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Merely Cloaking Data May Be Incriminating?

n0g writes "In a recent submission to Bugtraq, Larry Gill of Guidance Software refutes some bug reports for the forensic analysis product EnCase Forensic Edition. The refutation is interesting, but one comment raises an important privacy issue. When talking about users creating loops in NTFS directories to hide data, Gill says, 'The purposeful hiding of data by the subject of an investigation is in itself important evidence and there are many scenarios where intentional data cloaking provides incriminating evidence, even if the perpetrator is successful in cloaking the data itself.' That begs the question: if one cloaks data by encrypting it, exactly what incriminating evidence does that provide? And how important is that evidence compared to the absence of anything else found that was incriminating? Are we no longer allowed to have any secrets, even on our own systems?"

418 comments

  1. Other types of cloaking... by fonik · · Score: 5, Insightful

    What about using a rare file system? If I want to put all of my stuff on ZFS and the FBI can't read it will they ship me off to Gitmo?

    1. Re:Other types of cloaking... by Anonymous Coward · · Score: 0

      Uhhh. Obviously not...

    2. Re:Other types of cloaking... by fonik · · Score: 5, Insightful

      Offtopic? I think this is a perfect question to ask. Why is it incriminating simply to have something in a format that investigators might not understand? What if I decide to keep all of my documents in Mandarin instead of English? Is that incriminating?

      Also, The linked article is on local vulnerabilities in two common forensic software packages and doesn't even mention data "cloaking" techniques. If anything is offtopic here, it's the article or the headline.

    3. Re:Other types of cloaking... by AuMatar · · Score: 4, Funny

      No, they're just cloaking the replies.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    4. Re:Other types of cloaking... by Anonymous Coward · · Score: 1, Insightful

      The linked article does not contain the quote in the summary which forms the basis of this discussion.

    5. Re:Other types of cloaking... by Anonymous Coward · · Score: 1, Informative

      Here is Larry Gill's self-serving post. Sounds like he's saying, "None of these bugs are important, because we don't have any important bugs in our software." Don't we all know people/companies like this, who won't own up to anything? The submitter is making a bit much of the data cloaking comment, if you ask me.

      http://www.securityfocus.com/archive/1/474727/30/0 /threaded

    6. Re:Other types of cloaking... by Anonymous Coward · · Score: 1, Insightful

      So the article is offtopic, then?

    7. Re:Other types of cloaking... by Biff+Stu · · Score: 1

      No. You don't need to go that far. The very fact that you asked that question is enough for a one-way ticket to Gitmo. Rot in hell, you fucking terrorist!

    8. Re:Other types of cloaking... by Anonymous Coward · · Score: 1, Insightful

      Ah, some non-crack smoking mods have come online.

      You are correct, but maybe the language was wrong. More people understand Mandarin Chinese than any other language. Maybe you meant something like Navaho. Oh wait, that was done before.

      +1 Insightful from me, but I don't have any mod points.

    9. Re:Other types of cloaking... by nospam007 · · Score: 1

      Offtopic? I think this is a perfect question to ask. Why is it incriminating simply to have something in a format that investigators might not understand? What if I decide to keep all of my documents in Mandarin instead of English? Is that incriminating?
      --
      If it is, we don't need forensic analysts. (him).

    10. Re:Other types of cloaking... by 70Bang · · Score: 1


      Not Gitmo....Manhattan.

      Oh, one other thing: anyone want to tell us what candidate has made it quite public she sees nothing good in it, "i.e., as anyone who has a copy of it can find its weaknesses and hack [sic] into those systems because they would be vulnerable.

      It would appear if she takes office, we better start grabbing copies from http://www.nsa.gov/selinux/ before she gets to it

    11. Re:Other types of cloaking... by Hal_Porter · · Score: 2, Funny

      ZFS is ok IMO. But if people use ReiserFS they are probably murderous terrorists.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    12. Re:Other types of cloaking... by Hal_Porter · · Score: 1

      Unless you are Chinese, most people are going to think you have something to hide if you store all your documents in Chinese.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    13. Re:Other types of cloaking... by Sancho · · Score: 1

      Or perhaps that you speak Chinese and deal with lots of Chinese people... or that you're learning Chinese and are trying to improve your skill...or that you download lots of Chinese content....

      Honestly, something in another language isn't going to make me think that someone is trying to hide something at all. It's not a logical conclusion.

    14. Re:Other types of cloaking... by Hal_Porter · · Score: 1

      They key phrase is "all your documents".

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    15. Re:Other types of cloaking... by Anonymous Coward · · Score: 0

      No it just means you get deported you damn slanty eyed bastard \./

    16. Re:Other types of cloaking... by sumdumass · · Score: 1

      Sometimes, when you are attempting to put together a case, showing that th person was attempting to hid something is valuable enough. It isn't presented alone but in combination of both hard and circumstantial evidence.

      By itself, it mean nothing. Just like going to a bar every Thursday night means nothing. But when your getting charged for a DUI after getting arrested for a hit and run where witnesses say you looked drunk, it mean a lot.

    17. Re:Other types of cloaking... by KiloByte · · Score: 1

      Why is it incriminating simply to have something in a format that investigators might not understand? What if I decide to keep all of my documents in Mandarin instead of English? Is that incriminating?
      Mandarin: no, Arabic: yes. Even if you have, say, inlaws there.
      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
    18. Re:Other types of cloaking... by KDR_11k · · Score: 1

      Just wait for the Yellow-Red Scare to appear.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    19. Re:Other types of cloaking... by Zonk+(troll) · · Score: 1

      ReiserFS: It puts the stab in fstab.

      --
      "The Federal Reserve is a fraudulent system."--Lew Rockwell
      End The FED. -
    20. Re:Other types of cloaking... by turbidostato · · Score: 1

      "showing that th person was attempting to hid something is valuable enough. It isn't presented alone but in combination of both hard and circumstantial evidence."

      Therefor it is *not* valuable enough or else it could be presented alone.

    21. Re:Other types of cloaking... by Arancaytar · · Score: 1

      Put it in binary first, that makes it more secure!

      A'la'ih, a'la'ih, do'neh'lini, a'la'ih...

    22. Re:Other types of cloaking... by usrusr · · Score: 1

      what about "all documents except those completely unrelated to your plans of taking over the country"?

      --
      [i have an opinion and i am not afraid to use it]
    23. Re:Other types of cloaking... by sumdumass · · Score: 1

      Therefor it is *not* valuable enough or else it could be presented alone.
      Circumstances can support a claim more then the evidence. But they are generally used only to reinforce evidence. And this evidence can be used to support or deny a claim.

      There are many pieces to a puzzle. Why would you want to throw some of them out because they look bland enough to just be the background? It would take all the pieces to get the whole picture. And that is what you do when presenting a case like what would be included in stuff like this.
    24. Re:Other types of cloaking... by turbidostato · · Score: 1

      "There are many pieces to a puzzle."

      Therefor, while maybe being *needed* no one of them is *sufficient*, which is what I already stated.

      "Why would you want to throw some of them out because they look bland enough"

      In this case the problem it is not that they are "too bland", as in "someone heard you were disgusted about X, now X is dead and you happened to be in the city when he was murdered" but that they are "utterly out of case". I cypher, obscure, divert and mislead my data because it's my fucking right. I don't have to provide *any* explanation about why I cypher a partition or why I used a dozen nested and circular symlinks and no one is allowed on any semidecent society to extract any conclusion about such a fact, much less presume "I must have something to hide" because of it. It is not, even if such a conclusion makes sense (it in fact *can* make sense when aided by some other hard or circumnstancial evidences) but that privacy is and must be "forbidden zone" to authorities, both because the plain sake of it (which is the strongest "why" from an ethical standpoint) and because in practicality it has shown just too many times in History to be the seed of all kinds of terrible abuses. Even if it were the case that I cyphered some data because I knew it had bad legal consecuences, is it not an accepted position since the days of the Romans that no tribunal could ask for an accused person to declare against himself? How is it any different to provide the tribunal with a password when I know it will render ill legal consecuences to me? If I'm asked "did you kill X?" I can just shut up -and for a reason: there are literally entire books on the matter; how is it that now it is not a proper answer anymore to "show me the data on your hard disk" just telling "take it yourself if you can"?

      It is a terribly ill society the one that thinks that "the powers that be" have any kind of rights over private affairs of their citizens.

      "And that is what you do when presenting a case like what would be included in stuff like this."

      That's a completly different affair. Of course an accusation (a particular one, I mean) can say anything that thinks it will help its case: they can say "you see: his hard disk is cyphered; it must mean he hides something" just as they can say "you see: he is a dirty gipsy, nigger and communist and everybody knows nigger gipsy communists are always guilty", but there shouldn't be the slightest chance for such an argument to be taken seriously by any tribunal, and even render an angry reply from the tribunal or the jury because going "offlimits" in the former case as surely it would got in on the latter.

    25. Re:Other types of cloaking... by sumdumass · · Score: 1

      Therefor, while maybe being *needed* no one of them is *sufficient*, which is what I already stated.

      But that doesn't decrease the significance of it as evidence which is where I think you are trying to go with this.

      In this case the problem it is not that they are "too bland", as in "someone heard you were disgusted about X, now X is dead and you happened to be in the city when he was murdered" but that they are "utterly out of case".

      Well, lets look at ti a little more, You know some martial arts too. There is nothing wrong with that in itself just as there is nothing wrong any of the other things you listed. But the cops find out that you know martial arts and where attempting to hide that fact from them when X was murdered by hand in what appears to be from moves common in the martial arts that you know.

      Do you see how hiding it makes you look more guilty then not hiding it?

      I cypher, obscure, divert and mislead my data because it's my fucking right. I don't have to provide *any* explanation about why I cypher a partition or why I used a dozen nested and circular symlinks and no one is allowed on any semidecent society to extract any conclusion about such a fact, much less presume "I must have something to hide" because of it. It is not, even if such a conclusion makes sense (it in fact *can* make sense when aided by some other hard or circumnstancial evidences) but that privacy is and must be "forbidden zone" to authorities, both because the plain sake of it (which is the strongest "why" from an ethical standpoint) and because in practicality it has shown just too many times in History to be the seed of all kinds of terrible abuses.

      I don't think the story was, nor was I attempting to claims that the mere existence of an activity is suspect. It is only suspect when the accusations of certain activity comes along with it. And yes, while this is private, protected in some cases and should be outside the reach of law enforcement, often when you are accused of doing something, your privacy is lawfully violated by the law enforcement and courts. I see nothing different with this. More to the point, this could work in your favor as well as against you just as easily.

      Practically speaking, as long as you have one thing that you don't want one person to know, you have something to hide. This however doesn't mean you are guilty of a crime. Now, Even if you have something to hide that isn't related to what your being charged with, it is still significant that you are hiding it. Suppose they are investigating a child porn ring that hacks other people's computers, turns them into web servers and then encrypts everything to hide it from the user. The fact that you are using the same encryption might show that you could be involved or the fact that the encryption is on the computer could show that you were hacked and are a victim just like everyone else. Both of which is significant in and of itself but neither prove anything as to the accusations.

      Now imagine that you are being investigated for anything. The key here is "investigated". You won't be investigated because you have encryption software or are using it. They don't look for a crime and then claim the crime exists. Well, in most cases they don't. When they do, I would think they are violating some serious ethics provisions and if you happen to be a target of something like that, I doubt having or not having encryption is going to do anything other then make their job of framing you easier.

      Even if it were the case that I cyphered some data because I knew it had bad legal consecuences, is it not an accepted position since the days of the Romans that no tribunal could ask for an accused person to declare against himself? How is it any different to provide the tribunal with a password when I know it will render ill legal consecuences to me? If I'm asked "did you kill X?" I can just shut up

    26. Re:Other types of cloaking... by Anonymous Coward · · Score: 0

      What about using a rare file system? If I want to put all of my stuff on ZFS and the FBI can't read it will they ship me off to Gitmo?

      There're no file system prerequisites required. If you are Muslim, then you can be shipped off to Gitmo. It doesn't matter whether or not you're a U.S. citizen, nor what file system you use. Permission to torture has recently been reinstated as well.

    27. Re:Other types of cloaking... by jotok · · Score: 1

      This is irrelevant to the discussion at hand, as is the "Well, ALL data is encrypted to some extent..." argument below. If someone you know was killed with a rare pistol, and you are known to have it--but refuse to submit it for ballistics testing (even going so far as to hide it), then yes, it is incriminating. Your refusal to state where you were at the time of the murder (even if it's because you were bonking the victim's wife, see Johnny Cash) is incriminating.

      In a perfect world this would not be so. But justice is far from perfect.

    28. Re:Other types of cloaking... by KudyardRipling · · Score: 1

      No. They'll just knock you unconscious and drop you into a tank of concentrated hydrofluoric acid to eliminate any and all evidence. Evidence is what THEY call evidence. Those are just ions in solution, that's not evidence.

      --
      Submission as evidence constitutes plaintiff and/or prosecutorial misconduct.
    29. Re:Other types of cloaking... by turbidostato · · Score: 1

      "Well, lets look at iti a little more, You know some martial arts too. There is nothing wrong with that in itself just as there is nothing wrong any of the other things you listed. But the cops find out that you know martial arts and where attempting to hide that fact from them when X was murdered by hand in what appears to be from moves common in the martial arts that you know.

      Do you see how hiding it makes you look more guilty then not hiding it?"

      No, I don't. And that's almost exactly the case. How can be "hidden" I'm a martial artist on one hand? I either tell it so when asked or I stay silent, or I lay. First and second options are well within my rights; the third one is unlawfull on itself, at least under certain circumnstances, like under oath. On the other hand, *no one* of the three options makes me neither "more guilty" nor "more inocent". It is an ill society, and sorrily you are already infected from such illness the one that thinks that I'm "more gilty" because I didn't tell (that I didn't *want* to tell) the authorities I am a martial artist. That's just private by itself. All that can be rigthfully argued if I'm asked and I don't promptly answer is that I'm making difficult the investigation on purpose (if such is the case) but *nothing* on the lines of being "more guilty" because I exercised my right about not to talk. Luckily enough trial courts on more civilized countries already understand it.

      "It is only suspect when the accusations of certain activity comes along with it"

      Accusations? No, sir; evidences! "I accuse you on pederasty and your hard disk is cyphered" is not stronger than "I accuse you on pederasty" which is, of course, no case, since no proof is provided. And then, "I have a video where you appear taking shots at a nude boy and your hard disk is cyphered" is no stronger than "I have a video where you appear taking shots at a nude boy".

      "often when you are accused of doing something, your privacy is lawfully violated by the law enforcement and courts."

      No sir, no sir, and again, no sir. Except on ill societies like post 11S USA, North Korea, China and countries like that your privacy *CAN'T* be lawfully violated out of an accusation. It is *evidences* provided to a judge the ones that will grant law enforcement corps the ability to further violate intimacy. And here comes the point: once you go from considering cyphering, hiding and the like "non relevant" to "bland evidence" you are opening the door for granting intimacy violation out of *nothing*. Of course that's not something that must worry a USA citizen since even this is not needed: all that's needed is for some law enforcing agency to wave the "national security/terrorism" flag to be granted almost everything against no provided evidence at all.

      "They don't look for a crime and then claim the crime exists. Well, in most cases they don't."

      Like a cop asking a woman for sexual favours in exchange of money and then prosecuting her for a crime that she wouldn't commit otherwise? That's another thing unbelivable for any civilized country (yes, maybe she's a harlot, but she is not in front a trial court because being a harlot, but because an spefic case where money was traded for sex -a thing in itself not illegal on most civilized countries, now I talk about it).

      "I don't know about this position. Your finger prints and DNA is essentially testifying against yourself."

      And as such, you certainly can refuse to give them to the authorities; that's even "pop culture" in the USA: the clever cop offering a coffe and then passing the paper cup to the CSI so they can take DNA/fingerprints out of it and the like, or the case they "cleverly" ask a suspicion for a DNA test "so we can discard you as a suspect": they can ask for it, but they can't get it and a legal grant won't come unless there is already reasonable evidence of your involment in the case, never as a way to gain such evidence (unless "terrorism" or "national security" is waved out, of course).

    30. Re:Other types of cloaking... by bandmassa · · Score: 1

      What about using an envelope and security goons have forgotten the old techniques of steaming?

      --
      "I hope you like Guinness, Sir. I find it a refreshing substitute for, er... food." Col. Jack O'Neil, SG-1
    31. Re:Other types of cloaking... by sumdumass · · Score: 1

      No, I don't. And that's almost exactly the case. How can be "hidden" I'm a martial artist on one hand? I either tell it so when asked or I stay silent, or I lay. First and second options are well within my rights; the third one is unlawfull on itself, at least under certain circumnstances, like under oath. On the other hand, *no one* of the three options makes me neither "more guilty" nor "more inocent". It is an ill society, and sorrily you are already infected from such illness the one that thinks that I'm "more gilty" because I didn't tell (that I didn't *want* to tell) the authorities I am a martial artist. That's just private by itself. All that can be rigthfully argued if I'm asked and I don't promptly answer is that I'm making difficult the investigation on purpose (if such is the case) but *nothing* on the lines of being "more guilty" because I exercised my right about not to talk. Luckily enough trial courts on more civilized countries already understand it.

      You cannot be more guilty. Your either guilty or not. The point of adding that was to show that you were capable of killing a person in the way they died. Just like with encryption, if you are capable of encrypting something in a way whatever they are investigating is encrypted, it means you cannot be ruled out. It is significant in itself. And no, there is no corruption of anything going on here unless it is the way you are viewing things.

      Accusations? No, sir; evidences! "I accuse you on pederasty and your hard disk is cyphered" is not stronger than "I accuse you on pederasty" which is, of course, no case, since no proof is provided. And then, "I have a video where you appear taking shots at a nude boy and your hard disk is cyphered" is no stronger than "I have a video where you appear taking shots at a nude boy".

      I agree, there is no case here. That isn't what I was arguing at all. Now, Suppose I went to web page that resides on your computer and saw the picture, Now the fact that your hard drive is cyphered means a lot more.

      Jusge: did you find evidence of the porn in question on the computer?
      Cop: No, his drives were cyphered and he refused to give us the keys to unlock it, But it still serves the pages on an Isolated network.

      Defendent: Umm, I must have been hacked because I have no idea what your talking about.
      Cop: he was tracked to a discussion where he was saying because he has his disk encrypted we cannot catch him.

      Ok, do you see the point now, If you have the ability to do so, you can't claims ignorance of the procedure. The fact that it is there in of itself is meaningless. The other reasons aren't.

      No sir, no sir, and again, no sir. Except on ill societies like post 11S USA, North Korea, China and countries like that your privacy *CAN'T* be lawfully violated out of an accusation. It is *evidences* provided to a judge the ones that will grant law enforcement corps the ability to further violate intimacy. And here comes the point: once you go from considering cyphering, hiding and the like "non relevant" to "bland evidence" you are opening the door for granting intimacy violation out of *nothing*. Of course that's not something that must worry a USA citizen since even this is not needed: all that's needed is for some law enforcing agency to wave the "national security/terrorism" flag to be granted almost everything against no provided evidence at all.

      Your crazy if you think I was suggesting that the fact your disk is encrypted means you should be searched. Out side that, there is nothing different in what you say then what I said. You have to keep this in context, the cops aren't looking at you while conducting an investigation unless there is a reason to be looking at you. The significance only exists after other evidence is collected.

      Like a cop asking a woman for sexual favours in exchange of money and then prosecuting her for a crime that she wouldn't

  2. Why even ask? by nurb432 · · Score: 4, Insightful

    "Are we no longer allowed to have any secrets, even on our own systems?"

    Why do you even have to ask? As private citizens we arent allowed to hide anything from the government. Its labeled as obstruction of justice and we get tossed in the can if we dont cough up the keys. Even if we have nothing to hide.

    --
    ---- Booth was a patriot ----
    1. Re:Why even ask? by Ice+Wewe · · Score: 5, Insightful
      Rock on, Hyde!

      I'd just like to point out, that if creating loops in NTFS is incriminating, does having an encrypted file system mean we have something to hide? Or, for that matter, wouldn't DRM be an obstruction, since it prevents access to content? Oh, right, DRM isn't bad, because it has large, multi-national corporations giving large campaign contributions-- err, I mean, supporting it.

      Hooray for capitalism!

    2. Re:Why even ask? by Anonymous Coward · · Score: 2, Insightful

      "Why do you even have to ask? As private citizens we arent allowed to hide anything from the government. Its labeled as obstruction of justice and we get tossed in the can if we dont cough up the keys. Even if we have nothing to hide."

      This is why the next presidential election will probably decide the fate of our country. We can continue down the current path of big government (Clinton, Obama, Guiliani, Romney, McCain) or we can elect the ONLY candidate who wants to restore privacy.
      Yes, restore privacy and LIMIT the government.
      This candidate is Dr. Ron Paul. http://www.ronpaul08.com/

      And yes Dems, your candidate are in he pockets of special interest. (Example, Clinton Obama taking money from the RIAA) Niether of them are Pro Freedom. While they mihgt be the lesser of two evils; they are still evil!

      The Only candidate talking about *restoring* and *respecting* the Constitution and Privacy and Limiting government is Dr. Ron Paul.

      Please folks, wake up, the Government is NOT your friend.

    3. Re:Why even ask? by Original+Replica · · Score: 1

      if one cloaks data by encrypting it, exactly what incriminating evidence does that provide?

      As private citizens we arent allowed to hide anything from the government.


      So I'm guessing innocent until proven guilty doesn't apply to a person's data, just a person. So if any information(data) hidden from government view in incriminating, then does that give "probable cause" to anything not already in plain sight? This would seem to be the death blow to already suffering 4th Amendment- "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

      --
      We are all just people.
    4. Re:Why even ask? by Anonymous Coward · · Score: 1, Insightful

      Absolutely. The only way to get this to stop is to get the people on top to realize that the American people won't take this stuff any more, and they're sure not going to get that message if we keep voting the same sorts of politicans in year after year. Republicans, Democrats, it really doesn't matter; it's not as if the Democrats would opt to take away the increased executive powers that have built up over the past few years.
      Ron Paul finally gives me hope. Everything should be done, he says, according to the Constitution, and I agree.

      What pisses me off the most about all of this is having to post anonymously because political dissent could cost me a security clearance and thus, my career. We're heading into a world where the government can keep tabs on everyone at all times - we really should try to keep power-hungry plutocratic morons from the top positions in government the best we can.

    5. Re:Why even ask? by sjames · · Score: 5, Insightful

      Yep, there you have it. Police are allowed to look at anything in plain sight but need probable cause to look at anything else. Of course, that means nothing when simply having something not in plain sight is considered probable cause.

    6. Re:Why even ask? by PachmanP · · Score: 1

      Well if we follow this path of criminalizing hiding things from the watchers to its logical conclusion of outlawing of blinds and/or requiring large picture windows, I think I'll sell my house next to the fat people before it loses all value and move to southern Cali...

      --
      You're thinking small. Why miniaturize the laser, when we could instead enlarge the sharks? -John Searle
    7. Re:Why even ask? by jfclavette · · Score: 1

      The corporation will provide the keys to government agencies if they request it, so DRM is a non-issue. Nice try.

    8. Re:Why even ask? by Evilest+Doer · · Score: 5, Insightful

      does having an encrypted file system mean we have something to hide?
      Of course you have something to hide. You have your tax returns, financial statements, personal journals, and other private files to hide from malicious hackers and people who might run off with your laptop. If you are in the financial industry, you have other people's private information to hide (or, at least, that's what you should do). The problem is the absurd assumption that, since we are using encryption, we have something illegal to hide.
      --
      I feel like death on a soda cracker.
    9. Re:Why even ask? by UbuntuDupe · · Score: 5, Funny

      Hey, *I* didn't encrypt my data. I just performed a reversible transformation on it. It's not my fault if you're a fuckin' slowpoke at factoring large prime numbers!

    10. Re:Why even ask? by mlts · · Score: 5, Insightful

      I use encryption for exactly what the parent poster described. On my laptop, why allow what would be "just" a hardware theft with use of encryption turn into a hardware, data, and possibly identity theft? This is why I use some form of whole disk encryption (BestCrypt Volume encryption, PGP WDE, WinMagic MySecureDoc, etc.)

      There is a definite need for encryption, and more than just the tired (and flawed) logic of "hiding from forensics", or "hiding illegal stuff" that a lot of people state.

      For most companies, physical theft of equipment or media is a valid concern. For example, if someone steals a backup tape that is part of an encrypted backup set (or storage pool, depending on the terminology of the backup system), the company owning the tape can hire some private investigators to quietly hunt down the tape. Without encryption, it can mean serious losses (or prison time)if the info on the tape was any way sensitive, and SOX, HIPAA, or other corporate regulations get violated.

    11. Re:Why even ask? by Creepy+Crawler · · Score: 1

      I do hope that you use TOR for communicating towards slashdot. Anonycowards are logged to IP and time/date stamp. Beware.

      --
    12. Re:Why even ask? by UbuntuDupe · · Score: 1

      *sorry*, that should be "factoring products of large prime numbers". I'm sure all of you know the factors of every prime number...

