Slashdot Mirror


Limited Email Surveillance Approved

MrNougat writes "CNet reports that some surveillance of your email has been permitted by U.S. District Judge Thomas Hogan in Washington, D.C., without first requiring any evidence of wrongdoing. Curiously: 'instead of asking to eavesdrop on the contents of the e-mail messages, which would require some evidence of wrongdoing, prosecutors [of the US Justice Dept.] instead requested the identities of the correspondents. Also included in the request was header information like date and time and Internet address--but not subject lines.'"

249 comments

  1. Land of the free by Threni · · Score: 5, Insightful

    Hey, you're still kind of free. Well, free-ish. I'm sure your government is doing this for your own good. There couldn't possibly be any other reason.

    1. Re:Land of the free by forgotten_my_nick · · Score: 3, Funny

      Yea innocent people should have nothing to hide!

      http://www.workingforchange.com/comic.cfm?itemid=2 0323

    2. Re:Land of the free by tibike77 · · Score: 1

      Well, let's see.

      As a non-US-resident, I have no idea how the US Postal Service actually handles "privacy" issues.
      Although, I find it hard to believe that generic data (who sent a letter, whom it was adressed to, when and where it was dropped in the mailbox, letter weight) would be deemed "private" enough, so that the government would have absolutely no access to it, if it wanted to.
      (Note: perspective from a citizen of an ex-communist state)

      Now, think about how the US Post handles this, and ask yourself if it's any different (rights-wise) when we talk about e-mail.

      P.S. How does the "regular" post handle this in the US anyway ?

      --
      By reading this signature you agree to not disagree with the post you just read.
    3. Re:Land of the free by Anonymous Coward · · Score: 0

      I'm sure they handle it blindfolded and determine where to deliver it on the spot, without looking at it, with a computer. Anything less and I'd be outraged about the invasion of privacy!

    4. Re:Land of the free by Raven42rac · · Score: 1

      Yes, use encryption. But what happens is the one guy who uses it gets more scrutiny, if everyone uses it, then there would be less of a stigma. It starts with an inch, and eventually becomes a mile. I don't trust our elected and appointed leaders to protect my rights. My last name isn't Inc. or LLC.

      --
      I hate sigs.
    5. Re:Land of the free by Anonymous Coward · · Score: 1, Insightful

      And yet, the "communist" (more like totalitarian) states did not freely move to their past condition. In some, it was voted in for the good of their citizens. Then the gov. slowly took over whittling away at rights. Yes, some of the states were via revolution or invasion, but most certainly the first (germany) was via a vote and then a leader who slowly took away rights while pointing to a "threat" to the nation.

      If you really were from a state like that, I am amazed that you would even consider giving the state a centimeter, let alone a meter.

    6. Re:Land of the free by tibike77 · · Score: 2, Insightful

      One word: Romania.
      And yes, I don't give a rat's behind about "official" privacy policies.

      What you grow accustomed to, during a "totalitarian regime", was to be TOLD your government is good, cares for you, and so on and so forth... while all along KNOWING that if you make a false move you risk your freedom, or even life.
      That certainty of knowledge makes it more than easy to ignore any privacy issues... as you are too paranoid already to even start believing your government will do what they say they do.

      The only difference in a "free" state is that, from time to time, people actually believe the bullshit... and other times, the state gets slapped for not being carefull enough to hide he didn't respect your privacy.

      --
      By reading this signature you agree to not disagree with the post you just read.
    7. Re:Land of the free by FLEB · · Score: 1

      Now, think about how the US Post handles this, and ask yourself if it's any different (rights-wise) when we talk about e-mail.

      Yes. It's two different transfer methods. Just because one method of getting a message from A-to-B is naturally insecure, it doesn't give license for anyone to artificially introduce insecurity into a different system. By that token, the USPS should be able to open and read your mail, just like a sysadmin can open and read your email.

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    8. Re:Land of the free by tibike77 · · Score: 1

      Have you read what I wrote ? Or the article ? Or the short version of the article ?

      Any postal employee might be able to read the contents of your mail, but you might just notice something wrong about the envelope. Or you might not.
      Any sysadmin could read your e-mail, and you would never know about it. And that's almost certain.

      It's not the CONTENTS, it's the "wrapping". Sender, receiver, time and location of mail sent.

      Is it a secret for the postal service, yes or no ?
      If it's not a secret, why should e-mail be any different ?
      If it is a secret, why allow it for e-mail then ?
      I wasn't expressing an absolute oppinion, I was pointing out similarities and differences.

      --
      By reading this signature you agree to not disagree with the post you just read.
    9. Re:Land of the free by PrinceAshitaka · · Score: 1

      To play devils advocate

      If you sent a letter through the US mail. They would find out similar information without opening the letter. They would know the return address, mailing address, What day and from what post office it was mailed from. As long as they read the subject line or email It really isn't unvasion of privacy.

      And like many people have commented, if your paranoid, use incyption.

      --
      quis custodiet ipsos custodes
    10. Re:Land of the free by monkeydo · · Score: 5, Informative

      This article is neither interesting, nor informative. In fact, the summary is very misleading. The application for a pen register requires, "a certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency." No evidence of wrongdoing, my ass.

      Plus, as the article mentions, it was the intention of Congress to bring these type of "trap and trace" orders for email in line with phone lines when they amended the law more than 4 years ago, so this isn't really news.

      The Supreme Court ruled as early as 1979 that the fourth amendment doesn't require a warrant for a pen register, because you have no expectation of privacy in what phone numbers you call. I can't fathom any reason why federal investigators should have to meet one standard to get a pen register on your phone, and a different standard to get the same information for your email.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    11. Re:Land of the free by Jah-Wren+Ryel · · Score: 1
      Have you read what I wrote ? ...
      Is it a secret for the postal service, yes or no ?
      If it's not a secret, why should e-mail be any different ?


      Clearly he did read exactly what you wrote, that's why he said:

      Just because one method of getting a message from A-to-B is naturally insecure, it doesn't give license for anyone to artificially introduce insecurity into a different system.


      --
      When information is power, privacy is freedom.
    12. Re:Land of the free by elrous0 · · Score: 1
      Hey, you're still kind of free.

      Truthier words were never spoken.

      -Eric

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    13. Re:Land of the free by TedCheshireAcad · · Score: 1

      Thank you for being a voice of reason. Slashdot needs more commenters like you.

      Cheers,
      Ted

    14. Re:Land of the free by utlemming · · Score: 1

      Good point. I don't know if I want to end up on some terrorist watch list for encyrpting that the Linux User Group meeting will be at 6 on Tuesdays.

      --
      The views expressed are mine own and do not express the views of my employer.
    15. Re:Land of the free by Anonymous Coward · · Score: 0

      Land of the free Is where you can use PGP

    16. Re:Land of the free by monkeydo · · Score: 1

      With the information from a pen register -- what this article is about -- no one would even know whether or not you were using encryption. The information that investigators are allowed to collect without a warrant is limited to so-and-so sent an email to so-and-so at such-and-such time. Not that while they don't need a warrant or "probable cause" they do need to certify that they are likely to obtain information relevant to an ongoing investigation.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    17. Re:Land of the free by DJCacophony · · Score: 1

      The application for a pen register requires, "a certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency."

      And we all know how well the government is at obtaining these kinds of certifications...

      *cough*FISA*cough

      --
      Slow Down, Cowboy! It's been 60 minutes since you last successfully posted a comment.
    18. Re:Land of the free by Phillup · · Score: 1

      To play devils advocate

      Back at you...

      If you sent a letter through the US mail. They would find out similar information without opening the letter.

      No... they *could*... but it is not reasonable to think that they *would* because it would be too labor intensive to do so with very little to show in return.

      Also, they would not even consider doing this with the mail becasue it would be painfully obvious who should pay for the ability... them.

      However, not only do they do this with email because "it is easy"... they also cram the cost of being able to do it onto the carrier because "it is easy".

      Sure it is... if you pay for the setup to do so.

      In the end, it is another hidden tax from the "tax break" party... and the money goes directly to their contributors.

      --

      --Phillip

      Can you say BIRTH TAX
    19. Re:Land of the free by jc42 · · Score: 2, Insightful

      Heh. Considering the Bush administration's past attempts to attribute terrorism to citizens of Niger, and all the email that most of us get from thereabouts, we can assume that we're all going to be on the list of suspects.

      What? Niger and Nigeria are different countries? Are you sure? Do you think that Bush's people know?

      (Also, I've gotten some amazing offers from correspondents in Spain, and because of the ETA gang, that's considered a terrorist country. ;-)

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    20. Re:Land of the free by jc42 · · Score: 1

      Any sysadmin could read your e-mail, and you would never know about it.

      I've had a number of jobs where I was one of several people who were responsible for keeping the email flowing. One thing I learned early on was that it's difficult to not read at least part of the content of message while trying to diagnose a delivery failure.

      My policy has been to gently bring this to the attention of the sender and/or recipient, especially when a message was obviously not job-related. I'd let them know that I had no problem with this, unless it became a load on the system, and I only saw their messages because I was fixing an email problem. But I'd make sure they understood that anyone with admin privileges can read any message, and some of them might not be as liberal about it as I was.

      It might be good to publicise this more widely. Metaphors aside, email really doesn't have anything that corresponds to snail-mail's envelope. Anyone working on the email system can read any message if they want. Even the honest ones will accidentally read parts of messages at times, when there are problems.

      I also like to remind users of the incident a few years back, when msn.com as caught extracting things (mostly images) from customers' email and web files, and using them commercially. Their policy was that any file on an msn.com machine was the property of MSN, to do with as they like. They publicly apologized and said they'd stop, but there's no reason to believe they (or any ISP) are behaving any differently today.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    21. Re:Land of the free by Anonymous Coward · · Score: 0

      dumbass. 'encryption'

    22. Re:Land of the free by LilGuy · · Score: 3, Interesting

      Guess what happens when you don't hide your innocent opinions when they clash with the administration?

      Ask Hunter S. Thompson.

      --

      You're nothing; like me.
    23. Re:Land of the free by LilGuy · · Score: 1

      I'm running free SMTP relays! Come one come all! Send your credit card information and juicy gossip thru my servers for FREE!*

      *The service is FREE - unless you consider your e-mailed information being stolen and used for any purpose I desire, to be otherwise.

      --

      You're nothing; like me.
    24. Re:Land of the free by Atzanteol · · Score: 1

      What the *hell* are you doing posting on slashdot?!?! Where's the "land of the free" twist? The attack on Bush? The tying in of the Iraq war? The inevitable doomsday conclusion?

      Please, if you can't whine like a teenager about the state of the world, don't post.

      But kidding aside, well done. :-)

      --
      "Ignorance more frequently begets confidence than does knowledge"

      - Charles Darwin
    25. Re:Land of the free by forgotten_my_nick · · Score: 2, Insightful

      Intresting I got troll for that but I (or rather the cartoon) is making a valid point.

      You have a president that has been hiding various stuff and instigating laws to protect his backside while doing the reverse for the people of the country.

      If he was innocent he would have nothing to hide.

    26. Re:Land of the free by Anonymous Coward · · Score: 0

      So all I would need to do as a government agent is to take the allegedly guilty party's email address, combine it with a virus, send it out anonymously on the web to send bogus mail to everyone; AND then I could probably go to court and get a warrant to 'investigate' anyone I chose. Hmmm, sweet. Signed Grandma.

    27. Re:Land of the free by Tongo · · Score: 1

      Yes, and all a cop would have to do is drop a baggy of coke in your backseat to bust you for possession w/intent to sell. If an agent of the goverment is out to get you, and is willing to break the law himself, he will. It's been this way for a loooong time.

      Nothing to see here, move along.

    28. Re:Land of the free by max99ted · · Score: 1

      It isn't. And that's the problem.

      --

      Please stop APK.. you're only hurting yourself.

    29. Re:Land of the free by w1ll0w · · Score: 1

      I was confused at what the cartoons message was, but I'm assuming that it's either saying if the government released into the open all of their dealings than it would be okay if we kept the international surveillance program, or that the government can keep their secrets as long as it gets rid of the surveillance. Freedom comes at a cost. Some people believe the current freedoms are enjoyed at too high of a cost and some don't. Both sides have valid arguments.

    30. Re:Land of the free by Anonymous Coward · · Score: 0

      > The application for a pen register requires, "a certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency." No evidence of wrongdoing, my ass.

      Your unfamiliarity with evidence is depressing -- evidence is something different from "someone winked and said, ya, that guy is bad, send him to Siberia".

    31. Re:Land of the free by Anonymous+Bullard · · Score: 1
      I'd mod you up if I had points. Not only was the linked cartoon witty and relevant but this time it was you who got modded down by someone with apparent jingoistic mindset.

      My earlier post about China's genocide in Tibet which Google is helping the regime keep filtered out from the Chinese conscience was heavily modded overrated or troll by people whose only motivation can be to brush China's crimes under the carpet.

      While your post was about the worrying trend in the USA towards secrecy instead of open democracy and legality, I would like to point out that the "internet democracy", like the moderation system used here at Slashdot, easily lends itself to mob rule.

      In the field of mass media (and the increasingly important internet search field) the Chinese regime is free to spread its propaganda around the world without any institutional blocks, but the rest of the world is systematically kept out from the Chinese "media market". With the media being such a high value global business it is rather strange that the WTO has no provisions for protecting non-Chinese media businesses from the near total trade blocks set up by the Chinese Communist Party.

      But more close to home this one-sided arrangement hits the democratic moderation systems here in the "internet land of the free" where the pro-regime (in China) types are encouraged to "vote"/SHOUT DOWN views opposing or exposing their regime's policies. With a population of over one billion the Chinese regime is able to deploy a great number of blindly loyal sycophants even if their actual percentage of the population is relatively small.

      Same goes with the relatively large number of Bush apologists (either from extreme right or religious fundamentalists) who were recently estimated to be numbered at some 40-50% of the Republican Party base.

      In both cases there is a large number of single-minded fanatics who do not welcome open discourse but instead wish that their opponents be drowned out of the public debate altogether to avoid facing difficult questions.

      In its ideal, and proper functioning form, democracy incorporates various legal and moral safety mechanisms intended to protect both open public debate and the minorities from mob rule. Over here in Slashdot-land factual and hard-hittings facts can easily be modded down to oblivion where "out of sight" is truly "out of mind".

      --

      Should invading one's peaceful neighbours be opposed, or rewarded with trade deals?

    32. Re:Land of the free by instarx · · Score: 1

      And exactly how is this different from Clinton and Carnivore/Echelon?

      How? Echelon was specifically prohibited from spying on US citizens before Bush II. Carnivore was a Bush II program, not a Clinton program. That's how.

