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

Some companies are different that others.

[Rosyna]

Cisco, for example, has complied with this new rule before it even existed.

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

[bezuwork's friend]

Just finished the bar. Don't remember it from Constitutional law but for the bar, we studied the fundimental rights pretty thoroughly. The right to privacy is a fundamental, if implied, right which in turn leads to other rights - the right to marry, to procreate, to use contraceptives, to have an abortion, etc.

So for now, it is alive and well in theory.

But scotus has taken rights that once were fundamental and reclassified them as not (forget which ones right now). So it comes down to what the scotus du jure thinks.

There was a guy in my law classes who, after 911, kept saying that we may have passed into an era where privacy must be sacrificed. I don't think it is necessary and hope he was wrong.

Related comment - last year I reported some vandalism on my property. I refused to fill out the fields for age, race, hair and eye color, etc. The police called me and refused to enter the report (I did it online) unless I provided that information. I said "why? You know where I live and I was the victim (sort of - my property was)" Their reply? "The FBI won't like it." Scary.

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: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: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:...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.