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Lavabit Case Unsealed: FBI Demands Companies Secretly Turn Over Crypto Keys

jest3r writes "Lavabit won a victory in court and were able to get the secret court order [which led to the site's closure] unsealed. The ACLU's Chris Soghoian called it the nuclear option: The court order revealed the FBI demanded Lavabit turn over their root SSL certificate, something that would allow them to monitor the traffic of every user of the service. Lavabit offered an alternative method to tap into the single user in question but the FBI wasn't interested. Lavabit could either comply or shut down. As such, no U.S. company that relies on SSL encryption can be trusted with sensitive data. Everything from Google to Facebook to Skype to your bank account is only encrypted by SSL keys, and if the FBI can force Lavabit to hand over their SSL key or face shutdown, they can do it to anyone."

361 of 527 comments (clear)

  1. https by jobsagoodun · · Score: 5, Funny

    Luckily I browse my favourite sites like /. using http so I'm not affected by this.

    1. Re:https by Anonymous Coward · · Score: 5, Interesting

      Your favorite site also bans random TOR exit nodes from browsing it. I can understand banning posting to prevent spam and such, but browsing ? That's just moronic. It also craps when the IP of the user changes during editing/posting.

      Slashdot, please get on with the times, you are probably the legal site most visited by TOR users. You need to add HTTPS and improve TOR support.

    2. Re:https by NatasRevol · · Score: 5, Funny

      I'm sure the beta will fix this.

      It's one of the areas they're working on.

      --
      There are two types of people in the world: Those who crave closure
    3. Re:https by thevirtualcat · · Score: 2

      In Slashdot's defense, they are probably just repurposing a system to ban the IP addresses of abusive users. Why build a second, paralell system for TOR users when the system that's already in place does the job just fine?

    4. Re:https by aliquis · · Score: 5, Funny

      Wait for your turn!

      They are still trying to figure out these non-ASCII char sets.

    5. Re:https by geekoid · · Score: 2

      Why would they need to add https? To encrypt the text you are posting publicly? What is the impact of a MITM attack for a /. user?

      Not very much, is anything.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    6. Re:https by AmiMoJo · · Score: 2

      If it is encrypted they can't see what page you are browsing, or trivially associate your IP address/subscriber details with your Slashdot UID. Of course they could do all that stuff with some effort anyway, but we need to make it as hard and computationally intensive as possible. That's one of the best ways to thwart mass surveillance.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    7. Re:https by Valdrax · · Score: 1

      What is the impact of a MITM attack for a /. user?

      Mostly in snagging your password if you, like most users, reuse passwords. Also, if you wish to use a pseudonym that you don't want tracked back to you, it's impossible without SSL covering what pages you view and what you post.

      --
      If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
    8. Re:https by lgw · · Score: 5, Insightful

      Because I'd prefer my employer not to know my /. UID?

      Never ask "why do you want privacy"; that's always a stupid question. Privacy is simply an integral part of the two prime human goals: liberty and dignity.

      This is a fundamental mindset change that's needed in developers! We've learned to write software that uses the least possible privilege, as the core of security. We need to learn to write software that offers the most possible privacy, as the core of human rights.
       

      --
      Socialism: a lie told by totalitarians and believed by fools.
    9. Re:https by geoskd · · Score: 2

      Why would they need to add https? To encrypt the text you are posting publicly? What is the impact of a MITM attack for a /. user?

      Might improve the quality of some of the posts...

      --
      I wish I had a good sig, but all the good ones are copyrighted
    10. Re:https by phorm · · Score: 1

      Honestly, what's the point of browsing /. using TOR? I'm fairly sure it's the posts which might get some people a little "extra attention"

    11. Re:https by Anonymous Coward · · Score: 1

      Odds are your employer can find out what you're browsing anyway if you're doing it on a company system.

    12. Re:https by marcosdumay · · Score: 1

      I'm sure it will make it possible to post non-ascii characters too.

    13. Re:https by NatasRevol · · Score: 1

      Oh, hell no.

      --
      There are two types of people in the world: Those who crave closure
    14. Re:https by Actually,+I+do+RTFA · · Score: 1

      Never ask "why do you want privacy"; that's always a stupid question.

      That's not what the question was. The question was "What are you worried about, because everything you post on /. is public"

      That's a subtly different and legitimate question. After all, am I worried about the "lack of privacy" inherit in picketing or shouting from a soapbox? No. Those are meant to attract attention.

      Now, you had a valid point that the person asking the question likely never thought of. Although there is no reason to protect the data, there is a reason to protect the source. The pseudonymous (or even anonymous) source of the post not getting tied to a real identity has a lot of value. But it is more likely to be an unconsidered aspect of this venue, and should be addressed as an oversight - not a chance to tirade about privacy.

      --
      Your ad here. Ask me how!
    15. Re:https by j-turkey · · Score: 1

      Liberty and dignity...and the right to troll anonymously. ;)

      --

      -Turkey

    16. Re:https by Gr8Apes · · Score: 1

      Regarding the employer - that's not a valid issue - I'd rather they not know I was browsing /. in the first place. That's accomplished via a simple ssh tunnel to a remote system. Done correctly, it could resolve to www.shopforunmentionables.com and look like valid 443 traffic.

      --
      The cesspool just got a check and balance.
    17. Re:https by aliquis · · Score: 1

      Yeah... That must be it.

    18. Re:https by LordLucless · · Score: 1

      There's a difference between "right to privacy" and "right to slack off at work without my boss finding out about it".

      Access slashdot on your own time, from your own equipment, and your boss will never know your UID, https or no.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    19. Re:https by L4t3r4lu5 · · Score: 1

      Because I'd prefer my employer not to know my /. UID?

      So don't post from work. If you must, don't post anything which is a contravention of your workplace policies. Don't post specifics about your workplace. Posting on your lunch break? It's still a company asset you're using, taking up company bandwidth and electricity, sat in a company chair in front of a company desk in a company building.

      This is basic stuff, and it's nothing to do with human rights. Human rights prevent you from unreasonable search from the government, not private enterprise, and especially not from someone paying you for your time and effort. If you don't like your employer knowing what you do on his computer, there's the door.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    20. Re:https by Paul+server+guy · · Score: 1

      Damn it. I logged in just hoping that I'd have mod points for this...
      Yes, we need to simply WRITE THIS STUFF THE RIGHT WAY!

      --
      Your Moon, Your Mission, Get involved! http://www.openluna.org
    21. Re:https by Reziac · · Score: 1

      Privacy is what tells you you're a person, rather than being property. Property can be 'inspected' any time the owner wishes.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  2. Nothing left to do by Anonymous Coward · · Score: 5, Insightful

    Understandable that he shut down.
    The USA is ruled by evil bastards that have no respect for the citizens.
    Time to revolt is now.

    1. Re:Nothing left to do by fustakrakich · · Score: 5, Funny

      You already ARE revolting!

      --
      “He’s not deformed, he’s just drunk!”
    2. Re:Nothing left to do by Anonymous Coward · · Score: 5, Funny

      That's the worst haiku I've ever read.

    3. Re: Nothing left to do by fizzer06 · · Score: 2

      Land of the free, home of the brave?

    4. Re:Nothing left to do by Lunix+Nutcase · · Score: 3, Insightful

      You mean the time is now for others to revolt while you sit in the basement playing armchair general. Who about you actually di something rather than just make empty threats?

    5. Re: Nothing left to do by Anonymous Coward · · Score: 3, Insightful

      Land of the cowards, home of the slaves.

      Where else in the world can people be so cowed while simulatenously bragging about their right to go armed?

    6. Re:Nothing left to do by Lunix+Nutcase · · Score: 1

      How not who and di = did.

      *facepalm* on my part.

    7. Re:Nothing left to do by wonkey_monkey · · Score: 5, Funny

      *facepalm* on my part.

      *facepalm* on your face like everyone else. Dirty boy.

      --
      systemd is Roko's Basilisk.
    8. Re:Nothing left to do by Anonymous Coward · · Score: 5, Funny

      You mean the time is now for others to revolt while you sit in the basement playing armchair general. Who about you actually di something rather than just make empty threats?

      Surely you're not suggesting that this AC is some sort of...coward...are you?

    9. Re: Nothing left to do by jedidiah · · Score: 3, Insightful

      It's almost like there's more than one person wandering around.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    10. Re:Nothing left to do by NewWorldDan · · Score: 4, Interesting

      And if you get one of these national security letters or other absurd warrant from the feds, publish it. The right of the press to publish otherwise classified material was affirmed in the 1971 case New York Times Co. v. United States, although that was a pretty weak ruling. But unless you've agreed to keep something secret, you're theoretically free to do with it as you like. Also, I'm not a lawyer and you shouldn't take your legal advice from the internet.

    11. Re:Nothing left to do by Saithe · · Score: 1

      *facepalm* on my part.

      *facepalm* on your face like everyone else. Dirty boy.

      That's the head he's thinking with anyway, so why not.

    12. Re:Nothing left to do by Kickasso · · Score: 1

      I thought it was a limerick.

    13. Re:Nothing left to do by sociocapitalist · · Score: 3, Insightful

      Understandable that he shut down.
      The USA is ruled by evil bastards that have no respect for the citizens.
      Time to revolt is now.

      It's basically your fault there will be no revolution because you decided not to put an exclamation point which, very appropriately,sums up the attitude of most Americans about anything other than sports, shitty beer and big tits.

      --
      blindly antisocialist = antisocial
    14. Re:Nothing left to do by AmiMoJo · · Score: 1

      In the UK we have something called parliamentary privilege. Basically a member of parliament can say anything they like in the house with full immunity from prosecution and lawsuits. In the past MPs have used to it break injunctions and so forth. If you had something like that to leak you could try giving it to an MP.

      Doesn't the US have anything like that for senators?

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    15. Re: Nothing left to do by lgw · · Score: 2

      We have this system of "checks and balances": as long as the government checks come every month, people are satisfied with the balance.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    16. Re:Nothing left to do by SteveFoerster · · Score: 3, Interesting

      Yes, the U.S. has the equivalent to parliamentary privilege, and it's been used in living memory rather famously. During the Vietnam War era, Mike Gravel, a Senator from Alaska, included the Pentagon Papers into the Congressional Record, meaning they were then publicly available. He was protected by Article I, Section 6 of the Constitution, which among other things says about members of Congress that "for any Speech or Debate in either House, they shall not be questioned in any other Place." ("Speech" includes inclusions into the Congressional Record.)

      --
      Space game using normal deck of cards: http://BattleCards.org
    17. Re:Nothing left to do by davester666 · · Score: 1

      But he did give them the SSL key, just printed in a small font.

      While the gov't did complain that it was unusable in court, I'll bet they also did high-resolution scans on the pages, then applied OCR to get the actual key. And if it didn't work, they just threw a couple of interns to fix the OCR errors, because it only was 12 pages of numbers.

      --
      Sleep your way to a whiter smile...date a dentist!
    18. Re: Nothing left to do by davester666 · · Score: 1

      The other guy is a terrorist!

      --
      Sleep your way to a whiter smile...date a dentist!
    19. Re:Nothing left to do by davester666 · · Score: 2

      While the press is free to publish it, you are not free to give it to them. The rubber-stamp judges say so.

      --
      Sleep your way to a whiter smile...date a dentist!
    20. Re: Nothing left to do by Aighearach · · Score: 1

      Your cowardly words do not enslave me. Words cannot make me a slave.

    21. Re:Nothing left to do by SuperTechnoNerd · · Score: 1

      Such as?
      And if you say something like vote out the "bad guys" and vote in the "good guys" I'll smack you..

    22. Re:Nothing left to do by Flere+Imsaho · · Score: 1

      Welcome to the watchlist, citizen

      --
      It gripped her hand gently. 'Regret is for humans,' it said.
    23. Re: Nothing left to do by gmanterry · · Score: 1

      Land of the free, home of the brave?

      Our country (U.S.A.) was founded on having three separate branches of government. The Executive Branch controls and has access to all the data from the NSA. The NSA, the FBI and the CIA all work for the President of the United States. How can Congress and the Supreme Court sit idley by and let the Executive Branch read their emails and track their phone calls? The founding premise of this nation has been violated and the President has been given the "Keys to the Kingdom". The previous resident of the White House was not tech savvy or anything savvy for that matter. However this President is tech savvy and knows how to use that data. And every President from now on will also. We no longer have a Republic when one and only one branch of government can spy on the other two. How can the people, the Congress and the Supreme Court not see this? This country is so screwed!

      --
      Since when is "public safety" the root password to the Constitution?
    24. Re: Nothing left to do by JohhnyTHM · · Score: 1

      I, for one, welcome our heavily-armed transgender overlords.

  3. Why? by jbmartin6 · · Score: 4, Insightful

    I don't see why they would want the SSL key, when presumably they have easy access to the data on the servers under the laughable "due process" already in place. Why would they want to intercept the traffic when they could just read it off the server?

    --
    This posting is provided 'AS IS' without warranty of any kind, implied or otherwise.
    1. Re:Why? by jareth-0205 · · Score: 5, Informative

      I don't see why they would want the SSL key, when presumably they have easy access to the data on the servers under the laughable "due process" already in place. Why would they want to intercept the traffic when they could just read it off the server?

      Because presumably the whole point of Lavabit is that the stored email was encrypted based on a key that only the user had, so in-transit is the only place they could see it.

    2. Re:Why? by Jose · · Score: 4, Informative

      Why would they want to intercept the traffic when they could just read it off the server?

      from TFA: ....But Lavabit offered paying customers a secure email service that stores incoming messages encrypted to a key known only to that user. Lavabit itself did not have access.

      --
      The basic sleazeware produced in a drunken fury by a bunch of UCBerkeley grad students was still the core of BIND. --PV
    3. Re:Why? by cold+fjord · · Score: 2, Interesting

      If you read the article, they demanded the SSL key since Lavabit did not comply with the earlier order. All the Feds originally wanted was metadata for one user. Lavabit could have provided that, but refused. The prosecutors asked they be held in contempt of court, and then asked for the SSL keys. This is on Lavabit.

      Edward Snowden’s E-Mail Provider Defied FBI Demands to Turn Over Crypto Keys, Documents Show

      “The representative of Lavabit indicated that Lavabit had the technical capability to decrypt the information, but that Lavabit did not want to ‘defeat [its] own system,’” the government complained.

      U.S. Magistrate Judge Theresa Buchanan immediately ordered Lavabit to comply, threatening Levison with criminal contempt — which could have potentially put him in jail.

      By July 9, Lavabit still hadn’t defeated its security for the government, and prosecutors asked for a summons to be served for Lavabit, and founder Ladar Levison, to be held in contempt “for its disobedience and resistance to these lawful orders.”

      A week later, prosecutors upped the ante and obtained the search warrant demanding “all information necessary to decrypt communications sent to or from the Lavabit e-mail account [redacted] including encryption keys and SSL keys.”

