy and France in the fifhties, it is essentially an economic oriented conglomerate.

      The constitution project can be considered as an attempt to involve citizens, but for now, the ruling organs are so complex, and citizens so far from them that one cannot pretend Europe is a democracy. Last example, european where not consulted about the opportunity to go from 15 to 25, despite the fact it change a lot of power relations.

      And I don't even want to begin to speak about one of the worst aspect, the fact that national parliament become registration chambers for implementing in local law distant decisions, without taking the time to discuss them, and without power to reject them completly.

      It is very clear in the case of IP laws, where lobbyist are far more powerful than citizens, and even states, to orient the politic.

      Now, as for socialism, a certain amount of it, in the form of universal health care, social security... is part of european culture. But it will not survive if Europe stay all about economy, as now.

      So, that was what an european see in European Union. I think a lot of other don't see anything, being too much occupied by reality TV.

  11. Re:The Worm Turns... by nomadic · · Score: 2, Insightful

    Funny, but people around here have been complaining about the laws our government imposes on other countries for years. And the term is American, not USian--using the latter just makes you sound foolish.

  12. What's the problem here? by LostCluster · · Score: 3, Interesting

    This really doesn't sound like that bad of a bad thing...

    - If you're selling Nazi-era items on eBay, you might as well just put "Offer void in Germany and where prohibited by law, bids from such places will be disqualified." in your description. You just can't sell that kind of stuff to Germany, so don't even try.
    - The encryption keys issue sounds fair to me. If you have the keys to an encrypted file and you refuse to decode it and a judge issues a warrant for that data, you have to turn it over or pay the penality for obstructing an investigation.
    - The NMAP issue seems like one of FUD to me. The word "hacking" is nowhere in the actual text of the document. Of course, Slashdot would run a story that debates a treaty with a link to the treaty language itself because we reject all government actions without even needing to read what they're proposing. :)

    1. Re:What's the problem here? by SirCrashALot · · Score: 2, Informative

      The encryption key issue is already covered by subpoena laws. Why should people pre-emptyively surrender their keys. Why should the government have access to my files without any suspiscion nor complaint of wrongdoing on my part. It's the "I haven't done anything so there is nothing to hide" part that is frightening. People don't mind having their rights taken because they feel that they have nothing to hide. But as this becomes precedent we lose more and more rights.

    2. Re:What's the problem here? by realdpk · · Score: 5, Interesting

      "If you have the keys to an encrypted file and you refuse to decode it and a judge issues a warrant for that data"

      That amounts to being asked to incriminate oneself. They'd only *need* to ask for that if they didn't have enough evidence against you to convict you.

      Besides, keys really do get lost. I have some encrypted files from a machine which I forgot to back up, so I don't have the private key any longer. My bad, sure, but should I really go to jail for it? There's nothing in those files that would work against me, but they don't know that. I don't think it is appropriate for them to be able to jail me until I prove that I'm innocent.

      "The NMAP issue seems like one of FUD to me. The word "hacking" is nowhere in the actual text of the document."

      Er, check out this text, Article 2:

      Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, the access to the whole or any part of a computer system without right. A Party may require that the offence be committed by infringing security measures, with the intent of obtaining computer data or other dishonest intent, or in relation to a computer system that is connected to another computer system.

      I've bolded the significant part. They're saying that the laws can be constructed such that you can be punished for "infringing security measures" "in relation to a computer system that is connected to another computer system". Since the latter is basic networking, and is the basic building block of the Internet, and "infringing security measures" could mean trying to connect to a firewalled port (or successfully, accidentally getting through a firewall because of a misconfiguration), nmapping could count.

      This is bad news. There's not enough protections in the treaty to prevent abuse by the government.

    3. Re:What's the problem here? by LostCluster · · Score: 4, Funny

      Guess I underestimated the number of /. readers who comment without reading the original story.

      Never underestimate the number of /. readers who comment without reading the original story.

    4. Re:What's the problem here? by Simple-Simmian · · Score: 2, Informative

      You can't be forced to tell them where the money/body/records are buried or how to get them either.

      --
      If you don't like what I write don't be a CS and mod it down. Refute it.
      Yea I can't spell. So what is your point?
  13. hacking tools by quelrods · · Score: 4, Informative

    If one is arrested under any charge and found to have tone dialers, packet sniffers, port scanners, etc. one can be found to be in posession of "hacking devices." (This has happend in the past to Bernie S and others.) Essentially the government has no real evidence of any crime and uses it as a catch-all or as a way to increase sentence time. The annoying part of this is that sysadmins use sniffers and scanners quite often as part of their job. It would appear this "treaty" is just to strengthen previous laws and help to catch those evil hackers...er um hopefully not sysadmins?

    --
    :(){ :|:&};:
    1. Re:hacking tools by LostCluster · · Score: 2, Informative

      Here's the text of the treaty.

      Please cite the section that makes it criminal to posess a "hacking device".

  14. emigration.. by lordsilence · · Score: 2, Insightful

    In the past people immigrated to the country of the free (USA) to gain true freedom, democracy and basic human rights. When those rights have been removed to increase the profit of corporation US. Will people move to Norway? No EU, no cyber treaty and they've also got their own oil! What else is there to ask for?

    1. Re:emigration.. by Geek+of+Tech · · Score: 2, Funny
      >> warm weather and daylight in winter?

      What kind of a geek are you, worrying about if a place has daylight? Tsk, tsk, tsk.....

      --
      Stop the Slashdot effect! Don't read the articles!
  15. I, for one, welcome… by Anonymous Coward · · Score: 2, Funny

    ...our new French overlords.

  16. The threat posed by treaties by mariox19 · · Score: 5, Insightful

    It seems that this whole notion of using treaties for anything other than marking out jurisdiction over the lands and seas, or codifying who gets what at the end of a war is a huge threat to a nation's sovereignty, and, in a democratic country, the ultimate sovereignty of a country's citizenry.

    The Kyoto treaty, NAFTA, and all other economic treaties are ways of sneaking in through the back door (in the United States) laws that would never be passed through legitimate means. The House of Representatives is totally left out of the loop, bypassing our most democratically representative body.

    Now, apart from economic treaties, the U.S. will play handmaiden to the enforcement of foreign criminal statutes (while other countries do likewise).

    This is bullshit!

    Politicians are at a loss to know what to do in the face of a world rapidly being transformed by technology, and international communication and commerce; but, in an effort at being seen as "doing something about the problems of today's world" are rushing to pass laws, the consequences of which can neither be foreseen nor easily undone.

    And we're the ones who are going to have to live with it.

    --

    quiquid id est, timeo puellas et oscula dantes.

    1. Re:The threat posed by treaties by ducomputergeek · · Score: 2, Informative
      First of the, the House has always been out of the loop when it comes to treaties. How it has been since day 1. Number 2, the Sentate was largely an appointed position up until the last 100 years or so. State Houses typically choose the senator, not the people.