  2. So use encryption! by jdavidb · · Score: 5, Insightful

    In my opinion, if you're not already assuming that the contents of your unencrypted email are public to the world, you're fooling yourself. If you want it to be unreadable, encrypt it.

    I think the only permission anybody ought to need in order to eavesdrop on a communication is the owner of the wire. If you're contracting with the owner of the wire for services, and privacy is important to you, make that part of the contract. Or save yourself some effort and money and simply encrypt your communications. It's nearly effortless. It won't cost you anything (money wise) for the software.

    Also, I take exception with the summary that "some surveillance of your email has been permitted." The article says, "the Justice Department asked a federal magistrate judge to approve monitoring of an unnamed person's e-mail correspondents." I sincerely doubt that I am that person or one of his correspondents, unless he is a spammer. I recognize this could affect me in the future because a precedent has been set ... but again, that's easily handled with encryption now, isn't it?

    Complaining about this is tantamount to making love to your wife in your open front doorway and then demanding a law be passed to protect your privacy from your neighbor or the police car driving by. For crying out loud! Isn't some burden on you to secure your own privacy? This is not so far from the DMCA requiring legal protection against breaking "protection mechanisms" that are not effective in the slightest. Why in the world would you trust the government enough to expect them to take responsibility for securing your privacy?

    People seem to be looking for an expensive legislative solution to a technological problem that already has an inexpensive technical solution.

    1. Re:So use encryption! by PDXNerd · · Score: 5, Insightful

      Well, encryption won't help if the only information they want are the headers. Those nifty "TO" and "FROM" fields let them know who you're contacting. An added bonus is they get to see what type of computer you're running. If they are allowed to listen on the SMTP servers, they can catch your password in plain english (unless you're one of the few who are using SSL or some other form of encryption on the passwords.)

      Encryption will block them knowing the dirty joke you just told your friends, but it won't stop them from knowing WHO your friends are!

    2. Re:So use encryption! by forgotten_my_nick · · Score: 4, Interesting

      TBH the whole system is pointless. Lets say Joe Terrorist wants to pass a message to another cell.

      Does he fire up his hotmail account and send an email to durkadurka@hotmail.com?

      Of course he doesn't. TBH the easiest way would be to post on a webboard that has a lot of innocent traffic, or on the USENET. Heck even just play an online game (MMORPG) and say something like your looking for +3 Orc slaying knife for two gold pieces.

      This method of scanning email headers doesn't solve the issue. All combatants must realise they are being spied on.

    3. Re:So use encryption! by Mostly+a+lurker · · Score: 1

      Encryption works fine for email correspondence between you and me. The trouble is that about 0.01% of the general public has any idea of public key encryption schemes. It is quite impractical for even a competent geek to try to ensure all his correspondents can receive and send encrypted emails.

    4. Re:So use encryption! by GoofyBoy · · Score: 4, Insightful

      This is not about reading your email. Its about finding out who and when you sent an email.

      Encrypt it all you want, they are not interested in what you are sending, and not even the subject, they are interested who you are communicating with and when.

      --
      The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
    5. Re:So use encryption! by ObsessiveMathsFreak · · Score: 1

      Complaining about this is tantamount to making love to your wife in your open front doorway and then demanding a law be passed to protect your privacy from your neighbor or the police car driving by. For crying out loud! Isn't some burden on you to secure your own privacy?

      To entend the analogy, and answer your question, the situation for the last 30 years has essentially been that RSA have patented front doors and indeed, non transparent walls.

      --
      May the Maths Be with you!
    6. Re:So use encryption! by sjonke · · Score: 1

      I think the flaw in what you are saying is that using encryption with email is not only not commonplace, but is very difficult to do, and that's why it isn't and will remain uncommon for the forseable future. It is impractical to expect people to encrypt their email because no one has made it easy and practical. To turn your comparison on its head, it's like installing hidden and boobytrapped surveilance cameras in everyones bedroom, and justifying it by saying that everyone should know they are there, be able to find them and be able to disable them without getting killed.

      --
      --- What?
    7. Re:So use encryption! by PFI_Optix · · Score: 4, Insightful
      I think the only permission anybody ought to need in order to eavesdrop on a communication is the owner of the wire. If you're contracting with the owner of the wire for services, and privacy is important to you, make that part of the contract.

      Let me call the phone company right quick and ask that my DSL contract be amended to express that they will not allow someone to tap the lines. I'm sure they'll get right on that.

      Or save yourself some effort and money and simply encrypt your communications. It's nearly effortless. It won't cost you anything (money wise) for the software.

      Because everyone automatically knows how to encrypt e-mails.

      Also, I take exception with the summary that "some surveillance of your email has been permitted." The article says, "the Justice Department asked a federal magistrate judge to approve monitoring of an unnamed person's e-mail correspondents." I sincerely doubt that I am that person or one of his correspondents, unless he is a spammer. I recognize this could affect me in the future because a precedent has been set ...

      I agree with this. If I'm reading this right, the government is investigating a particular person and is asking for permission to monitor that particular person's e-mail correspondents. It's like tapping the phones of everyone who calls/is called by a mob boss. The precedent creates a slippery slope, but we haven't fallen down every time we've hit one of those.

      Complaining about this is tantamount to making love to your wife in your open front doorway and then demanding a law be passed to protect your privacy from your neighbor or the police car driving by. For crying out loud! Isn't some burden on you to secure your own privacy? This is not so far from the DMCA requiring legal protection against breaking "protection mechanisms" that are not effective in the slightest. Why in the world would you trust the government enough to expect them to take responsibility for securing your privacy?

      No, complaining about this is more like making love to your wife in your bedroom and realizing there's some perv in the bushes outside your window. E-mails are NOT broadcasts, it requires some effort and intrusion to tap someone's e-mail. A girl in a slinky dress is NOT asking to be raped, a house without bars on the windows is NOT asking to be robbed, and unencrypted e-mail is NOT an invitation to intercept and open it. It's smart to lock your car.

      If you leave your car running while you run into to the store and it's gone when you come out, I'll call you a dope for making it so easy, but I'll still call the thief a scumbag for stealing someone's car.

      --
      120 characters for a sig? That's bloody useless.
    8. Re:So use encryption! by rolfwind · · Score: 1
      Yeah, from the summary itself:

      Curiously: 'instead of asking to eavesdrop on the contents of the e-mail messages, which would require some evidence of wrongdoing, prosecutors [of the US Justice Dept.] instead requested the identities of the correspondents. Also included in the request was header information like date and time and Internet address--but not subject lines.'"


      Which doesn't seem all that different from what they can do with snailmail in the USPS (I assume) anyway. Though in both cases, you have the easy chance decieve who the sender is - fake name on envelope, or different web-based email account on foreign computer - but not so much the reciever.
    9. Re:So use encryption! by ajs · · Score: 1

      Of course, many people don't realize that you can enable TLS on your mail server, and many others (many right here on Slashdot) said that I and a few others were paranoid for not wanting to let a large ISP run our mail servers for us. Worse, we tend not to want to allow our mail to be relayed THROUGH such large mail servers. My ISP STILL doesn't use TLS if I try to relay through them (though I realize that would be pointless, since the Feds will simply require a tap into their MTA directly, which sees the unencrypted session).

      And now, you see why I insist on running my own MTA (though there are also business reasons). AOL may not be willing to accept my connections, but I get to encrypt the WHOLE SESSION, and the only thing anyone sniffing packets gets to know is that I'm sending mail to someone else's MTA. Given the amount of mailing list traffic and other noise that my machines generate, that's probably not as useful as one might want.

      Want to evesdrop on my mail? Get a warrant. It's not that much to ask.

    10. Re:So use encryption! by dafragsta · · Score: 1

      This is not a batch of lemons with which to make lemonade. Your unencrypted emails are NOT available to the free world, even if they are easily intercepted. The window of availablility for intercepting email is small unless you are the sysadmin in charge of the email infrastructure. If this were true, we'd see more incriminating emails against companies who say things they shouldn't in interoffice emails. If the post office can't rightfully open your mail and read it, why is it allowed then to let the government open your email. THe sad fact is that federal agents probably DO read snail mail, but the time spent doing it and covering their tracks probably keeps that to a minimum. There's nothing to stop them from parsing shitloads of your email without you ever knowing.

      There is no freedom on the internet. Bush came along too early in it's toddler years of wide acceptance. There are too many precedents to be set that a Republican government has no qualms about shifting in their favor. To anyone who'd try to defend Bush or the Republican congress, answer this, what has Bush done to PROTECT privacy as president? Tally that against the things he's done to invade privacy in the name of "anti-turrrism."

      You people need to make some noise. I feel a Reich coming on. Anyone who says we are paranoid now is just shoving their head in the sand. What would be more effective for world domination than a quiet coup built by the exchange of money, to take control of the United States. It's not a conspiracy if everyone knows about it. In this case, everyone knows about it, but refuses to accept it. The government may not want to distrupt our consuming lifestyle because that turns the financial machine, but the tighter the grip they get on our freedoms and the more unchecked they can shove our privacy aside, the more the notion that a quiet power shift becomes a reality. I love America for the principles on which it was founded; a place where one has the freedom of expression, religion, and the fourth ammendment which is designed to make Americans feel secure in their own homes. If I'm worried about my political dissent being deliberatly misconstrued as something else to shut me up, I am not secure. It won't be long before people who are unsatisfied with the government aren't queitly wheeled off to some undisclosed location.

      This kind of dissent is not just for the wackos living in their own "sovereign country" on some farm in Montana, it's for everyone who values their rights. Stop telling yourself it's all being done in the name of your protection. Ever have a roomate forget to pay the electric bill? One day you wake up and there are no lights, and you have to ask why. Well, when we all wake up one day afraid to show disappointment for the government or anything that violates no other civil rights, maybe we'll realize that we should've been more proactive about protecting the things this country was founded on.

      Shit, Congress can't even leave Wikipedia alone. They want to rewrite history too!

    11. Re:So use encryption! by DavidTC · · Score: 4, Interesting
      There are actually Usenet groups for posting unlabeled encrypted messages in. People receive messages by merely downloading each article and trying to decrypt it. While you can figure out who is communicating using that method, you can't figure out who they are comunicating with, except it has to be someone else in that group.

      Thanks to spammers, you can buy lists of 'open proxies' that will let you hide your IP and access the person with the owned computer's ISP's usenet server, which you really only need to do when sending messages. Thus rendering any sort of traffic analysis of the group completely useless.

      But the best method of sending data on the internet is hiding it in, say, a GIF. You don't even need to use stenography, you can just take an encrypted binary file, put a GIF header at the start of it, and put it in a 1x1 image link somewhere on a web page between two specific times, and have any receipient 'innocently' surf past your page, and then go get it out of their cache. Bonus points if you manage to write bad HTML so that only one specific browser will go and get the 'image', like IE 4 or Firefox 0.7, although you shouldn't make that obvious or people might get curious. Be sure to put a real image up there the rest of the time, and reset the date back whenever you make changes.

      And you can trivially think of a way to have two people do this to each other so they can talk back and forth. They just each have pages on somewhat related things, and browse a bunch of pages on that topic, always making sure to go past each other's.

      The great thing about this is that the receiving end can defeat a keylogger. Just make sure the 'check the cache for encrypted files' is a program that they won't notice when installing the keylogger, for example a solitaire game, and it pops up the decoded message when you start it between exactly 32 minutes and 37 minutes after adding the image to your cache, or something. Most software keyloggers do not include any sort of screen capturing, because that would require a lot of space, and hardware ones cannot do it at all, or at least not reasonably. (And see Cryptonomicron for how to defeat this, although note the method of communication in that can be logged also.)

      Although obviously if you send messages, a keylogger will catch them. In theory, you could click on the letter via your mouse, but a lot of software keyloggers are including mouse clicks exactly because of that. Although the message can be hidden via moving buttons around and renaming them, that is incredibly annoying for any message over two sentences, and it doesn't hide the fact you were doing something very suspicious, which, if they've bugged your machine, they were already pretty sure of.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    12. Re:So use encryption! by MoreCozmic · · Score: 1

      All this ranting is well and good, but would somebody be useful for a change and include some links to how to encrypt?

    13. Re:So use encryption! by danpsmith · · Score: 1

      That's just the excuse. It's important that they have these abilities to "use against terrorism," it's just an added bonus that they can use it to spy on non-terrorists. Let's face it, the Patriot act has probably resulted in Bush's team spying in more non-terrorist organizations than it did to stop actual terror. And that was probably the goal all along anyway. Like Talib says though, "You're a fool if you don't think that they've already tapped the line."

      --
      Judges and senates have been bought for gold; Esteem and love were never to be sold.
    14. Re:So use encryption! by jdavidb · · Score: 1

      Let me call the phone company right quick and ask that my DSL contract be amended to express that they will not allow someone to tap the lines. I'm sure they'll get right on that.

      Yep. Real privacy is expensive. Somebody has to bear the cost.

      Real protected media would be expensive, too. Instead of bearing the cost, the MPAA/RIAA just get laws passed so that no-good protection is legally "good enough."

      Of course, if you want privacy you could instead use encryption.

    15. Re:So use encryption! by Haxwell · · Score: 5, Informative

      Two words:

      Mixmaster remailer.

      --
      http://www.haxwell.org
    16. Re:So use encryption! by hacker · · Score: 1
      but again, that's easily handled with encryption now, isn't it?

      Not quite, because its gainst the law to withold your encryption keys if you're asked for them.

      Encryption is great (and I use it heavily on drives, mail, backups and everything that contains non-public data), but not when its against the law to use it. Lovely world we live in, isn't it?

    17. Re:So use encryption! by jdavidb · · Score: 2, Insightful

      Bush came along too early in it's toddler years of wide acceptance. There are too many precedents to be set that a Republican government has no qualms about shifting in their favor. To anyone who'd try to defend Bush or the Republican congress, answer this, what has Bush done to PROTECT privacy as president?

      If you think the blame for this lies solely on Republican shoulders, you're dreaming as much as the people who think that the fact that their emails are difficult to intercept means that nefarious personages will actually refrain from doing so.

    18. Re:So use encryption! by symbolic · · Score: 1

      I think the only permission anybody ought to need in order to eavesdrop on a communication is the owner of the wire.

      You're missing the point. Yes, it's in plain view of the public, but this isn't the problem - the problem, quite simply, is that the government is surveilling it without cause. I do agree however, that encryption may be the only way to re-establish some balance.

    19. Re:So use encryption! by SchrodingersRoot · · Score: 2, Funny

      Not me! I encrypt all my headers, too!
      .
      .
      .
      The e-mail doesn't really go anywhere. But Boy is it secure!

    20. Re:So use encryption! by Jah-Wren+Ryel · · Score: 1

      All combatants must realise they are being spied on.

      That's evildoers you unpatriotic clod!

