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FCC Asks For Comments On Internet Wiretapping

SECURITY GURU writes "Security Focus has posted a story about The Federal Communications Commission (FCC) launching a public comment period on its plan to compel Internet broadband and VoIP providers to open their networks up to easy surveillance by law enforcement agencies. The 1994 Communications Assistance for Law Enforcement Act (CALEA), a federal law that mandates surveillance backdoors in U.S. telephone networks, is what would allow the FBI to start listening in on Internet communications. The EFF, ACLU, and the Electronic Privacy Information Center all opposed the plan, and an ACLU letter-drive generated hundreds of mailings from citizens against what the group called 'the New Ashcroft Internet Snooping Request.' If you have a comment on why you don't want the governemnt reading your email please post it here. All comments are due by November 8th."

254 comments

  1. But the EFF *wants* to tap when it come to p2p by turnstyle · · Score: 4, Insightful

    Interestingly enough, the EFF *wants* the government/music industry to tap how we use the internet when it comes to thier file sharing solution.

    --
    Here's what I do: Bitty Browser & Andromeda
    1. Re:But the EFF *wants* to tap when it come to p2p by Rares+Marian · · Score: 2, Insightful

      I call b.s. The kind of monitoring that's going on here is no different than a hosting provider that monitors how much bandwidth a customer is using, except that some packets (song1.mp3) are counted in one group and others (song2.mp3) are counted in another group.

      I'm all for appointing a dead guy over Ashcroft, but paranoia is only likely to miss dangerous abuses over normal behavior.

      --
      The message on the other side of this sig is false.
    2. Re:But the EFF *wants* to tap when it come to p2p by turnstyle · · Score: 1
      "I call b.s. The kind of monitoring that's going on here is no different than a hosting provider that monitors how much bandwidth a customer is using, except that some packets (song1.mp3) are counted in one group and others (song2.mp3) are counted in another group."

      No, it's not just about aggregate bandwidth consumption -- it's about tracking what files take up that bandwidth.

      It's not cool with me if ISPs are montoring my network usage to know what I'm doing, and it still baffles me that the EFF is actually trying to get ISPs to do it on behalf of the govenrment/entertainment industry when it comes to file sharing.

      --
      Here's what I do: Bitty Browser & Andromeda
    3. Re:But the EFF *wants* to tap when it come to p2p by sxtxixtxcxh · · Score: 3, Interesting

      p2p over the internet is essentially public space. there is no privacy in public.

      i mean, sure, the internet *could* be considered public space... but that'd be wrong.

      popular p2p networks could be policed while smaller "black market" p2p networks would pop up (oh hey! sounds familiar!) that circumvent the overseeing organization... i dont know

      /brain fart.

      --
      for a minute there, i lost myself...
    4. Re:But the EFF *wants* to tap when it come to p2p by Rares+Marian · · Score: 0, Troll

      How is knowing the filename knowing what YOU're doing?

      Are the filenames part of your DNA? Do they reveal mystical truths about your horoscope? Tracking your IP address and such would be quite different.

      But filenames?

      --
      The message on the other side of this sig is false.
    5. Re:But the EFF *wants* to tap when it come to p2p by johannesg · · Score: 1
      P2P means "point to point". When I sent a packet from my point to a packet at your point, I think of that as private communication that noone else has the right to monitor.

      The only thing that is public is the list of files that are available for sharing. The sharing itself, however, is a private transaction between two parties.

    6. Re:But the EFF *wants* to tap when it come to p2p by sxtxixtxcxh · · Score: 1

      true enough, i suppose.

      if you consider, however, how the point to which you are transfering your packets decides what gets in and what gets rejected, one could argue it's a public transfer, IF the recipient allows just ANYONE to transfer.

      to make a meatspace analogy, if someone were to be able to converse with you while you were in your house, and they were right next door, through a window, the conversation would have no expectation of privacy, whereas if someone had to knock on your door, and enter your household (which, i'm sure, you don't allow just anyone inside) the conversation should be expected to be private... (of course they have those laser mics and other high tech "invasive" devices, but barring that, of course).

      in any case, i'm just saying if they want to regulate file sharing, they'd have to make the distinction between what type of traffic they can monitor.

      i mean, i don't know. i personally agree with you, however, i'd rather have p2p network monitoring vs full spectrum monitoring, assuming of course, i HAD to choose the lesser of two evils. besides, it'd legitimize file sharing for the masses.

      --
      for a minute there, i lost myself...
    7. Re:But the EFF *wants* to tap when it come to p2p by Jonathan+the+Nerd · · Score: 1
      P2P means "point to point".

      No, P2P means "peer to peer". "Point to point" refers to a network link between only two hosts, in which packets from one host can only go to (and possibly through) the other one. Filesharing networks have nothing to do with point-to-point.

      --
      Disclaimer: The opinions expressed are not necessarily my own, as I've not yet had my medication today.
  2. No reason for alarm by MasterOfMagic · · Score: 5, Interesting

    If you ever thought your unencrypted traffic was safe from snooping over the Internet, you get what you deserve. If you don't like the idea of a company divulging your secrets, don't use that company, or add another layer of encryption on top of it. PGPPhone over VoIP anyone?

    1. Re:No reason for alarm by garcia · · Score: 5, Insightful

      It's a slippery slope you see. Soon the assholes will want backdoors to encryption programs or they will ban them outright. Obviously only a terrorist wouldn't want the government to see their traffic.

      This isn't tin foil hat material folks... This is really what's going to happen if we continue down the road we have been traveling. If we don't stop it at the polls this year it's not going to be easily turned around.

      Governments (regardless of party affiliation) love to have power. If one party can get the public brainwashed into believing that the measures they are taking are both necessary and acceptable the other side isn't going to complain when they have just that much more control over the population...

      VOTE IN NOVEMBER AND PUT AN END TO THIS HORSESHIT.

    2. Re:No reason for alarm by kfg · · Score: 3, Insightful

      You're absolutely right, and anyone who thinks their email is a purely private communication is either ignorant and/or an idiot.

      That said, there is a huge difference between your ISP being able to read your email if they want to and having them compeled to provide that capability to a government agent.

      KFG

    3. Re:No reason for alarm by Anonymous Coward · · Score: 0

      Problem is that using PGPPhone or whatever itself raises suspicion due to the fact that so few people are doing it. And since u are a few .. they can do altrernate survellience .. bugging home .. usb keylogs etc. etc. Who knows it's probably enough to get you on a list or something?

    4. Re:No reason for alarm by Anonymous Coward · · Score: 0
      PGPPhone over VoIP anyone?
      PGPPhone is a VoIPtype app. Did the buzzwords confuse the mods?
    5. Re:No reason for alarm by mikael · · Score: 1

      Or you could always send information encrypted on a CD-ROM, floppy-disk or flash card.

      Alternatively, you could always use a wireless access points to transfer information between computers without actually meeting.

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    6. Re:No reason for alarm by MasterOfMagic · · Score: 0

      There's an easy way to solve this problem if you're so worried: UNPLUG FROM THE INTERNET. What's to say they aren't reading your email now or listening to your VoIP conversations now or that there's not a back door in RSA, DSA, or ElGamal? You don't know and unless you're in the NSA and put the backdoor in or ordered it put back in, you'll never know. You pay your money and take your chances, and if you don't like it, don't use the system. These are the breaks of using such a public network. This extends to the telephone network as well. It's a public network, and if you don't like the fact that someone might be listening, then don't use it.

    7. Re:No reason for alarm by Anonymous Coward · · Score: 0

      Who knows it's probably enough to get you on a list or something?

      Oh yeah .. how long before someone gets anal probed at the airport cause they use PGPPhone at home?

    8. Re:No reason for alarm by Anonymous Coward · · Score: 0

      I know it is. As I do not know if there's a way to layer encryption on top of a VoIP connection at the endpoints, I picked something I was more well versed with. The example still applies - if you don't like that someone might be able to read your traffic, encrypt it.

    9. Re:No reason for alarm by Sheepdot · · Score: 5, Insightful

      Hmm... Let's see here. Name, Address, Email, and Phone. Yeah okay, filled out. After all, when the German government required registration for gun owners in 1938, they didn't immediately turn around and seek those people out when they banned guns. Err wait.

      I would highly advise you to *not* fill out this form with any legitimate info (which is probably required for the comment to be considered). In fact, I would falsly fill it out with the personal information of your state auditor, governor, or other public figure.

      I'm not a conspiracy theorist, but it should bother *anyone* that they request all this ridiculous information for simply leaving a comment.

      (Note: 1928 was the first gun registration, but it was "improved" in 1938 to include mandatory registration for any type of weapon)

    10. Re:No reason for alarm by MasterOfMagic · · Score: 2, Insightful

      It is a major distinction, agreed, but it doesn't change the fact that it's a public network, and if they can't compel your ISP to hand over your email, they can just as easily intercept it BEFORE it gets to your ISP. Also, aren't most ISPs happy enough to hand over your email if they get a court order? It's always been an illusion of privacy, and if people think that a public network gives them any privacy, they are sorely mistaken.

    11. Re:No reason for alarm by acvh · · Score: 1, Insightful
      VOTE IN NOVEMBER AND PUT AN END TO THIS HORSESHIT.

      this is going slightly off topic, but what makes you think that electing Kerry will put a stop to this? his faction is just as interested in what you're discussing with your friends as Bush's. only difference is that Ashcroft will bust you for being nice to Muslims, while Kerry will bust you for NOT being nice to Muslims.

    12. Re:No reason for alarm by JPelorat · · Score: 0, Offtopic

      Kerry will bust you for NOT being nice to Muslims

      Or for not wanting to pay eviscerating taxes. Or for not voting for him next time.

      --
      Hokey statistics and ancient misconceptions are no match for a good thought in your head, kid!
    13. Re:No reason for alarm by kfg · · Score: 2, Insightful

      . . .and if they can't compel your ISP to hand over your email, they can just as easily intercept it BEFORE it gets to your ISP.

      Exactly.Your own rebuttal is my rebuttal to your rebuttal. Problem solved without the application of an offensive law that broadens the rights of the government to spy on its citizens.

      KFG

    14. Re:No reason for alarm by MasterOfMagic · · Score: 2, Insightful

      I'm not for the law, by the way. I'm just saying that if you think this gives them any new powers, you're wrong.

    15. Re:No reason for alarm by jonwil · · Score: 1

      Firstly, it is highly unlikely that algorithims such as RSA contain backdoors. There may be specific programs containing NSA backdoors.

      If you are that worried about NSA backdoors, download a 100% Open Source encryption solution (I think GPG fits that definition) and compile it yourself.

    16. Re:No reason for alarm by Anonymous Coward · · Score: 0

      but what makes you think that electing Kerry will put a stop to this? his faction is just as interested in what you're discussing with your friends as Bush's.

      Because he won't have a 3 year head start in implementing even more draconian reforms. He will be able to put less conservative individuals on the Supreme Court. He won't be quite as involved in the fasicst rhetoric as Bush.

    17. Re:No reason for alarm by Anonymous Coward · · Score: 2, Informative

      How are you +5 again? Perhaps the moderators should google a little first. seeing how pgpFONE is not much of an option: MIT is no longer distributing PGPfone. Given that the software has not been maintained since 1997, we doubt it would run on most modern systems.

    18. Re:No reason for alarm by Corporal+Dan · · Score: 2, Insightful
      VOTE IN NOVEMBER AND PUT AN END TO THIS HORSESHIT.

      I'm confused, do you honestly believe that Kerry would actually oppose the ability of law enforcement agencies to quickly and easily tap the internet communications of those suspected of crimes?

    19. Re:No reason for alarm by cayenne8 · · Score: 1
      I know there are individual programs/processes to encrypt parts of your traffic (PGPPhone, email encryption, freenet..etc). But, is there anything in development out there for us to all encrypt everything? A totally encrypted network within the network? I'd guess it would start with people running server/nodes like the nym servers that give you an access to the non-encrypted world but, in a private anonymouse manner....but, all traffic inside is encrypted.

      The freenet stuff is similar to what I'm talking about...but a little too specific for what I'm talking about.

      Perhaps as a start...just a series of servers you can route your traffic through that is bounced around a bit..encrypted...and then comes out one of them into the open...etc. At least that way, you could make it more difficult to trace directly at the source....they'd have to follow the traffic around a bit before they could get to it. It sounds like they can compel commercial ISP's to do this...but, I don't see how they could compel private citizens running a network like this to help out the gov.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    20. Re:No reason for alarm by Tackhead · · Score: 3, Funny
      > Hmm... Let's see here. Name, Address, Email, and Phone. Yeah okay, filled out. After all, when the German government required registration for gun owners in 1938, they didn't immediately turn around and seek those people out when they banned guns. Err wait.

      At the moment, they need your name, address, email, and phone number, and it's a disincentive for the public to participate - your post being a prime example.

      Which is why a wiretapped society could be good for democracy. You see, after they've tapped the 'net, you won't have to enter any identifying details. Ideally, you won't even have to fill out a form. When they want your opinion, they'll be able to just pull it out of the database!

    21. Re:No reason for alarm by kfg · · Score: 3, Interesting

      I'm just saying that if you think this gives them any new powers, you're wrong.

      And I'm just saying that if you think this would not give them new powers under law you are wrong. There is a difference between capability and legal powers.

      There are technical defenses against technical snooping. There is no defense against law without becoming a criminal. The fact that they can interecept my email is something to consider when sending email and that's all, like sending a postcard. The fact that they are seeking the right to have my email provided to them by a private sector company is an entirely different legal kettle of fish.

      They can aim a listening device at the windows of your home, but they don't have the legal right. It's an important distinction.

      KFG

    22. Re:No reason for alarm by GoofyBoy · · Score: 1

      It might not be a "backdoor", but a problem/weakness with the basic algorithm that NSA/KGB/the Grey Aliens can exploit.

      With any security system, there is always a point where "faith" comes in.

      --
      The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
    23. Re:No reason for alarm by Coppit · · Score: 4, Interesting
      Governments (regardless of party affiliation) love to have power.
      Here's my current .sig: "Government big enough to supply everything you need is big enough to take everything you have ... The course of history shows that as a government grows, liberty decreases." -- Thomas Jefferson
    24. Re:No reason for alarm by Anonymous Coward · · Score: 0

      Oh yes, the ubiquitous "slippery slope" horsehit.
      You're approaching this backwards: what's new is not that the government wants a method to monitor communications (this doesn't guarantee they will, but that they can), but that the internet ushered in a new medium that they now can't fully monitor. They 've been able to tap phones for decades, I didn't hear people raising holy hell over this, why is this so different ? Use PGP or some other encryption if you want total privacy.
      Oh, the biggest fallacy (or in your case, phallus-cy) is the idiotic notion that getting Kerry in office will reverse this kind of decision. Kerry wants to appear as tough on terror as Bush is, especially in light of recent polls showing he lacks in the female demographic over this very issue. Kerry won't be scaling down the war on drugs or the war on terror. He'll do whatever is politically in his best interest, and the tinfoil hat wearers dont' have enough clout for that.
      On one hand, I almost hope Kerry wins in November solely for the satisfaction of seeing the bush-bashers betrayed. It'd be damn funny.

    25. Re:No reason for alarm by McDutchie · · Score: 1
      It's a slippery slope you see. Soon the assholes will want backdoors to encryption programs or they will ban them outright. Obviously only a terrorist wouldn't want the government to see their traffic.
      [...]
      VOTE IN NOVEMBER AND PUT AN END TO THIS HORSESHIT.

      If you think that a Democrat government would have done any differently, think again. ISP's in my country, the Netherlands, have been compelled to install backdoors for government snoopers for a number of years now, and at their own expense. This policy was made before 9/11 and under the previous Labour Party-dominated coalition government.

      Now the current Christian Democrat-dominated government (basically conservatives) is finishing the job by eliminating the need of a judicial order: anyone who is under suspicion (reasonable or not) can be snooped upon.

    26. Re:No reason for alarm by Anonymous Coward · · Score: 0

      This story [blogforIowa.com] alludes to the fact that petitions have to have valid names and addresses on them, so that you can't get more than one signature per person. I'm sure the FCC realized that there'd be plenty of rabid ACLUers out there who'd be more than happy to add more than their fair share. But more than that, notice that drop-down menu that says "Document type"? It's just a form, er, form for stuff like this. Still though, it is kind of ironic that they'd ask for personal info for this kind of thing.

    27. Re:No reason for alarm by aggieben · · Score: 1

      It's a slippery slope you see. Soon the assholes will want backdoors to encryption programs or they will ban them outright.

      A good insight, except it's about 20 years too late; "they" already tried preventing the exportation of crypto, anad that battle has largely been lost (as I see it). Anyone and everyone can use near-military grade encryption and the US Government already can't do anything about it. The traffic they really care about in terms of national security is already encrypted (most likely) and this kind of thing has a legal process to go through for law enforcement.

      I see that there could be a danger here, and people should keep their eyes and ears open. Having said that, I think more is being made of this than it really is.

      --
      Don't become a regular here, you will become retarded. -- Yoda the Retard
    28. Re:No reason for alarm by ViolentGreen · · Score: 1

      It's a slippery slope you see.

      I keep hearing of all these slippery slopes. We never seem to slide down any of them though. Perhaps it is tin foil hat material.