      While the House was meant to be a represenative body of the people, the Senate was supposed to be made up of elder statesmen and professional politions. Good, bad, indifferent, that was the way things were set up.

      --
      "The problem with socialism is eventually you run out of other people's money" - Thatcher.
    2. Re:The threat posed by treaties by mariox19 · · Score: 2, Informative

      You're absolutely right, but I think the understanding of the proper scope of treaties was much more limited until at least we were well into the 20th century. That's what I have a problem with: the increase in scope.

      --

      quiquid id est, timeo puellas et oscula dantes.

    3. Re:The threat posed by treaties by nomadic · · Score: 2, Informative

      However, a treaty cannot create a US law. It can create a promise to pass a law... but most of these treaties say nothing about what happens if we break the treaty and don't pass the law as promised.

      No, a treaty automatically becomes law when it is ratified. The only exceptions occur when the treaty language itself explicitly states otherwise.

    4. Re:The threat posed by treaties by KarmaMB84 · · Score: 4, Insightful

      What he means is that the treaty promises that the US will pass laws to enforce its provisions. The question is what happens if the House refuses to pass such laws. I imagine that if the Senate and President somehow *force* laws through that the whole treaty may be effectively struck down by the Supreme Court on grounds that the President and Senate don't have the right to sign away the House's role in lawmaking or the Constitutional rights of citizens.

    5. Re:The threat posed by treaties by beakburke · · Score: 2, Insightful

      Question, why us the US, or any other country for that matter obligated to sign a treaty just because YOU think it's such a good idea? That's why treaties have to be signed and ratified before they have force of law in the US. I'm sure I can come up with a list of treaties that Canada or the UK or France or.... haven't signed too. But that's not the point. The point is that a country has the perogative not to sign a treaty if they don't want to. Otherwise why sign them, why not just have the UN dictate terms to everyone, see how simple that would be. But of course I don't think you'd like that result. Never give your best friend a power you would never want your worst enemy to have.

      --
      ----- Question authority, but not ours. Hate the man, but we're not him.
  17. The Silver-Lining Is... by Anonymous Coward · · Score: 2, Insightful

    ...that all those arch conservatives who berate the anti-Bush faction here at Slashdot still believe -- as all supporters of repressive laws do -- that it won't apply to them!

    They always seem to assume that they'll be issued with an I Voted for GWB windshield sticker, which will get them saluted through the random police roadblocks and checkpoints, and they'll be given some amazing new technology which will mark their network packets as One of Us: Do Not Sniff...

    I can't wait to see their faces when they are standing naked in line next to the rest of us awaiting the body cavity search...

  18. Death Penalty by Mistlefoot · · Score: 5, Interesting

    In Canada, where we don't have the death penalty, we have used this same logic. How can we send a person to the US to possibly suffer a punishment that we don't feel is just?

    The US government is being consistent on this. Their arguement tends to be - you committed (or possibly) a crime in a particular country and you should follow that countries rules.

    I am not sure I totally agree with this. And it is certainly open to abuse. But so are lots of recent US laws.

  19. Link to the story by Wooky_linuxer · · Score: 3, Informative

    is here

    --
    Where is that guy who'd die defending what I had to say when I need him?
  20. Re:Circumvention of the Constitution? by erroneus · · Score: 5, Insightful

    Okay, for one, at the whim of another government you can now have your privacy invaded due to suspicion of a crime that isn't even a crime in this country. This is giving up our right to due process, the right to illegal search and seizure and probably other stuff I haven't thought of yet. Next it puts people we don't pay or elect in control of our interests.

    I don't think our lawmakers and governing folk have the right to sign away our rights via international treaty like that.

  21. Rights by Anonymous Coward · · Score: 2, Interesting

    Most of Europe has NEVER been free; hence the waves of emmigration two centuries ago to the new world; in the US there is much theoretical freedom, much of which is VERY well protected by the Constitution; the problem is with the legal system which makes these rights (a) difficult to enforce against the government and, (b) slow and uncertain to enforce for all, see all the IANAL jokes. The remedy, in the US, is in your own hands and at the ballot box.

  22. "hacking tools"? by panxerox · · Score: 4, Insightful

    um since most "hacking" is done via phone (social attack). do we have to get rid of phones?

    --
    "It's so convenient to have a system where everyone is a criminal" - A. Hitler
  23. bad standards by spiritraveller · · Score: 4, Insightful
    Bush refused to sign the treaty for the International Criminal Court, because he can't stand the hypothetical possibility of our soldiers being prosecuted for war crimes.

    But when it comes to the privacy and free speech rights of American civilians, he could give a shit. Say, why do we have soldiers again?

    Funny me, I always thought it was to protect our Freedoms(tm).

    1. Re:bad standards by mrBoB · · Score: 4, Insightful

      First of all, mod this guy up. Second of all, the problem with Bush on "cybercrime" is basically the same as every other politician... he doesn't have any competant advisors advising him on the subject. (I'd further argue that none of his advisors on any topic are competant, but that belongs in another forum ;-) )

      You're quite right regarding the ICC. Basically he cannot see that his issue with the ICC is exactly the same as his issue _should_ be with this cybercrime treaty. If an American is not breaking the laws of the United States, why should he be held to another country's, perhaps, lower standards?

      I'm not saying that the U.S. Gov't shouldn't help arrest a an American bank fraud for the French... But I am saying that a Chinese defector seeking political asylum and citizenship in America shouldn't have to worry about China asking for the U.S.'s help in bringing him back.

      This arguement basically gets down to the "dual criminality" provision the DoJ says is missing. If it were me drafting/revising the treaty, I'd put that in there. As an American, I would not want an _INTERNATIONAL_ treaty relegating my Constitutional protections to a _clause_!

      At the same time, we geeks still need to deal with our individual congressmen and senators to remove the Big Brother provisions strewn about in our U.S. Code. Why should decent, law-abiding Americans even have the worry of foreign, or our own government, sticking their proverbial noses in our affairs? Must every means of criminal investigation be codified? The FBI should _not_ have blanket access to any ISP's infrastructure where they can (for lack of a better term) etherape an entire ISP's clientele... There _must_ be a technical way, as well as legal restrictions, on how law enforcement may collect information for investigations.

      As usual... my 0.02
      -Robert

    2. Re:bad standards by BCoates · · Score: 2, Informative

      Bush refused to sign the treaty for the International Criminal Court

      Clinton signed the ICC treaty. There is no chance in hell that it will pass the Senate, and he didn't even try. Bush wasn't interested in getting it passed either, and withdrew from the unratified treaty.