    13. Re:Why even ask? by steve.howard · · Score: 1

      There's also the simple fact that there are so many laws out there you can break them without even knowing it any more...

    14. Re:Why even ask? by ptbarnett · · Score: 1
      Police are allowed to look at anything in plain sight but need probable cause to look at anything else. Of course, that means nothing when simply having something not in plain sight is considered probable cause.

      This seems to be the author's assertion, but I'm curious if it's been tested in court.

      As most people know, law enforcement must have your permission to search your vehicle without a warrant. And to get a warrant, they need probable cause.

      But, unless it's been superceded recently, it's settled law (by a US Court of Appeals, I believe) that refusal to grant permission for a search does not constitute probable cause for a warrant. I'd cite the case, but the website where I found the citation is no longer operational and the domain name is owned by a squatter.

      If that's still true, it doesn't seem to be much of a leap to assume that encryption or obfuscation can not be the sole rationale for further investigation. Otherwise, simply using an encrypted connection to a proxy when using a public wireless network could be considered suspicious.

    15. Re:Why even ask? by irtza · · Score: 4, Interesting

      What's significant here is that you are suggesting that there is a reason and that you are treating all data the same in which case it can be said that the data is not really hidden. You merely have a ton of encrypted data. What would be significant and incriminating is selected encryption and "hiding" of data. For example, if all customer information is encrypted, but a select set of customer files for whom you illegally handled funds are kept separately with their own password and login then there is knowledge gained. What is learned is that you took the time and effort to separate those select files from the rest and went to the trouble to make them more difficult to access. It can then be inferred that you had cause independent of all factors other than that these files had evidence of illegal action.

      --
      When all else fails, try.
    16. Re:Why even ask? by b4upoo · · Score: 1

      I have speculated in the past that no government can truly tolerate the free flow of information. We are stuck in a paradox. All forms and instances of government are inherently evil yet progress and civilization require the presence of some form of government. That makes for quite a few citizens who scurry about trying never to be noticed. Perhaps a new statement can be made. "Government makes cowards of us all".

    17. Re:Why even ask? by jamstar7 · · Score: 1

      "Are we no longer allowed to have any secrets, even on our own systems?"

      Why do you even have to ask? As private citizens we arent allowed to hide anything from the government. Its labeled as obstruction of justice and we get tossed in the can if we dont cough up the keys. Even if we have nothing to hide.

      So howcome I'll get arrested for indecent exposure if I run around naked? If it's illegal to hide anything because it'd be obstruction of justice, howcome public nudity is also a crime?

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    18. Re:Why even ask? by jamstar7 · · Score: 1

      So I'm guessing innocent until proven guilty doesn't apply to a person's data, just a person. So if any information(data) hidden from government view in incriminating, then does that give "probable cause" to anything not already in plain sight? This would seem to be the death blow to already suffering 4th Amendment- "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

      Except in cases involving National Security, where, according to FISA, you may gather the evidence and submit the application for the warrant to be rubberstamped any time within 72 hours. Or not even bother with it if authorised by a secret Executive Order that is illegal for the judge to see...

      Welcome to the USSA.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    19. Re:Why even ask? by PPH · · Score: 1

      So, can't we just tell the police, "Nothing to see here, move along"?

      --
      Have gnu, will travel.
    20. Re:Why even ask? by zarozarozaro · · Score: 1

      If they ask, just say its a random set.

    21. Re:Why even ask? by Anonymous Coward · · Score: 1, Informative

      As most people know, law enforcement must have your permission to search your vehicle without a warrant. And to get a warrant, they need probable cause. But, unless it's been superceded recently, it's settled law (by a US Court of Appeals, I believe) that refusal to grant permission for a search does not constitute probable cause for a warrant.
      That's ok, they'll come up with something else. Seriously, the best "probable cause" I've heard after not getting consent to search is "you were driving suspiciously." If that works, then anything goes.
    22. Re:Why even ask? by Fulcrum+of+Evil · · Score: 1

      So, the lesson is to treat everything the same - as if there was a lengthy prison sentence riding on it.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    23. Re:Why even ask? by kestasjk · · Score: 2, Interesting

      In cases like that you can just give the investigators your key/passphrase, so they can verify your innocence. I think the issue is about cases where the person being asked doesn't surrender the key/passphrase, or says they lost/deleted it.

      --
      // MD_Update(&m,buf,j);
    24. Re:Why even ask? by rtb61 · · Score: 0
      I think the whole big government, small government stuff needs to be redefined to match reality.

      Small government, a government controlled by a greedy self obsessed minority to control and exploit the majority.

      Big government, a government controlled by the majority, to ensure it provides for and serves the majority and basically locks away that lying, deceitful, corrupt, minority who otherwise endeavour to turn the rest of us into slaves.

      In the past twenty years, those definitions have been far more accurate, than the political advertising that suggests the opposite.

      --
      Chaos - everything, everywhere, everywhen
    25. Re:Why even ask? by Maniac-X · · Score: 1

      Since when *has* the government been our friend, regardless of which party or candidate we support?

      --
      (A)bort, (R)etry, (I)gnore?_
    26. Re:Why even ask? by mcrbids · · Score: 2, Insightful

      why allow what would be "just" a hardware theft with use of encryption turn into a hardware, data, and possibly identity theft? There's more sense to this than many people might realize. One of my software products tracks personal student information. Because of the potentially sensitive nature of student information, the product uses a file format that's been encrypted with libmcrypt, providing strong encryption. The product is also password-protected, so you can't use it without a program-level login and password as well as appropriate operating-system level permissions.

      Thus, if one of the users of the system loses their laptop or it gets stolen, that fact does not, in and of itself, connote any particular breach of information security - and this is a fact that we clearly make during our sales pitch. And this pitch works, too!

      Encryption is not a bad thing, any more than a hammer is. Use it where it's wise to do so, and fight it where it hurts. (EG: DRM)

      Honestly - why does ANYONE use backup systems that aren't encrypted?
      --
      I have no problem with your religion until you decide it's reason to deprive others of the truth.
    27. Re:Why even ask? by Maniac-X · · Score: 1

      Seconded.

      --
      (A)bort, (R)etry, (I)gnore?_
    28. Re:Why even ask? by Pig+Hogger · · Score: 1

      howcome public nudity is also a crime?
      Because it reminds religious nutsos (that's anyone who's not an atheist) that they are no different than animals.
    29. Re:Why even ask? by CodeBuster · · Score: 1

      Any good encryption package will include Plausible Deniability as one of its features. You can put all of your financial records in the first partition and then anything else that you want in the second partition (hidden within the first). There is no way to prove that another encrypted partition exists within the first.

      As for concealing information, the founding fathers proposed the 4th ammendment to the United States Constitution for a *reason* and it was not merely to prevent the government from searching your property without a warrent (although that is about all that is left of it these days and we are in the process of discarding that final nicety too what with the warantless wiretaps and all of that). They wanted to ensure that the citizens would not be subject to surveillance, interference, or harrasment by a tyrannical government...or at least that was the spirit of the whole "free country" concept.

    30. Re:Why even ask? by Sancho · · Score: 1

      Nah, I know the factors of any given prime number, but if I knew the factors of every prime number, I'd have some mathematical theories to disprove. /pedantic

    31. Re:Why even ask? by Anonymous Coward · · Score: 0

      No. The lesson is to not get caught. If you don't get caught, they won't use your encrypted partition as evidence that you were of sound mind when you committed a crime (or similarly, that the crime was premeditated). This only matters if you've been convicted or plead not guilty by reason of insanity, by the way.

    32. Re:Why even ask? by Fulcrum+of+Evil · · Score: 1

      If you habitually encrypt everything, it's tough to demonstrate premeditation. It becomes part of your habits.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    33. Re:Why even ask? by Luzumsuz+Lazim · · Score: 1
      so they can verify your innocence

      So, you mean people are guilty, until proven innocent.

    34. Re:Why even ask? by Anonymous Coward · · Score: 0

      Yeah, just like they'll turn over all incriminating documents instead of shredding them.

    35. Re:Why even ask? by EsbenMoseHansen · · Score: 1

      In cases like that you can just give the investigators your key/passphrase, so they can verify your innocence. I think the issue is about cases where the person being asked doesn't surrender the key/passphrase, or says they lost/deleted it.

      I hope my computer is never investigated. I have maybe 10 partition files from when I played with cryptoloop, and no idea what the passphrases are. Maybe I should delete those, to be safe. (There are similar laws in Denmark... you have to turn over the keys, or face fines until you do.)

      --
      Religion is regarded by the common people as true, by the wise as false, and by rulers as useful.
    36. Re:Why even ask? by kestasjk · · Score: 1

      so they can verify your innocence

      So, you mean people are guilty, until proven innocent.

      I'm not defending it..
      --
      // MD_Update(&m,buf,j);
    37. Re:Why even ask? by legirons · · Score: 1

      "In cases like that you can just give the investigators your key/passphrase, so they can verify your innocence."

      As other people have mentioned, it's the wrong burden of proof.

      (The UK RIP operates this way too, assuming that you're guilty of *something* until you can prove your innocence by revealing secrets. However, they phrase it in such a way that keeping a secret from the government is itself the crime)

    38. Re:Why even ask? by Anonymous Coward · · Score: 0

      I thought you encrypted with Grub?

    39. Re:Why even ask? by The_mad_linguist · · Score: 1

      Well, I certainly do. Go on, name a large prime number and I'll tell you its factors

    40. Re:Why even ask? by mdmkolbe · · Score: 1

      I think the GP is making a distinction between knowing the factors of every prime number ahead of time and given a prime being able to find its factors. The former would imply a finite set of factors and thus that there exist a finite number of primes which contradicts the well known proof that there are an infinite number of primes.

    41. Re:Why even ask? by Hydrogenoid · · Score: 1

      Give me any prime, as large as you want, and I'll factor it as fast as I can read it!

    42. Re:Why even ask? by Anonymous Coward · · Score: 0

      Hooray for capitalism!

      Of course, capitalism is founded on the principle of voluntary association, which of course requires limited government -- a rather funny thing to say when you're living under the rule of the most powerful, most expensive government (and world empire) that has ever existed.

    43. Re:Why even ask? by Sancho · · Score: 1
      You said you know the factors of every prime. Go ahead. Tell them to me.

      Knowing the factors of every prime indicates that you know all of the primes. Knowing the factors of any given prime is what you're claiming to be able to do with the statement

      name a large prime number and I'll tell you its factors
    44. Re:Why even ask? by InsaneGeek · · Score: 1

      But is it absurd to think that in a court case dealing with something illegal and the investigators doing forensic analysis of your harddrive come across something hidden/encrypted that it couldn't contain some from of illicit information? If one says that all encryption is only meant to hide illegal information that is stupid, but is also stupid to say that encryption isn't used to hide illegal information.

      Just like burning all the clothes you had worn that day in the backyard at 4am, the before you call the police in the morning to tell them your wife is missing, by itself it isn't illegal in anyway (maybe you were in old clothes working in the garden and found some form of fungus and after cleaning it up you don't want to possibly spread by accident). But it would be stupid for someone not to have some interesting assumptions when she isn't found a year later.

      By itself hiding/encrypting data is nothing, but coupled with other data I think some assumptions could be resonably made.

    45. Re:Why even ask? by tombeard · · Score: 1

      Obviously. Guilty until "verified innocent".

      --
      The reason we subjugate ourselves to law is to better procure justice. If law does not accomplish this purpose then it m
    46. Re:Why even ask? by azenpunk · · Score: 1

      i'm not a lawyer but i go drinking with a few, so this is a laymans understanding. it's only obstruction of justice if there is an ongoing investigation at the time. everyone needs to learn this phrase: "am i being investigated in the commission of a crime, officer?" if the answer is "no" you dont have to speak to them further, and there is no obstruction charges for silence at that point.

    47. Re:Why even ask? by azenpunk · · Score: 1

      and what specific crime would this imply? none? well then, it's not incriminating is it? a man walking down the street at night with a criminal record and a large flathead scredriver in his pocket, well you can infer that the screwdriver is for auto theft. that's a specific crime. keeping data under extra encryption? is it fraud? blackmail? not sure? if all the investigators can determine is that it's a 'bit odd' then it's nothing more than a lead, something to investigate further. "the defendant had LOCKS on his FRONT DOOR!! When the police entered the residence they also found a spare room that also had its door locked. there is only ONE possible reason for this, yes the defendant is GUILTY!!! what sort of nefarious criminal needs to keep TWO doors in his private residence locked?!"

    48. Re:Why even ask? by fandog · · Score: 1

      First off, I'm assuming you're talking about the US. If not, disregard...

      Since we haven't had a small gov't any time in the last 20 years there isn't enough data to suggest either way. Bush and Clinton have created the largest gov't there has ever been in the US...

    49. Re:Why even ask? by BalanceOfJudgement · · Score: 1

      They wanted to ensure that the citizens would not be subject to surveillance, interference, or harrasment by a tyrannical government...or at least that was the spirit of the whole "free country" concept.


      Freedom is slavery, Comrade.. slavery is freedom.

      The notion of a free society is long dead. Sometimes I can't escape the overwhelming sense that I'm imprisoned in a world from which I scream to escape, only to find myself further enclosed by the walls that do not go away...

      Once the illusions fall away, what is left is generally so frightening that either you go mad or you lose all will to fight.
      --

      We are the fire that lights our world.. and we are the fire that consumes it.
    50. Re:Why even ask? by BalanceOfJudgement · · Score: 2, Informative

      realize that the American people won't take this stuff any more,


      And upon what do you base this assertion? The American people have shown time and time again that they'll accept any injustice, no matter how grave, so long as their bread and circuses aren't endangered.
      --

      We are the fire that lights our world.. and we are the fire that consumes it.
    51. Re:Why even ask? by sjames · · Score: 1

      This seems to be the author's assertion, but I'm curious if it's been tested in court.

      I seriously doubt it would pass muster IF it got to the Supreme Court. Of course, that means that they'll use it freely if they can convince a judge to agree. Should the matter actually threaten to reach the Supreme Court, they'll conceed the case in question just to make sure it doesn't get there.

      That's one reason why lower income suspects tend to be penelized more severely. Defendants with more money can afford an actual competant legal defense rather than an overloaded public defender.

    52. Re:Why even ask? by WNight · · Score: 1

      If you vote for the government, why is it more likely to be oppressive if there are simply less civil servants? Less laws?

      Of course, that's assuming voting does anything. Especially on a Diebold machine.

    53. Re:Why even ask? by irtza · · Score: 2, Interesting

      It is not the lock itself that is implicating a crime, but more to show intent. If there was a dead body in that other room that was locked then locking that door would show there was extra effort to hide it - IE knowledge of crime. A locked door in and of itself is not the issue. What I had said was that data with evidence of fraud had extra encryption. This reduces possible deniability. If the data were mixed together, they may state it was secondary to error or something to that liking. If someone has child pornography on a computer, they may claim there computer was hacked and it was placed there. on the other hand, if this said pornography were encrypted and the password for this encrypted file were on this persons palm or written somewhere in this persons house, then yes that would show two things. One the person had intent on hiding this data and two that the data did indeed belong to this person. I never said that encryption in itself was a crime or should raise suspicion, but its use definitely implies something.

      --
      When all else fails, try.
    54. Re:Why even ask? by mlts · · Score: 2, Interesting

      This is something that I wonder about too. The reason why most people end up using backup systems without encryption is because very few backup programs offer it. For example, bru at best uses encryption between network nodes, but I saw no mention of it using encryption to store the data on the backup media. The only real commercially available solutions that sport encryption are high end solutions like TSM, Networker, or ArcServe, and a relative few Windows based programs like Retrospect and Backup Exec offer it. There are a few programs on the Linux side like Amanda/Zmanda that offer it, but it seems to be not an integral part, just passing data to gpg.

      Of course, one can roll their own solution by piping tar or dd through some utility that takes stdin, encrypts it, and passes it to stdout, but in a number of businesses (especially ones subject to SOX, HIPAA, and other regs), one needs to have solutions that are commercial, mainly for CYA/"due diligence" reasons, so one can point fingers at a vendor should something go wrong. gpg is an excellent program and highly secure, but in a lot of environments, programs like that have to pass certifications (FIPS, Common Criteria) to make auditors (and sometimes the SEC) happy, and regardless of how really secure an app is, if it doesn't have the certifications, it is legally risky to use.

      I think every backup program from GNU tar on up should have some facility built in for at least AES-128 encryption, and preferably AES-256. However, since this isn't the case, the next best thing is to use something like EncFS so filesystems can be dumped to tape exactly as they are present on the hard disk, but still be encrypted securely. (There is block/device level encryption obviously, but when backing up, one still ends up with plaintext files unless one backs up the whole encrypted image). On the Windows side, at least there are a few utilities like Retrospect available that have had encryption built in for 15+ years. (Retrospect originally started out as a backup program for the Mac in 1989, and was the only one at the time that offered true DES encryption.)

    55. Re:Why even ask? by Anonymous Coward · · Score: 0

      Deleting them is an admission of guilt, though even having them is an admission of guilt it appears. Melt the hard drive down and buy a new one, but doing that is also an admission of guilt because you COULD have been hiding something on their. Ahhh, screw it, everybody is guilty. Next.

  3. Remedial High School English Lesson... by Anonymous Coward · · Score: 0
    1. Re:Remedial High School English Lesson... by Anonymous Coward · · Score: 0

      English is a living language, get over it.

    2. Re:Remedial High School English Lesson... by Enoxice · · Score: 1

      As with every other time it's used on here and someone insists on bringing that up...

      did you even read the entry...particularly about the MODERN USAGE?

      --
      Anyone else think the comments just weren't rendering right before they turned off ABP and saw ads?
    3. Re:Remedial High School English Lesson... by Anonymous Coward · · Score: 0

      You mean the "Contested modern usage" section where it points out that the only people who don't have a problem with it are people who don't think anybody ought to ever tell anyone how not to say something? You're not making a very good case there.

    4. Re:Remedial High School English Lesson... by fredrated · · Score: 1

      This form of 'life' is a tumor, kill it. Misuse of language leads to confusion, better that one learn how to use language correctly, but sadly this mostly requires the ability to think.

    5. Re:Remedial High School English Lesson... by Anonymous Coward · · Score: 0

      This form of 'life' is a tumor

      Funny, I think "begging" meant exactly what the "wrong" usage means long before anyone decided to translate some musty old latin phrase to "begging the question", which had nothing at all to do with begging.

      Maybe that old latin cruft went malignant?

    6. Re:Remedial High School English Lesson... by uradu · · Score: 1

      > where it points out that the only people who don't have a problem with it ... blah, blah, blah...

      Frankly, I don't think you originally linked to the Wikipedia article to point out this contested usage, but rather under the assumption that the poster had committed a logical fallacy simply by using that phrase. The contested usage is basically just an easy to miss footnote on that page, and if that's what you meant, you would have clarified that. You're just trying to weasel out now, which frankly you don't really have to bother with since you're posting anonymously anyway. That shows me that you didn't understand much on that page. Follow some of the links in the contested usage paragraph and you will find that the main objection is that in logics it already has a well-established meaning and this modern usage essentially overloads that expression with new meaning. It is quite obvious that as used in this thread, "begs the question" does not refer to a logical fallacy but is just hyperbole for "raises the question." It seems quite obvious how that expression may have been arrived at by someone who wanted to express an urgency higher than "raises": this does not merely raise a question, it literally begs it, it implores for the question.

    7. Re:Remedial High School English Lesson... by Gary+W.+Longsine · · Score: 1

      As with every other time it's used incorrectly on here and someone insists on bringing that up... There. Fixed it for you.

      --
      If you mod me down, I shall become more powerful than you could possibly imagine.
  4. Custom Filesystem by Anonymous Coward · · Score: 0, Redundant

    And when I use a custom filesystem the FBI doesn't have drivers for, what is that?

    1. Re:Custom Filesystem by deftcoder · · Score: 1

      what is that?
      Something a terrorist would do. Seriously.
      --
      Peace sells, but who's buying?
    2. Re:Custom Filesystem by Klickoris · · Score: 0

      And when I use a custom filesystem the FBI doesn't have drivers for, what is that?

      Win.

  5. Begs the question by evanbd · · Score: 5, Informative

    No it doesn't. It raises the question. Begging the question is a logical fallacy, much like circular reasoning.

    1. Re:Begs the question by Anonymous Coward · · Score: 0
      If these people are hiding something, and have encrypted it, this can only mean that they don't want us to find out what they know, and this strengthens our conviction that they are hiding something.


      That sounds exactly like Begging the Question to me. I figured eventually some smart-stupid poster would mock a real case of begging the question.

    2. Re:Begs the question by caerwyn · · Score: 1

      Except that, were that even the case, that's not the way in which the phrase "begs the question" is used in the summary- the way it's used is, exactly as the GP states, in the sense of raising a question. So the GP's point remains, though I should have guessed some smart-stupid poster would mock a real criticism.

      --
      The ringing of the division bell has begun... -PF
    3. Re:Begs the question by avelyn · · Score: 1

      Oh thank you! I read "begs the question" used inappropriately so many times a day and it makes me cringe. At this point, however, it almost seems prudent to have two definitions: one philosophical and one common use.

    4. Re:Begs the question by fredrated · · Score: 1

      By begs the question I think the poster meant 'this question begs to be asked:...'

      The answer to the question he begs is, hiding has become incriminating by definition.

    5. Re:Begs the question by el+americano · · Score: 1

      If these people are hiding something... they are hiding something.

      That's a tautology, not begging the question. Even the actual point of the article, that encryption must mean that you are hiding incriminating evidence, is wrong, but does not beg the question. ... which raises the question: Why would you defend the use of a phrase when you do not know what it means?

      --
      Those are my principles. If you don't like them I have others. -Groucho Marx
    6. Re:Begs the question by ZombieWomble · · Score: 1

      Words and phrases in a language with multiple usages? What madness is this?

    7. Re:Begs the question by AnotherBlackHat · · Score: 1

      Begging the question is a logical fallacy, much like circular reasoning.


      Yes it is, but that doesn't stop it from having other definitions.

    8. Re:Begs the question by KutuluWare · · Score: 1

      Begging the question is a logical fallacy, much like circular reasoning.
      Yes it is, but that doesn't stop it from having other definitions.
      This is true, merely being a logical fallacy does not stop the phrase "begging the question" from having other definitions. Not having any other definitions, however, does stop it from having other definitions. Evolving a language over time does not mean "make shit mean whatever you feel like, and pray everyone can figure out what the hell you actually meant."
    9. Re:Begs the question by biquet · · Score: 1

      Funny thing about linguistic change: when a new usage catches on, it becomes a new definition for the word or phrase. Words and phrases only mean what they mean by common consensus; when enough people start making a "mistake" such as misusing "beg the question," it is no longer a mistake. Words acquire new meanings and shed old ones, and arguing against linguistic change is as pointless as denouncing continental drift.

    10. Re:Begs the question by hviezda14 · · Score: 1

      If hiding anything means you are criminal/terrorist, everyone who use encryption SW is criminal/terrorist. This is what I get from article and it surely beg the question a lot.

    11. Re:Begs the question by Mode_Locrian · · Score: 1

      "If these people are hiding something, and have encrypted it, this can only mean that they don't want us to find out what they know, and this strengthens our conviction that they are hiding something."

      I would classify this statement as neither tautologous nor question-begging.

      It's not tautologous since it may be false (i.e. it may be true that someone is hiding information, and has encrypted it, but false that they don't want others to find out what they know--maybe they're just hiding encrypted silly messages in their files as Easter eggs, in the hopes that dedicated hackers *will* find it. In that case, the conditional claim is false.)

      It's also not question-begging, since the conclusion of this "argument" is that "this strengthens our conviction that they are hiding something" and this claim is not presupposed or otherwise assumed by the premises (i.e. that "they are hiding something... and have encrypted it").

      Finally, I too found the use of the phrase "begs the question" in the summary to be inappropriate, since what was meant was clearly something more along the lines of "raises the question". However, it's a forgivable flaw since it is clear from context which meaning of the phrase was...err... meant, hence there is no (special) danger of confusion due to ambiguity.

    12. Re:Begs the question by Anonymous Coward · · Score: 0

      Madness? This is SLASHDOT!!!

    13. Re:Begs the question by Mode_Locrian · · Score: 1

      I not only denounce continental drift, I demand that we put a stop to it immediately! Think of all of the destructive violence that plate tectonics creates! Will someone please think of the children?!

      On a more serious note, I agree with you in part--insofar as I think you are write to criticize calling the use of the phrase in this way a mistake. The real danger, though, is ambiguity that can result from shifts in meaning that may not be apparent. The case in the summary is rather innocuous, since it is clear from context which meaning of the phrase was intended, but this is not always so obvious. Long story short--neologisms and re-baptisms are not "mistakes", but they can cause unneeded confusion.

    14. Re:Begs the question by biquet · · Score: 1
      Oh, definitely confusion can arise. For example, the increasingly frequent use of "infer" to mean "imply." That sure seems like it can cause unnecessary confusion, much more so than using "beg the question" to mean "raise the question."