      --
      Not everything is analogous to cars. Car analogies rarely work.
    29. Re:No reason for alarm by Curunir_wolf · · Score: 1
      Soon the assholes will want backdoors to encryption programs or they will ban them outright.

      All the more reason to get as many people as possible using strong encryption *now*. Once use of encryption by rote becomes widespread (mainstream) there is no way it can be stopped. People in the US will NOT put up with the government having "backdoors" to their private communications. They've tried to get this before and the outrage was just too overwhelming - even without a critical mass of users.

      The NSA made a strong push in the weeks after the 9/11 attacks on the WTC, and even then, with Americans all panicky over terrorist attacks, they could not get support for this kind of thing (check out the news on this proposal).

      "VOTE IN NOVEMBER AND PUT AN END TO THIS HORSESHIT."

      ... you can at least try. AFAIK, the only presidential candidate likely to loosen the screws is Bandarik, and he's not doing well in the polls.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    30. Re:No reason for alarm by CrkHead · · Score: 1
      From TFA

      ...plan to compel Internet broadband and VoIP providers to open their networks up to easy surveillance by law enforcement agencies.

      My understanding is that this will remove the option of changing ISPs to avoid the abuses, as all ISPs would have to allow the abuses.

      This law made previously secure digital phone networks tappable. This is intended to make transcripts of secure communication available to law enforcement. As each new layer of encryption is added, more keys will be provided to the feds.

    31. Re:No reason for alarm by Mikkeles · · Score: 1
      'If you have a comment on why you don't want the governemnt reading your email please post it here.'

      It's not I who have to justify or give any reason why I don't want my mail read; rather, the state must justify why they should have the right to read my mail.

      --
      Great minds think alike; fools seldom differ.
    32. Re:No reason for alarm by Jah-Wren+Ryel · · Score: 1

      Which is why a wiretapped society could be good for democracy. You see, after they've tapped the 'net, you won't have to enter any identifying details. Ideally, you won't even have to fill out a form. When they want your opinion, they'll be able to just pull it out of the database!

      Reminds me of a joke about the STASI - the East German secret police who were world renowned for tracking the minutiae of the country's populace:

      After the wall fell, the STASI were pretty much all out of jobs and many ended up becoming taxi cab drivers. It was a good job transition because you could hail a cab to go home, when you got in you could just tell the driver your name, and he already knew where you lived.

      --
      When information is power, privacy is freedom.
    33. Re:No reason for alarm by Sneeper · · Score: 1

      Why did everyone think the parent was saying to vote for Kerry?

      I assumed he meant to vote for Michael Badnarik, who really would 'put an end to this horseshit'.

    34. Re:No reason for alarm by pmiller396 · · Score: 1

      Database? I thought they could just tap into your brainwaves! That *is* the point of the tinfoil hats, you know :)

    35. Re:No reason for alarm by arminw · · Score: 1

      Yes, of course, if you have deep dark secrets to communicate, then whisper them to the recipient beind the barn. You can also encode your message with the "secret encoder ring" and then send it off by carrier pigeon.

      --
      All theory is gray
    36. Re:No reason for alarm by arminw · · Score: 1

      So if Badnarik were elected he'd become supreme dictator of the US? He's still have Congress to deal with, a Supreme Court and that pesky document called "The Constitution"

      --
      All theory is gray
    37. Re:No reason for alarm by Binky+The+Oracle · · Score: 1

      I keep hearing of all these slippery slopes. We never seem to slide down any of them though. Perhaps it is tin foil hat material.

      Are you serious?

      Take a look at nearly any section of the U.S. code and you'll see thousands of examples of slippery slopedom. Let's see...

      Gun control. We went from the Constitution's 2nd amendment, written at a time when the citizens had far more firepower and advanced weaponry than the government and guaranteed that the Federal government had no authority to limit that right to the recently expired federal ban on scary-looking weapons.

      Copyright law. We went from a reasonably short period of protection (14 years with an optional additional 14 years, which both encouraged authors and musicians to keep creating AND benefitted the public) to the extension of copyright to an absurd "author's life plus seventy years" for individuals. Or there's the lovely DMCA which specifically prohibits me from mucking about with the innards of my own personal, private property.

      Even more ironic, the government is fighting for exactly the same right that they've taken away from the citizenry with the DMCA:

      "'circumvent a technological measure' means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner." ( Source)

      That's precisely what they're trying to do by forcing back-doors. My emails are protected by copyright. More importantly, they're private communications and not subject to unwarranted search and seizure (that pesky fourth amendment). Still not convinced that we've been veritably skiing down some slopes yet? How about...

      Income Tax: We started out with sales/manufacturing taxes, flirted with an income tax during the civil war, then got rid of it entirely, and declared it unconstitutional (which it was until the 16th amendment), then put it back.

      But even in 1913, most people had no tax burden, and the very richest were taxed at an insanely low rate. If you had earned income over $500,000 in 1913 dollars your tax rate was 7%. Compare that to the rate in 2003: 35% if you made $311,950.

      I'd like to visit the slope you live on, because the one I seem to be living on is more slippery than a California hillside in the rainy season.

      --

      Slashdot comments... splitting hairs since 1997.

    38. Re:No reason for alarm by Jonathan+the+Nerd · · Score: 1
      ...and that pesky document called "The Constitution"

      The Constitution hasn't been an impediment to any previous President. But it would be almost impossible to implement a Libertarian agenda against the will of Congress. The President can issue executive orders, but I don't know how far they can go (and in true Slashdot fashion, I'm not going to look it up).

      --
      Disclaimer: The opinions expressed are not necessarily my own, as I've not yet had my medication today.
    39. Re:No reason for alarm by Jonathan+the+Nerd · · Score: 1
      But, is there anything in development out there for us to all encrypt everything?

      IPSec.

      --
      Disclaimer: The opinions expressed are not necessarily my own, as I've not yet had my medication today.
    40. Re:No reason for alarm by Anonymous Coward · · Score: 0

      Fuck you! Who said to vote for Kerry? He is just as big business as Bush.

      Vote for the Greens or even better a socialist party.

  3. Please don't start... by The+Queen · · Score: 4, Insightful

    ...with that tired argument, "If you're not doing anything wrong, you have nothing to worry about."
    That is hardly the point.

    --

    The House Between - Original Sci-Fi Series
    1. Re:Please don't start... by Anonymous Coward · · Score: 0

      He wasn't saying THAT. He was saying that your network traffic is already being intercepted. Which is true...this is all part of the the effort to publicly legitimize what was already being done in secret.

    2. Re:Please don't start... by lukewarmfusion · · Score: 1

      I got into this argument with my wife, and that was her response to my frustrated defense of my privacy. How do I respond to this?

      Any response that involves the government abusing its power comes off sounding like a conspiracy nut. I'm finding it difficult to defend my privacy without sounding crazy.

    3. Re:Please don't start... by The+Queen · · Score: 3, Interesting

      How about this one: lack of privacy leads to mass conformity, which leads to a loss of individuality, loss of creativity, and loss of PROGRESS. Artists, scientists, philosophers and dreamers are a NECESSARY part of society. Without privacy, there is no freedom - freedom to say, think, do and create.

      If that doesn't work, send her to my house. ;-P

      --

      The House Between - Original Sci-Fi Series
    4. Re:Please don't start... by Anonymous Coward · · Score: 0

      Yet you don't offer "the point" as a counter argument.

      -- gid

    5. Re:Please don't start... by Theseus192 · · Score: 3, Insightful

      My reply to "If you're not doing anything wrong, you have nothing to worry about." is this:

      If the government isn't doing anything wrong, you have nothing to worry about. With footnotes to Filegate, Yasser Hamdi, and Brandon Mayfield to name three off the top of my head.

      --
      If stupidity got us into this mess, then why can't it get us out? - Will Rogers
    6. Re:Please don't start... by Gildor · · Score: 0

      Perhaps instead of phrasing it as abuse of power you could phrase it like this:

      "You're right, if you are not doing anything illegal, you *don't* have anything to hide. But, you are not the one who gets to decide what is illegal and what is legal. The government decides this."

      The counter to this is, of course, that we get to vote for our leaders. However, you may want to point out that we do not get a vote on each and every law that is passed.

    7. Re:Please don't start... by Pig+Hogger · · Score: 1
      "If you're not doing anything wrong, you have nothing to worry about."
      I got into this argument with my wife, and that was her response to my frustrated defense of my privacy. How do I respond to this?
      Like always: by saying You're right, sweetheart! ...
    8. Re:Please don't start... by Sven+The+Space+Monke · · Score: 4, Interesting
      I answer it two ways. The first way is my favorite, and most agree with it. The second is a fallback that doesn't work often, but it's still worth a shot.

      1 - We all go to the bathroom. Everyone does. It's biological. Nothing wrong with it. At one point or another, we've all made embarrasing sounds in the bathroom. Again, nothing wrong. But who would welcome an intrusion in that private moment? I wouldn't. There are times where I am engaging in activities that aren't wrong, but I'd be really upset if someone was watching/listening in. The same goes for comunications of any kind. We all discuss things with people that we don't want others to know. Even if the person listening in is benevolent and has no interest in revealing our secrets (or honestly doesn't even care), we'd still rather have that unknown third party not know. For your wife, ask her if she'd have a problem with some government terrorist sniffer listening in on a conversation she had with her doctor about a yeast infection. The spook doesn't know her, doesn't care, and would likely rather not have been privy to the details - but I doubt that would comfort your wife. All she knows is that an intimate discussion with a medical professional has been monitored and possibly recorded in a massive databse, JUST IN CASE.

      2 - Sounds a little tin-foil-hattish, but here goes. Let's assume that we can trust the government of today not to abuse the power. We can pretend that everyone in power has the genuine intention of using this technology/law to stop suicide bombers (not a safe assumption to make, but hey - for the sake of argument, why not). What assurance do we have that the government of a year/5 years/10 years from now are just as trustworthy? We don't know that, we can't know that. But the law/technology will still be there, but the honest people it was meant for may be gone and replaced with a government you cannot trust. These things happen, even in American history (see: McCarthy, Hoover). Even if we can trust the leaders of today, it won't be the leaders who actually use the laws/technology. It will be hundreds or maybe thousands of government employees -- and anyone who has ever had experience with a civil servant can tell you that not all of them can be trusted. Maybe someone tries to get a job as a 'line sniffer' just so that they can listen in to private calls and jack off later to them (not likely, but hey - sick people exist). I know I'd feel violated because if that happened. Or maybe one of them hears something like a call between someone (such as a respected member of a conservative community) and asubstance abuse councelor about their secret addiction? Well, lookie-lookie. All of a sudden, this line sniffer has blackmail info. Or a more likely scenario - a call to a shop-by-phone company. With that one call, a crooked sniffer would have your name, address and credit card number. What's to say that government employees aren't subject to the same temptations as the rest of us? All it will take is time before you get the right combination of a morally-loose sniffer and the big promise of enough cash.

      Hope that helps!

      --
      A man who can't pronouce "nuclear arsenal" shouldn't have one -sig ends here.
    9. Re:Please don't start... by DB'C · · Score: 1

      Ask her if it's ok to record all her emails/phone calls, just in case you ever need to divorce her because she cheated on you.

      If she says yes, divorce her. She's an idiot.

    10. Re:Please don't start... by cybrangl · · Score: 1

      "If you are not doing anything wrong, you don't have anything to fear"
      Except corrupt government officials, the fact that what I am doing now may not be "wrong" but the records could be used againts me if it ever does become "wrong". Hmm.. or perhaps the fear of the unneccesary data being collected wrong (hey, it's not that important, so we don't track it very well) getting all fubared and having me end up on a no-fly or terrorist list becuase some low-end government desk jockey can't be bothered to double-check data.
      I guess we don't have anything to fear.
      Oh, did I mention that it doesn't fix the issue in the first place, so I end up paying taxes to have myself tapped and get no benefit from it?
      Anyone who thinks "If you aren't do anything wrong, you have nothing to fear" is either A) Living in some strnage world unknown to most B) Lying to themselves C) Working for the people who want the data D) simply has no clue.
      So, if I haven't done anything wrong, you don't need the data in the first place.

    11. Re:Please don't start... by satchboogie · · Score: 1

      It would be inevitable that "they" would compile information about you and attempt to determine your "profile" if they obtain this power. Odds are they already have this power.

      In reality, they will blame it on terrorism, but their true intent is to create fear. When you were a child you knew you were being watched so you would be less likely to do something "bad." This is the exact same thing. The governments feel that by creating a feeling of being "watched" the people will be less likely to do things that might be questionable.

      It is a scare-tactic to gain control. Let's face it, not many are in agreement with the recent actions of the US government. How else can they get you to "fall in line?" They use fear because they know it works.

      The problem is that these blokes don't realize that with living in fear everyday will cause massive amounts of stress. With this stress comes breakdowns. With breakdowns comes "disasters" where people snap. Of course you can count 100% on the government claiming these snaps were premeditated and are the reason for the "monitoring" of citizens.

      It is a visious circle and typical of any government. They want total control and they don't care what you really think. They will twist it to keep everyone else "in line" so you really can't win.

      The best thing? Start new. Get rid of about 75% of the senators and government officials (send them to Greenland) and start with people that have not been "molded" into what the older generations want to maintain.

    12. Re:Please don't start... by Sloppy · · Score: 1
      I'm finding it difficult to defend my privacy without sounding crazy.
      I know what you mean. I try to tell people, "I want to choose which hand my sex-monitoring chip is implanted in," and they ask why I care.
      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    13. Re:Please don't start... by SpecBear · · Score: 1
      I'm one of those paranoid people who decided that the US Census Bureau didn't need to know my race. I declined to answer that particular question.

      Several friends of mine have accused me of being paranoid. They'll say something like "Why bother hiding that? It's something that anybody can tell just by looking at you!"
      And I'll say, "Yeah, I guess you're right. It's not like the U.S. government has ever used the census lists to go out and round up racial minorities. Oh, wait! Yes it has! "
      In 2000, the Census Bureau released an official apology for their part in assisting the government to round up thousands of Japanese Americans on the West Coast. During World War II, the bureau released its statistical data to the FBI so that the FBI could target particular cities and neighborhoods for persons whose only crime was being of Japanese descent.
      But those were different times, right? America's changed a lot, and we've learned from that and it could never happen again.
      Oh wait, it's already happening again. (from the same article)
      Recently the Census Bureau gave the Department of Homeland Security specially tabulated population statistics on Arab Americans in response to a request from the Customs and Border Protection division. This statistical information includes data on the number of people of Arab descent that live in a particular ZIP code, the names of cities with more than 1,000 Arab American residents and ZIP code level breakdowns of Arab American inhabitants sorted by their country of origin.
      But hey, I'm not doing anything wrong, so I have nothing to worry about, right?
    14. Re:Please don't start... by HighBit · · Score: 1

      Being able to turn on and off wiretapping with extreme ease only takes us one step closer to government by the government, for the government. As Americans, we have a duty to stand against any violation or process for easy violation of our civil liberties. Wiretapping, while necessary, should not be something that is conducted at the drop of a hat. The potential for misuse is too great.

      A wiretap should only be instated after all the due process requirements are met. The ability to go to an ISP and have them flip a switch to immediately implement monitoring of an individual is simply too much. Our government's checks and balances were instated for a reason, and I feel that as an American, I have a duty to stand against any process that threatens to tear those checks and balances of power apart.

  4. In Soviet Russia..... by MetaMarty · · Score: 2, Funny

    oh, nevermind

  5. simple by Anonymous Coward · · Score: 0

    When privacy is outlawed, only outlaws will have privacy. They can have my secret key when they pry it from my cold, dead hands.

    1. Re:simple by NuclearDog · · Score: 1

      Well, to quote the BOFH (by memory, may not be exact):

      "They'll get access to the computer room when they pry the halon test key from my cold, dead fingers."

      I must say I quite agree. The government can have my private key when they pry the floppy disk containing half of my private key from my dead fingers, and have disarmed the 'tripwires' on my system so the other half is not erased. ^_^

      BTW, random (somewhat fitting) QOTD: "Diplomacy is the art of saying 'nice doggie' until you can find a rock." You start letting them monitor your connection now they'll find a way to use it against you eventually. Trust me.

      ND

      --
      This statement is forty-five characters long.
  6. Why not? by Seeth42 · · Score: 5, Funny

    Hey, if Ashcroft wants to read all my spam before I can purge it, can I get an ammendment to the act to allow them to delete it for me?

  7. WE ARE CITIZENS! by garcia · · Score: 4, Insightful

    Why the hell are they asking people for arguments against it? It's obvious it's unnecessary. We have processes in place to allow for wiretaps. The processes might not be easy and that's a GOOD THING.

    Get your fucking warrant, set up your equipment, and do your thing. If that takes too long and you miss your chance to get what you need, tough fucking shit. I have no sympathy for you.

    Just because we were attacked (and have threats of more) recently does NOT mean that we should treat every god damn citizen like a criminal. Why can we not learn from the past? McCarthyism/Cold War??? Come on, wake up, do NOT stand for this bullshit.

    We are citizens and we have rights as such. Why the hell are we allowing the government to walk all over us? Make your complaints known to the FTC and in the polls in November.