      --
      When information is power, privacy is freedom.
    21. Re:So use encryption! by cloudmaster · · Score: 1

      I've got two relevant points, given this. First, no one's forced to use DSL. Nearly anyone who can get DSL can also get a fractional T1 terminated with most anyone. Too expensive? Tough shit, the only one choosing price over the ability to negotiate a contract is the cheap-ass consumer.

      None the less, there have been laws on the books for years which allow any ISP through which emai lroutes to examine the messages passing through for performance reasons - this includes reading the messages. If the ISP for any reason discovers that there is illegal activity going on, they can voluntarily notify the authorities. The ISP is not under any oblgation to maintain any records, though. This may well change with this precedent, because obviously wiretaps don't do any good if the information isn't logged. :)

      Besides, right now this is more like the peeping tom merely seeing the sillouette of you and your wife going at it, and recording when it happened without regard to whether you were violating any local sodomy laws. We also right now have the case where the meter reader can choose to report you if he's checking on the meter and happens to see you in your wife's butt. To continue the semi-public sex to email analogy...

    22. Re:So use encryption! by janrinok · · Score: 1

      You are thinking like a geek, not a terrorist.

      I would create an email account on a server that the US is unlikely to be able to control easily, lets say in China. Then I edit an email to contain the message that I want to send - but I don't send it. Then I pass the account name and password to the intended recipients using a letter, via a mutual friend, or a prepaid cell phone. Throw the phone away again!
      The intended recipient logs on to the account,reads the drafted email and then deletes it.
      No email was ever sent. The good ole USA cannot monitor the server sufficiently well to ensure that it can detect the recipient logging on. Message delivered and no trace.

      --
      Have a look at soylentnews.org for a different view
    23. Re:So use encryption! by Rorschach1 · · Score: 1

      First, let me say I'm against anything that erodes civil liberties like this - I'm certainly not a supporter of this sort of surveilance. But it's not fair to say that it's pointless. Plenty of people have been caught because they've practiced poor OPSEC and COMSEC. No, you won't catch anyone being particularly careful or clever, but you'll still catch a lot of the dumb, lazy, or just poorly-trained ones. And sometimes that's enough - especially when the dumb ones point you to the ones that really do know what they're doing.

    24. Re:So use encryption! by maxume · · Score: 1

      I don't remember when, but sometime recently Bruce Schneier mentioned that the 9/11 attackers communicated by creating draft messages on hotmail and never sending them, different attackers would log in at different times to check the account. That neatly avoids the whole header scanning issue.

      --
      Nerd rage is the funniest rage.
    25. Re:So use encryption! by lostboy2 · · Score: 1

      Those nifty "TO" and "FROM" fields let them know who you're contacting

      and, of course, those can be spoofed. So, using e-mail header information to identify criminals and/or terrorists seems like it could produce a lot of false positives.

    26. Re:So use encryption! by gstoddart · · Score: 2, Interesting
      This is not about reading your email. Its about finding out who and when you sent an email.

      Encrypt it all you want, they are not interested in what you are sending, and not even the subject, they are interested who you are communicating with and when.

      You're right, but this is a complete license to conduct fishing expeditions.

      Imagine a situation in which you (A), being a non-terrorist might be obliquely linked to someone who is a suspected-terrorist (B). Such expeditions will allow the following chain of logic:

      "We believe B is a terrorist. A sent an e-mail to B. We now need a to closely investigate A because he is associated with our suspected terrorist B."

      This opens up people for the worst sort of unsubstantiated witch-hunt crap. Think of the worst parts of McCarthy-ism, because suddenly you're on the hook to prove that your association with B has no nefarious activity; merely the suspicion of having contacted someone else who is under suspicion, and your ass is in deep trouble.

      Don't believe it could happen? Do a google search for Maher Arar, a Canadian-Syrian citizen who was deported to Syria under that godawful 'rendering' program the US has been using. On final balance, it was determined that a foot note in an observation of someone else caused him to be flagged as an associate of a person of interest. On the basis of nothing else, he was arrested, detained, deported, tortured, etc.

      Believe me, this falls very much into the onerous category of things. This will lead to all sorts of atrocities.

      --
      Lost at C:>. Found at C.
    27. Re:So use encryption! by 'nother+poster · · Score: 1

      Oooohh. That would probibly be illegal under current U.S. law. ;)

    28. Re:So use encryption! by GoofyBoy · · Score: 1

      I'm not saying what they are doing is ok. I'm just saying that encryption would not prevent anything in this situation.

      --
      The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
    29. Re:So use encryption! by Threni · · Score: 2, Informative

      > To entend the analogy, and answer your question, the situation for the last 30 years has
      > essentially been that RSA have patented front doors and indeed, non transparent walls.

      Wrong.

      1) They patented a certain type of front door, not all of them - you could buy doors from other companies, or make your own. There's a type of door - a `one time door`, which can't be opened by anyone except for you and people you live with, as long as you follow the instructions cafefully.

      2) You've been able to use RSA's front door for free for years now:

      http://www.rsasecurity.com/press_release.asp?doc_i d=261&id=1034

    30. Re:So use encryption! by DJCacophony · · Score: 1

      What about securing the letter? Or the cell phone? If you're going to pass the email login via insecure channels like this, you might as well just pass the whole message itself. And don't give me any guff about security through obscurity.

      --
      Slow Down, Cowboy! It's been 60 minutes since you last successfully posted a comment.
    31. Re:So use encryption! by JemalCole · · Score: 1

      > I think the only permission anybody ought to need in order to eavesdrop on a communication is the owner of the wire.

      Evidently you need to go to classes on "common carriers" and "the right to privacy" just as much as the Bush legal team.

      > If you want it to be unreadable, encrypt it.

      And get everyone you know to use encryption. That interoperates. And exchange keys securely. And pray that the government doesn't have a trivial way of breaking whatever encryption you choose. Feh. Not much of an option.

      > I sincerely doubt that I am that person or one of his correspondents, unless he is a spammer.

      Or unless any one of the thousands of people who will have access to such a system are in the least bit unscrupulous. It only takes one.

      Did everybody forget about those FBI agents up in New England who used unclassified information about ongoing investigations to blackmail and extort money from big companies? Or the sysadmin who left his job at a call center and took all of the customer SSNs and credit cards with him?

      It only takes one bad apple with access to your personal info to screw you over.

      And now that the Bush administration has decided that it can decide who is and isnt a terrorist without a trial and then keep those people (even American citizens) in jail in gitmo forever, you had better hope that none of your ex-girlfriends ever get a job scanning email headers. "I see that jdavidb has been sending encrypted emails to terrorists with a subject line about bombs. We should arrest him and torture him until he confesses."

    32. Re:So use encryption! by Reziac · · Score: 1

      And WHO you're talking to can be a great deal more interesting. Frex, if you're part of a "disapproved" political group and the gov't wanted to round up the whole group at once. All they'd have to do is track who talks to whom, and arrest everyone in the chain.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    33. Re:So use encryption! by Reziac · · Score: 1

      Or to use the old postcard analogy -- the post card's message is hanging right out there in plain sight, for all the world to read -- but someone still has to go to the post office and root thru the mail bin. So it really depends on who has permission to be in the back end of the post office.

      Or with email, who has permission to root thru mail servers' content.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    34. Re:So use encryption! by JonToycrafter · · Score: 1

      James Kopp, a domestic terrorist, used this method (with Yahoo). He's best known as the assassin of Buffalo abortion provider Dr. Bernard Slepian. After moving to France, he created draft messages on Yahoo, which were read by his NYC-based support person.

      It's my understanding that this is what led to his arrest, although I couldn't tell you more detailed info than appeared in the mainstream press.

      The affidavit released in connection with the December 7th arrest of alleged Earth Liberation Front members states that they communicated by means of code messages on a website. As far as the affidavit states, the communication was never discovered.

    35. Re:So use encryption! by maxume · · Score: 1

      The account info is benign; the carrier takes on very little risk in carrying the it across borders and whatnot. This might not be true of the message. The end result is that whether or not it makes the transmission more secure, this method lowers the cost of transmitting the information.

      --
      Nerd rage is the funniest rage.
    36. Re:So use encryption! by computational+super · · Score: 2, Funny
      tantamount to making love to your wife in your open front doorway

      Ok - after some time spent researching this phrase, I think I'm able to translate this analogy for my fellow average slashdot readers. What he's trying to say is, it's "tantamount to downloading hentai in your open front doorway."

      --
      Proud neuron in the Slashdot hivemind since 2002.
    37. Re:So use encryption! by angusmci · · Score: 1
      the whole system is pointless. Lets say Joe Terrorist wants to pass a message to another cell. Does he fire up his hotmail account and send an email to durkadurka@hotmail.com? Of course he doesn't.

      Like bag searches in the New York subway, this has little or no utility in preventing terrorist attacks. However, like bag searches it does give law enforcement a look-see at what you're doing. I presume that (as with bag searches) anything they happen to discover can be used as grounds for arrest and, eventually, as evidence. To me, there's something a little sinister about the way that terrorism is being used repeatedly to justify measures that are obviously ineffective against terrorism but which do increase the power of the authorities and make it easier to stifle dissent.

      If you're innocent, you have nothing to fear. If you're innocent, you have nothing to fear. If you're innocent ... nope ... it isn't working.

    38. Re:So use encryption! by WolfZombie · · Score: 1

      That raises a question. At what point do/will we consider our own (US) government to be a terrorist organization against the United States? They constantly use the "threat of violence" towards the "people" to get more power. As a society, it is not very often we see these threats the government claims the terrorists have sent, but instead we receive a very sheltered version of the threat from the government, followed by requests for action.

    39. Re:So use encryption! by Anonymous Coward · · Score: 0

      I thought the supreme court got rid of all the sodomy laws in 2003.

    40. Re:So use encryption! by bill_mcgonigle · · Score: 1

      Well, encryption won't help if the only information they want are the headers. Those nifty "TO" and "FROM" fields let them know who you're contacting. An added bonus is they get to see what type of computer you're running. If they are allowed to listen on the SMTP servers, they can catch your password in plain english (unless you're one of the few who are using SSL or some other form of encryption on the passwords.)

      Right, so S/MIME and PGP encrypting of the message body is one level of encryption. You should do that.

      Then there's access to your mail server. You should use STARTTLS (or SMTPS) to send mail and IMAPS (or POPS) to download your mail.

      Then there's the matter of communication between mail servers. This is probably what they're tapping now. Setting opportunistic encryption between mailservers is really straightforward. You should to do this to prevent corporate espionage, but if it improves your rights against the government, so much the better. Postfix makes this quite easy, check it out.

      I see lots of people will handshake SSL from my maillogs, especially government contractors.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    41. Re:So use encryption! by Anonymous Coward · · Score: 0

      The proper example domains are example.com, net and org. Please remember to use these when ever you need a made up address.

      -- Thanks
        durkadurka@hotmail.com

    42. Re:So use encryption! by deblau · · Score: 1

      Guess what -- that's already public information. Ever buy groceries? Then you've walked through a public place, and people can watch you. Even bad people. Ever met someone at a Starbucks? Had a lunch meeting at a restaurant? Ever gone to the movies with friends? If someone wants to find out who you're meeting and when, they don't need a warrant.

      --
      This post expresses my opinion, not that of my employer. And yes, IAAL.
  3. China by Anonymous Coward · · Score: 5, Funny

    Everyday I feel more like I'm Chinese....

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

      That's why I'm learning mandarin, if I'm going to live *here* I might as well speak the language.

    2. Re:China by Anonymous Coward · · Score: 0

      I think I'm turning Chi-uh-nese I think I'm turning Chi-uh-nese I really think so

    3. Re:China by Lord+Omlette · · Score: 1

      Everyday I feel more like I'm Chinese....

      I'm sure some fool will retort, "We're Americans, we have FREEDOM. If you hate it so much, go back to Communist China!"

      What those idiots don't understand is that the totalitarian government the Chinese have didn't happen overnight.
      --
      [o]_O
  4. Btdd by broothal · · Score: 4, Insightful

    We have the same law proposed here. It stranded due to the politicians lack of technical knowledge. They think that the To: From: and CC: field actually tells you who sent the email and to whom. It's extremely difficult to tell a non-tech savvy person that these header fields are purely cosmetic.

    1. Re:Btdd by XorNand · · Score: 1
      It's extremely difficult to tell a non-tech savvy person that these header fields are purely cosmetic.
      I don't know why it would such a difficult concept to convey? I can send you a first class letter with Hugh Hefner's name and address scrawled in the upper left corner. It doesn't mean that you've finally received your invitation to the Playboy mansion.
      --
      Entrepreneur : (noun), French for "unemployed"
    2. Re:Btdd by qwyeth · · Score: 1
      You mean they don't?

      From an e-mail I got today:
      From: webmaster@straightdope.com
      Message-ID: <LISTMANAGER-3819143-1550980-2006.02.10-04.00.03-- a.wyatt.m#gmail.com@lyris.jokeaday.com>
      Date: Fri, 10 Feb 2006 04:00:00 -0500
      Subject: The Straight Dope 02/10/2006
      To: "The Straight Dope" <straightdope-list@lyris.jokeaday.com>
      These fields do seem to contain at least some (albeit very basic) information about the source and destination. Are you saying that they only contain that information by convention, and it's technically optional? Or are you referring to some trait of the actual data packets?

      Inquiring minds want to know...
    3. Re:Btdd by alicenextdoor · · Score: 1

      Email headers are not hard to spoof. I have several times sent myself spam about things which I would have expected myself to have known that I didn't want to buy...

      --
      of course, biting monkeys is not to everyone's taste - Konrad Lorenz
    4. Re:Btdd by Anonymous Coward · · Score: 0

      I agree the From: field is easy to spoof, but the To: / Cc: / Bcc: fields needs to be valid in order for the email to actually get somewhere...

    5. Re:Btdd by Transcendent · · Score: 3, Informative

      Look up a little about SMTP. You can send e-mails to addresses not contained anywhere in the e-mail header. The sender simply has to put in "RCPT TO: someone@somewhere.something" or even simply the username on the server and it'll get to them, no matter what it says in the To.

      Try it. Telnet to your SMTP server and send an e-mail to yourself:

      EHLO localhost
      MAIL FROM: valid@email.address
      RCPT TO: destination@email.address (or username on the system)
      DATA
      (From, To, Subject, etc would go here)
      Any message
      .
      QUIT

      This will send an e-mail with no To, or Subject in the header (it should contain the From at least). The only restriction you may have is that the SMTP server may do checks on the MAIL FROM or RCPT TO lines, which will restrict the addresses you can send to/from. If it's running AUTH, you may have other troubles too.

