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EFF Asks How Big Brother Is Watching The Internet

MacDork writes "The EFF filed a FOIA request yesterday with the FBI and other offices of the US DOJ regarding expanded powers granted by the USA PATRIOT Act. The EFF is making the request in an attempt to find out whether or not Section 216 is being used to monitor web browsing without a warrant. The DOJ has already stated they can collect email and IP addresses, but has not been forthcoming on the subject of URL addresses. It seems the EFF is seeking any documentation to confirm such activity is taking place. One can only hope the automated FOIA search doesn't produce any false negatives or cost the EFF $372,999."

21 of 354 comments (clear)

  1. Creepy stuff by dj42 · · Score: 5, Insightful

    I don't like the idea of them monitoring web browsing, URLs, content, etc, without essentially a "warrant". I also think ISPs should not store any sort of historical browsing information. The fact there is no response as to whether or not this occurs is also disconcerting, because not only are they probably doing it, but they don't even care if we know or not.

    --
    We are one consciousness experiencing itself subjectively. Back to you with the weather, Bob!
    1. Re:Creepy stuff by Seigen · · Score: 5, Insightful

      I agree, but unfortunately since 9/11 the american government is growing more and more corrupt. The very fact that our government goes out of its way to find ways around its own rules like imprisoning people in foreign countries to get around any rights they might have adequately demonstrates this. It seems that right or wrong has almost gone out of fashion. If you can spin your arguments such that the public buys them, even if they are lies, then you win. A warrant should be required. FOIA inquires that are won in court shouldn't be returned without the information content redacted. To a very great extent the workings of our government need to become less secretive lest we lose the freedoms we cherish.

    2. Re:Creepy stuff by l0ungeb0y · · Score: 3, Insightful

      "I don't like the idea of them monitoring web browsing, URLs, content, etc, without essentially a 'warrant."

      While I agree with that stance on web browsing...
      Requiring a Warrant to monitor URL's and Content would basically put Google and Netcraft out of existence.

      Let's step back and think before we get carried away here.
      Personally, I think all "in the clear" Internet activity should be considered public. Why should the FBI be required to get a Warrant to do what any 13yr old with a network sniffer be able to do with dubious legality?

      Personally, I think a warrant should be required only to intrude upon private networks and encrypted communication protocols.
      So, in my mind, the FBI should be able to snoop on my iChat activity, but required to get a a warrant to snoop my local network activity/Hard Drives/Content if it is behind a secured firewall.

      It boils down to precident in the physical world. When you walk around in public, do you bring out your kiddie porn collection, break into shops, try to abduct little girls/boys, expose yourself to random men/women, talk about crimes you're about to or have commited in broad daylight while dozens of bystanders mill about? Then why the hell should you think that the magical interweb somehow makes that OK?

    3. Re:Creepy stuff by Martin+Blank · · Score: 5, Insightful

      A 13yr old with a camcorder can also set it up in the bushes to look inside your home and watch what you're doing. This doesn't mean the FBI shouldn't be required to get a warrant to do the same.

      In the same realm, just because they can sniff the network traffic doesn't mean that they should. They have to get a warrant to tap your phone, and they should have to do the same to tap your IM conversations, e-mail correspondence, and web history.

      Just because they can do something doesn't mean they should be able to without restrictions.

      --
      You can never go home again... but I guess you can shop there.
  2. Re:Which is more important? by flewp · · Score: 5, Insightful

    My right to privacy. Seriousely. If the FBI suspects someone of terrorist activity, it shouldn't be hard to get a warrant to monitor their internet traffic.

    It's the whole "those who are willingly to sacrifice freedom for security deserve niether" bit.

    --
    WWJD.... for a Klondike bar?
  3. Re:Quibble... by tehdaemon · · Score: 4, Insightful

    Not quite. IP addresses will only give you slashdot.org. URL's can tell which stories you went to/posted to.

    --
    Laws are horrible moral guides, moral guides make even worse laws.
  4. Why does the title... by Anonymous Coward · · Score: 5, Insightful

    ... Have to say "Big Brother"? That just sounds like typical /. paranoia. Before you mod me, consider this: By its very nature the internet is insecure. Any email you send passes through and is temporarily stored on at least several computers before reaching its destination. It's not just "Big Brother" who's watching, it could be anyone with an interest in you, really. I'd say it's more likely that a corrupt server admin, or a large corporation is more likely to read your email than the goverment. In the end the answer is simple: Use any of the myriads of free encryption programs!