    1. Re:WE ARE CITIZENS! by MasterOfMagic · · Score: 4, Insightful

      Unfortunately, there are too many citizens willing to trade liberty for safety. They WANT the government to be able to look at the bad guy's traffic, and that's how the government bills this. They only time that they care is when it personally inconveniences them. That's not going to happen to the average Joe until everyone is using VoIP and the law enforcement officer starts snooping on THEM. It is not until they personally feel violated that they care. Otherwise, they're playing the, "must get the terrorist" game.

    2. Re:WE ARE CITIZENS! by Anonymous Coward · · Score: 0

      What makes you think that it will not work the way you describe, with courts deciding who can be wiretapped or not?

      The issue at hand is that the VOIP system needs to be designed with the capability to be "wiretapped", or in computer terms, something that can track/intercept the packets and fork some copies for analysis. They are asking that it be done now in the design phase, rather than patched in later.

      The government is not walking all over us here, they merely want the new technology to have some sort of equivelency to the "flaws" of old technology that allow for evesdropping for law enforcement.

    3. Re:WE ARE CITIZENS! by Anonymous Coward · · Score: 0

      I understand this is probably not your position, but I have to make this point:

      Where did anyone get the idea that it's even POSSIBLE to trade liberty for safety? These are not equivalent currencies. They are not even different sides of the same coin.

    4. Re:WE ARE CITIZENS! by MasterOfMagic · · Score: 1

      They got the idea from their government of course.

    5. Re:WE ARE CITIZENS! by cube_slave · · Score: 4, Informative
      A great quote comes to mind...

      "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety."
      -- Benjamin Franklin

      Remember, fear of hostile forces is nothing new. If we "win" this "War on Terror" at the sacrifice our liberty, what have we preserved?

    6. Re:WE ARE CITIZENS! by Corporal+Dan · · Score: 1

      Yes, I most definitely WANT the government to be able to look at the bad guy's traffic. Are you saying that you'd rather live in a world where law-enforcement does not have the ability to wiretap?

    7. Re:WE ARE CITIZENS! by dirk · · Score: 1

      While I think there is no need for the general internet monitoring, I think you miss the point of this law on the VOIP side. The point is to make it so they can monitor VOIP calls with a wiretap warrant. As far as I know, they are not trying to get around needing a warrant (for a change) but trying to make sure that when they have a warrant it can be executed, even on VOIP phone equipment. They are extending the law for current phone equipment to the new phone equipment of VOIP, which I have no problem with.

      I have no problem with the authorities being able to monitor things like phone calls with a properly obtained warrant. That means there is a legitimate reason for them to be doing it, since they had to go to a judge with evidence of a potential crime to get the warrant. Just because something can be abused doesn't make it evil (see P2P). You deal with the abuse and abusers if it happens, not ban the entire process.

      --

      "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
    8. Re:WE ARE CITIZENS! by danheskett · · Score: 1, Insightful

      What liberties have been given up so far in the War on Terror?

      Can you list three?

    9. Re:WE ARE CITIZENS! by devross · · Score: 2, Funny

      Why the hell are they asking people for arguments against it?

      They're probably just going gather data on each person that protests and mark them as people who's communications they should be intercepting :-)

      --


      If these walls could talk they'd probly still ignore me. --MF DOOM
    10. Re:WE ARE CITIZENS! by kin_korn_karn · · Score: 0, Flamebait

      I always thought it went like this:

      "Those who would continually spout that same goddamn Ben Franklin cliche about liberty and safety that we've heard daily since 9/11/01 deserve neither liberty nor safety."

    11. Re:WE ARE CITIZENS! by PriceIke · · Score: 1

      > Get your fucking warrant, set up your equipment, and do your thing. If that takes too long and you miss your chance to get what you need, tough fucking shit. I have no sympathy for you.

      Then I'll have no sympathy for you when your plane is flown into the Sears Tower because we didn't get intel fast enough to stop it.

      Nor will I have any sympathy whatsoever for liberals who shriek that Bush should have done something to stop it.

      --
      It's not a lie. It's the truth with lossy compression.
    12. Re:WE ARE CITIZENS! by PriceIke · · Score: 1

      Wow, you know, that is a great quote. I don't think I've seen it two hundred thousand times already. Thanks for sharing. Again.

      --
      It's not a lie. It's the truth with lossy compression.
    13. Re:WE ARE CITIZENS! by jotok · · Score: 1

      CAELA only forces communications providers to structure themselves to allow the (e.g.) FBI easy access.

      So at issue here is not even whether or not the government should wiretap. It's whether or not corporate America should be made to bend over on demand. Whether they comply with CAELA or not, they will be forced to comply with the judiciary-approved demands of any law-enforcement agency.

      Let me just make that point clear: Whether this is made into policy or not, law enforcement WILL be able to do wiretaps and so forth.

      All of you bitching about whether or not wiretaps are wrong are in the wrong fucking thread.

      The question is, should corporate America force the FBI to invent new and elaborate ways of wiretapping, reading your e-mail, and so forth--all of which will cost time and money and will detract from their mission, which you may remember, is tracking down criminals--or not?

      The answer is, quite obviously, no.

    14. Re:WE ARE CITIZENS! by Anonymous Coward · · Score: 2, Informative

      You're joking, right?

      1) Freedom of Speech has been drastically weakened. Anybody speaking out against the president's foreign policy is deemed unpatriotic.

      2) Protection from Illegal Search and Seizure. Goodbye to any sort of due process for terrorist suspects. There are STILL people in jail suspected of being terrorists, held without any real proof or more importantly a court date.

      3) Right to a fair trial? Not sure what this falls under, but naming American citizens enemy combatants and denying them all legal rights has surely got to be a violation of more than just common sense.

      And why did you need three? If only two or one were violated would you feel more secure?

    15. Re:WE ARE CITIZENS! by Anonymous Coward · · Score: 0

      Yeah, there's probably three or more arab-americans that were improperly and unfairly, secretly detained, without being charged.

      Does that count?

    16. Re:WE ARE CITIZENS! by Rufus88 · · Score: 2, Insightful

      Can you list three?

      1) My right to check out any book I like from a library without having to worry that my taste in literature is going to get my name on a "watch list".

      2) The library's right not to divulge my reading habits.

      3) The library's right to tell its patrons when the government has begun forcing it to disclose our reading habits.

    17. Re:WE ARE CITIZENS! by cybrangl · · Score: 1

      "First they came for the Jews and I did not speak out because I was not a Jew. Then they came for the Communists and I did not speak out because I was not a Communist. Then they came for the trade unionists and I did not speak out because I was not a trade unionist. Then they came for me and there was no one left to speak out for me." -Pastor Martin Niemöller

    18. Re:WE ARE CITIZENS! by GMFTatsujin · · Score: 1

      Providing a list of two or more liberties which may or may not be missing is against the PATRIOT ACT. Especially if you're in a library.

      Please report to Cuba for re-education.

    19. Re:WE ARE CITIZENS! by BigOTeeToe · · Score: 2, Insightful

      Interesting that you chose three as the threshold for acceptable removal of liberties. I guess as long at they take them one at a time, that is okay?

      Here is one for starters (NY Times Article)

      My Summary: The US incarcerates incommunicado one of it's most (allegedly) dangerous citizens, ostensibly to make the US safer, for over two years. Then when told by the Supreme Court they would have to prove why he was dangerous (due process), they choose to release him instead.

      Now, if the fact that the government can detain a you for years without ever filing a charge in court or proving any cause for holding you doesn't disturb you, then I guess you have nothing to worry about. (Not to mention how it seems to me the US govt. knows the person was being held without cause...if he was so dangerous how can they release him?)

    20. Re:WE ARE CITIZENS! by krunk7 · · Score: 1

      First they came for the Jews
      And I did not speak out -
      Because I was not a Jew.
      Then they came for the communists
      And I did not speak out -
      Because I was not a communist.
      Then they came for the trade unionists
      And I did not speak out -
      Because I was not a trade unionist.
      Then they came for me -
      And there was no-one left
      To speak out for me.
      Pastor Niemöller, 1938

      It was not lack of intelligence that led to the success of the 9-11 attacks, but lack of action. Prior knowledge of eminent attack was available and passed through the necessary hands, but ignored. It was also determined that an inadequate amount of time was spent by the administrations security department on issues of terrorism. (no I'm not screaming conspiracy, but incomptence). Don't believe me? Have fun: 9-11 Commission

      Of course, I understand it's much easier to swallow party line sound bites whole than actually educate yourself about the state of our nation.

    21. Re:WE ARE CITIZENS! by Hatta · · Score: 1

      3) Right to a fair trial? Not sure what this falls under, but naming American citizens enemy combatants and denying them all legal rights has surely got to be a violation of more than just common sense.

      That would be the 5th amendment guarantee of due process.

      --
      Give me Classic Slashdot or give me death!
    22. Re:WE ARE CITIZENS! by danheskett · · Score: 1

      1) Freedom of Speech has been drastically weakened. Anybody speaking out against the president's foreign policy is deemed unpatriotic.
      Being called "unpatriotic" is not the same having your free speech suppressed. It is being called unpatriotic. "I think you are unpatriotic". There. Are you being repressed?

      2) Protection from Illegal Search and Seizure. Goodbye to any sort of due process for terrorist suspects. There are STILL people in jail suspected of being terrorists, held without any real proof or more importantly a court date.

      2) Protection from Illegal Search and Seizure. Goodbye to any sort of due process for terrorist suspects. There are STILL people in jail suspected of being terrorists, held without any real proof or more importantly a court date.
      Is that so? The Supreme Court has ruled on this, and dteremined that this wouldn't stand, correct? Everyone has the right to challenege their detention in court.

      3) Right to a fair trial? Not sure what this falls under, but naming American citizens enemy combatants and denying them all legal rights has surely got to be a violation of more than just common sense.
      This isn't new. If you are operating as a foreign agent you have never been afforded protection. Are we required to give criminal trials to soliders captured during war? No. Are we required to give trials to sabtourers and spies caught behind enemy lines, unmarked as soliders? No. Under the Geneva Convention these people are subject to summary execution.

    23. Re:WE ARE CITIZENS! by Zwack · · Score: 4, Insightful

      Hmmm... List three "liberties" that have been given up in the war on terror... that's a really hard one... I assume that you mean "rights" not "liberties".

      Well, given that the USA PATRIOT act allows sneak and peek searches, I would say that the liberty to feel safe from searches in your own home... (That would be your rights under the Fourth Amendment)

      Then there is the Sixth amendment rights to a fair, speedy public trial. Given that people held since 9/11 have been held without trial as "material witnesses", that the patriot act allows people to be held without access to legal defence... I think that might be number two. (I would point out that the sixth amendment does not say "Citizen".)

      So, I only need to find another loss of a right within the bill of rights and I think I can claim that I am home free... Well, I'm going to do this the other way round for the last one... I'll pick an amendment and find ways that it has been broken (in my opinion)... I think the first amendment is a good one...

      Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

      Hmmm, well, technically, Congress hasn't made many laws on this. However, the rights enumerated under this have definitely been violated.

      We'll start with the "free speech" zones. So that the president doesn't have to see any opposition, people who want to "Peaceably asemble" are herded into little cages around the corner out of sight.

      The military have "banned" certain types of photographs from being shown to the public... that sounds to me like the freedom of the press being violated.

      After the Madrid bombing an Oregonian lawyer was accused (and later released) based on a poor match to a smudged partial print. His name was bandied about, his reputation dragged through the mud... and all because he was a Muslim lawyer. That sounds like an impediment to his free practice of religion.

      Voter registrations in Ohio are being ignored because they are printed on the wrong paper, and voters in Florida are being unregistered because they have a similar name to someone who committed a felony in a different state. Both of those sound like they are an impediment to their right to petition government for a redress of greivances. If you can't vote against someone that you disagree with then your requests to them have less power.

      Will that satisfy you?

      or do I have to list more?

      Z.

      --
      -- Under/Overrated is meta-moderation, and therefore is Redundant.
    24. Re:WE ARE CITIZENS! by danheskett · · Score: 1

      None of these are new. I've got news for you. Your reading habits have always been subject to investigation by the government.

      If you are a suspected criminal the authorities investigate you. They can question witnesses and subpoena private records regarding your activities. During the Clinton impeachment debacle, for example, Monica Lewinsky's purchases at Barnes and Noble were obtained via subpoena.


      As far as #3, this is also not new. For example, the FBI can obtain a warrant to wiretap my phones or monitor my bank account and neither my phone company nor bank can disclose this information. Why? Because knowing I was investigation would prompt me to destroy possible evidence, clean up my act, intimitade possible witnesses, or even flee.

      Very few institutions or individuals ever have the "right" to not divulge information that the authorities deem to be relevant when armed with a warrant. These include your clergy person in a petitent setting, your attorney in most circumstances, and your doctor in a few circumstances. Your librarian has never had this right.

      Finally, about #1. Having your name on a watch list is not illegal, and its not a violation of your rights. The government has a duty to investigate those suspected of crimes. Period. The FBI or any other agency does not the right or ability to monitor, wholesale, the activity of patrons of any given library. What they do have, and what is a new power, is the ability to obtain via administrative warrant your library records. To obtain this warrant an offical must swear and oath that he/she has reasonable suspicion that you are a material actor in a criminal act or conspiracy.

      Nothing you bring up is any liberty lost. Having your name on a watch list or investigation list is not a violation of your rights. Your library has never been immune from disclosing your records. And suppliers of subpoenaed information have never been able to warn-off the target of an investigation.

    25. Re:WE ARE CITIZENS! by danheskett · · Score: 1

      Now, if the fact that the government can detain a you for years without ever filing a charge in court or proving any cause for holding you doesn't disturb you, then I guess you have nothing to worry about.
      The government made a mistake. The issue was resolved in the courts, and the government responded to the appropriate authority.

      An individual was illegally detained; the detention was challeneged in court, the individual was released unharmed.

      How can you claim this is a liberty lost? The liberty lost would be if the man was not released. If the administration said no, we are not releasing him. Or if the court had ruled it was okay to hold him.

      Everything here worked. You are not allowed to be held without charge, even if you are suspected terrorist.

      In fact, we all have more liberty now that the Supreme Court has made this ruling.

      Chalk this one up in the "liberties gained" column.

    26. Re:WE ARE CITIZENS! by danheskett · · Score: 1

      Well, given that the USA PATRIOT act allows sneak and peek searches, I would say that the liberty to feel safe from searches in your own home... (That would be your rights under the Fourth Amendment)
      The Fourth Amendment does not gurantee you the right to be free from searches. It guarantees you a right to be free from unreasonable searches. The changes in the Patriot Act say that if any of 5 conditions are true, notification can be delayed to the citizen that they were searched. The authorties must show the judge that if the person to be searched is given notice, one of the five things will happen - (1) an individual's physical safety will be endangered, (2) someone will flee prosecution, (3) evidence will be tampered with, (4) potential witnesses will be intimidated or, (5) an investigation would be jeopardized or a trial unduly delayed. The fourth amendment does not guarantee you a right to know we have been searched. The authorities are still required to obtain a warrant, still required to go in front a judge. You are still protected from unreasonable searches and siezures. Knock that off your list.

      Then there is the Sixth amendment rights to a fair, speedy public trial. Given that people held since 9/11 have been held without trial as "material witnesses", that the patriot act allows people to be held without access to legal defence... I think that might be number two. (I would point out that the sixth amendment does not say "Citizen".)
      The Supreme Court decided that you cannot be held without charges. Even the prisoners of foreign birth held overseas now have access to lawyers and will be formally charged. As far as being held a material witness, this is nothing new. It has been part of the law since 1984. Any person who is detained as a material witness has a right to demand a hearing before a federal judge and the right to counsel, appointed at government expense, if necessary. A federal judge must determine whether the person is, in fact, a material witness and whether he may be detained. Detainment is required only if there is a risk of flight or danger. Again, not liberties or freedom have been lost.

      Hmmm, well, technically, Congress hasn't made many laws on this. However, the rights enumerated under this have definitely been violated.
      Well that is a bad sign you have no legitimate issue on this, but lets go ahead just in case you are right.

      We'll start with the "free speech" zones. So that the president doesn't have to see any opposition, people who want to "Peaceably asemble" are herded into little cages around the corner out of sight.
      "Free speech" zones are nothing new. In most parts of the country you have to apply for a permit to organize a large scale protest. Permits can be denied for a number of reasons. This has been throughly worked through in the courts. The first amendment does not guarantee you access to the President, it does not guarantee you the right to riot or be disorderly. It guartantees you the right to peacefully assemble. It does not guarantee you access to private property to protest. It has never guaranteed you an audience.

      The military have "banned" certain types of photographs from being shown to the public... that sounds to me like the freedom of the press being violated.
      No, they haven't. That is blantly false. There are a number of laws on the books for decades regarding the release of satellite photots, classified information, and the like. However, once released, the press can print them willy-nilly. The press is not criminally on the hook, just the person who released them. If you have a specific case in mind, please, by all means, provide some links.

      Voter registrations in Ohio are being ignored because they are printed on the wrong paper, and voters in Florida are being unregistered because they have a similar name to someone who committed a felony in a different state. Both of those sound like they are an impedimen

    27. Re:WE ARE CITIZENS! by BigOTeeToe · · Score: 1

      "An individual was illegally detained"

      leads to....

      "Everything here worked. You are not allowed to be held without charge, even if you are suspected terrorist."

      ??