      --
      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:Why? by Anonymous Coward · · Score: 5, Interesting

      Actually, they did not have access to the site (that would have been overly broad and unconstitutional), but lavabit was forced by the court to install a packet dumper. So FBI had the full encrypted streams of all user sessions. FBI then requested the SSL key that would unlock all stored streams. The court reasoned that because the site uses a single SSL key for all users, that's lavabit's fault and agreed that the request is not overly broad.

      Luckily there's a simple technical fix for this: perfect forward secrecy in HTTPS, using RSA DiffieHellman or ECDH key exchange. The encryption key is ephemeral and the SSL private key cannot be used to perform a passive attack on the sniffed. FBI/NSA is forced to perform a MIM on the very sessions they target; if done on the scale of the whole internet, this would be easily detected.

      All HTTPS servers should ship with this cypher suite as the default.

    5. Re:Why? by bluefoxlucid · · Score: 4, Interesting

      The best part is they said here that they wanted the "Root Certificate", which would allow them to sign new keys. Caveat: that's just a trust model, allowing them to replace LavaBit's SSL key. What they wanted was LavaBit's site SSL private key.

      Let's say that the NSA got the Verisign Root Certificate and started using it to sign Verisign CSRs. A CSR includes the public key (certificate), but not the private key. The public key is already known. The NSA gains ... nothing.

      Now if they get the Google Gmail SSL private key, they can decrypt the SSL session handshake and key exchange. The key exchange exchanges a symmetric encryption key for AES or RC4 (yes RC4 is secure; yes I know it's used in WEP, which uses a new NONCE for every packet, and in their implementation they generate insecure NONCE/IV pairs and you can collect millions of these and crack it. Not applicable here). With Gmail's SSL private key, the NSA can decrypt the symmetric session key exchange and use that key to decrypt your session and read your e-mail.

      That's the difference.

    6. Re:Why? by CanHasDIY · · Score: 5, Insightful

      If you read the article, they demanded the SSL key since Lavabit did not comply with the earlier order. All the Feds originally wanted was metadata for one user. Lavabit could have provided that, but refused. The prosecutors asked they be held in contempt of court, and then asked for the SSL keys. This is on Lavabit.

      Yes, how dare the impudent bastards attempt to protect their customers from illegal surveillance!

      Seriously, I think you just posited a digital variant of the 'skinny jeans defense' rapists use.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    7. Re:Why? by Anonymous Coward · · Score: 3, Informative

      Why would they want to intercept the traffic when they could just read it off the server?

      from TFA: ....But Lavabit offered paying customers a secure email service that stores incoming messages encrypted to a key known only to that user. Lavabit itself did not have access.

      The message contents, yes. But the header information they did have access to, as it's necessary for delivery. And that information is what the FBI wanted, and that information is what was all protected by a single SSL cert.

    8. Re:Why? by Richard_at_work · · Score: 1

      Having SSL key access means they can capture stuff in transit, which means that either the end user key or the plain text decrypted email must be in transit... So, where is it transiting to and from? Or we're the FBI injecting something onto the page during transit to capture stuff in the users browser?

      Does Lavabit do the decryption on the client end, or does the client send their key to the server? What exactly is going on?

    9. Re:Why? by squiggleslash · · Score: 5, Interesting

      Well, I read the court documents and it appears the sequence of events went something like:

      1. FBI asked for real time details of (Snowden? Everyone thinks Snowden, the request was one day after it was revealed he has an account with Lavabit) an account, specifically metadata relating to email exchanges.

      2. Lavabit didn't respond.

      3. FBI got pissed, involved courts

      4. Lavabit made an offer to provide the information on a monthly basis, rather than a realtime basis, and asked for payment of $3,500 ($2,000 for labor and I can't remember what the other $1,500 was.)

      5. FBI threw a fit, announced that instead they were now asking for a box to be installed to intercept communications. The box would be programmed to only transmit the required information about person-we-think-is-Snowden, but because of the way it's designed would require Lavabit's SSL keys.

      5. Lavabit: Nu-uh.

      6. Courts: Uh yeah, we're siding with the FBI on this one.

      7. "But I don't trust the government to only intercept $PROBABLY_SNOWDEN's records. Also I want to talk about this case, first amendment and whatnot."

      8. Courts: "Well the government doesn't trust you, has good reason not to trust you based on your history of non-cooperation, and I don't care whether you trust it, established precedent says you have to cooperate. Also I'm not going to let you tell anyone about anything so there."

      At this point the courts started threatening fines. Lavabit gave up its key but in a way designed to piss off the FBI, which, of course, pissed off the court too. Court started imposing fines. Lavabit shut itself down.

      My reading:

      1. Lavabit wasn't as principled as claimed by Glenn Greenwald et al. They did actually plan (or told the courts and the FBI they would anyway) to release the records relating to $PROBABLY_SNOWDEN to the FBI. At best you can argue they were lying, but how's that showing integrity?

      2. Lavabit made a number of elementary legal mistakes from the beginning, even avoiding using a lawyer in the first hearing. These mistakes made it easy for the FBI to argue that they couldn't trust Lavabit to do what Lavabit was offering to do. Lavabit should have contacted the FBI immediately, made it clear their concerns, and not made a clearly bad-faith offer to provide something useless to the FBI - I don't mean they should have offered something useful, they should have said instead "Look, this is a major problem for us, we have to investigate further and determine something that can satisfy the law and your requirements that does not damage the integrity of our system", and had a lawyer work with the courts on this.
      3. Notwithstanding the above, the court's refusal to allow Lavabit to talk to politicians et al about the basic principles in the case seems absurd and completely unconstitutional. Given the circumstances, I have to assume that Snowden was the target - if $RANDOM_DRUGDEALER was the target, Lavabit going to a politician and saying "We've been told to hand over records of one of our 50,000 users" wouldn't tip anyone off.

      This is a total fuck-up. The EFF and ACLU can get involved now, but so many mistakes were made early on it's going to be an uphill fight for everything except the free speech issue. In particular, if you're expecting this to end up with a judgement that it was wrong to demand access to Lavabit's data, you're going to be sorely disappointed.

      --
      You are not alone. This is not normal. None of this is normal.
    10. Re:Why? by omnichad · · Score: 1

      on one user. They don't need access to all the users and to compromise the entire site.

    11. Re:Why? by GameboyRMH · · Score: 2

      Luckily there's a simple technical fix for this: perfect forward secrecy in HTTPS, using RSA DiffieHellman or ECDH key exchange.

      Did you know that ECDH stands for Elliptic Curve Diffie-Hellman? Yeah it would solve the problem of the NSA's request alright...

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    12. Re:Why? by omnichad · · Score: 2

      The public key is already known.

      I don't know about you, but I don't get any warning telling me that "The stored public key for secure.site.com does not match the one received. Continue to site?" Maybe I need to upgrade my browser.

      So for most, a MITM attack would be completely undetected.

    13. Re:Why? by Anonymous Coward · · Score: 2, Informative

      Lavabit has complied with warrant requests before, the FBI wanted more than just 1 users account, the warrant they had was only for a single user account, they demanded access to more. Did you even read the documents?

    14. Re:Why? by ArsenneLupin · · Score: 2

      Maybe I need to upgrade my browser.

      You need the Certificate Patrol plugin, which warns you when a site's certificate changes unexpectedly, even when the new certificate has a "valid" signature.

      Unfortunately, this doesn't work with Google's servers, who rotate among a gazillion certificates "legitimately", and thus drown the user in false positives. But given Google's cooperation with Prism, maybe this effect is wanted?

    15. Re:Why? by Impy+the+Impiuos+Imp · · Score: 1

      And the point of demanding the key instead of acceptng being fed just that user's data was that that user was a distraction from the real target.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    16. Re:Why? by blueg3 · · Score: 1

      That's why they originally asked for the data for only the one user.

    17. Re:Why? by whoever57 · · Score: 3, Interesting

      By July 9, Lavabit still hadnâ(TM)t defeated its security for the government, and prosecutors asked for a summons to be served for Lavabit, and founder Ladar Levison, to be held in contempt âoefor its disobedience and resistance to these lawful orders.â

      In my humble and non-judgely opinion, the fact that Lavabit would have had to defeat its own security means that the original decision that allowed collection of metadata without a warrant supported by facts (Smith v. Maryland) should not apply to this case and the government should have had to articulate facts that led to reasonable suspicion in order to obtain a warrant to get metadata from Lavabit.

      --
      The real "Libtards" are the Libertarians!
    18. Re:Why? by blueg3 · · Score: 1

      Yes, everyone should turn on HTTPS PFS modes, ECDHE and DHE. PFS does prevent decrypting passively-collected data streams, requiring an active MITM to decrypt.

      However, I don't see how it's necessarily true that you would be able to detect these MITM if they have the SSL private key. (If they don't have the SSL private key, it's rather easy to detect.)

    19. Re:Why? by omnichad · · Score: 1

      Ultimately, rotating certificates would make it a little harder to decrypt all traffic, wouldn't it? I'm not thinking in depth right now. But trust is a big issue then.

    20. Re:Why? by bluefoxlucid · · Score: 1

      That's a good point. I keep assuming it's hard to get in the middle.

    21. Re:Why? by dwpro · · Score: 2

      When you say the FBI "asked" for real time metadata, did they have a warrant?

      Regardless, the jump from "you're not doing what we ask" to "we get to install a black box on your network and spoof as you, trust us not to abuse this" seems excessive if not absurd as lavabit's core business is centered around privacy. It would be like a safe company being required to issue a key to every safe they've ever made to the FBI because they wouldn't hand over a single purchaser's account information.

      --
      Millions long for immortality who do not know what to do with themselves on a rainy Sunday afternoon. -- Susan Ertz
    22. Re:Why? by LateArthurDent · · Score: 4, Insightful

      Lavabit wasn't as principled as claimed by Glenn Greenwald et al. They did actually plan (or told the courts and the FBI they would anyway) to release the records relating to $PROBABLY_SNOWDEN to the FBI. At best you can argue they were lying, but how's that showing integrity?

      Once they were given a proper warrant, complying is the principled thing to do. That's proper due process. The point is to prevent the government from gaining access to information while skipping said due process. So no, at best I can argue they were telling the truth, and doing the right thing.

      Lavabit made a number of elementary legal mistakes from the beginning, even avoiding using a lawyer in the first hearing. These mistakes made it easy for the FBI to argue that they couldn't trust Lavabit to do what Lavabit was offering to do. Lavabit should have contacted the FBI immediately, made it clear their concerns

      Assuming the facts are correct, agreed.

      and not made a clearly bad-faith offer to provide something useless to the FBI

      I don't think that's what they did. The first offer of providing the information on a monthly basis seems both useful and better targeted than the initial FBI request. Why is this a bad-faith offer?

      Notwithstanding the above, the court's refusal to allow Lavabit to talk to politicians et al about the basic principles in the case seems absurd and completely unconstitutional.

      Right. The whole thing was the government throwing a fit. "Oh, you want to fight us. We'll up the ante, and ask for something completely unreasonable then.." It was very principled on their part to not fold as a result, and to shut down instead of giving them what they wanted.

    23. Re:Why? by jbssm · · Score: 1

      I wonder why the technical oriented sites that actually value privacy don't start posting the judges names/email/FB for this kind of cases so that we can "gently" harass them on the internet. Cause, seeing this straight, the judge ordering Lavabit to show all it's good to the FBI, was actually the one to blame for the worst that happened.

    24. Re:Why? by omnichad · · Score: 1

      Originally and finally is how it should have been. The second request is still overreaching - regardless of them not being complicit the first time around.

    25. Re:Why? by Jahoda · · Score: 1

      Yes. How dare lavabit challenge the order of a secret court! If only he had rolled over, none of this would have happened. People like you make me sick.

    26. Re:Why? by Anonymous Coward · · Score: 4, Insightful

      Lavabit could have provided that, but refused.

      Good on them!

      This is on Lavabit.

      And for that, they are to be viewed as heroes.

      As opposed to Fed apologists, such as yourself.

    27. Re:Why? by SuricouRaven · · Score: 1

      "Let's say that the NSA got the Verisign Root Certificate"

      I am in no doubt at all that they already have it. They are just smart enough to know that widespread use would be easily noticed, so they save it only for very narrow-targeted MITM attacks.

    28. Re:Why? by cold+fjord · · Score: 2

      Yes, how dare the impudent bastards attempt to protect their customers from illegal surveillance!

      The problem is that the law says what the investigators wanted in this case was legal, and it appears that the Supreme Court has previously said was legal. If you want to claim that it was "illegal surveillance," you're going to have to come up with some interesting magic since it apparently was for investigation of an actual specific crime.

      --
      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
    29. Re:Why? by r_naked · · Score: 2

      This is on Lavabit?!? YOU are what is wrong with this country. Get the FUCK out.

      --
      -- http://anonet.org -- The internet the way it was meant to be. Check it out, you may be surprised.
    30. Re:Why? by compro01 · · Score: 1

      Did you know that ECDH stands for Elliptic Curve Diffie-Hellman? Yeah it would solve the problem of the NSA's request alright...

      So? The Dual EC PRNG is long known to be crap and some curves may be contaminated, but elliptic curve cryptography isn't broken as a concept.

      --
      upon the advice of my lawyer, i have no sig at this time
    31. Re:Why? by sjames · · Score: 1

      Because as laughable as the current interpretation of 'due process' is, they wanted even more than they could get through a 'legitimate' action.

    32. Re:Why? by SuricouRaven · · Score: 1

      In short:

      demand=fbi.get_demand()
      while(lavabit.respond(demand) == DEMAND_REFUSED){
        demand=fbi.increase_demand(demand);
      }

      The FBI made some fairly conventional demands. Lavabit refused, even though the law is fairly clear that they were obliged to comply. The FBI responded by making much greater and less reasonable demands. Each time Lavabit refused, the FBI just demanded even more access, probably in an effort to increase potential penalties for refusal to apply more pressure.

    33. Re:Why? by sjames · · Score: 1

      No, they were investigating someone who reported a crime committed by a federal agency so they could make sure no more crimes get reported.

    34. Re:Why? by jedidiah · · Score: 5, Insightful

      Lavabit being "in contempt" regarding the first request in no way justifies the second.

      This is just more of this sort of post-factum argumentation that is so common everywhere lately. You even see it at the level of the SCOTUS. Some goal is declared supremely important and then the law is distorted to fit that objective rather than to actually honestly examine if that objective is even legal to begin with.

      "We must do X, therefore we will ignore the law"

      Same nonsense, different day.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    35. Re:Why? by GameboyRMH · · Score: 1

      No, but you should check where the constants used in this algorithm came from...I don't know but I bet if you check, it'll trace back to an NSA-influenced organization...

