FCC To Require Backdoor Network Access for Feds

humankind writes "The EFF is reporting that the Federal Communications Commission issued a release [pdf] announcing its new rule expanding the reach of the Communications Assistance to Law Enforcement Act (CALEA)." From the article: "Practically, what this means is that the government will be asking broadband providers - as well as companies that manufacture devices used for broadband communications - to build insecure backdoors into their networks, imperiling the privacy and security of citizens on the Internet. It also hobbles technical innovation by forcing companies involved in broadband to redesign their products to meet government requirements."

Comments

...WTF?

[Pantero Blanco]

Wasn't there a ruling just a few weeks back that the FCC didn't have the authority to regulate the Internet, which would include things like VoIP? Did that get overturned at some point?

Re:...WTF?

[twiddlingbits]

It's the actual networks the telco's own, which technically IS the Internet and technically IS not as some data (such as corporate data) travels on the networks mixed in with Internet data (i.e. a VPN over the Internet). It's really a gray area as to where the Internet stops and the carrier newtworks begin. A private, seperately routed network for say Wal-Mart using dedicated SBC/Wilco/Sprint/MCI lines would NOT be the Internet, but if they sent the data via the public side of a network then it is the Internet. Next thing ya know the Feds will want all the corporate encrypt/decrypt keys and all of our PGP keys so if the data the monitor from those they deem are suspicious they can unlock the data. Of course since they don't know in advance WHO will need to be monitored we have to err on the side of caution and EVERYONE has to give over thier keys. Even with the Patriot Act (which is well intentioned but very flawed in execution) I think this goes too far. I expect this one to be ruled on by the Supreme Court before too long. In the meantime, I guess we should all be very careful.

Re:...WTF?

[demachina]

"Nobody is at this time limiting your rights, your privacy or your liberty"

WTF are you talking about. If you are taking a subway in some major American cities today you can now be stopped and searched for no reason and with no warrent. If they catch you with a couple of joints I'm curious if you are going to jail and if they can make the charges stick since it is a blatantly illegal search. There is no probable cause and there is no warrant for these searches. They are about as illegal as they get when they start applying them to people commuting to work everyday.

In the UK the police drew guns and started shouting at a Brazilian electrician because he was dark skinned and wearing a heavy coat in summer. He paniced which is not a surprise when people start yelling at you and drawing guns. They tackled him pumped him full of lead, though he had no weapon, purely on the vague suspcion he might have a bomb. The Brits responded with, oops, sorry.

Its something of a fact of life you are surrendering your privacy to get on an airplane but last time I did it they hand frisked, intrusively, a 70 year old man in front of me. The look on his face was sickening and it was worse because they were intimately searching him in front of everyone with a little table being the only thing blocking the worst of it. At this point I'm thinking, how has America fallen this far. He didn't fit the "Terrorist Profile" either and it was probably the first time in his life he'd been frisked. The lady at the metal detector said he looked "nervous" which is apparently why he was one step away from strip search. He was nervous but only because he was deathly afraid of the security shakedown and amazingly he had reason to be.

There is a fair chance you will soon see millimeter wave scanners in airports which will in effect let total strangers see you naked everytime you go to an airport. If they work there then there is a fair chance they will eventually appear in mass transit.

"If I want to keep something private, I sure don't send it via the Internet, snail mail still works good in that respect"

You are totally delusional at this point if you think the Fed's wont open your mail if you or whomever you are communicating with is the target of an investigation.

" The fact that the Patriot Act got pretty much unanimous reapproval in the House and Sentate says it not a bad deal on the whole."

No it says the political climate is such that politicians will vote for almost any piece of security legislation, no matter how bad. If they don't their opponents will pummel them in the next election for being soft on terrorists and it will work. The quality of the legislation has nothing to do with it. The National Intelligence reform act passed by a wide margin and it instituted the first step towards nation ID cards which Americans would have never tolerated 5 years ago. It eliminated most of the safeguards against intelligence agencies spying on Americans which were instituted because J. Edgar Hoover and Richard Nixon were massively abusing those powers to spy on, blackmail and general destroy their political opponents.

" I really don't care as I'm not going to do something to bring him down on me."

Thats the spirit. I'm sure thats how most American's rationalize it. These news powers are currently only being used to hammer Muslims, most of whom appear to be innocent. You aren't Muslim, you don't fit the "Terrorist Profile" so why should you care. Germans didn't care either as long as it was only they Jews that were being persecuted because they weren't Jewish.

Awesome.

[ThatDamnMurphyGuy]

More regulations to drive up costs and actually lower security. That's our government. I can't wait for the first time that a feds-access method is discovered and published. Of course I'm sure they'll label that discovery person a terrorist.

Re:Awesome.

[paulproteus]

It's so nice to have market-loving, freedom-creating, innovation-pushing Republicans in power. And we all know Republicans are all for limiting the size, scope, and expense of government.

Wait - you're saying they added regulation that limits busineses' freedoms to innovate with broadband and adds invisible costs to the consumer? I thought that was what commies and big-government Democrats do!

Re:Awesome.

[i_am_not_a_bomba]

Wait,

So your saying that the republicans shouldn't be blamed because they have caved in where the democrats didn't?

Seriously, that's what you've just said in that post.

Sometimes i wonder if you lot would *ever* condem your partys actions, then i read posts like yours and think "no".

(I am not an american)

right to privacy

[garstka]

It's funny how you never hear the phrase 'right to privacy' nowadays. Is privacy no longer a concern to people now that we have terrorists to worry about? The things I think about and read and what I do in my personal space (yes, my computer is MY space) is frankly not the business of anybody except me. Get a warrant, then search me - I'll live with the fear of a terrorist attack, I can handle the responsibility.