      I guess my point is the liberty lost is that you can be detained for years "illegaly", and then if you want to be released (keep in mind you should have never been detained in the first place) you have to renounce your citizenship and vow to never to return to the country. Oh, and most of that time, you were in solitary confinement and were not given access to a lawyer or a hearing to argue your case.

    28. Re:WE ARE CITIZENS! by danheskett · · Score: 1

      I guess my point is the liberty lost..
      Your point is wrong. The claim is that we are less free and have less liberty since 9/11.

      Here is a case were the government tried to expand its power, and the natural checks and balances prevented that from happening.

      Clearly there was injustice and harm done to this individual. Clearly. However, this is not shut-and-close, all is lost, the government is repressing me, this is it time. If our right to a redress of grievances, to a trial, to not be held without charges was truly jeopordized this man would never have been released. That's the status quo in very many places across the world. Here, he fought the government, and won!

      That's something to be celebrated, not lamented. Clearly he was wrong. But the great thing about system is that now you and I have greater freedom and greater liberty thanks to his sacrifice and tribulation.

    29. Re:WE ARE CITIZENS! by arminw · · Score: 1

      The vast majority of citizens still use POTS and the Feds can listen in on anybody's phone after they get a warrant. All this is about is to maintain a capability that existed for years. The new technology of the Internet has to submit to the same laws that the old POTS technology has submitted to for years. Just because the law enforcement has the ability TODAY to listen in to anyone's phone conversation, doesn't mean they have listened wholesale to the average phone line. There are not enough agents in Govt to do that anyway. The Govt. just wants to maintain what they have now in the face of changing technology. If "they" suspect someone of "something bad" today, they can listen to the normal phone and they want to be able to continue to do this. "They" can get a court order to read your postal mail also!

      I can't understand why some /.rs are so up in arms about this!

      --
      All theory is gray
    30. Re:WE ARE CITIZENS! by Zwack · · Score: 1

      OK so you want to get into semantics...

      The fourth amendment states...

      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.

      Given that the USA PATRIOT act and FISA which are both being used together to combat "terrorism" allow a secret court to decide in secret that a secret search can take place then I would say that the fourth amendment has been violated. I would not consider a search of my house without my knowledge to be reasonable under ANY curcumstances, much less because it was decided by a secret court. Searches at Airports are searches without any probable cause, or is the fact that someone is boarding a plane considered to be probable cause? That I would state (again) is a definite loss of rights.

      The lack of speedy and fair trial WAS LOST. it may have been restored by the Supreme court, but that doesn't make the deliberate attempt to remove it any better. The Sixth amendment states

      In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

      Where in there do you see anything that says Citizen, American, or any term that could be construed as NOT applying to US Residents who are not also citizens? Personally I see the phrase "In all Criminal trials the accused" and assume that the word ALL applies to... um... well... ALL. Yes, this right has been restored but it was STILL lost to the war on terror. Your original question didn't stipulate that the rights could not be later restored by another body. Given that this right WAS removed (and you agree with that) that is the second one.

      While the First amendment starts "Congress shall make no Law..." most people assume that this also applies to others... The freedom of speech, freedom of the press etc should not be sujugated to Presidential Decrees, etc. The "Free speech" zone is a travesty. The idea of being able to peacefully protest is that you should be able to protest something in a peaceful manner. If you are told... "Yes, you can protest X, but to do so you have to do it in this darkened cellar" then your peaceful protest is not going to be effective. The current administration has started to use "free speech zones" to keep protesters out of sight. If you think that this is acceptable I hope that you will use your vote wisely, and vote for the candidate of your choice in your own cellar. I'm sure the election board will be aware of your vote and somehow count it.

      The military have banned all photographs of returning Coffins from Iraq. Can you tell me who this is supposed to help? This isn't a national security matter. It is directly related to the war on terror.

      Even if you don't accept any of these, the freedom of the press has definitely been affected by the changing and tightening of Visa regulations. Previously Journalists attending single conferences in the US were never made to get Press visas, but instead used the visa waiver scheme. Nowadays they are being refused entry and sent home. This may not be the Freedom of the American Press but the Constitution just talks about "the Press" and Given that most news organisations are international I would assume that "Foreign Press" covering something happening in the US should be covered under the same rules as local press.

      It's even worse for people here on certain types of work visa. One

      --
      -- Under/Overrated is meta-moderation, and therefore is Redundant.
    31. Re:WE ARE CITIZENS! by Anonymous Coward · · Score: 0

      I think you miss the point. The govt. still needs a warrant. They just need a guarantee that they can get the subpoenaed info.

    32. Re:WE ARE CITIZENS! by danheskett · · Score: 1

      I would not consider a search of my house without my knowledge to be reasonable under ANY curcumstances, much less because it was decided by a secret court.
      Well then you are completely at odds with just about every court who has ever decided the topic. The whole point of the FISA court is that in some cases letting the defandant know his/her premises has been searched invalidates the search itself. So, basically, you are wrong. You do not have a right to be free from unknown to you searches. There is a large bit of process that has to be followed to get such a warrant. They are rare. And easily justifiable.

      Yes, this right has been restored but it was STILL lost to the war on terror.
      When something contreversial happens, it is challenged in court. If the court says reinforces the action, a precendent is set. If it strikes down the action, a precendent is set. A precendent in support of strong protections have been set. This is a victory for freedom, not a loss. Yes the liberty of a person or small number of persons was restricted. That is the sacrifice that must be made sometimes in the name of increased liberty for all.

      Where in there do you see anything that says Citizen, American, or any term that could be construed as NOT applying to US Residents who are not also citizens?
      This is very basic. International terrorists are not criminals. They are not accused of crimes, but rather, acts of wars, which are by definition not crimes. Therefore, as you can clearly see by the language of the amendment, no protection is afforded. This is very basic. The courts have affirmed this dozens of times.

      Your original question didn't stipulate that the rights could not be later restored by another body.
      You are claiming that the 6th amendment and 4th amendments were lost liberties: gone. I am saying, they were interuppted one way, that was struck down. An instance, a single case of something does not mean liberty has been lost. Get it into your head. This is how government has worked for 225+ years. A law is passed. It is enforced. It is challenged in court. The court reviews the law and its enforcement. The court makes a ruling on its applicability and constitutionality. It is appealed up to and including the Supreme Court. Repeat as needed.

      The current administration has started to use "free speech zones" to keep protesters out of sight.
      This is based on an old law, not a law that was passed during the "current administration". The ability to legally place mass-protestors in designated areas is decades old. DECADES. Get it into your head. This isn't anything new. Protestors have never had the right to go anywhere, to go onto private property, to have front row access.

      The military have banned all photographs of returning Coffins from Iraq.
      That is a bald-face lie. They have not banned photographs. They have not banned the printing of photos of Coffins from Iraq. They have restricted access to the air-force base where they are recieved.

      I am going to try to get something into your head. The 1st amendment says that you print anything, say anything, etc. It does not guarantee you a right to get into a military base, at a certain given time, and photograph a certain given something. If you were, by some chance, able to get into said military base and take said photographs there is NOTHING the military or anyone else could do to prohibit you from publishing those photos.

      Can you tell me who this is supposed to help?
      My bosses son was in Iraq. Maybe she'd rather not have his coffin photographed and splashed over the front cover of Time, on anti-Bush T-shirts, and on bumber stickers and on TV everynight. Did you ever think of that? Regardless. Despite these wishes if you had said photos, it'd be perfectly legal for you to print them. Check out thememoryhole.org if you need proof that it is legal to publish them.

      Even if you don't

    33. Re:WE ARE CITIZENS! by Anonymous Coward · · Score: 0

      The current administration is clearly abusing its power, and if you think otherwise you're a fool. Who cares when the laws were passed, or who wants who's son on what t-shirt.

      Muslim kids are afraid of picking up books on Islam from libraries. Cat Stevens is kicked out of the country. People on No Fly lists (including Ted Kennedy) have no idea how they got there or how to get off. We're holding citizens in solitary confinement for god-knows what reasons, unlimited amounts of time, and no ability to talk to lawyers, family, or NGOs.

      If you look at any coverage of the RNC demonstrations you will see that the rights to free assembly have been violated like 'whoa!' (some friends were arrested and held @ Pier 57 because there was a rumour going around in the ranks of cops that some kids were planning to throw urine at them... Clearly, clearly false... But they were held for hours and hours without proper water or ventliation anyway).

      You conservative types have invested so much in your Patriotic Swing after 9/11 that now that tides are turning and everyone sane sees the insanity that's going on, you're too stuborn to see it for yourself. "All these crazy liberals say it... It *must* be false! *MY* President wouldn't do such things! And I will defy rhyme and reason to prove it to ALL!!"

  8. What happened to no unreasonable searches? by Anonymous Coward · · Score: 3, Insightful

    Oh yeah, the constitution is kaput!

    1. Re:What happened to no unreasonable searches? by LilMikey · · Score: 1

      ...but this is to fight terrorism. You're supposed to forego all of your constitutional rights to fight terrorism.

      --
      LilMikey.com... I'll stop doing it when you sto
    2. Re:What happened to no unreasonable searches? by justkarl · · Score: 4, Insightful

      You're supposed to forego all of your constitutional rights to fight terrorism.

      Whether you're making a clever joke, or telling it the way it is, you're right on the money.
      Like it or not, since 9/11 we've seen some pretty wack stuff. Random searches? Patriot Act? Holding without just cause? What the hell is that? More and more, the Constitution has become something that only the rich can afford. In the meantime, those who are a day in the sun darker than those in power suffer because what was once regarded as "rights" are being thrown in the toilet. In the name of what? Some crusty white zealot's blood war.

    3. Re:What happened to no unreasonable searches? by Anonymous Coward · · Score: 0

      Oh comne on! Unreasonable search is someone frisking you or barging into your house and taking your possesions.

      Technology has eroded our privacy. (Don't blame it ALL on the government.) How many cell phone users blab away in public places? You don't even need any new laws or search warrants to snoop many folks' conversations.

      Anyone remember when cordless phones could be snooped with a normal radio scanner?

      Shoot, the technology of phone calls much less the internet and VOIP over a wireless connection is more akin to making very large sign language gestures across a park. Anyone who looks and understands sign language can understand your conversation.

      Don't try to tell me that tapping phone calls is unreasonable search and seizure. The constitution predates the technological concepts. And, for example, anything you said (even quitely) in the local bar should not be consider protected under privacy rights.

      Now, I do think it's quite reasonable to say society should think about the issues and amend the laws as necessary to 1) account for present and anticipated future technologies and 2) match reasonable expectations of privacy (if such is possible).

    4. Re:What happened to no unreasonable searches? by devross · · Score: 1

      Whether you're making a clever joke, or telling it the way it is, you're right on the money.

      It appears he's doing both, sort of like one of those "it's funny because it's true" sort of things. That's how I took it anyway.

      --


      If these walls could talk they'd probly still ignore me. --MF DOOM
    5. Re:What happened to no unreasonable searches? by Anonymous Coward · · Score: 0

      bill of what? (rights) rights yeeeeaaaah, we got rid of that years ago, it just got in the way of good old big goverment.

    6. Re:What happened to no unreasonable searches? by Anonymous Coward · · Score: 0

      sort of like one of those "it's funny because it's true" sort of things

      How about a "funny because it's not" kind of thing?
      That's what I think.

  9. why is it... by Anonymous Coward · · Score: 0

    ...that those jack-booted motherfuckers always want the back door? The government fucks me there every year on April 15th - they can just take a look then, since they are already neck deep. "Like a cup o' joe while you're probing my colon, Agent Johnson?"

  10. Great idea, honest! by Ckwop · · Score: 4, Insightful

    Internet wiretaps don't make the world safer they do the opposite - they make the world less safe. Any serious criminal will encrypt their connection meaning that the only people a wiretap would be useful against are idiots.

    Wiretaps have been abused and these will also be abused - I'm not happy about giving police that power that the return is likely to be so small.

    Simon

    1. Re:Great idea, honest! by dirk · · Score: 2, Interesting

      Most criminals are idiots. Most criminals are not computer experts, so they don't know anything about encryption, much less how to use it to secure their communications. The readers of /. understand encryption because we deal with technology issues every day. Most criminals don't do this, so they don't understand that encryption could save their ass. There are some who understand this I'm sure, but they are in the minority.

      As far as wiretapping havin the potential for abuse, you are correct. So do guns, cars, presciption drugs, P2P, and anything else in the world. Having a potential to be abused doesn't mean we should ban something. We should deal with the abuses and abusers.

      --

      "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
    2. Re:Great idea, honest! by mark-t · · Score: 1

      Or worse, it would mean that anyone who encrypts anything on the Internet could be subject to criminal investigation.

    3. Re:Great idea, honest! by 4of12 · · Score: 1

      Most criminals are idiots.

      We're weeding them out and, through evolutionary forces, hoping to create a new, more formidable and sophisticated criminal.

      Looking around, I'd say we're succeeding beyond our wildest dreams.

      --
      "Provided by the management for your protection."
    4. Re:Great idea, honest! by SleezyG · · Score: 1

      Any serious criminal will encrypt their connection meaning that the only people a wiretap would be useful against are idiots.

      Yes, but encryption will not provide adequate protection to your serious criminals. A fundamental rule of cryptograhy is that all systems are breakable by an attacker with enough motivation and computing power (aka money) to do so in a reasonable amount of time. I cannot think of a better funded organization than the US government. Can you?

  11. *sigh* looks like p2p telecom is coming by h00manist · · Score: 1

    it's inevitable that govcorp would like to start meddling in VoIP, 802.11, and so on.

    p2p telecom anyone?

    --
    Build your own energy sources from scratch. http://otherpower.com/
    1. Re:*sigh* looks like p2p telecom is coming by Anonymous Coward · · Score: 0

      revolution anyone?

    2. Re:*sigh* looks like p2p telecom is coming by Anonymous Coward · · Score: 0

      http://www.e164.org/ is p2p voip, it stores a voip url in DNS and then your program does a dns lookup if possible, along with SRV records allowing programs to easily use non-standard ports it's going to make it more interesting for govts to play catchup with technology in the coming years.

  12. ACLU by spangineer · · Score: 5, Informative

    The ACLU also has a site set up for reading more about what's involved and for faxing your petition - ACLU

  13. Still need a Court Order by d3ac0n · · Score: 2, Insightful

    Just because they CAN tap into you communications doesn't mean the WILL. Law enforcement is still required to get a court order to tap into your communications. That means they have to have probable cause. Whichmeans there is a good chance you are doing something you shouldn't be. I don't see the problem here. Do we NOT wnat to havbe the bad guys taken down? Or should we all just get out the tinfoil hats because "This means the those wascally wepublicans will eavesdrop on my porn line calls! Oh No3s!!"

    --
    Official Heretic from the "Church of Global Warming". Proven right thanks to whistle blowers. AGW = Flat Earth Theory
    1. Re:Still need a Court Order by funkdid · · Score: 1

      I disagree, anyone who CAN, WILL. It also depends on "who" wants to know what you are saying. FBI agents do not need a court order to tap any of your communications.

      The spirit of the constitution wasn't based on WILL it was based on CAN, or more specificly CAN'T. Laws usually last a really long time, just because it isn't resonable for someone to use a law to a certain end now, doesn't mean they won't in the future. Look at the anti-trust laws, or whichever "This will NEVER be used to...." law of your choice for a good example.

      --

      I boycott signatures

    2. Re:Still need a Court Order by PeterHammer · · Score: 3, Insightful

      Law enforcement is still required to get a court order to tap into your communications.

      They are also supposed to have arrest warrants and follow do process to hold people. Especially if they are arrested inside the country. I think a few Muslims in our generation, and Japanese in our grandparents generation, may have something to say about that.

    3. Re:Still need a Court Order by danheskett · · Score: 2, Insightful

      FBI agents do not need a court order to tap any of your communications.
      As far as I can tell, that is completely false.

      Wiretaps of all kinds must be approved by a court. Even the most basic forms of approval come in the form of an "administrative hearing" which involve a judge/justice and a government rep, all on the record.

      What specifically do you have to backup your assertion that the FBI requires no court orders to tap communications?

    4. Re:Still need a Court Order by funkdid · · Score: 4, Informative
      The final version of the anti-terrorism legislation, the Uniting and Strengthening America By Providing Appropriate Tools Required To Intercept and Obstruct Terrorism (H.R. 3162, the "USA PATRIOT Act") limits judicial oversight of electronic surveillance by: (i) subjecting private Internet communications to a minimal standard of review; (ii) permitting law enforcement to obtain what would be the equivalent of a "blank warrant" in the physical world; (iii) authorizing scattershot intelligence wiretap orders that need not specify the place to be searched or require that only the target's conversations be eavesdropped upon; and (iv) allowing the FBI to use its "intelligence" authority to circumvent the judicial review of the probable cause requirement of the Fourth Amendment.

      The FBI already has broad authority to monitor telephone and Internet communications. Current law already provides, for example, that wiretaps can be obtained for the crimes involved in terrorist attacks, including destruction of aircraft and aircraft piracy. Most of the changes to wiretapping authority contemplated in the USA PATRIOT Act would apply not just to surveillance of people suspected of terrorist activity, but to investigation of other crimes as well. The FBI also has authority to intercept communications without probable cause of crime for "intelligence purposes under the Foreign Intelligence Surveillance Act ("FISA"). The standards for obtaining a FISA wiretap are lower than those for obtaining a criminal wiretap.