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    36. Re:Why? by goose-incarnated · · Score: 2

      1. Non-cooperation is neither illegal nor prejudicial to your case. You have a right, as a legal entity, to refuse to cooperate.

      2. Bad-faith cooperation is neither illegal nor prejudicial to your case. You have a right, as a legal entity, to place limits on the extent of your cooperation, if any

      The state can issue warrants for data, but until and unless they successfully do, they are entitled to sweet fuck-all from whoever they are requesting the data from. A court can go ahead and give a warrant for whatever it wants to, up to and including retrieving data that cannot possibly ever be retrieved: The respondent in such a case has to convince the court (not too hard with expert testimonies/affidavits) that such a request is not possible due to the laws of physics.

      --
      I'm a minority race. Save your vitriol for white people.
    37. Re:Why? by TheGratefulNet · · Score: 4, Insightful

      if the US gov asked a huge mega-corp to break its whole business model and trust, essentially going out of business (think big auto makers or sony or some huge corp like that) do you think it would happen? would the gov push around a huge company and try to ruin them, just to get some (cough) meta-data?

      small guys who can be made to look 'dodgy': yes

      big co's who donate to the election campains: certainly not!

      "business as usual" ;( might makes right. time and time again, the larger the government gets, the more power it gets and the more corrupt it gets until its main goal is just to keep itself going along the same trajectory. ethics and fair treatment be damned.

      --

      --
      "It is now safe to switch off your computer."
    38. Re:Why? by Somebody+Is+Using+My · · Score: 1

      Some goal is declared supremely important and then the law is distorted to fit that objective rather than to actually honestly examine if that objective is even legal to begin with.

      Or if that goal is even necessary.

      It's often an expansion of powers solely for the sake of expanding an agency's powers, with little necessary application.

    39. Re:Why? by erikkemperman · · Score: 1

      And the point of demanding the key instead of acceptng being fed just that user's data was that that user was a distraction from the real target.

      If I read the summary right, the Lavabit operators had offered means for the feds to access individual accounts. But that wasn't enough, they demanded access to everyone's data. But that's ok, I am sure they had warrants for each and every one of them.

      --
      Gosh, thanks. That must be why the other ships call me Meatfucker -- GCU Grey Area (Eccentric)
    40. Re:Why? by cold+fjord · · Score: 1

      Lavabit being "in contempt" regarding the first request in no way justifies the second.

      There are similar patterns in the law.

      You don't pay your property tax.
      Ignore warning letter.
      Ignore second warning letter.
      Property seized.

      --
      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
    41. Re:Why? by GameboyRMH · · Score: 1

      No I'm saying that the NSA may have influenced the constants used:

      http://www.theguardian.com/world/2013/sep/05/nsa-how-to-remain-secure-surveillance

      (Point 5 near the bottom)

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    42. Re:Why? by IamTheRealMike · · Score: 2

      PFS would not help in this case. The FBI asserted that a pen register (which is not a warrant and merely requires the government to assert "relevance") is sufficient to obtain the SSL keys for an entire service, because they choose to implement it via an SSL interceptor. LavaBit argued the pen register does not grant such broad power, so then they went and got a search warrant for it instead.

      Obviously if the FBI has the SSL key, they can impersonate LavaBit and intercept everything at that point. It helps only to prevent the NSA reading their old packet logs.

      The news here is not change your crypto - it doesn't work in the face of the $5 wrench attack (more accurately, $1000 fine per day). The news is that the FBI believes (and the court agreed) that the only thing they have to do to obtain an SSL key is assert that it is "relevant" to an ongoing investigation, an extremely low standard that is almost meaningless.

    43. Re:Why? by HeckRuler · · Score: 3, Insightful

      Ah, the NSA lapdog comes in to try and weedle and twist and squirm any way he can to apologize for the NSA.

      But no. You can't even do that correctly, can you? Listen, the FBI demanded something. Lavabits said no. The court said yes. Then the FBI came in with an even bigger demand.

      A week later, prosecutors upped the ante and obtained the search warrant demanding “all information necessary to decrypt communications sent to or from the Lavabit e-mail account [redacted] including encryption keys and SSL keys.”

      "Upping the ante" is pretty synonymous with bullying. They refused the request, and the court order, and then the FBI "ups the ante" and demands complete access to everything? That's bullying flat out. It's abuse of power. Comply with our demands or we'll throw the whole book at you and make you dance.

      This is on Lavabit

      You mean the blame for this shit? No. No I don't think the blame is on Lavabits. I think the FBI got miffed that their cock wasn't sucked hard enough so they decided to rape a business to death.

      Hey, the FBI came back with a warrant. Ok. That's not that bad. It's actually a lot better than this bullshit warrantless "pen register order". That the warrant includes COMPLETE control over ALL communication that your entire business is specifically sold as being secure? That's bad.

    44. Re:Why? by heypete · · Score: 1

      Ultimately, rotating certificates would make it a little harder to decrypt all traffic, wouldn't it? I'm not thinking in depth right now. But trust is a big issue then.

      That's basically what Perfect Forward Secrecy (e.g. ephemerla Diffie-Hellman or Elliptic-Curve-Diffie-Hellman key exchange) does.

      DH or ECDH key exchanges allow two parties to exchange a shared secret securely, but contain no way of verifying that the other party is who they claim to be -- there's no authentication. By signing the DH key exchange with a trusted certificate (i.e., one issued from a certificate authority) then the server can authenticate the key exchange.

      This way, a long-term certificate can be used for identification/authentication by signing DH key exchanges that are used to exchange per-session ephemeral keys. Since the long-term certificate is only making signatures (rather than directly encrypting the session key), compromise of the long-term key does not reveal any information about the session keys.

      Most servers and clients these days support PFS modes.

    45. Re:Why? by CanHasDIY · · Score: 4, Insightful

      It's not magic, it's the rule of law: Per the Constitution, it is the supreme law of the land, and cannot be superseded by anything except a Constitutional Amendment. As no one has, to date, amended the Constitution to nullify the 4th Amendment, any "law" that violates the right of the People to be free from unlawful search and seizure is, in fact, not a legitimate law, no matter how many political appointees scream that it is.

      If the government made a law that said it was required for every goyim to kill at least 1 Jew, and the SCOTUS supported it, would you say the murders are legitimate, legal acts?

      Well, OK, maybe not you, specifically, but a person of reasonable faculties who has not already proven themselves to be an ardent licker of federal boot.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    46. Re:Why? by squiggleslash · · Score: 1

      Bad faith cooperation is likely to change what the other side asks for, and what the judge is likely to be willing to accept. You can't act in bad faith, and then expect the other side to agree to something that you can easily sabotage.

      Essentially, if the FBI can't trust Lavabit, then the FBI may ask for things they wouldn't do otherwise, and the judge is likely to say "Well, because the FBI doesn't trust you - and legitimately doesn't trust you - the bar as to what the maximum they can ask of you just got raised. You can't any more say "But the FBI is asking for something that would mean it could theoretically bug ALL of our customers when we can provide them something more fine-tuned" because when the FBI asked for something less than that, you not only didn't provide it, but you clearly tried to stall them."

      This is not to argue that the FBI has a right to use Lavabit to persecute Snowden, simply to point out the obvious about how the law would work even if it turned out to be a total coincidence the FBI was going after Lavabit the day after it was revealed that Snowden had a Lavabit account, and actually they had 24 hours to stop a terrorist from setting off a Nuke in the middle of Austin, Texas.

      --
      You are not alone. This is not normal. None of this is normal.
    47. Re:Why? by wiredlogic · · Score: 4, Insightful

      Lavabit made a number of elementary legal mistakes from the beginning, even avoiding using a lawyer in the first hearing.

      You shouldn't have to use a lawyer to get justice in a free nation. It shouldn't be possible to use a defendant's naivete as a procedural trap to extort concessions and violate due process. Judges are supposed to be biased in favor of defendants to ensure this doesn't happen. The puppet FISA "judges" are so quick to lick the boots of their real master that they can't be bothered to maintain a believable charade.

      --
      I am becoming gerund, destroyer of verbs.
    48. Re:Why? by mrbester · · Score: 1

      So you're saying you can't say "fuck you" to an unreasonable request without a lawyer?

      My response: Fuck you.

      --
      "Wait. Something's happening. It's opening up! My God, it's full of apricots!"
    49. Re:Why? by joel48 · · Score: 1

      Sure, but the parent's point is that there are two assertions which are mutually incompatible, and is questioning the statement that data is encrypted with a user key:

              1. The key used to encrypt data on disk is known only to the user, or "stored email was encrypted based on a key that only the user had"

              2. Obtaining the server-side SSL private key would allow reading the plaintext.

      Since lavabit was able to provide an alternative means to get the data of just one user, that tells me that #1 is invalid. If the data really was encrypted with a user key then a copy of the data in transit would be encrypted even when unpacked from the SSL stream. In cases like that, SSL is only used for data integrity, not encryption since the encryption is already in place.

    50. Re:Why? by joel48 · · Score: 1

      To be clear, that's not to say that is what Lavabit had in place (as far as I'm aware it really was client-side private keys), but knowing where which private key comes into play is paramount. This is just clarifying the logical incongruence between the statements when both are held to be true.

    51. Re:Why? by mrchaotica · · Score: 1

      Except in this analogy, they tried to seize all the neighbors' property too!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    52. Re:Why? by dugancent · · Score: 1

      "Unlawful search and seisure". If it's legal, it's lawful.

      --
      SJWs are the new boogeyman. -Me
    53. Re:Why? by 0111+1110 · · Score: 1

      Yup. This is why I claim that there is truly no such thing as private property in the U.S. The term "property tax" is just a euphemism for "rent". The only one who really owns property in the US is the government itself.

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

      But it's not legal, because of Constitutional reasons I stated in the post you replied to, but apparently did not read and/or understand.

      P.S. it's spelled "seizure"

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    55. Re:Why? by jkflying · · Score: 1

      A lot of the constants are generated using hashes of pre-known numbers, such as the SHA512 (pi*2^510) or other ways to prove that the number wasn't created with a 'secret key' weakness. Just because the one encryption standard used bad numbers doesn't mean they are all broken.

      --
      Help I am stuck in a signature factory!
    56. Re:Why? by Fnord666 · · Score: 2

      from TFA: ....But Lavabit offered paying customers a secure email service that stores incoming messages encrypted to a key known only to that user. Lavabit itself did not have access.

      If this is true, then how could Lavabit also have done the following?

      Lavabit offered an alternative method to tap into the single user in question but ...

      Either they could access the data or they couldn't.

      --
      'The tyrant will always find pretext for his tyranny.' - Aesop's Fables
    57. Re:Why? by TheCarp · · Score: 1

      Its rare that we agree I think, but you have a point here.

      The real problem is that lavabit had left themselves any way to defeat the encryption on their own system. Full stop.

      Anyone who has been following the legal precedents should have known that having any way to subvert the security was leaving a back door that the legal system could force you to open. If providing this level of security was his business, then, it sounds like he was negligent.

      --
      "I opened my eyes, and everything went dark again"
    58. Re:Why? by jkflying · · Score: 2

      Lavabit didn't provide access in the first place because the FBI didn't have a warrant. By co-operating with the FBI they would have been violating the contractual agreement with their customers, which would have been illegal. However, by the time the FBI got a warrant they weren't interested in what they had come looking for in the first place.

      It's like a cop asking if he can search your car, and when you say no, as is your right, he goes off and gets a warrant to have your house searched and your business frozen.

      --
      Help I am stuck in a signature factory!
    59. Re:Why? by suutar · · Score: 2

      Actually, the 4th amendment does not say "unlawful", it says "unreasonable". Which opens a different can of worms, but does mean that the whole "it's a law, so it's lawful" discussion can go away.

    60. Re:Why? by chill · · Score: 4, Informative

      The summary is wrong.

      The FBI originally wanted access to just Snowden's account and Lavabit refused. In order to get it, they demanded SSL keys to feed into their snoop machine so they could filter out just Snowden's info.

      At that point, Lavabit AGREED to provide a tap on just Snowden. The FBI basically said "too late, we don't trust you to do it properly".

      Not that they should get what they tried to -- the SSL private keys -- but the summary makes it out to be something different than what happened.

      --
      Learning HOW to think is more important than learning WHAT to think.
    61. Re:Why? by epine · · Score: 1

      Regardless, the jump from "you're not doing what we ask" to "we get to install a black box on your network and spoof as you, trust us not to abuse this" seems excessive if not absurd as lavabit's core business is centered around privacy.

      Considering the likely demographics of their clientele, if word leaks out that Lavabit's entire service is wearing an FBI wire, the Lavabit proprietors are about as long for the good life as Adriana La Cerva during her Pepto-Bismol phase.

      Adriana La Cerva cooperates with the FBI

    62. Re:Why? by geoskd · · Score: 1

      The message contents, yes. But the header information they did have access to, as it's necessary for delivery. And that information is what the FBI wanted, and that information is what was all protected by a single SSL cert.

      Negative, the SSL cert did not, and does not protect anything on the system itself, just the information in transit. The FBI wanted the SSL cert so that they could perform an MITM attack and consequently be able to prove who sent what to whom.

      --
      I wish I had a good sig, but all the good ones are copyrighted
    63. Re:Why? by GameboyRMH · · Score: 1

      I meant that the constants for this algorithm should be checked since the NSA has their hands in every standards body out there. It may not be a problem in this case but it's a theoretically sound issue:

      http://slashdot.org/comments.pl?sid=4296175&cid=45025631

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    64. Re:Why? by gweihir · · Score: 1

      Because they are bullies and nothing happens to them when the overstep. So they do it whenever convenient. It would also be quite plausible that they wanted to listen in on all users via MiM, but had no warrant for that.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    65. Re:Why? by erikkemperman · · Score: 1

      Not that they should get what they tried to -- the SSL private keys -- but the summary makes it out to be something different than what happened.

      Ah, thank you, that does make it a different story.

      Still curious though, because one way or the other the FBI did end up demanding this global key... Wouldn't obtaining an SSL key such as it was apparently positioned in Lavabit's operation be way too non-specific? By which I mean, impossible to request or formulate a legal warrant for?

      I know, I know, it's a strictly theoretical question; we've seen what happens in practice.

      --
      Gosh, thanks. That must be why the other ships call me Meatfucker -- GCU Grey Area (Eccentric)
    66. Re:Why? by Anonymous Coward · · Score: 1

      A nothing-up-my-sleeve number? That's what you'd think. But actually, no. No they weren't.

      The Certicom curves (aka secp256r1/prime256v1 and the like) were generated from a given seed by a given process (SHA-1). There is NO description of how the seeds were generated.