      But in general, language change happens at a rate that does not cause mass confusion among its speakers. It bugs me when prescriptivists bust out the canard that novel word usages will somehow lead to immediate and total incomprehensibility--as if English speakers are going to wake up tomorrow morning and start randomly reassigning nouns to new referents willy-nilly.

    15. Re:Begs the question by Anonymous Coward · · Score: 0

      Thanks for taking the time to reply to my post, and brighten my workday.

    16. Re:Begs the question by Mode_Locrian · · Score: 1

      I think we're in agreement.

      That last bit that you said reminded me of an idea that I had for an incredibly nerdy "pscyhological horror" film (kind of Kafka-esque). Picture this: the protagonist wakes up one morning only to discover that, despite his best efforts, the terms that he uses simply fail to refer! Confusion and angst ensues. (How one would represent this, exactly, I have no idea.)

      Also, people are really using "infer" in the stead of "imply"? I haven't seen that one yet. Is the usage in situations like this:
      "So-and-so has a nice personality"
      "Oh, do you mean to infer that she's ugly?!"

      If so, then yeah I definitely see the problem.

    17. Re:Begs the question by JeffJewell · · Score: 1

      "when enough people start making a "mistake" such as misusing "beg the question," it is no longer a mistake."

      I think that's a helluva way to run a choo-choo. Basically, it says if enough people can't or won't do something the "right way," then we are required to call the "wrong way" an alternative (or, worse yet, a replacement) "right way." If everyone speeds, then the speed limit must go up. If everyone steals from work, then stealing must be tolerated.

      I mean, sure, that attitude certainly explains a lot of the problems society faces, but it also means there's no hope of anything ever getting better.

    18. Re:Begs the question by Maniac-X · · Score: 1

      Madness...?

      This... Is... SLASHDOT!!!

      --
      (A)bort, (R)etry, (I)gnore?_
    19. Re:Begs the question by wordsnyc · · Score: 1

      "Nice" originally meant "ignorant" (Latin "nescius," not knowing). A bit later, it meant "stupid," then "slutty." Now you have a "nice" car. And civilization putters along nicely.

      OK, it doesn't, but you can't blame nonstandard usage.

      --
      Sent from the iPad I found in your car.
    20. Re:Begs the question by pyrrhonist · · Score: 1

      That last bit that you said reminded me of an idea that I had for an incredibly nerdy "pscyhological horror" film (kind of Kafka-esque). Picture this: the protagonist wakes up one morning only to discover that, despite his best efforts, the terms that he uses simply fail to refer! Confusion and angst ensues. (How one would represent this, exactly, I have no idea.)

      That is past grunt simpatico! Fervent fundaments have shot splendid Kafka loops, but sprinkled vagaries aren't my wayward clockwork. If the redeemer plays plenitudinously with the thunder bakelite grower, then it's pyrrhic hovels for the bugger. Fruity brickwork, cobbler. Fruity brickwork...

      --
      Show me on the doll where his noodly appendage touched you.
    21. Re:Begs the question by ediron2 · · Score: 1
      I'm at times as big a grammar-fiend as you, but this one rubs me wrong. This isn't like your/you're or a funny dangling participle or 'for all intensive purposes' or 'mute points' (or Joey's 'moo point') or 'I could care less' or it's/its or quibbling about primates or ledes or terrific or other obscure meanings or words.

      'Begs the question' parses. As jarring to logicians as it is, the new meaning of 'begs the question' is a common-sense meaning. But you're demanding exclusivity in meaning to a flawed translation of an idiomatic expression (petitio principii) in a dead language (latin). You insist on only recognizing one meaning beecause the phrase has a rich history -- the latin phrase was coined by Aristotle and the English translation has been used for 420, becoming well-established in the jargon of logicians.

      From that worldwidewords article by Quinion:

      Most of our problems arise because the person who translated it made a hash of it. The Latin might better be translated as "laying claim to the principle"...(snip)... The meaning you give is the newest. It is gaining ground, and one or two recent dictionaries claim that it is now acceptable -- the New Oxford Dictionary of English, for example, says it is "widely accepted in modern standard English". I wouldn't go so far myself.

      So. Uh... you're claiming that jargon (based on a flawed translation) overrules dictionaries from Oxford and/or common sense. Yet you're expert on the subjects of of logical fallacies *and* grammar.

      Since I have a quorum of grammar nazis at my disposal, help me out with another grammatical term that I struggle with... is that correctly called ironic ?
    22. Re:Begs the question by atreus_max · · Score: 1

      Dont you beleeve in evolving english. people use "beg the question" alot and it should be common. ur silly to think sum thing else. The lagnauge changes all the time. Just s33 text messaging as an example. On a serious note. Whenever I have a dispute with my friends about something grammatical (usually an argument about catachresis) we turn to the Oxford English Dictionary. We have decided that the OED will be the arbiter of our disputes. So, that said, begging the question is a logical fallacy and any other use is incorrect (and annoying as hell).

    23. Re:Begs the question by Anonymous Coward · · Score: 0

      That last bit that you said reminded me of an idea that I had for an incredibly nerdy "pscyhological horror" film (kind of Kafka-esque). Picture this: the protagonist wakes up one morning only to discover that, despite his best efforts, the terms that he uses simply fail to refer! Confusion and angst ensues. (How one would represent this, exactly, I have no idea.)


      http://en.wikipedia.org/wiki/Wordplay_(The_Twiligh t_Zone)
    24. Re:Begs the question by Mode_Locrian · · Score: 1

      That's really interesting--thanks for the link.

    25. Re:Begs the question by biquet · · Score: 1

      Yep, that's exactly what I meant with "infer." I see it used that way pretty frequently, and--as much as I try not to be a prescriptivist--it kind of drives me nuts. I like your movie idea :)

    26. Re:Begs the question by dhasenan · · Score: 1

      'this question begs to be asked:...' Which question is that? "Please, I'm begging you, will you ask me"?
    27. Re:Begs the question by biquet · · Score: 1
      Ah, but when it comes to language use, the "right way" is only "right" because enough speakers consider it so. Language use is a set of arbitrary conventions that shift over time, whether we want them to or not. Our "correct" usage would horrify and bewilder Shakespeare, whose usage would be strange to Chaucer, whose usage would be incomprehensible to pre-Norman-Conquest Saxons.

      You might as well argue that modern Romance languages are abominations brought about by people who are too lazy and uneducated to speak proper Latin.

      In a way, language is like fashion: the consensus of what is "good" fashion changes over time, and some new fashions may appear ridiculous to some observers. Thankfully, though, language doesn't change quite as fast ;-)

    28. Re:Begs the question by mikiN · · Score: 1

      But in general, language change happens at a rate that does not cause mass confusion among its speakers. It bugs me fnord when prescriptivists bust out the canard that novel word usages will somehow lead to immediate and total incomprehensibility--as if English speakers are going to wake up fnord tomorrow morning and start randomly reassigning nouns to new referents willy-nilly.

      Illuminatus!

      --
      The Hacker's Guide To The Kernel: Don't panic()!
  6. Welcome to 1984 by jeffasselin · · Score: 1

    Or fascist America, depending on which side of the pond you live.

    --
    If he explores all forms and substances Straight homeward to their symbol-essences; He shall not die.
  7. 4th Amendment by dashslotter · · Score: 1

    Doesn't it say that refusing a search can't be used as evidence of guilt? Isn't this the same thing?

    --
    I was flipping bits on an abacus, newb.
    1. Re:4th Amendment by nurb432 · · Score: 4, Insightful

      Yes, the 4th applies until you are ordered to by a judge. ( you cant just turn down a search warrant when the cop is at the door waving it at you ). Once the judge hands down the order you dont have a choice, unless perhaps you try to plead the 5th, and i still bet that wont apply if you refuse to hand over 'documents' that were authorized to be seized by the warrant..

      --
      ---- Booth was a patriot ----
    2. Re:4th Amendment by Anonymous Coward · · Score: 0

      Doesn't it say that refusing a search can't be used as evidence of guilt? Isn't this the same thing?

      No, not at all. This is saying that preforming a search and finding that something is missing or has been removed is evidence.

      Note that this is different from not finding something at all. Evidence of an absence not an absence of evidence.

    3. Re:4th Amendment by Anonymous Coward · · Score: 0

      "you cant just turn down a search warrant when the cop is at the door waving it at you"

      That depends very much on wether he's at the door of your house or the hatch of your tank. And if it's the former, more fool you.

    4. Re:4th Amendment by MikeFM · · Score: 1

      If it's encrypted they can't prove it's a document though. Can they legally require you to have a key? What if I lost or purposely deleted the key? It's no worse than having a collection of safes with missing keys - the govt can do their best to break into each one to see if anything is inside but can they demand you not own a safe with a missing key? There is no way to prove something is lost other than not being able to find it. So if they don't find your keys then they can't prove you have a key at all.

      --
      At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
    5. Re:4th Amendment by Anonymous Coward · · Score: 0

      That's pre-9/11 thinking!

    6. Re:4th Amendment by oyenstikker · · Score: 1

      "What if I . . . purposely deleted the key?"

      Obstruction of Justice. Off to jail.

      --
      The masses are the crack whores of religion.
    7. Re:4th Amendment by ravenshrike · · Score: 1

      Only if you deleted the key after the investigation started.

    8. Re:4th Amendment by IvyKing · · Score: 1

      IANAL, but I think he be in trouble only if the key was deleted after he found out that there was an investigation.

    9. Re:4th Amendment by Anonymous Coward · · Score: 1, Insightful
      Once the judge hands down the order you dont have a choice, unless perhaps you try to plead the 5th, and i still bet that wont apply if you refuse to hand over 'documents' that were authorized to be seized by the warrant..

      The fifth amendment no longer means shit. They will say it applies only to testimony given in court. Tough shit if you have to pre-incriminate yourself by handing over material listed in the (clearly unconstitutional) warrant. Hold back anything and they have you for obstructing justice and/or contempt of court.

      Shit, don't any of you remember the guy who just got out of jail a couple of months ago on a contempt charge because he simply refused an FBI demand to turn over all video he'd taken of an altercation in Oakland, CA where a police car got torched? Fuck, all he did was withhold material they demanded for an illegal purpose.

      Surely you know that any cop who understands his job knows where to find the ex-cop judge who will order a colonoscopy on you if the shit cop asks for it. Under the Parrot Act, all the cop has to say is "investigation related to terrorism". After that magic phrase is uttered, the judge cannot refuse to sign the warrant and may not even take any action to determine the validity of the charge.

      THE TERRORISTS HAVE ALREADY WON.

      Just the amount of dollars spent on security theater since 9/11 is, all by itself, the greatest ROI in history for the paltry couple of million expended on the attacks.

      The rest -- the destruction of our civil liberties and the wiping of Bush's asshole with the Constitution -- is pure gravy.

    10. Re:4th Amendment by flonker · · Score: 1

      That brings up an interesting question. What about intentionally forgetting the key after the start of the investigation?

    11. Re:4th Amendment by MikeFM · · Score: 1

      If the key was deleted before anyone asked for it? Again, that's like punishing you for lossing your key to a safe.

      --
      At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
  8. But Comrade... by ObsessiveMathsFreak · · Score: 4, Funny

    If you have nothing to hide, then you have nothing to fear!

    --
    May the Maths Be with you!
    1. Re:But Comrade... by Fuzzums · · Score: 1

      You mean you're guilty until there is evidence you didn't encrypt any data?

      --
      Privacy is terrorism.
    2. Re:But Comrade... by Tablizer · · Score: 1

      If you have nothing to hide, then you have nothing to fear!

      But I don't want anybody finding out I have porn of Natalie Portman doing it with a beowulf cluster. It's not illegal, just embarassing. (Then again, the machines have reached sentience, and are under 18.)

    3. Re:But Comrade... by Anonymous Coward · · Score: 0

      If you have nothing to hide, then you have nothing to fear!
      Just like the current American mindset to mod you Funny. You can joke about it now, but in the future will their be, In capitalist America jokes?

    4. Re:But Comrade... by vertinox · · Score: 1

      If you have nothing to hide, then you have nothing to fear!

      Except vague, strange, and unknown laws from the 1800's that make things you do on a daily basis illegal.

      Yeah you may laugh and think now sane court would uphold them, but as the Cardinal Richelieu says "If one would give me six lines written by the hand of the most honest man, I would find something in them to have him hanged."

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    5. Re:But Comrade... by dhasenan · · Score: 1

      'will their be'? Are you talking about BeOS? And whose BeOS? Last I heard, Palm had sold it, but I don't know to whom.

  9. Uggg! by Anonymous Coward · · Score: 0

    We can't find out what you're hiding, when you hid it, or even if you did it yourself, so instead we're gonna just assume you're guilty of obstructing the course of justice, imprison you for that, and in our other investigations just pretend that we found some really incriminating stuff there. Idiots.

    1. Re:Uggg! by wordsnyc · · Score: 1

      Did you know that Saddam actually hid the WMDs in Syria? That's why we couldn't find 'em. Absence of evidence is just evidence of diabolically clever guilt. Kaboom.

      Did you know Dick Cheney and several score of his toadies actually believe that? And you don't think you can be nailed for having an encrypted partition?

      --
      Sent from the iPad I found in your car.
  10. What kind of sensationalist nonsense is this? by Anonymous Coward · · Score: 0

    " Are we no longer allowed to have any secrets, even on our own systems?"

    What? Why would you even ask this question after reading the quote above? All the provided quote says is that knowing that you tried to hide something is useful to an investigation. If I can figure out what sorts of things you do not want me to see that can be a big hint about what you are trying to hide.

    For example, if you are being investigated and are found to have taken extensive precautions to encrypt your instant message logs but not your email then I might suspect that your most important communications used instant messages, even if I cannot recover them.

    1. Re:What kind of sensationalist nonsense is this? by SanityInAnarchy · · Score: 2, Informative

      Right. I suspect that this could be used in, for example, subpeona-ing the IM logs of my friends who don't encrypt them, or of, say, Microsoft (for my MSN logs)...

      I'm not sure it was meant to imply that the act of cloaking is itself incriminating, but rather that knowing you cloaked your data might tell them where to look. But then, it really was not worded very clearly.

      --
      Don't thank God, thank a doctor!
  11. Ours..? by ricebowl · · Score: 2, Insightful

    Are we no longer allowed to have any secrets, even on our own systems?

    Are they still our systems these days? I could've sworn the EULA said it was just a license I bought...

    1. Re:Ours..? by Anonymous Coward · · Score: 0

      EULA? What's that? Oh, wait... That's that goofy thing that Windows users have to click through every time they so much as scratch their own ass.

    2. Re:Ours..? by ABoerma · · Score: 1

      If you were really paranoid about your data, I highly doubt you would store it on, to put it euphemistically, 'that OS with the EULA'.

    3. Re:Ours..? by Mazin07 · · Score: 1

      Yes, and I'm sure you were not born, but rather received a license to live.

  12. Good luck... by Penguinisto · · Score: 4, Insightful
    If the one and only bit of evidence on hand is the fact that someone uses an encrypted filesystem, good luck getting a conviction in criminal trial, especially if the defendant has a credible (-sounding) reason for doing so (e.g. "I've been bitten by viruses enough to want to protect myself from identity theft and I certainly don't trust a prosecutor that is obviously persecuting me right now, etc")

    Absent any other damning evidence (other concrete evidence found at the defendant's house, financial records at banks and such pointing straight to the suspect, witness testimony, etc), the prosecutor is pretty much fscked if he thinks a jury (dumb as they may be) is going to buy any counter-argument to even a halfway cogent alibi. Everyone knows that Windows is insecure. Everyone knows someone who got a virus. Everyone knows that identity theft is a Bad Thing(tm).

    Sorry, but I somehow don't see how a whole case could hinge on just one bit of evidence: "well, he has an encrypted filesystem, and he keeps invoking the 4th/5th amendments(?) in order to not unlock it, so you must convict..."

    Then there's the whole "evidence of absence is not absence of evidence" bit.

    Not much left to be useful after all that...

    /P

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
    1. Re:Good luck... by Anonymous Coward · · Score: 0

      ROFLOL... trial? You thought there was going to be a TRIAL???? ROFLMHWPCAO.... Nah man, it's straight to Gitmo w/ ya...

    2. Re:Good luck... by Penguinisto · · Score: 1

      ROFLOL... trial? You thought there was going to be a TRIAL???? ROFLMHWPCAO.... Nah man, it's straight to Gitmo w/ ya...

      There eventually is one, if you're a US citizen. The longer the wait, the bigger the lawsuit payout.

      (and yes, there will be a gargantuan crowd of lawyers beating a path to your door for the percentage, the TV face-time, the resume'... then you get to write a book about it and sell the TV/movie rights, becoming a very wealthy person in the process).

      To top that off, as far as prisons go? I'd much, much, much rather be held at Gitmo than a typical California prison, let alone nearly any other nation's prison. At least at Gitmo I'd get treated halfway decently, my anus would remain unviolated, and I wouldn't have to avoid gang drama or catching a shiv in my kidneys. ;)

      /P

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    3. Re:Good luck... by jamstar7 · · Score: 2, Informative

      There eventually is one, if you're a US citizen. The longer the wait, the bigger the lawsuit payout.

      Unless of course you're declared an Enemy Combatant, in which case, hi-ho, hi-ho, it's off to Gitmo you go!

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    4. Re:Good luck... by Anonymous Coward · · Score: 0
      If the one and only bit of evidence on hand is the fact that someone uses an encrypted filesystem, good luck getting a conviction in criminal trial, especially if the defendant has a credible (-sounding) reason for doing so (e.g. "I've been bitten by viruses enough to want to protect myself from identity theft and I certainly don't trust a prosecutor that is obviously persecuting me right now, etc")

      And the prosecutor (who fucks his mother in the ass) will thunder, "If he has nothing to hide, ...." and the lambs on the jury will convict, so as not to be thought unpatriotic.

    5. Re:Good luck... by Anonymous Coward · · Score: 0

      Remember, Penguinisto, they torture at Gitmo.

  13. The police mindset by Pig+Hogger · · Score: 5, Insightful
    One has to take account of the police mindset. The police will not trust anyone at all . Period.

    And the police expect total control of any given situation. Whenever one does not cooperate with the police, the police no longer is in total control and will take whatever measures are necessary to regain total control.

    Adding those two points simply will make that anyone who hides stuff from the police is automatically an ennemy that has to be controlled at once.

    As a matter of fact, one cannot never win against the police. In a courtroom, yes, maybe, but not against the police.

    So the obvious solution is that everyone should perform maximum obfuscation/encrypting of data, the idea being that one cannot jail a whole country.

    1. Re:The police mindset by funkatron · · Score: 1

      A better solution would be to encourage everyone else to perform maximum obfuscation/encrypting of data, the idea being that you don't end up in the part of the country that gets jailed.

      --
      "Welcome to our world. We are the wasted youth. And we are the future too." Yes, I know these are stupid lyrics.
    2. Re:The police mindset by sdguero · · Score: 1

      As a matter of fact, one cannot never win against the police.

      Grammar aside, this is just wrong. You can win against the police, just pretend to be on their side. I do it a lot. Be the first person to talk to them and offer up everything you have (or everything you want them to think you have) and put yourself at their mercy. Cops appreciate forthright answers and information (even if it's not entirely correct). They are gullible and easy to manipulate (especially if you are white). Nerds usually just don't have the experience or the ballz to play the big game...

    3. Re:The police mindset by drgonzo59 · · Score: 3, Insightful
      Great point.


      One has also to keep in mind that policemen are not policemen because they all have PhD's in Quantum Physics and refused tenure-track faculty positions at top universities to go and "serve and protect". To put it more bluntly, many of them are not very bright. And when people with guns who are not very bright lose control, it's not pretty (regardless on which side of the law they are). The trick is then not to only encrypt data but to encrypt it hide it altogether -- yes, steganography. Want to hide your data, then really "hide" it, don't just put it in super secure "safe" but leave the safe right in the middle of the living room. The not-so-bright people with guns have many ways of "persuasion" where they will make you give them the key eventually.

    4. Re:The police mindset by Panoptes · · Score: 1

      the idea being that one cannot jail a whole country? But you can. It's called communism.
    5. Re:The police mindset by Anonymous Coward · · Score: 0

      Its possible to win against the police, however death often accompanies it.

      Resistance is futile?

    6. Re:The police mindset by vux984 · · Score: 1

      Is that the one where you are all free to slave away for your whole life trying to save money to buy food and shelter while struggling against price inflation and currency devalutation? Oh wait...

    7. Re:The police mindset by Anonymous Coward · · Score: 0

      i take it you lack both valuable skills and emotional hardiness to handle the tougher "emotional labor" jobs and so you consider working at minimum wage to be normal, rather than for children and the mentally defective

    8. Re:The police mindset by tyroneking · · Score: 1

      >> So the obvious solution is that everyone should perform maximum obfuscation/encrypting of data, the idea being that one cannot jail a whole country.

      Quite agree! Dibs (http://slashdot.org/articles/03/01/31/1436205.sht ml?tid=126) was always my choice for this; maybe it should be default on all Linux systems ...

    9. Re:The police mindset by KudyardRipling · · Score: 1

      thereby forcing the CIA to explode nuke in a populated area to incite martial law. Bingo! Country jailed.

      --
      Submission as evidence constitutes plaintiff and/or prosecutorial misconduct.
  14. What ifI just don't tell them about it? by ensignyu · · Score: 1

    Suppose I left a DVD at a friend's house, and neglect to mention to the cops when they raid my house. Later the friend hands it over as part of the investigation. Is it really incriminating that I didn't tell them about it? Does the 5th amendment cover it?

    1. Re:What ifI just don't tell them about it? by Anonymous Coward · · Score: 0

      If you "neglect to mention" that's not the same as "purposeful hiding", is it? If they went over and found that he'd placed the DVD inside a hollowed out book after getting a call from you, that would be "purposeful hiding" and would, in fact, seem pretty incriminating to me.

      The general Slashdot response to this article rather misses the point. The statement includes three qualifiers--"purposeful hiding", "subject under investigation" and (if those are met) it's still valid only in "some scenarios".

      With those in, it's a trivial comment, the digitial equivalent of being suspicious of someone stays at the office late, shredding documents, after they've been subpoenaed. Of course it's incriminating. Is it sufficient to convict of the underlying crime in court, on it's own? No. Does it provide a nice hint to investigators that they're on the right track, and even where to look for other evidence? Definitely.

  15. Let me get this straight... by nonsequitor · · Score: 5, Interesting

    If I encrypt my financial data, and am unable to unlock it for the FBI because I lost the smart card I used to encrypt it, does that make me guilty of . When asked why I didn't delete it, I could say I hoped to one day find the smart card. Does that mean they can ship me off to gitmo?

    Of course the difference between this scenario and one where someone merely claims to be unable to decrypt the data is irrelevant.

    I thought that we were innocent until proven guilty in this country, not vice versa.

    1. Re:Let me get this straight... by nonsequitor · · Score: 1

      Sorry, didn't realize plain text filtered out triangle brackets, that should have read "insert crime here."

      (Yes, I know I should have previewed it, but I only preview when using html)

    2. Re:Let me get this straight... by Anonymous Coward · · Score: 0

      I thought that we were innocent until proven guilty in this country, not vice versa.

      Silly you and your pre-9/11 mindset!

  16. Nothing to hide by Anonymous Coward · · Score: 0, Troll

    Look, if you're obeying the law, then you have nothing to hide, and shouldn't hide anything. It's that simple, and I don't understand why people have an issue with it.

    That, at least, is the sentiment expressed to me from new immigrants to the US from other countries that are not so free. I'm not xenophobic, but sometimes I do fear for the fundamentals of the US when people who do not grow up here say "we have too much freedom" and "we should be required to carry identity cards (papers)."

    1. Re:Nothing to hide by vga_init · · Score: 2, Insightful

      The most compelling argument I've heard against your logic is that sometimes you really don't want to obey the law. Laws are not only good, but they come in bad varieties too. Even if you think the laws are good right now, they could change suddenly, and all that invasion of privacy and surveillance that you thought were OK suddenly make it incredibly difficult for you to function as a free man. In fact, the incriminating evidence against you may already have been gathered and is waiting to be used.

    2. Re:Nothing to hide by Bobzibub · · Score: 1

      Put away your Xenophobia.
      The people you talked to were obviously not from Eastern Europe, some of the staunchest defenders of privacy/freedom I've met. Why? Because they've seen this show before. Much more vigilant than the regular Joe-six pack.

      I'm sure some immigrants buy the "America is the free-est place ever!" argument but many do not.

    3. Re:Nothing to hide by maztuhblastah · · Score: 1

      Look, if you're obeying the law, then you have nothing to hide, and shouldn't hide anything.

      If I have nothing to hide, then why do you need to see?

    4. Re:Nothing to hide by Anonymous Coward · · Score: 2, Insightful

      Look, if you're obeying the law, then you have nothing to hide, and shouldn't hide anything.

      Says the Anonymous Coward. How ironic.

