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When the NSA Shows Up At Your Internet Company

Frosty Piss writes "When people say the feds are monitoring what people are doing online, what does that mean? How does that work? When, and where, does it start? Pete Ashdown, CEO of XMission, an internet service provider in Utah, knows. He received a Foreign Intelligence Service Act (FISA) warrant in 2010 mandating he let the feds monitor one of his customers, through his facility. He also received a broad gag order. Says Mr. Ashdown, 'I would love to tell you all the details, but I did get the gag order... These programs that violate the Bill of Rights can continue because people can't go out and say, This my experience, this is what happened to me, and I don't think it is right.' In this article, Mr. Ashdown tells us about the equipment the NSA installed on his network, and what he thinks it did."

309 comments

  1. Tiny Utah-based ISP makes a name for itself. by auric_dude · · Score: 5, Informative

    The company, a comparative midget with just 30,000 subscribers, cited the Fourth Amendment in rebuffing warrantless requests from local, state and federal authorities, showing it was possible to resist official pressure says it all http://www.guardian.co.uk/world/2013/jul/09/xmission-isp-customers-privacy-nsa

    1. Re: Tiny Utah-based ISP makes a name for itself. by Penguinisto · · Score: 5, Informative

      Something to consider:

      I once worked for a company that used XMission's downtown SLC location as its colo location; excellent guys, and kick-ass service. That said, there's one other bit: a large number of their 30k customers are some rather large(-ish) corporations and companies - a few of whom have the ear of Sen. Orrin Hatch, among others in both state and federal government... not to mention (guessing this part, but given their location and name) they likely have a very strong hook into the LDS hierarchy.

      (By the by, XMission is one of the few (and IMO lucky) ISP's who provide for/with the UTOPIA fiber-to-home networks, and IIRC the only local/SLC-based one. )

      IOW, they're not just some tiny naive dial-up provider. If they didn't have a line to some heavy-hitters, I'd wager that they'd likely buckle to the demands out of sheer survival instinct, if for no other reason.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    2. Re: Tiny Utah-based ISP makes a name for itself. by Anonymous Coward · · Score: 0

      Isn't xmission where Maddox is/was hosted back when he was relevant?

    3. Re: Tiny Utah-based ISP makes a name for itself. by Garridan · · Score: 5, Informative

      I once worked for a company that used XMission's downtown SLC location as its colo location; excellent guys, and kick-ass service.

      I second this. My boss was a good friend of Pete's, and our site was hosted there. I got to hang out with Pete quite a bit, and he's a superb example of a human being. Moral, upstanding, and fair. XMission isn't just a 'tiny ISP', it's a long-proven company with a history of smashing success; rather than expand to a national then multinational power, it has kept sight of its core, takes care of its people, and focuses on offering the best product for its customers. This is the ISP after which all others should be modeled. Pete Ashdown for president!

    4. Re: Tiny Utah-based ISP makes a name for itself. by Anonymous Coward · · Score: 1

      I've been an XMission customer for 17+ years. It is an ISP that believes that the customer should come first. And that staffing the customer support lines with knowledgable people is a good thing. Not just reading from scripts.

      xmission comes from transmission (not a spin on mormon missions).

    5. Re: Tiny Utah-based ISP makes a name for itself. by slick7 · · Score: 2

      The company, a comparative midget with just 30,000 subscribers, cited the Fourth Amendment in rebuffing warrantless requests from local, state and federal authorities, showing it was possible to resist official pressure says it all http://www.guardian.co.uk/world/2013/jul/09/xmission-isp-customers-privacy-nsa

      In the immortal words of James Tiberius Kirk, "We come in peace, shoot to kill".

      --
      The mind conceives, the body achieves, the spirit manifests.
    6. Re: Tiny Utah-based ISP makes a name for itself. by Anonymous Coward · · Score: 0

      Isn't xmission where Maddox is/was hosted back when he was relevant?

      When was he relevant?

    7. Re: Tiny Utah-based ISP makes a name for itself. by Behrooz · · Score: 3, Interesting

      I once worked for a company that used XMission's downtown SLC location as its colo location; excellent guys, and kick-ass service. That said, there's one other bit: a large number of their 30k customers are some rather large(-ish) corporations and companies - a few of whom have the ear of Sen. Orrin Hatch, among others in both state and federal government... not to mention (guessing this part, but given their location and name) they likely have a very strong hook into the LDS hierarchy.

      Really, it's even more impressive. Pete Ashdown ran as a Democrat against Orrin Hatch in the 2006 senate election. Lost, of course, but Hatch ended up spending close to five megabucks on the campaign, and Ashdown did better than anyone else has against Hatch in recent memory, despite Hatch's ridiculous campaign funding and stranglehold on Utah politics.

      Pete Ashdown is an impressively brave and principled individual, and it'd surprise me greatly if he even imagined any possible support from Hatch or the majority of the Church hierarchy in any civil liberties dispute with the feds. He's just a badass in general.

      --
      "We have to go forth and crush every world view that doesn't believe in tolerance and free speech." - David Brin
    8. Re: Tiny Utah-based ISP makes a name for itself. by fsterman · · Score: 2

      I'd like to second the parents refutation that XMission has any special connections within the church. Given that they host Maddox for free and Pete Ashdown ran as a Democrat, I doubt they have any connection with the church. Their customers might but...

      --
      Is there anything better than clicking through Microsoft ads on Slashdot?
    9. Re: Tiny Utah-based ISP makes a name for itself. by ElForesto · · Score: 1

      Veracity is based in Provo. Fiber.net is based in Orem. SumoFiber is (I think) based in Murray. XMission is the best-known local provider, but by no means the only one.

      --
      There is a difference between "insightful" and "inciteful" other than spelling.
    10. Re: Tiny Utah-based ISP makes a name for itself. by arisvega · · Score: 1

      The company, a comparative midget with just 30,000 subscribers, [..]

      The website where this article is hosted at, 'buzzfeed', has probably more than 30,000 track/ad crapsite partners, driving my firewall crazy. Why on earth do I need to allow a dozen such sites and their javascript and flash, sites with names similar to ad1.trackadexperts-r-us.com to be shoved down my browser's throat, in order to read this article?

      The NSA at their worst day are way more moral that those shitty advertrackers and their sneaky ways.

      --
      The three laws of thermodynamics:(1) You can't win. (2) You can't break even. (3) You can't even quit.
  2. Hack the black box? by Rick+Zeman · · Score: 2

    Wonder what the consequences of that would be? Do two skeevy acts add up to a good act?

    1. Re:Hack the black box? by Anonymous Coward · · Score: 5, Interesting

      You'd probably be charged with a wide range of crimes, like tampering with evidence, disrupting an investigation, espionage and wiretapping (because the NSA is authorized, but you aren't).

    2. Re:Hack the black box? by jamesh · · Score: 1

      You'd probably be charged with a wide range of crimes, like tampering with evidence, disrupting an investigation, espionage and wiretapping (because the NSA is authorized, but you aren't).

      It's optimistic to think that criminal charges would be filed against you... doing so would give you the right to legally defend yourself and they sure don't want that.

  3. No Surprises Here by Anonymous Coward · · Score: 2, Insightful

    You can't contest these FISA orders because even acknowledging them is a federal crime.

    First rule of FISA: Don't talk about FISA

    1. Re:No Surprises Here by mrbester · · Score: 3, Funny

      It was only when they popped by with the full document from the FISA court that it became "legitimate". Before then it was simply a piece of paper that cannot have provenance attached to it, so what the attorney should have said is "it is probably legitimate".

      I've got a number of emails from Nigerian princes and domain renewal documents that are just as "legitimate"...

      --
      "Wait. Something's happening. It's opening up! My God, it's full of apricots!"
    2. Re:No Surprises Here by Bengie · · Score: 2

      How does one authenticate their authenticity?

    3. Re:No Surprises Here by tftp · · Score: 5, Insightful

      How does one authenticate their authenticity?

      When men with guns say it's authentic, it is.

    4. Re:No Surprises Here by Pseudonym · · Score: 0

      Remember, folks, the NSA is only one ASCII code point away from the NRA.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    5. Re:No Surprises Here by Charliemopps · · Score: 3, Informative

      Having worked for an ISP and at one point having to deal with these myself, you don't really. You send it up to the lawyers. They can do some basic checks. The request comes in, there's an agents name and where he/she works. The lawyers call there, talk to someone that's NOT him about it... that's about as far as you can check it. The main thing you're trying to prevent is someones ex-husband requesting his ex-wives call logs and such... that actually happens more than you'd think. Once it was even a cop and the case number and everything were bullshit. But if the entire law enforcement agency in question is up to no good, there's no way to prevent that. It's not like you can call up the judge and ask them about it.

      I've mentioned this in the past but it bears mentioning again, we RARELY got requests. There were very very few. It always suggested to me that had better/easier ways to get the same info and it was only in rare cases that they needed to come to us.

    6. Re:No Surprises Here by Teresita · · Score: 1, Insightful

      It's no big deal now when Mr. Obama is doing it, but when Jeb Bush is doing the same thing in 2017 only then will the media get all upset.

    7. Re:No Surprises Here by davester666 · · Score: 1

      Well, with FISA warrants, supposedly you [the receiver] can appeal the secrecy portion of the warrant, so if you try to appeal it right away, presumably somebody should notice "hey, this ones not real".

      Or maybe not, since they hand them out like toilet paper. Oh, wait, those are NSL letters...

      --
      Sleep your way to a whiter smile...date a dentist!
    8. Re:No Surprises Here by Anonymous Coward · · Score: 0

      Why don't you respect "ex husbands".
      Fuck you.

    9. Re:No Surprises Here by bobbutts · · Score: 1

      Sad but true. The partisan hate game, which turns good people on both sides into biased fools ensures that we cannot criticize our party even when they are wrong.

    10. Re:No Surprises Here by Applekid · · Score: 1

      Sad but true. The partisan hate game, which turns good people on both sides into biased fools ensures that we cannot criticize our party even when they are wrong.

      Of course we can criticize our own side. Ignore the apologists and take action during your next primary by nominating someone who would actually adhere to their oath of office.

      --
      More Twoson than Cupertino
    11. Re:No Surprises Here by Cramer · · Score: 1

      Exactly. When you're handed a legal document, you send it to the lawyers. (where possible, carry it to them with your own hands.) Today, I (we, not in the ISP business) cut out the middle man... our registered business address is the lawyer's office. (sure, most expensive mbx on earth, but at least we aren't dealing with 'em.)

      While I never had an actual warrant while working for an ISP, I have had a few "preserve the evidence" requests.

    12. Re:No Surprises Here by Anonymous Coward · · Score: 0

      we RARELY got requests.

      Hmm....

      I work for a pretty good sized ISP (quite a bit larger than xmission, but not on the scale of comcast/time warner). I also frequently deal with law enforcement requests, probably at least one a week, frequently more.

      But when it comes to FISA requests, all I'm allowed to know is "Yes, we get them sometimes".

      Posting AC because I'm not entirely sure company policy even allows me to say this much.

    13. Re:No Surprises Here by bonehead · · Score: 1

      Of course we can criticize our own side.

      Well, of course you can, but nobody does.

      When I criticize Obama, I am immediately classified as a right-wing nutjob (and, somehow, automatically a racist, too). When I criticize Bush, I am immediately classified as a bleeding-heart liberal pussy. And, yes, I've criticized both. Frequently and for legitimate reasons.

      I personally don't give a shit, but for most people, the idea of being perceived as being on the "other side" is a fear to great to overcome.

    14. Re:No Surprises Here by PuZZleDucK · · Score: 1

      How does one authenticate their authenticity?

      When men with guns say it's authentic, it is.

      So what would stop me (or you) from pretending to be one and installing random hardware at an ISP?

      --
      Can a person program a new solution to a problem? Why should anyone be able to stop such a thing? -Richard Stallman
    15. Re:No Surprises Here by tftp · · Score: 1

      If you have a gun? Nothing. Remember what Mao said about the origin of power?

      A con man could easily print a legitimately looking laminated ID, carry a holster with a plastic (training) gun, print some official-looking papers... and that would do it. Who is going to question orders of a secret court? If you want to be doubly sure, get a phone number in an area code of interest, put a secretary there, and she will confirm your identity. How would anyone confirm identity of a secretary? No way.

  4. Ethics versus Legality by girlintraining · · Score: 5, Insightful

    The NSA's corrupt and unethical activities have shown a bright light on the blackened and burned out husk of our ethics within the justice system. Which is to say, there really aren't any left to speak of.

    The law has absolutely nothing to do with right or wrong anymore. It's just a prescription for what is allowed and isn't, not whether you should or shouldn't. It's not unlike owning a gun; By itself, it's harmless. Put it someone's hands, and what they do with it can be catastrophic. Laws are just tools. It's what is done with them we need to look at.

    So far, I'm not encouraged by what I am seeing those tools used for. Perhaps its time to take them away, until they can learn to handle them responsibly.

    --
    #fuckbeta #iamslashdot #dicemustdie
    1. Re:Ethics versus Legality by gmuslera · · Score: 5, Insightful

      The problem with that law is it is meant for people, it depend on people to be honest, not wanting extra money, not being able to be blackmailed or social engineered, not falling into common human bias like the ones shown in the Stanford prison experiment. You maybe could manage to find a few people that could cope with that. But if you have up to up to 5 millon people to access that information (including 500k with top secret access that work at for profit contractors), then you are doing the equivalent of giving guns to all prison inmates and setting them free in all the big cities. You know that people will get killed, abused, robbed and so on with that action. So in the actual context, that law is legalized robbery with impunity.

    2. Re:Ethics versus Legality by crutchy · · Score: 1

      meant for people

      honest, not wanting extra money, not being able to be blackmailed or social engineered

      seems like kind of an oxymoron

      what we really need are laws for corrupt, greedy, mindless... humans, and maybe non-humans to administer these laws

      just remember to take the blue pill

    3. Re:Ethics versus Legality by AK+Marc · · Score: 1, Interesting

      The problem with that law is it is meant for people, it depend on people to be honest, not wanting extra money, not being able to be blackmailed or social engineered, not falling into common human bias like the ones shown in the Stanford prison experiment [wikipedia.org].

      So, assuming humans aren't humans is how laws are meant? I don't agree with that assessment. The "wanting extra money" jab makes you sound like a misanthrope conservative/libertarian complaining about who people on welfare vote for.

      Current laws are bad because they assume complete knowledge of the law (ignorance of the law is no excuse, and all that) but the law is unknowable (it changes faster than people can read, and is based on "case law" that is semi-closed and highly complex. When you commit 3 felonies a day, then why bother trying to follow the law? But if you make the law 10 rules, and enforce it with punishment of death, you have no prisons, no jails, and anything less than that is a civil matter. Assault could be a civil-matter only, and leave attempted murder for the lowest criminal side. If the damage is temporary, broken bones, bruises, then sue for damages and punitive damages.