      The seeds were in fact generated by Jerry Solinas of the NSA. Maybe you could just ask him how, and what characteristics he was searching for? But, you know, I doubt he'd be in a position to say, or that anyone would be prepared to believe anyone working for any US agency now. https://facebook.com/solinas

      A deep review has already found some significant flaws in implementations of ECDH and ECDSA using the NIST curves. They are incredibly difficult to implement correctly, and no-one - including the NSA themselves in US Government equipment! - actually has. There are timing attacks, there are off-point attacks, there are cases even in commonly-used libraries where the maths (literally) doesn't add up, and on top of that the NIST curves have other, deeper problems - the twist is insecure, for example. Any key along there is weak, and there is no rejection of those keys. On top of that is the general DSA problem of needing fresh, secure random numbers for every sign which had better be really secure and not backdoored or predictable at all, Or Else.

      I suggest Ed25519 or curve25519 as an alternative for now (plus they're really fast, which is handy); Tanja Lange and djb are working on similar alternatives for larger curves as Callas and prz want more future-proofing than a 2^125 curve can provide - a quantum computer could make things very interesting for it. I note 2^512-569 is prime, although finding a tasty enough twisted Edwards curve with a secure twist over such a field will take a little time.

      It's also notable they're not indistinguishable. We can whiten them, but we can surely do better than that. Tanja has a potential candidate there.

      We can create something much better than this. But NIST are off our Christmas list - permanently. Doesn't help they also just weakened SHA-3 versus the Keccak candidate. I wonder why. Perhaps we'll use Skein instead, it's twice as fast and closer-analysed.

      They told us their straw was brick: we believed them only because we thought they'd know better than to build their castle with straw. Now we know, it's time to build our own castle, with stone.

    67. Re:Why? by CanHasDIY · · Score: 1

      "unlawful" =, in this case, anything in violation of the 4th Amendment.

      Not to say I don't completely agree with you; much the opposite.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    68. Re:Why? by beelsebob · · Score: 1

      The fourth says that you can't have a seizure warrant iff you did not first have good evidence that you were going to find something there. This is why search warrants are entirely legal, and it's why the above (where they had good evidence that edward snowdon was committing crimes using the service) is too.

    69. Re:Why? by spire3661 · · Score: 1

      Why didn't they just get a warrant to begin with? Or am I missing something?

      --
      Good-bye
    70. Re:Why? by spire3661 · · Score: 1

      THere are a few circumstances where you can get allodial title in the US, but its very rare. And it still assumes a ground state of the government owns all.

      --
      Good-bye
    71. Re:Why? by CanHasDIY · · Score: 2

      The Fourth Amendment:

      The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

      As you see, there are multiple criteria that must be met before a warrant is considered legal per the Amendment: There must be probable cause, the probable cause must be supported "by Oath or affirmation," and the request must describe a particular place to search, and a particular person or thing to be seized.

      Feel free to post the evidence that supports the claim that all these criteria have been met.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    72. Re:Why? by chill · · Score: 4, Informative

      In 1979 the SCOTUS ruled that pen registers didn't require warrants.

      http://en.wikipedia.org/wiki/Pen_register#Background

      --
      Learning HOW to think is more important than learning WHAT to think.
    73. Re:Why? by spire3661 · · Score: 1

      And thats why I have a hard time ever taking the Supreme Court seriously, they rule far more for the State then the individual liberties spelled out in the Constitution. DUI checkpoints, commerce clause, default tap on all comms. Its horrifying that people still think they are doing the job that they were intended to do.

      --
      Good-bye
    74. Re:Why? by Hatta · · Score: 1

      Once they were given a proper warrant, complying is the principled thing to do.

      No, that's the safe thing to do. The principled thing to do is to engage in civil disobedience.

      --
      Give me Classic Slashdot or give me death!
    75. Re:Why? by LateArthurDent · · Score: 1

      Once they were given a proper warrant, complying is the principled thing to do.

      No, that's the safe thing to do. The principled thing to do is to engage in civil disobedience.

      Civil disobedience is a fine thing to accomplish when you believe the laws are wrong. I'm not personally against turning over information when the authorities are following the due process. It's one thing to say, "I want to see what everyone is doing, hand me your data on all your users" and it's something else entirely to say, "I've submitted evidence to a judge that requires gathering information on this one suspect, the judge agrees and provided us with a warrant, please provide this information." The latter is fine. I'm for a free society, not a lawless one.

    76. Re:Why? by HiThere · · Score: 1

      I see you trust the courts more than I do. Courts routinely grant frivolous warrants with little or no consideration of due adherence to constitutional guarantees.

      That said, I would have obeyed a warrant, not because I think it was properly issued, but because I'm a coward. But if you're talking about "principled", principled would require that I believe the warrant was properly issued.

      OTOH, expecting a better outcome depends on expecting the courts to honor justice over process and "good fellowship among equals". I don't expect that. This was a case of "might makes right", for certain definitions of right.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    77. Re:Why? by Hatta · · Score: 1

      That makes sense only if you assume the judge is impartial, and the suspect in question is not persecuted for political reasons. Those are bad assumptions in todays America. We already have a lawless society, as demonstrated by the complete lack of prosecutions against anyone involved in illegal surveillance, any bankers whose fraud destroyed the economy and thousands of lives, and against anyone who committed or authorized torture during the Bush regime.

      You have to decide which side you are on. The side who breaks the law for the greater good? Or the side who uses the law to commit evil? This is the reality in which we live.

      --
      Give me Classic Slashdot or give me death!
    78. Re:Why? by GravityStar · · Score: 1

      The hyper-principle thing to do is comply with the request (for the SSL keys and the blackbox and ...) AND shutdown the service.

    79. Re:Why? by sexconker · · Score: 1

      With the SSL key, they can intercept messages and connections in transit (that is, "live").

      I presumed Lavabit store only encrypted data and only the user had the key.
      Users download encrypted data and decrypt with their local key.
      Lavabit never sees the key or unencrypted data.

      If any of those are not true, then Lavabit was useless from a security standpoint.

      If someone stores or sees your data or keys, you're fucked.
      Perhaps Lavabit DID operate as I presumed, decrypted shit in the browser (using javascript but never sending the key anywhere), and the terrorists wanted to MITM everyone, push out different javascript, and capture the key and data.

    80. Re:Why? by LateArthurDent · · Score: 1

      I see you trust the courts more than I do.

      I trust the concept of a court. I'm not sure what the better alternative is.

      That said, I would have obeyed a warrant, not because I think it was properly issued, but because I'm a coward. But if you're talking about "principled", principled would require that I believe the warrant was properly issued.

      Well, if you believe the warrant is improperly issued, of course they should fight it, preferably through legal means if possible. And they did. The warrant that required them to turn over their SSL keys was definitely improperly issued, in my opinion, as it targeted every user indiscriminately. I'm not sure why everyone seems to assume the original request was out of line. I completely understand answering an FBI request for the information on the user with, "go get a warrant, then we'll talk." Once they get a warrant, you comply, they followed the correct process. Of course, they got all bitchy that Lavabit would dare force them to involve the courts and decided to retaliate, and that's definitely wrong. That's also the point at which Lavabit took a principled stand.

    81. Re:Why? by LateArthurDent · · Score: 2

      That makes sense only if you assume the judge is impartial, and the suspect in question is not persecuted for political reasons. Those are bad assumptions in todays America. We already have a lawless society, as demonstrated by the complete lack of prosecutions against anyone involved in illegal surveillance, any bankers whose fraud destroyed the economy and thousands of lives, and against anyone who committed or authorized torture during the Bush regime.

      You have to decide which side you are on. The side who breaks the law for the greater good? Or the side who uses the law to commit evil? This is the reality in which we live.

      I agree with you completely that problems exist. I don't agree that arbitrary ignoring the justice system is a solution, instead of an action that furthers the problem. It's hard to fight a lack of respect for justice by demonstrating your own lack of respect for justice.

      When a judge gives you a warrant to turn over information on one of your users, and you have absolutely no idea whatsoever who the user is or what information is contained in the messages (Lavabit itself couldn't decrypt the communication), you don't have a leg to stand on to deny them the request. How do you know you're not interfering with a proper investigation on someone who used your service to arrange an assassination? You're assuming that particular warrant is invalid, merely because unjust warrants have been issued in the past. I'm not sure sure how you can rationally defend that view, considering perfectly just warrants are also issued all the time.

      On the other hand, when you're given a warrant that says, "give me information on all your users," you know that's fishing expedition. You can certainly take a principled stand there.

    82. Re:Why? by alexo · · Score: 1

      It's not magic, it's the rule of law: Per the Constitution, it is the supreme law of the land, and cannot be superseded by anything except a Constitutional Amendment. As no one has, to date, amended the Constitution to nullify the 4th Amendment, any "law" that violates the right of the People to be free from unlawful search and seizure is, in fact, not a legitimate law, no matter how many political appointees scream that it is.

      A law usually has consequences for violating it.
      Take breaking DRM for example. The penalties can be upto $1M in fines and 10 years of imprisonment.
      That's pretty stiff. Makes me think that the US government thinks that breaking this law is a serious matter.
      Now please tell me, this "supreme law of the land" that you speak of, what are the prescribed penalties for breaking it?

      If the government made a law that said it was required for every goyim to kill at least 1 Jew, and the SCOTUS supported it, would you say the murders are legitimate, legal acts?

      Legal, yes - by definition. Legitimate, not so much.

      So please remember:
      * something legal can still be illegitimate
      * something illegal can still be legitimate
      * something legitimate can, unfortunately, be -- and often is -- illegal.

      Aside, the government would never pass such a law, mostly because it is grammatically incorrect ("goyim" is plural).

    83. Re:Why? by CanHasDIY · · Score: 1

      It's not magic, it's the rule of law: Per the Constitution, it is the supreme law of the land, and cannot be superseded by anything except a Constitutional Amendment. As no one has, to date, amended the Constitution to nullify the 4th Amendment, any "law" that violates the right of the People to be free from unlawful search and seizure is, in fact, not a legitimate law, no matter how many political appointees scream that it is.

      A law usually has consequences for violating it.
      Take breaking DRM for example. The penalties can be upto $1M in fines and 10 years of imprisonment.
      That's pretty stiff. Makes me think that the US government thinks that breaking this law is a serious matter.
      Now please tell me, this "supreme law of the land" that you speak of, what are the prescribed penalties for breaking it?

      Your personal definition of law is of no consequence in this matter. Specifically, you are conflating the concept of law (system of rules that a particular country or community recognizes as regulating the actions of its members) with the particulars of a certain law (an individual rule as part of a system of law which may be enforced by the imposition of penalties).

      If the government made a law that said it was required for every goyim to kill at least 1 Jew, and the SCOTUS supported it, would you say the murders are legitimate, legal acts?

      Legal, yes - by definition. Legitimate, not so much.

      So please remember:
      * something legal can still be illegitimate
      * something illegal can still be legitimate
      * something legitimate can, unfortunately, be -- and often is -- illegal.

      At least you know the difference between legal and legitimate, however, remember that while the Holocaust was legal in Germany at the time, the actions taken against Jewish citizens was and is a violation of international law. Muddy waters, but the delineation between right and wrong are a lot more clear than that between legal and illegal.

      Aside, the government would never pass such a law, mostly because it is grammatically incorrect ("goyim" is plural).

      Don't be an intentionally obtuse ass - it adds nothing to the discussion.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    84. Re: Why? by UltraZelda64 · · Score: 1

      My guess is that Edward trusted the company. And you know what? Its owner didn't let him (or any of his other privacy-concerned customers) down. And at least in this case, that's what really matters; instead of giving in, the owner shut the service down and destroyed all the hardware (or at least disks). Sure, theoretically maybe the site's security itself wasn't exactly the greatest but Levinson didn't let Snowden down.

    85. Re:Why? by beelsebob · · Score: 1

      The evidence is clear –it's that all parties agree that the seizure was considered perfectly legal. What seems less legal is the requirement to hand over their encryption key, as that stops it being specific to a particular person.

    86. Re:Why? by Darinbob · · Score: 1

      As I read the article, this only decodes the meta data such as who the mail is from and who it's intended for. The content would be encrypted separately with a key that Lavabit did not know.

    87. Re:Why? by Darinbob · · Score: 1

      Yes and no on the warrant. They did not need a warrant for the initial "pen register" according to a Supreme Court ruling in 1979. That case was about a subpoena of phone records for one individual who was suspected of periodically phoning up a woman he had stolen a purse from. Over time this ruling essentially turned into the basis for NSA requesting of phone metadata.

      Later on when they were getting pissed at Lavabit they acquired a real search warrant.

      The thing is, the original ruling just upheld the conviction of the person who snatched the purse. It had nothing to do with the phone company refusing to provide records when asked, the ruling was about whether the evidence obtained that way was legal without a warrant. Though it was a subpoena which has some legal weight behind it; I don't know why a prosecutor would have authority to issue a subpoena rather than an actual court. Just shows how some rulings get spread out far beyond what the intent had been.

    88. Re:Why? by Darinbob · · Score: 1

      The government did eventually get a proper warrant.

    89. Re:Why? by squiggleslash · · Score: 1

      (Reposted as the moderators seem to be particularly moronic at the moment. Do you even bother to read what you're modding "Troll"? Do you understand what the term even means? We're trying to have an adult discussion here, if you can't do anything other than hurl insults at relatively uncontroversial statements that you apparently don't understand, get the fuck off Slashdot. Seriously. You're not helping. This is an important issue, it's important that the facts and the concepts are discussed in an adult fashion.)

      Well, more like a safe company being asked to hand over a master skeleton key that happens to open every safe the company has, because the safe company doesn't have any other types of key, didn't open a specific safe, and pretended it was opening that specific safe but actually didn't. And the safe company being required to hand over that key to someone who, in the court's judgement, could be trusted to only use that key with the safe in question.

      As far as what the FBI asked for, to be honest, it doesn't matter much. I say this not because it doesn't matter whether they went for a warrant early or late, but because when the FBI asks for something it's legally allowed to get through the courts, if you don't cooperate, they will end up using the courts.

      (This is not to comment on the merits of the case, which I see at least one repondee has assumed I'm doing, simply to point out that the FBI's demand for the SSL key was, actually, a logical escalation based upon what the FBI was trying to do and didn't come out of left field and wasn't likely to be shot down by a judge as overly broad. As geeks, we should be looking at this as a set of lessons to be learned, not simply expressing outrage about a judge and/or the FBI being out of control. I'm not entirely sure that the key issue is pertenent to that, any more than if you were arrested for voting for Obama, the concern would be whether the officer should have used handcuffs on you.)

      --
      You are not alone. This is not normal. None of this is normal.
    90. Re:Why? by Hatta · · Score: 1

      When you're dealing with a government as corrupt as this one, you don't know that the warrant is actually based on probable cause, you don't know that law enforcement isn't being used for political purposes, and you don't know that even if the warrant is legal, that the law is just. What you do know is that the government we have today in no way, shape, or form approaches anything resembling the will of the people. A government with a 90% disapproval rate in conjunction with a 90% incumbency rate is not a democracy.