    6. Re:Btdd by Anonymous Coward · · Score: 0

      No they don't. To an SMTP server, the entire contents of the email, including the headers, is just pure data, and they don't care about it (other than that they might throw in some headers of their own). The SMTP protocol has separate from and to commands...those are the ones that are used for actual accepting/rejecting/routing of the message, and those fields do NOT ever get stored in the email itself. Of course, there is nothing stopping the server from logging those lines too (I log it on our server at work as part of the spam/virus analysis), but that's not what the other poster was talking about.

    7. Re:Btdd by MarkusQ · · Score: 1
      I agree the From: field is easy to spoof, but the To: / Cc: / Bcc: fields needs to be valid in order for the email to actually get somewhere...

      No, not really. They may get caught in a spam filter or something, but a non-paranoid SMPT server just looks at the SMTP commands and ignores the headers in the DATA block. SMTP is a protocol born in a more trusting era, when people on the net more or less knew each other--and if you did something stupid, you were likely to get a call ("Hey Bob, did you read the RFC, or just print it out to look at later?") from your neighbors.

      --MarkusQ

    8. Re:Btdd by budgenator · · Score: 1

      My first point is the FEDs really really like this new toy and are smart enough to know if they get too carried away with it, congress is going to slap their little pinkies and take it away. Once it's taken away, it'll be really hard for them to get it back. I expect the feds will show a lot of restraint in using this because they don't want to lose the whole ball of wax.
      My second point is the FEDs are going to quickly realise that your completely right. In fact pretty soon they'll realise that stoping viruses and worms and the bot-net they produce from spewing spam, DDOS attacks and shit like that is a National Security Matter. They don't have a snowball's chance in hell of figurinng out terrorist's social networks when a spambot is spewing 10K spams and only 3 people know the jibberish isn't a baysian filter circumvention but a coded message.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    9. Re:Btdd by slavemowgli · · Score: 1

      Those fields *typically* contain the correct information, but it's not actually necessary for it to be there - SMTP servers don't care about these things, so it's just a convention for the sake of end-user convenience. Read up on how SMTP works, and all will become clear. :) (If you feel so inclined, you can also look for an "Envelope-To:" header in your emails - some (?) SMTP servers add that to indicate where they were told to send the email to.)

      --
      quidquid latine dictum sit altum videtur.
    10. Re:Btdd by HairyCanary · · Score: 1

      Every single header line you listed is put there by the e-mail client. Without a Message-ID field, some mail servers will add one. But it will not be nearly as descriptive as the one you have there. And the mail server software should identify the envelope sender address (the address specified during the SMTP conversation). Some mail server software will also added Received header fields that include the envelope recipient (specified during the SMTP conversation). qmail is an example I can think of immediately. But not all software will do that, and the entire remainder of the message, headers & body alike, are supplied by the e-mail client.

    11. Re:Btdd by budgenator · · Score: 1

      I get spam all the time that looks like is was realy sent to someone else, subject line like "here's the nude pics you wanted", hard not to get currious.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    12. Re:Btdd by DavidTC · · Score: 2, Informative
      Right.

      Where an email ends up, and where it gets bounced to, are out of band communication.

      A SMTP converstation looks like this, simplified somewhat and with angle brackets replaced with { and } because I am lazy. client.dom sends C messages and has just connected to server.dom, which sends S messages. (After each response code, the server can send random text, though there are conventions there.)

      S: 220
      C: HELO {client.dom}
      S: 250
      C: MAIL FROM: {user@client.dom}
      S: 250
      C: RCPT TO: {user@server.dom}
      S: 250
      C: DATA
      S: 354
      C: Entire email message, including the headers
      C: .
      S: 250
      C: QUIT
      S: 221

      The mail server then traditionally preprends a Received header, and delivers the mail, or relays it elsewhere, depending. Although there was probably some more stuff in there consisting of SMTP AUTH commands if they're going to relay it somewhere, as open relays are frowned on. And the HELO is usually EHLO instead, which tells the mail server to say what extended commands it supports.

      But you'll note that routing the message is entirely seperate from the headers. You could have the headers consist entirely of 'Haha: ha ha ha ha' and the message would be delivered with just that, and any Received headers that mail servers in between put in there. Sometimes they put in other things, like 'To: undisclosed-recipients:;' and make up a Message-ID and Date, but you can't rely on that information, because mail servers don't touch those headers if you've forged them...they just put in missing-but-required headers.

      Sometimes mail servers do go ahead and put MAIL FROM as 'Return-Path:' and RCPT TO as 'X-Original-To:', or in other headers, and those almost always end up in the Received lines somewhere, but they are not required to do that, and it's non-standard. (Finding out the original MAIL FROM and RCPT TO is something that all us mail admin have had to do at some time or another, and it's sometimes easier to just look at the Received line for the queue ID, and grep the maillog for it.)

      In fact, most mail servers accept messages with no headers at all, even though they are not supposed to. The headers are just marked by a blank line after them, and thus if they get a message with no blank lines, they technically got a message with no body, but they'll put whatever was received in the body, and make up a header instead, which at least will make something show up in the client. (Usually the problem is a crappy client didn't put the blank line in there, so this way other people at least see the message, although with the headers prepended.)

      --
      If corporations are people, aren't stockholders guilty of slavery?
    13. Re:Btdd by P-Nuts · · Score: 1
      Try it. Telnet to your SMTP server and send an e-mail to yourself: EHLO localhost MAIL FROM: valid@email.address RCPT TO: destination@email.address (or username on the system) DATA (From, To, Subject, etc would go here) Any message . QUIT

      I'm sure most people here know anyway, but if you want to try this you'll need to change the ELHO to HELO. Also you'll probably want to telnet using port 25.

    14. Re:Btdd by Anonymous Coward · · Score: 0

      EHLO is HELO with a listing of supported commands afterward.

  5. No suject lines by Albanach · · Score: 1
    I presume this is because most email logs wouldn't store this information, so it's not there to collect. I'm sure if it had been there'd be lots more interest.

    This leads me to wonder, are there regulations in place saying how long a US ISP must maintain email logs for? If not, do any ISP's actually publish their data retention policy?

    1. Re:No suject lines by Amouth · · Score: 1

      well i am not to worried about this.. my main mail server (that filters for several others) is set to delete the logs every 15min because well if not they eat up alot of space.. and if they want to get to the messages well then they will have to do a little work because i seem to remember forgetting the password to that box..

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    2. Re:No suject lines by bobs666 · · Score: 1
      From the Original post " --but not subject lines."

      That caught my eye as well. There is little point in implicating your self on the subject line. So assuming the subject is meaning less is not a bad start.

      Putting on my Computer Science hat, I can see the data collected, TO:, FROM:, and DATE:, forms sets of directed graphs. Given a list of known "bad people" The graphs can connect and imply that others are perhaps "bad people" too. It also shows flows of information, Possibly up and down a chain of command. Could this sort of evidence be sufficient to acquire further warrants?

  6. A Little Background by adavies42 · · Score: 1

    Regarding that "curiously", long-standing precedent regarding phone surveillance makes a distinction between surveillance which reveals "public" information, analogous to the outside of an envelope (the parties in communication and the times of their contacts) and that which reveals "private" information (i.e. the actual content of their communications). IANAL, but I'm fairly sure the police are allowed to get the phone company's records of the recipients and times of your phone calls. ("LUD"s, for all you Law and Order junkies). This is a logical extension of the same policy.

    --
    Media that can be recorded and distributed can be recorded and distributed.
    -kfg
  7. chatter by DarkClown · · Score: 1

    this is akin to the nsa approach to collecting 'chatter' - a tree of correspondence without focus on the content of the communication.

    1. Re:chatter by Anonymous Coward · · Score: 0
      Yes, except that it's called traffic analysis and more recently, social network analysis. It goes back at least to the Cold War. Imagine correlating the activity of communications stations to military movements and you'll get the picture. If station X consistently is active just before a major troop movement, then it is probably a command and control station. When there are too many messages to try to decrypt or read all of them, the first step is to figure out which "stations" -- people, in terms of email -- are mostly likely to be significant, via traffic and network analysis. You only look at the content of the messages once you've narrowed them down this way.

      This conflicts with the Fourth Amendment because it inherently has to cover a lot of the network. Bush says that we want to know if you're talking to terrorists, as if we had the technology to zoom in on only such messages. But that's not at all practical, since it is impossible to differentiate without looking at a big piece of the network.

      I invented some of this stuff, which wound up being used by intelligence agencies after it was acquired by another company. Cringely wrote about it at the end of this week's column, quoting me:

      Now for a final word on wiretapping, the NSA, and you, which were the primary topics of my last two columns. This last thought comes from an old friend of mine who is conservative in the very best sense and knows what he is writing about:

      "Traffic analysis, at the NSA? I'm tempted to be sarcastic, but I won't be. As you might know, I started a company a few years ago with a former NSA guy -- somebody who was a cryptographer and Russian linguist on those submarines that snuck into Soviet harbors to tap their phone lines -- and we applied traffic analysis to Internet discussion groups to identify opinion leaders, conversation trends and so forth. We used a lot of techniques that were developed or applied to law enforcement. And we didn't use anything that violated anybody's security clearances... really!

      "(My company) was acquired by a business intelligence company funded by the CIA venture capital outfit. Apparently the stuff I invented is now in the hands of a couple of intelligence agencies, including Homeland Security.

      "I'll tell you what I think the most troubling thing about all this is. It's easy to see whatever pattern you're looking for. It's like curve fitting in the stock market -- looks beautiful historically and maybe even in the short run, but it's a disaster in the making. So we have these guys running the country who saw a non-existent pattern in Iraq that justified a war ... and now we're going to give them software that will make it easy to create the illusion of patterns of conspiracy.

      "Your friend from the NSA was right, but it's worse than he suggests. It's not just that social network analysis casts a wide net. It's that without oversight by people who really grasp the mathematics and have some distance from the whole thing, they're going to see patterns where there aren't any.

      "They have a history of that."


      http://www.pbs.org/cringely/pulpit/pulpit20060202. html
  8. Two options left by 77Punker · · Score: 1

    There's two choices for us now. Either you can install GPG (works well with a particular Thunderbird extension) or send pictures of your penis to the agency responsible for reading the emails. Personally, I've started doing the former and as soon as I get my digital camera some batteries will start doing the latter. A picture of my penis that says in the subject line "SURVEIL THIS" will (with any luck) deter them from surveillance. If not, some goatse or tubgirl oughtta do the trick.

    1. Re:Two options left by Mistshadow2k4 · · Score: 1

      How will that help? No matter what size your penis is, they'll just send you (more) penis-enlargement spam.

      --
      I dream of a better world... one in which chickens can cross roads without their motives being questioned.
    2. Re:Two options left by LiquidCoooled · · Score: 0

      Since they won't see the subject name, they will just assume your a sick fuck and lock you away for years and years :P

      --
      liqbase :: faster than paper
    3. Re:Two options left by 77Punker · · Score: 1

      Well, it was supposed to be more funny than useful. But hey, if everybody did it then I bet it could make a difference. If they start rejecting attachments and HTML there's always the ASCII penis route as well.

    4. Re:Two options left by smooth+wombat · · Score: 1
      or send pictures of your penis to the agency responsible for reading the emails.

      Goatse might be better.

      --
      We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
  9. It just gets dumber. by RoffleTheWaffle · · Score: 2

    This idea is made of crap and stupid. What, are they just trying to scare people into not using e-mail if they're going to blow something up, or do they actually care if someone is sending e-mail from a spoofed site named "rofl.mao"?

    1. Re:It just gets dumber. by PDXNerd · · Score: 1

      How many people spoof all headers? You and a few dozen other paranoid few? The majority of people do not, and that is all they care about. (If this was really about terrorism, they would know this wouldn't work - they want to fill out their "social connections" database a little better.)

  10. Get yer encryption here, folks by chiph · · Score: 5, Informative
  11. Don't worry. by khasim · · Score: 2, Informative

    You only lose any Rights you haven't used within the last 90 days.

    Now, you have to prove to the government that you're actually using any Rights you want to hang on to.

    I recommend calling and sending real letters to your CongressCritters.

    1. Re:Don't worry. by Ucklak · · Score: 1

      I haven't used a firearm in 22 years (used at a shooting range) nor do I have a current desire to own one but that right better never be taken away from me.

      --
      if you steal from one source, that is plagiarism, if you steal from many, well, that's just research.
    2. Re:Don't worry. by Schraegstrichpunkt · · Score: 3, Insightful
      but that right better never be taken away from me.

      Or what? Seriously, what would you do? Sadly, I think you overestimate your ability to protect yourself.

    3. Re:Don't worry. by halltk1983 · · Score: 1

      Or i go to the black market, buy some guns, get my friends to do the same, and we'll go "protest" and "demonstrate", until Texas secedes. Maybe the new government will see things our way. I *know* texas would secede. Since that's where I live... I know I'm protected.

      --
      Watch for Penguins, they eat Apples and throw rocks at Windows.
    4. Re:Don't worry. by Pantero+Blanco · · Score: 1

      In that hypothetical situation, those rebelling wouldn't have to actually defeat the military, law enforcement, et cetera. They would just have to give the government a choice between giving in or killing millions of its own citizens. Even if every politician in DC had no moral qualms about it, doing so would set the country back decades and probably spark international conflict as well.

      Not to mention a huge portion (likely the majority) of the military and law enforcement would already be on the side of the rebels.

    5. Re:Don't worry. by Catbeller · · Score: 5, Insightful

      You are aware that Haliburton recently landed a 347 million dollar contract to build new "emergency detention" facilities in the continental U.S.? They're building prison camps for tens or hundreds of thousands of people. The reason given is "immigration emergencies", or disaster housing.

      I don't know exactly how to pound the point home any harder, but they are preparing for national upheaval. They are building concentration camps, my friend, and if anyone tries rebellion they are going to become permanent residents. You're presenting a false choice, letting rebels live or killing them. They've plans to lock them up en masse. Bush already has defacto power to strip citizenship and human rights away at will; locking protestors or armed rebels into Kellogg Root and Brown maintained mass prison camps wouldn't stonker them at all. In case ya'll haven't noticed, crossing SS designated boundaries around public events (I interpret this as leaving the "1st Amendment Zone") is now a federal felony subjecting the criminal to arrest -- by the Secret Service. As a terrorist, essentially.

      This isn't a new plan, either. Reagan's people had a contingency plan set up to mass arrest and imprison dissenters back in '84. Our boy Oliver North had a huge hand in the plan. It's amazing how the same names keep popping up.

      they have taken on vast unconstitutional powers to capture terrorists. Now, the next step is to redefine "terrorist". They've already designated PETA a terrorist organisation. Peace groups have been infiltrated and monitored since 2001 -- as terrorists, of course. Bush has linked criticism and terrorism already. His posse obviously is following a plan which ends with their party enabled to imprison dissenters without trial, subject to torture at will, or even death. Didja hear Guantanamo has a execution station now?