    3. Re:bad standards by demachina · · Score: 3, Insightful

      To be honest I can't really stomach America or the average American, American bars or bowling alleys anymore. I was living in Canada for the longest time, should have stayed there. Gotta move out of the U.S. soon. The pubs in Canada are wonderful, friendly places full of friendly unpretentious people for the most part as long as you don't make it obvious you're American. They really seem to dislike Americans for the most part though they are such nice people on average, they are even nice to them. It is a national sport to cheat American's given the opportunity. The nearly universal synonym for Americans...arrogant, dumb and arrogant which is a bad combination.

      Its just something about the American way that rings hollow as you get older and more aware of the way the world really is. Go to the bowling alley, down some beers, get drunk, do your best to remain ignorant about the screwed up mess your country is. Pretend your country is a saint, defending "Freedom and Democracy" around the world, never does anything wrong. As long as you've got yours screw the world. Kill all the ragheads, they are barely human anyway. Camel jockeys. American's are just well superior, civilized. Denial.

      That would be an OK approach for you to take as far as I'm concerned, if America just screwed up itself but unfortunately its screwing up the rest of the world too.

      Maybe you should try traveling a little, and I don't mean going to a resort hotel in the tropics. Try meeting some real people in the rest of the world. especially some that have been on the losing end of America's goodwill, unfortunately they don't always live in the premium vacation spots. Maybe you should try Haiti, its tropical at least.

      If you were to travel the world today I think you might find more people hate you than like you just because you're American. They really hate George W. Bush, but they pretty much have to hate you to because your letting him trample the world while your getting drunk at the bowling alley, pretending everything is wonderful in the world and cheering him on.

      Maybe you should join the Marines and do your part, kill some ragheads?

      --
      @de_machina
  24. Found it by spellraiser · · Score: 3, Insightful

    Please cite the section that makes it criminal to posess a "hacking device".

    This seems to fit the bill:

    [Begin Quote]

    Article 6 - Misuse of devices

    1. Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right:

    a. the production, sale, procurement for use, import, distribution or otherwise making available of:

    1. a device, including a computer program, designed or adapted primarily for the purpose of committing any of the offences established in accordance with Article 2 - 5;

    2. a computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offences established in Articles 2 - 5; and

    b. the possession of an item referred to in paragraphs (a)(1) or (2) above, with intent that it be used for the purpose of committing any of the offences established in Articles 2 - 5. A Party may require by law that a number of such items be possessed before criminal liability attaches.

    [End Quote]

    Note that this also applies to passwords and other data. Interesting.

    --
    I hear there's rumors on the Slashdots
    1. Re:Found it by LostCluster · · Score: 2, Insightful

      1. a device, including a computer program, designed or adapted primarily for the purpose of committing any of the offences established in accordance with Article 2 - 5;

      2. a computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offences established in Articles 2 - 5; and


      Hmm... that doesn't say "Hacking"... "the offences established in Articles 2 - 5". What are those?

      Article 2 - Illegal access
      Article 3 - Illegal interception
      Article 4 - Data interference
      Article 5 - System interference

      Those are four nicely defined crimes that should be criminal. That's not quite all of hacking...

    2. Re:Found it by spellraiser · · Score: 2, Insightful

      Ah yes, I see what you mean now.

      Your beef is that people are confusing hacking with cracking yet again. I myself have developed an instinctive reaction to this phenomenon, which is simply to unconciously translate their 'hacking' into my 'cracking'

      So, it doesn't bother me so much anymore. But now that you've said it, it's a perfectly valid point, and one that is too often forgotten. Everyone write this 100 times on the board now:

      Hacking != cracking

      --
      I hear there's rumors on the Slashdots
    3. Re:Found it by Valar · · Score: 2, Insightful

      Thank you, I was about the post that :) It looks like this is another one of those cases of the /. community getting irrationally exuberant about a document before they have even read it and/or applied basically reading comprehension skills.

  25. Re:Circumvention of the Constitution? by Mskpath3 · · Score: 2, Interesting
    You'll have to pardon me while I stifle a smug chuckle here.

    What's your stance on Campaign Finance Reform?

    What's your stance on the gun control?

    What's your stance on the judicial activities which recently overrode state law to grant gay marriage licenses?

    If you answered "I'm all for them!" to any of these questions, you have been party to the constant, deliberate erosion of Constitutional rights for the better part of 3 decades. So now you know what it feels like to have someone actively and deliberately trying to turn you into a felon tomorrow, where you weren't one today. And doing so under the guise of 'it's what's best for you'.

    Welcome to the world of the libertarian and the conservative.

  26. RTFA folks by Professor+Cool+Linux · · Score: 2, Informative

    look like our "Free speech" still stands...

    "Betty Shave, who heads the Justice Department's international computer crime division, admitted that the treaty mostly lacks so-called "duel criminality" provisions, but she countered that other language in the pact would prevent abuses. One clause in the treaty allows a country to refuse to cooperate in an investigation if its "essential interests" are threatened by the request: Shave says that would allow the U.S. to bow out of a probe targeting free speech or other actions protected by the U.S. Constitution. Moreover, political offenses are specifically excluded from some types of mutual assistance requests available under the treaty."

    Lets just hope our polititions & lawyers, use that wisely... one can only hope...

    1. Re:RTFA folks by JayBlalock · · Score: 2, Insightful
      Bull$hit. "Essential Interests" is a term which is so broad as to be completely meaningless. It's a catch-all which basically means all the governments can selectively turn down whatever requests happen to catch their fancy, but lays down no requirement or codified standards which are used to make that assessment.

      And beyond that, I REALLY have to ask, are you actually so naive as to believe anything a government spokesperson says on the subject of a law which will increase the government's power?

      The spider isn't going to mention how sticky her web is either...

      --
      Bush: He's Liberal in all the wrong ways.
  27. Horrible metaphor by The+Rizz · · Score: 5, Insightful
    If I'm standing across the mexican border, and you are on the US side, and I take you out with a high-powered rifle...
    [...]
    I have broken no US laws, right? Because I wasn't in the US at the time?

    This is an inappropriate metaphor for two reasons:

    1) This story is talking about something that is a "crime" in only one of the two places involved. Murder is a crime in both the US and Mexico.
    2) The death ocurred in the US, even if you fired the gun in Mexico. Even if murder wasn't illegal in Mexico, the US would definitely charge you if it could get its hands on you, since the target was on US soil.

    A better metaphor for the argument at hand would be:
    I go to Amsterdam and buy some marijuana in a store (legally). I come back to the US and get busted for posession (of the pot I bought in Amsterdam). When interrogated as to who my dealer is, I give them the name of the guy who runs the pot bar in Amsterdam.
    USA charges guy in Amsterdam with a crime. Does the Amsterdam police force make an arrest and extradite the shop owner?