      I think that the "fix" to our current problem is to remove prison punishment for nearly all offenses.

    4. Re:Ethics versus Legality by Anonymous Coward · · Score: 0

      But, but... the NSA is secure, right?

      Isn't it?

    5. Re:Ethics versus Legality by Anonymous Coward · · Score: 0

      The "wanting extra money" jab makes you sound like a misanthrope conservative/libertarian complaining about who people on welfare vote for.

      I don't know how you reached this conclusion. You might take some time to consider your own biases. He's clearly talking about corruption in government.

    6. Re:Ethics versus Legality by K.+S.+Kyosuke · · Score: 1

      just remember to take the blue pill

      But please note that if you experience headache, upset stomach or heartburn, flushing, nasal congestion, dyspepsia, nasal congestion or impaired vision, including photophobia and blurred vision, you had better contact your physician immediately.

      --
      Ezekiel 23:20
    7. Re:Ethics versus Legality by girlintraining · · Score: 5, Insightful

      The problem with that law is it is meant for people, it depend on people to be honest, not wanting extra money, not being able to be blackmailed or social engineered, not falling into common human bias like the ones shown in the Stanford prison experiment.

      If people were honest, not greedy, and incapable of having any vices, and weren't stupid... there'd be no need for laws! The problem isn't the law, it's the people enforcing it. Think about the legal texts of old -- the Magna Carta. The Constitution. Hell, why not even throw in a few holy texts -- the Bible, Koran, etc. My point is a basic code of conduct took one book or less to draw the boundaries for most situations. Now, I don't want to discuss their relative merits, coz that'll take us to nasty flaming troll of doom land, it's just there to illustrate that the legal process doesn't have to be complex to be fairly complete.

      This extra complexity is meant to blunt the minds of its critics and enable people to operate under color of authority to do things that many of us consider unethical or immoral. And that is the problem. The judicial process no longer has any feedback mechanism -- no way of saying "good" or "bad". Laws are written, but rarely repealed. They have no expiration date. So the system grows more and more complex, and people's ethics and morality slowly erode. Slow enough, anyway, that it's not obvious to anyone what's happening... at least until most of it has been lost.

      --
      #fuckbeta #iamslashdot #dicemustdie
    8. Re:Ethics versus Legality by AK+Marc · · Score: 1

      So it's the government workers taking or looking for bribes? That was a sub-set of what he said, but I've seen plenty others here who have insisted democracy is broken when the winners can bribe voters with welfare.

    9. Re:Ethics versus Legality by ObsessiveMathsFreak · · Score: 0

      To be fair, the Stanford prison experiment, like the present day world, involved giving power to baby boomers. I tend to the generations following have different expectations and who will not be as willing to put up with this legalized impunity forever.

      --
      May the Maths Be with you!
    10. Re:Ethics versus Legality by zippthorne · · Score: 1

      You don't think that breaks things a bit?

      Keep in mind that the very powerful have an interest in the existence of welfare (it presumably helps to prevent reigns of terror from upsetting the social order), but also have the interest and power to make sure that it is paid for by those less powerful. Including those who are so unpowerful that they actually need the benefits. Perhaps even people who wouldn't need the benefits if they didn't have to pay for them...

      --
      Can you be Even More Awesome?!
    11. Re:Ethics versus Legality by AK+Marc · · Score: 1

      You don't think that breaks things a bit?

      It defines it, not breaks it. The rich have more riding on every election than the poor, and they spend more money on it. The rich are trying to bribe candidates with cash. The poor are trying to bribe candidates with votes. And you complain about the latter, in a democracy. Perhaps you should look up the definition of democracy. Everyone works in self interest. Democracy will always result in people voting for the person who they thinks will benefit them most. The objections seem to come in when the self-interested people are poor. Because the framers of the Constitution also excluded the poor.

    12. Re:Ethics versus Legality by Rich0 · · Score: 2

      Current laws are bad because they assume complete knowledge of the law (ignorance of the law is no excuse, and all that) but the law is unknowable (it changes faster than people can read, and is based on "case law" that is semi-closed and highly complex. When you commit 3 felonies a day, then why bother trying to follow the law?

      Ironically, the law suffers from the exact opposite problem at the same time - it is possible to have complete knowledge of certain areas of the law and thereby design a set of actions that both complies with the letter of the law and completely subverts its intent. That's why you can have 14 congressional hearings after some big disaster and yet nobody goes to prison.

      For ordinary people the law is a tangled web waiting to snare them. For the spiders crawling around the web, the law is a weapon used to snare the government itself.

    13. Re:Ethics versus Legality by AK+Marc · · Score: 1

      The solution is clearer and simpler laws, with more power in the hands of the judiciary. Have actual judicial discretion, and juries without so many bounds on their actions. Enforce the spirit. The problem is that the spirit of the law has been outlawed in the US. It can't be that vague and be applied consistently. So it isn't "equal protection".

    14. Re:Ethics versus Legality by Anonymous Coward · · Score: 0

      Before you start throwing stones at the folks that work at NSA, let's start with the corrupt, unethical, and incompetence of Congress. Don't make the folks of the NSA the whipping boy of those clowns that don't even read the laws they pass.

      Second, you have no idea what this information has been used for nor do you have any evidence of this data being used irresponsibly.

      Could this kind of surveillance be abused? Yes. Is it? I honestly doubt it. At least not yet.

      Personally, I have more faith in the integrity NSA employees than the marketing guys at Facebook or any number of other companies that collect my data and have a great incentive to monetize it. Nobody is polygraphing those guys on a regular basis.

    15. Re:Ethics versus Legality by crutchy · · Score: 0

      if you experience headache, upset stomach or heartburn, flushing, nasal congestion, dyspepsia, nasal congestion or impaired vision

      nah that's just normal side effects of government corruption

    16. Re:Ethics versus Legality by Redmancometh · · Score: 1

      This is one of the most insane, idealstically naive proposals I've ever read...
      I could do a line by line, but you're not worth it. A couple things though:
      This would take unprescedented judicial resources to implement...
      in an already heavily strained judicial system.

      Further I WANT people in jail if they break one of my bones no matter how temporary the pain. How can you be a liberal? Such a system would let the wealthy walk on you since the only punishment is monetary! This is so far disconnected from reality that you might be a martian.

      And pointing out corruption and greed makes you a misanthropic conservative? Have you been alive since bush took office? Or obama? Man our president has a hit list.

    17. Re:Ethics versus Legality by Redmancometh · · Score: 1

      That sounds great in theory, but youroffer no manner in which the "spirit of the law" may be OBJECTIVELY derived. So combined w more judicial power...
      So they have more power to misinrerpret a broader concept? No thanks.
      People would receive radically inconsistent treatment.Judge1: "Well technically that was selfdefense under the letter of thr law go home"

      Judge2: "the letter of the law says its okay...but I feel the spirit of that law makes it impermissible despite you having no way to argue against it or have knowledge beforehand. Murder 30 years."

      Some (not all) of the laws are complex for VERY good reason. You have to include x and z while excluding y in as little text as possible. Further a lot of the situations those laws govern are equally complex. Financial crime laws anyone?

    18. Re:Ethics versus Legality by cheekyjohnson · · Score: 2

      Second, you have no idea what this information has been used for nor do you have any evidence of this data being used irresponsibly.

      I feel that you should distrust the government by default.

      Is it? I honestly doubt it.

      Why do you doubt it? Has history's long line of abusive and tyrannical governments given you any reason to do so? I don't think so.

      Personally, I have more faith in the integrity NSA employees than the marketing guys at Facebook or any number of other companies that collect my data and have a great incentive to monetize it.

      Then you're naive. Government employees are nowhere near being perfect beings, so any trust in them is misplaced.

      --
      Filthy, filthy copyrapists!
    19. Re:Ethics versus Legality by Anonymous Coward · · Score: 0

      "Perhaps its time to take them away, until they can learn to handle them responsibly."

      How?

    20. Re:Ethics versus Legality by ukemike · · Score: 1

      Think about the legal texts of old -- the Magna Carta. The Constitution. Hell, why not even throw in a few holy texts -- the Bible, Koran, etc. My point is a basic code of conduct took one book or less to draw the boundaries for most situations.

      What nonsense. The US Constitution and the Magna Carta were documents that limited the authority of government and existed in the context of British Common Law which is a very complex web of precedent that few could ever hope to master.
      Your earlier call for a system based on about 10 simple serious laws and leaving the rest to the civil courts would effectively prevent access to the law to all who can't afford a lawyer and an investigator.

      --
      -- QED
    21. Re:Ethics versus Legality by Anonymous Coward · · Score: 0

      The judicial process does have a feedback mechanism: jury nullification. http://fija.org/

    22. Re:Ethics versus Legality by Anonymous Coward · · Score: 0

      Think about the legal texts of old -- the Magna Carta. The Constitution.

      This statement is more telling than the sum of all the comments combined.

    23. Re:Ethics versus Legality by Rich0 · · Score: 1

      Agreed.

      Basically we have two extremes:

      1. If judges have no ability to use discretion we are shielded from much judicial abuse, but we become a nation ruled by lawyers and those who can afford to hire them.

      2. If judges have a lot of discretion, then we become a nation ruled by judges. The character of the judges will determine what that nation is like to live in, and judicial abuse will be a larger problem.

    24. Re:Ethics versus Legality by AK+Marc · · Score: 1

      You have an inherent trust of the executive and legislative and an inherent distrust of the judicial? Why?

    25. Re:Ethics versus Legality by AK+Marc · · Score: 1

      If judges have a lot of discretion, then we become a nation ruled by judges.

      Jury trials are still required. We'd have a nation ruled by the people. Why is it that so many people living in democracies hate giving power to the people?

    26. Re:Ethics versus Legality by AK+Marc · · Score: 1

      Further I WANT people in jail if they break one of my bones no matter how temporary the pain. How can you be a liberal? Such a system would let the wealthy walk on you since the only punishment is monetary! This is so far disconnected from reality that you might be a martian.

      You are aligning current monetary punishments with how you think it'd be done. That's your error not mine. How would the rich guy feel if he was hit with a 1-year fine (one year of gross income as a punitive fine)? They do tickets in some countries based on income. You assume not, then assume poor implementation, then attack an idea without understanding it. and accuse the other person of being disconnected from reality.

      Yes, you want people in jail for vengeance and revenge. Neither are "justice" the name still given to the US system, even though "justice" hasn't been a part of it since long before any of us were born.

    27. Re:Ethics versus Legality by Redmancometh · · Score: 1

      Preface:
      I am aligning them with how *I* think they would be done, because you failed to provide that detail. You're simply using something completely nebulous and shapeless, and you're doing it on purpose. No one can criticize your awful idea if there aren't any well-defined details. There is a saying that applies here "the devil is in the details."

      "You assume not" I honestly have no idea what you mean by this.

      "Then assume poor implementation" I'm not assuming anything I'm saying that the idea in of itself is flawed no matter what it's implementation.

      "Then attack an idea without understanding it"
      I can only go on the rambling paragraph provided.

      You also never said what part I misunderstood? I think I understand your abstract advocacy better than you do! Do the words "ad hominem" mean anything to you?

      "how would the rich guy feel if he was hit with a 1-year fine"
      Contention:
      How would a poor person feel about being hit with a fine for 1 year of his income? No poor person can pay a year of his/her income in any reasonable amount of time. I don't consider myself poor, and it would take me the better part of a decade to do so. 5 years to a decade under crushing debt. You know what people do when their back is up against the wall? They do whatever the fuck it takes to feed their family. I dealt pot small-time when I was broke, because I felt I didn't have much choice. If I had to make that money not to clothe, feed etc myself and my family...but to pay the state? I would not-care so hard it would be ridiculous.

      If you want to argue "well drugs would be legal" I have an even worse scenario that WILL happen. Since there would no longer be tons of unregulated money in that industry...when people get desperate instead of selling drugs they are just going to rob people instead
      The worst thing they can get is more money tacked on to the debt right? If I already owe more money than I can pay who cares if I owe more? Especially if there is a chance that the crime I'm committing might pay the original fine. Couldn't I just play the odds and keep committing profitable crime until my debts are gone? Eventually I'm going to not get caught long enough to pay it off.

      Let me tell you how the rich person will feel: He will go to HSBC, Chase, etc, and withdraw the money from his savings. He will then return to the courthouse and pay the fine. Don't say you're going to base it on his assets either, because NO ONE with assets declares it all. The things not declared are generally at least somewhat hidden.

      Contention 2:
      Oh and extend what I said about this burdening the already bogged down justice system. As the judicial system would have far greater autonomy...that results in greater choice. Greater choice means it is more difficult to make a decision, because there are (inherently) more options to go through. I'll get to inconsistency later.

      Further extend the logic behind the justice system point
      The impacts are threefold:
      A) A burdened justice system is going to be a slower justice system. This is empirically proven by the Zimmerman case (or any case) in which the delay between arrest is objectively ridiculous. A slower justice system means that more people are in custody for longer which is contrary to a fair and speedy trial.
      B) A heavily taxed legal system results in dockets that are consistently full. This is the case in many places already, but not in the majority of the US. A full docket means less judicial resources can be allocated on a per-individual basis. Less judicial resources allocated per-person means less time for the discovery phase, which means a trial far more likely to be flawed in regards to the true facts.
      C) Public defenders are already considered the bottom rung of the ladder. By allocating less resources they would be going from overworked to impossibly buried. Cross apply the point from sub point A.

      Contention 3:
      In our current judiciary system monetary fines are already in place, and do NOT act as a deterren

    28. Re:Ethics versus Legality by AK+Marc · · Score: 1

      I am aligning them with how *I* think they would be done, because you failed to provide that detail. You're simply using something completely nebulous and shapeless, and you're doing it on purpose. No one can criticize your awful idea if there aren't any well-defined details. There is a saying that applies here "the devil is in the details."

      You can ask before you assume the worst and bash someone for something they didn't say. Given that opening, I didn't read any more. I'm sure it was interesting. Maybe someone else will waste their time reading it.

    29. Re:Ethics versus Legality by Redmancometh · · Score: 1

      Okay sorry (I mean that sincerely) it may have been a bit harsh
      I got really into a zone of some kind.

    30. Re:Ethics versus Legality by AK+Marc · · Score: 1

      I do realize that many of my ideas are hard. I could work them out better, but I'm realistic enough to know that they'd never see widespread adoption, so why bother.