  5. Re:Which is more important? by comm3c · · Score: 5, Insightful

    The difference between freedom and opression are the rights of privacy afforded to us as citizens. The idea that monitering could POTENTIALLY come up with valuable information in fighting terror is outweighed by the individual's right to maintain one's items private. I mean, if you can't even come close to a hit, is the cost of jeopardizing our freedoms worth it? Remember, under our government, even criminals have rights afforded to them that can not be revoked without due process.

  6. Re:Which is more important? by Anonymous Coward · · Score: 3, Insightful

    If only preventing terrorism is all homeland security was about. The concern is not for the intended use, but the guaranteed misuse of power.

  7. Good! by ktulu1115 · · Score: 3, Insightful

    I think this is excellent. Even if they get nothing, I still think it's a step in the right direction. Let the people be aware of what's going on.

    --
    # fuser -v /dev/attention | grep work
    #
  8. It seems odd to want privacy on the 'net. by game+kid · · Score: 4, Insightful

    Its servers and clients are connected to others around the world. How people decided to do credit-card commerce there is still beyond me, however revolutionary or secure it is now. While there are fair uses of information and rights to privacy, "Internet privacy" still feels like an oxymoron, and technology like quantum computers may soon crack encryption like SSL, so I'm doubting we can stay private for very long. (Please correct me if SSL/other forms of "https" can never be cracked.)

    --
    You can hold down the "B" button for continuous firing.
  9. Re:Which is more important? by SparksMcGee · · Score: 5, Insightful

    Terrorist Attack? Put this in perspective. As a symbol and a demonstration of the relative laxity of certain aspects of the American security net 9/11 was devastating. But statistically 2,000 people is fewer than we lose on a monthly basis to car accidents. If there's one thing that past governments have demonstrated (not to invoke Godwin or anything) it's that if you give them the power, they will take it, and hang responsible use *cough*McCarthy*cough*. The more America lets itself quietly give up civil liberties--particularly on the domain of the internet, where the only parties with a vested interest in covering their activites for the sake of a conspiracy will find relatively easy ways around surveillance, the more this country ceases to be worth living in. Who wants absolute security at the expense of being arrested and helf without charges indefinitely? (which is now legally feasible at the government's discretion. Taking reasonable precautions in the name of security is common sense, but with the best military in the world and more security legislation than is healthy already passed, this is nothing we need, not now, not ever. I'd rather sacrifice the perceived security bonus and instead continue to live in a country worth ilving in with unrestriced access to a venue whose primary purpose is free discourse--exactly what the First Amendment is meant to protect.

  10. Re:49% by FrankSchwab · · Score: 4, Insightful

    If 49% had tried to make a difference, who did they vote for?

    As has been pointed out multiple times, in the grand scheme of things the difference between R's and D's is miniscule in this country. BOTH parties believe in bigger government, BOTH parties believe in more control over the lives of citizens, BOTH parties are willing to sell you down the river in a heartbeat.

    If 49% had tried to make a difference, they would have brought in new voices to the political scene. /frank

    --
    And the worms ate into his brain.
  11. Doesn't Matter by Tony · · Score: 5, Insightful

    Terrorism is a real threat.

    You still stand a greater chance of dieing in a car crash or being shot by someone you know than getting killed in a terrorist attack.

    Terrorism does *NOT* justify the abridgement of civil rights. *NOTHING* justifies the abridgement of civil rights.

    --
    Microsoft is to software what Budweiser is to beer.
  12. Reflection on Intelligence - Embarrassing. by ClarkEvans · · Score: 3, Insightful

    I found the CBS link, where the FBI was unable to find documents that were previously released under FOIA, particularly troubling. Either there is a direct effort to render FOIA useless, or, perhaps more likely, that the FBI's computer systems are just incapable of managing even the most basic intelligence queries.