    --The Rizz

    "Researchers have discovered that chocolate produces some of the same reactions in the brain as marijuana. The researchers also discovered other similarities between the two, but can't remember what they are." --Matt Lauer

    1. Re:Horrible metaphor by Paul+Jakma · · Score: 2, Interesting

      I go to Amsterdam and buy some marijuana in a store (legally)

      Unless the situation's changed recently, no you would not have bought that pot legally. You simply won't be prosecuted for possession of (small) amounts of marijuana. Nor will the coffee shop owner be prosecuted for distribution and/or possession, provided he doesnt stock too much and keeps within other guidelines, set by the city council - on whose behalf cases are prosecuted.

      Marijuana though is (last i checked) a prohibited (illegal) substance in the NL. If you are involved in cultivation, distribution and/or sale of large enough amounts of it to attract interest of the state police, you will get in trouble and be prosecuted by the state. Note also that you will probably be prosecuted (or at least warned that you will be prosecuted if you do not desist) if you were to regularly, from an establishment, sell even small amounts of marijuana in many other cities and towns in the Netherlands whose councils do not take as liberal a view as the Amsterdam (and other big cities/towns) city council.

      Ie, marijuana is illegal in the Netherlands, it is simply that some councils (and now the state too) will not bother to prosecute small-time users and sellers of it, instead they tolerate it.

      On the other hand, the United Kingdom, iirc, has been considering delisting marijuana as a controlled class A substance, to list it as class B instead, which in effect would legalise it.

      --
      I use Friend/Foe + mod-point modifiers as a karma/reputation system.
  28. Abuse Prevention my ass by Ender77 · · Score: 2, Insightful

    Betty Shave, who heads the Justice Department's international computer crime division, admitted that the treaty mostly lacks so-called "duel criminality" provisions, but she countered that other language in the pact would prevent abuses. One clause in the treaty allows a country to refuse to cooperate in an investigation if its "essential interests" are threatened by the request: Shave says that would allow the U.S. to bow out of a probe targeting free speech or other actions protected by the U.S. Constitution. Moreover, political offenses are specifically excluded from some types of mutual assistance requests available under the treaty.

    Basically it is saying that the only way they would lift a finger to stop a foreign country from grabing you is if you are someone important. Unfortunetely most of us don't fit that catagory.

  29. Won't stand up to a court challenge. by fmaxwell · · Score: 5, Informative

    Requiring that someone provide encryption keys would likely be construed as a violation of a U.S. citizen's Fifth Amendment rights: "nor shall be compelled in any criminal case to be a witness against himself." If the hard drive had incriminating evidence of ANY crime on it, then the person would be within their Constitutional rights to refuse to provide the encryption keys to access the data.

    From a practical standpoint, "I can't recall" is a very effective three words sentence in such a case. It's not like any of us can honestly say that we've never forgotten a password or encryption key, so the prosecution would be hard-pressed to convince a judge and jury that such a claim is preposterous.

    1. Re:Won't stand up to a court challenge. by westlake · · Score: 3, Informative
      From a practical standpoint, "I can't recall" is a very effective three words sentence in such a case.

      You will be expected to release the keys after a judge issues a warrant for a search of your computer. Saying "I can't recall" will earn you an interminate stay in the county jug until your memory improves dramatically.

      The privelege against self-incrimination can be invoked only during interrogation and at trial. It is the first line of defense against the use of torture or intimidation to achieve a conviction. But it does not protect you from bring compelled to provide fingerprint and DNA samples, surrender your private correspondence, account books and ledgers, etc.

    2. Re:Won't stand up to a court challenge. by tftp · · Score: 2, Interesting
      Saying "I can't recall" will earn you an interminate stay in the county jug until your memory improves dramatically.

      It worked for Reagan, though, and it is possible that he wasn't lying then.

      In fact, it is absolutely feasible to forget a long passphrase, especially if you claim that the data is an old archive of obsolete financial records or projections, for example.

      I can't see anyone being thrown in jail for inability to remember something that they were never required to remember:

      "Yes, the password is so long it was written on a piece of paper, but the paper got lost years ago... I kept the archive because the HDD is large, and on odd chance that the paper will surface one day..."

      What do you do then, if the person does not even claim that he ever remembered the passphrase? What exactly would the state accuse him of?

    3. Re:Won't stand up to a court challenge. by fmaxwell · · Score: 3, Interesting

      Saying "I can't recall" will earn you an interminate stay in the county jug until your memory improves dramatically.

      Absolutely untrue. Witnesses are often unable to recall things. How long did Reagan end up in jail for his inability to recall facts about what happened during Iran-Contra? Are you telling me that you've never forgotten a password, encryption key, or PIN? They can't jail people for not being able to remember things. That's the very kind of torture and intimidation to which you allude in your own posting.

      The privelege against self-incrimination can be invoked only during interrogation and at trial.

      When the police are shining a bright light in your eyes and asking what the encryption key is to your hard drive, what is that, if not an interrogation? Have you heard of Miranda rights? The very first one is the right to remain silent. The Fifth Amendment is not limited solely to interrogations and trials in which you are a defendent. A judge cannot force you to testify against yourself in a pre-trial hearing, can he? If you witnessed bank robbery, the court cannot compel you to reveal that you were buying heroin when you saw it -- even though you are not the one on trial.

      But it does not protect you from bring compelled to provide fingerprint and DNA samples, surrender your private correspondence, account books and ledgers, etc.

      Physical evidence is not the same as testimony. The courts can make you turn over your hard drive, but they can't make you reveal them the encryption key. They can make you turn over your personal correspondence, but they cannot make you translate it into English for them.

      If you EVER get arrested, detained, questioned, etc., do yourself a huge favor and get an attorney before saying anything. Remember, YANAL.

    4. Re:Won't stand up to a court challenge. by fmaxwell · · Score: 2, Informative

      Regarding fifth-amendment rights: one cannot be compelled to provide self-incriminating evidence, but one may be compelled to provide evidence against someone else, so the attack would go down something like this:

      That's a common misconception. The only way that they could compel you to provide self-incriminating evidence would be for them to give you immunity from prosecution. If someone witnessed a hit-and-run while soliciting a prostitute, they would have a Fifth Amendment right to refuse to testify as to why they were in the area.

      FBI believes person A committed crime (or otherwise wants information on person A). FBI accuses person B of being an accessory to said crime and subpoenas all of person A's evidence related to person B. Since person A has encrypted files which might reasonably contain details on the "crime" that B committed, the FBI can reasonably subpoena A's encryption keys.

      No, no, no! The FBI cannot make any person provide testimony which would be self-incriminating. If person A has been trading kiddie porn on Kazaa, they cannot make person B turn over the encryption key to the ZIP file that contains all of the kiddie porn he downloaded from person A.

    5. Re:Won't stand up to a court challenge. by theLOUDroom · · Score: 2, Informative

      The FBI cannot make any person provide testimony which would be self-incriminating. If person A has been trading kiddie porn on Kazaa, they cannot make person B turn over the encryption key to the ZIP file that contains all of the kiddie porn he downloaded from person A.