      The US justice system doesn't work. It doesn't deter anyone. It doesn't rehabilitate anyone. At best, it punishes, though not in line with the crime (a small drug possession charge can land you in jail longer than rape). So what's the point? Nobody agrees, and vengeance seems to be the number one use. So I've tried multiple times to try to better optimize the justice system.

      The problem is laws are for the little people. CEOs steal billions, and people like Ken Lay have clean criminal records with no convictions. You don't have to worry about speeding tickets if you take a helicopter to work (mayor Bloomberg).

      I don't think it great. But I think it's better than what we have now. Prison doesn't work. I read a study that indicated that the less time someone served, the lower the recidivism. So less prison reduces crime. So eliminate prison as a catch-all. Only send people there for capital crimes, and otherwise, fine them appropriately for the crime. Corporations kill with only minor fines, so why should people be treated as second class citizens? Leave the law with clear guidelines, but allow discretion in setting fines to ensure harsh punishment for bad acts, while not requiring overly harsh punishment for relatively minor ones.

      Assume it could work, how do you think it should be done. That's a better starting point.

  5. Xmission? by Anonymous Coward · · Score: 0

    They were probably monitoring http://www.maddox.xmission.com if you think about it.

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

      Ding ding ding, we have a winner!

    2. Re:Xmission? by Anonymous Coward · · Score: 0

      thats an interesting website...

    3. Re:Xmission? by ObsessiveMathsFreak · · Score: 4, Interesting

      Or they could say they were monitoring Maddox, when in reality, they were snooping on someone else, or just mooching server space to use in a distributed network they were running. You have no idea, and neither do most people working at the NSA, or the FISA court, etc, etc.

      For all anyone knows, this "monitoring equipment" could have been hosting (and let me just go for the Godwin Gold here) a child porn darknet for a ring of senior paedophiles operating inside the NSA. And if anything went wrong, or was discovered, the NSA could ahve just pinned it all on XMission, Mr. Ashdown, and his attorneys. After all, there's no official record, all are gagged from revealing what they know, and the NSA would just lie about it.

      And in case this seems hyperbolic: If the NSAs programs continue for long enough, this will happen. History is the definitive proof.

      --
      May the Maths Be with you!
    4. Re:Xmission? by joshuaf · · Score: 1

      That's the very first thing I thought of.

    5. Re:Xmission? by crutchy · · Score: 0

      it'll probably get slashdotted

      poor xmission will think they're being ddos'ed

      the NSA will look at all the traffic and wonder why everyone was on slashdot beforehand, and then slashdot will come under suspicion for soliciting weird pr0n like http://goatse.cx/

    6. Re:Xmission? by Predius · · Score: 3, Informative

      Kinda hard to do any hosting if your only connection is a port mirror, you can watch, but you can't talk over said port.

    7. Re:Xmission? by niftydude · · Score: 1

      oh man, if they were monitoring Maddox because somewhere in one of his rants he made a threat that the NSA considered serious, then they really are too stupid to exist.

      --
      You can never know everything, and part of what you do know will always be wrong. Perhaps even the most important part.
    8. Re:Xmission? by Anonymous Coward · · Score: 0

      That's his point. If it's a black box, how do you know it was just a port mirror? It could do anything.

    9. Re:Xmission? by Anonymous Coward · · Score: 1

      The port mirror is configured on the ethernet switch side, which the ISP still remains in control of. Or at least that is the way it sounded in TFA.

  6. Challenge the Gag Order by TemperedAlchemist · · Score: 5, Interesting

    Most gag order statutes have been voided for being unconstitutional.

    ---

    What the NSA is actually doing is blatantly ignoring our bill of rights. These gag orders are not legal because they are not constitutional, regardless of what the NSA insists.

    I would like them to see them -- and the court officials that go along with their little scheme, pay for their crimes against humanity (and yes, that's what it actually is). Hilarious that this organization has become the very monster it was created to destroy: a terrorist network.

    1. Re:Challenge the Gag Order by Rich0 · · Score: 4, Insightful

      Most gag order statutes have been voided for being unconstitutional.

      Great, so all you have to do is go ahead and violate an order (publishing some single event that on its own is trivial), then watch the powers descend on you, take away all your stuff, and possibly lock you up as well. Then you can begin a 5-10 year court battle to get it all back, facing the risk of a long prison term the entire time. That battle will likely cause you to lose your job and waste away a good portion of your adult life.

      But yes, in the end there is a decent (but far from certain) chance that you will win. If so, you won't even get an apology - they'll just let you return to life with little more than the clothes on your back so that you can start saving what little you can for your retirement.

  7. Terminate contract instead? by Anonymous Coward · · Score: 5, Interesting

    What if the contract had a clause that said services would be terminated with no notice and no explanation if we receive a lawful warrant to participate in monitoring said customer?

    Sort of canary?

    1. Re:Terminate contract instead? by Anonymous Coward · · Score: 0

      Sort of canary?

      No mod points -- but this is clever! Maybe too clever to actually work...?

    2. Re:Terminate contract instead? by bugnuts · · Score: 4, Interesting

      Contracts can't override a lawful order. My thought is that they might try to charge you with something, such as hindering an investigation.

      Maybe have the contract say something like "You will be charged $0.01/month if we are required to install monitoring gear" and have it show up on their bill. :)

    3. Re:Terminate contract instead? by auric_dude · · Score: 5, Interesting

      Some librarians (Jessamyn West and others) tried this sort of idea in attempts to warn users that FBI were prowling about https://en.wikipedia.org/wiki/Jessamyn_West_(librarian)

    4. Re:Terminate contract instead? by icebike · · Score: 5, Interesting

      How would terminating a customer account violate a lawful order.

      Fisa order for customer Joe arrives.
      Joe's account immediately terminated.
      Fisa replied to with no such account exists.
      Joe calls up pissed. Receives Reply: read clause 24.65 of your contract.

      --
      Sig Battery depleted. Reverting to safe mode.
    5. Re:Terminate contract instead? by bloodhawk · · Score: 1

      It would be dicey. In affect you are violating the Gag order by writing a contract clause that gives you an indirect means of notifying the customer or preventing the monitoring. I am no lawyer but that too me sounds like a whole boat load of legal trouble to invite on themselves.

    6. Re:Terminate contract instead? by silas_moeckel · · Score: 5, Interesting

      Basic boiler plate for legit (actual judge, actual crimes etc) warrants have a clause to keep the service active. They pay all expenses and reasonable fee's with a very loose definition of reasonable (billing out a jr techs $35 a hour time as $400 an hour was considered fairly cheap). It can be rather annoying had a dedicated server under scrutiny they had setup encrypted VPS's on the box with a spammer on one VPS that the client refused to turn off. It got bad enough that our up streams were complaining and had to get a letter and a conf call with the FBI case agent to get things settled (they were exploiting a 3 way session, spoofing the outbound packets and relaying the reply packets over a vpn to bypass our outbound spam filtering effectively just using out clean IP's).

      The specifics to this one look OK they had them host a server with a single connection to a span port for the web site in question. They only had access to what the provider sent them and would still have to break through any encryption. I've done similar for warrants on shared servers hundreds of times. Performing some digging related to servicing these I've found child porn etc hiding behind rather boring looking fronts.

      --
      No sir I dont like it.
    7. Re:Terminate contract instead? by icebike · · Score: 3, Informative

      Since the gag order is unconstitutional in the first place the feds would just let it go rather than risk a loss in court.

      There are already companies that offer cloud storage that has customer side encryption that prevents them from honoring a nsa letter or a search warrant. So writing such a contract is not illegal. See SpiderOak.

      --
      Sig Battery depleted. Reverting to safe mode.
    8. Re:Terminate contract instead? by AK+Marc · · Score: 4, Informative

      That would violate the order as well. I've not got the law committed to memory, but "tipping off" the subject is illegal, no matter how you tip them off. So a billing change would be illegal. Terminating the service on receipt of an order to tap wouldn't tip them off of tapping, but prevent it. That may get you an obstruction charge. Or not. I'm not a lawyer, just an expert in designing and implementing lawful intercept.

    9. Re:Terminate contract instead? by crutchy · · Score: 0

      Maybe have the contract say something like "You will be charged $0.01/month if we are required to install monitoring gear" and have it show up on their bill. :)

      better to say something like "You will be charged $500.00/month if we are required to install monitoring gear" and then when it happens it will be blatantly obvious to the customer what's going on and they will leave voluntarily... it doesn't really matter if the customer actually pays the $500 or not but that's not really the point of the clause

    10. Re:Terminate contract instead? by crutchy · · Score: 0

      it would probably be construed as violating the gag order (whether it actually did or not is irrelevant in this modern day of locking people up in prison and throwing away the key and not bothering to ask questions at all)

    11. Re:Terminate contract instead? by Anonymous Coward · · Score: 1

      Cock-sucking narc

    12. Re:Terminate contract instead? by tftp · · Score: 3, Informative

      Those companies are not refusing to cooperate, and they are not circumventing the order. They deliver what they are asked to deliver; too bad that it's zero bits - and here is why...

      But the proposed solution would be an obvious obstruction of justice, and any first minute law student can tell why - because you chose to terminate the service instead of following lawful instructions from the court. Hello, conspiracy charges.

    13. Re:Terminate contract instead? by pixelpusher220 · · Score: 3, Insightful

      The gag order isn't unconstitutional...yet.

      Unless you're willing to be the guinea pig who runs it through to the SCOTUS, it's perfectly 'legal' until SCOTUS says otherwise.

      --
      People in cars cause accidents....accidents in cars cause people :-D
    14. Re: Terminate contract instead? by Anonymous Coward · · Score: 0

      I like this idea, by slightly altered.

      The ISP, upon recievIng the FISA warrant, should have immediately terminated the target customers connection and account. I can't see the warrant requiring them to keep a customer, but then again we don't really know what's in those things to begin with.

    15. Re:Terminate contract instead? by icebike · · Score: 3, Informative

      The founders went further than simply creating a supreme court to decide what the law is. That route was surely open to them. But they chose a different route. Why: Because the people would not accept the Constitution with out it:

      Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

      No possible subsequent law can get around that, and any judge who rules otherwise has violated his oath of office.

      --
      Sig Battery depleted. Reverting to safe mode.
    16. Re:Terminate contract instead? by sjames · · Score: 1

      The contract wouldn't be overriding the order. The ISP would dutifully provide the required monitor port to the discontinued service. The service having been discontinued in the normal course of fulfilling the signed contract.

    17. Re:Terminate contract instead? by Anonymous Coward · · Score: 0

      time based gag orders combined with warrants are not a violation of free speech. This is in no way related to that particular part of the constitution. Gag orders are legal and binding and are a normal and regular part of the court system.

    18. Re:Terminate contract instead? by tftp · · Score: 1

      The laws of the USA define many crimes where the offense is just words. For example, talking about a crime that co-conspirators are preparing. If you believe this is against the Constitution and against the will of people, please go ahead and impeach the entire government.

    19. Re:Terminate contract instead? by russotto · · Score: 1

      The laws of the USA define many crimes where the offense is just words. For example, talking about a crime that co-conspirators are preparing. If you believe this is against the Constitution and against the will of people, please go ahead and impeach the entire government.

      Believe you me, if I had the power to do that last I'd have done so long ago.

    20. Re:Terminate contract instead? by icebike · · Score: 3, Interesting

      There is no law authorizing a gag order that courts routinely hand out. They usurped the authority. They weren't prohibited. Only Congress was. They just took it upon themselves to invent that and declare it legal, and wont allow it to be found otherwise.

      However with FISA laws, CONGRESS made a law authorizing the gag, and that makes it illegal. "Congress shall make no law".

      Its a whole different ball game.

      --
      Sig Battery depleted. Reverting to safe mode.
    21. Re:Terminate contract instead? by arth1 · · Score: 1

      I miss the old days. Back when my neighbor received a phone call from the sheriff, saying that they'd got an anonymous tip that he had a still behind his shed, and if Thursday would be a good time to visit?

    22. Re:Terminate contract instead? by mspring · · Score: 3, Interesting

      I learned recently that this already exists: http://en.wikipedia.org/wiki/Warrant_canary

    23. Re:Terminate contract instead? by cdrudge · · Score: 2

      Not to mention that if the FISA court issued an illegal gag order, I'm sure they won't have a problem illegally convicting you of violating said illegal gag order.

    24. Re:Terminate contract instead? by dryeo · · Score: 1

      Congress has been making laws that abridge free speech for so long that most people accept it, at least in various cases. Child porn, national security, military law are some examples that many people support and the Supreme Court rules constitutional.
      A major flaw in the American constitution was the lack of a constitutional court. It's questionable whether the Supreme court was meant to rule on constitunional matters and being federally appointed there is a conflict of interest.
      A court empowered to rule on constitutional matters and independent of the federal government may well have been an improvement. Not sure how it would work, perhaps States appointing the court.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    25. Re:Terminate contract instead? by dryeo · · Score: 1

      Can't a lower court declare something unconstitutional? Then the government can appeal if so inclined and the higher courts can decide whether to hear the appeal or not and possibly reverse the lower courts decision?
      That's how it works in Canada with the lower courts have less jurisdiction (Provincial Supreme courts only covers the Province) but considered everywhere.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    26. Re:Terminate contract instead? by 0111+1110 · · Score: 1

      time based gag orders combined with warrants are not a violation of free speech

      I'd love to know if you were typiing this with a straight face. I cannot think of anything that is more of a violation of "free" speech. Perhaps you mean free as in beer.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    27. Re:Terminate contract instead? by 0111+1110 · · Score: 2

      Unless you're willing to be the guinea pig who runs it through to the SCOTUS, it's perfectly 'legal' until SCOTUS says otherwise.

      This was precisely the sort of thing The Founders were afraid of. This is why there is a ninth amendment. I don't know how they could have made it any more clear that this is exactly how they did not want things to work.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    28. Re:Terminate contract instead? by 0111+1110 · · Score: 1

      It would be dicey. In affect you are violating the Gag order by writing a contract clause that gives you an indirect means of notifying the customer or preventing the monitoring. I am no lawyer but that too me sounds like a whole boat load of legal trouble to invite on themselves.

      I was thinking about the librarian that someone linked to. I thought her response was pretty clever. Maybe upon receiving a FISA order you could contact the customer and tell them that the FBI/NSA is not going to be monitoring their communications starting on Monday. That you have not received a FISA order which you are not allowed to tell them about. Etc. Could they really get you just for reassuring the customer that his privacy is being looked after and he has nothing to worry about. Hell. You're helping them do their jobs. Just being a good and loyal citizenbot. Maybe you could even be a bit more vague and send them a notice that, although you are forced to comply with all lawful government surveillance requests, you take customer privacy very seriously. If this sort of thing doesn't work then essentially the gag order forbids any form of nonroutine communication whatsoever. Maybe if you so much as wave to the customer while they are walking their dog you get prosecuted for violating the gag order.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    29. Re:Terminate contract instead? by wisnoskij · · Score: 1

      I think NSA would view the gag order as overruling the contract, and consider that breaching it.