      You're right, I am assuming that a warrant is invalid because unjust warrants have been issued in the past. They have thoroughly demonstrated that the purpose of our justice system is not to increase justice, but to increase the political power of a corrupt few. We live in a "free country" that imprisons more people, by raw number and per capita, than any other country in the world. We live in a country where 98% of federal defendents are denied their right to a trial. We live in a country that holds more black men in chains today than it ever did under slavery. That's the injustice system we have, and it deserves no respect whatsoever.

      The only principled stance is resistance. Now, that may not always be the most prodcutive stance, and it's probably not in most cases. I completely respect those who make strategic decisions to remain free so they can keep fighting. But I also honor selfless individuals who take a stand.

      "Under a government which imprisons any unjustly, the true place for a just man is also a prison." Henry David Thoreau.

      --
      Give me Classic Slashdot or give me death!
  4. Your move, NSA by Max_W · · Score: 5, Funny
    1. Re:Your move, NSA by spartacus_prime · · Score: 1

      I, too, pilfer material from reddit.

      --
      If you can read this, it means that I bothered to log in.
    2. Re:Your move, NSA by Max_W · · Score: 1

      It is on the front page of the http://imgur.com/ too.

  5. What moron judge allowed this? by h4rr4r · · Score: 5, Insightful

    How is this legal? How do you get a warrant that broad? Are fishing expeditions now allowed by law enforcement?

    1. Re:What moron judge allowed this? by loganljb · · Score: 4, Informative

      Things are a bit more involved than they seem from reading just the summary. The fed originally requested that LavaBit provide them with information regarding a single account (header information only, but on an ongoing basis), which they are allowed to obtain without probable cause. LavaBit refused the initial request, then stalled when given a court order to provide this information (I believe LavaBit was in the right in doing so -- I'm NOT supporting the fed's case, just providing information). The fed took LavaBit back to court, and obtained a court order requiring that LavaBit provide the SSL key, as the fed did not believe that LavaBit would comply with an order for information on a single account. The best part was when LavaBit sent them the SSL key, as a 4 point font printout :-)

      In other words, when LavaBit wouldn't provide them information on a single account, the fed escalated to the nuclear option.

    2. Re:What moron judge allowed this? by fustakrakich · · Score: 1

      1) Because they say it is.

      2) Rubber stamp.. Hey! It's business, okay?

      3) Yes

      --
      “He’s not deformed, he’s just drunk!”
    3. Re:What moron judge allowed this? by h4rr4r · · Score: 4, Insightful

      Stop right there. The fact that they are allowed this without probable cause is already too much.

      They should have sent it 4 point one character per page.

      The fact that the judge believed the FBI would only take the info the warrant allowed makes him either an accomplice or as naive as a child.

    4. Re:What moron judge allowed this? by MickyTheIdiot · · Score: 1

      Easy. The U.S. Court is filled with old farts that can't grok what an SSL key even is.

      This is just another textbook case of NSA gaming a system that is far from equipped to adjudicate these modern problems.

    5. Re:What moron judge allowed this? by FriendlyLurker · · Score: 4, Interesting

      Let's be clear, the single account was Edward Snowden's - and Lavabit's resistance was not futile, the so called nuclear option has backfired on the fed in terms of public sentiment.

    6. Re:What moron judge allowed this? by cold+fjord · · Score: 1

      How is this legal? How do you get a warrant that broad? Are fishing expeditions now allowed by law enforcement?

      If you read TFA you'll see that it came about because Lavabit did not comply with the previous order. There is little mystery about it.

      --
      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
    7. Re:What moron judge allowed this? by the+eric+conspiracy · · Score: 3, Insightful

      It's not a warrant. Email headers are not protected information under the law so all you need is a subpoena. Since they are disclosed to third parties there is no expectation of privacy under current law.

      It's the same idea that the outside of the envelope that you give the postman is not protected. Nor is a list of phone numbers that you call.

    8. Re:What moron judge allowed this? by h4rr4r · · Score: 3, Insightful

      The previous order was a violation of due process.
      Then the judge somehow believed the FBI would not take more data than they were allowed. So either he was in on it or incredibly foolish.

    9. Re:What moron judge allowed this? by h4rr4r · · Score: 2

      All of those should not be up for mass inspection.
      There is a huge difference between seeing the outside of one letter and running the data on all the letters I ever sent.

    10. Re:What moron judge allowed this? by loganljb · · Score: 4, Insightful

      Like I said, I don't disagree with how LavaBit handled this. In fact, I think EVERYONE should treat federal 'requests' for information the way that Ladar Levinson has, and greatly admire the stand he has taken. I was simply saying that it was more complicated than the summary made it out to be.

      That being said, in my personal opinion the fact that the fed can request envelope information with no probably cause is a travesty. I see it as no different than pulling mail out of my mailbox to see who I write letters to and who writes to me. This should be illegal search and seizure

    11. Re:What moron judge allowed this? by Simon+Rowe · · Score: 1

      Yes, how long have you been asleep for?

    12. Re:What moron judge allowed this? by Russ1642 · · Score: 3, Funny

      FBI guy: But Judge, I need to break these fifteen laws and the constitution to catch the bad guys!
      Judge: Oh, gotta catch the bad guys. Is this where I sign?
      FBI guy: Yes, thanks. Oh, and can you please nullify this parking ticket for me while you're at it?
      Judge: Sure thing. Now go get 'em.

    13. Re:What moron judge allowed this? by cold+fjord · · Score: 1

      The other possibility is that your opinion is contrary to settled law.

      --
      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
    14. Re:What moron judge allowed this? by silas_moeckel · · Score: 5, Insightful

      The header information blanket traces back to an idiotic ruling that the outside of a letter was not protected since everybody can and had to read it to get it there (the USPS digitizes and stores all of them now). The FBI then applied this to encrypted traffic which makes no sense since it's no longer data that anybody but them or there agent can read.

      We need clear guidance, which a simple presidential order could give that prohibits all of these sorts of searches.

      --
      No sir I dont like it.
    15. Re:What moron judge allowed this? by AHuxley · · Score: 1

      They went back to challenge the order... If you keep reading..
      'We’re not simply speaking of the target of this investigation. We’re talking about over 400,000 individuals and entities that are users of Lavabit who use this service because they believe their communications are secure. By handing over the keys, the encryption keys in this case, they necessarily become less secure.”"
      The entire encryption system was up for total decryption long term.

      --
      Domestic spying is now "Benign Information Gathering"
    16. Re:What moron judge allowed this? by bill_mcgonigle · · Score: 3, Insightful

      If you read TFA you'll see that it came about because Lavabit did not comply with the previous order. There is little mystery about it.

      They could have gone for enforcement (pretty much "SWAT team" these days) of the previous order. But they used the situation as an excuse to get what they really wanted, 4th Amendment be damned.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    17. Re:What moron judge allowed this? by Anonymous Coward · · Score: 1

      >NSA

      At least read the fucking *headline*.

    18. Re:What moron judge allowed this? by Anonymous Coward · · Score: 5, Funny

      I doubt many in the public will support them when the fact emerge that they were defying court orders.

      Yeah, how dare they challenge authority! It's unamerican!

    19. Re:What moron judge allowed this? by crakbone · · Score: 1

      Probably a bit more like. FBI - Hey, Judge we noticed what websites you have been going to and the emails to the Rent Boy you have on the side. Would you like me to tell your wife or would you like to sign right here?

    20. Re:What moron judge allowed this? by AlphaWoIf_HK · · Score: 3, Insightful

      While that's certainly a possibility (given how illogical the law often is), it has nothing to do with whether or not these actions were wrong.

      --
      Da derp dee derp da teedly derpee derpee dum. Rated PG-13.
    21. Re:What moron judge allowed this? by towermac · · Score: 5, Interesting

      I got no mod points, but this is absolutely the takeaway.

      The US depends on it's software industry; we shipped all our labor jobs overseas to trade them for office work (programming). That, and Hollywood, is why we're so mean to other countries over IP.

      And now the US government has completely undermined them. It's probably a good time to be a programmer in Brazil and Germany. I wonder If our software industry will be able to recover from this.

    22. Re:What moron judge allowed this? by AlphaWoIf_HK · · Score: 1

      Since they are disclosed to third parties there is no expectation of privacy under current law.

      If that is the case, I believe current laws are morally wrong and should be changed and opposed.

      --
      Da derp dee derp da teedly derpee derpee dum. Rated PG-13.
    23. Re:What moron judge allowed this? by FriendlyLurker · · Score: 5, Insightful

      ...when the fact emerge that they were defying [Secret, Unaccountable, Undemocratic] court orders.

      Cold Fjords subservient cheerleading to power never ceases to entertain. Obviously the operators of the Cold Fjord account have learned absolutely nothing from history, or are on the wrong side. See: "Means Used by the Nazi Conspirators in Gaining Control of the German State". Quote: "To make certain that cases with political ramifications would be dealt with acceptably and in conformity with Party principles, the Nazis granted designated areas of criminal jurisdiction to the so-called Special Courts (Sondergerhte)."

    24. Re:What moron judge allowed this? by AlphaWoIf_HK · · Score: 1

      And they shouldn't.

      --
      Da derp dee derp da teedly derpee derpee dum. Rated PG-13.
    25. Re:What moron judge allowed this? by c · · Score: 2

      In other words, when LavaBit wouldn't provide them information on a single account, the fed escalated to the nuclear option.

      It sounds like LavaBit's security was essentially an "all or nothing" situation, though. If they compromised just one of their users, then effectively none of their users were secure anymore.

      Obviously, the feds weren't too keen on getting "nothing".

      Not sure how LavaBit could have architected things to not be in this position. Maybe giving each individual user a subdomain with its own separate SSL server key would allow a specific user to be targeted without breaking everyone's encryption. But quite frankly, who in their right mind would depend on a secure e-mail provider who'd design things for their own legal convenience?

      --
      Log in or piss off.
    26. Re:What moron judge allowed this? by david672orford · · Score: 5, Insightful

      Stop right there. The fact that they are allowed this without probable cause is already too much.

      It is interesting that the prosecutor portrayed this as a pen trap. Courts have ruled that users do not have a reasonable expectation that the numbers they dial on their phone line will remain private (basicaly because they show up on the bill) but that they do have a reasonable expectation that nobody is listening in. That is why this information can be obtained without probable cause. But if Lavabit offered specific guarantees that this information would not be recorded except in the encryted e-mail boxes, then the users had a reasonable expectation of privacy. This might make the use of a pen trap without probable cause illegal.

    27. Re:What moron judge allowed this? by NatasRevol · · Score: 1

      To you, yes.

      To the law, no.

      --
      There are two types of people in the world: Those who crave closure
    28. Re:What moron judge allowed this? by Lunix+Nutcase · · Score: 1

      It used to also be "settled law" that Jim Crow laws were legal. It used to be "settled law" that police didn't have to inform you of your rights when they arrested you and then could still use illegally coerced statements in court. There are plenty pther examples of "settled law" that was overturned as being unconstitutional or a misapplication of the law.

    29. Re:What moron judge allowed this? by david672orford · · Score: 2

      Lavabit shut down. Their other customers have lost service. They are almost certainly going to lose in court. I doubt many in the public will support them when the fact emerge that they were defying court orders.

      What if their appeal creates legal precedent which strengthens privacy protections? Presumably that is something the 400,000 users who lost service care about.

    30. Re:What moron judge allowed this? by fa2k · · Score: 1

      The best part was when LavaBit sent them the SSL key, as a 4 point font printout :-)

      That seems dangerous! While it may not be possible to read, there are not so many possibilities for each symbol (A-Z, 0-9), and one can determine data by trying different letters and seeing what the result is. This is similar to using "blur" functions in photo editors to censor things, which can also be defeated when the space of inputs is limited. It's much easier than a brute force attack because each symbol can be determined semi-independently. [I think there was a story on slashdot a LONG time ago, but can't find it]

    31. Re:What moron judge allowed this? by Anonymous Coward · · Score: 1

      Yeah, gee, just the people who've already contributed $150k to a guy who shut down their service. The fact has emerged and it seems even more people view the government as a bad guy here, because violating the constitution is generally worse than violating a blanket request to violate rights to privacy.

    32. Re: What moron judge allowed this? by DoofusOfDeath · · Score: 1

      We the People don't need clear guidance. The Government does.

    33. Re:What moron judge allowed this? by chaidawg · · Score: 1

      It is interesting that the prosecutor portrayed this as a pen trap. Courts have ruled that users do not have a reasonable expectation that the numbers they dial on their phone line will remain private (basicaly because they show up on the bill) but that they do have a reasonable expectation that nobody is listening in. That is why this information can be obtained without probable cause. But if Lavabit offered specific guarantees that this information would not be recorded except in the encryted e-mail boxes, then the users had a reasonable expectation of privacy. This might make the use of a pen trap without probable cause illegal.

      A private contract between a company and end user does not increase a right to privacy with respect to the government. In this instance it _might_ have triggered a lawsuit by users against Lavabit for breach of contract. Lavabit would win such a suit with the defense of having followed a court order.

    34. Re:What moron judge allowed this? by Anonymous Coward · · Score: 2, Insightful

      Lavabit shut down. Their other customers have lost service.

      Their other customers retained their privacy and security in the face of a well-resourced attack from the US government and Lavabit even managed to make the attack, it's tactics and its source publicly known. The owner sacrificed his business to do it. If there were a heaven for secure email services, Lavabit would be the ones getting to judge everyone else for whether they make the cut for getting in. I doubt you've ever been as successful at anything in your life as these people have in preserving their customers' privacy - which was exactly the service that they were providing.

    35. Re:What moron judge allowed this? by AHuxley · · Score: 2

      Re.."public will support them when the fact emerge that they were defying court orders."
      The public now understands that the totality of the encryption was at risk and not just for 'one' account.
      That basic insight is a great fact that has emerged and now its public can be talked about :)

      --
      Domestic spying is now "Benign Information Gathering"
    36. Re:What moron judge allowed this? by flex941 · · Score: 1

      I would say that e-mail headers are a part of the contents (the headers and contents are transferred after DATA command in SMTP stream) and should be protected information. The only thing that shouldn't be protected is what is used in "MAIL FROM:", "RCPT TO:", etc SMTP commands. Public information needed for mail routing and displayed prominently in every log file on the way.

    37. Re:What moron judge allowed this? by mrBoB · · Score: 2

      Hmmm... wonder if LavaBit can sue the Justice Department and the FBI for illegally restricting their commerce? IANAL, but damn sure wish I was...

      True justice transcends "laws." There are unjust, unfair and unethical laws. Unfortunately, too many people believe that "the law is the law" and it cannot be changed. The civil rights movement wouldn't have (moved) if it weren't for the realization of the contrary (that some laws _should_ be changed).

    38. Re:What moron judge allowed this? by AlphaWoIf_HK · · Score: 1

      Then they are complicit in the crimes against the people, whether or not most people think these things are crimes or not.