      Can you cite any relevant laws or cases?

      The cryptonomicon FAQ states that this issue is still undecided. (see 10.3.4) Although I believe that page is quite old.

      There seem to be a lot of issues here. My current understanding is that you should not expect to keep you encryption key secret.
      This is mainly because a judge might hold you in contemp of court indefinately, until you gave them your key.

      There seems to be a discussion of this very subject in Risks digest as well.

      So far the only info I've ever heard on the subject is mere speculation.

      Here's another discussion of the topic on the Rubberhose website (an encryotion scheme which offers deniable encryption).
      It's by far the best discussion of the subject I've seen, but even this (with its 159 footnotes) refuses to make a conclusive judgement on the topic. It states what the courts "should" do, but wouldn't do me much good in a jail cell. It's seems like the privacy of your crypto key is quite debatable.

      IANAL, but I am quite interested in this topic, and AFAIK the issue is still up in the air.

      --
      Life is too short to proofread.
  30. Facists? by JessLeah · · Score: 4, Funny

    Is that someone who discriminates against people on the basis of their face?

  31. Of course the US wants this... by Deraj+DeZine · · Score: 2, Interesting

    ... but what are the Europeans thinking?

    Sure, some Americans might have their rights side-stepped by Germany, but the US could use all of its crazy IP laws to prevent any European company from developing things like "method for clearing memory storage space ('memory') by filling said space with null digits ('zeroes')" and a multitude of common knowledge pieces of software covered by ridiculous patents.

    --
    True story.
  32. Re:Circumvention of the Constitution? by LordK3nn3th · · Score: 2, Insightful

    Uhm, how is "gun control" and "campaign finance reform" libertarian? That's the exact opposite of the libertarian stance.

    Oh, and gay marriage should not be illegal. Wanna talk about unconstitutional...?

    Or am I misunderstanding your post?

    --

    ---
    Never criticize religion on Slashdot. You will be modded down for "Troll" no matter how factual it is.
  33. Ok, first, READ it. by Valar · · Score: 4, Informative

    I've looked through this treaty, and it appears that the only explicit mention of encryption is that each participating country must ensure that if they have encryption keys needed to help another participating country, they should hand them over (i.e. Country A got Mr. Baddy's RSA key during an investigation and he is being tried in Country B for another offense. Country A should give the key to Country B to help them). Presumably, the key must be obtained by legal means in country A before it can be given to country B. They also mention that encryption should be used, if necessary, to ensure secure communications between the governments... I would hope this is the case anyway.

    This treaty doesn't expand the definition of computer crime really. All it is is a promise between countries that if someone commits a crime in another participating country, the other countries will turn over the criminal. To me, this makes perfect sense-- think about it. If someone from a european nation stole your credit card information, for example, you would want them to be accountable for their damages, even if you were an american, right?

  34. Hiding the Encryption Keys by Rick.C · · Score: 2, Insightful
    What if there were a way to combine your critical plaintext with some other unimportant plaintext in a way that you could have two keys. One key would decrypt the cyphertext to yield the real plaintext. The other key would decrypt the same cyphertext to yield the decoy plaintext.

    When big brother denies your fifth amendment rights against self-incrimination and demands the key or you rot in prison, hand over the key that decrypts the decoy text and say, "See. It was just some stupid email about my car."

    Of course you'd have to encrypt everything to be consistent, but that's not really a bad idea anyway.
    --
    You were 80% angel, 10% demon. The rest was hard to explain. - Over The Rhine
    "Math in a song is good."-Linford
    1. Re:Hiding the Encryption Keys by shiftless · · Score: 2, Informative

      There is a program called BestCrypt for Windows that I like. You create an encrypted "container" of any size. You can mount this contained as a virtual drive and use it as such.

      One neat feature is the ability to create a "hidden compartment" so to speak. Once the container is open, you hit a special key combination and it asks for a password. The hidden compartment is hidden as noise in the container and the program has no idea it's even there until you enter the correct password, which it then puts through some sort of encryption algorithm and compares to the container file to find any hidden compartment.

      Neat stuff! Just store a bunch of useless crap in the main part of your container and hide the real goods in the hidden compartment. Unless somebody knows the password and knows how to access it (its a special key combination, with no visible buttons, and just a brief mention in the help file), there's no way to even know the secret compartment exists.

  35. Clever minded law... by Maljin+Jolt · · Score: 3, Insightful

    prohibiting the "production, sale or distribution of hacking tools"

    So they are about to ban all computers, eh?

    Due to lack of math education, lawyers and authorities simply cannot understand what an universal computation machine is, a math abstraction. So they really want to outlaw a class of abstract algorithms. I would call that idiocy, but I wan't be moderated down troll so I call it ignorancy.

    So at the 2024 we who keep around all open source packages ever touched, will be all using Quake 13's "scanning mod" feature instead of illegal nmap...

    If it goes really, really wrong with the law, we can always implement a Turing machine with cells represented by file names of silly word documents in a single directory. Written in shell or cmd, it could still be faster than mainframes were 30 years ago.
    With that, say HOW one can distinguish DATA from CODE, if one cannot grasp the semantics?

    Or example for an underground network: today's sending a tcp packet would be equivalent of emailing little stego message perfectly fitted with up-to-day security content check standards. TCP over email on broadband will be faster then modems we had 10 years ago.

    There is only way out: Force authorities to make world a better place for living, not for doing bussinesses only.

    --
    There you are, staring at me again.
  36. Hypothetical Legal Question by c0dedude · · Score: 2, Interesting

    If one had a safe, and said safe was completely uncrackable, and there was a good likelyhood that the critical piece of evidence to a crime was inside it, could the owner of the safe be forced to divulge the combination? This is how I envision encryption keys. Honestly, under the fifth amendment, I'm not sure.

    If this were passed, would countries that don't have annoying 4th and 5th amendments be able to force Americans to divulge their keys or risk extradition?

    --
    Since when has this country used intellectual elite as a pejorative term?
  37. Encryption Keys? by Esion+Modnar · · Score: 3, Interesting
    The poster seems to imply that somebody will be making the rounds (probably around 3am, in jack-boots) demanding all our encryption keys, whether we're under indictment or not, for breach of an American law, or not. Just to have them. Just in case they need them.

    Well, they might as well round up all our guns at the same time, give us identity chips for our own "security," officially revoke the Bill of Rights, and set up a UN shrine with mandatory attendance, so there will be no more doubt to anyone what they're all about.

    Then all the crazies can retreat to the hills with their shotguns and claymores, and finally have that Armageddon they've been waiting for.

    I'm not saying that this WILL happen this way, since I think that the powers-that-be are way too subtle for that. They know all too well that a frog will jump out of boiling water, but will allow itself to be cooked if done so gradually.