      You can't get near the President anymore unless you sign a loyalty oath and are vetted by the SS for Republicanism. Show up with a sign or a T-Shirt with something to say and you are out, or under arrest. And despite what you might think,the cops are all on board with the President. I saw what happened in Chicago back in 2003. The cops are hard-core Republicans. Same with the military brass (not so much the rank and file). Someone once refered to the Army as the armed forces of the Republican party.

      In other news, hunger strikes have nearly disappeared at Guantanamo Bay after they've strapped the hunger strike non-people into "feeding chairs", forced food down tubes, and physically prevented the tortured from throwing up the food. Afterwards they locked them into "cold cells" for punishment. I can only assume they're using the cold water hoses in the 50 degree concrete cells again, to get those prisoners nice and hypothermic and quiet.

      I don't feel very ironic anymore. This is very dangerous. they are totally out of control, and there is no mass media that anyone trusts anymore, since news was turned into a "business" instead of a loss leader to keep a broadcast license, to tell us what's happening. We have to read overseas press to find out what's going on in our own country.

    6. Re:Don't worry. by larkost · · Score: 1

      Reminder: the amendment you are referring to only prevents the Federal government from restricting the states from having a "well governed militia". It does not restrict the states in any way from outright banning all firearms within their borders.

      So, you have no inalienable right (implied or otherwise) to own a firearm. It is only that the states have decided that firearm possession is ok.

    7. Re:Don't worry. by killjoe · · Score: 1

      THis post isn't going to alarm the grandparent. He is a right winger, he wants PETA to be rounded up and locked up. Saying that the govt is going to round up democrats isn't going to bother any member of the NRA. They will pitch in and help!

      --
      evil is as evil does
    8. Re:Don't worry. by monkeydo · · Score: 1
      You are aware that Haliburton recently landed a 347 million dollar contract to build new "emergency detention" facilities in the continental U.S.? They're building prison camps for tens or hundreds of thousands of people. The reason given is "immigration emergencies", or disaster housing.

      Bullshit. They are doing no such thing. KBR was given a renewal of a contingency contract that they've held since at least 2000 (doh' Clinton was President then, I didn't know he had Haliburton stock). Even more importantly, nothing is being built:
      The contingency support contract provides for planning and, if required, initiation of specific engineering, construction and logistics support tasks to establish, operate and maintain one or more expansion facilities.
      So, it's a contract to possibly provide logistical and engineering support at some point in the future, should it be necessary. That's hardly the same as awarding a contract to begin building concentration camps, now is it? Please take your moveon/truthout/michaelmoore bullshit elsewhere.
      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    9. Re:Don't worry. by Anonymous Coward · · Score: 0

      Not true. Unlike the first amendment that specifically mentions "Congress shall make no law", there is no such restriction in this case, the amendment states "shall not be abridged". Every state in the US has chosen to abide by the Constitution and has accepted the bill of rights as part of membership in the US, any state chosing not to obey this part of the Constitution is failing to uphold its part within the Union.

    10. Re:Don't worry. by monkeydo · · Score: 1

      Reminder: the amendment you are referring to only prevents the Federal government from restricting the states from having a "well governed militia". It does not restrict the states in any way from outright banning all firearms within their borders

      Who are you reminding? O are you just trying to convince yourself that something you read in your HCI newsletter is common knowledge?

      I guess you think that Madison accidentally typed "the right of the people," when he meant, "the right of the states." Out of curiosity, where else in the Constitution or Bill of Rights does "the people" actually mean "the states"? The first amendment? The fourth?

      BTW, "well governed" and "well regulated" aren't the same thing.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    11. Re:Don't worry. by Chowderbags · · Score: 1

      Perhaps you should read up on the incorporation doctrine. The Bill of Rights applies to any governmental authority, as they are fundamental rights. You know, due process and all that mumbo-jumbo that should protect us (if it weren't for the monopoly on political power at this moment by the right, who at this point seems hell bent on stripping away rights :( ).

    12. Re:Don't worry. by Concerned+Onlooker · · Score: 1
      Please take your moveon/truthout/michaelmoore bullshit elsewhere.

      But we need those organizations to counteract the Bush/Cheney/Rove/Rumsfeld bullshit. Unless, of course, you are hostile to the ideals of democracy.

      --
      http://www.rootstrikers.org/
    13. Re:Don't worry. by Catbeller · · Score: 3, Interesting

      Every point I made has come out of the news services in the last few weeks. "Michael Moore" didn't tell me this; Halliburton.com told me about the camps, and AP and the newspapers told me the rest. Abu Graib cost 8 million. How many camps are they building with 347 million??

      The feeding chairs were in today's news. The prison officials are quite proud of their accomplishment. They seem to really like tying up naked men. Those men are simply trying to die to leave hell. They are being tortured, every day they are in a cage. We've let thousands free from these camps, uncharged, since they hadn't done anything. Fairly good bet we're hosing down innocent men. We've killed about 32 during their various tortures, didja know? It was in the news. Google is your friend. That's the number the military admits to torturing to death.

      All you have to do is read. But you don't, do ya. Ya get your news from Limbaugh and the new, "culture-changed" CNN, and of course Fox News and the others.

      this isn't "liberalism", this is about morality and truth. It's about not torturing innocent people, about concentration camps being built while CBS and NBC and CNN and Fox don't give a damn.

    14. Re:Don't worry. by conJunk · · Score: 1
      Halliburton.com told me about the camps

      okay. where's the link?

    15. Re:Don't worry. by monkeydo · · Score: 1

      We don't need anyone's bullshit. The facts will do just nicely to counteract any bullshit that appears, without resorting to partisan bullshit from the opposite side.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    16. Re:Don't worry. by takeya · · Score: 1

      I don't think that there's one damn state without a secessionist movement.

      I only wish they'd work!

    17. Re:Don't worry. by TheSpoom · · Score: 1

      I agree. Where's the link? I'd be willing to believe either of you, but your argument comes out looking more falsified because you don't have any citations to back it up, while the rebuttal to your arguments has at least one. Are we supposed to take you at your word?

      --
      It's better to vote for what you want and not get it than to vote for what you don't want and get it.
      - E. Debs
    18. Re:Don't worry. by 3-State+Bit · · Score: 2, Informative
      Halliburton.com told me about the camps.
      okay. where's the link?
      I was wondering too, so I Googled and got the following link:

      Halliburton - Financial News

      * KBR has been awarded a contract announced by the Department of Homeland Security's United States Immigration and Customs Enforcement (ICE) component. The Indefinite Delivery/Indefinite Quantity contingency contract is to support ICE facilities and has a maximum total value of $385 million over a five-year term. The contract provides for establishing temporary detention and processing capabilities in the event of an emergency influx of immigrants into the United States, or to support the rapid development of new programs.
      (Emphasis mine.)

      From:
      http://ir.halliburton.com/phoenix.zhtml?c=67605&p= irol-newsArticle&ID=809356&highlight=

      Notes:
      My Google query was "site:Halliburton.com contract emergency detention".

      In case the Halliburton document is taken down, or if you'd like to see it with the search terms highlighted, see the page in Google's cache.
    19. Re:Don't worry. by Concerned+Onlooker · · Score: 1
      Facts don't matter that much in the political world. There's a great quote Iriving Becker that goes like this:
      "If you don't like someone, the way he holds his spoon will make you furious; if you do like him, he can turn his plate over in your lap and you won't mind."
      Most people have their minds made up ahead of time about a certain politician and then just rationalize their way out of any "facts." Just think about it. If a Democratic president was pulling the same crap that the current administration is the Republicans would be going ape, but because he's their man he can turn his plate over in their laps all he wants to.
      --
      http://www.rootstrikers.org/
    20. Re:Don't worry. by kyz · · Score: 1

      They've already designated PETA a terrorist organisation.

      Er, no "they" haven't. The FBI has named SHAC (Stop Huntingdon Animal Cruelty), ELF (Earth Liberation Front) and ALF (Animal Liberation Front) as terrorist organisations. This is because they genuinely go around blowing up stuff with bombs.

      Now, PeTA certainly has funded these organisations, and has definitely assisted people who perpetrated actions claimed in the name of these organisations (such as Rodney Coronado, a convicted firebomber), but PeTA itself is not a "terrorist organisation", merely a "supporter of terrorism".

      This isn't due to some government paranoia; I don't like the Bush administration any more than you do; but you can't get mad about them calling out ELF, ALF and SHAC, it's just plain and simple fact. PeTA dole the money out to crazy folks, crazy folks blow stuff up.

      --
      Does my bum look big in this?
    21. Re:Don't worry. by JThundley · · Score: 1
    22. Re:Don't worry. by Anonymous Coward · · Score: 0

      How mysteriously quiet the protesting ~monkeydo became. Odd, isn't it, the way actual facts, from the horse's mouth no less, work? I now expect apologetic posts instead. Bleh.

    23. Re:Don't worry. by monkeydo · · Score: 1

      Your link seems to confirm precisely what I posted. The "new contracts to build concentration camps" are in fact extensions of existing contingency contracts to provide engineering and logistical support should they become necessary. Sort of like when you put your lawyer on retainer.

      HTH
      HAND

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
  12. Use encrypted ESMTP by tvlinux · · Score: 1

    There is a protocol that supports end to end encryption, ESMTP. I use courier-mta on Linux as my mail server, sendmail also supports it. The problem is there are those admins that are clueless and don't know about ESMTP encryption or don't care or use older MSwindows. If I required TLS I could not send half my mail.
    This protocol would only protect against passive snooping, if the DNS was poisoned then the man-in-the-middle attack would work if they did not have a signed certificate.

    1. Re:Use encrypted ESMTP by Anonymous Coward · · Score: 0

      How is encryption of the email body going to affect them logging headers? Didn't you even read past the title of the summary?

    2. Re:Use encrypted ESMTP by hey · · Score: 1

      I use TLS on Postfix. The first command any complain mailer does is: STARTTLS and the remainder of the conversation is enctypeed (including HELO, RECIP, etc and the mail header). If you are admin of a mail server check out TLS.

    3. Re:Use encrypted ESMTP by Anonymous Coward · · Score: 0

      The encryption is point to point NOT message encryption! This means the two servers setup an encrypted session like https using SSL. The only information that can be gleaned is that a a ssl session was set up. NO headers are revealed. Read the ESMTP RFC. Didn't you have any training?

  13. ThinkGeek sponsorship by thaerin · · Score: 1

    I'm thinking they should team up with ThinkGeek and hand out shirts to all those who take advantage of this ruling - http://www.thinkgeek.com/tshirts/frustrations/31fb /

    --
    If big boobed women work at Hooters do one legged women work at IHOP?
  14. The 6 degrees of Kevin Bacon. by khasim · · Score: 2, Interesting
    Encryption will block them knowing the dirty joke you just told your friends, but it won't stop them from knowing WHO your friends are!
    So, you sent and email to Mr. A.

    Who sends email to Mr. B.

    Who sends email to Mrs. C.

    Yeah, you see where this is going. Just about anyone can be connected to anyone else with enough hops.

    And the government would be "justified" in collecting the information on each of the people in those hops because those people are "connected" to someone under investigation.
    1. Re:The 6 degrees of Kevin Bacon. by MarkusQ · · Score: 0, Redundant
      Encryption will block them knowing the dirty joke you just told your friends, but it won't stop them from knowing WHO your friends are!


      So, you sent and email to Mr. A.

      Who sends email to Mr. B.

      Who sends email to Mrs. C.

      Yeah, you see where this is going. Just about anyone can be connected to anyone else with enough hops.

      And the government would be "justified" in collecting the information on each of the people in those hops because those people are "connected" to someone under investigation.

      It's potentially even worse than that. Say you get an e-mail about mortgage rates so low that it will make your penis size double while you earn a college degree from Canada (including videos of the dorm life you are missing).

      So do 50 million other people, one of whom is a terrorist suspect. Hmmm, must be a coded activation message sent out to all the sleeper cells (note the funny way they spell "farmasuiticals"). So you are all suspects now.

      Welcome to the slippery slope to hell. Watch your step, it's paved with "good intentions" and we wouldn't want anyone to slip up, now would we?

      --MarkusQ

    2. Re:The 6 degrees of Kevin Bacon. by Anonymous Coward · · Score: 0

      For a long... long time I've wondered about the contents of spam mail. The spelling and gibberish has become so prevalent that, on a sunny afternoon with nothing to do but stare out the window, I've wondered if massive spam is being used to coordinate someone. Not just terrorists. Maybe a few top spammers use some encoding in the gibberish to communicate information about networks. Perhaps the particular schema behind the misspellings and lower forms of leet-speak communicate information about progress. Who knows.

      A good point is brought up about social networking whereby nearly anyone can be connected to anyone with enough hops. Let's just assume for a moment that the NSA spying program really is confined exclusively to international transmission. Are satellites used to transmit cellular calls in international airspace? If you're using an IM program and it's bouncing through a server not on US land, isn't that international? Since Washington DC isn't a state is that considered, through some legal hopscotch loophole, to be international? There are plenty of big pipes in DC through which legitimate US traffic could flow. How about this one: The NSA can't spy on the transmissions in the US, but for purposes of redundancy they've had a major backbone set up a hub to mirror the traffic to a server in Great Britain. Instant internationality. Think IRC... or even /., where the message you post in the US could be transmitted to a reader anywhere in the world. That's an international communication and would legally be fair game.

      While the dog and pony show carefully refers to the spying program in limited terms to bring nothing but telephone calls to the forefront of people's minds the fact is that the definition of international communication extends to damn near everything.

  15. Disclaimer by ObsessiveMathsFreak · · Score: 1

    PGP may make email correspondence with most users, including virtually all webmail based users, impossible.

    --
    May the Maths Be with you!
    1. Re:Disclaimer by sulli · · Score: 1

      Until they get PGP also. (Why oh why is it not built into email clients?!)

      --

      sulli
      RTFJ.
  16. What about other countries by Pulse_Instance · · Score: 1

    I am wondering if the people doing the surveilance will care about stopping at their own borders. Sure it is probably ok if they read an email that I send to one of my friends or co-workers in the states, well aside from the co-workers as that sometimes contains confidential information, but are they going to stop at reading the email that I send here in Canada. With what I have seen so far there does not seem to be anything stopping them and with the technical knowledge that most of the people making decisions seem to have they could easily argue something that would enable them to get away with reading the email that everyone in the world sends. If the American laws state that it is ok for them to read emails, sure it is just read sender and recipient right now, I have no problem with them doing it as long as they are only reading emails send to or received by Americans, in America.

    1. Re:What about other countries by Anonymous Coward · · Score: 0

      Don't worry, the CSE is already reading your email, eh?