      --
      Troll is not a replacement for I disagree.
    30. Re:Terminate contract instead? by 0111+1110 · · Score: 1

      What about shutting down the entire company until and unless the government stops trying to use you as an informant? Perhaps they can force you to do business with a particular customer with whom you would prefer not to associate with, but can they really prevent you from simply giving all of your employees 6-12 months unpaid leave and shutting down all of your customers every time you get such a request? That is what I would do before violating the trust and privacy of my customers and becoming a willing FBI informant. Before doing my part to help put innocent people in prison. You can't put a price on a clear conscience. Does literally no one have principles that they stand by anymore?

      Alternatively one could flee to a country without an extradition treaty with the US and then just email everyone who is being monitored from disposable webmail accounts opened in overseas internet cafes using a Tor browser. Then they would have no proof that you were the one who warned them and they could not even really try to prosecute you until and unless you returned to the US. And even in that case they might have a tough time proving to a jury beyond a reasonable doubt that you were the source of the leaks.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    31. Re:Terminate contract instead? by AK+Marc · · Score: 3, Informative

      The governemnt has explicitly ruled this legal. It isn't communicating to a specific customer, and in the airbags lawsuits the car companies initially argued they met federal regulations. The car would be illegal without the airbags. The court ruled that if they were unsafe, the company should have shut down, rather than sell cars that were unsafe, even if that unsafety was required by law.

    32. Re:Terminate contract instead? by cheekyjohnson · · Score: 1

      He probably also thinks that free speech zones are not a violation of free speech. These people thrive off of technicalities and seem to love watching other people's individual liberties get violated.

      --
      Filthy, filthy copyrapists!
    33. Re:Terminate contract instead? by oobayly · · Score: 1

      Andrews and Arnold (UK ISP) says the following:

      We have no so called black boxes to covertly monitor traffic and/or pass traffic monitoring to the authorities or anyone else. Obviously the law is such that we may have to add such black boxes, but we would resist as far as possible. We may even find we are not allowed to change this web page if ever that happens. However, I, as director, am happy to answer direct questions on this matter on irc (user RevK) or on twitter (@TheRealRevK) and you can get paranoid if I refuse to . If black boxes become mandatory we aim to find ways and services to maintain the basic human right to privacy.

    34. Re:Terminate contract instead? by Anonymous Coward · · Score: 0

      Unfortunately very few people take the First Amendment seriously, especially in power. Case in point, centuries of obscenity law in direct defiance of the first amendment. Naughty and shocking words being taken as reason to censor, suppressing rights for generations "in the name of public morality"?

    35. Re:Terminate contract instead? by Anonymous Coward · · Score: 0

      Actually you are full of shit. Most states and the federal government have provisions written in law for gag or suppression orders. They are routinely used on the media and they are most definitely both routine and part of law.

    36. Re:Terminate contract instead? by Anonymous Coward · · Score: 0

      Well, you weren't under the gag order when you wrote the contract.

      On the other hand, the clause also wouldn't protect you from the consequences of following it. At best, it would have no force at all; at worst, it would trap you between criminal charges and a lawsuit.

    37. Re:Terminate contract instead? by bill_mcgonigle · · Score: 1

      Unless you're willing to be the guinea pig who runs it through to the SCOTUS, it's perfectly 'legal' until SCOTUS says otherwise.

      No, SCOTUS has repeated found that unconstitutional laws were always illegal, and thus all of their effects are unwound upon such a finding.

      However this will not stop the government from fucking you over, under the guise of legality, until such a finding is held.

      It can also bite the country in the ass, because sometimes SCOTUS will hold a law to be legal and cite the reason as being because it would be too hard to unwind. Constitutional Chaos has a few examples, and there was a recent one in the news as well. This is actually one of the root-cause problems of the current system - it's biased to proceed towards more power by this Court construction.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    38. Re:Terminate contract instead? by pixelpusher220 · · Score: 1

      No, SCOTUS has repeated found that unconstitutional laws were always illegal, and thus all of their effects are unwound upon such a finding.

      yes but up until such time, they are quite legal. That's the point, laws are valid and enforceable until ruled otherwise. Doesn't make them 'right' or 'just' but having been duly passed and signed, they are 'legal'.

      --
      People in cars cause accidents....accidents in cars cause people :-D
    39. Re:Terminate contract instead? by pixelpusher220 · · Score: 1

      yes, as you say lower court rulings can be appealed, part of the process of running it through to SCOTUS. The appeal ruling can be stayed as well. Until SCOTUS rules, or declines to hear the case, it's an open question.

      --
      People in cars cause accidents....accidents in cars cause people :-D
    40. Re:Terminate contract instead? by pixelpusher220 · · Score: 1

      I'm curious, how does the 9th apply here? I'm not really well versed on that one :)

      --
      People in cars cause accidents....accidents in cars cause people :-D
    41. Re:Terminate contract instead? by Anonymous Coward · · Score: 0

      Most states and the federal government have provisions written in law for gag or suppression orders.

      Which has jack and shit to do with icebike's point, which is that such provisions are overruled by a higher law.

      For another example, the 1st amendment says we have freedom of religion. That means that it is illegal for us to force our religion down your throat, regardless of any state or federal laws which say otherwise.

    42. Re: Terminate contract instead? by mattventura · · Score: 1

      They most likely DO require you to keep the service on, which gives me an idea. Put some completely arbitrary rule in your terms of service, like "You cannot run any services on port 11111". If a customer opens up that port, they get a phone call threatening to terminate their contract, unless they're under surveillance.

    43. Re:Terminate contract instead? by houghi · · Score: 1

      The founders [snip]

      Although it is a good basis to start on, what the founders did is largely irrelevant. What matters are two things
      1) What do the current people want?
      2) What are they doing to get it?

      The answer to the first question is not "freedom of speech" apparently. It looks as if people are more interested in not letting the other guy win the election. Divide and rule still works.

      --
      Don't fight for your country, if your country does not fight for you.
    44. Re:Terminate contract instead? by PuZZleDucK · · Score: 1

      I can't remember who did it.... but someone did... maybe mega upload before they got scr#@%d. They set up a page stating that they had never recieved a gagged request (for any user), and that when they did they would remove that page. This was so as not to "tip off" a target of the order, but if you wanted to you could check if anyone (but no one in particular) on the service was under survalience.

      --
      Can a person program a new solution to a problem? Why should anyone be able to stop such a thing? -Richard Stallman
  8. As this article is published by Anonymous Coward · · Score: 0

    As this article is published, Ashdown sees... a cloud forming outside his window. Checking to see if it will rain, he sees a group of black helicopters silently approaching his house. They land and a group of heavily armed agents surround the place including the doors, windows, balconies and roof. He experiences a power failure, and on attempting to call the power company, he finds the phone dead. The cell phone is also giving zero bars, even though the tower is right across the street. Heard by his neighbours: " Hey who are you! What are you dong.... Ooowww! Hey tazers hurrrrrrrrrrrrrrrzzzzzzzzzzzzzzttttttttttttt

  9. NSA equipment: rent space? charge for electricity? by crow · · Score: 5, Informative

    You may be required to cooperate with their investigation, but space in a data center is not free, and the electricity certainly isn't, either. If they're taking what's yours, they should pay fair market value, and that includes space, power, cooling, and such.

  10. stand up by Xicor · · Score: 2

    it is about time for companies to start standing against the NSA. as long as what they do keeps being a secret to the population, we will never be able to get a lawsuit in front of the supreme court. companies need to stand up enmasse and say screw the NSA. then, when they start getting sanctions and stuff for standing against the NSA, they start a class action lawsuit against the american government. at this point, they will get infront of the supreme court eventually and we might actually get our rights back.

    1. Re:stand up by jbolden · · Score: 4, Insightful

      That could also be read as a widespread conspiracy involving multiple companies to coordinate to commit felonies. The problem is the American people, have until recently been strongly supportive of this nonsense. The companies can't stand up to it until they know for sure a jury will never convict and they can't know that yet.

    2. Re:stand up by jklovanc · · Score: 1

      What would the claims be in the law suit? The NSA has not broken any laws any using FISA warrants. It is the same as POTS companies having to cooperate with wire taps.

    3. Re:stand up by cold+fjord · · Score: 1

      That could also be read as a widespread conspiracy involving multiple companies to coordinate to commit felonies.

      No.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    4. Re:stand up by Bengie · · Score: 1

      The problem isn't warrants, it's the lack of warrants.

    5. Re:stand up by jklovanc · · Score: 1

      A FISA warrant is a warrant.

    6. Re:stand up by Xicor · · Score: 1

      they are also gathering a ton of information on ppl even without warrants. for example, in many states(luckily not here), obtaining texts and call information from phone companies does not require a warrant. another thing that doesnt require a warrant is finding out who is accessing specific sites.

    7. Re:stand up by jklovanc · · Score: 1

      That has nothing to do with the current conversation which is about FISA warrants.

    8. Re:stand up by Anonymous Coward · · Score: 0

      ...the American people, have until recently been strongly supportive of this nonsense.

      Everyone's still strongly supportive...

    9. Re:stand up by wisnoskij · · Score: 1

      "The companies can't stand up to it until they know for sure a jury will never convict and they can't know that yet."

      This is not 200 years ago. Judges have far more control over the jury in my opinion then they ever did when juries were refusing to dish out punishment to run away slaves. The government and the legal system would never put up with juries not coming to the right decision in any important cases now.

      --
      Troll is not a replacement for I disagree.
    10. Re:stand up by jbolden · · Score: 1

      They do it all the time. When the public starts to disagree with the law and refuses to convict whole areas of law can become unenforceable.

    11. Re:stand up by Anonymous Coward · · Score: 0

      Google and Facebook both have business models which involve them obtaining your private information from you for free in return for their free services, and selling it for profit. What exactly is their motivation for not providing the same information to the NSA? For almost everyone that uses them, the threat to their privacy from spammers and corporate shills (which they implicitly consent to) is much more real than the threat from the NSA.

  11. One of the problems for the Big providers by stox · · Score: 1

    is that the government is typically their single largest customer. Kind of tough to risk that much revenue.

    Not defending the big providers, but admitting to reality.

    --
    "To those who are overly cautious, everything is impossible. "
  12. Legitimate order or not . . . ? by PolygamousRanchKid+ · · Score: 4, Interesting

    So, in TFA he said he was not allowed to make a copy of the order, but just take some notes about it. His attorney said it was legitimate . . . how?

    I mean, you can't take a copy yourself to a secret court to ask them if they authorized it. You could call up a number that they give you, but what does that prove? And the whole damn thing is supposed to be secret, so that nobody knows nothing anyway.

    Does anyone know how this works?

    --
    Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
    1. Re:Legitimate order or not . . . ? by Anonymous Coward · · Score: 0

      Perfect use case for a stealthier version of Google Glasses.

    2. Re:Legitimate order or not . . . ? by Anonymous Coward · · Score: 1

      Does anyone know how this works?

      They're bigger than you. They have more money. They have more guns. They have, and will use a very real power to hurt you if you attempt to circumvent them in any way. In some ways, this sounds silly and trite, and also fails to address the fundamentals of the question you ask, but it's the actual, technical, answer. The particulars are of little to no importance, and are juggled around ad-hoc to preserve those minimal appearances that are deemed worthy of preservation.

      Things are so far past "fucked up" at this point that it has become a historical issue, and historical issues move at historical paces (usually glacial, but not always) and operate at historical force levels.

      I do not want to be around to see how this plays out in the end.

    3. Re:Legitimate order or not . . . ? by spire3661 · · Score: 1

      Its not legitimate, its merely allowed. Under no interpretation of the Constitution are secret courts allowed.

      --
      Good-bye
    4. Re:Legitimate order or not . . . ? by mosb1000 · · Score: 4, Informative

      Does anyone know how this works?

      You do what they say, or else they come shoot you and plant drugs on your body.

    5. Re:Legitimate order or not . . . ? by Anonymous Coward · · Score: 0

      Maybe he wants to know how this would prevent any random guy from a foreign intelligence agency walk into your data center with a fake FISA letter and install surveillance equipment. The answer is probably:not at all.

    6. Re:Legitimate order or not . . . ? by FuzzNugget · · Score: 2

      Does anyone know how this works?

      Of course not, that's the point.

    7. Re:Legitimate order or not . . . ? by cold+fjord · · Score: 1, Interesting

      US Constitution, Article. III. Section. 1.:
      "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish...."

      Congress established the FISA court by law.

      The FISA court isn't a secret court, it is a court that handles secrets. In either case it looks like Congress can create such courts as it see fit.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    8. Re:Legitimate order or not . . . ? by Anonymous Coward · · Score: 0

      In every such company there is at least one person with security clearance that has means and is responsible for checking these orders and applying them under provisions of secret laws that apply only to them. Sysadmins, CxO, etc. are excepted from this process (unless they have security clearance themselves). By design the networks allow interception without the knowledge of their owners or operators. Tinkering with the lawful intercept system is unlawful intercept according to the public law.

    9. Re:Legitimate order or not . . . ? by spire3661 · · Score: 1

      Once they started issuing broad gag orders and rubber stamping everything with no opposing side representing the People, it became a secret court. You can argue its legal until you are blue in the face, its wrong, and you dont need a law degree to see it.

      --
      Good-bye
    10. Re:Legitimate order or not . . . ? by Anonymous Coward · · Score: 0

      Courts are not secret - their proceedings are. And sometimes the classified proofs are not accessible to the defendant or its lawyers (unless they have security clearaance that will land them in jail if they talk).

    11. Re:Legitimate order or not . . . ? by cold+fjord · · Score: 0

      So is it your position that targets of surveillance should be notified they are being watched? Chinese spies? Russian spies? Or do you think everyone should know except the spies?

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    12. Re:Legitimate order or not . . . ? by Alain+Williams · · Score: 1

      If you don't get a copy what happens when, 5 years later, you get sued for doing an illegal wire tap ? The spooks will deny that they ever asked you to do it and will happily see you carry the can for their actions. I think that it has to be a case of: ''no copy, I can't comply -- take me to court''. Hopefully the court will give him an order that he can keep. I fear that they might just sling him into gitmo on the basis of a secret court order that he never attended the hearing.

    13. Re:Legitimate order or not . . . ? by the+eric+conspiracy · · Score: 2

      You don't need a secret court and secret laws to keep wiretaps under a sealed order. It's done all the time in regular courts.