    --

    They say the first thing to go is your penis. Well, it's either that or your brain. I forget which...
  38. Re:Circumvention of the Constitution? by Mskpath3 · · Score: 2, Interesting
    Did you read the whole comment? I suggested that people who support such measures (clear circumvention of the Constitution and BOR) have been doing the same end-run around our rights as this particular bill proposes. All under the asupices of 'well it doesn't affect ME' and 'well, it's for the better of society'.

    In the case of CFR - an utter violation of the 1st amendment. Not only does it limit speech, it limits the single most important type of speech - political.

    Gun control - despite reams and reams of intensely clear writings by the founding fathers, and the clear English reading of the 2nd amendment, we have judges and legislatures turning gun owners into felons everywhere.

    In the case of gay marriage - judges overriding WRITTEN LAWS to suit their own political bent is judicial activism. This is explicitly uncontitutional, and was a hugely important issue to the old Federalists (heck, Jefferson too).

    We are not a democracy. We are a Constitutional Republic. And the particular beauty of our constitution is that it works 2 ways. It protects the majority from tyrannizing the minority and it protects the minority from tyrannizing the majority. The above are examples of simply saying 'Eh, in this case, who cares?' and it's been going on for decades.

    This particular instance comes as no surprise to those who are familiar with people willing to sign away their rights. Perhaps it'll do some good and wake up the 'UN RULES!' crowd. :/

  39. The interesting aspect... by freejung · · Score: 2, Interesting

    of this is not so much what it allows other governments to do to US citizens, which will probably not end up amounting to much in a any case (can you imagine, for instance, the US cooperating with the Chinese govt on prosecution, if the Chinese were to sign this treaty? No way). The interesting aspect of this is that it will strengthen the powers of the US to conduct surveillance on non-US citizens in other countries which have signed the treaty. This, of course, is the reason Dubya wants it ratified.

  40. National Sovereignity Uber-Alles! by tilleyrw · · Score: 2, Interesting

    The summary of the subject has been enough to inspire a response before I know anything about the subject.

    Unless physical harm or theft occurs, nations should ignore "crimes" that occur in other countries. Regardless of explanation, this will doubtless open me to flaming so please pause a moment while I don my asbestos underwear.

    Germany's "anti-Nazi" laws are a source of humor to rest of the world as a sign of being unable to admit their history. Get over it.

    Every country has stupid, foolish, dated, retarded, outdated laws on their books. Do you want to be held to the social standards of Mozambique? Do you want the narrow-minded laws of France to be a community standard? What about the many laws of American books regarding outdated sexual customs? (Oral sex is actually a crime in many places!?)

    This post has rapidly deteriorated from the cerebral imagings with which I began. Flame on.

    --
    This post encoded with ROT26. If you can read it, you've violated the DMCA. Handcuffs please, sergeant.
  41. Civics lesson for AC by mariox19 · · Score: 2, Informative

    Right, the Senate passes treaties -- my whole point exactly.

    The Senate is designed to be somewhat insulated from the vagaries of popular opinion: they are up for election only once every six years. Moreover, as a body of only 100 members, they are supposed to be able to act more decisively.

    The House, by contrast, is made up of many more members, each of which is up for election every two years. By design, the House is supposed to be more representative.

    Together, the House is supposed to represent popular opinion, and the Senate is supposed to cool the passions of the masses; together, along with the President, laws are passed -- in theory, at least, balanced laws.

    Treaties, by contrast, are ratified by the Senate after being presented by the President. The House is left totally out of the loop. As treaties enjoy the full force of law, this creates a tendency for more elitist, less populist laws.

    Now, because you had to start with your "who modded this idiot up" nonsense, I have had to give you a lesson in U.S. government -- so much so that I myself would be tempted to mod this whole thread down as a "troll."

    Think before you shoot that idiot mouth of yours off, next time.

    --

    quiquid id est, timeo puellas et oscula dantes.

  42. Bricker Amendment by XanC · · Score: 2, Informative
    This is what the Bricker Amendment, first proposed in 1953, would solve.

    The main points are:
    1. A provision of a treaty, which conflicts with this Constitution, shall not be of any force or effect.
    2. A treaty shall become effective as internal law in the United States only through legislation, which would be valid in the absence of a treaty.

    Click for more details.

  43. Re:Insightful my ass by mariox19 · · Score: 2, Insightful

    Would you care to elaborate? Someone might just dismiss your comment as the knee-jerk reaction of an "anti-Amercian, tree-hugging environmentalist" upset over being reminded that his cause celebre (the Kyoto treaty) was shot down in this country over these very same concerns of sovereignty.

    There's "loonies" on every side of the political spectrum, you know.

    --

    quiquid id est, timeo puellas et oscula dantes.

  44. Re:Circumvention of the Constitution? by NoMaster · · Score: 2
    Okay, for one, at the whim of another government you can now have your privacy invaded due to suspicion of a crime that isn't even a crime in this country. This is giving up our right to due process, the right to illegal search and seizure and probably other stuff I haven't thought of yet. Next it puts people we don't pay or elect in control of our interests.
    As a non-American, I have just one thing to say:

    Welcome to the rest of the world.

    If you don't like that sentiment, think of the Europeans and Australians held in Cuba by Americans because of actions in Afghanistan. How's it taste to eat your own dogfood?
    --
    What part of "a well regulated militia" do you not understand?
  45. Re:Nazi posters on Ebay by mrBoB · · Score: 2, Interesting

    I think what Timothy was getting at was the criminality of a _German_ purchasing a Nazi poster should not be imposed upon an _American_. I can't imagine that the German government would waste time trying to prosecute an American on such grounds... in that sense perhaps Timothy was using a little hyperbole.

    But let's say for arguements sake that they did. What right does the German government have to impress their mores upon American citizens? (I do not wish to argue about the capitalist, nationalist, imperialist pig-dog Americans doing that to other "poor and defenseless" nations. Any comments related as such will be ignored)

    All I'm asking for is "dual criminality" language. As I stated in one of my other comments, I do not wish to see my Constitutional protections (freedoms, call them what you will) "protected" by some itty-bitty clause. As an American, all I have is my Constitutional freedoms... I expect that my government do its damndest to _protect_ them everywhere, even at the U.N.

  46. Joe Government... by zogger · · Score: 5, Insightful

    ...has a pretty good idea where all the major nodes are, and the trunks, etc.

    With that said, I think it would be quite fair to assume that they have contingency plans that immediately before, or concurrent with a major "crack down" into fuller despotism (a real or staged-real terrorist incident, for instance), they will have enough willing "order followers" to assume physical control of those facilities. All of them. Count on it.

    And for those that say they couldn't run them even if they did, think again. They already have on the books laws that they can use to "draft" you on the spot,for specific work related duties, plus for the assumption of "ownership" of just about anything you can name, and refusing or trying to refuse becomes an automatic serious felony, and the penalities can be whatever the emergency military governor deems them to be. They can be quite severe, BTW. In such a situation it wouldn't requite too many examples to get folks back to the consoles working, and sabotage would be eventually found, leading to some more "examples", and etc.