  17. 5th Amendment by HaeMaker · · Score: 1

    This is the same as saying, "He took the 5th! He must be guilty!", but that argument doesn't hold water.

    You can't use someone taking the 5th as "incriminating evidence".

    They can't make you testify to your password, if revealing your password incriminates you.

    IANAL.

    1. Re:5th Amendment by Andrew+Tanenbaum · · Score: 1

      But it is true that pleading the 5th means you're guilty, but it just means that the American adversarial system has to continue and prove that you're guilty independently.

    2. Re:5th Amendment by networkBoy · · Score: 1

      More important is that you don't have that password stored anywhere.
      Also, how can they prove you didn't "forget" it, ala Ollie North?
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    3. Re:5th Amendment by ricree · · Score: 1

      It doesn't even remotely mean that. This attitude is exactly the sort of thing that encourages the "if you have nothing to hide" mindset.

      http://www.trussel.com/hf/fifth.htm/
      Why the Fifth Amendment by Howard Fast

    4. Re:5th Amendment by Andrew+Tanenbaum · · Score: 1

      The "if you have nothing to hide" mindset is valid. If you have something to hide from the Government, and you're a good person (which I assume you are), then the law is bad, and you should fight it.

      If you have something to hide and you keep hiding it, then plainly, you're just a coward. Freedom or death.

    5. Re:5th Amendment by rossz · · Score: 1

      You couldn't be more wrong. The Feds already know this because they tried to use the argument of "you can only invoke the 5th if you are guilty of a crime." The Supreme Court slapped them down big time on that. Damn, I wish I could remember the citation.

      --
      -- Will program for bandwidth
    6. Re:5th Amendment by Anonymous Coward · · Score: 0

      They can't make you testify to your password, if revealing your password incriminates you.
      Either you are trolling, or you have given the exact reason(ing) why not giving that password will be regarded as a submission of guilt : if you do not want to give it it must be because what is in it is actually incriminating to you ...

      By the way : its the same reason(ing) why your non-coorporation with "the Law" is regarded as incrimination by itself (even if your previous encounters (as a law-abiding citizen looking for help) with the Law has given you due cause to be weary of them ...)

      In other words : if you do not trust "the Law" you must be a criminal. On all other cases you must be plain stupid. :-)

    7. Re:5th Amendment by scaryjohn · · Score: 1

      They can't make you testify to your password, if revealing your password incriminates you.

      I imagine they could.* Because unless the string of your password is "On November 13th, I mollsted little Jimmy Robinson at his home in Flint." the password itself isn't incriminating. The fact that it's the only thing standing between police and incriminating information is irrelevant. The same way that unless you're a wanted fugitive, you can't plead the Fifth when police ask for your name or ID.

      Hell, the Fifth Amendment, by its own terms only applies to sworn testimony of a defendant in open court. Miranda and the rest of Fifth Amendment case law are prophylactics (the Court's word, not mine) designed to keep an investigation or trial from getting to the point of people having to plead the Fifth in open court and in doing so implicitly admit guilt.

      * But I won't be a lawyer until November and that's if I just passed the bar exam I took this week.

      --
      One might ask the same about birds. What ARE birds? We just don't know.
    8. Re:5th Amendment by captjc · · Score: 1

      What is your social security number, address, Date of Birth, and credit card numbers? I also want a list of all the people you have ever had a crush on and or fantasized about (with explicit details) so I can make sure those people have been disclosed this information. You obviously have nothing to hide. Therefore, if you don't give these thing to me, "then plainly, you're just a coward."

      Hopefully you get my point

      --
      Slow Down Cowboy! It's been 1 hour, 47 minutes since you last successfully posted a comment
    9. Re:5th Amendment by Raideen · · Score: 1

      On November 13th, I mollsted [sic] little Jimmy Robinson at his home in Flint That's brilliant! I'm changing the password on my double-entry bookkeeping files to "All your monies are belong to us!" The problem is, how are you supposed to prove that your password would incriminate you without first revealing it? The same goes with pleading the Fifth regarding your identity. Since it's not really possible to do either without incriminating yourself (what you're trying to avoid), how can the Fifth be selectively applied? I'm no expert in law or history, but selective enforcement of the Bill of Rights doesn't sound like something that the founding fathers had in mind.

      Also, can't the punishments for refusing to reveal incriminating evidence (either directly or by providing access to such evidence) be construed as coercion--an act that itself violates the Fifth amendment? I'd love to know if there's any precedent that was set back closer to the founding days (since there have been forms of cryptography for centuries). Heh, there are a lot of scenarios that I could think of. For example, how much work are you supposed to perform on your own investigation? If I wrote my own encryption algorithm, used it to encrypt sensitive information, and then deleted the binary and source, do I have to provide the algorithm or reconstruct the entire program? They can have the password. :-)
    10. Re:5th Amendment by Anonymous Coward · · Score: 0

      Just make your password a summary of the crimes (if any) you are trying to hide. When they ask you for the password, you tell them it would incriminate you. But you'll give it to them if they promise not to prosecute you for any of the crimes mentioned in the password.

      Not like it's going to work... :(

  18. What baloney by JustNiz · · Score: 2, Insightful

    There are plenty of legitimate reasons to encrypt personal data.

  19. It's called a "warrant". by khasim · · Score: 4, Interesting

    So I'm guessing innocent until proven guilty doesn't apply to a person's data, just a person.

    The cops go to a judge and get a warrant based upon whatever evidence they have that a law was broken.

    So if any information(data) hidden from government view in incriminating, then does that give "probable cause" to anything not already in plain sight?

    They'd have to have access to it already to see that it was encrypted. And that access should require a warrant.

    This would seem to be the death blow to already suffering 4th Amendment- "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

    Again, see the word "warrants" there?

    Encrypt EVERYTHING to protect yourself from regular criminals.

    But if you are accused of a crime, you have to decide whether the encrypted data will help your case or harm it. And if it will harm your case, will it do more or less harm than refusing to decrypt it?

    But there has to be a warrant. Focus your complaints on situations where there aren't any warrants.
    1. Re:It's called a "warrant". by fyngyrz · · Score: 4, Informative
      The cops go to a judge and get a warrant based upon whatever evidence they have that a law was broken.

      Yeah. Except when the authorities just break down your door, or tap your|everyone's phone, or search your vehicle, or take your property, or freeze your assets, just because that's what they've decided they want to do. Warrant, my ass. Wake up.

      that access should require a warrant.

      Yes, it should. But it doesn't. So... now what?

      But there has to be a warrant.

      No. There doesn't. There doesn't have to be a trial, either. Or access to representation. Or even a phone call. You can be tortured. Welcome to the USA. Papers, please.

      --
      I've fallen off your lawn, and I can't get up.
    2. Re:It's called a "warrant". by blueg3 · · Score: 1

      Because rare behavior -- which is found out and very widely challenged -- is normal behavior, right?

    3. Re:It's called a "warrant". by Marcika · · Score: 2, Insightful

      Because this behavior -- which is rarely found out and rarely, if ever, challenged -- is normal behavior.

    4. Re:It's called a "warrant". by blueg3 · · Score: 1

      Claiming that routine behavior is "rarely found out" is what is generally called "conspiracy theory", and there is significant research to document the validity of, for example, your claims.

    5. Re:It's called a "warrant". by Anonymous Coward · · Score: 0

      I work at an ISP, and I see numerous requests from federal and state law enforcement for information that, were it to be provided to them without a warrant, would violate the 4th amendment. Multiple FBI agencies and multiple sheriffs and police departments from many states fax and phone requests in - all without warrants or subpeonas - asking for names and addresses of people who were using such and such an IP at such and such a time. I see it several times a week, and we're not even talking a large ISP. I assure you that this isn't rare behaviour at all, and I have no tin foil hat. It's commonplace. Some ISPs respond by asking that the requesters follow the law and get a subpeona, and some don't.

    6. Re:It's called a "warrant". by Anonymous Coward · · Score: 0

      And the police can search your house with your permission (FBI->ISP can i look for stuff? [Yes, Here it is]), and the police should have to get a warrant if you refuse (FBI->ISP can i have stuff? [No]).

  20. bs .... by Anonymous Coward · · Score: 0

    this is so bollocks, i use a serpent-twofish-aes algorithm to conceal my personal info in the event my machine is ever compromised, and even having nothing to hide you can bet i wouldnt give the police the keyfile ... id fight it tooth and nail in court and when i win id launch a civil suit :)

  21. If obscurity == felony by Anonymous Coward · · Score: 0

    I will arrest the whole govenment for all their illegal activity. I mean, if they won't show me classified documents, that's evidence that they have illegal writing on them, right?

    hell yeah I'm posting this as anonymous coward!

  22. Duh by ChromeAeonium · · Score: 2, Insightful

    So, if you're being investigated, and you're hiding data pertinent to the investigation, of course thats criminal. Its just like physical evidence: if you have it, and you're hiding it from the authorities, they're obviously going to throw the book at you.

    And that, 'Are we no longer allowed to have any secrets, even on our own systems?' line is pretty sensationalist. Thats like declaring that it will soon be illegal to own a safe because a court issued a search warrant of someone's house.

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

      Ah, those who mod overrated. Is there anyone stupider, who can mod like a coward (no metamod) yet don't have the brains to post a reply. Whoever modded this, I laugh at your inability to respond.

  23. I agree by HitekHobo · · Score: 1, Interesting

    For many years I've run hard crypto on my workstations (CFS). Beyond that I keep various files individually encrypted and use encrypted email and even remailers on occasion. Even if I were to hand the feds the keys to some of these systems, they'd be stuck wading through a system with several years of cryptic notes to self, experimental code, temporary data and encrypted files I've just plain forgotten to password for because they aren't important. How do I know they won't grab some random fragment of a random file, take it completely out of context and present it as evidence that I was up to no good? Do you really want a prosecutor presenting fragments of your browser cache and forcing you to explain why you were investigating say... the chemical reaction involved in creating bio-diesel 5 years ago? And if he only presents a fragment of that, are you going to know it was bio-diesel or will the jury draw their own conclusions based on the 'meth' in methyl alcohol? So go ahead and run hard crypto and refuse to give out the keys. If it's between the constitution and a prosecutor who is judged on his conviction rate, I'll stand on the 4th and 5th.

    1. Re:I agree by sqrt(2) · · Score: 1

      Fragments? You'd get your very own team of FBI cryptographers working to make sure that every piece of recovered data was incriminating!

      --
      If you build it, nerds will come. Soylentnews.org
    2. Re:I agree by Penguinisto · · Score: 1

      How do I know they won't grab some random fragment of a random file, take it completely out of context and present it as evidence that I was up to no good?

      How do you know they wouldn't try that even without encryption being involved?

      /P

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
  24. legal issue but technical commentator by Grond · · Score: 2, Insightful

    First off, the linked article doesn't actually contain the quote given in the article summary. But, assuming what the article summary says is accurate...

    The relevance, admissibility, or incriminating character of the mere fact that a defendant hid something (i.e., as separate from the hidden content) is a legal question. In general, the absence of evidence is irrelevant with a few exceptions (obviously it's highly relevant to charges of destroying evidence!). The most important one is that of an absence of regularly kept business records. So, if a business regularly kept records of, say, who entered a building, and an employee were suspected of stealing something from the business, and the records for that night were missing, then perhaps that could be used as evidence against the employee on the theory that the employee had erased the record to cover his or her tracks. The same would be true if the record, rather than being deleted, had been encrypted when the others were unencrypted or encrypted in a different way/with a different key.

    This is a very glossed over view of a complicated topic, but on the narrow question of the mere fact of the use of encryption, I would tend to say that would generally not be incriminating. Certainly the prosecution cannot simply point to your TrueCrypt or FileVault encrypted drive and say "look! everything on that computer is encrypted, therefore we can't know what it is, therefore it could be evidence of wrongdoing." That is tremendously weak circumstantial evidence and falls far, far below the reasonable doubt standard.

    Note: I am not a lawyer and this is a layman's opinion, not legal advice.

    1. Re:legal issue but technical commentator by Anonymous Coward · · Score: 0

      First off, the linked article doesn't actually contain the quote given in the article summary.
      Go away Grond. We don't like your kind here.
    2. Re:legal issue but technical commentator by Anonymous+Cowpat · · Score: 1

      except that most juries are made up of people not smart enough to get out of it and will swallow the "it's encrypted, so he has something to hide, so he's a nasty criminal who needs to be found guilty" argument hook, line & sinker.

      --
      FGD 135
    3. Re:legal issue but technical commentator by Gogo0 · · Score: 1

      You mean that juries are made up of people who wont lie to get out of it and show up willingly?
      Who would want to be in the hands of THOSE people?!

    4. Re:legal issue but technical commentator by Anonymous+Cowpat · · Score: 1

      no, made up of the people who can't come up with a convincing lie.
      Or made up of well-meaning people out to 'do some good' who will probably convict because a prosecutor tells them to, particularly if he has a police officer to testify - the nasty criminal types belong in jail.

      --
      FGD 135
    5. Re:legal issue but technical commentator by Sycraft-fu · · Score: 2, Insightful

      I'm not sure why people have this attitude. It turns out that many people don't actually mind jury duty. I don't. I certainly could come up with a convincing lie, hell I could probably come up with a legit real reason. However there's no need. My employer compensates me for time spent at jury duty and I see no reason not to do it. I'm certainly not one of these "Throw everyone in jail" types you seem to describe, I'm plenty skeptical of the government, I just don't have a reason to try and get out of jury duty. Most people I know are like this. We'll serve if for no other reason than there's no reason not to. IT's not like listening to a trial is more boring than being at work.

  25. 3 words by noz · · Score: 0, Troll

    Trust your govenment.

  26. Encrypt everything, and provide for deniability by vanyel · · Score: 2, Insightful

    This is why you need to encrypt everything as a matter of course: the valid argument is privacy in the face of all the data theft reports coming out nearly daily, you don't know where stuff is stored all the time, so just encrypt everything.

    Anything you *do* want hidden, needs to be done in such a way that there's nothing that indicates that there *is* anything hidden, ala Truecrypt's multiple volumes. "I don't need to *hide* anything, so I'm not using that feature, it's just a good encryption tool"

  27. Deniability is what matters by Somnus · · Score: 4, Informative

    Encryption itself is only useful for preventing data theft by clandestine means. Authorities with a warrant can threaten you with jail to make you give up the keys, and even less scrupulous forces can beat them out of you. You can destroy the keys, but then you'll really piss them off.

    What you need is deniability, as in a steganographic filesystem. No one can ever prove that there is even anything there -- "Oh, I was just playing with it, I can reformat it if you want." Even better, embed data steganographically in standard data formats, like images.

    It would be interesting to interpret the protection against self-incrimination to include data storage, i.e. your hard disk is an extension of your consciousness. Of course, this does not accord with the original aim of this right, which was to prevent false testimony/confessions induced by torture -- your hard disk exists apart from your "will."

    1. Re:Deniability is what matters by Dhalka226 · · Score: 1

      Authorities with a warrant can threaten you with jail to make you give up the keys

      Coincidentally, I was just playing with TrueCrypt yesterday for virtually this reason.

      With it, you can create a hidden volume within an encrypted volume, and if what they say is true, assuming you take precautions not to break it (which basically involves either not adding data to the outer volume or only doing so when you also explicitly mount the inner volume at the same time), there is no way to tell that there is a hidden volume at all.

      If you're forced to give up your keys, you can give the key to the outer volume. Their recommendation is to store some private-looking files there, but ones you don't necessarily care about being seen in a case such as this. They see those files, but not the files in the hidden volume or even the existence of a hidden volume.

  28. A real cloaking device?? by fonik · · Score: 1, Funny

    And with how quickly my posts are being modded up/down, I could use the polarity change as a new source of clean energy!

    Slashdot is truly the breeding ground of new technologies.

  29. Damn...... by Anonymous Coward · · Score: 0

    Man.. you think they'll have a problem w/ the tattoo of the US Constitution I have on my ass in the Caesar cipher?

  30. Ron Paul? Yeah Right. by Anonymous Coward · · Score: 0

    Yeah, let's vote for the guy who believes that cross-burning is free speech* and that there shouldn't be a separation from church and state:

    "Cross burning could be a crime if they were violating somebody's property rights,'' he said during his campaign. But if you go out on your farm some place and it's on your property and you put two sticks together and you burn it, I am not going to send in the federal police."

    "The notion of a rigid separation between church and state has no basis in either the text of the Constitution or the writings of our Founding Fathers. On the contrary, our Founders' political views were strongly informed by their religious beliefs. Certainly the drafters of the Declaration of Independence and the Constitution, both replete with references to God, would be aghast at the federal government's hostility to religion. The establishment clause of the First Amendment was simply intended to forbid the creation of an official state church like the Church of England, not to drive religion out of public life."

    Great candidate you have there.

    * free speech ends when it's purpose is to terrorize others.

  31. Once you have a warrant. by SanityInAnarchy · · Score: 1

    And if you do have that warrant, I am going to read it, and unless it specifically requires you to give up my keys, I am going to tell you to fuck off.

    --
    Don't thank God, thank a doctor!
    1. Re:Once you have a warrant. by redelm · · Score: 2, Insightful
      AFAIK, warrents do not require positive cooperation. They merely entitle the police to legally and with impunity break anything in the way of their authorized search. In criminal procedings, I do not believe you can be required to disclose keys.

      However, in civil procedings the Discovery Process may require you (under pain of contempt) to produce all requested documents. Perhaps including keys if it can be proven you still retain them. Lawyers can argue whether a plaintiff has a right to the keys independant of the documents. Not that they have any right to seize the machine.

      A truly maniacal police/DA might seize a machine then start a civil suit. But there are usually ways to stop this.

    2. Re:Once you have a warrant. by grahammm · · Score: 2, Insightful

      If your documents were written in code on paper and the appropriate files were seized, could you be required or compelled (rather than simply requested) to decode the documents? If not, why should documents stored electronically be treated any differently?

    3. Re:Once you have a warrant. by redelm · · Score: 1
      Yes, I believe decryption codes can be compelled during Discovery or Deposition even for paper documents. Opposing consel can ask what the marks on the paper mean, and answers must be given to the standard of not merely what is admissible evidence but also for what might lead to admissible evidence.


      The basic idea is Courts really want to avoid making bad decisions. Good decisions require evidence. The more, the better. More evidence probably also promotes settlements, which is the best possible outcome from the Courts' PoV. They are only criticised for decisions.


      I have no problem with any of this, but I would like to see strong protections on non-admitted discovery material. Discovery should not be a fishing expedition nor a method to winkle out trade secrets. It is to expose/evidence alleged wrongdoing (tort or contract) and any other use is contemptuous.

    4. Re:Once you have a warrant. by SanityInAnarchy · · Score: 1

      I'm not suggesting that warrants require cooperation.

      I'm just saying that no warrant means no cooperation -- from me, anyway. And in order to get a warrant, you either need Patriot Act bullshit, or you need to convince a judge that you have good reason to believe I'm guilty of something. Frankly, if all you've got is "His hard drive is encrypted", I think (I hope!) a decent judge will tell them to fuck off and refuse to sign the warrant.

      And if you have a warrant that says you may search my house, but my laptop's in my car, then no, you may not have the keys to my laptop -- in fact, you can't even open the clamshell.

      So in other words: I'm going to read your warrant and make sure it gives you the authority to compell me to give up my keys before I do it. Because once they have my data, it's a HUGE pain in the ass to go through and reset all my crypto keys, remote access to various servers, distribute GPG public keys, etc. Compare that to searching the rest of my house -- the worst that happens there is you'll make a mess, and it's already a mess.

      For that matter, if they want specific documents, they get specific documents, and not my keys -- I'll decrypt them myself, thank you.

      --
      Don't thank God, thank a doctor!
  32. Not the same thing? by SoapBox17 · · Score: 1

    IANAL but the article seems to be talking about purposefully cloaking the data in a way that still allows it to be eventually uncovered. So it would seem to be that you can get in trouble for hiding "evidence" if they figure out that you hid it and recover it. If you're using good encryption then they can't even FIND the data, let alone recover it to show that you were hiding evidence.

    Like most /. stories, the submitter seems to be making up a situation that doesn't have much basis in reality or in the original submitted article.

  33. Keeping a secret by Wise+Dragon · · Score: 1

    If you want to keep a secret, keep it in your head. Writing it down is a mistake. The law against self incrimination only applies to whats in your head, not what you write down. Even in code. Even better than keeping a secret is never letting anyone know you are keeping it.

    1. Re:Keeping a secret by Anonymous Coward · · Score: 0

      OK. What if my password (which I store in my head) contains self incriminating information? Such us:

      "I lied on my FBI application"

  34. Encrypt everything by J'raxis · · Score: 3, Insightful

    Encrypt everything, hide everything. Then they can't point to this-or-that encrypted file and say that that's the one that must contain the incriminating evidence. The fact that most people do indeed only hide stuff when they "know they're doing something wrong" only helps the bastards build their cases.

  35. Zonk should know better by now. by Anonymous Coward · · Score: 5, Insightful

    While languages DO evolve over time, simply using a phrase incorrectly is not evolution, even if the mistake is common.

    Furthermore, when you start multiplying the meanings that a word or phrase can have, you start reducing its usefulness. When it cannot make a specific idea clear, in contexts where the meaning may be ambiguous one now has to use even more words to get their idea across.

    Anyway, this specific mistake has been pointed out many times on slashdot. Zonk really should know better by now.

    1. Re:Zonk should know better by now. by kiddygrinder · · Score: 1

      Heh, good luck with that, there's already plenty of common mistakes being inducted in to the language. You might as well give up now.

      --
      This is a joke. I am joking. Joke joke joke.
    2. Re:Zonk should know better by now. by fyngyrz · · Score: 1

      English as a "living" language:

      • Do you know what I mean?
      • Do you know what I'm saying?
      • You know what I'm saying?
      • Know what I'm saying?
      • Know what I'm sayin'?
      • What I'm sayin'?
      • Whut say?
      • No'm sayin'?
      • Ug?

      English as a "dead" language:

      Anything other than proper grammar results in getting your knuckles smacked, from kindergarden right through your last years of your PHd.

      I think I prefer it dead.

      --
      I've fallen off your lawn, and I can't get up.
    3. Re:Zonk should know better by now. by lawpoop · · Score: 1

      Furthermore, when you start multiplying the meanings that a word or phrase can have, you start reducing its usefulness. The word 'do' has 38 definitions. I take it it's a fairly useless word, then?
      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    4. Re:Zonk should know better by now. by Actually,+I+do+RTFA · · Score: 1

      Furthermore, when you start multiplying the meanings that a word or phrase can have, you start reducing its usefulness. When it cannot make a specific idea clear, in contexts where the meaning may be ambiguous one now has to use even more words to get their idea across.

      I think I speak for everyone when I say: Buffalo buffalo buffalo buffalo buffalo buffalo buffalo buffalo.

      --
      Your ad here. Ask me how!
    5. Re:Zonk should know better by now. by Raideen · · Score: 1
      Removing a sentence from its context to alter its meaning does not validate your point.

      When it cannot make a specific idea clear, in contexts where the meaning may be ambiguous one now has to use even more words to get their idea across. The correct meaning of "do" can typically be inferred entirely from its particular use or context. Having to add words to disambiguate between a correct and incorrect use of a phrase is not evolution of language--it's a step backwards. If you are aware of an unambiguous phrase that could replace the correct use of "begs the question," I'm all ears. I'm sure that computer science professors are tired of explaining the difference and would like to have the textbooks reprinted.

      I think that part of the reason why this issue particularly irks some people on Slashdot is because many of us have studied logic (or we're just geeks) and the negative impact of the incorrect usage rears its ugly head when either we have difficulty correctly identifying the logical fallacy or witness others having that problem. It's difficult to "unlearn" things sometimes. We'd* prefer not having the incorrect usage disseminated, especially by those that should know better.

      *We refers to those of us who care, not all of Slashdot.
    6. Re:Zonk should know better by now. by kyb · · Score: 1
      If you are aware of an unambiguous phrase that could replace the correct use of "begs the question," I'm all ears.

      Actually I am. The problem stems from the fact that you're using technical jargon that sounds like it's normal English. I suggest you use something that makes it clear that it is technical jargon. Calling it "petito principii" makes it very obvious what you mean, and makes clear that you are using this phrase in a techical way. After all, we still use "modus tollens", "modus ponens", "ad hominem", etc. "Begging the question" was always a poor translation, with obvious collision with the standard meaning of its constituent words.

      If you want to use a phrase in a technical way, then you should make it clear that you're doing that.

    7. Re:Zonk should know better by now. by instarx · · Score: 1

      I think that part of the reason why this issue particularly irks some people on Slashdot is because many of us have studied logic (or we're just geeks) and the negative impact of the incorrect usage rears its ugly head when either we have difficulty correctly identifying the logical fallacy or witness others having that problem. It's difficult to "unlearn" things sometimes. We'd* prefer not having the incorrect usage disseminated, especially by those that should know better.

      The reason it irks me is that whenever I read "begs the question" my brain correctly interprets the phrase as meaning "does not answer the question", and then of course the sentence no longer makes any sense. I have to stop, start over and re-read the sentence while pretending I am a semi-literate ignoramous.

