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US Policy Would Allow Government Access to Any Email

An anonymous reader writes "National Intelligence Director Mike McConnell is currently helping to draft a new Cyber-Security Policy that could make the debate over warrantless wiretaps seem like a petty squabble. The new policy would allow the government to access to the content of any email, file transfer, or web search."

20 of 516 comments (clear)

  1. Really? by Anonymous Coward · · Score: 5, Insightful

    And what is it going to do about my encryption keys?

    Not that I support this, but I sure as hell don't intend to make it easy for people to invade my privacy when I'm not doing anything illegal.

    1. Re:Really? by gnick · · Score: 5, Interesting

      And what is it going to do about my encryption keys? If things go really badly, they could pass legislation similar to the UK's that makes it illegal to withhold encryption keys and passwords if you're hit with a warrant. I'm sure if anyone has tried the "I forgot" defense yet.
      --
      He's getting rather old, but he's a good mouse.
    2. Re:Really? by Fulcrum+of+Evil · · Score: 5, Insightful

      I'd just go with the 5th ammendment defense - I don't have to tell you things that could incriminate me.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    3. Re:Really? by Anonymous Coward · · Score: 5, Funny

      your password -which is something absolutly neutral Not necessarily. My password is "I'm planning a massive attack on U.S. soil."
    4. Re:Really? by Firethorn · · Score: 5, Insightful

      You don't have to 'let' them into your home - they need a search warrant for that. Enough evidence and they can even drill the lock and such - you don't have to tell them where your key is.

      Still, as long as the constitution holds out, they can ask you your password and you can plead the fifth.

      --
      I don't read AC A human right
    5. Re:Really? by Shining+Celebi · · Score: 5, Informative

      That said, there are NO sources for this statement. The PDF link gives a 404 and they don't explain what they meant other than using broad terms. It sounds like a lot of FUD without a source to back it up. Does anybody have the PDF? If not then I'd like to see more sources than just an un-signed editorial on Raw Story.

      If you RTFA, it's from The New Yorker. Or, at least it was in TFA when I read it earlier today before Slashdot posted it.

      I'm too lazy to check to see about the link now, but fortunately, since I thought the article interesting, I saved it. So here it is. It's an 18 page PDF, The proposal is mentioned on page 11.

    6. Re:Really? by ecitizen · · Score: 5, Insightful

      As Benjamin Franklin said, "Those who desire to give up freedom in order to gain security will not have, nor do they deserve, either one." In this case, the Supreme Court ruled years ago that privacy is a freedom. If you look at what the FBI did to Martin Luther King years ago in their attempts to discredit him, you'll see what happens when you lose your privacy. If you give government power, eventually, they will abuse it. --E-Citizen

    7. Re:Really? by FrozenGeek · · Score: 5, Interesting

      So, suppose Alice and Bob use asymmetric crypto to encrypt the email (and not just to share a symmetric session key but to actually encrypt the plain text). Yes, I know it's horribly inefficient, but cpu cycles are cheap and most email is only a few KB long, so it's not that horrific a thought. If No Such Agency hassles Alice over an encrypted email she sent to Bob, she says that she used Bob's public key and cannot decrypt it - only Bob can do so. Assuming Bob lives somewhere that No Such Agency can hassle him, he hands them his "private key" that decrypts the email to rubbish and says "Sorry, Alice must have screwed up the encryption". Worst case scenario, both Bob and Alice are screwed. Best case, No Such Agency is very unhappy.

      --
      linquendum tondere
    8. Re:Really? by rtb61 · · Score: 5, Insightful
      What is dangerous about this is, it is not about just email, it is about all you Internet communications. Searching, file download, web sites visited (you download html), so the can create a full, in their interpretation psychological profile of you ie. we think you are guilty hence you are. Want to be a free thinking democratic voter under a republican government, based upon failing a range of pre established filters and data relations, they can ensure you are excluded from society as much as possible, no access to any public transport, no access to any government employment, no access to any 'secure' contracted to government private employment, random destructive searches of your person and property as well as all the members of your family resident at that address.

      Want to try to deny you disagree against government policy, or that you wont vote to keep them in power, or that you don't 100% agree with a corporation that supports the current government and your life and the future of your family will be systemically targeted. Unless you publicly support them and their chosen evangelical religion of power and control, you will become the enemy, and will be accused and judged by the 21st century Internet inquisition and potentially targeted for harsh interogation techniques.

      Don't fit their current preferred 'mold' of what they define to be a good, white, evangelical, american and honestly how well will you and your family fare under the 21st century Internet inquisition. Conspire to be free and believe in democracy and justice and you will learn how easily conspiracy laws can be abused.

      --
      Chaos - everything, everywhere, everywhen
  2. Luddite revolution by ari_j · · Score: 5, Funny

    I guess we'll just have to do this the old-fashioned way. Now accepting (paper) applications for the next Paul Revere.

  3. I got an idea.... by bherman · · Score: 5, Insightful

    When the White House produces their missing emails, we'll produce ours
    That should sufficiently prevent this from becoming law!

    --
    Error: Sig not found.
  4. Sounds like FUD by MobyDisk · · Score: 5, Informative

    This article is entirely speculation. The only source it links to is an article that was not printed, and the link points to a 404 page.

  5. It's in the New Yorker's print edition by Anonymous Coward · · Score: 5, Informative
    As re-reported in Raw Story:

    National Intelligence Director Mike McConnell is drawing up plans for cyberspace spying that would make the current debate on warrantless wiretaps look like a "walk in the park," according to an interview published in the New Yorker's print edition today. ...