    This government has never been shy of "collateral damage", and this government, either directly or via contracted or coerced proxies, kills people daily and has done so as far back as I can remember.

    People really need to read the homeland security act, patriot acts, and the model states health emergency act(there's more, those are crucial to grok though), the latter actually being much worse civil liberties-wise than the previous two, but much less known about or talked about.

    As a side issue, as far as I am aware of now, all commercial radio and television stations have government "take over" boxes in them, that the government can activate automatically and remotely and completely control what information is being broadcast. In short, they have the clear potential to have an almost total lock on the dissemination of information on their whim and schedule. Not 100% complete, but so close as to make the exceptions be statistically insignificant. It doesn't take much to see the abuse potential here, of course, It's sold as a public service and they "promise" to be nice guys all the time and not lie or be less than honest, etc. Really. They promise.

    uh huh

    The above article is a further refutation to those who always spout "eww, that's tin foil hat". The one step at a time, slow boiling frog approach is the technique they use for..well, coming total enslavement to be frank about it, a master/serf technofuedalistic styled society of complete surveillance and control (and exploitation) of your lives. the ancient fiuedalistic system, just with advanced technology. Quite possible, many references showing that's what they desitre broadly speaking, and the evidence shows that is the direction they are headed, ie, history is repeating itself, ni\othing new there, because humans tend to not want to learn from history, it's.... too hard, interferes with day to day life and entertainments and ordinary hassles. So, it gets ignored.

    That's their goal, and so far every step of the way that HAS been implemented has also been WARNED ABOUT in advance by people who were told they were wrong, when in fact, they have been consistently correct in this extrpolative position and series of observations and analysis."They" want a form of world government with total control over the population of the planet, and nothing less than that. It's still a ways off,not too far but a ways, but looking back 20 years and seeing how things have changed, anyone may look forward, contemplate it in the fact of a variant of "moores law" being applied to all aspects of technology and governments insatiable use of same, and see what is happening now and their bent, to make a fair assessment of what is coming.

    Failure to do so is ill advised, failure to *do something about it while you still can* is suicidal.

    1. Re:Joe Government... by ikkonoishi · · Score: 2, Funny

      OMG Run its the guberment!!

  47. conditions by Fuzzums · · Score: 3, Interesting

    example :: under certain conditions, you could consider a hammer a burglary tool.

    the problem, most of the time, is the ignorance of the ones making the law and also the ones upholding (and interpreting) it.

    now think about nmap, nessus and so on and so on...

    hell, even a computer can be seen as a tool for comitting cybercring.

    --
    Privacy is terrorism.
  48. "Force users to provide their encryption keys" by The+Master+Control+P · · Score: 2, Funny

    Oh, you want the... Well, sorry sir, but I accidently dropped the magnetic medium my one-time pad was on on top of this here supermagnet. Sorry; Hope you got a few centuries spare on a Cray. Don't scare me like that next time!


    Sorry officer, I always keep my floppies together with magnets. Oh... You mean magnets erase floppies? Oops...

  49. Don't claim misfortune, without bloody wounds. by CherniyVolk · · Score: 2, Interesting


    It always astounds me, to see people attempt to justify misfortune or undesirable circumstances. As if any ability to understand the disagreeable situation will result to it resolving your way.

    At home, watching TV, a commercial interrupts my program. As many people do, I often decide that I don't want to be bothered by such a pathetic thing and I flip the channel. If that company wants to get it's message to me, they better bust through my door, destroy my remote control and pin me to ground facing the TV and insist my life depended on my viewing and accepting the advertisement.

    When a small crowd forms outside a politicians office, or a CEOs office, well, he can't flip the channel but he can close his blinds. The problem here comes from Americans actually believing these people gives a rats ass what the public thinks. No, they don't, if noone voted a President, Senator, Congressman, Sheriff would still be put in their respective positions.

    Words, nomatter how truthful they are, are nothing more than subtle sound waves traveling through the air. But the decibels released from a hammer smashing ontop of a solid oak wood desk, now that's a little difficult to ignore. If a politician, as so many often do, flutters their blinds, tie your message to a rock; you can figure out what to do next.

    Bottom line, if your beliefs aren't so strong that you are compelled to physically protect them, then anything to the contrary is not really a problem.

    Here's the real kicker:

    When I view history, I am disgusted. The conditions everyday citizens of France endured just before the French Revolution, the horrid degrading circumstances the Germans endured just before Hitler came to power. How can people let so much go by before standing up for themselves? It's almost enough, to say those everday people deserved nothing more than to starve to death, even requesting it by nature of tolerance.

    In America, where the media has pounded pacificism into the minds of it's citizens, the tyrannical corporations and puppet so-called-democratic governments of this world is going to rape and pillage us all. And it's sickening to foresee how much farther they are likely able to go.

  50. Fifth Amendment by Karl-Friedrich+Lenz · · Score: 5, Insightful

    of the American Constitution requires that no person "shall be compelled in any criminal case to be a witness against himself."

    In a 1996 paper Greg S. Sergienko explains that in America, the Fifth Amendment would give a suspect the right to refuse handing over encryption keys.

    I agree with that analysis.

    Therefore, I think that any legislation based on Article 19 of the Cybercrime Treaty would only enable law enforcement authorities to request encryption keys from third parties who run no risk to be prosecuted themselves. Article 19 should not be constructed as requiring self-incrimination.

    1. Re:Fifth Amendment by kyoko21 · · Score: 2, Interesting

      Your analysis of the application of the Fifth Amendment I believe is correct. At least I know that is what I would do if was faced with such a dilema. :-)

  51. Then it is time. Solution to encryption key. by Famatra · · Score: 5, Insightful

    "Last time I checked, it seems the only rights you have in the U.S. are to privacy and to not be offended.
    Neither of these are guaranteed by the U.S. Constitution
    ."

    Then it is time to make it apart of the constitution. Enough with this penis-vagina anti gay people amendment no one needs, lets get a useful privacy amendment started.

    This is what I really didn't like from the summary:

    "...pass laws to force users to provide their encryption keys and the plain text of their encrypted files"

    That is insane. If someone has documents in which they would be embarrased to have shared (yes, I'm looking at your direction the pro-animal necrophilia crowd) then what business is it of government's that they have them.

    One interesting solution to having to hand over your pass keys is provided by the Phonebook Encryption Project. This program encrypts a file to have TWO keys which will decrypt into TWO different files. One key decrypts the file to reveal the beastiality porno, one key decrypts the file for pictures of barney the dinosaur :).

    Also those that say Freenet wouldn't be necessary in North America, I thought the same for the Phonebook project just yesterday. Now I am very glad both Freenet and Phonebook are here.