  13. Re:Which is more important? by Anonymous Coward · · Score: 3, Insightful

    Something else to keep in mind, most people don't have "Leave It To Beaver" perfect lives. Blackmail is particularly powerful weapon used to silence people; Ad Hominem attacks are excellent protection from scrutiny when framed as "credibility" or "character" issues. It is a supremely valueable political weapon to know all of your opponent's weaknesses without having to expose any of your own.

  14. Re:Which is more important? by Tsiangkun · · Score: 4, Insightful
    My privacy.

    If a terrorist attack occurs killing millions of people, the people would have been wise to reflect upon their actions. What suffering they must have caused to fuel such an attack.

    Facing the idea that Terrorism is just an artifact of the way global politics are handled will be tough for America. Given a seat at the negotiating table, and an honest ear to hear their side, who would choose terror ?

    Taking away my freedom will not change global politics, and will not reduce the root causes of terrorism.

  15. Re:No expectation of privacy by That's+Unpossible! · · Score: 3, Insightful

    And yes, I do expect a warrant before they go prying into my traffic if it never touches government servers.

    I never said the government should be able to take traffic willy nilly from servers owned by non-government entities.

    My point is, YOUR INTERNET TRAFFIC IS NOT PRIVATE.

    I expect a warrant before they go prying into my mail, too, even though it goes through several government offices prior to reaching my home.

    Then I've got a ballbuster for you -- if your illegal activity is printed on a postcard, or is noticeable from outside the sealed letter (say, a computer has detected anthrax in your envelope), they don't need a warrant to come and get you. In many cases, you've also committed a FEDERAL crime because you used the USPS to send that illegal material.

    You can't expect privacy in a public arena. Internet traffic is public. If you want privacy, use your own network or encrypt your traffic.

    Encryption is like putting on clothes rather than walking around with your naughty bits in plain site.

    --
    Ironically, the word ironically is often used incorrectly.
  16. Re:Considerations by AEton · · Score: 3, Insightful
    (We pay attorneys' rates to our counsel, and you will reimburse us for that :)

    . . .

    We don't price-gouge folks on these things. It's important for people to realise that FOI requests cost agencies money, and we will pass on whatever charges we incur to the requester.
    Well, when public agencies use neat tricks like hiring an attorney to examine documents so they can claim attorney-client privilege on files they don't want to reveal (or for various and sundry other reasons not salutary to public interest) can you really complain about the informed public's paranoia?
    --
    We recently had heard in the office over one of the Yellow Machine that's made by Anthology Solutions.
  17. Re:Most of you have it... by halcyon1234 · · Score: 3, Insightful
    If we had any control over where that "radar" was pointing, I wouldn't have an issue.

    Is it monitoring "terrorist" websites? Maybe. What about child porn websites. Possibly. Those are all concidered "legitimate" targets, right?

    Who decided?

    What if they decide to monitor pro-marijuana sites? Well, people shouldn't be smoking that stuff anyways. Hmm. Okay, then what about sites with the word "gay" or "lesbian". We can weed out those underisables. They can tag any "abortion" sites too.

    Did someone just visit a "9/11" site? Let's get them before they start thinking uncomfortable thoughts.

    And so on, and so on.

    There's a reason why search warrants exist, and this is the exact reason. If you give the "police" (fbi, police, whoever they may be) the freedom to indiscrimitaly hunt for people who "might" do something "bad", as defined by those same police, you get... well, 1984. Cliche, but poignent.

    You want to cache and store all internet requests for future review? Sure. But you better have a damn good reason before anyone is allowed to collect and prosecute with that data.

  18. a thought on the current state of the US gov't by pgilman · · Score: 3, Insightful

    there are quite a few threads under this story about civil rights in the usa and their abridgement since 9/11.

    remember when it happened? the immediate consensus afterward was that we needed to carry on with our lives as before, or else "the terrorists would have won." we couldn't allow them to cow us, by god!

    but, after all, we did change the way we live, with all this "homeland security" and "USA-PATRIOT" and guantanamo and abu ghraib and all the other abridgements of civil and human rights... the sad truth is that, thanks to the current administration, "the terrorists" did win...

    i leave you with this quote from louis brandeis:

    "experience teaches us to be most on our guard to protect liberty when the government's purpose is beneficent. men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. the greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding."

    --
    if i'm a grammar nazi, you're an illiteracy nazi.