    14. Re:Legitimate order or not . . . ? by cold+fjord · · Score: 1

      So why wouldn't you complain about sealed orders? All you seem to be doing is kicking the can down the road.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    15. Re:Legitimate order or not . . . ? by Anonymous Coward · · Score: 0

      why not ?
      If harm minimization is your goal, telling the suspect that he is watched works quite well. Now if you are looking for retribution, as an atheist let me cite that new testament verse :

      Beloved, never avenge yourselves, but leave it to the wrath of God, for it is written, "Vengeance is mine, I will repay, says the Lord."

      Romans 12:19

    16. Re:Legitimate order or not . . . ? by the+eric+conspiracy · · Score: 1

      Nice try at changing the subject.

    17. Re:Legitimate order or not . . . ? by cold+fjord · · Score: 1

      You're evading the issue. If you object to secrecy in one court, why won't you object to secrecy about the same matter in another court? I see no reason why you would object to one but not the other. You try to hold up one as acceptable despite the fact there is no real difference. Your position seems inconsistent.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    18. Re:Legitimate order or not . . . ? by Anonymous Coward · · Score: 0

      Supreme Court, who according to the Constitution has the final say as to what the Constitution says and allows, seems to have disagreed with you.

    19. Re:Legitimate order or not . . . ? by Anonymous Coward · · Score: 0

      I think it applies to US citizens.

      Nice try at disingenuity though.

    20. Re:Legitimate order or not . . . ? by Anonymous Coward · · Score: 0

      Yup. The instructions are on display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying 'Beware of the Leopard'.

    21. Re:Legitimate order or not . . . ? by Anonymous Coward · · Score: 0

      It's a 100% vulnerable to social engineering and the authorities won't ever get to know about it.

    22. Re:Legitimate order or not . . . ? by cheekyjohnson · · Score: 1

      And the supreme court can be wrong.

      --
      Filthy, filthy copyrapists!
    23. Re:Legitimate order or not . . . ? by gl4ss · · Score: 1

      he'd be barred from providing the copy to anyone anyways.

      it's a fucked up system. they got with copy of the warrant wiretap laws in place too so why the fuck not use them.. unless of course the taps are for things nsa knows they shouldn't be tapping in the first place.

      --
      world was created 5 seconds before this post as it is.
    24. Re:Legitimate order or not . . . ? by pashdown · · Score: 1

      My attorney talked to the FBI agent executing the order.

    25. Re: Legitimate order or not . . . ? by Anonymous Coward · · Score: 0

      Because the court by overspecialization now looks like a kangaroo court.

  13. So how come he's writing about it now? by nbauman · · Score: 1

    I don't understand this article clearly. If he's not allowed to refer to it, why is he writing about it now? Did the gag order expire?

    I see from the Guardian article that he ran for Senate in Utah, but lost to Orren Hatch. Too bad.

    1. Re:So how come he's writing about it now? by Anonymous Coward · · Score: 0

      Actually, he lost in the primary so he never got a chance to run against Hatch. A pity because I was seriously considering voting for him.

    2. Re:So how come he's writing about it now? by sharpone · · Score: 1

      He ran twice. The first time (2006), he lost to Hatch in the general election. The second time (2012) he didn't make it out of the Democratic convention to run against Hatch.

    3. Re:So how come he's writing about it now? by pashdown · · Score: 1

      The Buzzfeed author interviewed me, then redacted all her questions. I don' know why she did it this way, but she did. I've been open about discussing that we received a FISA request since we published our first transparency report. https://transmission.xmission.com/2013/06/10/the-nsa-and-xmission

  14. Harder done than said by bugnuts · · Score: 5, Informative

    National Security Letters, which are similar, result in a lot of difficulty challenging the gag order without violating the gag order.

    At the eff, they talk about national security letters. They have made some progress in challenging the gag orders, but this is years later. The recipient of this gag order would likely not have even been able to get it into court before they had already removed it 9 months later.

    The OP was served with a FISA warrant, which is apparently more rare and somewhat different. I don't know much about these, but the eff has some info here.

    1. Re:Harder done than said by ArchieBunker · · Score: 2

      What happens if one of those letters shows up on Wikileaks and it can't be traced back to the recipient?

      --
      Only the State obtains its revenue by coercion. - Murray Rothbard
    2. Re: Harder done than said by Anonymous Coward · · Score: 0

      They aren't generic, so one of the few people who saw it or received it is the leak. I'm sure they'll grab everyone up as "material witnesses" to the leak (which may be a bigger crime than the one they are investigating).

    3. Re:Harder done than said by Anonymous Coward · · Score: 0

      National Security Letters, which are similar, result in a lot of difficulty challenging the gag order without violating the gag order.

      Don't agree to the gag order and expose the corrupt practises of the Government in the media. The terrorists won on September 11, 2001, although not in the way they planned. Meanwhile, the Government had been busily hatching these plans to subvert the Constitution and the events of September 11, 2001, were an excuse. In fact, the Government probably aided and abetted the terrorists...how else can you explain three passenger airliners all off course at approximately the same time yet nobody in ATC, FAA, USAF/NORAD noticed?

    4. Re:Harder done than said by arth1 · · Score: 2

      Don't agree to the gag order and expose the corrupt practises of the Government in the media. The terrorists won on September 11, 2001, although not in the way they planned

      The terrorists won, but not the terrorists on the outside, the terrorists on the inside. They took advantage of the situation to put terror into people, and get them to agree to things they otherwise wouldn't have.

      It's sad, but I'm more afraid of three letter agency agents than I am of Islamists with bombs. The worst the latter can do is kill me.

    5. Re:Harder done than said by 0111+1110 · · Score: 4, Insightful

      The terrorists won on September 11, 2001, although not in the way they planned.

      More like not in the specific way that they had hoped. IIRC they hoped to get the US military out of Saudi Arabia. But the sort of stuff in the news now is also the kind of thing they were hoping for. A rather nice consolation prize. It is certainly a revenge of sorts. The entire country has been punished. Countless generations of Americans will be forced to live in an Orwellian dystopia. They could not have done it without help from our own politicians, but nevertheless it is undeniably a very real victory for Bin Laden's group. No honest person can continue to call the US free and there is no going back.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    6. Re:Harder done than said by Anonymous Coward · · Score: 0

      > they hoped to get the US military out of Saudi Arabia

      They got that in 2003. Interestingly, nobody said that Bush was "appeasing the terrorists" back then.

      http://news.bbc.co.uk/2/hi/middle_east/2984547.stm

    7. Re:Harder done than said by Arancaytar · · Score: 1

      Well, they know who they sent the letter to, so they could trace it back by definition.

      The only way to leak it and have a chance of avoiding the consequences might be to engineer some kind of plausible security breach. Briefcase with documents gets stolen/left on a train; network gets compromised, etc. Even so, if the timing is suspicious, you'd probably be in deep crap.

  15. Secret laws enforced by secret courts by jbolden · · Score: 4, Insightful

    He is absolutely right that we shouldn't have secret courts issuing secret laws. Temporary gag orders are fine but they should expire rapidly and then what happened be subject to public scrutiny. Faretta v. California talked about how many of our laws for trial procedure and rights in the constitution evolved from a reaction against the Star Chamber. The core idea of the Star Chamber was secrecy to deal with defendants who were too powerful to be tried openly for fear the the realm could not control the impact, and we have decided to replicate this in full.

    1. Re:Secret laws enforced by secret courts by Anonymous Coward · · Score: 0

      You seem to forget that Barack Obama is related to either Richard (Suck My Dick) Cheney or George (The US Constitution is a Worthless Piece of Paper) Bush. The African-American population in the United States of Amerika have been sold-out to the plantation owners by "one of their own".

    2. Re:Secret laws enforced by secret courts by cold+fjord · · Score: 0

      The core idea of the Star Chamber was secrecy to deal with defendants who were too powerful to be tried openly for fear the the realm could not control the impact, and we have decided to replicate this in full.

      Actually no, the US hasn't replicated the Star Chamber. The Star Chamber conducted actual trials to determine guilt and punishment. The FISA court mainly deals with warrants and conducts no trials of suspects.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    3. Re:Secret laws enforced by secret courts by jbolden · · Score: 1

      OK good point for Americans on American soil we don't have secret trials yet. On the other hand for non-Americans for whom this is aimed at we do. After secret FISA trials we have summary punishment based on this evidence. You can be assassinated, hauled off to secret prison, investigated... And for Americans interfering with our Star Chamber is punishable by long sentences.

    4. Re:Secret laws enforced by secret courts by Anonymous Coward · · Score: 0

      No, you don't have secret trials yet. You just lock people away in Gitmo indefinitely. Problem solved.

    5. Re:Secret laws enforced by secret courts by Anonymous Coward · · Score: 0

      Well, the problem is that the U.S.A. is supposed to be a democracy. That means that the voters ultimately decide which actions get their ok and which not. While there are levels of indirection (having representatives, and having those elected by vote men), the ultimate power is supposed to rest with the people doing the voting.

      If the information required for casting an informed vote is kept from them, there is no longer democratic control. In this case, there is a largely autocratic secret government that is being illegally financed by unwitting citizens and that oppresses them by curtailing their civil liberties.

      This has nothing to do with democracy since people don't get to know or vote about this, neither directly or indirectly.

    6. Re:Secret laws enforced by secret courts by Overzeetop · · Score: 1

      Stop calling it a democracy - we are a representative democracy. Voters decide nothing at the national level except who will represent them*. The representatives which are elected by the majority, or rather a plurality since voting is voluntary and exercised by a minority of the population in many areas, which then create everything you see in the government. YOUR agents of the republic are doing this (whether you voted for them or not, they are still your representatives), presuming you are a US citizen.

      *Most citizens can't even be bothered to vote, and even fewer can be bothered to research the positions and background of the candidates. Can you imagine all 300 million people in the US trying to wrestle with all of the international policy and domestic programs that the congress is supposed to be working on?

      --
      Is it just my observation, or are there way too many stupid people in the world?
    7. Re:Secret laws enforced by secret courts by jbolden · · Score: 1

      The Holder memo and the 3 part test... if you want to call that a "determination" and not a trial, OK.

    8. Re:Secret laws enforced by secret courts by jbolden · · Score: 1

      The US voters have consistently supported the government taking secret and extra constitutional actions for the war on terror. They have not voted for doves. Lots of information has leaked about torture, about renditions, about people held indefinitely without trial... They don't know all the details but they know a lot. The American people understanding the policy reasonably well have been supportive. That support has been falling slowly.

      As for voting for it directly and indirectly. Almost every national election there is a primary where hawks and doves are on the ballot. Frequently they have that choice in the general. They aren't consistently picking the doves.

    9. Re:Secret laws enforced by secret courts by Politburo · · Score: 1

      "Most citizens can't even be bothered to vote"

      58% of voting eligible population voted in 2012.

      "Can you imagine all 300 million people in the US trying to wrestle with.."

      No, because 75 million of those are children, plus ~20 million not eligible to vote due to citizenship (LPRs+illegal).

  16. Glad I live in Canada! by Anonymous Coward · · Score: 0

    There are not stupid forced gag orders in Canada. If some government official asks to install unknown equipment on a private companies network, the company can effectively say "go fuck yourself", and the courts will back the company.

    That's not to say it doesn't happen because of corruption and bribes and general shadiness with all the big ISPs, but it's not universal among companies, and no can force small ISPs to comply.

    Fuck America is screwed up.

    1. Re:Glad I live in Canada! by Anonymous Coward · · Score: 1

      Oh, you're so very stupid.

    2. Re:Glad I live in Canada! by ubrgeek · · Score: 2

      > "go fuck yourself"

      More likely, "Go fuck yourself, eh?"

      --
      Bark less. Wag more.
    3. Re:Glad I live in Canada! by jamesh · · Score: 2

      There are not stupid forced gag orders in Canada. If some government official asks to install unknown equipment on a private companies network, the company can effectively say "go fuck yourself", and the courts will back the company.

      That's not to say it doesn't happen because of corruption and bribes and general shadiness with all the big ISPs, but it's not universal among companies, and no can force small ISPs to comply.

      Fuck America is screwed up.

      OTOH, at least the average American isn't under the delusion that this sort of shit doesn't happen in their country.

  17. Actually, they can by Anonymous Coward · · Score: 0

    These programs that violate the Bill of Rights can continue because people can't go out and say, This my experience, this is what happened to me, and I don't think it is right.' I

    Actually, they can. The British were within their legal right to tax the Colonies. The NSA isn't even within that right. What he really means to say is more like, "I don't think I have enough friends to start a revolution and form a stable 2nd Republic yet".

  18. Brave guy. Stupid, but brave by Anonymous Coward · · Score: 0

    He will get made an example of if he pushes this any further. Or his business will suffer 'inconveniences'.

  19. Re:NSA equipment: rent space? charge for electrici by Anonymous Coward · · Score: 0

    If you had read the article you'd notice that getting paid is an option. He wasn't interested, he wanted their shit out of data center ASAP.

  20. Misreading the title... by Anonymous Coward · · Score: 0

    Was I the only one who misread the title as "When the NSA Shows Up As Your Internet Company"?

  21. Go outside US jurisdiction? by Enigmafan · · Score: 1

    I always wondered, if people are not allowed to talk about this stuff, can't they just go to Mexico and tell people there?

  22. Re:NSA equipment: rent space? charge for electrici by Anonymous Coward · · Score: 0

    Maybe you need a datacenter with 380V plugs only. Also, they should connect their equipment.

  23. Re:NSA equipment: rent space? charge for electrici by sirsnork · · Score: 4, Informative

    As is described in the article, they will happily pay that. However this particular ISP was against profiting in any way from monitoring their customer

    --

    Normal people worry me!
  24. Where exactly is 'outside US jurisdiction' now? by rts008 · · Score: 4, Insightful

    Ask Eric Snowden, I hear he has some experience with this very thing.

    The ONLY reason Snowden is not a resident of GITMO, is the US can't invade Moscow Airport.
    If he was in a less powerful country, like Panama, for example, he would already be in custody.

    ...can't they just go to Mexico and tell people there?

    Times have changed somewhat, Butch Cassidy....Mexico, or Canada, are no longer safe havens to escape the US.

    --
    Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
    1. Re:Where exactly is 'outside US jurisdiction' now? by AK+Marc · · Score: 3, Interesting

      There's a reason why Assange is cowering inside the embassy in London. If the US invades, Venezuela will stop selling oil to the US and there'll be a War of the Americas where the privileged North tries to impose their will on the South, and the war between the North and South will commence. Assange living openly in the UK would likely get an extradition request. There are suggestions that Assange in Sweden would be removed by the US without an extradition. But violating England and Ecuadorian sovereignty to grab him where he is would be an issue.