Re:right to privacy

[demachina]

"Is privacy no longer a concern to people now that we have terrorists to worry about?"

The stock response is if you aren't doing anything illegal why would you care about privacy. This is only to catch bad people doing bad things. You aren't a bad person doing bad things are you? At this point you can see why only activists will fight it. Your average citizen isn't going to complain because that just makes you ripe for further attention by the authorities. The man in the suit might come knocking and ask, "Why are you wanting to use encryption and hide your activities from us Mr. Garstka."

American's don't really have much of a sensitivity, at present, as to why police states are bad. They aren't likely to start caring until its to late. At the moment its really only Muslim's that are taking the brunt of it and most Americans aren't Muslim. For example two men in Detroit were convicted on terrorism charges by the DOJ. The two main exhibits:

- A homemade video of their trip to Disneyland which the government insisted was really a surveillance tape to plan for a terrorist attack, and just cleverly made to look like a tourist video.

- A conman up on fraud charges was offered a reduced sentence if he testified against them. Predictably he took the offer. Unfortunately for the DOJ he started talking to cell mates and admitted he lied to get his charges dropped and the case was overturned, but not until two Muslim men and their families had been put through living hell for having video taped their Disney vacation.

This instance is covered in the fascinating BBC documentary The Power of Nightmares. If you want a primer on why your right to privacy is being eviscerated by the powers that be, its a good starting point. It also highlights some fascinating similarities between the neoconservatives currently running America and Britain and Islamic fundamentalism. In many respects they need each other and are using each other to attain their goals, the end of western liberalism and liberties. They both want a return to regimented societies dominated by their respective religion's concept of law and order.

Re:right to privacy

[vettemph]

You have the right to be secure in your "persons, houses, papers, and effects"

You have the right to assemble.

You do not have the right to be secure in your "persons, houses, papers, and effects" while being added with you PC to assemble in a timely and organized fashion. This new efficiency would give you the ability overthrow a tyranny. We can't have that.

SSH tunneling

[paulproteus]

I was going to reply to this with, "Well, I can tunnel my connections via SSH to add instant magic security powder," but then I realized - the server I'd be doing the tunneling *to* is on a cable modem, and it'll have all the same backdoors.

I wonder if I can trust my university's networks; maybe I should SSH tunnel to my computer science department account.

Huh.

huh?

[zappepcs]

How does this hobble technical innovation? It is a logical extension of CALEA.

I see problems with it, like Skype is not a US company and implementing CALEA functions for monitoring on Skype servers would not be legal in other countries?

I don't think that the government has a clear grip on what the Internet is yet, but by allowing VoIP to replace traditional switched circuit voice networks, they lose monitoring functions for legal wiretap operations. This just gives it back to them, though I'm not sure how they will implement it worldwide, nor do I think it can be done simply within the borders of one country since it is run over the Internet in many cases. Sure, if Comcast offers VoIP, then CALEA would apply, but I see trouble with Skype and Gizmo services.

Also makes me wonder how far the reach of CALEA will go, given the current state of anti-terrorism and related activities.

I just don't see how this hobbles innovation.

Re:huh?

[laffer1]

Innovation is hampered because US companies have the additional burden of providing the back door in their products. Its an added cost, and security hole. If I lived in another country, I would not buy American products now. As an american, i may consider buying foreign products without the back doors. Obviously i'd have to mail order them for a less than reputable source as products imported will probably need the lame back doors too!

Re:Why do they always have to be insecure?

[paulproteus]

When there's one key to the whole American Internet infrastructure, that sounds pretty insecure to me.

One malicious Fed with the access key can leak it, or eavesdrop on anyone at will. Perhaps he was blackmailed by the mafia, or wants extra money by selling info to spammers, or incentives are otherwise skewed.

Time and time again, we see that eavesdropping systems are abused by insiders. That's why limiting the availability of eavesdropping technology to exactly what's required is the most secure choice.

Freedom in the US, and implications for business.

[Anonymous Coward]

If the goal of terrorists was to destroy our freedoms and way-of-life, it is starting to look like they are winning -- and while I sure terrorism is the excuse for this law, I'm really not sure I trust the intentions or our current government.

In addition to the immediate 'what kind of country are we becoming?' blood-curdling privacy implications of this law: what is this going to do the competitiveness of American manufacturers? Other countries are not going to accept back-doors for the US government in their network products.

Re:9/11 changed everything..

[Oktober Sunset]

If you give up all rights that the US stands for, then the US may as well not exist.

Re:This is a good idea?

[Anonymous Coward]

I am once again surprised with the high mod points here. This guy is as niave as hell. It's pretty damned hard to design a secure front door leta alone a back door. This may be flame bait but it goes to show the level of technical knowledge on slashdot is dropping like a rock.

Re:9/11 changed everything..

[Anonymous Coward]

I wouldn't say that they're winning just because Americans are giving up rights. It just means we (the normal citizens, not the politicians or corporate big-wigs) are losing. The terrorists aren't necessarily winning either because our inept foreign policy hasn't changed at all.

Anyone who believes that "terrorists want to take away Americans' freedoms" is deluding themselves. They likely just interpret our foreign involvement as bullying and wish us to stop.

Re:Right to what?

[Legion303]

"right to privacy is an urban legend. Read the constitution if you don't believe me."

You first. You can start with the 9th amendment.

Re:9/11 changed everything..

[87C751]

The sad part is that the US finds that limiting personal freedoms is a viable way to combat terrorism.

No, they find that limiting personal freedoms is a viable way to limit personal freedoms. That's the real agenda. Combatting terrorism is just this year's excuse.