  52. Re:Then it is time. Solution to encryption key. by Anonymous Coward · · Score: 4, Funny
    Famatra said:
    One interesting solution to having to hand over your pass keys is provided by the Phonebook Encryption Project. This program encrypts a file to have TWO keys which will decrypt into TWO different files. One key decrypts the file to reveal the beastiality porno, one key decrypts the file for pictures of barney the dinosaur :).

    But I don't want to have to re-encrypt all of my lesbian snuff films! Oh well...stupid government. <sigh>

  53. Lets brain storm! by Anonymous Coward · · Score: 2, Insightful

    I am scared, government is going crazy.

    After (if) Kerry get's it lets get the Green party (or make our own) to fight against all this bullshit.

    Adgenda:

    -Unsign this piece of shit cyber crime treaty
    -Revoke DMCA
    -Revoke the 20 year copyright extention
    -Put copyright to 30ish years
    -Outlaw any kind of lobbying
    -Law (and amendment) to guarentee privacy

    Anything else? Brain storm here, post your ideas (use anonymous coward if you want). I'll leave a link later for other interested people.

  54. Cybercrime? How about landmines? by bettlebrox · · Score: 3, Insightful

    Funny how they'll sigh this thing, but won't agree to stop using landmines ...
    Yeah, I know they're not related but somehow cybercrime just made me think of landmines ...
    http://www.icbl.org/country/usa/

    --

    I have a very small mind and must live with it.
    -- E. Dijkstra

  55. Forums about the Treaty. by Dozix007 · · Score: 4, Informative

    I run Uberhacker.Com, a site primarily focused on PHP security. We also run a section in our Forums dedicated to Fighting the CyberCrime Treaty. Please visit the forums if you are interested in the topic, check out the forums and sign up.

  56. What thuh? by bezuwork's+friend · · Score: 3, Informative
    This treaty, among other items, would require the U.S. to "cooperate with foreign authorities" in conducting surveillance on American citizens who have committed no crime under U.S. law, but may have broken another country's law (selling historic Nazi posters on Ebay? Germany might have you wiretapped)

    No time to read the article (I'm becomming a good /.er) or most of the comments - finals and such - so I apologize if another has said this. One of the cases I read today is the one Yahoo! filed in response to the French ruling [Yahoo!, Inc. v. La Ligue Contre le Racisme et l'Antisémitisme, et al. (CA, 2001)]. It was only a Cal. case, but the court said something very basic which the feds will have trouble with: even if a person in the US does something on the internet which violates laws in another country, so long as that action is protected in the US (such as under the first amendment), US courts cannot enforce any foreign judgement.

    Since treaties are subservient to the Constitution, I think selling Nazi posters is gonna remain a US right.

  57. Picking your house lock is trivial by cgenman · · Score: 4, Informative

    You should see the equipment to get into a locked house sometime. My personal favorite is a shockwave gun that knocks the pins up and into place. There is also the freezy-heaty gun that freezes the pins in an upward position, then heats the lower pins until they fall into position. Neither of these will allow anyone to know they have been hacked. Then there are traditional lock picking techniques, which take longer. In a pinch, you can always just pound down the door with a piece of concrete, or break a window.

    They don't want a copy of your house key because they don't need your house key to get in your house. That data is not secure. Even picks for those nice, safe-looking round locks can be had for about 400 dollars. But what they can't do is break strong encryption. If you put a good system on your computer with a well-chosen key, and make sure there isn't a keylogger installed on your keyboard, or a trojan, or a camera pointed at your fingers... Well, OK, there are ways around it. But after they catch you the only way to open that data is in your head. This violates their whole "hit it with something large until it opens" strategy, so they need that key from you.

    That's why they're going for your encryption keys, but not your house keys. It's not because encryption keys aren't sacred, but because your house protection is trivial.

  58. hacking tools by pajeromanco · · Score: 2, Funny
    prohibiting the "production, sale or distribution of hacking tools"

    Oh boy, emacs will be illegal!!!!

    --
    Now I am sad.
  59. Choice is an illusion... by sadler121 · · Score: 2, Interesting

    I agree, voting doesn't matter in America. As the Merovengian tells Morpheus and crew in Reloaded, Choice is an illusion created between those with power and those with out.

    The only way out is through a type of revolution the prevailing authorities do not expect. Going by THIER laws will get you no where, you must break THIER laws to show the fundumental flaws with in THIER laws.

    Sadly, many Americans are so damned lazy, ignorant, and complaisant that as long as we feel "safe" we are willing to give away our freedom to a ever increasing goverment.

    Which reminds me of a quite, paraphrased, from Benjamin Franklen, who, when asked by a women what kind of goverment they created he said "A democracy, if you can keep it."

    We need to rid ourselves or souless corperations that have more rights than mere mortals do. Companies are not humans, they are run by humans, which means the are inherently IMperfect. To keep those imperfections to a minimum we need goverment to step in and "govern".

    Sadly, this will never happen under this or any other administration. Our politicians have been bought and will continue to do the will of there corperate powers.

    Revolution, the kind that we had a little over 200 years ago, is the only way we will be able to bring goverment back into balance with the people, and even then, a little revolution here and there would be a good thing to keep any kind of goverment in check.

    Though by posting this now at this time, rest assured, if I have not been target already, I have been now but Rumsfeild and crew.

    I need to retreat and stock up on some tin foil! ;-)

  60. They can have my keys by cc_pirate · · Score: 2, Funny
    When they pry them from my cold dead fingers....


    Which, given Ashcroft's history will probably be fine by them....

    --

    "There are laws that enslave men, and laws that set them free. " - Sean Connery as King Arthur

  61. The Ninth too... by red+floyd · · Score: 3, Informative

    The Ninth goes hand in hand with the Tenth:

    The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

    In other words:

    The Ninth: Even if we didn't mention them, you have your rights.
    The Tenth: If we didn't talk about it, the Feds can't do it.

    --
    The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
  62. RTFA!!! by alizard · · Score: 2, Informative
    While the implications of this treaty are truly frightening, the amazing thing about it is that it originated in Europe.

    From the available information, the bad ideas in it came straight from the DOJ representatives who sat in on the conferences at which the treaty was drafted. Did a published article on this for 8wire back in 2001. Unfortunately, 8wire is out of business. From the SecurityFocus article, it appears that everything that was wrong with it back then still is.

    Judging by all the anti-American trolls here on Slashdot, you would think that such legislation was only possible in a land corrupted by people like Jack Valenti and John Ashcroft.

    By and large, the bad ideas that the EU government is rushing to adopt are MADE IN USA. The DMCA clones (see EU Copyright Directive) that the EU has mandated for adoption by EU nations are a good example. The only purpose is to protect the Hollywood content cartel.

    Doesn't it make you proud to be an American?