      When's the last time someone *saw* Snowden? I never thought he was in Moscow. I initially thought he sent a dummy west because he had to change planes in Taipei, Sydney, Tokyo or some other place that there was a good chance of the US seiznig him before he got there. But if he's on a plane going west, it'd be easier to "sneak" east. He swapped passports with a look-alike and was in South America before his Cuba plane departed. They are delaying the disclosure of this as long as possible to cover his tracks, and tracks of those who helped him.

    2. Re:Where exactly is 'outside US jurisdiction' now? by GodGell · · Score: 1

      Ask Eric Snowden, I hear he has some experience with this very thing.

      Hate to be Mr. Obvious, but his name is Edward Snowden.

      --
      [SHOW SOME LENIENCY TOWARDS ... I mean, FUCK BETA] Eat. Survive. Reproduce. GOTO 10
    3. Re:Where exactly is 'outside US jurisdiction' now? by Anonymous Coward · · Score: 2, Informative

      Guess you missed Snowden's press conference he did last Friday from Moscow.

    4. Re:Where exactly is 'outside US jurisdiction' now? by auric_dude · · Score: 3, Interesting

      Extraterritorial jurisdiction https://en.wikipedia.org/wiki/Extraterritorial_jurisdiction & Extrajudicial killing https://en.wikipedia.org/wiki/Extrajudicial_killing show the reach and grasp of a determined State when seeking to enforce their brand of justice upon others who may not agree with the definition used.

    5. Re:Where exactly is 'outside US jurisdiction' now? by Politburo · · Score: 1

      Americans don't go to Gitmo. Only one was there briefly and was removed when it was found he was a citizen.

  25. Intelligence by jklovanc · · Score: 2, Insightful

    There is absolutely [a] need for secrecy when you are dealing with a criminal investigation. You don’t want to tip off criminals being monitored. But you can’t say, “You can never talk about this ever, for the rest of your life.”

    The criminals may never know exactly how they were caught. Some of the tapped information may come out but the authorities may have enough other evidence derived from this tap not to reveal all their methods. The better criminals know how they are being monitored the better the criminals can avoid the monitoring.

    As to being a benign web site, the actual site may have noting to do with the criminal activity. It may just be a transit point for communications between criminals and the authorities are after those communications.

    As for the tap being on 9 months; there are criminal investigations that take years to gather enough information on enough people to take down an organization.

    As for the Bill of Rights and the Fourth Amendment in particular;

    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.

    By law A FISA warrant is a warrant and therefore the Amendment has not been violated. How exactly is the Fourth Amendment violated?

    The FISA court should be a public court, and documents should be sealed for a set period of time, [to] let people audit the actions later.

    I disagree. When one make public who and how someone else it being watched it it makes the suspects more difficult yo watch in the future. Maybe this investigation didn't gather enough for a conviction but the next one might. I may agree if the set period was 30 years or so but that is not what you seem to be talking about.

    1. Re:Intelligence by spire3661 · · Score: 3, Informative

      FISA court is incompatible with the Constitution. You CANNOT have secret courts in a democracy, it must and will end.

      --
      Good-bye
    2. Re:Intelligence by jklovanc · · Score: 0

      You CANNOT have secret courts in a democracy, it must and will end.

      I know of no place where the US Constitution bars a secret court. As such your statement is an opinion. It is my opinion that counter espionage requires secrecy. If they know where you are looking spies and terrorists will just move to another server.

    3. Re:Intelligence by king+neckbeard · · Score: 1

      You can have orders that remain a secret for a set amount of time in a regular court. You know, like when a police department gets a warrant for a wiretap on a particular phone line.

      --
      This is my signature. There are many like it, but this one is mine.
    4. Re:Intelligence by Arker · · Score: 1

      The fourth amendment has specific requirements (probable cause, specificity about exactly what is to be searched) that the FISA 'warrants' dont typically appear to meet. The fourth amendment was written specifically to prohibit overbroad warrants - it ties the probable cause directly to a specification of what is to be seized, so that only things actually covered by the probable cause can be taken. That is fundamentally incompatible with the goverments 'grab everything' approach.

      The bigger violation in relation to that particular star chamber, however, is probably that of the fifth amendment. The requirement for due process is completely incompatible with a secret court whose judgements are reached ex parte.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    5. Re:Intelligence by the+eric+conspiracy · · Score: 3, Insightful

      That's NOT how the Constitution works. It GRANTS powers to government. Everything that is not given as a power in the Constitution is NOT a legitimate function of government. There is no power to make courts secret.

      On the other hand the Constitution does NOT contain a list of all the rights of citizens. The 9th Amendment makes this quite clear. There are many rights NOT enumerated. Due process IS listed as a right.

      How the hell can you have due process if a court and laws can be secret? The idea is preposterous.

    6. Re:Intelligence by jklovanc · · Score: 1

      Classified information eventually becomes non-classified. It will come it eventually but not in time to be useful to spies and terrorists. The difference is that, in general, police departments are not up against foe with the resources of a foreign power.

    7. Re:Intelligence by jklovanc · · Score: 1

      Due process comes into effect when charges are laid. FISA courts come before that as they only thing they can do is grant warrants. The FISA court does not convict people.. Does a defendant have the ability to testify before his accuser when a warrant is signed? No. Where does the US Constitution say anything about the basis or preceding pertaing to granting a warrant has to be public? What laws are secret?

    8. Re:Intelligence by king+neckbeard · · Score: 1

      The key word there being eventually. However, it's important that the information be kept secret no longer than what is absolutely necessary for an operation. Perhaps there is a weak argument for advantages in keeping some of these orders secret longer, but given the extremely low threat that terrorism poses, it's incredibly difficult to justify.

      --
      This is my signature. There are many like it, but this one is mine.
    9. Re:Intelligence by the+eric+conspiracy · · Score: 1

      That's just the procedural part.

      There is also the substantive part.

      http://identitycrisis.name/?p=19

    10. Re:Intelligence by Anonymous Coward · · Score: 0

      I know of no place in the constitution that ALLOWS a secret court. See, the government can only do what the constitution authorizes, nothing more.

    11. Re:Intelligence by jklovanc · · Score: 1

      If secrets are put out right after an operation is over it is very difficult to run that operation on a different subject again. To me, "as long as absolutely necessarily" is until the techniques used in the operation become obsolete. Terrorism and espionage will be a much higher threat if the techniques used to do surveillance on them become public knowledge.

    12. Re:Intelligence by jklovanc · · Score: 1

      First lets look at the source. Who is identitycrisi.name and what legal background do they have to write such a piece?

      Again, "due process" has to do with "arbitrary denial of life, liberty, or property by the Government outside the sanction of law.". The article is about the TSA and flying on an aircraft is not a right. If you don't want to follow the TSA's regulations you are free to leave the airport by means other than aircraft.

      The point is that if terrorist/spys know the security procedures that can more easily find a way around them.

      You also seem to not see a difference between a regulation and a law. The TSA works by regulations not laws.

    13. Re:Intelligence by 0111+1110 · · Score: 3, Insightful

      Flying on an aircrift is a right. Or more to the point preventing people from flying on an aircraft is a right that the government does not possess. Or can you point out the part of the constitution that grants the government that right? You cannot because it doesn't exist and not just because aircraft didn't exist. Because they would have considered the idea of preventing people from traveling within the borders of their own country to be tyranny almost beyond their ability to imagine. To them it would have been like asking the government permission to breathe.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    14. Re:Intelligence by 0111+1110 · · Score: 1

      OTOH terrorism committed by law enforcement is easier under a veil of secrecy.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    15. Re:Intelligence by cheekyjohnson · · Score: 1

      By law A FISA warrant is a warrant and therefore the Amendment has not been violated. How exactly is the Fourth Amendment violated?

      Here: "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."

      Many of the warrants the FISA court approved are broad and ridiculous.

      --
      Filthy, filthy copyrapists!
    16. Re:Intelligence by king+neckbeard · · Score: 1

      The techniques are common knowledge. What is unknown is the specifics of who and when. It is already known that they can get a warrant/subpeona anywhere within US jurisdiction where there is probable cause.

      --
      This is my signature. There are many like it, but this one is mine.
    17. Re:Intelligence by Anonymous Coward · · Score: 0

      Classified information eventually becomes non-classified. It will come it eventually but not in time to be useful to spies and terrorists.

      Classified info is under no particular timetable. It MAY be declassified on a whim by the original classifying authority, but many things are still classified now where the authors and all involved are long dead, and the info is useful to exactly no one.

    18. Re:Intelligence by catfood · · Score: 1

      You're being "deprived of life, liberty, or property"--the liberty part specifically--by the government going through your communications. That's not inherently unconstitutional if "due process of law" is applied. The (implied?) argument here is that it's not "due process" if the government is acting with more secrecy than is absolutely required for legitimate law enforcement purposes. There is absolutely nothing in the fifth amendment that limits its application to criminal trials. Due process is for everyone, at all times, when "life, liberty, or property" are on the line.

    19. Re:Intelligence by catfood · · Score: 1

      "Particularly" is a key word there. The amendment was in part a reaction to the Crown's use of "general warrants" that put everyone subject to searches. A warrant to search every private residence in your suburb would fail the "particularity" test. Likewise a warrant to trap and capture every phone call in the United States.

    20. Re:Intelligence by jklovanc · · Score: 1

      if the government is acting with more secrecy than is absolutely required for legitimate law enforcement purposes.

      Opinions differ on how much secrecy is "absolutely necessary". There are the opinions of those who have never worked in epionage and the opinions of those who have..

    21. Re:Intelligence by jklovanc · · Score: 1

      To them it would have been like asking the government permission to breathe.

      If one stops breathing one physically dies. That is not the case with air travel. There are other means of travel within the borders of their own country than aircraft. Aircraft travel is a convenience; ot a right. Is it a right to take a loaded firearm onto an aircraft? The government has a right to make laws and regulations to keep air travel safe. That you disagree with the laws and regulations does not make them unconstitutional.

    22. Re:Intelligence by catfood · · Score: 1

      True, but part of living in a free country is that the spies don't get to make decisions for the rest of us about how much power spies should have.

    23. Re:Intelligence by jklovanc · · Score: 1

      There comes the catch 22. If a warrant states that they are capturing communications on a public web site between a certain set of people haw do they do that without capturing all the communication from that web site to filter the ones they are looking for?

    24. Re:Intelligence by jklovanc · · Score: 1

      The techniques are common knowledge.

      That is an opinion. Most people were not aware of the phone taps in the carriers until recently.

    25. Re:Intelligence by catfood · · Score: 1

      The technical answer is "it depends." The legal answer, I am not a lawyer yadda yadda, is "by the least intrusive means that are practical and fulfill the requirements of the warrant." At least that's how federal courts have usually ruled on how much innocent third-party communication they're allowed to capture.

    26. Re:Intelligence by jklovanc · · Score: 1

      They don't. The elected masters of those spies make those decisions. That is the job of the Intelligence Oversight Committee.

    27. Re:Intelligence by jklovanc · · Score: 1

      If the least intrusive means is "capture everything; we;ll sort it out later" then what?

    28. Re:Intelligence by catfood · · Score: 1

      I'm really unclear on what your point is here. I'm arguing for civilian control, and noting that due process isn't limited to arrest and trial. Why the contrary attitude?

    29. Re:Intelligence by jklovanc · · Score: 1

      Because you have yet to prove your points. Without citations it is your opinion that due process is not limited to arrest and trial. I was also pointing out that FISA is civilian controlled as all the judges are civilians. There is a difference between disagreement and acting contrary.

    30. Re:Intelligence by king+neckbeard · · Score: 1

      Okay, the techniques are publicly available knowledge. Happy now?

      --
      This is my signature. There are many like it, but this one is mine.
    31. Re:Intelligence by catfood · · Score: 1

      Oh for heaven's sake. Due process is not limited to arrest and trial because that's the direct simple meaning of the fifth amendment. I'm not going to read it to you again. "Least intrusive means" is classic 4th Amendment doctrine. And while strictly speaking the intel agencies are under civilian control, you were the one disparaging "the opinions of those who have never worked in espionage." This question isn't a matter of proof, it's one of values. Do you want spies to make policy on spying or don't you? Do you have a problem with those policies being set by "those who have never worked in espionage" or do you respect civilian authority? Do you want the courts to be accountable or don't you?

    32. Re:Intelligence by jklovanc · · Score: 1

      I very much doubt that. I would give you 100 to 1 odds that the NSA has some secret techniques.

    33. Re:Intelligence by jklovanc · · Score: 1

      Oh for heaven's sake. Due process is not limited to arrest and trial because that's the direct simple meaning of the fifth amendment.

      That is still not proof. Saying the same thing over and over again does not make it true.

      And while strictly speaking the intel agencies are under civilian control, you were the one disparaging "the opinions of those who have never worked in espionage."

      The member of the Intelligence Oversight Committee get training and briefings on intelligence matters from experts. They are not the average person off the street making assumptions about what is needed and what is not needed.

      Do you have a problem with those policies being set by "those who have never worked in espionage" or do you respect civilian authority?

      I respect informed civilian authority.

      Do you want the courts to be accountable or don't you?

      The FISA courts are accountable to the people who appointed them who are in turn accountable to the people who elect them.

    34. Re:Intelligence by king+neckbeard · · Score: 1

      Phone taps and court orders are known techniques, and appear to make up the majority of the intelligence gathered. If there's a secret besides the lack of real due process, it's probably in the way they analyse the data, not how they acquire it.

      --
      This is my signature. There are many like it, but this one is mine.
    35. Re:Intelligence by jklovanc · · Score: 1

      There is the equipment used which can lead to methods of detecting the specific equipment.

    36. Re:Intelligence by spire3661 · · Score: 1

      You dont understand Liberty at all.

      --
      Good-bye
    37. Re:Intelligence by jklovanc · · Score: 1

      I just define it differently than you do.

  26. The first amendment trumps the gag order. by jcr · · Score: 4, Insightful

    Say whatever you want to say, and demand a jury trial if they want to punish you for it. The great lesson of the fall of the Soviet Empire is that the people outnumber the thugs, and the thugs' power depends entirely on the people's obedience.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
    1. Re:The first amendment trumps the gag order. by Anonymous Coward · · Score: 0

      The Patriot Act is the highest rule in the land, regardless of what you believe. If you doubt that, put yourself where your mouth is and prove otherwise.

    2. Re:The first amendment trumps the gag order. by dryeo · · Score: 2

      The great lesson about the fall of the Soviet Union is that the thugs will regain power over the people. Actually that was also the lesson of the Russian Revolution over the thuggish aristocracy and Czar.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    3. Re:The first amendment trumps the gag order. by Anonymous Coward · · Score: 0

      Funny, I thought the great lesson of the fall of the Soviet Empire is that if you want people to give up all their rights and autonomy, you have to provide them with a certain level of material comfort.