    2. Re:What about other countries by budgenator · · Score: 1

      Other countries are fair game, infact because it was illegal, for americans (as in CIA and NSA) to survail americans and illegal for the Birtish to survail Brits, the americans had the Brits survailing the americans, and they inturn survailed the Brits. Most Embassies look like a hedgehog because of all the snooping antennas sticking out.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    3. Re:What about other countries by Pulse_Instance · · Score: 1

      From what I understand it is no longer illegal for Americans to surveil Americans, at least for email. What the Americans and the Birtish arrangement is I don't care, because Canadians are not British and their laws do not apply to us.

    4. Re:What about other countries by budgenator · · Score: 1

      then Other countries are fair game, applies.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
  17. If you arent doing anything wrong then dont worry? by digitaldc · · Score: 2, Insightful

    Welcome to the land of the 'free' and the home of the surveilled.

    --
    He who knows best knows how little he knows. - Thomas Jefferson
  18. Mod parent by Anonymous Coward · · Score: 0


    exactly, try explaining how it works to your average Outlook User, never mind your non-pc-literate friends, most people dont use encryption because it is way too hard to understand and use, it has to be made simpler (ie. seamless/hidden/on-by-default) if its to be adopted by the masses

  19. We are on our way to... by dwayner79 · · Score: 2, Informative
    --
    Religion and politics, without the flame. godgab.org
    1. Re:We are on our way to... by aztec+rain+god · · Score: 1

      How quaint that when you hit "Take Action" you get a "Page not found" message.

      --
      Sig cannot be found.
  20. This is the envelope information by mi · · Score: 1
    I suppose, the information on the regular paper envelopes (adress and return address) was always available to prosecutors.

    How about the phone calls — couldn't they always observe, who is calling a suspect, even if the actual listening requires a judicial warrant?

    --
    In Soviet Washington the swamp drains you.
    1. Re:This is the envelope information by Anonymous Coward · · Score: 0
      I suppose, the information on the regular paper envelopes (adress and return address) was always available to prosecutors.


      No, because the mailer could omit any return address. They could not determine who mailed a letter unless they somehow traced all mail (i.e., took movies of postal drops and correlated that with individual pieces of mail). Even if mail was opened and examined, proving that a particular letter was from a particular person _could_ be difficult/impossible. (Still is today, when you think about it.)
    2. Re:This is the envelope information by mi · · Score: 1
      No, because the mailer could omit any return address.
      Anonymous remailers for e-mail exist too, some are free and easy enough to use.
      Even if mail was opened and examined, proving that a particular letter was from a particular person _could_ be difficult/impossible.
      Such proofs are only harder with e-mail — no handwriting experts would help, etc. But the prosecutors are not even asking for the Subject-header, according to TFA. Much less for the body.
      --
      In Soviet Washington the swamp drains you.
  21. This is nothing new by slackaddict · · Score: 1

    First of all, employers have been monitoring e-mail for years and we all know how fundamentally unsecure plain text e-mail is. Just like your regular paper mail, if you want to have some privacy, use some measures to conceal the content. If you send postcards all the time, don't expect any privacy.

    --
    ConsultingFair.com
  22. No different then phones by RingDev · · Score: 1

    This is already the case with any phone call you make. The police can pull the luds on the phone and know what numbers you called and for how long. They have no idea on the content how ever. And I don't believe they need a warrent to get this information.

    This is the same thing only for email. Instead of a list of numbers, they get a list of email address and times that you've sent stuff too. No content, no subject lines.

    Just Jimmy@MyMail.com emailed Jonna@YourMail.com at 9:37pm on 02/06/2006.

    -Rick

    --
    "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
  23. Privacy by backslashdot · · Score: 4, Insightful

    Thanks to boring people, world is moving towards a total lack of privacy. The governments want to be in on every piece of human interaction. Not only that, they wish to record it too.

    Soon a day will come ..worldwide .. no place to run style .. if it hasn't already for muslims .. where one can no longer can you be silly on the phone. No longer can you make racially biased or culturally insensitive jokes even among non-racist friends. I hope our body is well toned, for it'll be on camera .. you don't want your friendly monitors laughing at you. You have to worry about everything you say on the phone. You can't ask about the weather even because you'll have to worry about whether it'll be interpreted as meaning something else ("why would you care about weather in some other country"). No longer can you raise your voice to your own child. No longer can you tell little white lies to hold on to some image. On the "bright" side .. you won't be able to cheat on your girlfriend.

    They already want to be in on every financial interaction (sales/income tax). I rather pay a flat amount every year for "my share" of defense costs and be done with it. Are they going to ta happiness too soon? "You exchanged happiness, we want out fair share cause you wouldnt have been able to exchange happiness was it not for us" .. Sorry but I only give to Caesar what belongs to him.

    I value my privacy, and I believe that the fourth amendment makes America a strong nation. The founding fathers of the USA understood that the right to privacy is one of those inalienable human rights endowed by our creator. (if you read the first amendment you will see that that it's a right "ot to be violated", rather than a gift from government. I believe the right to privacy is what keeps a nation free from oppression, tyranny, and pathological dictators. Fuck all the fake patriots who'll sell us otherwise.

  24. It's for a grand jury , so different rules apply by reverendlex · · Score: 2, Informative

    Since it's a Grand Jury investigation, the regular 4th Amendment (search and seizure/probable cause) rules are relaxed. A Grand Jury subpoena only requires that the information obtained isn't a fishing expedition.

    This isn't another spying story- grand juries have had the power to read all of your documents to determine if a crime has been committed for hundreds of years.

  25. Someone is going a bit far... by Anonymous Coward · · Score: 1, Funny

    to see if his girlfriend is talking to other guys.

  26. Ethics of extended recording for later analysis by backslashdot · · Score: 1

    The ethics of recording for criminal activities over an extended period of times is dubious. How many of you would like it if your local police department recorded speeders over a period of 1 month on video and sent out notices for every time you sped .. the first time you "get caught"?

    Somehow I think many of us would be against that particular thing. But hey privacy is only for those who have soemthing to hide. NOT.

  27. Hmmm by Pizentios · · Score: 0

    Sounds like somebody's trying to make the world's largest spam list. Should go something like this: 1) Work your population into a lather of fear. 2) Get a grand jury to let the cops find out who you email. 3) Profit!!!

    --
    -Pizentios
  28. Ob Dr.Evil quotes by dc29A · · Score: 4, Funny

    You're semi-free.
    You're quasi-free.
    You're the margarine of free.
    You're the Diet Coke of free.
    Just one calorie, not free enough!

  29. Clearance sale at ThinkGeek by Provocateur · · Score: 1

    Those stickers that say "I read your email" suddenly take on new meaning.

    And will be featured in special editions of the 'Despair' and 'Demotivator' calendars if you pre-order now.

    --
    WARNING: Smartphones have side effects--most of them undocumented.
  30. Re:It's for a grand jury , so different rules appl by Anonymous Coward · · Score: 0

    did you read the article or the summary?

  31. slippery slope into police state 24/7 by Intangion · · Score: 2, Insightful

    whats next? you have to store your files where the government can look at them whenever? you have to live in a plastic box with bars over it and camera survelance on you? concentration camps? thought monitoring? so you can be scrutinized and analyzed and your everythought crossreferenced with everything else to determine if you one day might think of doing something criminal? its going to be like the movie minority report, only worse.

    we are losing our liberties faster than we can blink, life under a microscope is not freedom

  32. Re:I hate to be redundant by teslar · · Score: 1

    Well, there is an easy way to check if you're being monitored:

    1. CC (or BCC) o.bin-laden@aljazeera.net in every email.
    2. Wait 10 minutes.
    3. Look outside.

    Nothing unusual - you're fine.
    Black vans start pulling up, neighbours with a two mile radius have been told to "go for a walk" - yup, you were right to be paranoid after all.

  33. No different than phones by Phrack · · Score: 1

    They are being treated the same way as phone records. Phone records (originating number, terminating number, etc) are not considered the same way as the *content* of the call itself. The records can be obtained with a simple subpoena. A log entry that shows some originating email address sent mail to another without revealing the content of the message is quite analogous.

    I forget the case/legislation that established that difference in treatment. Someone else might can followup with that.

    --
    Dump the IRS - http://www.fairtax.org
    1. Re:No different than phones by Anonymous Coward · · Score: 0
      I don't know if this is the case you're thinking of, but it seems to be on-point:

      Smith v. Maryland, 442 U.S. 735 (1979).

      It's a Supreme Court case. The basics of the facts surrounding this case are that the petitioner claimed his conversations were illegaly "searched" by use of a pen register. A pen register can record the numbers dialed from a phone number, but that's it--just the phone number. The Supreme Court disagreed--recording the number dialed does not rise to the level of a search as meant in the Fourth Amendment.

      A pertinent portion of the opinion is quoted below (starting at page 743 of the reporter mentioned earlier).

      Petitioner argues, however, that, whatever the expectations of telephone users in general, he demonstrated an expectation of privacy by his own conduct here, since he "us[ed] the telephone in his house to the exclusion of all others." Brief for Petitioner 6 (emphasis added). But the site of the call is immaterial for purposes of analysis in this case. Although petitioner's conduct may have been calculated to keep the contents of his conversation private, his conduct was not and could not have been calculated to preserve the privacy of the number he dialed. Regardless of his location, petitioner had to convey that number to the telephone company in precisely the same way if he wished to complete his call. The fact that he dialed the number on his home phone rather than on some other phone could make no conceivable difference, nor could any subscriber rationally think that it would.
      Second, even if petitioner did harbor some subjective expectation that the phone numbers he dialed would remain private, this expectation is not "one that society is prepared to recognize as 'reasonable.' " Katz v. United States, 389 U.S., at 361, 88 S.Ct., at 516. This Court consistently has held that a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties. E. g., United States v. Miller, 425 U.S., at 442-444, 96 S.Ct., at 1623-1624; Couch v. United States, 409 U.S., at 335-336, 93 S.Ct., at 619-620; United States v. White, 401 U.S., at 752, 91 S.Ct., at 1126 (plurality opinion); Hoffa v. United States, 385 U.S. 293, 302, 87 S.Ct. 408, 413, 17 L.Ed.2d 374 (1966); Lopez v. United States, 373 U.S. 427, 83 S.Ct. 1381, 10 L.Ed.2d 462 (1963).
      (emphasis added)
  34. Government concerns aside... by Mantrid · · Score: 1

    Government concerns aside, if you have something in any way, shape, or form, that you consider to be sensitive or private, WTH WOULD YOU PUT IT IN AN EMAIL? I mean seriously, nevermind that government could read it, what about any hacker or shady type with any sort of desire to read your email and any bit of technical knowledge.

    I can't believe some of the stuff that people will put in an email that can be intercepted, forwarded, CC'd etc.

  35. Northing new by cfulmer · · Score: 1

    Police have long been able to record the telephone numbers that you're dialing without a warrant. The idea is that the information you give a third party (like the phone number you're dialing to the phone company) isn't protected. Similar information comes from the header of e-mails -- you have to tell your ISP where it's going, so they're the third party.

    The interesting case is going to be when your computer sends the e-mail directly to your friend's computer. In that case, there is no third party.

  36. Suspect this has nothing to do with email content by JustASlashDotGuy · · Score: 1


    From this, I get the feeling this has nothing to do with email content. If
    the feds are looking for someone, the body/subject of the email may be
    unimportant. After all, it could be encrypted in some fashion that the feds
    are unable to decrypt.

    The headers are gold tho. The headers can help the feds trace down a
    suspected terrorist, here's an example.

    1) Assume we have been tracking some terrorist in the US. We haven't
    arrested him because we are hoping he will lead us to a big fish. So, we
    install some monitoring software on his PC.

    2) Eventually, he sets up a bogus hotmail account and then emails the big
    fish about his current email address.

    3) The feds sit and wait for one of two options.

    ..Option 1) If possible, they monitor for that big fish to check his email.
    As soon as that account is logged into, we trace his IP and find out where
    he is. That of course depends on the email provider notifying us as soon as
    it's check. It could be most difficult if that ISP is not a US friendly
    ISP.

    ..Option 2) We wait for the small fish to start receiving emails to his
    bogus account. We can't read the body of the email (because it's
    encrypted), but we can look at the originating IP and trace it back to its
    source. It's slower than option 1, but hopefully the big fish will still be
    sitting behind his PC when we drop the bomb. Or if we are lucky, we capture
    him and then get him to decrypt the emails for us.


    Another perk of knowing who the small fish is emailing, is that if the Big
    Fish's email host happens to be US Friendly, then we can monitor the big
    fish and see who else has been emailing him and then repeat the process
    again. It's possible that you could build up a fairly large matrix pretty
    quick.

  37. Oblig. Monty Python joke. by Anonymous Coward · · Score: 0
  38. Re:I hate to be redundant by quokkapox · · Score: 1

    I've got a little karma to spare. Slashdot can be fun :)

    --
    it's a blue bright blue Saturday hey hey
  39. Traffic Analysis by redelm · · Score: 1
    This is similar to looking at addresses on postal envelopes. Probably considered a minimal invasion of privacy. Where none was reasonably expected. Next down the slippery slope is comparing keyword sniffers to drug dogs. Very limited detection on both, and no possibility of other (private) information leakage. But an alert _is_ probable cause.

  40. Not unlike what police can get now with phones by _LORAX_ · · Score: 1

    They are seeking to get the routing information of email. They must certify that it is needed for an ongoing investigation, but need not certify that the person is accused of any wrongdoing. This is hardly a huge leap in caselaw, just a new extension for the digital age. If you really feel threatened by it use hushmail. This is not a huge change in our existing privacy rights. Hell if the post office kept that kind of information I'm sure the police could get routing information there too ( if they don't already ).

    So hold on to your tin foil beanies, the sky is not falling.

  41. Oh no! They're treating e-mail like regular mail! by wiredog · · Score: 2, Interesting

    You know, looking at the address and the return address on the envelope for regular mail doesn't require, iirc, a warrant.

  42. Re:I hate to be redundant by Daniel+Dvorkin · · Score: 4, Insightful

    This is definitely not "it". The surveillance of every single out-of-country phone call might have been "it". Some of the dozens of things the government has/hasn't gotten in trouble for doing illegally might have been "it". But this is, seriously, nothing.

    You make an important point, but probably not the way you intended.

    There is no "it." There is no one big, dramatic thing the government does that says, "This is the point where we're no longer free." France did not tumble overnight into the Reign of Terror. Russia did not go in a day from Revolution to purges and gulags. Germany did not start building death camps as soon as the swastika flew over the Reichstag. Cuba was as free as any country on Earth the day Castro took power.

    Etc. Tyranny doesn't happen in an instant. It happens steadily, insidiously, and at every point there are people saying, "Oh, this isn't so bad, and it's for our own good ..." It's only at the end of the process that you wake up, look around, and ask, "Where did freedom go?"