      Minimal and Inadequate Standards for Access To Internet Communications Section 216 of the USA PATRIOT Act substantially changes current law. Under current law, a law enforcement agent can get a pen register or trap and trace order requiring a telephone company to reveal the "numbers dialed" to and from a particular telephone. To obtain the order, the law enforcement agent must simply certify that the information to be obtained is "relevant to an ongoing criminal investigation." This a very low level of proof, far less than the probable cause standard (probable cause that a crime has occurred, is occurring or will occur.) - a standard that must be met now to authorize access to the contents of a communication. Under the proposed Section 216, the judge must grant the order upon receiving the certification. Even if the judge disagrees, and believes that law enforcement officers are on a fishing expedition that will yield up no relevant information, the judge must issue the order. The judge is therefore not positioned to protect the privacy of a person's telephone communications; he wields a rubber stamp.

      Section 216 of the USA PATRIOT Act would extend this low threshold of proof to Internet communications that are far more revealing than the numbers dialed to or from a telephone, and to portions of e-mail communications that cannot readily be separated from content. Section 216 gives law enforcement agents who obtain pen register and trap and trace orders access to "dialing, routing and signaling information." The bill does not define those terms. They would apparently apply to law enforcement efforts to determine what websites a person has visited. This is like giving law enforcement the power -- based only on its own certification -- to require the librarian to report on the books you had perused while visiting the public library. This is extending a low standard of proof -- far less than probable cause -- to "content" information even while Section 216 purports to exclude content.

      The contents of a telephone call are readily separated from the telephone numbers dialed to and from a telephone. However, the same cannot be said of an e-mail address and the contents of an e-mail message. This information moves together in packets. To execute the pen register and trap and trace orders authorized by Section 216, somebody must separate the e-mail address from the contents of the e-mail message of the target. The FBI's answer to this problem is troubling. It obtains access to the entire message. Then, it asser

      --

      I boycott signatures

    5. Re:Still need a Court Order by Anonymous Coward · · Score: 0

      Does the term "slippery slope" mean anything to you?

      With the current administration, it should...

    6. Re:Still need a Court Order by Anonymous Coward · · Score: 0
      Law enforcement is still required to get a court order to tap into your communications. That means they have to have probable cause.

      This is incorrect. A court order is still required, but probable cause to believe a crime has been/is being committed is not.

      Under the USA PATRIOT Act, court orders can be obtained secretly through a FISA court. This requires little more than a statement from agents that the investigation is related to national security.
  14. Wiretapping has Limited Utility on the Internet. by reporter · · Score: 3, Interesting
    Unlike the telephone, wiretapping has only limited utility on the Internet. A culprit with a sinister motive could communicate with his accomplice by using encryption (e.g. PrettyGoodPrivacy) to send and receive e-mail. The culprit would not be submitting articles to bulletin boards on Slashdot. Further, the culprit would not be engaged in conversations on real-time chat rooms. The culprit would confine herself to only those forms of electronic communication that can be encrypted.

  15. This may help encryption adoption by Lord+Grey · · Score: 4, Insightful

    Previously, we could only say something like, "Someone may tap into your communication channel" to steal credit card information, listen to your VoIP, etc.. Better start using encryption! Lots of people ignore vague warnings like that. This would give us an actual "enemy of privacy" to point at.

    --
    // Beyond Here Lie Dragons
    1. Re:This may help encryption adoption by vinukr · · Score: 1

      Yes... Right. How many of us now even login to Yahoo using the secure mode?? not me definitely
      If not bringing in stronger encryption techniques, this is only going to increase the awareness of encryption.

      Kudos to government policies

  16. Pardon my Tinfoil... by WormholeFiend · · Score: 4, Insightful

    But aren't "they" doing it already with ECHELEON?

    1. Re:Pardon my Tinfoil... by I+confirm+I'm+not+a · · Score: 4, Informative

      Yes, but Echelon only provides as much intelligence (on US citizens in the USA) as Canada, the UK, Australia and New Zealand [1] can gather electronically. This will allow the (US) Three Letter Agencies to gather much more intel, much more freely.

      [1] Echelon is the UKUSA nations - USA, and the 4 listed above. It's a neat way to for the five nations to avoid spying on their own citizens - by getting their allies to do it.

      --
      This is where the serious fun begins.
    2. Re:Pardon my Tinfoil... by Anonymous Coward · · Score: 0

      ECHELON used to listen in to unencrypted satallite traffic and undersee cables. (Places you can listen without gething cought, it was designed against rusians and their friends remember). The point of the ukusa community is to intercept satallites the usa cant get.

      I think it is unlikely that collection systems involved echelon have been extended to listen into more then what CALEA allows (telephone networks with the help of telephone companies). As even doing CALEA richt isn`t easy acording to the general acounting office I doubt it is integrated into echelon... but this is a tinfoil hat thread for a reason.

      The thing is connecting sattalite traffic to people is easy, connecting IP traffic on a backbone to people is not that easy. So looking for voip traffic on a few backbone mostly going to outside the USA isn`t gonna do much good if you hava a warrant for a specific persons phone traffic.

      The point of these laws is to make sure people cant avoid being listened into by police (with a warrant, easy to get and extend though) or by TLA`s (without anyone knowing, let alone a judge) by using skype or even cheaper VoIP systems. Sofar these systems fall outside CALEA. The goal is not to to tap into a suspects internet traffic just for the internet traffic. The biggest police snooping country in the world is probably the only country in the world that has a dedicated system forced on providers to tap into any IP traffic. Guess? guess again? its the Netherlands with 10.000 telephone taps a year (scoresheet, great round numbers).

      Perhaps you are thinking of carnivore. Since "carnivore, the crappy sniffer for screwing up importand investigations without any regard for integrity of evidence or civil liberties" sound bad... Lets call it dcs2000 and solve this problem once and for all.

    3. Re:Pardon my Tinfoil... by I+confirm+I'm+not+a · · Score: 1

      Disclaimer: I have no idea what Echelon *really* does.

      My "knowledge" of Echelon is based on

      (a) French and EU complaints against Britain, complaints that allege the UK (and her allies) routinely spy on French and other EU commerical interests. Now, I accept this is rampant hypocrisy; the French (and, as you mention, the Dutch) do exactly the same.

      (b) "Revelations" from former NZ politicians, primarily David Lange.

      You're no doubt correct to point out that the USA has tough laws to prevent its own agencies from spying on its own citizens; if French allegations are correct those laws are no longer relevant: the Canadian (et al) intelligence service will be used to bypass those laws. Incidentally, I'm not thinking of Carnivore: Carnivore is a US-internal (FBI?) system, and has no impact on me, a New Zealand citizen living in the UK!

      The bottom line, however, is that I have no more knowledge of Echelon than anyone else, excepting those involved with it directly. Maybe it's a myth. I hope so, as I'm ashamed to be associated with two nations that may spy on their allies' citizens.

      --
      This is where the serious fun begins.
  17. They're welcome to try. by NoMoreNicksLeft · · Score: 5, Interesting

    We're already implementing https and ssl irc over our network... not that they'll see even that far, they'll likely never see past the exterior VPN tunnels.

  18. Go go gadget Tinfoil Hat! by Jakhel · · Score: 4, Insightful

    If you have a comment on why you don't want the governemnt reading your email please post it here.

    Don't you mean, "if you want the government to flag your IP address as a potential "iCriminal" post your comment there..along with your home address so we'll know where to send the net cops when it's time to serve warrants"?

    Then again, it's not like Ashcroft will make decisions based on the peoples' opinions anyway. I am willing to bet that this is just an attempt at gaining the public's confidence by providing an open forum (regardless of how useless it will be) for gripes and concerns.

    1. Re:Go go gadget Tinfoil Hat! by Anonymous Coward · · Score: 0

      Yeah, do it from work :)

  19. *looks over his shoulder* by Kumorigoe · · Score: 3, Interesting

    For all of those thinking that this is a step in the direction of government regulation of the internet... Wake up. There is no way possible to regualte, of even monitor all internet-based communication. Anyone here who has heard of ECHELON and CARNIVORE knows how unreliable and backlogged those two systems are. One created to monitor VoIP would be similarly handicapped.

    --
    "What I cary in this box is your utter subjugation."
    1. Re:*looks over his shoulder* by Oddly_Drac · · Score: 1

      "Anyone here who has heard of ECHELON and CARNIVORE knows how unreliable and backlogged those two systems are."

      Thank god we're limited to 2400bps, 386 processors, bus speeds of 7Mhz, and these things are never updated.

      As quite a few people here use naive bayesian filtering on their email, it doesn't seem entirely out of sorts that Carnivore and Echelon could end up extremely effective in, say, pulling out corporate secrets from specific email addresses, or other such market cornering activities.

      --
      Oddly Draconis
      Too cynical to live, too stubborn to die.
  20. Re:Wiretapping has Limited Utility on the Internet by Anonymous Coward · · Score: 0

    Ah, but 1d 4e 52 84 75 83 87 cc 12 8c b3 d0

    And it's a pain, too. (Someone mention DMCA vs Rot13, quick - maybe we can sue the people who make wiretap equipment)

  21. Nobody wiretaps my Asterisk box by salimfadhley · · Score: 4, Informative

    The whole point of VOIP, is that it becomes so easy to set up your own private voip exchange. You dont need to use your ISP for anything other than carrying encrypted TCP/IP.

    So all you really need is a VoIP system like Asterix and Pingtel, plus some standard VPN software at the sites where you need to use it.

    So with off-the-shelf and open-source software you can create a network that is both isolated from and most likely incompatible with federal wiretaps.

    1. Re:Nobody wiretaps my Asterisk box by Lucky_Norseman · · Score: 1

      Of course, since you don't have a backdoor for the federal wiretap, their next step would be to just make your server illegal.

    2. Re:Nobody wiretaps my Asterisk box by Anonymous Coward · · Score: 0

      Very true. Since they want to wiretap those lines that hit the PSTN, the wiretapping is completely useless. They'll spy on Joe Dumbass, while the real evil doers (in their terms) merrily go about perpetrating their nafarious deeds. Asterisk -> VPN -> Internet -> VPN -> Asterisk. What they can't stand is the fact that someone else now has the upper hand. Even w/out a VPN between endpoints, how the hell could they monitor all those calls going over the internet. It's a stall tactic and nothing more. The internet will forever
      change the way we communicate and is bringing back our right to privacy. Hail Freedom!!

    3. Re:Nobody wiretaps my Asterisk box by salimfadhley · · Score: 2, Interesting

      Yes, and with a precedent like that, it will not be long before every server has to have a wiretap for any kind of communication (not just spoken or audio).

      Imagine, when you buy a new server or firewall, the company that pre-installed it has to give a root password to the government so that you cannot possibly run any kind of unauthorised communications service.

  22. Why should... by jeffkjo1 · · Score: 4, Insightful

    Why should the government require private corporations to pay to give the government easier access to their networks. That's what this is, an unfunded mandate. The government doesn't care how technically difficult this is, or how much it would cost to implement.

    1. Re:Why should... by Anonymous Coward · · Score: 0

      Not only shouldn't the companies be stuck with the
      bill, but any goverment funding should come out
      of the Justice department's budget.

    2. Re:Why should... by ebresie · · Score: 1

      IANAL

      I guess this is a matter of how much you trust them and what is being done by the companies and their customers.

      We know how willing corporations are to follow regulations...that's why we have no problems with corporate corruption.

      --

      Eric B
      ebresie@gmail.com
    3. Re:Why should... by geekee · · Score: 1

      How is this arguement different the the myriad of other federal regualtions companies must comply with? Complying with govt. regulations costs money, whether it's pollution control, tests to satisfy FDA requirements, safety test on cars, etc.

      --
      Vote for Pedro
  23. What's so difficult about it? like tapping X.25 by crovira · · Score: 1

    All you need is a point anywhere along the network to receive all of the packets on that network.

    If its not your IP address, you're supposed to ignore 'em. They want to bug the phones, they don't ignore 'em. Its called sniffing.

    --
    MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
  24. FCC Attachment Upload by Nuclear+Elephant · · Score: 3, Funny

    Send Comment Files to FCC (Attachments)

    BAD idea. I wonder how much ASCII Donkey pr0n they're going to get.

    1. Re:FCC Attachment Upload by Anonymous Coward · · Score: 0

      So, you're saying there's some use for the ASCII of the goatse guy?

      *shudder*

  25. Echelon by Anonymous Coward · · Score: 0

    Can't they simply ask the NSA to fork their incoming data streams?

    Those who think that they're not getting tapped already by default are a little behind the times...

  26. Re:Wiretapping has Limited Utility on the Internet by Anonymous Coward · · Score: 0

    Keep in mind that the reason why wiretapping has ++utility for telephones is that tons of legislation prohibit the use of encryption on phones. It is not a technical issue at all; phones are not inherently unencryptable. It is a law, and the right to crypto. online is still on the line.

    Still, I agree that (for now) it's a lot harder to lock down computing devices...

  27. durisdiction by Anonymous Coward · · Score: 2, Interesting

    what happens to the rights of the other party in the conversation if the conversation happens to be international?

    1. Re:durisdiction by Anonymous Coward · · Score: 0

      Yeah, what if i am comunicating from the UK to the UK but the data is routed through a US server?

  28. Re:Wiretapping has Limited Utility on the Internet by Oddly_Drac · · Score: 2, Interesting

    "The culprit would confine herself to only those forms of electronic communication that can be encrypted."

    Not necessarily...this would tend to hold true where the 'culprit' had knowledge of decent levels of security or any technical expertise. There are more spammers out there that know about the technologies concerned than 'terrorists', who've been getting unwarranted 'bigging up' by Hollywood.

    The main problem with all of this is that people don't trust their government to take a dump without handy instructions, and are very suspicious of motive, as some revelations regarding the 'trade' uses of Echelon have shown.

    Add to this the problem of quasi-governmental individuals having a go themselves, and essentially we're heading for a time of outrageous suspicion connected with every human endevour.

    Scary times ahead.

    --
    Oddly Draconis
    Too cynical to live, too stubborn to die.
  29. How about... by LilMikey · · Score: 4, Insightful

    ...creating holes and backdoors in these services will lead to exploits of those holes and backdoors above and beyond our kind benevolent government. Only a fool thinks that ISPs and government are above the curve when it comes to hackers.

    --
    LilMikey.com... I'll stop doing it when you sto
  30. Feedback To Government by Anonymous Coward · · Score: 3, Funny

    If you have a comment on why you don't want the governemnt reading your email please post it here.

    Or simply email your comment to a friend ;-)

  31. They'll only catch what the bad guys give 'em by mnemotronic · · Score: 4, Interesting
    If I were a bad guy, intent on committing something evil, here's what I'ld do:

    1. Setup several email accounts. Most are reserved for sending bogus traffic (trolling for ye olde jack-booted thugs). One or two will be reserved for actual correspondence.
    2. When zero-hour approaches, send messages indicating "something will happen in (some place) on (some date)" using the trolling accounts. The message is intended to draw attention and resources away from the actual target and attack methodology. These would be encoded using a method with known problems. The encoding method used should be crackable, but not easily - We can't appear to be too st00pid.
    3. Send all "real" correspondence via high security encryption. To make it more interesting, I would pre-arrange with my cohorts that only messages sent at certain times of day, even using the "real" accounts, would be considered valid. All other messages would be "bait".
    I'm sure I'm not the first to come up with something like this. I'm pretty sure the Allies sent many bogus messages prior to the Normandy invasion.
    --
    The Russians have won. They have made the world a cesspool of distrust, greed, fear and hate.
    1. Re:They'll only catch what the bad guys give 'em by should_be_linear · · Score: 0

      Why not just pickup a phone and say "Sister will come to New Yourk on Tuesday, If she refuse to operate, I will bring Grandma there myself."

      --
      839*929
    2. Re:They'll only catch what the bad guys give 'em by Anonymous Coward · · Score: 0

      And since that's exactly what the "bad guys" will do, what good is wiretapping?

    3. Re:They'll only catch what the bad guys give 'em by chadjg · · Score: 1

      Send all "real" correspondence via high security encryption.

      No! Even if they can't crack the encryption, this still gives information away. Prudence dictates that all correspondence flows look the same and that all channels be completely full at all times.

      Even information about the information is useful

      --
      Why do I have this? I don't smoke.
  32. Feds back wiretap rules for Internet by tecman84 · · Score: 1

    What are they saying here what are you ideas on this take of the FCC stnad ? Broadband providers and Internet phone services must comply with wiretapping requirements designed for the traditional phone network, the Federal Communications Commission said in a preliminary decision Wednesday. Rad More http://news.com.com/Feds+back+Internet+wiretapping +rules/2100-7352_3-5296417.html

  33. Blackmail heaven by should_be_linear · · Score: 0, Offtopic

    If Ashcroft's ideas materialize, which is unfortunately likely, we will be able to know what "dirty and unaccaptable" sites was Democratic candidate visiting since he was 5 years old. Actually, Kerry is last candidate that have at least theoretical chance to win elections, simply becouse his is too old to have all his logs stored in goverment backup.

    --
    839*929
  34. Snap, just like a light switch? by JPelorat · · Score: 1

    Right, because covert government abuses were completely unheard of before 2000 and will be completely unheard of again after Kerry takes office.