    4. Re:The first amendment trumps the gag order. by Anonymous Coward · · Score: 0

      Say whatever you want to say, and demand a jury trial if they want to punish you for it.

      You have a cool million to spare, brother?

      The great lesson of the fall of the Soviet Empire is that the people outnumber the thugs, and the thugs' power depends entirely on the people's obedience.

      If you turn against state prosecutors, you will have to pay your legal bills. And, thanks to taxation, the prosecution's bills as well. That's the way the system is set up.

  27. Previously: see Nicholas Merril by hazeii · · Score: 1

    Nicholas Merrill stood up to this before, and even gave a talk at 27C3 about it. It's seriously worth watching .

    Favourite quote? Paraphrased somewhat: "If I say something wrong about the gag order, I go to jail or 10 years; if those in power get it wrong in front of congress, they just say sorry."

    --
    All your ghosts are just false positives.
  28. ...and also... by Anonymous Coward · · Score: 0

    ...because people like Pete Ashdwon are pussies of the highest order - placing their own profit above civil liberties. Fuck this guy, he went along with it and didn't even bad an eye. He's just as guilty as the NSA.

  29. Re:NSA equipment: rent space? charge for electrici by AK+Marc · · Score: 1

    I've not gotten a FISA, but for FBI wiretaps, they *do* pay you. Or were you just guessing without having even trying to determine the answer? Someone else even said TFA says they were offered payment.

  30. They host cygwin distributions by klui · · Score: 1

    I recognized them because I use them for my cygwin distribution mirror.

  31. NSA use cover stories by Anonymous Coward · · Score: 0

    The NSA engage in TOTAL surveillance. When a smaller company arises with significant customer traffic that cannot be compromised elsewhere, the NSA (with assistance from other government agencies), fakes (although 'fake' isn't the right word, when the NSA is actually fully authorised by its particular 'star chamber') warrants and the like, and installs total surveillance equipment under the excuse of monitoring a given target.

    The 'gagging' orders do some of the work, but if the owner of the company chooses to have too big a mouth, he/she will experience the usual 'very nasty accident' that leaves the person dead, or in prison for a long time.

    For you sheeple that still don't get it- here's the clue. Think of your government as Al Capone (although, in reality, Capone would be a saint in comparison). Al Capone demands total control, and complete intelligence. He prefers to make arrangements with people, but if that proves impossible, or if lessons need to be taught, there is no limit to his potential anger.

    When 'Al Capone' turns up, and under some laughable excuse states he needs to 'bug' your equipment, you say "Yes sir, fine sir". The more people that bend over, the more the reputation of 'Al Capone' grows, and the more people expect to bend over in the future.

    Google and Microsoft do NOT bend over. Google is actually an R+D division of the NSA. Microsoft is a willing full blown partner. Bill Gates sits at the same table as 'Al Capone', and frequently suggests new ways for increasing surveillance of the sheeple.

    The worse it gets, the worse it gets. You are talking about a system with full blown positive feedback. In the first instance, the elite never guessed the sheeple would be so willing to bend over and take what was proposed. The success of the TSA changed that attitude. If the American sheeple would put up with the TSA, they would accept ANYTHING.

    The power of the NSA comes from a 'Star Chamber' (go do some Google research, you sheeple). 'Star Chambers' exist to be HIGHER than any written set of laws. 'Star Chambers' are careful to include representatives of all powerful groups, regardless of who the sheeple currently think they have elected. There must be no independent powerful dissent against the ruling or operation of 'Star Chambers'.

    The justification the 'Star Chamber' system is always that the well-being of a nation is too important to leave to the vagaries of a political system that meets the current needs of the sheeple. The 'Star Chamber' system is supposed to ensure continuity regardless of the current figurehead stooges that the sheeple think are their current leaders. Sorry, you sheeple reading this, you can NEVER vote the power of the 'Star Chamber' out of office. You are allowed to passively empower your masters, of course, but you are never allowed to choose them.

    What ordinary people CAN do is to say "enough is enough" when it comes to a total surveillance society. Your masters DEMAND total surveillance, but in truth it is still a luxury they can live without. In your own daily life fight against the wrongs. Reject the Xbox One and Google Glass. Insist your school and school district throw out Bill Gates' children database system - a system Gates hides under a shell company called inBloom, a name Gates chose because it is a pedophile pun (pedophiles refer to their child victims as innocent flowers in first bloom).

    Voting doesn't work (not voting does work if the numbers voting fall low enough- forcing a change to the system). You cannot change things top down, no matter what those elite-serving media pundits scream at you in their "good citizens vote" campaigns. However YOU can change things bottom up. Be empowered in your own little world. Push back and encourage others to do the same.

  32. Gag order by jeffmflanagan · · Score: 1

    I understand the need for gag orders so the person being investigated doesn't hear that they're being monitored, but they need to have a reasonable expiration date at which time all may be disclosed.

    1. Re:Gag order by PPH · · Score: 1

      And that would be reasonable as far as an individual target goes. But as Nicholas Merrill pointed out in his talk, discussion of the boilerplate contents of a National Security Letter or the contact by the agent is prohibited forever. Screw up and go to jail.

      You have been recruited as an agent of the security services without your having a say-so. For the rest of your life. And you don't even get an Aston Martin or a date with Pussy Galore.

      --
      Have gnu, will travel.
  33. How this SHOULD play out... by jcr · · Score: 3, Insightful

    If we had a functioning justice system in this country, and a population fully aware of and prepared to defend our rights, this kind of thing would go like this:

    "Hello, 911 emergency. What is your emergency?"

    "Hi, I've just made a citizen's arrest. The perp came in here posing as a federal officer, but he couldn't even recite the oath when he was looking down the barrels of my shotgun." I disarmed him and hog-tied him. The press is on the way, could you send a deputy over here to pick him up, or should I bring him in to the jail?"

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
    1. Re:How this SHOULD play out... by Overzeetop · · Score: 1

      Not even necessary - you can just tell them to leave and lock the door. No, really - you can.

      If they are who they say they are, they'll seize everything you own and throw you in jail until even your dust has decayed. If not, they won't bother coming back.

      See how easy it is to tell if they're real or not?

      --
      Is it just my observation, or are there way too many stupid people in the world?
    2. Re:How this SHOULD play out... by oobayly · · Score: 1

      You have the right to remain silent. Anything you say will blah blah blah blah blah. 1984^H^H^H^H The Simpsons is not an instruction manual.

    3. Re:How this SHOULD play out... by PuZZleDucK · · Score: 1

      We need a Mod +1 "In our dreams"

      --
      Can a person program a new solution to a problem? Why should anyone be able to stop such a thing? -Richard Stallman
  34. Re:NSA equipment: rent space? charge for electrici by Rigel47 · · Score: 3, Insightful

    Indeed, what is the fair market value for smearing excrement on the Constitution? $50/month?

  35. Start by... by Anonymous Coward · · Score: 0

    Facilitating doesn't mean it needs to be free.

    Charge them for:

    1. Access to installations
    2. Hours spend by your engineers
    3. Make them sign a responsibility notice for any damage to your infrastructure
    4. Electricity
    5. Network access within your infrastructure

    1. Re:Start by... by the_bard17 · · Score: 1

      And then you're party to this nonsense. Maybe you can sleep with that on your conscience. I know I can't. Knowing I'd be putting my company at risk by not complying with the order (and thus all of my employees) would make it a hard decision. I suppose it's a good thing I'm not running the show, because I'd still stand up and be civilly disobedient.

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

      Facilitating doesn't mean it needs to be free.

      Charge them for:

      1. Access to installations
      2. Hours spend by your engineers
      3. Make them sign a responsibility notice for any damage to your infrastructure
      4. Electricity
      5. Network access within your infrastructure

      You forgot the most important part:
      6. Organisational measures to enforce the gag order.

  36. They are the best by AndreyFilippov · · Score: 5, Informative

    I'm Xmission customer for 18 years and they are the best. They always notified subscribers of any interruptions of the service even if it happened for 5 minutes in the middle of the night, decribing what went wrong and what have they done to prevent similar problems in the future.
    And I still drive with Pete Ashdown sticker on the back of my car since he ran for the US Senate - but it is not easy do win for a Democrat in one of the most Republican states.

    1. Re:They are the best by Penguinisto · · Score: 2

      And I still drive with Pete Ashdown sticker on the back of my car since he ran for the US Senate - but it is not easy do win for a Democrat in one of the most Republican states.

      Oh, crap! I totally forgot he did that!

      As for his odds? Gotta remember that SLC did elect Rocky Anderson awhile back...

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    2. Re:They are the best by L4t3r4lu5 · · Score: 1

      I'm likening these guys to Andrews and Arnold in the UK. The service they offer is second-to-none.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
  37. Would you rather be in China? by Anonymous Coward · · Score: 0

    Look, you can go along with the law and the courts or maybe you should try out your protest in China. See how you like them apples!

    1. Re:Would you rather be in China? by Anonymous Coward · · Score: 0

      Actually I think you and your thuggish pro-authoritarian friends can go along with the US constitution or you can all fuck off to China. You are trying to turn this country into China or worse and the rest of us aren't too happy about it. The Founders of this country would consider you pro-tyranny people to be the ones who don't belong here. You are the traitors to the very core of what this country used to be about. I can only hope that someday a large enough percentage of the population will be ticked off by all the shit your side is trying to pull and there will be a civil war over whether the US stands for freedom or for an Orwellian dystopia police state.

  38. What's in the box? by PPH · · Score: 5, Funny

    Hello, NSA?

    Remember that box we put in our server room for you a couple of weeks back? Well last night, four heavily armed masked men broke into our facility and held our techs at gunpoint while they removed your box. When they left, all we heard was the sound of their helicopter. It was night, so we didn't see anything. I think they had Russian accents.

    We would have filed a police report, except we are not supposed to discuss the details of you activities with anyone.

    --
    Have gnu, will travel.
    1. Re:What's in the box? by gl4ss · · Score: 1

      Hello, NSA?

      Remember that box we put in our server room for you a couple of weeks back? Well last night, four heavily armed masked men broke into our facility and held our techs at gunpoint while they removed your box. When they left, all we heard was the sound of their helicopter. It was night, so we didn't see anything. I think they had Russian accents.

      We would have filed a police report, except we are not supposed to discuss the details of you activities with anyone.

      better yet. just say that you're not allowed to give comments on the state of the box that has now disappeared.

      --
      world was created 5 seconds before this post as it is.
  39. Welcome to The Cloud by Anonymous Coward · · Score: 0

    That target's web services are hosted in 'The Cloud'. That box you plugged into their Ethernet port? A few hours later, we copied their image to a VM halfway across the country. For load leveling purposes, of course. We'd be happy to unplug and FedEx your equipment to the new location. But we can't guarantee that the account won't have hopped half a dozen times between now and then.

  40. When the NSA shows up at my company by Roachie · · Score: 2

    ... they leave with pallets of stuff- they leave us pallets of money. Great guys.

    --
    This sig is not paradoxical or ironic.
  41. Re:Trading Places by PPH · · Score: 4, Funny

    Dear AC.

    You are being recruited by the intelligence services due to your deep insights into the Trayvon Martin case. You will provide us with assistance and your personal insights into the politics and evidence surrounding this incident.

    However, for purposes of national security, we will be placing a gag order on all of your communications regarding this case. You will not be allowed to divulge the scope of your knowledge, or the content of our communications in any matter regarding Trayvon Martin or Barak Obama.

    Thank you for your support in making this country a safer place.

    --
    Have gnu, will travel.
  42. Re:NSA equipment: rent space? charge for electrici by Lehk228 · · Score: 1

    they pay a lot more than fair market value, why do you think AT&T and Verizon have been jizzing themselves with glee to get all over the warrantless wiretaps? lots of pork spending there

    --
    Snowden and Manning are heroes.
  43. It will all come out in time by Anonymous Coward · · Score: 1

    From the article:

    The FISA court should be a public court, and documents should be sealed for a set period of time, [to] let people audit the actions later.

    It is a public court where the documents are sealed for a set period of time. It just happens that they refer to that seal as classified, but all classified documents are classified for a set period of time. See the Executive Order governing classified information for all the details (especially Section 1.5: Duration of Classification).

  44. Does anyone else... by Bartles · · Score: 2

    ...see a possible 3rd Amendment issue with this? Can the Federal Government force you to quarter a digital proxy of a federal agent? Too big a stretch?

    1. Re:Does anyone else... by White+Flame · · Score: 1

      This isn't in the home. This is forcibly purchasing a business service, so I don't think it counts.

    2. Re:Does anyone else... by Bartles · · Score: 2

      Under the precedent of corporate personhood, a business location is for all intents and purposes a home.

  45. "It wasn’t like a guns and ammo website." by slasher999 · · Score: 2, Insightful

    The subject of my comment is a direct quote from the website. I'm curious as to why the author believes a "guns and ammo" website would warrant this type of surveillance. It seems everywhere you look these days the left is looking to encroach on our rights as American citizens (the provider is based in Utah). The irony here is that the main point of the article seems to be that this type of surveillance is an invasion of someone's privacy and at least an inconvenience to the provider.

    1. Re:"It wasn’t like a guns and ammo website." by Anonymous Coward · · Score: 0

      Thank you - I was hoping someone would flag this comment for the BS that it is.

  46. Salt Lake City != Utah by AndreyFilippov · · Score: 1

    Utah as a state votes 2:1 for Republican candidate, but in Salt Lake City alone it is about 50/50. And Rocky - when Bush's war was going on and he personally was visiting SLC, Rocky organized anti-war event. I was trying to imagine mayor of Moscow (city where I lived so far most part of my life) greeted Mr. Putin in a similar way.

  47. yes, more or less the same, but rare for laws by raymorris · · Score: 1

    Yes, it's similar in the US. Local courts routinely rule that an ACTION was illegal because it was unconstitutional - that a specific search was illegal, for example. In those cases, they are ruling that one cop was wrong. It's far less common that they strike down a LAW, such as the Foreign Intelligence Surveillance Act. To do so, they are overruling Congress, the people's elected representatives. The courts rightfully show more deference to the carefully considered acts of Congress than to in-the-moment decisions by one cop.

  48. You truther loony! by Anonymous Coward · · Score: 0

    But seriously, I agree with you. The US has always had an interest in perpetuating attacks against their citizens.

    For those that disagree, grow the fuck up and read history.

  49. best laws leverage human failings by raymorris · · Score: 2

    The founding fathers wrote that they tried to create a system in which greed and other human failings would end up resulting in good. The Consitution is designed that way. The principle is sound, as shown by our economic system. (ppeople are greedy and want "stuff". Society wants work done, investment made, and educated people. Set up system where greed results in investment, education, and hard work.)