    --
    The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
  43. But, but... "They sometimes forget," right? by ianscot · · Score: 1
    Joe Biden questioning our Attorney General the other day about the supposed damage to our intelligence system because of the NSA leak:

    BIDEN: Thank you very much. General, how has this revelation damaged the program? I'm almost confused by it but, I mean, it seems to presuppose that these very sophisticated Al Qaida folks didn't think we were intercepting their phone calls.

    GONZALES: Well, Senator, I would first refer to the experts in the Intel Committee who are making that statement, first of all. I'm just the lawyer. And so, when the director of the CIA says this should really damage our intel capabilities, I would defer to that statement. I think, based on my experience, it is true - you would assume that the enemy is presuming that we are engaged in some kind of surveillance.

    But if they're not reminded about it all the time in the newspapers and in stories, they sometimes forget.

    So, see, you're wrong. While those more difficult-to-eavesdrop-on methods are available to our enemies, sometimes, sometimes, they forget and set up simple, unencrypted hotmail accounts. Sometimes they use their credit card numbers without a secure sockets layer, too, and we get the numbers and use them to charge ammunition for the war against terror.

    Thus argueth the Attorney General of the United States of America.

    --
    "Fundamentalism" isn't about divine morality. It's about human authority.
    1. Re:But, but... "They sometimes forget," right? by DJCacophony · · Score: 1

      You mean the same attorney general who argued that Abraham Lincoln's electronic surveillance programs justified his own?

      http://www.sacbee.com/content/politics/story/14161 392p-14989322c.html

      --
      Slow Down, Cowboy! It's been 60 minutes since you last successfully posted a comment.
  44. Does that mean... by AlienGoods · · Score: 1

    that they read my email to osama@goingtoblowupamericalikeamotherfuckerandbush isandasshole.com?

    --
    Lighten up. Its only a post.
  45. Re:Suspect this has nothing to do with email conte by tinkerghost · · Score: 1

    Mail2Web.
    Last time I checked, it posted it's IP address on the header not the IP address of the PC you logged in from.

  46. So what? by sasdrtx · · Score: 1

    What difference does it make what's "allowed", and what's "legal"? The Bush administration has made it clear they intend to do whatever they think is "necessary" regardless of what Congress, the Supremes, or the unwashed masses have to say about it. And, they intend to keep it all secret, so as to avoid all this hand-wringing as much as possible.

    --
    Most people don't even think inside the box.
  47. Use Free Software by massysett · · Score: 4, Informative
  48. But yet: by Lost+Penguin · · Score: 1

    Our congress is not allowed to ask questions of people involved in the Katrina response due to the current White House administration's need for private communications.

    Our congress is not allowed to know about the meetings between the Vice President and Oil/Energy (read Enron) Executives, due to their need for private communications.

    This sounds(sadly)like a Slashdot "in Soviet Russia" joke!

    --
    I am the unwilling control for my Origin.
  49. American is not English by Anonymous Coward · · Score: 0

    You do wrong by writing "wrongdoing".

    1. Re:American is not English by Anonymous Coward · · Score: 0

      Yeah, Webster must be wrong.

  50. Re:Oh no! They're treating e-mail like regular mai by Ph33r+th3+g(O)at · · Score: 1

    True, a mail cover doesn't require a warrant. But those involve mail already being handled by a former government, and now quasi-government agency. This development forces the cooperation of private companies in an electronic mail cover.

    --
    I too have felt the cold finger of injustice.
  51. Think logs not headers. by bobs666 · · Score: 1

    The SMTP servers know the IP-address of the incoming message and know who you are asking to forward the message to. ISP's can map customer IP-addresses to a subscriber. So the information is there. A News caster will reword all of that in terms that the average reader will easily understand. that is TO: FROM: and DATE: The information is there. Just not where you are looking for it.

  52. RTFA People. by Khyber · · Score: 1

    This is for a GRAND JURY. They've had the ability to go through your documents in order to determine if you've committed a crime for DECADES. The 4th amendment does not apply TOO much considering this is for a criminal investigation already underway, for a court and jury.

    You can loosen the grip on your mouse, now, people. Nothing UNUSUAL to see here, move along.

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  53. The solution is obvious by ajs318 · · Score: 1

    The solution is obvious. Install GNU Privacy Guard or a similar OpenPGP implementation, and use it all the time for even the most innocuous of messages. Make encryption the rule rather than the exception. Distributors may want to think about having key generation done as a standard part of installation, with public keys being uploaded to a central server as soon as an internet connection becomes available, and enabling GPG by default.

    While it is not the be-all-and-end-all of personal security, encryption - if used properly - is an important step. And it becomes easier to identify your friends; any message which is not encrypted is obviously spam. It will also make everything a lot harder for the authorities.

    --
    Je fume. Tu fumes. Nous fûmes!
    1. Re:The solution is obvious by Kevinv · · Score: 1

      you need encrypted transport. Encrypting the contents of an e-mail and using standard SMTP doesn't hide who the e-mail is going to (needed for envelope to ensure delivery) nor does it hide where it came from (IP's added to envelope headers by SMTP server, plus unencrypted from address)

      Using SSL would prevent interception between endpoints, but if the ISP at the end offers the e-mail after the SSL connection then the sender/receiver would be known.

      Note that the original only asks for header info anyway.

    2. Re:The solution is obvious by ajs318 · · Score: 1

      Well, when you post a traditional letter, it has the recipient's address on the outside of the envelope and a postmark from the sender's town. There's your header information. Encrypting the message body is just a way of making sure the header information is all they're going to see, like envelopes being opaque.

      --
      Je fume. Tu fumes. Nous fûmes!
  54. Why oh why is it not built into email clients?! by YesIAmAScript · · Score: 0

    Why? Because it costs money. PGP costs money, and since no one uses it, companies don't bundle it.

    Perhaps GnuPG? Well, there's the whole problem with the GPL (esp. V3).

    Additionally, the changes PGP require to mail are irksome. How you you receive PGP mail over a mailing list? Well, it's a pain, if it works at all.

    The funny thing about all this is that the article (even the summary) mentions that the data collected here is only the From:, To: and CC: lines. PGP can't protect those lines (subject either).

    --
    http://lkml.org/lkml/2005/8/20/95
    1. Re:Why oh why is it not built into email clients?! by arose · · Score: 1

      Email clients can bundle GnuPG binaries and talk to them via command line. There is no problem with GPL v3, certaily not as far as email communication is concerned.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    2. Re:Why oh why is it not built into email clients?! by ch-chuck · · Score: 2, Interesting

      Perhaps GnuPG? Well, there's the whole problem with the GPL (esp. V3).

      How about S/MIME ? I'm just playing around with it, but Evolution email has
      support for PGP and S/MIME. I just got a free cert from Thawte installed
      in Firefox, exported and loaded it into Evolution and can now sign/encrypt email
      and just recently send a signed email to Eudora which recognized it as a valid
      signature.

      --
      try { do() || do_not(); } catch (JediException err) { yoda(err); }
  55. Which is valuable and has precedent by Beryllium+Sphere(tm) · · Score: 2, Informative

    If you accumulate information about who talks to whom, when, how often, and whether they get replies, you are doing "Traffic Analysis"(http://en.wikipedia.org/wiki/Traffic_ana lysis) and getting valuable intelligence.

    Wiretapping law has distinguished between content and header-like information for a long time. Before Skype, even back before email, people used to communicate using devices called "telephones" which set up point-to-point voice grade audio streams. Police would sometimes record, not the actual audio, but just the addressing information that showed who communicated with whom. The laws about wiretapping made it easier to get permission to record traffic patterns than to record conversations.

  56. Re:I hate to be redundant by wift · · Score: 1

    I have no points to lend but I gotta say, good point. Too often people look for the straw that broke the camel's back when the problem isn't with the one straw, it's the field of straw on the camels back in the first place. I mean who put's straw on a camel now? It's all done by big combines and wagons. Ok, that went a bit farther than I intended but I want people to read your comment so the more replies you have the better it looks right?

    --
    ....... Thus ends my attempt at wit or whatever
  57. No such thing as "Land of the free" by ehiris · · Score: 2, Informative

    We're not even free-ish. The boundaries of control are just closing in on us. People in power always fight against individual freedoms because that's what maintains their influence.

  58. This is not new! by Max+Threshold · · Score: 1
    In 2000, I sent an email to my father and cousin in which I called Janet Reno "the domestic enemy I swore an oath to defend the Constitution against," and said the she needed to be removed "by any means necessary." A few days later, I was visited by two FBI agents from the Atlanta office. They had a printout of my email showing only what I'd written myself, with the quoted parts and the names of the recipients redacted. (I know, this detail makes very little sense. Maybe they were testing my honesty and willingness to cooperate when they asked me what the redacted parts said.)

    Apparently, they'd already interviewed a bunch of my co-workers about me before they came to my apartment. It became a perpetual joke around the shop. "Hey Krum, been visited by the FBI lately?"

    1. Re:This is not new! by Ph33r+th3+g(O)at · · Score: 1

      Sounds like you were in the military at the time. Did this message originate from your .mil or other government account? And look at the enemies of the Constitution in power now. They've eclipsed Reno, though she is evil enough.

      --
      I too have felt the cold finger of injustice.
    2. Re:This is not new! by Max+Threshold · · Score: 1
      I was in the military at the time, but the message was sent via my commercial email account from my off-base apartment. So the infrastructure was already in place (and in use) to scan email sent from commercial ISPs. And if they were targeting me specifically, it's perhaps even more disturbing, because it indicates that the system alerts them and identifies you when you sign up for a commercial account.

      So if you're paranoid, don't give your ISP your real SSN, I guess...

    3. Re:This is not new! by Anonymous Coward · · Score: 0

      So if you're paranoid, don't give your ISP your real SSN, I guess...

      Why would you be daft enough to give an ISP your SSN in the first place?

    4. Re:This is not new! by Ph33r+th3+g(O)at · · Score: 1

      Scary enough. Might be worthwhile to request any information held on you from DIS, as well as any service-specific investigative service (e.g. Army CID, NCIS) under the Privacy Act. What you get will be redacted, but might yield some insight on how you came to be under scrutiny.

      --
      I too have felt the cold finger of injustice.
    5. Re:This is not new! by Max+Threshold · · Score: 1
      Most demand it for credit-checking purposes. So does the phone company, the cable company, the electric company, etc.

      Of course, living in your mom's basement, you'll never have to worry about that.

    6. Re:This is not new! by Ph33r+th3+g(O)at · · Score: 1

      I've found that you can refuse, at least in the case of telephone and utility companies. Haven't tried with a cable operator. Often they will require a deposit in that case. Last time, I got 8% on my money, pretty damn good in these times.

      --
      I too have felt the cold finger of injustice.
  59. Slogan updated by Gorimek · · Score: 1

    The slogan you refer to has been updated. It's now "Land of the fee, Home of the slave".

    We apologize for any inconvenience.

  60. Re: - Call tree this... Bring on the spam by Anonymous Coward · · Score: 0

    Bring on the spam, then no one can tell what you are doing or not doing.
    Write auto-responders that reply to every piece of spam. It doesn't matter if the reply address is any good or not. Clog the internet mail with junk and . . . Oh never mind, all this is already happening.

  61. Time for old tricks... by cayenne8 · · Score: 1
    Well, I guess it is time for me to dust off my old 'nym' accounts.

    Damn...been a long time since I've played with nym accounts and remailers, but, at least that will confuse them for fun for a bit....with multiple bounces and each remailer stripping off header info, and encryption the whole way...would be near impossible for them to trace anything.

    Time to go do some research on what servers are still out there...and creating reply blocks...and mixmaster....etc...

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    1. Re:Time for old tricks... by narcolepticjim · · Score: 2, Insightful

      Don't you think they'll just adapt by sipping the data from the nearest point to you? What good is driving furtively, turning a random direction every three blocks if they saw you get in your car?

    2. Re:Time for old tricks... by cayenne8 · · Score: 1

      With setting up a nym server chain of servers, they will only know that first hop. And the email is encrypted each leg of the way, so they can't read it and tell what the message is, nor where its final destination is.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  62. GROAN by Anonymous Coward · · Score: 0

    that was awful! [grin]

  63. ALL YOUR EMAIL ARE BELONG TO US! by Intangion · · Score: 1

    you have no chance to privacy
    make your time!!

  64. Politicians more tech knowledgeable than ISP's by Gnavpot · · Score: 1

    We have the same law proposed here. It stranded due to the politicians lack of technical knowledge.

    That is not entirely correct. The minister who was responsible for the law did understand it correctly, but the largest internet provider in Denmark apparently did not, and the opposition believed the internet provider.

    Minister: You can record the needed traffic data without looking at any contents of the mail.

    Internet provider: No we can't. We need to analyze headers if we must log CC: recipients too.

    Pure bullshit from the internet provider. Mails to CC: recipients are sent with the "rcpt to: " SMTP command, exactly like mails to To: recipients, and both types can be logged without looking at header data.

  65. This goes hand-in-hand with the 'Annoyance Law' by orb_fan · · Score: 1
    A section of the The Violence Against Women and Department of Justice Reauthorization Act of 2005 that Bush signed into law 5 Jan, makes it illegal to send an anonymous email, as well as to facilitate in sending one. The combination of this ruling and the new law makes it impossible to send untraceable emails.

    The website anonymousemail.com is currently suing the government saying that the law is unconstitutional as it violates the First and Fifth Amendments.

    1. Re:This goes hand-in-hand with the 'Annoyance Law' by Ph33r+th3+g(O)at · · Score: 1

      Seems sort of unforceable. If you send an anonymous email, no one knows whom to prosecute. If they know it's you, then the email is ipso facto not anoymous.

      --
      I too have felt the cold finger of injustice.
    2. Re:This goes hand-in-hand with the 'Annoyance Law' by orb_fan · · Score: 1

      I guess is why the law says it's illegal to facilitate sending anonymous emails - the site, anonymousemail.com, can be prosecuted for allowing someone to send an email from thier server, the Feds go in a say, "Tell us who sent it or we'll see you in court." And hence, why they are challenging the law.

    3. Re:This goes hand-in-hand with the 'Annoyance Law' by Ph33r+th3+g(O)at · · Score: 1

      Ah--guess I should have RTFL :). Thanks.

      --
      I too have felt the cold finger of injustice.
  66. Re:Oh no! They're treating e-mail like regular mai by Anonymous Coward · · Score: 1, Informative

    You know, regular mail doesn't require a return address iirc.