    --
    Hokey statistics and ancient misconceptions are no match for a good thought in your head, kid!
  35. The real issue is by $RANDOMLUSER · · Score: 1, Insightful
    This is going to cause a major re-architecting of the Internet infrastructure. It's going to cost the ISPs a fortune to implement, which they're going to pass along to us.

    And there is zero utility in having CALEA compliance on the Internet.

    --
    No folly is more costly than the folly of intolerant idealism. - Winston Churchill
  36. The Patriot Act passed 95-0 or so by Anonymous Coward · · Score: 0
    VOTE IN NOVEMBER AND PUT AN END TO THIS HORSESHIT.

    Yeah, right. The Patriot Act passed 95-0, or something like that.

    And a certain Senator who's running for President voted for it. What in this whole universe makes you believe that voting Democrat in November is going to help reduce the power of the government?

    1. Re:The Patriot Act passed 95-0 or so by Anonymous Coward · · Score: 1

      And a certain Senator who's running for President voted for it. What in this whole universe makes you believe that voting Democrat in November is going to help reduce the power of the government?

      The Patriot Act passed with a little less than that but you are completely correct, he did vote for it. But no one seems to understand the historical perspective. They passed it under duress.

      Anything is better than having the fascists have another run at four years of rhetoric and 100% power in the house/senate *and* the Supreme Court.

    2. Re:The Patriot Act passed 95-0 or so by Anonymous Coward · · Score: 0
      Anything is better than having the fascists have another run at four years of rhetoric and 100% power in the house/senate *and* the Supreme Court.

      Well then, the Democrats better drop their obeisience to the ultra-left wing of their party if they want to get back in power. The US of A isn't interested in politicians who are selling the "rich are rich only because they exploit everyone" line of class-warfare rhetoric.

      Of course, since you labelled the current administration "fascists" you're probably a part of the ultra-left wing that's doing such a wonderful job of keeping the Democrats out of power....

    3. Re:The Patriot Act passed 95-0 or so by Anonymous Coward · · Score: 0

      Of course, since you labelled the current administration "fascists" you're probably a part of the ultra-left wing that's doing such a wonderful job of keeping the Democrats out of power....

      Actually I am a true Republican and not one of these new-aged fascist/big-business Republicans. Bush and his group of cronies makes me EMBARASSED to be associated with them.

      They should be broken off into the Religious/Right-Wing/Conservative/Fascist Republican Party and leave the rest of us to run the country the correct way.

    4. Re:The Patriot Act passed 95-0 or so by shawb · · Score: 1

      It was close to this, with one nea and one abstain. Finally, something to make me proud of Wisconsin senators, what with us historically having a history of senators who kinda go against the whole freedom thing.

      --
      I'll never make that mistake again, reading the experts' opinions. - Feynman
    5. Re:The Patriot Act passed 95-0 or so by Anonymous Coward · · Score: 0

      Which democratic party have you been watching? "Obiesance to their ultra left-wing"? The Democratic party has done its absolute best to look like the Republican party, only with a slight edge towards environmental responsibility and fiscal responsibility. Obiesance to the ultra left wing would be them introducing bills to promote gay marriage at the federal level, and bills to decriminalize marijuana. What we have now is lip service to the center, and Democrats dodging right.

      Stop getting all your news from Fox. As a matter of fact, stop getting all your news from one source, period.

      Not only that, but do you know what a fascist state is? It is a corporate state where anything less than hyper-patriotism is illegal. When the president says that dissent is treasonous, and the vice president is giving billion dollar no-bid contracts to the company he was CEO of, then it sounds like we've got both hyper-patriotism and corporatism from the guys up top. I'm not claiming Kerry is much better, but damn, he really can't be worse.

    6. Re:The Patriot Act passed 95-0 or so by Anonymous Coward · · Score: 0

      Yes, if I recall from political history, some of the elements of fascism include:
      A right-wing government
      Strong nationalism.
      Government coupled with business interests.
      Two-class society.
      Extending a nation's authority by territorial acquisition.
      Reactionary policies

      And some other things. Obviously this a broad stroke of the brush but I can't help but feel we are moving in this direction more and more.

  37. Crackpot Theories by Anonymous Coward · · Score: 0

    The loonies around here actually believe that echelon is tapping all internet traffic, despite the actual logistical and technical hurdles that would need to be overcome to keep such activities from the public.

    1. Re:Crackpot Theories by Anonymous Coward · · Score: 0

      It's the undersea cables, doofus. They take the Navy's subs down there before they go active and splice in their equipment.

      AIEEEEE!

    2. Re:Crackpot Theories by Anonymous Coward · · Score: 0

      Yeah, I'm sure the companies that have millions invested in international data communications infrastructure are incapable of performing routine maintainence of their cables or knowing what goes on with them, for that matter.

      (Also, many of the crackpots claim that every major domestic internet traffic exchange is monitored by ECHELON remotely.. as if none of these facilty operators would not be aware of the strange fiber coming into their facilities from Langely, VA or the peculiar tampering of their equipment that would have taken place).

      The people who actually believe all this stuff have absolutely no clue as to the infeasability of this endeavour from a technical and a secrecy point of view. How is the average network operator not going to know that the government is tapping their core routers (don't give me some NDA BS, the government requires much more invasive security clearances for much more trivial matters)? How does a overseas cable operator not know when someome tampers with their cables?

      Sorry, you guys are all loonies.

  38. Compiling it yourself by Anonymous Coward · · Score: 0
    If you are that worried about NSA backdoors, download a 100% Open Source encryption solution (I think GPG fits that definition) and compile it yourself.

    And what if the compiler has a back door?

    That's not just an academic question. It's happened

    1. Re:Compiling it yourself by pixelpusher220 · · Score: 1

      How about writing your own compiler?


      --
      People in cars cause accidents....accidents in cars cause people :-D
    2. Re:Compiling it yourself by Jonathan+the+Nerd · · Score: 1

      What if your text editor has a backdoor?

      --
      Disclaimer: The opinions expressed are not necessarily my own, as I've not yet had my medication today.
    3. Re:Compiling it yourself by NuclearDog · · Score: 1

      Allow me to point out, that if the government really wants your secrets bad enough to put a backdoor in your compiler, text editor, pencil (which you'll be using to compile the code you wrote with a pencil and paper since your text editor is back-doored...) you probably shouldn't be transmitting them over the internet anyway.

      ND

      --
      This statement is forty-five characters long.
  39. straining an already over-strained system? by inmate · · Score: 3, Interesting
    the BBC just ran a story on how the FBI are already drowning under a huge backlog of telephonic recordings.
    http://news.bbc.co.uk/1/hi/world/americas/3696344. stm

    any more 'surveilance' just doesn't seem very practicle to me.

    --
    --- blackironprison, where ignorance is bliss....
  40. Well I'm Writing in by Nuclear+Elephant · · Score: 5, Insightful

    For those of you who don't take crap like this seriously, just look at how far we've come with disolving American's rights since pre-9/11. I don't care if they don't take me seriously, I'm at the very least chiming in with them. Here's my comments to them below.

    I have been involved with Internet architecture and security for more than ten years. I must warn you that what you're about to do will be devastating to privacy on the Internet and will ultimately lead to such a strong distrust of the Internet that it may render it useless for any type of corporate or personal communication. There are three very serious issued here that must be discussed.

    First, the effects of putting a full-blown monitoring system in place, aside from its immense cost to the taxpayers, will ultimately lead to only one conclusion: a wide open hole for any Internet hacker to direct their exploits at with the reward of full access to anyone's information on the Internet. Security of such a tool would be futile, and trusting a government agency with the security and management of such a tool dangerous in light of the government's inability to secure their own systems. Privacy concerns, corporate espionage, and even snooping on other government agencies are all serious concerns that would undermine America's use of the Internet.

    Second, Abuse by those in control. Supreme court justices and high officials are not those many are concerned about with regards to abuse - these individuals are not the individuals who are commissioned to secure and manage such a system. It is underpaid government systems administration staff who would be responsible for managing it, people who are very likely to abuse their power to snoop on the private correspondence of others. Keep in mind we're not necessarily just talking about email, but personal media (pictures for example), online banking communications, and even possibly streaming video which should remain confidential from prying eyes.

    Third, Electronic correspondence is all too easily analyzed and mined. Clandestine government operations to collect and store data about an individual over a period of years could easily compromise the integrity of the Internet as a whole and lead to the unjust profiling and intervention of law enforcement agencies who seek to use the information for purposes other than wiretapping.

    I sincerely hope you are giving this the most critical analysis possible. The 1994 CALEA law was not passed for Internet surveillance; it was passed for telephone wiretapping. In 1994, the Internet wasn't a legislative concern, therefore to allow the FBI to apply this act to the Internet's backbone is a terrible travesty of justice. Do not allow the FBI to become the legislative branch! Demand that a law be passed specifically for Internet wiretapping before you consider anything. If a system like this were to be put in place, I for one would strongly consider abandoning the Internet and I suspect millions of others would do the same.

    1. Re:Well I'm Writing in by Anonymous Coward · · Score: 1, Interesting
      Well thought-out. The only problem is that you're almost 100 years too late.

      Our Constitution became bird-cage liner in the period 1910-1935. Privacy? WHAT privacy? There is no explicit reference in the Constitution or its amendments to any right to privacy. It has only been Supreme Court decisions of the last 30 years that have even mentioned it ... interesting (but necessary) invention of the Judicial & Legislative Branches; just that it's a few decades too late. We needed these laws and precedents in the period 1909-1919, when the foundation for today's police state was lain.

      The second, fourth, eighth, and ninth Amendments have been so twisted by those same Supreme Court decisions as to render them -- in many cases -- the exact opposite in effect as they were intended.

      A lot of people are dumping responsibility on Bush and Ashcroft ... I guess a lot of these people weren't around for FDR, LBJ, Nixon, or others who really bear the blame for what's happened; good intentions or no.

      The fact is that it won't matter who's in charge: the US Government is a self-sustaining, power-mad group of professional bureaucrats who are not held accountable in any way ... not even the President of the US can discharge tenured civil servants (Anybody remember Jimmy Carter? Guess not ... how about Ronald Reagan and PATCO?) It's been this way since the early 20th Century, and I don't see any way to stop this snowball from continuing its downhill roll. It's gotten so large with so much inertia behind it and power so entrenched in bureaucracy that whoever does try to stop it will get squished. Don't believe it? Go ahead: fight the DEA. I dare ya.

      Pre-9/11? Ha. Try more like pre-1911. Wasn't it Benjamin Franklin who said that there would always be those cowards around who would trade security for liberty? With the brief exception of the Second World War, we have our grandparents and great-grandparents to thank for what's happening today. Taxation, anti-drug laws, kneejerk reactions to crime ... you name it, they all got us here. Sorry: the FBI has been a de facto legislative entity since its formation ... you're way too late.

      Bottom line: the Preamble to the Constitution essentially says that if you don't like it, revolt. Oops ... the Second Amendment is bird-cage liner. Oh, well ... keep feeding those illegal weapons caches, folks -- that is, if you don't get arrested first.

  41. Libertarianism will exist later. by Thinkit4 · · Score: 1

    We are not ready yet. Our post-singularity forms, once we find out how to host sentience as the thalamus in the brain does, will need no government. Self sufficient, we can travel the universe in small groups or perhaps alone.

    For now, balance seems wise. A brain researcher can work better in a safer world, and if some snooping helps with that, then it's a balance.

    --
    -I am an elective eunuch.
  42. Im Concerned About Cost by Thrymm · · Score: 3, Insightful

    If this passes and becomes mandatory, you know who gets the shaft in the end? The people. VoIP companies will blatently use this to pass the buck and probably even moreso than what it will cost to implement the back door all in the name of the dollar. The people get screwed on rates as it is in many cases, here's another to pill to swallow!

  43. Just another tap of the hammer. by ardustry · · Score: 0

    Like a rock sculptor at work, so is the Federal government: chipping away slowly but surely, until the people only have the right to eat, work, and sleep. Each right which is removed, ammended, vetoed, filibustered, etc, is another one we lose. All the while, we party all night, work hard all day, and spend our lives paying the taxes which make it possible for someone else to tell us what we can do, when we can do it, and who we can do it with. And we have the media to thank for a lot of it. They keep the American Consciousness skewed with political scandals, racial issues, and anything else they can throw into young minds that feed on it like rats on cocaine. Remove the media's ability to lie and distort the truth, and things MAY start looking up. Remove politicans from being able to serve special interests, and things MAY start looking a lot better. And if we ever figure out that elected officials are usually not the BEST official, just the one with the most money and best connections, we may be able to change things.

  44. And that's a *good* thing? by Anonymous Coward · · Score: 0
    He will be able to put less conservative individuals on the Supreme Court.

    And this is good why?

    Let's look at the FLA Supreme Court in the 2000 election. They obviously - along with a lot of other folks - thought that Al Gore deserved his recounts. The existing laws of the land were an obstacle to be overcome in order to wind up with the outcome they thought was right.

    Anyone who doesn't see the ultimate peril in that line of "reasoning" is truly scary. Such belief in getting the "correct result" despite what the law says is a huge step towards anarchy and the destabilization of society. Especially when the "right" decision is so obviously politically based.

    It's not a very large logical step from "we don't like the pre-existing laws that prevent the election outcome we want" to "we don't like you in power so we're mounting a coup". They are both based on the rule of man over the rule of law.

    The rule of man over the rule of law is what results in Pol Pot, Idi Amin, Adolf Hitler, and Joe Stalin: "We want this political result, but the law doesn't allow it. To hell with the law."

    That's why the US Supreme Court voted 5-4 to end the entire Florida fiasco, 7-2 to prevent selective recounts, and 9-0 (read the whole damn decision!) to rebuke the Florida Supreme Court for being a bunch of overreaching results-oriented idiots.

    1. Re:And that's a *good* thing? by baerm · · Score: 2
      The rule of man over the rule of law is what results in Pol Pot, Idi Amin, Adolf Hitler, and Joe Stalin: "We want this political result, but the law doesn't allow it. To hell with the law."


      hmm, you mean like putting people in jail without representation, without charges, without notification (i.e. even admitting that they were even jailed), for an indeterminant amount of time. That would cover the laws included in at least the 4,5 and 6th amendments or maybe you mean that congress has the power to 'declare war', so we must not actually be at war :) (IMO Congress deserves a lot of blaim for letting the President be 'at war' without Congress declaring war, they should either declare war or not allow it. This wishy-washy, we'll fund a war but not decare one is morally and ethically bankrupt)

      That's why the US Supreme Court voted 5-4 to end the entire Florida fiasco, 7-2 to prevent selective recounts, and 9-0 (read the whole damn decision!) to rebuke the Florida Supreme Court for being a bunch of overreaching results-oriented idiots.


      I don't know (or remember) enough of the details to agree or disagree with you on this. Although I'd go along with both your argument and with the reverse. Anytime a voting outcome is within the error of margin of the voting method, the outcome is going to be decided by a political decision. In this case, I'm shocked, shocked that gambling is..., I mean that the court where 7/7 judges were nominated by Democrats supported the Demorcatic Party candidate and the court where 7/9 judges were nominated by Republicans supported the Republican party candidate.

      While it may be a bad sign for the independence of the judicial branch, it's hardly suprising.

      (of course, having the whole state re-vote and hoping the outcome wasn't in the margin of error may have been a good choice, at least to try it once. I don't know the Florida voting laws well enough (ok, at all ;) ) to know if this would have been legal, but it does seem like it would have been the right thing to do, sigh...)
  45. Finally....encryption? by jls2151 · · Score: 1

    Is this what is will finally convince people to use encryption for email, VoIP, etc.? Why are we not looking for a technology answer to this encroachment into our lives by government? I am not talking about a PGP/GPG package, I am talking about encryption *built-in* to Thunderbird. I am talking about encryption marketed for VoIP in a convincing fashion. What will it take to get the government out of my business?

  46. Can we be saved ? by flyingace · · Score: 1
    Obviously only a terrorist wouldn't want the government to see their traffic.

    Thats really convuluted(sp?) logic. My question really would Democrat vote in november save us ? Will Kerry have the balls to stand up against FCC ? or will "its for the children", "remember 9/11" logic sway his hand ?

    these are sad time




    1. Re:Can we be saved ? by nuggetboy · · Score: 1

      I believe that was sarcasm.

  47. That's a good question by Anonymous Coward · · Score: 0

    "Why the hell are they asking people for arguments against it? It's obvious it's unnecessary. We have processes in place to allow for wiretaps. The processes might not be easy and that's a GOOD THING."

    That *is* a key question, now isn't it?

    The only possible reason would be to make the process a lot easier and automatic, don't you think?

    Phone companies currently roll over and handle these things fairly automatically right now. No checking, and no questions. Just a salute and a "Yes sir!".

    They want this for convenience of course. It's a lot easier to bypass the existing so-called checks than it is to implement the technology.

    And who knows what the CIA or NSA are doing, now that they are moving back towards spying on U.S. Citizens again.

    All in the name of "keeping us safe". Personally, I think Bin Laden seems to have been all too successful in destroying the America we once knew.

    Welcome to the America of the 21st century. Your papers please.