    McConnell is developing a Cyber-Security Policy, still in the draft stage, which will closely police Internet activity.

    "Ed Giorgio, who is working with McConnell on the plan, said that would mean giving the government the autority to examine the content of any e-mail, file transfer or Web search," author Lawrence Wright pens.

    "Google has records that could help in a cyber-investigation, he said," Wright adds. "Giorgio warned me, 'We have a saying in this business: 'Privacy and security are a zero-sum game.'"


  6. Re:The Constitution... by timmarhy · · Score: 5, Insightful

    why must we have to justify privacy? it's obvious to anyone that if a letter isn't addressed to you then it's an invasion of privacy regardless of the measures we take to stop you.

    --
    If you mod me down, I will become more powerful than you can imagine....
  7. Re:Diminishing returns by cptdondo · · Score: 5, Insightful

    I think you miss the point. The data will be mined after the fact or to build a case against someone the gov't doesn't like.

    Let's say you do something to piss some mucky-muck off and you get on the monitor list. It's only a matter of time before you mention in passing that you copied a DVD or any other heinous crime and bingo! The FBI/Federal marshals/etc are at your door.

    Paranoid? I grew up in a communist state. I hate to think I've escaped to one, too....

  8. Make your voice heard by cohomology · · Score: 5, Funny

    Tell the highest levels of the intelligence community what you think about this idea by picking up a phone and calling any number.

    I know, it's not original.

    --
    Don't mess with The Phone Company. Piss them off and you'll be using two tin cans and a piece of string.
  9. Re:The Constitution... by Chris+Burke · · Score: 5, Insightful

    email? Does anybody think that email is private? It is sent in clear text so I would say that it is as private as a postcard.

    As I say in every discussion of this nature, "private" in the sense of "can a police officer legally look at this and use it as evidence?" is completely different than in the sense of "could a malicious person who wanted to snoop on what I was saying possibly look at this, the law be damned?"

    E-mail is about as physically private as a letter. They are fairly trivial to read but it does require you take take deliberate action to do so. As opposed to a post card which could literally fall out of the postman's hand text-up and be read by accident, other people's emails don't just randomly show up on your screen even if you are an email server sysadmin.

    And thanks to recent precedent email is becoming -legally- as private as a letter. Which to repeat, is a different standard, and regardless of the fact that letters are easy to read, they are still considered private. So while a malicious mail man could read your mail whenever they chose, a cop who wanted their evidence to stand up at trial could not without a warrant.

    We need to remember both of these. First if you want real privacy even from malicious people, you need to encrypt your email. Second, we still need to keep unencrypted email to be legally private, since otherwise the idea is that if the police -can- read your encrypted emails then they don't count as private and thus no warrant is needed.

    There is an election coming soon. So for those that really fear this find out where the candidates stand on it.
    Then vote.
    BTW don't focus so much on the President BTW take a hard look at your congressional reps.


    True that. Sadly enough it's hard enough to get specific answers on what the Presidential candidates' stances are on the subject, much less all the representatives.

    --

    The enemies of Democracy are
  10. Encrypt your email by gillbates · · Score: 5, Interesting

    Seriously. There are already libraries such as FLTK and QT for the graphic front end. For the back end, you could use XySSL, OpenSSL, or even GNU GPG.

    I'm about 20 hours into an encryption client, and I've already got people using it. I initially wanted to use GPG, but realized that most technophobes won't go for a command line application. So I pulled out FLUID (the FLTK design utility) and had a prototype working within hours.

    Today, there's no excuse for not encrypting your email. I realize that you may think you have Constitutional rights in this regard, but GW & Co. have the guns, the taxpayer financing, and even the (unsolicited!) cooperation of the major network carriers. It doesn't matter what you think the Constitution says if you can't even get a trial. You're on your own from here on out.

    So why encrypt, even if you've nothing to hide? Well, simple, really. Why let the government violate the 4th ammendment with impunity? If you encrypt your email, the government can't perform secret, mass surveillance. Sure, they can pound on your door, and even demand the key. You might even have to give it to them. But in them doing so, you've achieved three key goals:

    1. In order to get the key from you, they'll have to contact you. So they can't secretly eavesdrop on your communications.
    2. Should you refuse the key, they will have to convince a judge to order you to divulge it - thus, your 4th ammendment rights are preserved - the judge will require probable cause before issuing the order.
    3. In demanding the key, the issue will move from the administrative branch to the judicial branch. You want to force the government into the courtroom so that your other rights are not trampled as well.

    Encryption is highly Constitutional (TM) software. It keeps terrorists from eavesdropping on our conversations, knowing our whereabouts, and stealing our valuable intellectual property. If the government can't read my email, neither can the terrorists.

    Be patriotic. Support the Constitution. Encrypt everything.

    --
    The society for a thought-free internet welcomes you.
  11. Re:At least they won't be able to mass-scan... by Bungie · · Score: 5, Informative

    The main obstacle to mass encryption these days is Microsoft. I expect to be skating over Hell's frozen wasteland before Microsoft adopts encryption in Outlook/Hotmail.

    I've been encrypting and signing mail in Outlook Express and Outlook for years. The certificates are installed via XENROLL.DLL or CERTENROLL.DLL. Windows actually has a really good encrytion API.

    If you go here you can get a free e-mail certificate. Once you install it to the cryptography store you can sign and encrypt mail in any Microsoft email program. If you use the Windows Live Mail application you can encrypt messages in Hotmail too.

    --
    The clash of honour calls, to stand when others fall.
  12. Or You Could Go With the Reagan/Bush/Rove/Cheney by NeverVotedBush · · Score: 5, Funny

    Defense...

    "I don't recall"