    8. Re:Zonk should know better by now. by Kojiro+Ganryu+Sasaki · · Score: 1

      Reminds of the whole "OF" fiasco. I have english as my second language, so i'm bound to make other kinds of mistake instead, but damn i don't replace "have" with "of" when i write. ("He would of won", "They could of given me the keys to their house") To make it worse, this seems to be getting more and more popular, and it makes me cringe every time i read it.

    9. Re:Zonk should know better by now. by Anonymous Coward · · Score: 1, Insightful

      Furthermore, when you start multiplying the meanings that a word or phrase can have, you start reducing its usefulness. When it cannot make a specific idea clear, in contexts where the meaning may be ambiguous one now has to use even more words to get their idea across.

      For someone who is arguing for the logician's use of the phrase, this reasoning does not make a good deal of sense. If a phrase can be used in more than one way, it is applicable in more settings and therefore more useful -- especially in this case, where it's obvious which meaning the speaker is using. In the common usage, the speaker will immediately tell you which question is begging to be asked, while in logician's usage, they will not.

      And in this case, you do not need to use more words to get the basic idea across. "That begs the question" has the same number of words as "that raises the question", and they have roughly the same meaning, except that the former emphasizes the obviousness of the question given the situation. Likewise, "That begs the question" has the same number of words as "that is circular reasoning", and it has the same logical meaning, but then you don't get the same smug satisfaction for having used it.

      While languages DO evolve over time, simply using a phrase incorrectly is not evolution, even if the mistake is common.

      Despite your desire to the contrary, mistaken usage is one of the common ways languages change over time. For example: calling something "awful" used to be something of a compliment, since it meant "awe-full" or "filling with awe" -- what we today would call "awe-inspiring". But the meaning changed over time, probably because it was used in the phrase "awful and terrible" ("awe- and terror-inspiring"), and "awful" picked up the negative qualities of "terrible" because people had not seen the word before in other contexts.

      In the case of "begs the question", neither phrase makes a good deal of sense on its own. Other words need to be inserted to fully explain the meaning: "That [situation] begs the question [to be asked]: ..." and "That [reasoning] begs the question [to answer itself]". The common meaning is easier for someone to work out from context, while the logician's meaning really needs to be taught; nobody picks it up on their own, and not just because nobody is using it in common speech, but because it simply is not clear from context. So it's not surprising that the common meaning is becoming much more popular. I suggest you get used to it, and rely on context to discern which meaning the speaker intends.
  36. Recent trend in computer virii might help... by Kazoo+the+Clown · · Score: 1

    You could claim it wasn't your doing, you were a victim of Ransomware...

  37. Begging the question. by Anonymous Coward · · Score: 0

    The article states, "That begs the question."

    Sorry, it does not "beg the question." Begging the question is a type of logical
    fallacy. The term is not synonymous with "raise the question."

    Get a clue. Get a life.

  38. Murder by Citizen+of+Earth · · Score: 2, Informative

    Similarly, if the cops accuse you of murder and you don't tell them where the bodies are, that proves that you are guilty.

  39. Re:Ron Paul? Yeah Right. by Dramacrat · · Score: 0

    And here I am, believing that it's my right to burn two sticks on my private property! Oh please, spare my simple soul from your gulags.

    --
    There are over 36 million lines of COBOL code in the world, and they are all raping children.
  40. Slashdot is 2 steps from the DailyKos by Anonymous Coward · · Score: 0

    Really what the hell has happened to Slashdot over the last few years?

    (Now this isn't flamebait, a troll, or off-topic [because the quality of the story is always on-topic]. You may not like what I have to say, but it is heart-felt and contains more truth than you may want to face up to. [Yeah, Truth to Power, that is it.])

    Slashdot used to be a good technology related website. "News for Nerds" Now, it is conspiracy theory central.
    It is obviously the editors fault. I eagerly await their book review of "The Protocols of the Elders of Zion".
    If your grip on reality is that tenuous, go over to Kos to find out how Tillman was OBVIOUSLY killed because he was about to meet Noam Chomsky.

    I know, I know. Controversy equals pages hits equals advertising dollars. But at some point you get too out there and drive the punters away. Like I am about to. Save the flamebait stories for the Windows/Linux flamewars.

    I had to block the Politics stories because that isn't what I want out of the technology site.
    I had to block the Science section because it because Creationist Central (meanwhile the San Diego school system is setting up Muslim prayer rooms and gender separation, but that is OK).
    And then, Your Rights On-Line is quickly becoming Politics under a different heading. Yeah, until they put the comma in there it really shouldn't be "Your Rights, ... On-Line". This story barely passed the "subject matter" test, but many other stories in this section fail even that test.
    Yeah, I have tried to do my bit by meta-modding things as "unfair" as often as possible. But, the flood of immaturity and politically based mods in overwhelming.
    I am really running out of sections that are free of the conspiracy theories, GroupHate, and the Daily Hate (really wish the people screaming about 1984 would have read the book). I think we are down to "Games", "Development", and "AskSlashdot". But at least "Games" and "AskSlashdot" have their own issue, which are currently tolerable but threaten to go off the rails.

    Even then some bullshit conspiracy theory like this should have been blocked by the editors. Have we totally infantilized the entire world? If you can't separate one brick in a wall of evidence and circumstantial evidence (versus corroborating evidence) from a Vast Right Wing Consipricy, you need to go back to your parents and ask why they didn't teach you to be an adult. When I was a child I got angry because the telephone didn't give me a pre-paid envelope to pay my bill. As an adult I have a better expectation of how the world works and what it does not owe me. No jury will convict on the basis of an encrypted disk alone. When the IRS comes after you for unpaid taxes, you don't have to tell them where all your records are, but if you don't they have the right to come up with a guess and submit that guess to the jury. Same thing here. The prosecution gets to make a guess as to the contents of the encrypted disk. The jury may or may not buy their guess.
    Plus the story itself is long on rant and short on any type of facts. That is OK in a post, but I expect better from the editors. The whole story is a troll.

    I guess I'll end this with a question, what sites are out there that are what Slashdot used to be (circa 1998-ish)?

  41. Encrypt random noise. Lose the keys. by MikeFM · · Score: 4, Funny

    I encrypt everything just so if they ever investigate me, for whatever stupid reason they might decide to, they can demand the key and I can refuse. It's the principal of the thing. Why should we give up our privacy? What if I just want to encrpyt files by a random one time key and then erase the key? Maybe that constitutes digital art to me.

    I encourage everyone to generate files containing nothing but random noise, encrypt those files, and throw away the key. If everyone does this then they can't tell what is a real encrypted file and what isn't. For good measure email some of these random files back and forth with suspicious subject lines.

    --
    At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
    1. Re:Encrypt random noise. Lose the keys. by Maniac-X · · Score: 3, Funny

      Ideas for suspicious subject lines: "Someone set up us the bomb, praise allah!" "bomb plan" "Pentagon destruction" etc

      --
      (A)bort, (R)etry, (I)gnore?_
    2. Re:Encrypt random noise. Lose the keys. by toQDuj · · Score: 1

      Well, what if I want to encrypt sensitive company data?

      The company would kill me if the data (or rather the items in question) would leak to the public, so I cannot give them the key for fear of company secrets leaking.

      What if they ask me for the key now?

      B.

      --
      Every experiment which ends in a big bang is a good experiment.
    3. Re:Encrypt random noise. Lose the keys. by crckr · · Score: 1

      You don't need to encrypt a file containing (pseudo-)random noise.
      It already looks like encrypted data.
      You can't get away with claiming it's just random noise.
      Or else we could just claim the same when caught with an encrypted bomb-design in our hands.

      Okay, in the case of a PRNG, you can reveal the hoax by regenerating the file from the seed value used by the PRNG-algo, but this method is also applicable to the encrypted pseudorandom data stream.

    4. Re:Encrypt random noise. Lose the keys. by JonathanR · · Score: 1

      They'd know you are a fake: If you were a genuine Islamist, you'd be saying Allahu Akbar

    5. Re:Encrypt random noise. Lose the keys. by jefu · · Score: 1

      But (and IANAL so this may not be all entirely the case), what will stop the cops/opposing parties from saying that there is important data on the disk and asking you for the key. Then, if you refuse, they can get the court to require you to provide the key and you'll be held in contempt (and in jail) until you do just that. Of course, if you've encrypted random data, or if you have a TrueCrypt hidden partition, that may make for a long stay.

    6. Re:Encrypt random noise. Lose the keys. by arashi+no+garou · · Score: 1

      Nah, then they'd know that It's A Trap!

    7. Re:Encrypt random noise. Lose the keys. by Anonymous Coward · · Score: 0

      So encrypting random data, even if you give them the key, is legal suicide? Yikes.

    8. Re:Encrypt random noise. Lose the keys. by MikeFM · · Score: 1

      Which is why we need lots of people to do it and be public about doing it. Now if they doubt me I can point to this Slashdot conversation as proof that I did intend to encrypt random noise just to mess with them.

      And of course the only real way to win in US courts - make everything public and noisy and get someone with real money to hire you some good lawyers and make a big stink.

      --
      At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
    9. Re:Encrypt random noise. Lose the keys. by MikeFM · · Score: 1

      Wouldn't a random noise file, unencrypted, seem to random to be likely? It'd seem data passed through an encrypter would be less random although I realize they try to make it seem random.

      --
      At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
    10. Re:Encrypt random noise. Lose the keys. by crckr · · Score: 1

      > It'd seem data passed through an encrypter would be less random that would mean a serious weakness of the crypto-algo; "The most common precise definition of the randomness of a string of digits or of a sequence of black and white cells on a tape is that it is random if there is no way of describing it with a string of shorter length." -- http://forum.wolframscience.com/printthread.php?s= 92e4c3a7f4b586209fe7057ac05dd7b3&threadid=1413 plaintext is usually not very random, that is, it can be compressed significantly; in this case: randomness(plaintext + crypto.key + crypto.algo) is low, but cryptographic algorithms are designed with the key feature in mind, that crypto-text should reflect the least possible structure of the plaintext; therefore encrypted data is undistinguishable from random, until the encription is considered broken

  42. Another take.. by raehl · · Score: 1

    If I encrypt something and memorize the key, can the government compel me to tell them what the key is, or can I refuse to answer the question based on the 5th amendment?

    1. Re:Another take.. by hibji · · Score: 2, Informative
    2. Re:Another take.. by Anonymous Coward · · Score: 0

      As the wikipedia article points out, the section of the act concerning encryption keys is not in force.

  43. spoliation of evidence by Anonymous Coward · · Score: 0

    There is a concept in the law called spoliation of evidence which may apply in such situations. Evidence may be presented to the jury in many jurisdictions that evidence was intentionally destroyed by the defendent. If it is proved beyond a doubt that evidence was destroyed, the judge can issue an instruction to the jury that they may, using a permissive inference infer that the evidence or data that was destroyed was harmful to the defendant. The instruction is permissive, in that, the jury doesn't have to find that the evidence destroyed was harmful, but the spoliation instruction is often a very powerful tool for prosecutors to use. It reminds the jury that evidence was destroyed and allows them to infer that that evidence was harmful to the defense in making determinations as to whether the defendant is guilty beyond a reasonable doubt to all elements of the crime they are charged with.

  44. Shadow account by benhocking · · Score: 1

    You obviously are using a shadow account to mod down your own posts. We knew you were doing something wrong, and now we have the proof!

    --
    Ben Hocking
    Need a professional organizer?
    1. Re:Shadow account by Creepy+Crawler · · Score: 1

      Hardly. I've once pissed off a mod that they put all 5 mod points as -1 overrated as my last 5 posts.

      I assume it must have been my sig ;)

      --
    2. Re:Shadow account by Anonymous Coward · · Score: 0

      Muhahahahaaaaaaaa!

      Don't mess with Texas.

  45. What about a physical safe? by jonwil · · Score: 1

    If you have a physical safe in your house, are you legally required to open it if the cops ask you to? If you don't, can the cops use that as evidence against you?

    The right way for law enforcement to treat encrypted data on a disk is to treat it the same as a combination safe (with the password being like the combination to the safe)

    1. Re:What about a physical safe? by Anonymous Coward · · Score: 1, Interesting

      If you have a physical safe in your house, are you legally required to open it if the cops ask you to?
      No, of course you don't have to if they ask. If they have a warrant, they will tell, and you will rot in jail until you do.

      If you don't, can the cops use that as evidence against you?
      No, the cops can't. But the jury sure can.
    2. Re:What about a physical safe? by Anonymous Coward · · Score: 0
      You are equating a physical safe with an encrypted file, and the flaw in that viewpoint is that the police can [get a locksmith to] eventually open that safe, even without your permission or you giving up the combination (assuming they have a warrant to do so, but that's another can of worms).


      At the moment, an encrypted file is still beyond their means (as far as we know).


      The police would love it if they could treat an encrypted file like they treat a safe -- bring in a specialist, and an hour or so later, they have all your secrets!

  46. There are too many laws.... by cheekyboy · · Score: 1

    If all the laws cover 7000 pages, how can a cop that barely has the qualifications of a mcdonalds burger dude remember all 7000 pages
    especially if the lawsyers themselves cannot know it all.

    Face it, if they dont like you, they just arrest you, its easier, they dont have to think at all.

    Enough innocent people have been burned by cops with psychopathic brains.

    Just look at those cops in NY who say, "you cannot film me thats againts the law" but they know there is no law saying that, they
    just like to scare people.

    --
    Liberty freedom are no1, not dicks in suits.
  47. Re:So if I... by symbolic · · Score: 1

    If I whisper something to someone, wouldn't that give them probable cause to suspect I'm doing something that's illegal?

  48. Re:Ron Paul? Yeah Right. by Anonymous Coward · · Score: 0

    "Cross burning could be a crime if they were violating somebody's property rights,'' he said during his campaign. But if you go out on your farm some place and it's on your property and you put two sticks together and you burn it, I am not going to send in the federal police."
     
    And here we see just how desperate you liberals are getting, grabbing at any straws you possibly can to smear candidates you disagree with and paint them in ways that can only be described as defamatory. How pathetic.

  49. Merely Cloaking Data May Be Incriminating? by John+Hasler · · Score: 1

    That begs the question:
    No it doesn't. See "Begs the question" .

    if one cloaks data by encrypting it, exactly what incriminating evidence does that provide?
    In the absence of any other evidence, none.

    And how important is that evidence compared to the absence of anything else found that was incriminating?
    If there is no other evidence then the fact of encryption is not evidence.
    But then, if there is no other evidence it is not likely (not impossible, but unlikely) that they would be looking at your disk drive to begin with.
    --
    Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    1. Re: Merely Cloaking Data May Be Incriminating? by Anonymous Coward · · Score: 0

      if one cloaks data by encrypting it, exactly what incriminating evidence does that provide?

      In the absence of any other evidence, none.


      If it is password protected or encrypted and the law enforcement officer wants to look at it, you will be charged with obstruction. Example, at the airport when going thru international destinations, they can check your luggage and documents and electronics and can copy any paper/electronic records. If your phone or laptop is password protected, they will ask you for your password. Recently some guy got busted with child porn on his laptop in Washington state at the airport.
  50. How did this get to +5? by SanityInAnarchy · · Score: 2, Insightful

    Bitter about something, are we?

    The police will not trust anyone at all . Period.

    Except their partner on the beat. And Dispatch. And the Chief. And...

    And the police expect total control of any given situation.

    I don't think they do, realistically. They might want that, but doesn't everyone? I know I'd love to have total control of any given situation.

    But realistically, any cop who has been around awhile should have seen the FBI take over an investigation, or a perp slip away because someone was stupid enough to violate their fourth-amendment rights. Or a good friend die in the line of duty.

    Adding those two points simply will make that anyone who hides stuff from the police is automatically an ennemy that has to be controlled at once.

    If, in the course of investigation, they come across someone hiding stuff, it might make them suspicious. It might even automatically make that person a suspect. But "suspect" doesn't mean "enemy", because they have to be willing to accept that they may have the wrong person. (That's not always true, of course -- sometimes they know they've got the right guy, but he's still a "suspect" until he becomes a "defendant".)

    As a matter of fact, one cannot never win against the police. In a courtroom, yes, maybe, but not against the police.

    Erm... you just refuted your own argument.

    I mean, even your grammar disagrees with you here: "one cannot never win against the police." Cannot never. That means it is impossible for someone to never win against the police. Meaning that at least once in your life, you will win against the police.

    It's tricky to figure out what you mean by "In a courtroom..." If you're saying that it's possible to win in a courtroom, then you're right. If you're saying it's not possible to win in a courtroom against the police, you're dead wrong. There have been cases where, for example, a cop opened the trunk of some guy's car without a warrant, and there was a dead body in the trunk -- but since it was obtained through an illegal search, it could not be used as evidence. Which means that the guy walked. (Might have been on Law & Order, actually, but there have been real cases like that.)

    If you can get away with murder on a technicality, because some policeman (in this case a policewoman, I think) didn't follow procedure exactly, I call that "winning against the police."

    So the obvious solution is that everyone should perform maximum obfuscation/encrypting of data, the idea being that one cannot jail a whole country.

    Wrong again!

    First, everyone will not do this. I think you'll only really get a few zealots (like whatever morons modded you +5 Insightful), but let's pretend for a moment that every technically-minded person followed you.

    Now, I don't care how many that is, but there are overwhelmingly more people who actually feel good about AOL (and Earthlink, etc), spend all day on Myspace, have no clue what an operating system even is, etc etc.

    And before you say "one cannot jail a whole class of people", I'll point you to Germany, circa 1942 -- several whole classes of people were not only jailed, they were also enslaved and killed wholesale.

    I don't mean to say I expect another Holocaust here. What I am saying is that if you really believe that a truly massive number of people using encryption won't be jailed in this country, then you should also believe that even the small minority who seriously uses encryption today should be safe.

    --
    Don't thank God, thank a doctor!
    1. Re:How did this get to +5? by captjc · · Score: 1

      First, everyone will not do this. I think you'll only really get a few zealots (like whatever morons modded you +5 Insightful), but let's pretend for a moment that every technically-minded person followed you. The Whole point was that a solution is for everyone to encrypt. This is the logical solution in that if everyone encrypted their data, than the presents of encryption doesn't lead to suspicion or persecution. It doesn't say anything about whether it will happen.

      I also wouldn't label those who encourage encryption and privacy as "morons" and "zealots". Leaving one's private data unencrypted is about as bad as leaving ones doors unlocked. While most people are honest (or paranoid) enough not to steal you stuff, There is always the possibility that someone will try and succeed.

      And before you say "one cannot jail a whole class of people", I'll point you to Germany, circa 1942 -- several whole classes of people were not only jailed, they were also enslaved and killed wholesale. As much as people like to say how bad America is getting, we are still a free people. This is not Germany Circa 1942. Regardless of public opinion, this is not police-state under a dictatorship. The entire country cannot be jailed (If anything, the Second Amendment should guarantee that). Besides, the whole purpose of a representative democracy is that if the majority of people are in favor of something (in this case data encryption) no elected representative will vote against it for fear of losing their cushy jobs.

      Then again, I try to be an optimist
      --
      Slow Down Cowboy! It's been 1 hour, 47 minutes since you last successfully posted a comment
    2. Re:How did this get to +5? by Anonymous Coward · · Score: 0

      "Bitter about something, are we?"

      Well, yes, I am. I got pulled over for speeding, then detained for suspicion of DUI. Why, you ask? I had just left my house after brushing my teeth and using (alcohol based) mouthwash. I live in a small town and near the police station so they took me there to do the drunk tests. Which I passed, easily. (Though it is hard to do the alphabet backwards quickly right around q or so for some reason).

      But here is the best part. THEY WOULDN'T TAKE ME BACK TO MY CAR! I HAD TO CALL A FUCKING CAB TO GET BACK TO IT! Even though my alcohol level was 0.00000000000000000000000000.

      My car was like 2 miles away! And since my wife couldn't get out of work anytime soon, and since we live in a pretty small town, there aren't any local cabs. Yeah, fun hiking down a county road in a suit with no sidewalk in the middle of summer.

      Nah, I'm not bitter or anything.

    3. Re:How did this get to +5? by Anonymous Coward · · Score: 0
      Except their partner on the beat. And Dispatch. And the Chief. And...

      To a cop, there are three kinds of people in the world -- cops, cops' families and suspects.

      And firemen are just as bad. Did you see the bit on the news about the funeral arrangements for TWO off-duty firemen who died trying to rescue a couple in CA? So they will have TWO FUCKING HUNDRED engines at their funeral, coming anywhere from CA to NY. Not to mention the rest of the thousands of other firemen who will attend -- at taxpayer expense. Fuck the citizens who will be left without fire protection for this debacle. It could be an arsonist's wettest dream.

      In fact, the bastards should be tried for eco-terrorism for running that many diesel engines for hours at low speed.

      This is no different from when Hussein torched the oil wells as an eco-terrorist act. For that alone, the fucking Bush I should have told the Iraqis to hand him over or watch Baghdad leveled like a pool table. And he should have told the UN to kiss his ass if they weren't fond of the idea.

    4. Re:How did this get to +5? by Anonymous Coward · · Score: 0
      And before you say "one cannot jail a whole class of people", I'll point you to Germany, circa 1942 -- several whole classes of people were not only jailed, they were also enslaved and killed wholesale.

      Maybe we didn't kill the interned Japanese in WWII, but we came close enough. We jailed them, then pissed away their personal property and real estate to war-profiteering whities. These people, who had done nothing wrong (aside from having chosen the wrong parents) were left with ruined lives. Those who didn't die in the camps.

      So don't bother bringing up Germany to me -- we have our own home-grown examples to look to.

      If you can get away with murder on a technicality, because some policeman (in this case a policewoman, I think) didn't follow procedure exactly, I call that "winning against the police."

      And that is the purest form of protection of citizens' rights in a democracy. Anyone who sneers that someone "got off on a technicality" simply doesn't understand the concept of justice under LAW. If the cops can do whatever they want to obtain evidence, then be excused "because they were acting in good faith" (as they usually will be excused), then there are no limits or restraints on their evil behavior. The "technicalities" are exactly what reigns in the perverse behavior of law enforcement officials who feel too restrained by the written law.

      If you don't believe it, examine the behavior of our own commander-in-thief. He already had the FISA courts, constituted under LAW. These courts refused only a minute part of one percent of all surveillance requests submitted to them. (This, in itself, is evidence that they were mere rubber stamps. Any court that finds for the prosecution in 99.999 percent of cases is just as illegitimate as any dictator who "wins" with 99.999 percent of the vote.) Yet, despite these courts laying on their backs and spreading their legs happily and widely for the administration, the rat-fucking Bushies found it necessary to bypass their lackeys and engage in unauthorized, unsupervised wiretapping. Why? -- because "the paperwork was too burdensome. Waaahhhhhh."

      Try that excuse the next time you decide not to pay the registration on your truck.

      So, without paying heed to "the technicalities", there is no practical limit on the power of the government, especially the cops, to wreak grave injustice on the citizenry. And all with impunity.

    5. Re:How did this get to +5? by rook2pawn · · Score: 1

      I mean, even your grammar disagrees with you here: "one cannot never win against the police." Cannot never. That means it is impossible for someone to never win against the police. Meaning that at least once in your life, you will win against the police. This is the problem with small-minded people like the fellow here. They pick one fucking word, ignoring the spirit of what the original poster is saying, and then act as if they won the whole thing. There's another class of people who argue like this: Conservatives. DId you ever care if a Nazi SS Officer felt bad if he saw his friend die in the line of duty? We DONT CARE ABOUT THEM WHEN THEY ACT LIKE NAZI'S , GET IT? You really don't get it do you?
    6. Re:How did this get to +5? by SanityInAnarchy · · Score: 1

      I also wouldn't label those who encourage encryption and privacy as "morons" and "zealots".

      No, I labeled those who encourage encryption as "zealots", and I know that is not true -- not so long as you're only encrypting your own stuff. If you want all data, everywhere, to be encrypted, that's pretty much the definition of a zealot -- for instance, I used to want all computers, everywhere, to run Linux, which made me a bit of a Linux zealot.

      I did, however, label those who modded grandparent +5 as "morons". That's a distinct group, a group of people who actually believe that crap about "police don't trust anyone".

      This is not Germany Circa 1942.

      I suggest you read "A Princess in Berlin" -- long story short, Germany circa 1930 was not Germany circa 1942. Nazism rose frighteningly quickly. It did not matter whether the country was free or not -- they were facing an imminent threat, so they ran to what they saw as the strongest thing going.

      Besides, the whole purpose of a representative democracy is that if the majority of people are in favor of something (in this case data encryption) no elected representative will vote against it for fear of losing their cushy jobs.

      More recommended reading: Empire, by Orson Scott Card. (It does manage to not be overly political, if you can manage to take it that way -- and it's a very good story, whether or not you think the premise is likely.)

      First, the majority of people are not in favor of data encryption. The majority don't care.