  67. STARTTLS anyone by whoever57 · · Score: 1
    Well, encryption won't help if the only information they want are the headers. Those nifty "TO" and "FROM" fields let them know who you're contacting
    It depends how the information is to be captured. An increasing number of SMTP servers now support STARTTLS in SMTP (including Gmail). With TLS even the envelope addresses cannot be seen unless you have access to one of the servers that actually relay the email (or you can decrypt the data).
    --
    The real "Libtards" are the Libertarians!
  68. Let's all do our part to help fight terrorism... by Anonymous Coward · · Score: 0

    For each and every e-mail you send put the FBI, CIA, NSA, Whitehouse(.gov not .com) Congress, Supreme Court, State Assemblies, Governors, State Police, Local Police, City Council, Jerry Falwell, James Dobson, Ralph Reed, Bozo the Clown and your Homeowner's Association on your cc: list. That way we can make their job easier and feel safer when we send our kids to school in the morning and when we go to sleep at night.

  69. I agree; it's not like the USPS doesn't do it! by The_REAL_DZA · · Score: 1
    I mean, this is kind of like complaining that the United States Postal Service knows who you are (and, GASP! where you live!!! ) as well as those same bits of trivia about your penpals because of your hard copy mail. Most of us with the sunshine in our eyes and the fresh air in our noses have pretty much assumed that all along anyway (because, come on, why else would it take two or three days to get a letter from "here" to "there" except that someone's spending the time to cross-reference all the "from's" with the "to's"?!?!?!)

     
    "Uh oh: There's a barcode at the bottom of this piece of junk mail! Oh, great, now GWB knows that The Scooter Store has me on their mailing list!!"
    --


    This space intentionally left (almost) blank.
  70. Legally, that's still "contents"... by dlthomas · · Score: 1

    "The request had a twist: Instead of asking to eavesdrop on the contents of the e-mail messages, which would require some evidence of wrongdoing, prosecutors instead requested the identities of the correspondents."

    Under the definitions in FISA (50 USC 1801):
    (n) "Contents", when used with respect to a communication, includes any information concerning the identity of the parties to such communication or the existence, substance, purport, or meaning of that communication.

  71. headers vs logs by FlippyTheSkillsaw · · Score: 1

    Without reading the article:

    -I back the statement about the To:, From: and CC: headers being cosmetic, in case people don't believe it.
        It is easy to use false(or none at all) headers for those items and is well with in the protocol(i.e. not a hack).
        Don't believe me? I'll send you a message addressed To: god@heaven.xxx.

    Did they specify that these headers were the ones being opened and not the Received lines (which could be spoofed, but at least point one hop back from the last trusted host).

    Are we talking about sniffing email in transit or taking it from inboxes?
    -If it's inboxes, then there is no way you can be certain of who sent it, so this is a moot point.
    -If we're talking in transit, then there's the possibility of forging and not collecting all the mail.
    -If we're talking outgoing, then you need to touch a machine on each path someone might send mail out through.
        Logs provide the correct information, which is the envelope To address--not the header To/CC addresses.
        Envelope From addresses can be faked, but if you need to log in to send mail it will likely include your account name.

  72. Where, oh where... by WED+Fan · · Score: 1

    ...is anon.penet.fi? With all the p2p and new technologies, why can't we come up with an alternative that EVERYONE can use to foil any snooping. Eventually, email will make us all criminals, if you send that Superbowl ad to your buddy or if you send plans for a nuke. If every email were encrypted and every ID were hidden...

    --
    Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong fix.
  73. MODS ON DRUGS by Anonymous Coward · · Score: 0

    Redundant? What in the heck is this post supposed to be a "redundant" copy of?

    In order for a comment to be redundant, some earlier poster (or the article) would have to have made essentially the same point. But that is not the case here.

    Hmmm. Perhaps it's that you just don't like the opinions?

  74. Vote Freedom First! by Anonymous Coward · · Score: 0

    Vote Freedom First, so all the bumper stickers on the trucks say.

    Now, which political group do you think that driver belongs to? Democrat or Republican?

    Perhaps the reason why Democrat's don't have that sticker on their cars, is because they don't have to be reminded as often as the Republicans do.

  75. The BEST way to STOP this MADNESS by Anonymous Coward · · Score: 0

    I've got nothing to hide, but this is pure bullshit!

    From this day on, I'm going to copy & forward ALL of my email to:

    1. The fascist judge who made this ruling
    2. The NSA
    3. The FBI
    4. The White House
    5. Any other power freak I can think of

    And if EVERYONE did that, this Illegal, invasive, crap might stop.

    Fascist Bastards!

  76. They're reading the ENVELOPE by Stephen+Samuel · · Score: 1
    Just because one method of getting a message from A-to-B is naturally insecure, it doesn't give license for anyone to artificially introduce insecurity into a different system.

    What the govenment is asking for is what the Sendmail (and general SMTP) manuals call Envelope information. They're also arbitrarily removing the Subject header line.

    By your analogy -- given that most email is transmitted across the net in an entirely un-encrypted form, they would probably get access to the entire contents of the message (since a sysadmin would have the technical ability to read it without disturbing your ability to get it in it's original form). If the Pen & trap orders are OK, then I would expect that these 'envelope information' orders would be similarly OK... it's the same kind of information.

    Not that I'm entirely comfortable with this, but I think that it's a reasonable compromise.

    Where I'm still upset is that it seems like all that they're doing to get a 'PATRIOT Act' snoop orders OKd is saying (in a boilerplat) "I think that this information will be pertinent to an investigation", without even having to detail what they're investigating, what information they're looking for, or how it would help the investigation.
    For all we know it could be a jealous cop investigating his wife for unfaithfullnes.

    --
    Free Software: Like love, it grows best when given away.
  77. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  78. Laundering the Bill of Rights by Anonymous Coward · · Score: 0

    Since the 4th ammendment is generally interpreted as depending on a reasonable expectation of privacy...

    As the amount of covert surveilance becomes more common (and more commonly known), doesn't this, in turn, reduce the cases where one may be interpreted as having a reasonable expectation of privacy, thus reducing the cases where warrents are needed (rinse&repeat 'till 4th ammendment is gone)?

  79. FISA what? by benjamindees · · Score: 1

    Seriously, this should be modded up.

    --
    "I assumed blithely that there were no elves out there in the darkness"
  80. Link to actual ruling by adenied · · Score: 1

    Don't know if anyone's posted this link to the ruling on the District Court of DC website:

    http://www.dcd.uscourts.gov/opinions/2006/Hogan/20 06-MS-11~11:4:55~2-7-2006-a.pdf

  81. Pen Registers are for FUTURE calls, not PREVIOUS by Anonymous Coward · · Score: 0

    The link from the article refers only to devices that record numbers dialed after the device is installed - not to archives of previously-dialed numbers - shouldn't these still be protected?

  82. Why this information? Funny you should ask... by gonzoboy · · Score: 1
    The first step is to link the email to a unique person. Once done, any email can be cross-referenced with your telephone records (NSA wiretaps). This information can be used to create a web of interactions. An example where this would be applicable might be (my apologies to all Robert's): Bob got an email from an IP address in Pakistan. Use Bob's profile to create a list of the people that Bob has had traceable interactions with (Bob's web). Now we can overlay Bob's web with other suspects' webs and look for hits.

    The time information could be used to correlate interactions with past attacks (9/11, Millenium, etc). For instance, show me Bob's web +/- 1 week of 9/11.

    If the information is being used this way, then I can see it as being potentially useful to law enforcement in trying to reduce massive amounts of data into something potentially actionable such as initiating additional surveillance on Bob.

    The flip side of this is some spammer sends out email from a server in Pakistan. You happen to get this email. You live near a suspected terrorist. You happen to bank at the same place and order pizza from the same place as the suspected terrorist. You happen to have ordered a pizza on 9/10. You get a one-way ticket to Cuba.

  83. Bag Searches by Peaker · · Score: 1

    On what grounds do you say that they are not effective against terrorism?

    In Israel, bag/metal searches prevent terrorism and almost all terrorism acts had occurred where these searches were not enacted. The very few places where the search failed to prevent the terrorist act, are those were the search site itself was crowded.

    1. Re:Bag Searches by angusmci · · Score: 1
      On what grounds do you say that they are not effective against terrorism?

      Because of the way that they were implemented. When the bag searches were in force, they were not carried out at all subway stations - it was months before I saw any searches taking place at the station closest to me. Even at the busiest stations, searches only occurred on some days or at certain times. Any would-be bomber could simply turn around and walk to a different station if he saw a checkpoint in place. My guess is that they'd not need to try more than one or two before finding one where they could enter unsearched. Passengers on public buses were not searched.

      Moreover, the searches were cursory, and only the largest bags were searched. Smaller bags that could still have contained enough of a high-powered explosive to do serious damage were not inspected. An only bags were searched, although many suicide bombers now carry their explosives strapped to their bodies. In Israel, bombers are sometimes detected because they are seen to be wearing heavy coats during hot weather; if you wanted to stop everyone wearing a heavy coat during a New York winter, the city would basically come to a halt.

      It's not that it was a compromise: "Well, we can only search 30% of subway stops, so that gives us a 30% chance of stopping bombings, which is better than nothing.". Searching 30% of subway stops gives you a 0% chance of stopping a bombing, not a 30% chance. It's clear that whatever the purpose was, it wasn't a serious attempt to prevent bombings.

      The kindest interpretation I can put on it is that it was a token gesture, designed to reassure the public that something was being done. A more cynical interpretation might be that it was an attempt to ward off potential criticism if someone did get a bomb into the subway (you can imagine the outrage if a bombing occurred and no searches at all had been carried out). The most cynical or paranoid interpretation was that it was either (a) a way to let the NYPD go on fishing expeditions for potential criminals, or (b) that it was intended to promote the atmosphere of fear and uncertainty that our politicians seem to thrive on just now.

  84. Permission? by Anonymous Coward · · Score: 0

    Since when does permission matter when it comes to the government spying on citizens in USA?

  85. Topsail by Catbeller · · Score: 1

    oh yeah, one other point. Bush has been wiretapping and spying without warrants on EVERYONE for the last couple of years. He claimed at first to be following the FISA laws, then changed his story and then claimed that getting the rubberstamp warrant was too much trouble -- consistently lying in fact, because he doesn't need a warrant immediately. He can retroactively obtain one up to 72 hours after the spying begins.

    His new justification? He doesn't have to follow any laws. As CinC, he IS the law.

    Let's break it down. He can get warrants after the fact, basically a paperwork operation. He doesn't want to. Why? No warrants mean NO RECORDS OF WHO HE IS SPYING ON. If he had to go to the FISA courts, there'd be a record that could be perused ten years or more down the road. He doesn't want a record.

    He's spying on his "enemies". That'd be Michael Moore, the ACLU, DailyKos, select reporters, all the others. We know for a FACT that Bolton, now ambassador to the U.N., was running the spy operation via the NSA listening in on the US National Security Council members in the time leading up to the Iraq invasion in order to get a fix on their efforts to hinder their plans. If they can justify that, they have no problem in spying on their opponents, and they must logically be spying right now.

    They probably don't want to run their spy targets past the FISA judges because the judges would see the pattern and deny them the warrants.

    Also, unverified news back up by observation: there's blackmail going on. Broad observation: why are key congressmen so bloody quiet under this extreme provocation? Why are news organisations so cowed?

    I've heard som grim indications that Rove and company are using this goldmine of info to shut people up. Think about it. Every email you've sent in the clear. Every website, even "Russian schoolgirls in rubber suits", Congressman John Smith and his staff have visited, every phone sex number called, every escort service phone call, all the mistresses -- this, baby, is Total Information Awareness. They can nuke anyone from Internet orbit. Bush famously said he doesn't use email because he doesn't want people to read "his stuff". Duh.

    By the way, TIA is now called Topsail.

  86. Some source material from Maureen Farrell by Catbeller · · Score: 1

    http://buzzflash.com/farrell/06/02/far06003.html

    Detention Camp Jitters

    by Maureen Farrell

    "Recent pronouncements from the Bush Administration and national security initiatives put in place in the Reagan era could see internment camps and martial law in the United States."
    -- The Sydney Morning Herald, July 27, 2002

    In 1984, the Rex-84 readiness exercise program was conducted by 34 federal departments and agencies, reportedly as an exercise to handle an influx of illegal aliens crossing the Mexican/U.S. border. Brought to Americans' attention during the Iran-contra hearings, the exercise, which was conducted alongside another drill, "Night Train 84," also tested military readiness to round up and detain citizens in case of massive civil unrest.

    None of that ever happened, of course, and in many respects, it seems silly to even mention it. After all, other Reagan-era initiatives, like the Armageddon exercises Dick Cheney and Donald Rumsfeld participated in, are far more interesting. Then, too, despite a brief moment of sunlight in the 1970s (when Congress, according to former President and CIA director George H.W. Bush, "unleashed a bunch of untutored little jerks out there"), emergency detention plans had been in place since the 1950s, without incident. Americans have not been herded into camps since World War II, so why worry about it now?

    For some, the answer comes in the form of yet another government contract awarded to Halliburton subsidiary, Kellogg, Brown & Root to build "temporary detention facilities" in case of an "immigration emergency." Reminiscent of Rex 84, which was conducted on the premise of preparing for "an influx of immigrants," there is reason to believe that hoards of poor, tired immigrants are not the true concern. As Tom Hennessy of the Press-Telegram recently pointed out, "there already are thousands of beds in place at various U.S. locations for the purpose of housing illegal immigrants." So what else might these centers be used for?

    Given predictions that another terror attack is all but certain, it seems far more likely that the centers would be used for post-911-type detentions of immigrants rather than a sudden deluge. "Almost certainly this is preparation for a roundup after the next 9/11 for Mid-Easterners, Muslims and possibly dissenters," Daniel Ellsberg remarked. "They've already done this on a smaller scale, with the 'special registration' detentions of immigrant men from Muslim countries, and with Guantanamo." As it turns out, immigrants aren't the only concern. As a news brief in the Atlanta Journal-Constitution explains:

    The U.S. Army Corps of Engineers has awarded a contract worth up to $385 million for building temporary immigration detention centers to Halliburton subsidiary Kellogg Brown & Root. KBR would build the centers for the Homeland Security Department in case of an unexpected influx of immigrants or to house people after a natural disaster or for new programs that require additional detention space, the company said.

    Hurricane Katrina gave Americans a glimpse of how a natural disaster scenario might play out. John Brinkerhoff, one of the FEMA officials behind the Reagan-era martial law and internment directives who "planned for the detention of at least 21 million American Negroes in assembly centers or relocation camps" began defending the Pentagon's desire to deploy troops on American streets in 2002, and sure enough, after Hurricane Katrina, Blackwater mercenaries were brought in to police the streets of New Orleans -- as soldiers were instructed to "shoot to kill" looters. Brinkerhoff also told PBS that, "The United States itself is now for the first time since the War of 1812 a theater of war. That means that we should apply, in my view, the same kind of command structure in the United States that we apply in other theaters of war."

    Which brings us to the KBR spokesman's final statement regarding