  48. scroll down more, you don't have to by apachetoolbox · · Score: 1

    there's a box at the bottom... under the big "OR" ... you can just leave a short 70 character comment if you dont want to leave all your vital info.

  49. How is this different from phone tapping? by HighOrbit · · Score: 1

    Cue the ill-informed Ashcroft bashing.

    We all (well.. all of us who aren't conspiracy nuts) recognize that the Government has the right to tap a telephone line under limited circumstances, with probable cause, and with a court order. I don't see why the "internet" or "on-line" should be any different. As long as the right checks and procedures exist (like court orders) and are followed, then there will be no problem. Remember, any information that is gathered is subject to challenge by defence lawyers in court before it gets used as evidence against the accused. So there is actually at least two levels of checks in place - one before permission is given for the tap and the second before what is gathered becomes admissable evidence.

    1. Re:How is this different from phone tapping? by Anonymous Coward · · Score: 0

      Yoyu're an idiot.

      Please don't have children, because there are already enough idiots.

    2. Re:How is this different from phone tapping? by ddelrio · · Score: 1

      Conspiracy nuts, huh? The same people who accuse others of being "conspiracy nuts" are often those who believe in a "left-wing media conspiracy". So, unlike every other time in history, today, powerful people in government are just looking out for the best interest of the common man--and do not, in fact, cater to industry and special interest groups; but every reporter at The New York TImes hates America? Riiiight...

    3. Re:How is this different from phone tapping? by ddelrio · · Score: 1

      To answer the question that appears in the title of your post, there are many ways in which Internet taps differ from phone taps. For one, people don't often buy their prescription medication over the phone. People don't send naked pictures of themselves to their significant others over the phone. People don't often buy books or CDs or any number of other things that could be used to construct a psychological profile of an individual over the phone. The purpose of government is to serve and protect the people. They are not our supreme overlords--they are our elected servants--and they should start acting like it.

    4. Re:How is this different from phone tapping? by Anonymous Coward · · Score: 0

      Why does the government care if I send naked pictures of myself to my wife? Or if I buy perscription medication over the internet? I don't relish the idea of giving anyone an all access pass to my life, but if they suspect I'm going to harm someone, and can convince a judge of it, I want them to look at me. If there is something you want to keep private, don't put it on the internet, it just isn't reliable. I would be more concerned with terrosists stealing my identity then the government comparing their junk to mine.

    5. Re:How is this different from phone tapping? by ddelrio · · Score: 1

      Why would terrorists want your identity? Do you look like a terrorist? I suspect your last name would be a dead-giveaway. There are countless examples of government-gathered data leaking out onto the Internet. I guess your argument is that, the next time they accidentally leak your personal information on the Internet, they'll be able to tell you who read it.

    6. Re:How is this different from phone tapping? by HighOrbit · · Score: 1

      Actually, people do all those things on the telephone every day (except the pictures - but they do have intimate conversations that could be embarrasing if made public.). So you have shown no substantial difference between phone tapping and internet tapping.

      You're right about the purpose of the government being there to protect the people. It is the government's first duty. That's why they have law enforcement functions like wire-tapping to protect the public from those who would do it harm.

      I'm not saying internet tapping should be wide-spread or have lax controls. But it should cause no more reason to panic than telephone tapping, which is fairly non-controversial because it is subject to strict court control.

    7. Re:How is this different from phone tapping? by slcdb · · Score: 1

      It is different from phone tapping.

      One significant difference between phone-tapping and Internet tapping that comes to my mind is that over a phone, a voice is usually going to be identifiable. Bits on a wire, however, are a lot less identifiable.

      If the FBI records a murder-for-hire plot over a telephone, and the voice they record is clearly not mine, then it is hard to pin that crime on me.

      Over the Internet, there is no voice to provide that fingerprint. IP addresses are no good, because, even if the IP address belongs to me, how can they prove that I was the one actually operating the computer?

      --
      Despite what EULAs say, most software is sold, not licensed.
    8. Re:How is this different from phone tapping? by HighOrbit · · Score: 1

      That's a good point, how can we reasonably establish identity? However, in order to get a warrent, the police have already proved to a judge that they had probable cause to suspect *YOU* and not some random person. Therfore, the evidence gathered through the tap would not be in isolation. There would be other evidence pointing to you and not your roomate and not to some random person using the computer.

      You could make a similar argument about your car's license plate. Does the fact that a get-away car at a crime scene had your licence plate number make you undeniably part of the crime? Does it by itself undeniably point to you? It could have been stolen or spoofed. Somebody might have been using your car. All of those things could be true, but a reasonable person would conclude that you are most likely responsible for what your car does, unless you have some albi to show you were not driving it when the crime was committed.

    9. Re:How is this different from phone tapping? by ddelrio · · Score: 1

      Okay, then. I have an idea... Why don't we allow the government to place cameras in every room of our homes--but they promise to only view them when a judge agrees there's a good reason to. How's that sound?

    10. Re:How is this different from phone tapping? by HighOrbit · · Score: 1

      That's not part of the proposal under discussion, but a strawman argument. The proposal is to require the ISPs to have a faculty to allow interception of the target communications within their systems the same way that the telephone companies now have that faculty. That could be done anywhere in the ISP's system. Most likely it would be done at the routers in the ISP's backroom.

    11. Re:How is this different from phone tapping? by ddelrio · · Score: 1

      Actually, it's a tin-man argument--and it's not really so different from your own. Our government still lacks the ability to tap those citizens (aka potential terrorists) who might be discussing illegal activities at a mall food court. I'm merely suggesting they get on the ball--just in case.

    12. Re:How is this different from phone tapping? by Anonymous Coward · · Score: 0

      "OpenBSD. Minimal, Correct, Secure."

      If you think any computer on the net is secure, you are a fool.

  50. Ability to tap, or reason to tap...the difference. by Jonny+Royale · · Score: 2, Insightful

    Question: Do the same rules that apply to tapping phones apply here?
    IIRC, in order to get a tap, the law enforcment folks have to get some kind of warrant from a judge, and the have to show proabable cause as to why they want the tap. And even after they get it, and the records, the defendant can still challenge the original warrant, and have the wiretapping thrown out at trial. I think.

    If the same requirements exist for tapping someone's IP connection, then what's the worry? So the ability to do the tap is there. What I'm really worried about is the standard thats applied to use the tap. I don't want some fed going to a judge and saying "at some point, he typed the word terrorist into a comment on a message board" and that being all they need to get the tap.

    The same sort of standards should apply to IP and VoIP taps as exist for phone taps..unless the Patriot Act took that all away already. I think that's what the EFF & ACLU should be pushing for, rather than trying to block the ability to tap, is ensuring the same probable cause rules apply.

  51. Obligatory by taobill · · Score: 1

    I, for one, welcome our new wiretapping FCC overlords.

  52. whats up with the favicon? by Anonymous Coward · · Score: 0

    Does anybody else think it strange that the page to submit comments to the Federal Communications Commision has the netscape favicon?

    So.. the federal commision that has nominal authority over much of internet communication in the US, is asking for more power and control over said communication, and they care SO MUCH about what the citizens have to say, that their RFC page hasnt been updated in 10 months, and seems to proclaim itself as being part of netscape.com.

    Thats a real confidence builder.

  53. My Comments: by neuroslime · · Score: 1

    I think that CALEA is a bad idea, and will only make the situation worse. For one, it will create a market for strong encrypted phone calls that will be unbreakable by Law Enforcement. It will also stifle innovation by making it harder for developers of new technology to test and deploy their system.

    If CALEA must go into effect, it should only apply to commercial providers of VoIP services that allow users to connect to any PSTN. So as to minimize the impact on innovation, it should only apply to large networks that can easily afford the overhead. I believe the VoIP provider should have at least one million paying customers before CALEA should apply. Furthermore, the cost should not be passed on to the consumer. After all, they didn't do anything wrong. If CALEA is used to catch a criminal, and that person is found guilty, then they should pay.

  54. Speech is property by Anonymous Coward · · Score: 1, Insightful

    When I communicate with someone, I "give" something to that person, and only to that person. I give them my opinions and my ideas, which shows who I am and what my beliefs are. This is why the police have to notify you that you have the right to remain silent. When you speak, you give information, which can be used against you in a form you did not intend.

    When someone snoops on your conversation with someone else, they are "taking" information which you did not authorize for them to have. They are seizing information from you, because you did not intend them as a recipient of what you communicated. In my opinion, the government snooping on you is the same thing as an unlawful search and seizure. They are taking information from you without your consent. Further, if it's your own speech and they are using it against you, you've basically self-incriminated yourself without even knowing it, since you didn't know that what you said was being logged by a 3rd party. This is not a lawful way of accusing someone of a crime. In a court room, information improperly gathered during discovery is thrown out, and cannot be used.

    (Be aware, I'm refering to closed conversations like email or private chats- where it's clear that each person intends the other as a recipient of their communication. Anything you post on the web or in a global forum is basically giving your speech to everyone, so you don't have any right to stop that information from being logged and used against you.)

    1. Re:Speech is property by Anonymous Coward · · Score: 0

      Wiretapping is like music piracy :P

  55. All for it.. it'll provoke widespread crypto. by xtal · · Score: 1

    Crypto, at least in this country - is perfectly legal, and has a decent legal basis for being legal.

    Something like this will provoke widespread adoption of cryptographic measures, and don't forget, the world doesn't stop at the US border. Worldwide adoption puts pressure on to support and that starts a positive feedback loop.

    Yes, governments will then start to clamour for backdoors - and then we can have a much more heated debate about what we want the western world to look like in 50 years.

    I suspect the truth is that nobody cares (you're not a TERRORIST, are you!), with voter turnouts the way they are - things are headed in a very unfortunate direction. It's depressing to see the same tactics, used over and over through history to change the balance of power between a citizenry and it's government.

    "Beware the leader who bangs the drums of war in order to whip the citizenry into a patriotic fervor, for patriotism is indeed a double-edged sword. It both emboldens the blood, just as it narrows the mind. And when the drums of war have reached a fever pitch and the blood boils with hate, and the mind has closed, the leader will have no need in seizing the rights of the citizenry. Rather, the citizenry, infused with fear and blinded by patriotism, will offer up all of their rights unto the leader and gladly so. How do I know? For this is what I have done. And I am Ceasar."

    It's a shame that this can't be attributed to "the" Ceasar, but you'd be hard pressed to find a more fitting quote to stirr debate.

    Freedom is not safe. Tyranny isn't safe either. What would you rather?

    --
    ..don't panic
    1. Re:All for it.. it'll provoke widespread crypto. by whitespacedout · · Score: 1

      How about this as a more fitting quote?:
      "the people can always be brought
      to the bidding of the leaders. That is easy. All you have to do is tell them they are
      being attacked and denounce the pacifists for lack of patriotism and exposing the country
      to danger. It works the same way in any country."

      That was Goering, one of Hitler's cronies. See http://www.snopes.com/quotes/goering.htm

  56. what about the damn costs by Nf1nk · · Score: 1

    forget privacy for a minute I am pissed at the cost of wire taps. I forget where I read it but that average wire tap costs around $50,000 most of that in labor. This seems to be yet another collosal moneysink for the government. Wire taps need to be harder toget if only because I don't like paying for them.

    --
    I used to have a cool sig, back when I cared
  57. But you don't have the key by r6144 · · Score: 1
    AFAIK, if encrypted protocols like SSL are used, each of the two parties just generates a new public/private keypair randomly, and they exchange the public key, using certificates to verify the authenticity of the other party's public key. After that, all traffic from A to B is encrypted by A using B's public key, so only B can decrypt it using his private key (actually a symmetric key is generated and exchanged in this way and symmetric ciphers are used after that to improve performance, but this does not matter much to security).

    I'm not a security expert, so some of the above may be wrong, but it is obvious that capturing everything on the wire is not sufficient for successful wiretapping, since the private keys required for deciphering all these information is never sent on the wire (actually they are often never written to disk either), and inferring the public key from the private key is considered practically impossible.

  58. What's a "provider"? by Gorimek · · Score: 3, Interesting

    The interesting question here is what they'll do about homegrown/open source systems. If I write VoIP software and talk to my friends through it, will I/it be considered a provider and forced to supply this tapping service?

    If no, it is so easily circumvented that it will only catch stupid and careless criminals. Note that this may well be a large portion of the target population and ebough to make this worthwhile.

    If yes, it seems extremely intrusive, and since I would be my own provider in this case, also fairly useless. When they order me to implement the tap on my self, it will probably make me more careful what I talk about.

  59. Re:Wiretapping has Limited Utility on the Internet by Anonymous Coward · · Score: 0

    "The culprit would not be submitting articles to bulletin boards on Slashdot"

    No, but what about gpg encrypted comments?
    The government urgently needs to monitor all those terrorists on /.

  60. doubleplusgood by mforbes · · Score: 2, Funny

    Attention!
    Your attention please!
    A newsflash has this moment arrived from the [suburban] front.
    Our forces in [your house] have won a glorious victory.!
    I am authorized to say that the action we are now reporting may well bring the war within measurable distance of its end.
    Here is the newsflash:
    times 17.3.04 gwb speech malreported africa rectify
    times 19.12.03 forecasts 3 yp 4th quarter 83 misprints verify current issue
    times 14.2.04 dhs malquoted code orange rectify
    times 3.12.83 reporting gwb day order doubleplusungood....

    (with apologies to George Orwell)

    --

    Allegedly real newspaper headline from 1998:
    Man Struck by Lightning Faces Battery Charge

  61. The best thing about this call for comments... by Anonymous Coward · · Score: 0

    ...is that it doesn't matter where you send your comments, the government will get them.

  62. Don't fight expecting to win... by i_r_sensitive · · Score: 1
    First off, without such a law, I think the admissability of such evidence in court would be suspect. If you want some of the undesirables (child pron distributers, etc.) off the net, there has to be a mechanism by which the government can collect and present evidence. IANAL, but without a legal mechanism for wiretapping, wouldn't such evidence be inadmissable?

    Second, the bloody thing grew out of DARPAnet right, and DARPA stands for what? And who pays DARPA's bills? I'm not drawing any conclusion here, but I won't speak for the tinfoil hat crowd.

    Three, *anyone* with the right knowledge and tools can intercept/block/eavesdrop on public traffic, after all it *is* public. Given the government could accomplish this without legislation, well right back to the opening paragraph...

    Four, so the bill dies still-born, so what? A warrant for a wire-tap still can be obtained. So if your data rides your phone line, you are still screwed. Cable modems and phone-free DSL might be a bit of a challenge, but I would suggest that since the government operated from the position that it owns the infrastructure of transmission for a long long time, that there probably are mechanisms which would allow for tapping these media. IANAL, but it seems likely.

    PGP? Are you on glue? Do you really think PGP is going to protect your content? Please, think a little longer. Hell, most of the worlds fastest supercomputers live in installations with NL (LLNL, INEL, etc. etc.) at the end of their acronym, and one government agency seems to be a little shy about telling the world how fast their machines really are. If you really think PGP is going to defeat the resources of a nation-state, you deserve the prosecution you get. The kind and quiet folks over at NSA have been playing the cryptography game significantly longer than the internet has existed. Also they played against the varsity, other nation-states.

    There are good reasons to allow virtual taps, and very few good reasons to deny them. Now, the language and form of the legislation is hugely important. We accept that law enforcement can obtain a warrant to tap your phone line. We understand the mechanism, and I didn't see many of you folks protesting that. If the law is well written it will allow law enforcement the means to get usable evidence, and still have mechanisms to protect us from abuse of the law.

    There is nothing wrong with the concept, there is however significant reason to be concerned about the language and scope of the proposed legislation. So long as the proper speed bumps exist, and the required precautions taken to prevent abuse, there is no need for this law to be of any more concern to the average citizen than the wire-tapping law.

    Bottom line, like the wiretapping law, this legislation seeks to define the conditions under which an indidual's rights can be suspended. Like all criminal law really, it is a central tenent of our judicial system. The government *is* allowed to abridge your rights, that is what imprisonment is. The law itself is not unusual... ...but like any other piece of criminal law, we should be very watchful of the language...

    --
    "Talk minus action equals nothing" - Joey Shithead, D.O.A.
    "Talk minus action equals /." -
  63. My reply by PitaBred · · Score: 1

    Due to the nature of the Internet, the ability to "tap" into communications is difficult. It places an unfair onus on service providers for very little benefit, past a "big brother" ability. This is due to the ethereal nature of Internet communications. Independent enterprise should not be a legal enforcer. We already have laws that require the disclosure of records, etc. There is no need to expand the reach of the observational capabilities. Not to mention the fact that if there are any exemptions, such as outlined in paragraph 16 of the document, then that effectively undermines any impact this bill may have. If someone wishes to hide from the observation, they simply need to do their communications through a "mom & pop" ISP that isn't beholden to the rules, easily done through dial-up internet access from virtually anywhere. I would suggest a more critical eye be turned on this document, and a focus on enforcing the laws already on the books, rather than continually posturing with new bills that do nothing but harm legitimate citizens and consumers, and place naught but a minor roadblock in the way of true criminals. ================ Feel free to use this as a BASIS for your comment, if you agree with what it says. Otherwise, the FCC will see it as simply spamming them.

  64. PATRIOT doesn't work that way anymore :) by thpr · · Score: 1

    Your post is already outdated, because a court declared that unconstitutional this morning.