      Second, the power does NOT rest with the people. Not anymore. We're not a bunch of colonies with a ragtag militia anymore. We have an organized army, and that is where the power lies, ultimately. We're just lucky enough that the army is usually controlled by our civilian elected officials, and usually allows us to keep electing them, even if we elect morons. (I do think Bush is a moron.)

      If the politicians enact martial law, even if it's not "official" and everyone is trying their hardest to vote or rally against it, the honest truth of it is, most of us won't do anything, because we don't want to die. Think about it -- if there's an armed guard outside the voting booth who says "Anyone in favor of a democratic republic will be shot down," are you still going to try to vote?

      I try to be an optimist... Ultimately, I don't think the entire country will be jailed or shot or anything. But never, ever forget that it can happen.

      --
      Don't thank God, thank a doctor!
    7. Re:How did this get to +5? by SanityInAnarchy · · Score: 1

      To a cop, there are three kinds of people in the world -- cops, cops' families and suspects.

      I have to ask -- how many cops do you know?

      --
      Don't thank God, thank a doctor!
    8. Re:How did this get to +5? by SanityInAnarchy · · Score: 1

      It sounds to me like you're agreeing with me -- rudely, maybe, but:

      So don't bother bringing up Germany to me -- we have our own home-grown examples to look to.

      So what?

      I mean, if you want a home-grown example, we could look at the Trail of Tears, or slaves on plantations...

      I could also have brought up the transformation of the Roman Republic into the Roman Empire.

      I chose Germany because it was easy to think of, I'd actually read books about it, and hell, I was raised Jewish. You don't have to be offended because I didn't pick your tragedy to use in my analogy.

      Anyone who sneers that someone "got off on a technicality" simply doesn't understand the concept of justice under LAW.

      Anyone who says I was "sneering" there simply doesn't understand the concept of communication under the ENGLISH LANGUAGE. I realize you didn't say that, but you did imply it -- else why did you quote me and then reply, if you agree with me?

      I called it "winning". I didn't say it was bad -- in fact, I agree with you here:

      The "technicalities" are exactly what reigns in the perverse behavior of law enforcement officials who feel too restrained by the written law.

      Right. You have to let the occasional murdering bastard free, on a technicality, so that law enforcement officials don't try the same bullshit on the next suspect.

      I'm not sneering at the law, or at the procedure, or the situation, or anything. If "on a technicality" is meant as a "sneer" at anything, it's the bastard who managed to get off, and the idiot who didn't follow procedure (resulting in said bastard getting off).

      (This, in itself, is evidence that they were mere rubber stamps. Any court that finds for the prosecution in 99.999 percent of cases is just as illegitimate as any dictator who "wins" with 99.999 percent of the vote.)

      Not necessarily. I tend to agree with you here, but maybe the prosecution just didn't bother to submit many wiretapping requests that they knew would be rejected out of hand.

      And for that matter, I think a dictator with 99.999 percent of the vote is only illegitimate if the voting process was flawed. 99.999 percent of the vote means you should take a VERY close look at the voting process, yes, but that doesn't make it automatically flawed, just statistically likely to be flawed -- and we all know about "lies, damn lies, and statistics."

      --
      Don't thank God, thank a doctor!
    9. Re:How did this get to +5? by AK+Marc · · Score: 1

      It's tricky to figure out what you mean by "In a courtroom..."

      Well, I thought it quite obvious. When you are faced with police and no judge, you are going to lose. Always. When you are faced with a judge, you have the possibility of winning, even against cops. Well, aside from the fact the whole court system assumes you are guilty. Ever have a cop go to court and say you are speeding? You can't get out of it (aside from technicalities). If you tesdify under oath that you weren't speeding and the cop must have seen a similar car speeding or accidentally pointed the gun off a little and hit someone else, but that you have an accurate spedometer and cruise set at 5 mph under the limit (and you were at that speed), you will still be convicted. Why? Because cops tell the truth and everyone else lies. Cops win much more than they lose in court. They *always* win when you meet them on the street. To a cop, there are two types of people, cops and suspects. If you aren't a cop, you are a suspect.

  51. Makes a good case for hidden volumes by HangingChad · · Score: 1

    With TrueCrypt you can create a hidden volume within an encrypted volume with separate passwords. If pressured you give up the password for the outer volume where you put something mildly important so they...whoever they is in that scenario...think they got something.

    What's really a shame is that anyone in the US has to even think in those terms. Sad world we have made.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
    1. Re:Makes a good case for hidden volumes by dhasenan · · Score: 1

      With TrueCrypt, it's common practice to go two levels deep. Go at least three, preferably four. That way, you can even stand up to a bit of rubber hose cryptography.

  52. 'cause there is never a legit reason to encrypt by kent_eh · · Score: 1

    Apparently an encrypted copy of my tax files makes me a suspect?

    I can't see any judge believing that it's a bad idea to apply security to personal financial data.

    --

    ---
    "I can't complain, but sometimes still do..." Joe Walsh
  53. Wow, thank you, thank you by Anonymous Coward · · Score: 0

    I had no idea Ron Paul had so much common sense. Thank you for enlightening me. I will have to investigate further.

    1. Re:Wow, thank you, thank you by Anonymous Coward · · Score: 0

      How is it common sense that church and state should not be separated? Do you not pay attention to how this has affected the Middle East?

    2. Re:Wow, thank you, thank you by WNight · · Score: 1

      The middle-east has (effectively) a mandatory state religion. There's a big difference between that and some politician saying "I support X because of my beliefs".

      You can't make people ignore their religion in their actions, but you can keep them from forcing the specific beliefs on others. You can make them lie about their motives, but you can't see into their heads.

      Singapore and China are two nearly secular places with insane laws. Indonesia is a religious place with crazy laws. Smoke pot in any of them and you're in for long jail terms or death. Does the feeling of being dead vary based on their reasons? (Maybe if you buy into their religion.)

      So, I don't want a politician to have legal problems with declaring his motives for supporting a law (however wacky) because otherwise he'll lie. Like with hate speech, if it's in the open it's easy to fight. And easy to deal with. If religious people merely didn't want *their* kids to hear about evolution, that'd be okay. But they want to make up intelligent design and pretend it's not religious, and get that inserted into schools... that's bad.

  54. The Matter of Privacy by Genda · · Score: 4, Insightful

    There is no promise of Privacy in the Constitution, and even if there ever had been, we'd have ground that right down to a bloody stump by now with the growing power of technology on one side and the exploding power of government and big business on the other. It's hard to even say that in a world with accelerating technology and the ability to grow weapons of mass destruction in your own garage or basement, that there isn't some justifiable need for privacy to give way to greater security.

    That said, Govenment and big Business have proven beyond any shadow of a doubt that they cannot be trusted to wield the power of absoute intrusion with intelligence, dignity, or even a modicum of good taste. Microsoft is planning to turn your personal computer into their data tap in your home, a private spy on your desk... and what about our government, just today, four men falsely accused of murder in Boston by the FBI (two of whom died in prison and two others who spent 30 year behind bars), just got record making settlements of $102,000,000.00 for malicious prosecution and false imprisonment. Are these really the folks you wants to be watching every atom of your transparent life day in and day out? God help you if it becomes in their political or financial interest to have you made into "Soylent" (pick a color.)

    So if we're going to live in a transparent society, where every person is;

    • Videod from the time they leave their front door to the time the get back in the evening,
    • Having every network packet they send or receive deep scanned for content, ownership, recipients, and legality,
    • Running a computer with hardware and software providing virtually total exposure to data collecting agent both benign and malignant,
    • And ultimately where every appliance, every room, every space will be filled with intelligent sensors recording every action, preference, habit, activity, and affiliation that any of us might have,
    then we are clearly far overdue for the creation of a new Bill of Rights. We must begin to think about the implications of our technology, and how the clear and unbridled abuse of that power by a loathsome few endangers all of us. If the world is to become transparent, then we must be assured that the eyes that see us, are fair, impartial, and dedicated to the sanctity of our humanity, and our dignity. In short those eyes cannot be human. They can be programmed by humans (who are themselves seen transparently by all), so that the tools that insure our safety, our comfort, ease, and efficiency, aren't used against us by greedy, power hungry, or despotic men. The temptation for misuse is simply too great, we must relenquish the process of watching people to ever smarter machines who have been programmed to act in our best interest. We need to make the breaking of these laws or personal protections prunishable by the most draconian measures. We need to watch the watcher and perhaps even watch those. We need to give people the blessings of infinite information without robbing them of every last shred of their humanity.

    In the end, this may indeed be the greatest challenge of the twenty first century

    1. Re:The Matter of Privacy by Dunbal · · Score: 1

      There is no promise of Privacy in the Constitution, and even if there ever had been

            See in most countries, you have the intrinsic right to EVERYTHING, and laws and constitutions set limits on those rights. Laws do not GRANT permission to citizens, they take permissions away. Laws ONLY grant specific permissions and rights to public servants and the government.

            If there's no mention of privacy, YOU HAVE IT BY DEFAULT. At least that's the way it should be. And that's the way it is in countries with REAL "freedom".

      --
      Seven puppies were harmed during the making of this post.
    2. Re:The Matter of Privacy by Kpau · · Score: 3, Informative

      The Constitution is not an "assignment of rights". It is a set of LIMITATIONs on the government and what it may do. The last piece of the Bill of Rights specifically says that the enumeration of specific rights does not make other natural rights vaporize. Besides, the 4th Amendment is basically about privacy even if it doesn't specifically use the word. "Habeus Corpus" is also *assumed* in the Constitution since it references it. They never should have called it the Bill of Rights ..... I guess it was just easier to say than "The Bill of Restrictions on the Government".

    3. Re:The Matter of Privacy by Genda · · Score: 1

      The problem occurs however, when technology allow me to build some super conduction quantum array, that allows me to watch virtually every atom and electron on planet earth, and if I just happen to be a government or a big business, and this new capacity gives me Godlike powers, how will you regulate me? How will you prevent me from misusing these new powers? If you don't say something now, when the time comes, the temptation to abuse the technology will simply be too great for human leaders to avoid. IT WILL ALMOST CERTAINLY GET UGLY...

    4. Re:The Matter of Privacy by urulokion · · Score: 2, Interesting
      Sheesh. Don't schools teach Social Studies nowadays? We do have a Right to Privacy. And it IS in the Constitution. Read the 9th Amendment in the Bill of Right. It's out spelled in there. If you can't understand it's meaning, there is nothing I can say to make you get it.

      However I will agree that it had been ground down a lot in the past few decades.

    5. Re:The Matter of Privacy by torkus · · Score: 1

      Well the US (and other parts of the world along with us) are heading in a horrible direction. Do you realize the number of laws that exist SOLELY TO PROTECT THE INDIVIDUAL THAT WOULD BE BREAKING THEM? There are laws that require you to wear a helmet on a bicycle (NYC is passing a law requiring couriers - adults - to wear helmets), wear a helmet while riding a motorcycle...and tons of others. Now, granted, it's probably a smart idea. But why the fsck do I need a LAW to force me to wear one? It's against the law to be stupid...or more exactly act in a less than prudent fasion? Well, i guess nascar drivers shold be jailed. Bungee jumpers much less sky divers should probably get the death penalty, right? How about the laws that say 'because some miniscule % of the population might make crystal meth from pseudophedrine after it being on the market for ?20? years, we're going to make it all but illegal/impossible to buy.' Oh, and pseudoephedrine is DECONGESTANT. You know - the shit in nyquil. Well, it *used* to be in nyquil. Now, smoking is bad. We know that. Yet THAT is legal. Welcome to big business. So, if it's bad for you, it's illegal unless it's making someone a shit load of money. Brillaint. Remind me again how this is a 'government of the people for the people'? What fucking people does this government exist for? The extremely wealthy and the extremely lazy (read: poor). Tell me: Why can't stupidity be painful and why can't people be HELD RESPONSIBLE FOR THEIR ACTIONS??? Some idiot DRUNK TEENAGER falls under a train in NY and somehow - SOMEHOW - it's the train company (MTA for you new yorkers) fault??? That gap has been there for longer than that idiot was alive. Really. It's not like the put an invisible trap door and shot her full of psychoactives against her will just before she tried to get on the train. Now we're talking about privacy being interpreted as a crime. Lovely. Why don't we all just stop shaving, grow fur, and live like the sheeple we're expected to be. Now, you want to talk about a truly invasive society. Cameras everywhere to enforce laws. Ok. People complain. WHy? Because even the most honest among us still break laws. You speed by 5-10 miles and hour on the highway. everyone does. It's still illegal. I could cite a zillion examples. Privacy is used as an excuse to balance out a bit of the stupidity in our laws. How about if there was no speed limit. Traffic signs and lights were optional. Guns were free to buy for anyone. Drugs legal. And surveilance everywhere. Every street, home, room, car, pool, etc. You can do anything you want but you're 100% responsible for anything you do to someone else. Immagine that? Evolution might actually kick up again and weed out the totally useless among us.

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    6. Re:The Matter of Privacy by Torodung · · Score: 2, Informative

      There is no promise of Privacy in the Constitution Incorrect. There is no explicit promise of privacy.

      However, if you take the ninth amendment, and salt with a liberal (pun intended) helping of Supreme Court rulings, starting with Griswold v. Connecticut in 1965, you'll find that it is pretty much established law forty-two years later. It is a 9th amendment unenumerated right, but supposedly also supported by the "Due Process" section of the 14th amendment. I don't really understand how Justice Harlan's "substantive due process" rationale actually works, but it has been relied upon in decades of precedent and ruling after ruling, most notably Roe v. Wade, so it's basically legal fact at this point.

      The scope is selective, however. Largely, privacy rights fall under the categories of "what you do in your bedroom," "what medical treatment you choose," and "what you do with your money." That's certainly enough of a basis to hold off a police state, however, and can always be amended to add new protected subject matter and activity without writing a new Bill of Rights. It's only going to expand at this point.

      So, good news, you have a "right to privacy." It's established law and it's considered to be guaranteed by the 9th and 14th amendments. For instance, privacy law is the foundation of the various medical privacy acts. Someone just has to wake up the folks in Washington who don't understand that "common law" is, in fact, actual law.

      The real problem, as you so aptly illustrated, is that we are voluntarily surrendering it with our own technology choices. Your "Brave New World" future portrait hits the nail on the head. The true blow to privacy is when we agree to use and implement such technologies, or allow them, through apathy and complacency, to become the only way to conduct our lives.

      --
      Toro
    7. Re:The Matter of Privacy by isham · · Score: 1

      I guess it was just easier to say than "The Bill of Restrictions on the Government".

      The BORG act?

      Somehow seems appropriate

  55. Easy solution by Spy+der+Mann · · Score: 5, Informative

    Just set up a triple truecrypt partition and in the middle one put some cheap porn files. The real stuff goes in the third one.

    [ standard truecrypt [ deacoy porn ] [ hidden truecrypt [ deacoy gay porn ] [ doubly-hidden true crypt [ secret spy stuff muahahahaha ] ] ] ]

    1. Re:Easy solution by CautionaryX · · Score: 1

      Just set up a triple truecrypt partition and in the middle one put some cheap porn files. The real stuff goes in the third one. I have a few suggestions for the really cheap porn section:

      -- goatse
      -- tubgirl
      -- lemonparty
      -- (rinse and repeat with your favorites)

      Yeah, Yeah, mod me down... you know you'd do it.

    2. Re:Easy solution by a_nonamiss · · Score: 3, Funny

      Why go to all that trouble? If my understanding of TC is correct, shouldn't you just need a hidden partition within a regular one? I thought the whole thing about the hidden partition is that it can't be mathematically proven to even exist. I mean, if you have empty space in a TC partition, it will be indistinguishable from random data. Some of that random data could feasibly be the super secret stuff you're trying to hide, and without a key, there would be no way to prove it.

      Man, if that's not true, I think many slashdotters will have to rethink how they hide their porn from their wives... Ok, from their mothers.

      --
      -Arthur
      Cave ne ante ullas catapultas ambules
    3. Re:Easy solution by Lehk228 · · Score: 1

      fill it with REALLY freaky but legal porn. scat, and guro to start. would also provide a convincing reason for why you have heavy security "you think i WANT people to know i jerk off to 18 year old school-girls shitting on each other" will pretty much send investigators packing.

      --
      Snowden and Manning are heroes.
    4. Re:Easy solution by javaman235 · · Score: 1

      Or hell, be thorough. Have a buddy hack your box and disrupt something, and tell 'em you were protecting yourself from hackers. Then invite them to set the legal precedent that people have to spread their ass cheecks to hackers, and see how the business community responds.

      This is just dumb.

      --
      -The art of programming is the pursuit of absolute simplicity.
    5. Re:Easy solution by AnyoneEB · · Score: 1

      I think the point is that that fact is well-known, so it may be assumed that the real secrets are in a hidden partition, even though its existence cannot be proved mathematically, it may be assumed that it is reasonable that it would exist.

      --
      Centralization breaks the internet.
    6. Re:Easy solution by shmlco · · Score: 1

      It could be presumed that you chose that software specifically for the well-known "hidden partition" option (police departments hire geeks too, you know). As such, prove that the incriminating evidence ISN'T locked away in the hidden partition and that you're not refusing to comply with the warrent.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    7. Re:Easy solution by Anonymous Coward · · Score: 0

      err...nope. we still have proof beyond a reasonable doubt.

    8. Re:Easy solution by cortana · · Score: 2, Interesting

      Has that ever been shown in a court?

    9. Re:Easy solution by Anonymous Coward · · Score: 0

      I don't remember the link right now, but I know of at least one scat-and-S&M site that was shut down by the US government as being illegally obscene or somesuch..... so, I wouldn't chance it...?

    10. Re:Easy solution by Anonymous Coward · · Score: 0

      I think the point is that that fact is well-known, so it may be assumed that the real secrets are in a hidden partition, even though its existence cannot be proved mathematically, it may be assumed that it is reasonable that it would exist.

      Oh man, I'm wayyyy too lazy to set up the hidden bit of TrueC.

      I'm going to be totally screwed if someone demands the 'secret' key to the 'hidden' partition. Seriously. That could suck.

    11. Re:Easy solution by Anonymous Coward · · Score: 0
    12. Re:Easy solution by jotok · · Score: 1

      They don't have to set any precedent; the jury simply has to not believe you.

      Imagine some slimy lawyer telling the jury "I suppose you just HAPPENED to ACCIDENTALLY obstruct justice while you were guarding yourself against...heh...'HACKERS'. Really, Mr. Javaman, do you expect us to believe that? Everyone knows all you need is ZoneAlarm..."

      For businesses, it's a lot easier to bring in a technical expert who will explain, most sorrowfully, that the data was inadvertently destroyed when the box got Ghosted routinely.

      You and I occupy a radically different world from those with money, dig?

    13. Re:Easy solution by javaman235 · · Score: 1

      Its hard to make general arguments about this, but I would really love to see a specific case where the prosecution rests on this kind of 'obstruction of justice' alone, or where its even a major factor. For instance a case where the defendant is accused of something but the only evidence has been encrypted and he has "forgotten" the key. I can't see him getting convicted without seriously strange legal precedents being set.

      --
      -The art of programming is the pursuit of absolute simplicity.
    14. Re:Easy solution by jotok · · Score: 1

      I get the feeling this sort of thing happens all the time--the jury convicts on circumstantial evidence (even though ideally they would not) if the lawyer convinces them that you are hiding the smoking gun. There is never only ONE piece of evidence; detectives will try to establish method, motive, and/or opportunity before bringing the case to the state. So if you're on the stand you're already suspected for more than just having an encrypted hard drive.

      I will caveat this by saying that, since I am paranoid about the state's power, I DO encrypt important data.

  56. Hiding data and convictions by Anonymous Coward · · Score: 0

    I am only aware of one case were the presence of encryption software (PGP in this case) on the defendants computer was considered by the court. http://news.com.com/Minnesota+court+takes+dim+view +of+encryption/2100-1030_3-5718978.html
    The article covering the case doesn't spell out what effect the consideration had on the outcome. It does, however, point out the conviction was based on the in person testimony of the victim, the defendants browser history (frequent searches for "lolita"), and frequently hosting sleep over for little girls.
    You can find the result of his appeal at http://www.lawlibrary.state.mn.us/archive/ctappub/ 0505/opa040381-0503.htm
    as well as the discussion of it here on /. at http://yro.slashdot.org/article.pl?sid=05/05/25/00 19217

    It would seem encryption or other methods for hiding data alone are not by their mere presence a sign of guilt.
    In the case I mentioned above it seems the issue of having PGP was relatively minor in ultimate conviction of the defendant.

    As for being ordered to turn over a key for an encrypted file, you can always claim you have forgotten. TrueCrypt as well as other programs offer plausible deniability with hidden encrypted volumes.

  57. So much bullshit, so little time by PingXao · · Score: 1
    I don't know about the rest of the world but in the US:

    No person shall be held to answer for a capital, or otherwise infamous crime, ... nor shall be compelled in any criminal case to be a witness against himself ...

    If there is information someone has hidden, then absent OTHER evidence of criminal activity, well that's just too bad. It's up to the prosecution or the police or whoever to find that other evidence. Putting prior restraint or casting suspicion on what anyone does with their own data because some day it might be evidence of something is just wrong. Our rights continue to be chipped away.
  58. stegography by Harmonious+Botch · · Score: 1

    "Are we no longer allowed to have any secrets, even on our own systems?"

    Why do you even have to ask? As private citizens we arent allowed to hide anything from the government. Its labeled as obstruction of justice and we get tossed in the can if we don't cough up the keys. Of course, if you use stegography, the whole issue of keys is moot. Store all your data as the least significant bit in photos - particularly photos that you have modified as art. They can subpeona your artistic porn collection. But they can't prove that there even is any encryption.
  59. Take it easy, it's just friendly corporate advice. by twitter · · Score: 0, Troll

    Oh, right, DRM isn't bad, because it has large, multi-national corporations giving large campaign contributions-- err, I mean, supporting it.

    Once you understand the target audience, the meaning is entirely innocuous. He's talking to people who work for big dumb companies, the kind that use NTFS and commercial encryption that we know won't work:

    But the real give away is "perpetrator". He's advising corporate people who know what they are doing is illegal. When someone blows the whistle or makes them a scapegoat, and the wrong doing is proved beyond a reasonable doubt, every step taken to cover ass is evidence of intent and knowledge. Without using as many words, the author is discouraging the use of his product for this purpose.

    The morals of all of the above are a further condemnation of non free software, if not capitalism itself. A self interested capitalist will report and avoid immoral people. There's no honor among theives. The free software vendor, on the other hand, polite to paying customers and would never think of doing something like this.

    --

    Friends don't help friends install M$ junk.

  60. You Don't Even Have to Actually Cloak Any Data... by SwashbucklingCowboy · · Score: 5, Insightful
    From http://news.com.com/Minnesota+court+takes+dim+view +of+encryption/2100-1030_3-5718978.html

    A Minnesota appeals court has ruled that the presence of encryption software on a computer may be viewed as evidence of criminal intent.

    So, according to the morons on that court, even if you haven't actually encrypted any data, the fact that you had the tools to encrypt data was enough to judge criminal intent, sort of like possession of burglary tools. The problem, of course, is that encryption software has legitimate uses.

    I wonder if any of those judges had Microsoft Office on their computers - if they did then they possessed encryption software and could be viewed as having criminal intent.

  61. Well it don't matter to 'important people'... by TheNetAvenger · · Score: 2, Insightful

    The important people just ask Bush to invoke Executive Privilege, and then they are free to obstruct any and all investigations.

    Truly though, just because you encrypt something has no basic legal grounds of incrimination, it is just like locking up your house. However just as a subpoena could be issued to force you to open your house to legal officials, a subpoena could also force you to un-encrypt the volume.

    Beyond that, they are really grasping at straws or are trying to see the world via the horrors the Bush administration has done to civil protections and liberties.

  62. you have no constitutional rights... by Anonymous Coward · · Score: 0

    ...none, zero. The theory is you have rights, the government treats ALL of them as privileges they bestow on you when and if they feel like it, with a thousand variations of nuances thrown in for good measure that they call laws, or edicts, or rulings or policy or findings or directives.

        Name a so called right-I can find examples where they are violated routinely by government and their drooling armed lackeys. ex: "free speech" right->reality "free speech zones" "keep and bear arms" -> 10,000 firearms laws on the books, all enforced, with a few places allowing you a limited "permission" to exercise a right

    and so on, all of them, the fifth amendment included.

    The rational person will realize this and act and think and plan accordingly. And also stop voting in the D and R power sharing criminal cartel which has hijacked government and turned into....well, it isn't what the founders intended. Stop with the granting permission to the criminal political gangs, this would be a good first step, albeit I would make one single exception, vote on the ballot or write in Ron Paul, he is the *last* Constitutionalist left in the Federal elected government, he's the last non-liar, he's the last one not bought off or bribed off or *blackmailed* off, which a lot of them are behind the scenes. The civilian/paramilitary spooks and military intel and enthusiastic fedcops are masters at the honeypot trap, and also creating false economic or other records which they threaten politicians with to get them to play ball- "or else". They target the ones who aren't normal political crooks.