      --
      Da derp dee derp da teedly derpee derpee dum. Rated PG-13.
    39. Re:What moron judge allowed this? by david672orford · · Score: 1

      The other possibility is that your opinion is contrary to settled law.

      I think that is the key to why the judge ruled in favor of the prosecutor. From a technical perspective what was requested was analygous to a pen register and so he applied the pen register precedent. The problem with such a ruling is that Lavabit had offered guarantees of privacy which the telephone companies do not. This means that while the access requested may be the technical equivalent of a pen register, it may not be equivalent from a legal standpoint. But maybe this is something that has to be decided by an appeals court.

    40. Re:What moron judge allowed this? by tnk1 · · Score: 4, Insightful

      More likely it is:

      FBI: The precedents handed down allow us to demand this.
      Judge: That sucks... unfortunately you are right.
      FBI: Tell them to hand over the goods or we'll appeal and you'll get slapped down and you'll still have to do it.
      Judge: Fine, assholes.
      Lavabit: We're going to comply in the least cooperative way.
      Judge: Don't fuck with me, I'm already in a bad mood from Special Agent Dickface over there.
      Lavabit: Nyaahhh
      Judge: Okay, fine. Which is to say, pay a fine, now.

    41. Re:What moron judge allowed this? by cold+fjord · · Score: 1

      They could have just complied with the original demand for metadata for one user, which they admit they could have done, but didn't do. It is straight forward non-compliance with a legal order. The result was the order to produce the SSL keys.

      --
      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
    42. Re:What moron judge allowed this? by blueg3 · · Score: 4, Insightful

      They should have sent it 4 point one character per page.

      No. You should have a good reason for telling them "no", then you should tell them "no" with your reason, and get lawyers involved. Pretending to technically comply with a court order while making an obviously obstructive, bad-faith effort is a good way to ensure that things go rapidly downhill for you.

    43. Re:What moron judge allowed this? by MysteriousPreacher · · Score: 1

      Did you miss the White House memo on transparency?

      http://www.whitehouse.gov/the_press_office/TransparencyandOpenGovernment

      My Administration is committed to creating an unprecedented level of openness in your personal data. We will work together to ensure the public trust and establish a system of transparency, public participation, and collaboration. Openness will strengthen our democracy and promote efficiency and effectiveness in the wars on terror, copyright violation and whistleblowing.

      Your personal data should be transparent. Transparency promotes accountability and provides information for Government about what their subjects are doing. Information maintained by the Federal Government is a national asset. My Administration will take appropriate action, consistent with law and policy, to obtain your information rapidly in forms that the NSA and similar agencies can readily find and use. Executive departments and agencies should harness new technologies to put information about your operations and decisions online and readily available to the NSA. Executive departments and agencies should also solicit public feedback from ex White House staffers and former CIA leadership to identify information of greatest use to the Government.

      Government should be participatory, but isn't. Public engagement damages the Government's effectiveness and impairs the quality of its decisions. Knowledge is widely dispersed in society, and my friends benefit from having access to that dispersed knowledge. Executive departments and agencies should offer my friends and ex-agency people to participate in policymaking and to provide their Government with the benefits of their collective expertise and information. Executive departments and agencies should also solicit public input on how we can increase and improve opportunities for public participation in Government.

      Government surveillance should be collaborative, as it was in the former German Democratic Republic. Collaboration actively engages Americans in the work of their Government. Executive departments and agencies should use innovative tools, secret courts, and systems to cooperate among themselves, across all levels of Government, and with nonprofit organizations, businesses, and individuals in the private sector. Executive departments and agencies should solicit feedback the NSA to assess and improve your level of collaboration and to identify new opportunities for incarceration.

      I direct the Chief Technology Officer, in coordination with the Director of the Office of Management and Budget (OMB) and the Administrator of General Services, to obtain for me naked pictures of your mother and the last 30 days of emails you've sent and received, not because it serves any useful purpose, but because I can and will know your every secret.

      This memorandum is not intended to be honest or in any way representative of my administration's views on seeing your holiday photos and the drunken SMS conversation you had last Tuesday with your ex-wife.

      This memorandum shall be published in the Federal Register. Sleep well, loyal subject, for I stand guard against all the terrible things that could befall you. All I ask is that you trust me.

      BARACK OBAMA

      --
      -- Using the preview button since 2005
    44. Re:What moron judge allowed this? by FriendlyLurker · · Score: 1

      Congress was/is ignorant on NSA spying, FISA. Can't be held accountable to ignorance. Entertaining (Tedious?) subservient to power nonsense arguments from the cold fjord account, as usual.

    45. Re:What moron judge allowed this? by h4rr4r · · Score: 1

      Most likely true, settled law in the USA often includes insane things.

    46. Re:What moron judge allowed this? by AHuxley · · Score: 1

      Again Cold the legal team understood how the system worked and what the 'keys' would do. The keys and any future keys put all users at risk via that one demand.
      The result was the insight into how keys functioned and what been done to the encryption system for all users.

      --
      Domestic spying is now "Benign Information Gathering"
    47. Re:What moron judge allowed this? by TangoMargarine · · Score: 2

      Protecting *all* of your users or shutting down to avoid betraying one of them has a philosophical elegance about it in my mind. After all, what good is your service if it's basically "we'll protect your data...unless the government tells us they feel like reading yours. Then you're SOL"?

      Granted, it's debatable whether that was really the intent, but oh well.

      --
      Unity? Screw that: XFCE. Slashdot Beta? Screw that: SoylentNews. Australis? Screw that: Pale Moon. UX developers DIAF
    48. Re:What moron judge allowed this? by TangoMargarine · · Score: 2

      Back in grade school, with the random printer we had and my bare eyes, I could read font size 2 printouts with just a bit of squinting. And there's OCR.

      --
      Unity? Screw that: XFCE. Slashdot Beta? Screw that: SoylentNews. Australis? Screw that: Pale Moon. UX developers DIAF
    49. Re:What moron judge allowed this? by dcollins · · Score: 3, Insightful

      I wish I could agree but I don't. The US government has crushed some fairly small-time players. They have the big players well in control (MS, Google, Facebook), and they aren't going anywhere (too many stakeholders, can't be moved or shut down the same way). This particular skirmish is win-win for the US government -- fewer choices for citizens, more people forced onto the big centralized systems they have full access/control to, proven threats to use against any future outliers.

      --
      We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes
    50. Re:What moron judge allowed this? by david672orford · · Score: 1

      A private contract between a company and end user does not increase a right to privacy with respect to the government. In this instance it _might_ have triggered a lawsuit by users against Lavabit for breach of contract. Lavabit would win such a suit with the defense of having followed a court order.

      You are correct in that a contract in which one party promises not to comply with court orders is unenforcable. But if the law says that a pen register can be used under certain circumstances, the parties absolutely can enter into a contract which prohibits them from creating those circumstances. If the Lavabit contract offered guarantees that the e-mail header information would not or could not be read by employees, that may have created a "reasonable expectation of privacy". Since reasonable expectation of privacy is a very important factor in determining whether monitoring by government officials is legal or illegal, creating such an expecation will in fact increase your legal protection from government monitoring. For example, if you are doing something on your front law, the police may observe. If you go inside and pull down the blinds, they need a search warrant.

    51. Re:What moron judge allowed this? by AHuxley · · Score: 1

      The interesting aspect is that the laws often cited and offered as justification come from the copper line past.
      The vision of a skilled technical staff with alligator clips at an exchange or in suburbia, connecting to one phone, on one legally defined hardware circuit.
      Now you have to opportunity to acquire the digital code for 400,000 individuals with one trip to court :)

      --
      Domestic spying is now "Benign Information Gathering"
    52. Re:What moron judge allowed this? by SuricouRaven · · Score: 1

      Then congress will quickly pass a new law to overrule that precedent. They can call it the... 'PATRIOT' is taken. Maybe the 'SAFE AMERICA' act. Something with an awkward backronym, anyway.

    53. Re:What moron judge allowed this? by cold+fjord · · Score: 1

      And you wouldn't complain about a SWAT team, right? A SWAT team would make no sense, wouldn't get them what they asked for, and would generate news reports that could defeat the purpose of the investigation. What they really wanted was pretty obviously what they originally asked for. But hey, the Truth be damned!

      --
      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
    54. Re:What moron judge allowed this? by TheGratefulNet · · Score: 1

      other distractions will be brought out or synthesized to keep us 'busy' and talking about some other random topic. mass distraction is the favorite tactic to stop people from really thinking about what's going on, with the real issues.

      --

      --
      "It is now safe to switch off your computer."
    55. Re:What moron judge allowed this? by sjames · · Score: 2

      Actually, it does. The 'expectation of privacy' is not based on a particular entity, but is based on who the information is already disclosed to. For example, you have no expectation of privacy in a park because total strangers can see what you're doing and you know it.

      The whole pen register deal was a bit of sophistry in the first place claiming that you already disclosed the number dialed to the phone company. Lavabit ups the ante by specifically agreeing that the headers are your private information and that they won't record them (unlike the phone company).

    56. Re:What moron judge allowed this? by cold+fjord · · Score: 1

      You're still dancing around the fact that Lavabit could have provided the metadata for just one user, as requested, but didn't. That would not have revealed the keys for everybody.

      --
      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
    57. Re:What moron judge allowed this? by X0563511 · · Score: 1

      I think it has more to do with the fact that most US users don't have any such symbology on their keyboards.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    58. Re:What moron judge allowed this? by X0563511 · · Score: 1

      The court case is already done and over with.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    59. Re:What moron judge allowed this? by AHuxley · · Score: 1

      Re provide the metadata? Under telecoms laws in say Australia or UK...that would/could have been done.
      Thankfully in the US the wider legal/tech aspect to get the keys part seems to have been understood in time. Now the press, lawyers, law reform groups, politicians, academics and future coders can discuss aspects of the case :)

      --
      Domestic spying is now "Benign Information Gathering"
    60. Re:What moron judge allowed this? by david672orford · · Score: 2

      Then congress will quickly pass a new law to overrule that precedent. They can call it the... 'PATRIOT' is taken. Maybe the 'SAFE AMERICA' act. Something with an awkward backronym, anyway.

      Congress can "overrule" court precedent under two circumstances: 1) the law was ruled unconstitutional due to a correctable technical fault such as being too vague or 2) the court ruled that the law did not apply to the specific case and that if congress wants it to apply to such cases in the future it should rewrite it. But congress cannot overrule a court finding that a law violates the constitution by its intent. That requires a constitutional amendment.

    61. Re:What moron judge allowed this? by Leafheart · · Score: 1

      ...when the fact emerge that they were defying [Secret, Unaccountable, Undemocratic] court orders.

      Still court orders for the general public. The bolded part is easily ignored.

      --
      --- "When you gotta do something wrong. You gotta do it right. (Fighter)"
    62. Re:What moron judge allowed this? by c · · Score: 1

      Protecting *all* of your users or shutting down to avoid betraying one of them has a philosophical elegance about it in my mind.

      Pretty much my line of thought.

      Unfortunately, as a practical, sustainable business plan it depends on your users to not do things that would cause someone force you to make the choice.

      --
      Log in or piss off.
    63. Re:What moron judge allowed this? by bill_mcgonigle · · Score: 1

      I'd complain, sure, but that's what they do. They would seize the servers, most likely. Denying the truth of how the FBI operates won't change anything.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    64. Re:What moron judge allowed this? by tlhIngan · · Score: 2

      Things are a bit more involved than they seem from reading just the summary. The fed originally requested that LavaBit provide them with information regarding a single account (header information only, but on an ongoing basis), which they are allowed to obtain without probable cause. LavaBit refused the initial request, then stalled when given a court order to provide this information (I believe LavaBit was in the right in doing so -- I'm NOT supporting the fed's case, just providing information). The fed took LavaBit back to court, and obtained a court order requiring that LavaBit provide the SSL key, as the fed did not believe that LavaBit would comply with an order for information on a single account. The best part was when LavaBit sent them the SSL key, as a 4 point font printout :-)

      In other words, when LavaBit wouldn't provide them information on a single account, the fed escalated to the nuclear option.

      Slight error.

      The Feds wanted a "pen register" put on an account (basically an account of destinations and origins). Lavabit refused, saying that even if they had that data, it'll be encrypted and thus useless.

      The feds then asked for a key to that information, which was also refused because that would reveal unrelated users accounts.

      Then the feds asked for a wiretap warrant (which is actually a VERY hard thing to get and requires a ton of manpower because you're not allowed to record unrelated conversations)

      The judge granted the order because she was very unimpressed with lavabit's responses - the first she accepted just fine (ok, it's encrypted). So she allowed the second order for the encryption key to decrypt just that account.

      When lavabit refused because it would reveal more information than the warrant allowed ,she got a bit testy - why would you do everything based on one key? Secure email indeed...

      So the feds got back with a wiretap warrant because if getting the requisite key was going to decrypt everything, then that's the only way it'll be allowed.

      Basically the nuclear option was taken because the precise strike option was blocked - Lavabit said they can't do the pen register (or rather, it would be useless as that information is encrypted). But to decrypt that would require using the global site key which would unlock more accounts than just the one, so the feds have no choice but to ask for said key.

      The judge couldn't see why there couldn't have been a per-account key used to guard the data per account, rather than locking it all up with one global key.

      Even worse, lavabit's still on the hook for the information despite being shut down.

    65. Re:What moron judge allowed this? by the+eric+conspiracy · · Score: 1
    66. Re:What moron judge allowed this? by shentino · · Score: 1

      Probably because stuff on the *outside* has no reasonable expectation of privacy.

    67. Re:What moron judge allowed this? by HeckRuler · · Score: 1

      This is a democracy right?
      Who Run Bartertown?

    68. Re:What moron judge allowed this? by cold+fjord · · Score: 1

      On that we can agree.

      --
      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
    69. Re:What moron judge allowed this? by CowTipperGore · · Score: 1

      No. You should have a good reason for telling them "no", then you should tell them "no" with your reason, and get lawyers involved. Pretending to technically comply with a court order while making an obviously obstructive, bad-faith effort is a good way to ensure that things go rapidly downhill for you.

      Why do you assume that Lavabit did not say "no", provide the reasons, and engage lawyers? When you are told by a judge that your arguments do not matter and you must compromise both your values and your core business model, creatively dragging your feet can be the only option left.

    70. Re:What moron judge allowed this? by 0111+1110 · · Score: 1

      The problem is that would have been morally wrong. You do at least understand that some people have principles even if you don't, right? If you promise privacy for your users you don't then violate that privacy no matter who it is that is asking you to do it or what any particular user was alleged to have done. When you make a promise you should keep it. This is aside from the fact that we all have a responsibility to protect a national hero from persecution.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    71. Re:What moron judge allowed this? by weilawei · · Score: 1

      I wish I hadn't spent all my mod points. +1 Insightful

    72. Re:What moron judge allowed this? by CowTipperGore · · Score: 4, Informative

      The FISA courts were created by Congress, the same as any other Federal court besides the Supreme Court. The FISA court is accountable to both its appeal court and the Supreme Court like other Federal Courts, and the Judges can be removed by Congress as can other Judges. In fact, the Judges on the FISA court are ordinary Federal judges that rotate through the FISA court from other Federal courts.