    1. Re:PATRIOT doesn't work that way anymore :) by Curunir_wolf · · Score: 1
      Your post is already outdated, because a court declared that unconstitutional this morning.

      That has nothing to do with wiretaps and surveillance, it has to do with compelling financial institutions from handing over confidential records.

      And it's not a provision that I'm particular concerned about. Who cares if the FBI can see my bank records? I don't. They wanted this to catch folks that were funding terrorists (get them in the pocketbook), which was an OK goal. Besides, the IRS can get that information whenever they want, and that's not about to get reversed.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
  65. Internet Security by Kumorigoe · · Score: 1

    While I think that the act, if passed, will create a huge market for encryption, I don't think that the average user will care all that much. People like us, with a thorough knowledge of such things, we are the ones that will be leading the fight. I for one will simply encrypt anything I want to be private. Just be glad that things aren't as bad as they could be.

    --
    "What I cary in this box is your utter subjugation."
  66. How Should It Be Done? by ebresie · · Score: 1

    If we don't have these types of measures...how do you do?

    I respect a persons right to privacy but..

    When all is said and done...when someone does something against the law...how is the legal system suppose to prevent illegal acts from happening or gain proof of a wrong doing in the high tech world?

    Do you pick up the pieces after the crime (and hope no one was killed or all the money was taken) or do you try and prevent it?

    If you pick up after the crime then it seems to me normal legal procedures(getting warrents, etc) are in place which requires the law enforcement to have oversite by the juducial side.

    If you take the method of trying to prevent the crime ("pre-crime" anyone?) things get a little tricker as I see it.

    You can probably stil have to have probable cause and or get a warrent to tap a given communications, but when a communication is encrypted and unable to be monitored how do you detect something that is considered suspicious...how can you get probably cause?

    --

    Eric B
    ebresie@gmail.com
  67. Had any keysigning parties lately? by Sloppy · · Score: 1
    C'mon people, just do it. Generate a key if you don't already have one. Put it up on biglumber. Then meet with other people in your area for a keysigning party. Meet others when you travel.

    Too shy to meet? Sorry to hear that; I think you'll enjoy meeting other nerds. I have. But if you can't handle it, then at least get signed by a robot. It's better than nothing. (Really. That's actually a debatable point, but I say it is.)

    We nerds can form the backbone WoT infrastructure, then non-nerd leaf-node-people can hook up to us. It's totally doable, you just have to do it.

    Then the fuckers can snoop the medium all they want, but it'll do them no good. (And looking up keys for privacy is just one of the awesome things we can do with a distributed authentication system...)

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  68. This analogy is in fact historically inaccurate by Anonymous Coward · · Score: 0
    see http://www.law.uchicago.edu/news/harcourt_nazigun. html :

    It helps to read the 1938 Nazi gun laws closely and compare them to the earlier 1928 Weimar gun legislation, as a straightforward exercise of statutory interpretation. The 1938 Nazi gun laws actually liberalized the Weimar Republic's gun-control measures regarding possession and carrying by making these restrictions applicable only to handguns, lowering the juvenile age from 20 to 18 and extending carrying permits from the previous one-year limit to three years.

    The 1938 Nazi gun laws also specifically banned Jewish persons from obtaining a license to manufacture firearms or ammunition. And about eight months later, Hitler imposed regulations prohibiting Jews from possessing any dangerous weapons, including firearms. The Nazi regime implemented this prohibition by confiscating weapons from Jews and subsequently engaged in genocide of the Jewish population.


  69. Here's what I think by Anonymous Coward · · Score: 0

    bJkqjEX1LHci3bW1ZsEBwPGgyOirIY1V+T9ATebKWRJcBO8/m9 pMSniCfQeL7DYZjr2k
    HGRBEHpKrifGMG3WZ+Lbrq5KPIGxYY 7+xRI25l4LGynKr3e6A8 c528rGzENF3x8X3ZYQ
    P6OsOpWWMge0e8vWT0D+/3rJ0mEVXp A2ceNfZ+puV3SG2iHALK cJXWalI4d8Ym9YatkR
    U2Ub7hbD6/0olSe90zVUVcn+AuDMQb 4kUUVBM/ATq+mJrgy+oZ 1mjJOzb81SnauGP/nl
    HOkrBOZfmgDALjLHtHGeEIoCrxWxSQ NMXXLFa70ZCFru8TCb2x zcyq/r/0XA2NfnCuT+
    P7vvWbpNJIbEno7GIi0s2MEVTad3TU bXecTDgCDrBwaHCO8T9T XOz5NqIVmuhnF2NEXJ
    tvNTfmn7PRVqcEwP5yMILyWNyuAACc iD1BYenfi8q+mgMXsDOp JZiQEq+4b/nQNhEan3
    FkPQqgXP0AAo4MiO6bdib6wGF2xTKB +EJ1dEbxapZpN40E83Hx 07eHudEewjAASOUdEz
    p4hYSlYGTdZagc5d0hLozPXXdLPDIa hmud+E53qcS3vB/LS3hJ o7ycF0aCwU4zXwG6fX

  70. Here is my comment.... by Anonymous Coward · · Score: 0

    NO FSCKING WAY!!!!!!

  71. Voting will solve this? by bs_02_06_02 · · Score: 1

    Voting will not solve this issue. Do you want to know why? Because 99% of the politicians in this country have no interest in solving problems, they only want to get elected and stay in power.

    Politicians will never solve issues like these. Politicians listen to the richest members of their base. For the left, that means Hollywood. For the right, it means big business. Politicians legislate accordingling. Grandstanding is common. They "reward" luxurious bureaucratic appointments as favors. These bureaucrats then sit in office, maintain the status quo. They don't want things to change. They'll buck the system every chance they can. Bureaucrats sit in office and do their very best to retain their positions by making others look bad. It's a big, serious case of CYA - cover your ass. If you do that, and don't do anything else, you probalby have a nice long career ahead of you in DC.

    Politics in this country (both left and right) are 100% aimed at celebrating their own beliefs and bashing that of anyone else's.

    For 4 years, we've heard the left screaming about the right, and the right defending their decisions. Look at what Kerry and Bush have been saying about the war on terrorism. For months, Kerry's been pointing people to his website. Finally, Edwards has come out with some steps in their plan, and it's the same shit we've heard from either side for years. "I plan to increase funding."
    The only difference is where they get the funding. The left taxes the shit out of everyone. The right borrows the money.

    Frankly, neither solution is attractive to me. I think the private sector should take over national security. Write a nice contract, take into account liability, and pay them accordingly, based on performance. Try it for a couple years. It CAN'T be any worse than what we have now. The government buys $1300 toilet seats, and $750 hammers. Contracting out would be a good solution. Pay for performance. The only thing that would stand in the way would be the unions. The unions would scream bloody murder if they weren't there to put the whole thing to a screeching halt.

    --
    -- No sig for you!
  72. Wow, that's some comparison you made there by Featureless · · Score: 3, Insightful

    "Kerry will bust you for not being nice to Muslims."

    I've heard a lot of dumb and/or partisan political statements this year. A whole lot. But this has to win some kind of award.

    What on earth are you talking about?

    Consider for a moment, crowd, moderators, metamoderators all. Is it flamebait to look at this pathetic attempt at analogy and say "horseshit?" Or is it just being succinct?

    We're supposed to seriously consider whether Senator Kerry has a forced Muslim appreciation regime? Maybe politely ask for his sources? Calmly spend time wondering what hidden diamond of wisdom is buried inside this petrified cow pellet?

    Is it somehow satisfying to just wave our hands as these idea spammers overload the mental inbox with bullshit? Have to keep calm... Every idea is equal... Have to treat everyone with respect...

    Can any outrage slip past us as long as it is outrageous enough?

    We used to have uncomplicated, plain old non-postmodern ridicule for nonsense like this. Is it extinct?

    Just curious, acvh, did you wince a little when you wrote that? Maybe even you know you're stretching it a little?

    1. Re:Wow, that's some comparison you made there by wytcld · · Score: 1

      "Kerry will bust you for not being nice to Muslims."

      Let's see, who to trust, guys who think they've been sent by God and so never have to read either the papers or intelligence estimates, or a guy like Kerry whose staff complains that he spends too much time considering all sides of issues? Well, what would you want in a robot, one that continues on blindly on a limited directive without checking with how well it's working in the real world, or one with diverse inputs and a strong drive towards creating actions actually responsive to novel threats and opportunities?

      Okay, so this is about a bill that would give the robot certain inputs. But inputs into what program? The program of a bunch of Straussians along with a bunch of Bible-thumpers allied in trying to produce their idealistic heavens on Earth (or kill us all and send us to the ones they believe in in an afterlife)? Or the program of New England pragmatism that may have its Jamesian fascination with religious experience, but that has very little patience with blind faith and inflexible doctrine?

      Would you really rather have Bush tapping your lines than Kerry? Consider how Bush's crew likes to manufacture lies to destroy people. Then consider how it might choose the people to destroy based on indicators extracted by computers from patterns in your VOIP and other Net use. Due process? Forget it. These are people who will resort to any crooked fraud to keep people likely opposed to them from voting. Look forward to similar methods to keep you from running a small business, maybe even buying a home, once they have the data to guess you might not be on their side, correlated with your lack of stature on their donor lists.

      Kerry's was comfortable enough with killing gooks - not too comfortable, but he understands the occassional historical need to off our true enemies. But the record is much stronger regarding the Bush-Rove-Cheney-Enron gang in regards to outlaw action domestically. And it's the Republicans in Congress who right at this moment are working to legalize the export of prisoners for torture. Democrats don't do that kind of sh*t.

      Now who do you trust, if they do get these unwarranted powers, to not abuse them extremely?

      --
      "with their freedom lost all virtue lose" - Milton
  73. Post your comments to E.P.I.C. - EVERYONE! by rts008 · · Score: 0

    I urge everyone on \. to post their comments with EPIC before fishing for mod points here. If you don't sound off, you have no justifiable cause to bitch about the Fed's abuses of Internet "wiretapping". If WE (all of us) don't get proactive with this shit, we've no one but ourselves to blame when all of our rights/freedoms disappear one by one....Anyone remember "Minority Report"? Do we really want to enable the "Thoght Police"? Only my humble opinion, carry on!

    --
    Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
  74. "tapping" email? (wtf) by nusratt · · Score: 1

    "if you have a comment on why you don't want the governemnt reading your email..." [sic]

    Where does it say that?
    Reading an email repository isn't the same as sniffing packets.
    (Unfortunately, it's also not illegal yet.)

  75. Predictions by Sinfest... by DigitalEntropy · · Score: 1

    To be Anonymous, or not... that is the question.
    http://www.sinfest.net/d/20040929.html/

    Tatsuya Ishida also suggests:

    "Martians invade Earth after receiving intelligence that Bush was plotting a Mission to Mars. Although they find no Weapons of Mars Destruction they insist we had the capacity to build them. Alien war profiteers reopen Alcatraz, rename it Abu Probe, proceed to 'interrogate' humans."

    --

    Thank you for reading One Man's Opinion. No participation necessary. Offer void where deemed by law or PATRIOT Act.
  76. Real URL: http://www.sinfest.net/d/20040929.html by DigitalEntropy · · Score: 1

    Sigh... damn slashcode.

    --

    Thank you for reading One Man's Opinion. No participation necessary. Offer void where deemed by law or PATRIOT Act.
  77. Re:Ability to tap, or reason to tap...the differen by Anonymous Coward · · Score: 0

    One comment - DUMBASS!

    Get your head out of said orifice. Your comment assumes that

    1) FBI are good guys who only trouble "bad" guys
    2) Judges are not corrupt, can't be bought, or simply by on the "in" track with the government
    3) You assume that there will be some hypothetical trial. Given recent laws, you can be labeled a terrorist, and all the "fair trial" horseshit goes out the window.
    4) The infrastructure will be in place, and will be abused, both by insiders and outsiders.

    This is not "don't worry". This is "move the hell off the earth", or at least out of legislative reach of the US government.

  78. Oh, please. by Fantastic+Lad · · Score: 2, Insightful
    There is already full-spectrum surveillance in effect. What? Echelon and similar systems can't understand emails or VoIP? You think high-level encryption is any defense? Give me a break. These are people who can hear your conversations in a running shower stall from freekin' orbit if they so choose. Even a lightbulb can be a two-way transmitter if you have technology sensitive enough to exploit them, which some groups certainly do.

    This FCC request is two things: 1. A piece of PR bullshit which only affects a meaningless department within a meaningless department, and which is primarily designed to shape public consciousness and herd populations. And 2. to clarify the list of trouble makers for later liquidation.

    In short, the powers that matter are not going to ask your permission before eavesdropping.


    -FL

  79. Re:Wiretapping has Limited Utility on the Internet by Phrack · · Score: 1

    so, you collect the data and either
    a) subpoena or
    b) "black-bag"

    the related encryption keys, passphrases, what-have-you.

    Securing the middle is pointless unless you've secured the ends as well.

    --
    Dump the IRS - http://www.fairtax.org
  80. My Comment by blooba · · Score: 1
    I think that the government needs to be able to wiretap internet connections, just as easily as they now wiretap phone lines. I also think that very strong safeguards need to be in place to prevent abuse of internet wiretaps.

    The opportunities for misusing a wiretapped internet connection are orders of magnitude greater than those offered by traditional phone taps. An internet wiretap is therefore a more grave intrustion than a simple phone tap, and should have commensurately stronger restrictions.

  81. your sig by geekpuppySEA · · Score: 1

    "...The course of history shows that as a government grows, liberty decreases." That is, until fags want to get married. THEN the conservatives LOVE to have the government intervene...

    --
    Intelligent Design: because MATH is HARD.
  82. #3... by SanityInAnarchy · · Score: 1

    Suppose the technology itself comes under attack. Remember Skipjack? If something like that was successful, there's more than privacy at stake, there's security itself. Crypto is used to authenticate people to their own machines -- which means the government could not only read my email, but break into my computer. This means I now have to "trust" (in the sysadmin sense) every single person at the NSA.

    Also, if someone were to use encryption involving an exchange of public keys, couldn't they use a spoken code anyway? Or even stenography over the VOIP conversation.

    I think anyone who doesn't encrypt deserves to be wiretapped. I also think that anyone who doesn't want to be overheard should be able to have their privacy.

    --
    Don't thank God, thank a doctor!
  83. RICO, wiretapping... by torokun · · Score: 1

    I just want to suggest something to think about.

    RICO, wiretapping laws, and conspiracy liability, basically led to the downfall of organized crime to a large extent in the U.S.

    The government was given very broad powers, and people in criminal law generally seem to agree that this is what it took, and why the syndicates were finally taken down.

    Sure, it's nice to have the right to collude secretly and organize secretly just for your jollies, or to fight an oppressive government, but practically speaking, I'm not sure we can live without some limitations on that, because the same freedom allows organized crime to take hold and potentially insulate the organization from any prosecution...

  84. Good luck by Anonymous Coward · · Score: 0

    -----BEGIN PGP MESSAGE-----
    Version: GnuPG v1.2.5 (MingW32) - WinPT 0.9.12

    jA0EAwMClb0qK3A7uHRgySgmQRDW+qjKLLlLNNIgNDWeS1f6 u0 QbmrwhclO0lcNm
    a0wn5X8q5VHO
    =wMCU
    -----END PGP MESSAGE-----

  85. If privacy is really important to you... by drpickett · · Score: 1

    This all reminds me of the debates that spring up when people want to criminalize firearms. As the cliche goes, "If guns are criminalized then only criminals will have guns". One may easily say the same about robust encryption. If you have communications that are valuable, you will take the steps necessary to secure them from all eavesdropping, including the government's. Nowadays, this is easily accomplished through creative use of one-pad ciphers, which, in theory, are still largely unbreakable. (was that an iceberg we just hit?) Anyway, the point is if you have communications so valuable that you do not want the government listening, then you probably also have the resources to use what the government would deem illegal encryption (no back door) and also have the resources to make any legal problems that may arise just go away. This is a really old theme that is not going to change any time soon. The one with all of the gold makes the rules.

  86. Digest this... by dteichman · · Score: 1

    First, if the feds really want to see what you are doing, the Patriot Act probably makes it really easy for them to do without telling anyone. Next, even if the current government had the fastest computers on Earth (say 10,000,000,000 teraflops; not a likely nubber; you get the idea) and they could simply bruteforce anything ever encrypted, they would still have one hell of a time trying to keep up with sheer volume. Look at the info flying around and ask yourself, "Is it really possible to save all the information that flies around the net at a given moment to HDs long enough to search it all for keywords and still keep up with the constant stream of other information coming in?" With today's technology, hell no! Plus, if they got their ability to wiretap TCP/IP lines, everyone would stick things under SSL. Encryption would be built in to everything. Your web browser inserts "http://" for you. New browsers would just insert "https". By default your FTP clent probably uses ftp. New ones would default to ftps. New VOIP software will be SSLd. With any system the feds could ever have today, the time required to decrypt info would make the ability to gather all of it useless. Nobody can tell encrypted letters to grandma from encrypted messages between terrorists. Go try listening on an SSL conversation. For those of you who might say, "The feds could just negotiate one SSL session with the server and another with you, then read it in plaintext!" The answer to this is, "What if the information over the SSL session was encrypted in it's plaintext type state." PGP anyone?