    And I know this because I've known some of those guys, they'll tell you war stories after they are retired and drunk enough. Some think back and think it is funny, others are ashamed but put up with it because it was their job and pension, but I have heard too much of this from too many guys who don't know each other to think they are all lying about it, it just has the ring of authenticity to it which when you compare it to the evil stuff they do which we do find out about, just fits too well..

        The fix is in, the highest possiblly connected crooks and murderers run this nation (this is called the rogue government or shadow government loosely), and have been since before they shot JFK and got away with it.

  63. Of course it's incriminating by iminplaya · · Score: 2, Insightful

    You all know the routine.

    --
    What?
  64. Be smart, combine types. by Admiral+Justin · · Score: 1

    Use truecrypt to make an encrypted volume. Put some porn images in there, and use stenography on those images.

    Then do the same with some regular images outside, but put non-crucial information in them. They will think that you were just trying to hide your naughty images.

    --
    You will be baked, and there will be cake.
    1. Re:Be smart, combine types. by blueg3 · · Score: 1

      Unlikely to be very helpful. You might as well just put your data on the encrypted volume. Use of respectably secure encryption raises a lot of red flags and is unlikely to be used against something as mundane as legal pornography. Once your volume is decrypted, stenographic analysis will be run against everything.

  65. Re:You Don't Even Have to Actually Cloak Any Data. by Anonymous Coward · · Score: 1, Informative

    It appears you just read the headline and nothing else. The article doesn't elaborate much on the consideration, except to note that an appeals court ruled its inclusion as evidence was "somewhat relevant". The article does say:
    "...Rather, Levie's conviction was based on the in-person testimony of the girl who said she was paid to pose nude, coupled with the history of searches for "Lolitas" in Levie's Web browser." It seems to be me he would have been convicted regardless of the PGP's presence on his hard drive.
    You can find the complete appeals court ruling at http://www.lawlibrary.state.mn.us/archive/ctappub/ 0505/opa040381-0503.htm

  66. hide information you have under NDA is "evidence"? by amigabill · · Score: 1

    So you are working with something under NDA, and you want to keep that data protected and encrypt it in order to keep the vendor happy. Now that professional courtesy for your business agreement is now evidence that you're a bad guy?

  67. Are we allowed? by philovivero · · Score: 2, Insightful

    Are we no longer allowed to have any secrets, even on our own systems? In a fascist police state, you are not allowed to have privacy or secrets. I thought we'd agreed the (lack of) utility of a fascist police state after World War II, but apparently we've all changed our minds.
    1. Re:Are we allowed? by bogidu · · Score: 0

      No, only HALF of us have changed our minds . . . . . . another 40% are just following, and the rest of us are kicking and screaming about privacy, control, rampant "security" issues at airports, huge government, and being called paranoid malcontents for troubles.

      Twenty five years ago, as a private citizen I would have had no need to encrypt my data because I didn't think my own government would use it against me . . . . . perhaps I was naive back then.

  68. My experience by RKenshin1 · · Score: 2, Interesting

    I was once on the other side of this debate... I was a network administrator at a large High School. One day, a teacher brought a [school] laptop to me for some work, and I saw that he had installed a data erasing tool, the kind that's meant to zero out data after you delete a file in Windows.

    This immediately prompted me to look at the system closer, and I found evidence, mostly in the form of thumbnails, that the teacher had been downloading and viewing child porn on the laptop. This was definitely a probable cause for me to investigate the laptop, since we owned it. I often wondered how this would hold up if it were a private laptop, or if the police could use that as an excuse to investigate a computer.

  69. Beyond Stupidity... by Genda · · Score: 1

    Cloaking data destined to be received by a Mulah in Northern Pakistan... potentially suspect

    Cloaking data on my PC, means "What in the black smoking hole of purdition do YOU think YOU'RE doing???, Trying to read my personal DATA, on my personal PC, in my personal HOME, on my personal PROPERTY, without my personal PERMISSION... YOU and the rest of YOUR nosey FRIENDS can leave now, YOUR welcome, like YOUR last brain cell has EXPIRED!!!"

  70. The way things are going by TheWoozle · · Score: 1

    So, how long will it be before they simply make the act of hiding things a crime in and of itself?

    --
    Insisting on "correct" English is like saying that there is only one, definitive recipe for chili.
  71. how to be even more secure... by Kaenneth · · Score: 1

    Even if you encrypt your private/incriminating documents, many parts and hints of them remain. For example, application temp files, thumbnails, recently used lists, page file, clipboard, dead space in disk sectors, browser history, saved login credentials...

    A solution I suggest is to first create an encrypted drive (such as with TrueCrypt) and install 'portable' Virtual Machine software on the encrypted drive, and run any application that uses your confidential data within that VM.

    The result should be that any system data that changes as a result of using the private data would be isolated to the Virtual 'sandbox', which is wholly contained within the encrypted partition. Ideally, anyone who then obtains your hardware without your authorization won't even have any clues as to the nature of the hidden data.

    Not perfect, unless the Virtual Machine was designed for that reason. I believe many allow sharing the clipboard, and may themselves get swapped out to the host machines unencrypted disk, But you may reduce the leaked information to a small fraction of the leaks from just encrypting your documents.

    You'll also want to use an encrypted connection to a network proxy.

  72. No. by Virak · · Score: 1

    No, it begs the question. This usage is well-established, and just because you are too stupid to handle phrases having multiple meanings, even when it's painfully obvious from context which is being used, does not mean everyone else should have to change to accommodate you.

    1. Re:No. by zippthorne · · Score: 1

      Frankly, I'm starting to get sick of this phrase in any incarnation. All you get by using it is an incessant flamefight between people who claim an esoteric meaning of a straightforward phrase is more correct vs. people who claim that a literal meaning of the same phrase is more correct.

      I think we should just avoid it altogether in the future. Boo to the editors for using such a pointlessly inflamatory turn of words in the summary of an article on a site where that particular turn of words is so inexplicably, vehemently argued about.

      --
      Can you be Even More Awesome?!
    2. Re:No. by RedWizzard · · Score: 1

      This usage is well-established Point to some dictionary or other usage guide that supports your view. Because I've only seen such authorities state that this usage is incorrect. If you merely claiming to be right argumentum ad populum, then you must also believe we should swap the meaning of "it's" and "its", make "loose" synonymous with "lose", and get rid of "too", right?
    3. Re:No. by Virak · · Score: 1

      Point to some dictionary or other usage guide that supports your view. Because I've only seen such authorities state that this usage is incorrect.
      Prescriptivism is fucking stupid. Language is defined by how people use it, not by the illogical, contradictory edicts handed down by a moron who doesn't even understand them.

      you must also believe we should swap the meaning of "it's" and "its", make "loose" synonymous with "lose", and get rid of "too", right?
      This is a straw man. There is a big difference between typing B instead of A whether by accident (as in the case of loose/lose) or due to laziness (it's/its) and intentionally using B to mean A, which is what is happening here.
    4. Re:No. by RedWizzard · · Score: 1

      Point to some dictionary or other usage guide that supports your view. Because I've only seen such authorities state that this usage is incorrect.
      Prescriptivism is fucking stupid. Language is defined by how people use it, not by the illogical, contradictory edicts handed down by a moron who doesn't even understand them. Dictionaries and such follow usage. If your claim that this alternate usage is common is true you should be able to point to a reference that acknowledges the fact. Otherwise your claim is purely anecdotal - you think this usage is common.

      you must also believe we should swap the meaning of "it's" and "its", make "loose" synonymous with "lose", and get rid of "too", right?
      This is a straw man. There is a big difference between typing B instead of A whether by accident (as in the case of loose/lose) or due to laziness (it's/its) and intentionally using B to mean A, which is what is happening here. I disagree. "It's" vs "its" is not laziness, it's ignorance. "Loose" v "lose" may sometimes be accidental, but far more often it's again a mistake in understanding. The incorrect use of "begs the question" is the same: ignorance or a mistake in understanding. The use of a term incorrectly does not become valid just because the author deliberately used it that way.
    5. Re:No. by Virak · · Score: 1

      Dictionaries and such follow usage.
      Dictionaries often ignore common terms until they have some air of legitimacy. I won't even touch on shit like usage guides, for obvious reasons. And I'll say it once again, dictionaries and such do not define language, how people use it does. Unless you've been living under a rock for years now or simply ignoring the parts of reality you don't like, it's obvious from, well, just about everything that no matter how much you like it, the 'correct' meaning has long since been supplanted.

      The use of a term incorrectly does not become valid just because the author deliberately used it that way.
      No, but it does when many authors use it that way. Regardless, this is utterly irrelevant because they are not using it incorrectly. They are using the literal meaning of the phrase, not the idiomatic one, which is arguably more correct than the 'correct' definition because it actually makes sense.

      I'll give an example for you, since you seem to be having trouble with this concept:
      The phrase "coming out of the closet" is often used to mean revealing one's homosexuality to some person or group, which had been previously kept secret from them, or by extension any such secret which would likely be met with disapproval. However, were someone to describe a person who was leaving a real, specific closet as "coming out of the closet", would you go into a rant on how they're using it wrong and should stick to the idiomatic usage? No, you would not, because the words making up the idiomatic phrase were around long before it was, the phrase when taken literally makes sense, which one is being used can be easily determined with minimal context, and most importantly of all, you'll come across as someone with a gigantic stick up their ass who mindlessly follows the rules given to him by those smart people that write fancy and make big, authoritative-looking books.
    6. Re:No. by NoOneInParticular · · Score: 1
      The phrase 'begging the question', by virtue of using an outdated meaning of 'begging' (namely 'requesting'. Requesting the premise in this case,) is confusing and people should therefore refrain from using it. Using the phrase 'begging the question' instead of 'raising the question' is pretentious (by referring to some fairly obscure phrase,) and wrong at the same time (for using it in the wrong context.) For both reasons, 'begging the question' should simply never be used. Use 'circular reasoning' in the first meaning, and 'raising the question' in the second.

    7. Re:No. by Man+Eating+Duck · · Score: 1

      This usage is well-established, and just because you are too stupid to handle phrases having multiple meanings,...
      I beg to differ. If you make a mistake, and "everyone" gets your point because they understand what you meant to say, a linguist would probably be satisfied about the communication having succeeded.

      Not being a linguist I would react to the fact that you're misusing the phrase, and infer that it's either from ignorance or intent. In either case I would be more inclined to question the validity of the point you're trying to make.

      After all, the theory of evolution is just a theory, not fact, right?
      --
      Are you a grammar Nazi? I'm trying to improve my English; please correct my errors! :)
  73. Guilty until proven innocent by TapeCutter · · Score: 5, Insightful

    "I think this is a perfect question to ask."

    I agree, technically speaking all data is "encrypted", it's the strength of the encryption that varies. Are we to assume that if forensics can't understand it then it is automatically incriminating? - That's nothing short of "guilty until proven innocent", under that policy the suspect can be locked away until he gives the investigators the non-existant key to unscramble the random sequence of bits found in the free sectors of his HDD.

    "Also, The linked article...."

    As is the custom on /. I didn't RTFA before shooting my mouth off.

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    1. Re:Guilty until proven innocent by dana340 · · Score: 1

      It really has to back to the whole idea of unlawful search and seizure, and hard vs circumstantial evidence. we'll see how the first judge rules, and prey till it gets to the supreme court. President Schwarzenegger, please appoint good justices.

      --
      "10001110101 - periodic table with a centerpiece of mind" -Clutch
    2. Re:Guilty until proven innocent by Sancho · · Score: 2, Informative

      There's a huge semantic difference between encrypting and encoding. All data is encoded, however encryption implies that there exists a secret which must be known in order to recover the encoded data.

      Now you can get pretty fuzzy in talking about whether or not strange filesystems constitute enough of a secret for them to be called encryption, however encodings such as ASCII, Unicode, Huffman codes, etc. are not encryption by either the popular or the cryptographic definitions.

    3. Re:Guilty until proven innocent by javaman235 · · Score: 4, Insightful

      technically speaking all data is "encrypted", it's the strength of the encryption that varies.

      Really good point. Any compression system might be viewed as encryption if you don't know how to decompress it.

      I actually had to throw together an encryption system today to store some archival material online. I wrote a one time pad in python where my pad was just a jpeg of a mountain I had lying around. I contend that my ciphertext is art, a picture of a mountain combined with some literature. Who's to say it isn't?

      When it gets to he point where you can blame other people for your inability to understand what they are saying when they weren't speaking to you, the deaf and mentally disabled will rule the world.

      --
      -The art of programming is the pursuit of absolute simplicity.
    4. Re:Guilty until proven innocent by Anthony+Baby · · Score: 1

      "Are we to assume that if forensics can't understand it then it is automatically incriminating?" That would seem to be the logic. This can lead to some scary scenarios. The grandparent posed the question about using a rare filesystem. How about using a file format that isn't rare in itself, but just uncommon to the forensics analyst's computer platform? If all my home videos and audio recordings are Matroskas and Apple Lossless's as opposed to being WMVs and MP3s, is it incriminating? Damn, better convert those .IFFs I've been storing. Seems a bit silly though. At some point forensics has to go back and say they found data which they do not understand, and then law enforcement can ask the suspect to cooperate and reveal what that data is; and if the suspect has nothing to hide, he will gladly do his patriotic duty and explain that data regardless of how embarrassing and unrelated it is to the investigation. If he refuses, then he has something to hide and floats on water; therefore he is a witch.

    5. Re:Guilty until proven innocent by TapeCutter · · Score: 1

      "Now you can get pretty fuzzy in talking about whether or not strange filesystems constitute enough of a secret for them to be called encryption"

      Exactly what I was alluding to allthough I concede the "all" part was over the top ( made a nice headline though :)

      I have held a tradition style CS degree with a major in operations research since 91', the rest of your post is spot on.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    6. Re:Guilty until proven innocent by TapeCutter · · Score: 1

      "When it gets to he point where you can blame other people for your inability to understand what they are saying when they weren't speaking to you, the deaf and mentally disabled will rule the world."

      That has got to be one of the funniest replies I've ever had!

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    7. Re:Guilty until proven innocent by init100 · · Score: 1

      I wrote a one time pad in python where my pad was just a jpeg of a mountain I had lying around.

      That's not a one-time pad. OTP requires truly random pad material, and the pad material can only be used once.

    8. Re:Guilty until proven innocent by TapeCutter · · Score: 1

      "Seems a bit silly though."

      I agree, seems you hear a lot about what could happen, but what are the actual result if you look back a year later?

      me: *Puts on tinfoil hat with built in "think bubble" generator...* - "OMG I have to burn the super 8 films of my kids as toddlers!"

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    9. Re:Guilty until proven innocent by KDR_11k · · Score: 1

      When it gets to he point where you can blame other people for your inability to understand what they are saying when they weren't speaking to you, the deaf and mentally disabled will rule the world.

      Let's just preemptively burn all books since people who read them may scare the dumb ones.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    10. Re:Guilty until proven innocent by dhasenan · · Score: 4, Informative

      These people are selling products and services to prosecutors. Defense attorneys only need to be aware of flaws in forensics software and practices that can result in false positives.

      Pleading the fifth in front of a jury when you're the defendant is tantamount to an admission of guilt. But there was an encryption/steganography system called Rubberhose ( http://iq.org/~proff/rubberhose.org/ ) that allowed you to create an arbitrary number of encrypted volumes in one disk segment, where each volume took up a random sequence of blocks. You could have four or five encrypted volumes, one of which contained the incriminating material and the rest of which contained plausibly embarrassing and private material. Then you can comply; nobody can prove that you haven't decrypted everything, since the entire disk segment is filled with random-seeming data.

      TrueCrypt does almost as well as Rubberhose, and it's maintained. It allows you to create nested encrypted volumes, but defaults to two volumes deep, and I'm not sure whether it supports any more than that.

    11. Re:Guilty until proven innocent by maxume · · Score: 1

      Why not just use TrueCrypt or whatever? You can even use whatever you want as a keyfile. Bespoke encryption is not your friend.

      --
      Nerd rage is the funniest rage.
    12. Re:Guilty until proven innocent by usrusr · · Score: 1

      what country are you living in, that letting down your pants is a "patriotic duty"?

      ok, you totally got me there, didn't see the irony until the float-on-water thing :)

      --
      [i have an opinion and i am not afraid to use it]
    13. Re:Guilty until proven innocent by NoOneInParticular · · Score: 2, Interesting

      A jpeg is a compressed file. In order to compress it all redundancy needs to be removed. When all redundancy is removed, the bitstream is for all practical purposes random. When it is random it can be used as a one-time-pad. Notwithstanding the fact that you would need a quantum source for a truly random pad, I dare you to propose a method that will defeat this approach reliably.

    14. Re:Guilty until proven innocent by Anonymous Coward · · Score: 0

      Parent: technically speaking all data is "encrypted",

      Me: No. It's not. There's a difference between encrypting and encoding. Look them up.

    15. Re:Guilty until proven innocent by CastrTroy · · Score: 1

      But the article was talking about "cloaking" of data. So if I stored my documents in some esoteric word processor format (wordstar?), and then obfuscated it more by using some weird compression format than almost nobody uses like Ark or something, then would that be sufficient to call it cloaking? It would stop most people from reading the files, so it could be argued that it was cloaking.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    16. Re:Guilty until proven innocent by CastrTroy · · Score: 2, Insightful

      However, if they're using rubber hose cryptanalysis to get the information out of you, don't expect them to stop when they've found the embarrassing data. Once they find that, they'll probably continue until they find the stuff they were really looking for.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    17. Re:Guilty until proven innocent by Sancho · · Score: 1
      But the poster to whom I replied said:

      technically speaking all data is "encrypted" .

      That said, in response to your post, it's simply too difficult to describe the difference between using esoteric utilities which have the appearance of cloaking, and cloaking itself. The article actually describes ways to booby-trap your hard drive in case forensics software starts looking at it. That goes beyond cloaking--it's a pretty active attack on forensics methods. Finding such an attack, which by its nature must be targetted at specific software, gives a strong indication that someone was intentionally trying to thwart forensics, whereas using some odd compression software (or perhaps your own compression software) really doesn't.
    18. Re:Guilty until proven innocent by buswolley · · Score: 1

      NO. The key converts it from Mandarin to English, a translator if you will. The data isn't "recovered"... its all there, but in a different language.

      --

      A Good Troll is better than a Bad Human.

    19. Re:Guilty until proven innocent by CastrTroy · · Score: 1

      They created a loop in the NTFS file system. To me, this sounds just like creating a hardlink from a lower level directory up to one of it's parent/grandparent directories. A stupid searching algorithm would just follow the links indefinitely, but it would be pretty trivial to program something that wouldn't follow these kinds of links. Maybe It's just done to make it easier to navigate the terrible windows file system. If you have a folder located at /documents and setting/UserName/My Documents/Projects/Work/Project A/Documentation/Images, and you want to create an easy way to jump from there up to the "My Documents" folder, you could just create a folder that loops back up to the top. Just because you create a loop, doesn't mean you did it to hide something.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    20. Re:Guilty until proven innocent by Sancho · · Score: 1

      I didn't see that anywhere in the article, so I can't really comment on it. If that's the 'attack' they were complaining about, though, it's definitely pretty lame.

    21. Re:Guilty until proven innocent by Sancho · · Score: 1

      NO. Language isn't a one-to-one, and your so-called 'key' is open to anyone who wants to read a book on English to Chinese translations. A real key, one which is used in encryption, is intended to be kept a secret.

    22. Re:Guilty until proven innocent by Anonymous Coward · · Score: 1, Funny

      Pleading the fifth in front of a jury when you're the defendant is tantamount to an admission of guilt.

      Heh, glad you're not my lawyer. :)

    23. Re:Guilty until proven innocent by Ernesto+Alvarez · · Score: 1
      No it's not.
      To make a OTP you need a truly random pad, and you must use it only once.

      A property of the OTP is that every possible plaintext has exactly the same probability of being the decryption of your ciphertext. That requires a random pad.

      Your system is not a OTP simply because I can bruteforce your system by trying every jpeg image of a mountain. That property proves your system is not an OTP.

      In fact, you could have used the output of a cryptographically secure pseudo random number generator and it would have not been a one time pad.

      All of this even without considering what happens when you have more data bits to encrypt than pad bits, I bet you just repeat the pad, a big NO-NO when doing OTP. If that's the case, it would just be a vernam cipher.

      Notwithstanding the fact that you would need a quantum source for a truly random pad


      And that's precisely why almost nobody uses a OTP these days. Anyway, you could build your own source if you really wanted.

      Why make your own cipher when AES is secure, fast and readily available anyway? Better use a reasonably secure algorithm than deceive yourself into thinking that you are using the best one (in theory).
    24. Re:Guilty until proven innocent by CastrTroy · · Score: 1

      When talking about users creating loops in NTFS directories to hide data
      I didn't even read the article (this is slashdot), but I read the above in the summary.
      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    25. Re:Guilty until proven innocent by TapeCutter · · Score: 1

      "To make a OTP you need a truly random pad"

      Since it's a tad unusual to have a radio-active source lying around please point out why his simple but effective implementation would NEED a "trully random pad" other than to satisfy a highly pedantic definition of OTP.

      "and you must use it only once."

      I can't see where the OP says how many times he used it, can you?

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    26. Re:Guilty until proven innocent by Iron+Condor · · Score: 1

      Since it's a tad unusual to have a radio-active source

      Where do people get this nonsense about radioactive sources and quantum-gizmos and whatnot? Your soundcard has a noise-generator - that's just a glorified resistor with a big honking amplifier attached to it to amplify the hell out of thermal noise. Read it out and you get true random numbers. I've been doing this since the old Atari800 and I keep being baffled by so-called "Computer Scientists" who insist that you need some kind of specialized hardware in order to produce real randomness with a computer...

      --
      We're all born with nothing.
      If you die in debt, you're ahead.
    27. Re:Guilty until proven innocent by TapeCutter · · Score: 1

      My point (and I belive the GP's) is that it was a "quick OTP hack", building/obtaining/programming a device (specialized or otherwise) to generate white noise and convert into a digital form to obtain the random stream is not what I would call a "quick OTP hack".

      "I keep being baffled by so-called "Computer Scientists"

      Most people do :)

      If you would like to be less "baffled" I respectfully suggest that you dampen your pedantic volume and listen to the quiet pragmatisim in the GP's OP.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    28. Re:Guilty until proven innocent by javaman235 · · Score: 1

      My pad was used only once, the archive was smaller than the image. I don't know much about jpeg compression, but there was a lot of white in the image from snow, so its probably not perfect as far as randomness. But the archival material wasn't that important, it was just a quick hack because I had nothing else handy.

      --
      -The art of programming is the pursuit of absolute simplicity.
    29. Re:Guilty until proven innocent by TapeCutter · · Score: 1

      "When all redundancy is removed, the bitstream is for all practical purposes random.....I dare you to propose a method that will defeat this approach reliably"

      I think your reasoning is sound and the "art" bit is a nice touch, lets wait and see if he answers your dare with something more substantial than nitpicks. ;)

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    30. Re:Guilty until proven innocent by Sancho · · Score: 1

      Yeah, in this case, the article didn't seem to have much connection to the summary at all.

  74. Re:Welcome to 1776 by HeroreV · · Score: 1

    Is this some steganography? I feel like there's a hidden message somewhere in there.

  75. solution by Anonymous Coward · · Score: 0

    If you are a tech support contractor or if you specify systems or if you have any influence on people who set up systems, configure computers, write software... , then spread the word: encrypting or 'cloaking' your data, or whatever you can do to hide it, is an extra layer of safety from the bad guys. If 'your grandma' and all her friends use this technology, etc., it gets harder to say that people who want control of their own private information are de facto criminals.

    I so love quotes. and I so didn't read the article. I hope that doesn't make this post more moronic than it already is.

  76. I tested the waters once.... by Anonymous Coward · · Score: 0

    I tested the waters once... I created a file called info.doc -- a few kilobytes of completely random data.
    I put that file into a ZIP file with a 16+ character password.
    And put that ZIP file into a ZIP file with a different 16+ character password.
    And put that ZIP file into a ZIP file with a different 16+ character password.
    That seemed enough -- and I sent it through my work e-mail to my gmail account.
    I kinda wondered what would happen if they couldn't see the data inside my attachment.

    And the consequences? Turned out nothing happened. But, now I can move data with 1000x the effort of a thumb drive.
    Brilliant!

  77. no problem by kardar · · Score: 0

    you can have all the secrets you want

    they'll show up even when you don't want them to (your own from you, that is)

    it's all one big secret, isn't it?

    Nothing to be afraid of.

    Theoretically, anything can be anything.

    But that doesn't mean anything.

    Worry about it, and someone somewhere is going to acquire something they value.

    Realize it or not, there are people out there who get off in getting you to worry about stuff. As in...

    Life is short. Death is certain. You probably don't have as long as you think you might.

    There are people out there who want you to worry about stuff. It's "in style" to worry about stuff.

    Perhaps in some alternate universe there will be a law passed that makes it a felony to encrypt BT traffic.

    Who cares? It's an alternate universe.