      The FISA Court is accountable to no one. The FISA Court meets in secret and only one side is represented, so there is no possibility of appeal for those whose rights are trampled. The FISA Court has denied only 11 of 33,942 requests in its 33 years of operation and the FISA Court of Review has met a total of twice in that time period. The design and operation of the FISA Court provides no path for accountability to the Supreme Court. Even if the telecom companies that were required to provide customer data to the government wanted to appeal, there is no requirement that their arguments are considered (the FISA Court allowed Yahoo! to appeal in 2008 so that the law in question could be ruled okay and a heavily redacted ruling released to make sure no one else bothers to try). No FISA-related case has ever gone to the Supreme Court and it isn't clear how one could.

      Congress has no oversight of the judges. Each judge is appointed by the Supreme Court Chief Justice with no oversight or confirmation by anyone else, including Congress. In the 33 years of FISA, we've had three chief justices, all conservative Republicans. John Roberts appointed every single FISA Court judge currently serving.

      Your dishonesty regarding FISA is troubling. Either you are ignorant of something you strongly support or you are lying in hopes of deceiving others.

    73. Re:What moron judge allowed this? by blueg3 · · Score: 1

      I don't assume, I read a number of descriptions of what happened.

      The lawyers you engage in step 3 would be happy to explain why trying to "creatively" make bad-faith efforts is not a smart approach.

    74. Re:What moron judge allowed this? by Blaisun · · Score: 1

      I wholeheartedly agree with what you are saying, and i would agree that it would apply to communications that stayed within the confines of the Lavabit encrypted Mail system. But the second an email leaves and head to another email server, it is now public and would no longer have an expectation of privacy. the email headers would have to be in the clear in order for the email to reach its destination.

    75. Re:What moron judge allowed this? by CowTipperGore · · Score: 1

      I don't assume, I read a number of descriptions of what happened.

      Then you should keep reading because you've obviously missed some details.

      The lawyers you engage in step 3 would be happy to explain why trying to "creatively" make bad-faith efforts is not a smart approach.

      The fact that they essentially thumbed their noses at the FBI, NSA, and federal courts without legal ramification tells a thinking man that their attorneys were very much engaged in making sure they toed the line without crossing it. Believe it or not, there are actual attorneys out there who are willing to operate on the edges of a broken system in the fight for what's right.

    76. Re:What moron judge allowed this? by sjames · · Score: 1

      Actually, only the to address needs to be exposed to the other server. The from might or might not be an actual address.

      Even that is not necessarily 'public' since the email could be delivered over TLS. It could also be that the email is to another lavabit user.

    77. Re:What moron judge allowed this? by intermodal · · Score: 1

      Depends on your definition of win. As best I can tell, Lavabit has won. Even if they lose the case. The feds will just write it off as what I'm sure they see as "necessary collateral damage". Thankfully, Lavabit is returning that favour.

      --
      In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
    78. Re:What moron judge allowed this? by intermodal · · Score: 1

      I think it's adorable that you think oversight on a secret court counts as actual oversight. It's like pretending the NSA must be doing everything legally and within their appropriate legal and constitutional bounds because of their theoretical oversight within the executive branch (who are basically not allowed to know what the NSA is up to anyway, if they'd understand the jargon they might explain it in).

      --
      In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
    79. Re:What moron judge allowed this? by Em+Adespoton · · Score: 1

      It's not a warrant. Email headers are not protected information under the law so all you need is a subpoena. Since they are disclosed to third parties there is no expectation of privacy under current law.

      It's the same idea that the outside of the envelope that you give the postman is not protected. Nor is a list of phone numbers that you call.

      I've been thinking about this. The idea with the original pen laws was that anyone could ask the people holding the information for it, and they could provide it, with no legal repercussions. The person who was the recipient (or sender) could not claim anything under freedom of speech or privacy laws.

      HOWEVER, there is no law that I know of that requires me to divulge information to the government about someone else without a warrant. Sure, I'm protected if I decide to do it, but there's nothing compelling me to do it of my own free will.

      In this case, LavaBit declined to provide it of their own free will, so the FBI got a (sealed) warrant. To this point, everything seems in order. LavaBit then delayed complying with that warrant, at which point the FBI shouted "bad faith" and asked the court for a warrant that would sidestep the issue -- but what they asked for was protected under privacy and possibly freedom of speech. LavaBit found ANOTHER "bad faith" method of complying with the letter of the law while not breaking the others; the court deemed this unacceptable, and LavaBit shut down. The Court then went after the man who had been the owner of LavaBit. This is all still sealed. The man hired a lawyer, who then asked that the information be unsealed, as there is no reason for it to be sealed. The court agreed, and so the information was unsealed.

      It is interesting though that refusing to comply with the original request resulted in tainting the court's perception and acting towards them agreeing to a court order that should never have been made. The court would have been within their rights to start issuing sanctions against LavaBit for not complying with the original order in a timely manner, but they chose not to.

    80. Re:What moron judge allowed this? by intermodal · · Score: 1

      It's a pretty fundamental difference, but that won't make any difference to the totalitarians who believe that questionable analogies are legitimate and binding legal arguments.

      --
      In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
    81. Re:What moron judge allowed this? by intermodal · · Score: 1

      And shuffled. And with non-numbered pages.

      --
      In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
    82. Re:What moron judge allowed this? by nytes · · Score: 1

      Courts have ruled that users do not have a reasonable expectation that the numbers they dial on their phone line will remain private (basicaly because they show up on the bill) but that they do have a reasonable expectation that nobody is listening in.

      I'm waiting for the day some rogue phone company employee dumps a database of all the congresscritters' personal phone activity on to the internet for public scrutiny.

      --
      -- I have monkeys in my pants.
    83. Re:What moron judge allowed this? by SuricouRaven · · Score: 1

      By more cynical. They don't need to play fair. There is a very well-established political tradition of circumventing court decisions by passing laws which achieve the desired outcome but via indirect means.

      Some examples:
      - Courts rule that cities cannot pass laws prohibiting registered sex offenders from residence, as this would constitute a cruel and unusual punishment for those who have already served their court ordered sentences. Legislature instead passes laws imposing intentionally impossible reporting requirements, or mandating sex offenders inform all their neighbours so a lynch mob can be assembled, or pass 'exclusion zones' that overlap to cover entire cities.
      - Just about anything relating to abortion in the US.

      In this case, I can see a number of possibilities by which the courts could be dodged:
      - Government contracts could be made dependant upon 'voluntary' compliance. Sure, a company might not have any real legal reguirement to hand over data... but then they'd have to turn down potentially hundreds of millions of dollars. This wouldn't work on a small company like Lavabit, but it'd make sure the Googles, Microsofts and Apples obey.
      - Congress could pass a new, blatantly unconstutitional law requiring handing over the information. It may well be struck down, eventually - but someone would have to pay the legal costs first, and then a new law can be passed. Eventually there will be a suitably sympathetic court, too. This happens a lot with abortion: Republicans are always passing laws at state level they know will be struck down, because doing so proves their pro-life credentials and so helps them get elected. Remember, there's no penalty for congress passing something unconstitutional, so they have little reason to worry about it.
      - They could pass a law requiring handing over information, but impose requirements intended to make it as difficult as possible to oppose it by classifying the orders so highly even lawyers and judges are not authorised to know of their existance. Anyone who then tried to oppose the demand would thus open themselves up personally to the risk of jail time for even telling their lawyer - and a lot of activists are all to happy to talk about their dedication, but fold like an accordian when their freedom is on the line. Judges really frown heavily upon this type of trick, but if done right then no judge will get a chance to hear about it.
      - Congress could just pass a law ordering courts to apply a different test than that which precident mandates. Constutitional? No. But that didn't stop them passing the Religious Freedom Restoration Act. That was eventually partially struck down, but it took four years.

      One thing the US government has a lot of practice at is lawyering around their own rules. It comes from being so internally divided by design. Courts, congress, state legislature, local government all trying to achieve different agendas, often opposing each other, and using any trick they can in a great political game of strategy.

    84. Re:What moron judge allowed this? by the+eric+conspiracy · · Score: 1

      > HOWEVER, there is no law that I know of that requires me to divulge information to the government about someone else without a warrant. Sure, I'm protected if I decide to do it, but there's nothing compelling me to do it of my own free will.

      Better brush up. All sorts of laws require you to divulge information to the government about someone else without a warrant. We can start with subpoenas, and then work through various financial reporting laws and so on.

    85. Re:What moron judge allowed this? by cold+fjord · · Score: 1

      It's pretty common to challenge authority in America in various ways. There were other ways they could have gone about it. Instead of complying with a lawful order as they had in the past, this time they did it in an ill considered way and now the joke is on their customers. Ha ha?

      --
      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
    86. Re:What moron judge allowed this? by cold+fjord · · Score: 1

      No, Lavabit is appealing.

      --
      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
    87. Re:What moron judge allowed this? by Em+Adespoton · · Score: 1

      Yeah; I was being a bit glib. But in this circumstance, I believe "no" is a legal (if not very pleasing to the government) answer, and they have to come back with something from the legislative branch. Obviously, the IRS can ask for your tax return and expect to get it.

    88. Re:What moron judge allowed this? by Actually,+I+do+RTFA · · Score: 1

      The judge didn't *understand* the situation -- she outright questioned whether "unencrypted" was even a word

      Isn't she right, in this context. It seems like the lawyer used unencrypted when he should have used decrypted, and she mocked him for this.

      --
      Your ad here. Ask me how!
    89. Re:What moron judge allowed this? by cold+fjord · · Score: 1

      The FISA court is accountable ultimately to the Foreign Intelligence Surveillance Court of Review and the Supreme court for its decisions, and Congress can remove the judges for misconduct. Anyone receiving an order from the court can appeal it to the court or the review court. An appeal would go from the Court of Review to the Supreme Court. There is little mystery there, you are just uninformed, and apparently making things up as you go.

      The U.S. Foreign Intelligence Surveillance Court and the U.S. Foreign Intelligence Surveillance Court of Review: An Overview

      In addition, the Court of Review has jurisdiction over petitions for review of a decision under section 501(f)(2) of FISA, 50 U.S.C. 1861(f)(2), to affirm, modify, or set aside a production order or nondisclosure order filed by the government or any person receiving such an order.35 Upon the request of the government, any order setting aside a nondisclosure order shall be stayed pending such review.36

      The Court of Review shall provide for the record a written statement of the reasons for its decision and, on petition by the government or any person receiving such order for writ of certiorari, the record shall be transmitted under seal to the Supreme Court of the United States, which shall have jurisdiction to review such decision.

      The FISA court has modified hundreds of warrants, and the government has withdrawn many times the number of warrant requests that were turned down. There should be little surprise that most warrants are granted since that is a routine legal mechanism with well known and not especially onerous requirements, and the Department of Justice lawyers are expected to be skilled professionals with oversight.

      It isn't that I'm dishonest, you are simply uninformed and ill mannered. If you become better informed you will probably be less troubled. Your post is nonsense.

      --
      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
    90. Re:What moron judge allowed this? by cold+fjord · · Score: 1
      --
      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
    91. Re:What moron judge allowed this? by cold+fjord · · Score: 1

      No, Lavabit didn't win. It appears they handed over the keys as demanded, and then shut down, so the FBI must have received the data it was looking for. It only came to the point that it did because he didn't cooperate with the initial, much more limited demand. There is little collateral damage there except to Lavabit. I'll be surprised if he can win much of anything on appeal, which they are pursuing. Given his repeated non-compliance it might even turn into what you may view as a bad precedent, at least for that court.

      --
      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
    92. Re:What moron judge allowed this? by cold+fjord · · Score: 1

      I doubt that Lavabit has a case over commerce. It was the owner's decision to shut down.

      Lavabit didn't comply with the initial, specific and limited request which appears to be pretty well settled in law as to the right of the government to ask for it. Some laws indeed should be changed, but Lavabit made some very poor choices here, including not complying with a demand that they apparently had complied with in previous instances. I wouldn't count on a favorable outcome from the appeal, but I suppose anything is possible.

      --
      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
    93. Re:What moron judge allowed this? by intermodal · · Score: 1

      You've got a very narrow view of this situation, and seem to be worse off for it. the more Lavabits we have refusing to be complicit in these unethical overreaches, the more we all win.

      --
      In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
    94. Re:What moron judge allowed this? by david672orford · · Score: 1

      I wholeheartedly agree with what you are saying, and i would agree that it would apply to communications that stayed within the confines of the Lavabit encrypted Mail system. But the second an email leaves and head to another email server, it is now public and would no longer have an expectation of privacy. the email headers would have to be in the clear in order for the email to reach its destination.

      The question is not whether if is physically possible for a determined third part to abtain this information. The question is does the sender have a "reasonable expection of privacy". The established legal principle is that when the expectation is high enough, a search warrant is required. Precautions which leave a wiretap on the Internet as the most practical way to obtain the information create a significantly higher expecation of privacy.

    95. Re:What moron judge allowed this? by david672orford · · Score: 1

      This is true, corrupt officials have all sorts of underhanded ways to fight a ruling they don't like. I was addressing the narrow question of whether they can reverse it outright simply by passing a law.

    96. Re:What moron judge allowed this? by david672orford · · Score: 1

      No, Lavabit didn't win. It appears they handed over the keys as demanded, and then shut down, so the FBI must have received the data it was looking for.

      It appears the key they handed over was their SSL key which is used to encrypt communications with their server as it passes over the Internet. The FBI wanted to wiretap their Internet line and decrypt the communications. They shut down so that there would be no communications.

    97. Re:What moron judge allowed this? by cold+fjord · · Score: 1

      Re provide the metadata? Under telecoms laws in say Australia or UK...that would/could have been done.

      It could have been done in this case as well. The metadata is all the investigators wanted. I believe this or another article indicated that they had complied with such requests in the past. It was Lavabit's refusal to comply with the initial limited request that generated the much more general request for the keys.

      Thankfully in the US the wider legal/tech aspect to get the keys part seems to have been understood in time. Now the press, lawyers, law reform groups, politicians, academics and future coders can discuss aspects of the case :)

      There would be no case for the keys if Lavabit had complied with the initial limited request. Now there is likely to be a precedent generated, and there is a good chance it will not be one you like. Lavabit was engaged in a pattern of willful noncompliance and obstruction. I doubt that will make a good case for them.