    A Constitutional example is balance of power.
    Congress critters are power hungry. So are presidents. So they set it up where one of the best ways for a president to gain power is by taking it from Congress, and Congress can get power by taking it from the president. Each politician's quest for power takes it from other politicians, so it keeps them balanced, avoids dictatorship.

    Of course some people live in "wouldn't it be great" land and keep passing laws that only work if everyone is highly moral. For example, they assume if you pass a law paying people who "can't find" work for three solid years, you and I will keep paying their bills for years, no-one will put off working just because we're paying their bills for them.

    They pass laws putting government bureaucrats and politicians in charge of the most important, private things in our lives, and assume that not only will the government bureaucrats be good guys, they'll also be highly competent and do a good job. Those are the bad laws, in my opinion, because politicians are neither magnanimous nor highly competent.

    1. Re:best laws leverage human failings by bickerdyke · · Score: 1

      A Constitutional example is balance of power.
      Congress critters are power hungry. So are presidents. So they set it up where one of the best ways for a president to gain power is by taking it from Congress, and Congress can get power by taking it from the president. Each politician's quest for power takes it from other politicians, so it keeps them balanced, avoids dictatorship.

      And then we undermins said system by creating entities whose powers can't be controlled because the extent of their powers is classified as top secret.

      --
      bickerdyke
  50. That's too many charge by ub3r+n3u7r4l1st · · Score: 1

    Try the one-size-fit-all charge:

    http://en.wikipedia.org/wiki/Obstruction_of_justice

    1. Re:That's too many charge by gl4ss · · Score: 1

      Try the one-size-fit-all charge:

      http://en.wikipedia.org/wiki/Obstruction_of_justice

      that's not how they do things. slapping everything possible is the new norm.

      --
      world was created 5 seconds before this post as it is.
  51. So gun websites should be monitored? by brainchill · · Score: 2, Interesting

    It started out sounding like an interesting article but I wanted to stop reading and write the guy off as an bigot and an idiot here ... "The customer they were monitoring was a particular website that was very benign. It seems ridiculous to me. It was beyond absurd. It wasn’t like a guns and ammo website."

    1. Re:So gun websites should be monitored? by Drakonblayde · · Score: 1

      I don't think he was saying that. The government does pay attention to home grown terrorists, Tim McVeigh made sure of that. As such, you're more likely going to find that gun nut websites are more likely to attract federal attention than a website about fluffy kittens.

      I do think he should be a little more specific than just a guns and ammo website though. The majority of gun nut (and I'm not using that term as a pejorative) websites I've participated in have a heavy law enforcement population, so NSA monitoring would be a bit redundant.

    2. Re:So gun websites should be monitored? by pashdown · · Score: 1

      My intent was to express that the nature of the customer's business was beyond any suspicion warranting surveillance under an act that is supposed to protect us from foreign terrorism. Maybe it was just an elaborate front, but I tend to believe it is more incompetence than conspiracy.

    3. Re:So gun websites should be monitored? by thejynxed · · Score: 1

      Not when you realize that local and state police are ALSO being monitored, just like regular peons, and trusted only a smidgen more, if that.

      --
      @Mindless Drivel: 100% of Twitter posts ever Tweeted.
  52. Re:NSA equipment: rent space? charge for electrici by jamesh · · Score: 1

    Indeed, what is the fair market value for smearing excrement on the Constitution? $50/month?

    What kind of excrement?

  53. Apply some technology here? by Bruce66423 · · Score: 3, Insightful

    A big visible camera - and a smaller hidden one - at the entrance to your building with microphones, so you make sure that the identity of the agents is very public information when they present themselves at your front door. Reading out of the warrant at the time of reception as is legally acceptable, would probably blow the investigation as soon as it starts. We need to play legal games the same as they do.

  54. Gaming opportunities aboud... by Bruce66423 · · Score: 1

    1) The outside door is locked; no admission without identification. Any federal agent must present his warrant - not just id - to gain admission - which will be viewed by cameras that send the image overseas. 2) The warrant is not active until served. Therefore emailing all clients as soon as an agent states 'We are here to serve a warrant' is totally legitimate. 3) Make sure you have visible and invisible cameras at the front desk. Also a button on the desk that the receptionist presses as soon as a person declares themselves to be federal agent 4) An area of consecrated ground on which guns are banned on the way into the entrance hall. A sign warning that this is the case, with an arrest following immediately that the alleged federal agents enter the area. As they are under arrest, they are no longer legally entitled to serve the warrant, which can then be freely copied / distributed etc. 5) Control of the entry door is by a person located in a foreign jurisdiction.

    1. Re:Gaming opportunities aboud... by Overzeetop · · Score: 1

      I'll just copy and paste part of my response from above:

      None of that is necessary - you can just tell them to leave and lock the door. No, really - you can.

      If they are who they say they are, they'll seize everything you own and throw you in jail until even your dust has decayed. A warrant won't even be required as you will have impeded a federal investigation. Far more can be done with paper than with guns.

      Oh, and that warrant you're trying not to have served...they have the local sheriff's deputy hand deliver it to you at home, or they'll wait for you to leave the house and deliver it to you wherever you happen to be going. Service of legal documents is really not that hard, and it doesn't have to be at the place of business - just to an officer of the company wherever they happen to bump into you.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    2. Re:Gaming opportunities aboud... by Anonymous Coward · · Score: 0

      The consecrated ground bit is a pretty weak idea, as the agents wouldn't need weapons to serve the warrant, and could simply enter unarmed (also, I'm really not sure if that prohibition would even have any legal force). However, the foreign jurisdiction idea is intriguing. You'd employ a contractor overseas monitoring the door feed online, who'd be free to publish anything.

  55. Old Testament Law versus federal law by MikeRT · · Score: 3, Interesting

    When I read Leviticus and Deuteronomy, what struck me the most about them was how fair they were to the defendant. Modern liberals and even many conservatives roll their eyes and treat the Old Testament Law as barbaric, but in reality it was actually more advanced in protecting the defendant than our system. Nothing equivalent to a felony (that I can remember) in the Old Testament was convictable with less than two credible eye witnesses and the punishment for false testimony was to be punished according to the standard for the charges. That means anyone who bears false witness in a murder case is automatically going to be executed no matter the guilt or innocence of the defendant. The "testilying" cops of today would be mercilessly stoned to death under Old Testament Law and if the defendant could prove that the prosecutor knowingly brought their perjury into the case could possibly get the prosecutor executed as well.

    I'd like to see that standard of perjury brought to our legal system and I'd also like to see the Old Testament's open court proceedings where more than one person can be convicted simultaneously in the same proceeding as well. Cases would take longer, but it would provide a lot of balance. For example, today a defense attorney would be allowed to bring charges against a testilying cop and have the jury consider the perjury charges during their deliberations.

    At one point, I saw a stat saying that there about 600-700 laws in the Old Testament that cover the entire civil-criminal-religious legal life of ancient Israel. There are approximately 4,200 federal criminal acts one can commit. Many of these are not even genuine crimes but charges that can be used to get around the 8th amendment like "possession of a firearm while committing a drug crime." Really. Either you are actually committing a violent felony with said firearm or it's just a way of overcharging someone for a fact that is at best ancillary to the primary criminal act.

    1. Re:Old Testament Law versus federal law by girlintraining · · Score: 1

      ... the Old Testament laws lacked a jury. And it overprescribes death. Any system of justice that can't admit it might be wrong isn't a system of justice at all. That's why I'm against the death penalty (and religious fundamentalism): It says "Death to ______ [insert group here]" without considering it might later turn out that those riding high on mob mentality might be mistaken, and now there's a lot of extra corpses.

      --
      #fuckbeta #iamslashdot #dicemustdie
    2. Re:Old Testament Law versus federal law by Reziac · · Score: 1

      So take the OT system and add our modern jury system (with similar penalties to crooked jurors, should any arise... tho the research I've seen indicates that on the whole, jurors are meticulously honest if not necessarily wise). Get rid of plea-bargaining while we're at it.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    3. Re:Old Testament Law versus federal law by Anonymous Coward · · Score: 0

      When I read Leviticus and Deuteronomy, what struck me the most about them was how fair they were to the defendant. Modern liberals and even many conservatives roll their eyes and treat the Old Testament Law as barbaric, but in reality it was actually more advanced in protecting the defendant than our system.

      Keep reading... don't forget the part about executing a woman if her parents can't produce the hymen-stained bedsheets after her wedding night.

  56. This is also a video you should watch about this by Lennie · · Score: 2

    http://www.youtube.com/watch?v=eT2fQu50sMs
    http://events.ccc.de/congress/2010/Fahrplan/events/4263.en.html

    The importance of resisting Excessive Government Surveillance [27C3]

    About "National Security Letters".

    --
    New things are always on the horizon
  57. Re:This is also a video you should watch about thi by Lennie · · Score: 1

    This one has better picture quality:

    http://www.youtube.com/watch?v=-6xsv4azzpc

    --
    New things are always on the horizon
  58. Re:NSA equipment: rent space? charge for electrici by Anonymous Coward · · Score: 0

    How about "Co-lo charges: $10,000 per day - discounted to $10 per day if you allow us to list you as a customer on a live data-center web cam". Other customers view web cam and see "Hmm, unlabelled box there - and no sane person will be willing to pay $10k per day for that to be co-loed: therefore NSA equipment". I wonder if that sort of thing would get around the "secrecy" side of things.

  59. Reverse canary by Arancaytar · · Score: 2

    The idea of explicitly stating that you aren't under a gag order has been addressed a few times, and I'm not sure it works - can you really not be forced to explicitly keep lying about it? After all, you'd have to lie in response to a direct question as well. Otherwise you could just tell your customers to regularly ask you about gag orders.

    However, consider this: If you are not under a gag order, then it is not illegal to lie and say you are. (Except under oath.) Yet if you are under a gag order, saying you are would be illegal.
    Thus, if you publically and untruthfully state (in messages or on your website) that you are under a gag order, then an actual gag order would force you to remove that statement. That removal then becomes the warning.

    The gag order couldn't reasonably force you to tell people about it and not tell people about it.

  60. If they have a FISA Warrant, by Anonymous Coward · · Score: 0

    They are not violating your Constitutional Rights. If they want to monitor you without a warrant, that is unconstitutional.

  61. No copy is interesting by Anonymous Coward · · Score: 0

    The constitution just says 'reasonable'.
        200+ years of laws and court proceedings are what define this term.

    Still, what seems reasonable to this citizen is:

    The ISP is an affected third party, not the potential perp.
        Seems like he should be in a stronger position.

    I thought for a warrant to be valid, it needs to be served.
          Which means the ISP should get a copy.
              This means he gets to keep it.
                But doesn't mean he can disclose it in public.
                        At least without legal peril.

    Taking the warrant before the ISP has a chance to verify and challenge certainly seems unreasonable.
          (This appear not to have happened in the article)
      Taking the warrant after the execution limits the opportunity for audit, thoughtful study, and feedback to the court that issued it.
        ( I'd hope that this is unreasonable as well.)

    But it seems he and his lawyer should be able to study it.
            If he gets in trouble for doing the tap, there should be a way to use it in private for defense.
            If he wished to verify the warrant, there should be a process, not dependent on the folks who brought it.
            If the warrant would/did disrupt, then he should be able to talk to the judge who issued it to make sure they understand what they have asked for.

    If those executing the warrant feel that the time taken to do the above, might cause the information they are trying to get to disappear,
        then maybe the process should be to shutdown/secure the servers, watch in place but don't touch, have the talks, and then take what is agreed.
            This might only extend the process a few hours assuming the judge and requesting party are on call.
                  If they are not on call, then those serving the warrant should leave and come back when they are.

    It would seem that the definition of 'reasonable' needs some work in this area.

       

  62. Colo in Venezuela by Anonymous Coward · · Score: 0

    I have a 2U machine colocated in Venezuela. I am relatively certain the NSA will not be able to gain physical access to it there. Nevertheless, that did not stop me from also incorporating some physical security measures.

    First, I installed a pager network receiver that must receive a correct boot key before my EFI firmware will boot. I basically send a page with the correct string of numbers for the given time of day (there is enough slack in my custom algorithm to handle latency in the delivery of the message), and the system will power up. I can also send a number of kill codes that will do anything from power it off to block-erase the SSDs (no platters in this one - they take too long to blank).

    Second, there is a photodetector inside the case that runs off of a set of Lithium Thionyl-Chloride batteries that shuts off the power supply if light is detected inside the case. This circuit is also triggered on any loss of Ethernet link, or the insertion of any USB device (although that would be difficult since I destroyed all of the USB connectors on the motherboard before shipping it down there).

    Third, there is an accelerometer that detects any movement of the case. If someone attempts to remove the chassis from the rack that it's in, it triggers the P/S kill switch. It has triggered a couple of times from being jarred, but that's a minor inconvenience.

    All of the drives are encrypted, as well as the VHDs contained on them (second layer), and are unlocked via remote biometrics.

    I feel like it's pretty secure from NSA spying.

    1. Re:Colo in Venezuela by MooseTick · · Score: 1

      All that sounds cool, but what do you have that is so valuable that needs that kind of protection yet also needs to be available to the masses on the internet?

    2. Re:Colo in Venezuela by Anonymous Coward · · Score: 0

      It doesn't need to be available to the masses. It only needs to be available to me.

      And it has nothing to do with value. It has everything to do with stopping the oppressive regime in the United States from violating my civil rights when it comes to my data.

  63. Official Forms by Anonymous Coward · · Score: 0

    If nobody is allowed to know what an FISA court order looks like, then how do you verify its authenticity? Somebody intent on corporate espionage would to well by creating an official looking FISA court order.

  64. Plausible deniability for the win! by RobertLTux · · Score: 1

    what you could do is have a small list of conditions that could cause no notice cutoff. Include "law enforcement directives" as one of those and you are gold.

    --
    Any person using FTFY or editing my postings agrees to a US$50.00 charge
  65. which pisses off freshman Congress, Obama makes la by raymorris · · Score: 1

    Which pisses off newer congress critters who think they should have oversight, and they begin hearings. In the last 50 years, the president has been allowed to take too much power from Congress, though. Just last week Obama unilaterally decided to rewrite the health care law himself, which is absolutely the purview of Congress, not the president. That's absurd, and Congress has allowed that shift to happen.

    At the same time, the voters have allowed, and sometimes demanded, that both Congress and the president far exceed their constitutional power, stripping that power from the states. The Consitution says most government functions should be handled at the state and local level, where citizens can more directly affect it. We've abdicated our role as citizens of our states by insisting that the federal government force our ideas on other states, and thereby move the power further away from the people.