  78. ZFS may not be as rare as you think by IvyKing · · Score: 1
    I was rather amused to read that one of the forensic applications understood Solaris UFS, so wouldn't be surprised if that same app has been updated to support ZFS. The investigator would have to be careful to ascertain if the ZFS disks were set up as a RAIDZ pool.


    OTOH, you might have some fun with a CP/M formatted disk - say an 8" or 14" disk from the 1980's with some rare interface.

  79. Reallity by nbucking · · Score: 1

    Witholding evidence has always been a sketchy. But there should be a warrant in order for it to be considered a crime. Just because it is digital, it still has the value of any other physical evidence. So why is this news? Isn't this issue closed? I mean if the court asks you for evidence, you give them evidence. Simple. You are innocent till proven guilty.

  80. It works like this... by ignavus · · Score: 4, Funny

    It works like this...

    The government, being a public institution, has to keep everything it does private. That's why you are not allowed to see their secret files.

    But a citizen, being a private individual, has to keep everything they do public. That's why the government must be able to see your secret files.

    Got it?

    --
    I am anarch of all I survey.
  81. An example by cdrguru · · Score: 1

    Today, the most common "cybercrime" is child pornography. It consumes the time of vast number of forensic professionals.

    One of the most common excuses is "Oh, I don't know how THAT got there." The incredibly stupid have their collection in a folder called "Kiddy Porn". One step above that would be people with it "hidden" somehow. Immediately upon finding something hidden the excuse about not knowing it was there - downloaded by some mysterous popup, for example - goes out the window.

    In this way, having hidden information on your hard drive is extremely significant. Because it shows intent.

    1. Re:An example by makomk · · Score: 1

      Of course, an effective and hard-to-trace way to distribute (say) child porn is to hack a few poorly-protected machines and hide a folder of child porn and a webserver serving it up on a non-standard port.

  82. Re:Ron Paul? Yeah Right. by wordsnyc · · Score: 2, Informative

    The cross-burning thing, I would say, is the least of the problems with Paul. There's a legitimate argument over protected speech there (not that Paul doesn't have a rich record of being a racist asshole).

    But, more importantly, Paul has a long history of aligning himself with neo-fascist, white supremacist and Christian Reconstructionist groups. This man wants a fundamentalist, Taliban-esque theocracy run by white men. None for me, thanks.

    --
    Sent from the iPad I found in your car.
  83. I got two words for you... by jthill · · Score: 1

    prosecutor is pretty much fscked if he thinks a jury (dumb as they may be) is going to buy any counter-argument to even a halfway cogent alibi

    And they are "Julie" and "Amero".

    --
    As always, all IMO. Insert "I think" everywhere grammatically possible.
  84. Article has nothing to do with headline or heading by Anonymous Coward · · Score: 0

    Folks the article has nothing to do with either the heading or the description.
    The quote from McGill does not even appear..
    somebody's got their wires crossed I think

  85. Re:Ron Paul? Yeah Right. by Hal_Porter · · Score: 1

    "Cross burning could be a crime if they were violating somebody's property rights,'' he said during his campaign. But if you go out on your farm some place and it's on your property and you put two sticks together and you burn it, I am not going to send in the federal police."

    You realise that "I am not going to send in the Federal Police" is not the same as agreeing with someone right? There are lots of things that I personally don't agree with like hate speech that I don't believe should be criminalised. Ron Paul is a libertarian, and he's trying to find ways to shrink the Federal Government. I disagree with him and libertarians in general on a lot of things but it is good to see Republicans questioning the sacred truths of US politics. And it's frankly sad that people are dumb enough to regard questions like this as being some sort of exam question where candidates are marked up for parroting conventional wisdom and penalized for questioning it.

    * free speech ends when it's purpose is to terrorize others.

    I'd say it ends when it becomes incitement. Criticizing a group should be legal, calling for people to kill members of that group should be illegal. A jury should decide whether hate speech crosses the line into incitement.

    But the act of burning a cross or a flag is not in itself incitement. And provided extremist groups avoid incitement they should not be criminalized.

    --
    echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
  86. You mean like door locks... by msimm · · Score: 1

    Or fire-safes? Minnesota is obviously confused about where to draw the line between a committed act of crime and personal protection. I for one welcome your new completely open society (I promise not to steal anything while I visit!).

    Oh, what's that you say? This only applies to data stored digitally on my computer? Because it's somehow different then me locking up my financial records and other personal effects?

    Idiots. Encryption is a locking system. Like a padlock, a dead-bolt, a keyed car door, ignition switch, safe. If they can't see that the poor fools should try living without locks for a few weeks to show they themselves don't have criminal intent.

    --
    Quack, quack.
  87. Re:Welcome to 1776 by Mr.+Shotgun · · Score: 1

    Fascist USA ? ... you don't know the half! Fechin' bif'teks gave up their culture and ALL their powers of self_protection. Simpering after OxBridge faggotry and a smarmy guilt-ridden angst. That's why we threw you out, limeys. Two_hundred years is a long time to take-the-clue. And if you're not careful, when the muzzis come marching north , or the Slavs west -- and come marching again they will -- we'll let them EAT you. nss *****
    ...I like big sausage? Freaking hell it's another Jimmy Dean ad. I swear they are getting more and more annoying every time.
    --
    Of all tyrannies, a tyranny sincerely exercised for the (supposed) good of its victims may be the most oppressive
  88. Not quite as sinister... by blueg3 · · Score: 1

    as represented in most comments. There's a significant difference between actions that are generally useful and can also be used to hide information. There are a ton of those. Even if there is systematic behavior indicating those methods are applied only to a small set of information, that is not significant enough to claim that information is related to illegal activity.

    Separate from this is those acts that *are not* generally useful, do not come about unintentionally, and serve to hide information. They are not evidence of illegal activity by themselves, but they do raise the awareness that you are intentionally hiding information under the assumption someone will try to find it, which may be very relevant if that data is later found to be involved in illegal activity. Creating a loop in an NTFS file system is designed to prevent a specific product from analyzing your hard drive. It is not necessarily very useful in, say, preventing a thief from accessing your data (which encryption does). As such, it's one piece (out of many necessary) of evidence that might be useful.

    This kind of extra forensic data is particularly useful because, depending on the situation, you can claim in court you are not liable for data found on your hard drive. I had no idea those files contained child porn! But your willful obfuscation suggests otherwise.

  89. Civil Disobwhatnow? by Adambomb · · Score: 1

    Nun! V nz n gubhtug-pevzvany!

    --
    Ice Cream has no bones.
  90. Re:You Don't Even Have to Actually Cloak Any Data. by Torodung · · Score: 1

    So, according to the morons on that court, even if you haven't actually encrypted any data, the fact that you had the tools to encrypt data was enough to judge criminal intent, sort of like possession of burglary tools. Which is really odd, because Windows XP Professional has a "encrypt contents to secure data" check box that you can tick off on the "Advanced Attributes" dialogue of any folder. It's built into the OS.

    Did anyone point that out to the court?

    --
    Toro
  91. Re:You Don't Even Have to Actually Cloak Any Data. by jimicus · · Score: 1

    You don't even need Office. How do you think a web browser gets your details across to a shopping site in a secure manner - magic fairy dust?

  92. Copyright all your data now. by Torodung · · Score: 2, Interesting

    intentional data cloaking provides incriminating evidence, even if the perpetrator is successful in cloaking the data itself. That sounds very much like the DMCA prohibition against DRM circumvention methods, with one very important difference: your data is yours, and what you do with it is your business. In the DMCA, circumvention utilities are suspect because they can only be used to take the locks off someone else's data. In this case, Mr. Gill is arguing that you aren't allowed to circumvent his software, and doing so is suspect, if not criminal.

    I wonder if he realizes that if a person has data to which he holds copyright on his hard disks, and then hides it, Gill's recovery software is then in violation of the DMCA anti-circumvention clause? His software is DMCA Grade-A illegal if anyone stores anything, no matter how trivial, that is his own copyright, is legal, and is deliberately hidden from this program.

    Anyone with a legal background want to send this guy a "cease and desist" letter? }:^>

    --
    Toro
    (c) 2007 *all rights reserved*
  93. Link to the privacy debate.. by AltEnergy_try_Sunrei · · Score: 1

    Eventhough there is no reason government should pry into your personal data, you should have nothing to hide from the law. Q: Exactly what incriminating evidence does that (cloaking) provide? A: Evidence of obstruction of justice.

  94. Of course you can jail a whole country by Anonymous Coward · · Score: 0

    You just convince everyone that "teh terrorists are gonna take away their freedoms". Then sit back, emit the occasional edict, and keep scaring them until the whole country has become its own jailers.

  95. What did you guys think Vista was really about? by Anonymous Coward · · Score: 0

    Have you guys looked into windows Vista? well i find so many processes running that pretty much a fed would have a cake walk on to track your activity.

    try to turn the programs running off, i guarantee you will have some quirk or problem that makes you reboot and the program is fired right back up.
    Vista is now being called the best forensics tool there is by lawyers.

    TSS

  96. Re:You Don't Even Have to Actually Cloak Any Data. by SwashbucklingCowboy · · Score: 1

    It seems to be me he would have been convicted regardless of the PGP's presence on his hard drive.
    Perhaps he would have, but it's irrelevant to the subject at hand.
  97. Guantanamo Normalization Unit (GNU) by houghi · · Score: 1

    koewh jksda 9vhs5 slc72 jd7dg 23d7d
    djsdf 8sjsd fkask afjka dkadu iai4a
    21390 djd89 23hj2 89dsj ksd78 uioq3
    sd789 sdnmw e4jks d78sd n3jkl asdvn
    sdf89 sdjw3 4mlwe 9sdal loi8g jfi78
    sd89s djk33 89f78 wem1- 0vcjd 00+++

    aldqq://8aha8.sw8qw.as-z9 00+++

    --
    Don't fight for your country, if your country does not fight for you.
  98. Pants by deathjestr · · Score: 1

    "The purposeful hiding of data by the subject of an investigation is in itself important evidence and there are many scenarios where intentional data cloaking provides incriminating evidence, even if the perpetrator is successful in cloaking the data itself."

    Yes of course because if you're hiding something - anything, even something unrelated to the crime that you're being tried for - then that suggests that you're guilty.

    If you wear pants on a hot day then you're doing it to hide something. Yet I don't think anyone would suggest that your decision to wear pants should be used as evidence to convict you of a crime.

  99. Probable Cause: by DeanFox · · Score: 1


    I was watching one of those cops TV shows. The police were following a car they wanted to search but the driver wasn't breaking traffic laws. As they pulled the man over I heard one of the cops say "He has a cracked windshield, that gives us probable cause."

    I thought probable cause of what? A drug dealer? A criminal? Every computer on this planet has encryption tools on it. Mine does.

    My Grandmother used to pray that an illness would not deplete her retirement savings. My generation needs to pray that they stay under the State's radar. I've also added to my prayers I be called to sit on as many juries as possible. It's one of the few ways I have to give insert some sanity back into the community I live in.

  100. Can't prove hidden partition doesn't/does exist by KWTm · · Score: 4, Interesting

    It could be presumed that you chose that software specifically for the well-known "hidden partition" option (police departments hire geeks too, you know). As such, prove that the incriminating evidence ISN'T locked away in the hidden partition and that you're not refusing to comply with the warrent.

    The point of a hidden partition is that you can't prove it either way, unless you actually unlock it with the key. So, without the key, I could say, "Yes, there's a hidden partition within this conventional TrueCrypt partition, but I'm not giving you the key!" or I could say, "No, there's no hidden partition," and you wouldn't be able to tell either way.
    So, then, you *could* presume that there is a hidden partition --but then that would be on the same order as just presuming that I have something to hide just because I'm using TrueCrypt in the first place. If I don't actually have a hidden partition, and you go looking for one, you're going to spend a pretty long time looking. There's nothing more frustrating than looking for something to prove that it doesn't exist (bug-checking programming sessions, anyone?).
    As a matter of course, I do set up TrueCrypt volumes at standard sizes that happen to be much bigger than I need --my usual is 680MB so I can burn the whole thing to a CD. I think all my financial files add up to about 100MB within the 680MB TrueCrypt volume. If you want to go looking in the remaining 580MB for some incriminating evidence --hey, knock yourself out.
    --
    404555974007725459910684486621289147856453481154 in hex is "You sank my Battleship?"
    [GPG key in journal]
    1. Re:Can't prove hidden partition doesn't/does exist by sasdrtx · · Score: 1

      Just be sure you can deal with losing the data. If they format your normal TC volume, then the hidden volume is destroyed. If you can't live with that, then they have you by the balls.

      --
      Most people don't even think inside the box.
    2. Re:Can't prove hidden partition doesn't/does exist by Anonymous Coward · · Score: 0

      He just said he doesn't have any hidden volume. Why do you feel the need to point out the obvious?

    3. Re:Can't prove hidden partition doesn't/does exist by jackbird · · Score: 1

      If they format your original hard disk, it sort of screws the chain of custody. Forensic work is done on bitwise copies of the drive.

  101. Social engineering by smchris · · Score: 1

    Citizen, don't get caught looking suspicious.

    Seriously, folks, we don't have habeas corpus anymore. So it's not hard to see an FBI agent say, "Don't want to incriminate yourself? Maybe turning you over to military authorities for an indeterminate stay in Gitmo until we have the time to get around to analyzing your machine could change your mind, ummmm?"

  102. Trick the police into destroying the only key by mdmkolbe · · Score: 1

    Encrypt the hard drive with a nice long, randomly generated key. Never look at the key or store it anywhere except RAM. When the police confiscate your computer, they unplug it and destroy the only copy of the key. "Sorry, your honor, I can't produce the key because the police destroyed it."

    How would this play out in law? Could get prosecuted for destruction of evidence?

    As stated this scheme has a number of flaws so feel free to refine it. For one, you would want a UPS to protect against data loss due to power outages. For another, it lacks in the plausible deniability area (e.g. "Your honor, I didn't expect the police to unplug-my-machine/open-the-case/etc. so I didn't warn them not to do that.").

  103. Re:Ron Paul? Yeah Right. by Anonymous Coward · · Score: 0

    Dear numbnuts:
    Burning a cross is not the same as "burning two sticks". It's a symbolic gesture that has the purpose of trying to instill fear into another human being. It is an act that's purpose is to serve a warning to blacks: get in line, you are hated because of your skin color.

    So fuck off with your notion that someone is against the mere burning of sticks.

  104. Why not...? by Anonymous Coward · · Score: 0

    Encrypt and plead the fifth!

  105. You'd have to be pretty stupid by benhocking · · Score: 1

    To fall for+++ATH NO CARRIER

    --
    Ben Hocking
    Need a professional organizer?
  106. Re:Ron Paul? Yeah Right. by evought · · Score: 1

    Yeah, let's vote for the guy who believes that cross-burning is free speech* and that there shouldn't be a separation from church and state: "Cross burning could be a crime if they were violating somebody's property rights,'' he said during his campaign. But if you go out on your farm some place and it's on your property and you put two sticks together and you burn it, I am not going to send in the federal police."

    In some sense, he is (or could be) correct here. While I in no way support cross burning and personally believe it crosses the line on free speech, Ron Paul's position is valid. Other expressions of free speech fall in various places on this gray belt, including flag burning, hanging the flag upside down, beneath other flags, flying the Southern Cross (which is not, incidentally, the "Confederate Flag", that is the "Stars and Bars," but it ended up being confusing on the battlefield), and a whole host of expressions of protest, or simply of opposing tradition. Drawing a line is not easy. As an example, the Southern Cross was displayed by someone in my school (a long time ago) in their dorm room. They had ancestors who died at Gettysburg. A black student was "terrorized" by this, and it erupted into a school-wide conflict. Do the emotions of the viewer trump those of the displayer? How about the swastika which is an ancient symbol of Jainism?

    I think it is unequivocal, however, that once they cross the line from expression to action, or to specific or generalized threat of harm, that all of the force of the state come down on them.

    "The notion of a rigid separation between church and state has no basis in either the text of the Constitution or the writings of our Founding Fathers. On the contrary, our Founders' political views were strongly informed by their religious beliefs. Certainly the drafters of the Declaration of Independence and the Constitution, both replete with references to God, would be aghast at the federal government's hostility to religion. The establishment clause of the First Amendment was simply intended to forbid the creation of an official state church like the Church of England, not to drive religion out of public life."

    This is also arguably correct. The founding fathers littered the government process with Christian rhetoric and apparently thought nothing wrong with it ("God save the United States and this Honorable Court!"). The oath on the Bible in court is also traditional. This has come up in discussion before the Supreme Court justices on several occasions. There *is* no basis in founding works for that rigid separation. This is a separate issue from whether their *should* be such a separation. Even if we presumed that the country were entirely Christian (which it clearly is not), the extremes of belief and morality within just this one religion would argue for strong protections against persecution on the basis of religion. Establishing religious practice within the government de facto persecutes by making people of other religious stripes (or none) uncomfortable about participating in procedures or expressing different traditions, and this is the tack the Supreme Court has largely taken, except to preserve a small number of specific long standing traditions. This, however, is a development from the Constitution, not a strict adherence to it.

    Great candidate you have there.

    Personally, I don't know what candidate I endorse at the moment. All candidates have serious flaws. Their beliefs are not the problem per se, but their integrity and the degree to which they feel the need to impose those beliefs on others. That is the serious flaw with Bush II. He not only has strong beliefs, but accepts no others and any such professed beliefs are traitorous. Many of Ron Paul's Constitutional beliefs are a breath of fresh air after over a century of extreme federalism. Others are borderline but defensi

  107. My advice would be, by Anonymous Coward · · Score: 0

    That sounds very much like the DMCA prohibition against DRM circumvention methods, with one very important difference: your data is yours, and what you do with it is your business. In the DMCA, circumvention utilities are suspect because they can only be used to take the locks off someone else's data. In this case, Mr. Gill is arguing that you aren't allowed to circumvent his software, and doing so is suspect, if not criminal.

    I wonder if he realizes that if a person has data to which he holds copyright on his hard disks, and then hides it, Gill's recovery software is then in violation of the DMCA anti-circumvention clause? His software is DMCA Grade-A illegal if anyone stores anything, no matter how trivial, that is his own copyright, is legal, and is deliberately hidden from this program.

    Anyone with a legal background want to send this guy a "cease and desist" letter? }:^>

    --
    Anonymous Coward of Slashdot
    (c) 2007 *all rights reserved*

  108. What about steganography? by Opportunist · · Score: 1

    What if the encrypted content isn't "there"? If all you find is a few gigabyte of porn (the legal kind)? Yes, those pictures contain the private data someone might be hiding, but can you see that? With good steganography, nobody even sees that there is encrypted data.

    The only goal achived that way is that someone who really has some criminal activity going, will start using better encryption. If it's forbidden to hide something, people will just start finding better ways to hide their stuff.

    Laws aren't self serving. And they don't change anything in the long run. When you start creating laws that are supposed to make it easier for law enforcement, you make it actually harder. In this case, people will not only encrypt their data, but they will start hiding it too. Until now, you just had to crack the encryption, now you'll also have to search for the encrypted data first. It only adds another layer of work for you as the forensic reverse engineer.

    What our lawmakers fail to realize is that people react to laws. They don't simply start abiding to them just because they exist. If they ignored and circumvented them before, they will continue to do so, if that means more work, so be it.

    What's worse is that the border between criminals and law-abiding citizens is blurring. We get more and more laws that invade our privacy. And, dammit, I insist in mine. Yes, even and especially against the government, who I do not trust to put my interests above those of the various industries bribing it. If that makes me a criminal, so be it.

    And behold, another criminal more in the world. Created by law.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  109. Re:You Don't Even Have to Actually Cloak Any Data. by vdammer · · Score: 1

    Your honor, do you own a computer? Have you ever used that computer to view content on the Internet? The software you used to access the Internet contains encryption software. Criminal intent! Take him away!

  110. Re:Ron Paul? Yeah Right. by Khaed · · Score: 1

    I don't support Ron Paul, or like him, despite leaning towards libertarianism... yet: make with the links, please. No offense, I'm just not about to take someone's word on /.

  111. More steganography ahead by mbarulli · · Score: 1
    In the US the fifth amendment, which is part of the Bill of Rights, asserts:

    No person [...] shall be compelled in any criminal case to be a witness against himself. The Italian law has a very similar provision, the "nemo tenetur se detegere" principle. It states that a person under investigation can refuse to make declarations.
    But what if the encrypted files are disguised as innocent family pictures?
    No police or judge can request a key if they don't know or cannot reasonably prove that a key exists. It's easy to imagine a mass adoption of steganographic tools where secret documents and communications are hidden inside irreproachable pictures. Similarly, tools like TrueCrypt can conceal encrypted material in a way that prevent its detection.
    More on this issue in this post: More steganography ahead on the Clipperz online password manager blog.
  112. IIRC, the bugtraq post said... by jnf · · Score: 1

    IIRC, the bugtraq post said something slightly different. They said something along the lines of 'under certain circumstances the mere cloaking of data may be incriminating [...]', which makes sense when taken out of the context of a criminal investigation. For instance, if your employer gets a tip that you're looking at porn all day and then when looking at your application they find a loop that they can't search, that may be enough for them (and they're not bound by the same rules as LEO). I *think* that's what they were trying to say.

    Either way, the more absurd point is that they expect the forensics examiner to detect this manually, which brings into question why you'd be using their software in the first place. Overall their response was pretty damn lame.

  113. Re:Ron Paul? Yeah Right. by BalanceOfJudgement · · Score: 1

    There is some benefit to having hate speech in the open. When it is in broad daylight, you can see who is involved, and they are more likely to get cocky and cross the line. Otherwise they go underground and become subversive. This is not a good situation. Wackos speaking in broad daylight look like wackos. Wackos driven underground look like 'rebels' and gain support.

    To me, that is so intuitive that it is blindingly obvious, and I have often wondered why governments don't understand that. There is little to be gained by playing a cat-and-mouse game of "who can beat who next" in terms of who gets disappeared versus who the next big leader of the 'rebels' is. Let the public decide how wacko those people are. In 99.9999% of cases the public will deal with the wackos; in the tiny percentage where those wackos may have a point, the society gains something. And in neither case is the society itself ever in any real danger.

    But then, we've long since know that logic and reason have little to do with why anyone does anything...
    --

    We are the fire that lights our world.. and we are the fire that consumes it.
  114. Re:So if I... by BalanceOfJudgement · · Score: 1

    If I whisper something to someone, wouldn't that give them probable cause to suspect I'm doing something that's illegal?

    Crap. So now picking up a woman by whispering sweet nothings in her ear is a crime.

    Well here are my wrists, haul me to jail!
    --

    We are the fire that lights our world.. and we are the fire that consumes it.
  115. Re:Ron Paul? Yeah Right. by Khaed · · Score: 1

    Perhaps, but if it happens on your property, then it's YOUR business, just as burning the flag is. This is a pretty simple metric.

    If I burn a cross in my back yard, unless there is a burn ban in effect for dry weather, then it's my business. That simple.

    that said, if someone does it in someone ELSE'S yard? Throw them in jail and throw the book at them.

  116. In other news by obeythefist · · Score: 1

    Opaque housecurtains have been ruled unlawful evidence of hidden crime. Police will no longer require a warrant to break into any premises with opaque curtains, blinds or heavily tinted windows. Occupants will be arrested and charged immediately.

    What's next? Opaque clothes potentially hiding drugs, weapons?

    Because only criminals desire privacy.

    --
    I am government man, come from the government. The government has sent me. -- G.I.R.
  117. True Crypt.... by RationalRoot · · Score: 1

    So if I have true crypt installed on my disk.... TrueCrypt has the facility to store encrypted data on the disk, such that if you do not have a password, you cannot even confirm that any data exists. If you use the disk without the password, you can accidently overwrite the encrypted data - it is not part of any file, there is no "reserved" space. When you put in a password, truecrypt can find the data and your access to the disk is handled properly. Then since there could be data encrypted on the disk, they can imply that there is. I downloaded TC out of interest. Having a laptop I would use it if there were anything more important on the laptop than holiday snaps, but does it mean I have nothing to hide. PS TC can layer, one password gives access to baby pics, another gives access to ??Whatever?? You must do backups as working on the machine without the passwords will overwrite your data.

    --
    http://davesboat.blogspot.com/
  118. Risky by Slashdot+Parent · · Score: 1

    As a matter of course, I do set up TrueCrypt volumes at standard sizes that happen to be much bigger than I need --my usual is 680MB so I can burn the whole thing to a CD. I think all my financial files add up to about 100MB within the 680MB TrueCrypt volume. Don't you think that's a little risky?

    "Them": Reveal the key to your encrypted filesystem.
    You: Ok, here it is.
    "Them": I see you are only using less than 20% of the filesystem. Give us the key to your hidden partition.
    You: There is no hidden partition.
    "Them": I'm going to apply forcefully a rubber hose to your feet over and over again until you reveal the key.
    --
    They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
  119. Re:Ron Paul? Yeah Right. by SonicSpike · · Score: 1

    And exactly where do you see this written down? Can you prove these allegations? Or do you actually have a clue about what you are discussing?

    --
    Libertas in infinitum