      --
      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
    98. Re:What moron judge allowed this? by AHuxley · · Score: 1

      Re a "good case for them" and the precedent generated :)
      The US brings it to a tame federal court, gets its 15-20-25 years-life conviction for one or more people.
      Like the Soviet Union "power" has done its duty and its a win with advancement for the staff.
      Then the unexpected optics start to take over. Terms like "political prisoner", martyr, cause celeb spread. The press... academies, lawyers.... books, movies follow.
      That win feels great for a few months and is politically difficult for the next 15-20-25 years.
      No amount of suckpuppets can rework that event :)

      --
      Domestic spying is now "Benign Information Gathering"
  6. That doesn't follow by swillden · · Score: 4, Informative

    if the FBI can force Lavabit to hand over their SSL key or face shutdown, they can do it to anyone.

    I don't think so. There's a big difference between the legal firepower available to a small service provider like Lavabit and someone like Yahoo or Google -- and handing over the ability to read everything is definitely not something that a simple warrant can legally require. Nor even an NSL.

    In fairness, in this case the FBI's original request did ask for just specific metadata about one user. I haven't read it closely enough to understand how the scope was broadened so dramatically, except that I understand that Lavabit refused to comply early on, and then eventually the FBI decided that they didn't trust Lavabit to comply correctly due to Lavabit's obstructionism, and so decided that they just wanted to be able to read all the traffic and extract the bits they needed themselves.

    Lavabit, of course, decided to shut down instead. That way there would be no traffic to read.

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    1. Re:That doesn't follow by h4rr4r · · Score: 4, Insightful

      In all fairness their first request was horseshit. The idea that the metadata of email even encrypted email is not protected is already so outlandish as to be nearly unbelievable. We now know we live in a police state.

      This judge is either willingly part of this bullshit or the most naive SOB that ever lived when he believed the FBI would only take the information the warrant allowed. If you give them the ability to get more they will take more.

    2. Re:That doesn't follow by the+eric+conspiracy · · Score: 4, Insightful

      Umm in a police state Lavabit would have never existed in the first place.

      We are in one of those times where the US government is over-reaching their powers under the Constitution. It isn't the first time.

      Time to wake up folks. The price of freedom is eternal vigilance.

    3. Re:That doesn't follow by h4rr4r · · Score: 3, Insightful

      All police states have to start somewhere and letting lavabit operate while holding the keys to it is one hell of an observation tool.

      I am aware this is not the first time, but like before we will need something major to wake people up.

    4. Re:That doesn't follow by Anonymous Coward · · Score: 1

      Vigilance is worth shit unless you actually stand up and do something.

    5. Re:That doesn't follow by AHuxley · · Score: 1

      The encryption system was set up to be robust and hard to fool internally or externally.
      So the legal requests would have been escalated until the 'read all the traffic and extract the bits they needed themselves.' aspect was reached.
      The legal insight could come down to one line "By handing over the keys, the encryption keys in this case, they necessarily become less secure" [400,000 individuals]

      --
      Domestic spying is now "Benign Information Gathering"
    6. Re:That doesn't follow by AHuxley · · Score: 1

      Re Give up all that juicy information flow?
      In other countries cleared bureaucrats or police would self sign a letter and be sending automated logging requests to isp's long term based on ip's and content :)

      --
      Domestic spying is now "Benign Information Gathering"
    7. Re:That doesn't follow by swillden · · Score: 1

      I don't think so. There's a big difference between the legal firepower available to a small service provider like Lavabit and someone like Yahoo or Google -- and handing over the ability to read everything is definitely not something that a simple warrant can legally require. Nor even an NSL.

      There's also a difference in the willingness to fight of someone like Yahoo or Google, as already well demonstrated. Neither company would shut down rather than comply if faced with such an order.

      Lavabit wouldn't shut down rather than comply with the original warrant, either. In fact, Lavabit eventually decided to comply, but given the nature of their system and the way they'd tried to obstruct the warrant initially, the feds didn't trust them to comply and do demanded total access, with the support of the court. Lavabit chose to shut down rather than throw the doors open.

      Google and Yahoo would have complied with the initial, narrow request, so the sweeping demand would never have come up. But if it had, I really doubt they'd have rolled over. I'm certain Google would have refused, at least.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    8. Re:That doesn't follow by gallondr00nk · · Score: 1

      I don't think so. There's a big difference between the legal firepower available to a small service provider like Lavabit and someone like Yahoo or Google.

      Agreed, but I wonder if this has anything to do with the backdoors to major service providers that Snowden alleged that the NSA had as part of the PRISM program. What is the probability of the NSA somehow acquiring SSL root certificates to all of their servers, either through secret court decisions or voluntarily? Not especially high in my opinion, but not impossible.

      It wouldn't be the first time major, invasive collusion occured between a government agency and a private corporation. It also wouldn't be the first time it was done voluntarily.

      There are documents suggesting that the NSA have unfettered access, and denials, and more assertions. We're pretty sure they're involved, but to what degree? Remember at first they all said they'd never even heard of PRISM, that is until documents were leaked mentioning their involvement by name.

      We're all just guessing really, and I have no doubt that there's as much deliberate disinformation as there is real information. The "truth" doesn't really matter. The link of trust is already broken, and it's unlikely to be repaired for years if not decades.

      SNAFU indeed.

    9. Re:That doesn't follow by CowTipperGore · · Score: 1

      I don't think so. There's a big difference between the legal firepower available to a small service provider like Lavabit and someone like Yahoo or Google...

      Then you should think again. The difference is the willingness of a small company to stand up for their values versus a large company's desire to continue making money. Yahoo! challenged the so-called "Protect America Act" in 2008, arguing that the broad, warrantless Internet surveillance (in which they were required to participate) was unconstitutional. The case was sent to the FISA Court, which rejected their arguments. They were allowed to appeal to the FISA Court of Review (one of only two meetings of the court in 33 years), where they also lost. The ruling included this gem: "...efforts to protect national security should not be frustrated by the courts."

      ...and handing over the ability to read everything is definitely not something that a simple warrant can legally require.

      Wrong again. A good deal of the data collected and stored by the NSA's PRISM program didn't even require a warrant. Other items were obtained with overly broad and legally unsound "warrants". For example, Verizon has been providing detailed telephone records to the NSA on every call in its systems for months.

    10. Re:That doesn't follow by intermodal · · Score: 1

      Sure it would. It just wouldn't be publicly bought and sold as a service. And it would probably disguise its transmissions as funny pictures of cats.

      --
      In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
    11. Re:That doesn't follow by intermodal · · Score: 1

      The only fundamental difference is the cojones to actually tell the government exactly where they can go.

      --
      In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
  7. Should the US still be in charge of the internet? by Anonymous Coward · · Score: 5, Interesting

    Go ahead, mod me troll. But given the recent revelations, how can we claim to be any better than even the fucking UN at this point? I've made a complete u-turn on this issue, and it scares the crap out of me that I would have continued to defend the US as the savior and guardian of the open and free internet if it wasn't for a single guy leaking some stuff. And we can't even push something as simple as net-neutrality regulations through without it becoming a horrible political mess.

    Fuck this government and its institutions and fuck the people that support it.

  8. Contribute by kajsocc · · Score: 5, Informative

    Lavabit is still in court over this. You can contribute to their legal defense fund here.

    1. Re:Contribute by Mhtsos · · Score: 2

      Mod parent up.
      Also google, amazon and microsoft should be fighting on who will send the most lawyers over to lavabit if they have any sense in them, because of a thing called legal precedence.

    2. Re:Contribute by DeathToBill · · Score: 5, Informative

      I'm blowing seven mod points I've already handed out on this story doing this, but meh, who cares. Pointing out someone has no idea what they're talking about is worth it. Sending the most lawyers has nothing to do with legal precedence. Lawyers can't influence legal precedence any more than any other person in the country. I'm not sure why you even care about legal precedence - it's not usually a very controversial subject. It's just how things are.

      A court has precedence because courts are set up in a hierarchy by the legislature.

      Some types of law have precedence over others, for instance the constitution over statute and statute over regulation.

      Of course, they may want to send lawyers because of things called legal precedents. It's something different. Go look it up.

      --
      Slashdot - News for Nerds, Stuff that Matters, in ISO-8859-1 Has just realised that beta makes this signature redundant
    3. Re:Contribute by Ragica · · Score: 3, Interesting

      It's interesting that Americans have a choice to contribute a few bucks to this defense... while having apparently no choice about the amount they are paying for the prosecution.

    4. Re:Contribute by ColdWetDog · · Score: 2

      You blew mod points because of spelling error?

      Kudos to you sir, a Slashdot pedant extraordinaire. It's what makes us great!

      --
      Faster! Faster! Faster would be better!
    5. Re:Contribute by dcollins · · Score: 2

      That's "a spelling error".

      I blew twenty-four mod points, came home from work, crashed my car, paid a thousand dollars, screamed at some people on the street, and made my girlfriend break up with me in order to fix that missing article.

      --
      We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes
    6. Re:Contribute by DeathToBill · · Score: 1

      You win.

      --
      Slashdot - News for Nerds, Stuff that Matters, in ISO-8859-1 Has just realised that beta makes this signature redundant
    7. Re:Contribute by denise_yenko · · Score: 1

      That's "a spelling error".

      I blew twenty-four mod points, came home from work, crashed my car, paid a thousand dollars, screamed at some people on the street, and made my girlfriend break up with me in order to fix that missing article.

      First part of your comment was good, even funny. Your tagline, "I've taught at both union and non-union schools. Unions are better for students and teachers." not so much. All 'public (dis)service' unions, and that includes the teachers' unions -- which are the proximate cause of the demonstrable stupidity of the last two generations -- are simply extortionate groups preying on the public purse.

      --
      I'm armed and I haven't changed my patch, so don't start with me -- you *know* how I get!
  9. So much for narrow scope by Supp0rtLinux · · Score: 3, Interesting

    I thought these and similar laws (wiretap, etc) were only allowed to act upon the entities being investigated and for which the warranty was issued. And it sounds like Lavabit tried to keep the scope narrowed to the one person being investigated, but the FBI wanted more. Isn't this over reaching the scope of the warrant and therefore any case developed would be tossed out? IANAL, but I thought the scope limitations were there for a reason. That idea TPB had to buy an island is sounding more and more convincing these days...

    1. Re:So much for narrow scope by cold+fjord · · Score: 1

      I thought these and similar laws (wiretap, etc) were only allowed to act upon the entities being investigated and for which the warranty was issued. And it sounds like Lavabit tried to keep the scope narrowed to the one person being investigated, but the FBI wanted more.

      The Feds originally just wanted metadata for one account, which Lavabit could have provided. They didn't comply with court orders so now they are facing the consequences.

      --
      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
    2. Re:So much for narrow scope by Anonymous Coward · · Score: 1

      they didn't comply with FBI orders they went to court ti fight it since they were fighting it the FBI wanted complete access. Sounds to me like a kangaroo court. You are not allowed to talk to anyone and if you refuse we will go after everyone.

  10. misleading summary by schneidafunk · · Score: 3, Informative

    Lavabit did not offer an alternative solution, they offered to comply with the ORIGINAL search warrant that asked for just one user after prosecutors upped the ante when Lavabit refused the first search warrant.

    FTA:
    "By this point, Levison was evidently willing to comply with the original order, and modify his code to intercept the metadata on one user. But the government was no longer interested."

    --
    Some people die at 25 and aren't buried until 75. -Benjamin Franklin
    1. Re:misleading summary by Spazmania · · Score: 1

      The government was no longer interested because Levison defied the court's order and stalled the FBI for months. When you act to eliminate the presumption of willingness to cooperate with the Feds, neither they nor the court tend to afford you leeway when setting the terms of that cooperation.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
  11. Groklaw/PJ by Anonymous Coward · · Score: 2, Interesting

    Was this the thing PJ said she couldn't reveal but would cause anyone to distrust email?

  12. Re:If by fustakrakich · · Score: 1

    Is the situation really different anywhere else?

    Of course not. Therefore we have to do this.

    Pssst, hey, buddy.. Wanna buy a court order? I gotta million of 'em, right here in my pocket.. Waddya need? I got your restraining orders, discovery, wiretap, asset forfeiture, arrest warrants, you name it...

    --
    “He’s not deformed, he’s just drunk!”
  13. update by Anonymous Coward · · Score: 5, Interesting

    UPDATE 7:00pm CT: In a press release published on his Facebook page, Levison confirmed the unsealing and laid out his defense.

    “People using my service trusted me to safeguard their online identities and protect their information. I simply could not betray that trust," he said. "If the Obama administration feels compelled to continue violating the privacy rights of the masses just so they can conduct surveillance on the few then he should at least ask Congress for laws providing that authority instead of using the courts to force businesses into secretly becoming complicit in crimes against the American people. http://arstechnica.com/tech-policy/2013/10/lavabit-defied-order-for-snowdens-login-info-then-govt-asked-for-sites-ssl-key/

  14. simple: if it goes over the internet, it's public by Anonymous Coward · · Score: 1

    act accordingly.

  15. They wanted a man-in-the-middle box by Anonymous Coward · · Score: 5, Informative

    Firstly they wanted *all* meta data on every Lavabit user, not just Snowden. It was a blanket demand to get all of the data.
    They also wanted man-in-the-middle box. A device which would have the root certificate under control of the government and would sit in Lavabits network able to man-in-the-middle attack emails (i.e. speech) of Lavabit users not connected to Snowden.

    Lavabit are guardians of the customers data, how can they guard if a black-box is on their network? It can do anything, the judge has no way of telling, Lavabit has no way of telling. Google apparently refused these boxes and with good reason. There is no trust here, the Judge is not supposed to trust the FBI & NSA to do only what it says. He's supposed to be the guardian of the law, just as Lavabit are the guardians of the data.

    An example, if I had such a box, I could spoof email convincingly in a way that would pass forensics. I could create fake evidence. I could spread disinformation (propaganda) again untraceably.

    They also asserted that it filters out only the data they were allowed to have and throws away the rest. We know this has been proven to be false in many many leaks, even the President now pretends the data goes into a 'lockbox'. A lockbox isn't a lockbox if the NSA has the key and no judicial oversight stops them turning that key at will.

    It seems, once again, the judicial branch has simply become a fawning sidekick to the executive branch.

    1. Re:They wanted a man-in-the-middle box by whoever57 · · Score: 1

      It seems, once again, the judicial branch has simply become a fawning sidekick to the executive branch.

      How else do judges get promoted to and within the federal bench?

      --
      The real "Libtards" are the Libertarians!
  16. Certificate Authorities compromised? by kaalon · · Score: 5, Interesting

    Can we assume that all the major Certificate Authorities have been "compromised" by the FBI / NSA as well.

    1. Re:Certificate Authorities compromised? by lucag · · Score: 1

      So what?
      A SSL certificate is used just to provide end-to-end encryption, not to protect the storage.
      As such, it is sort of pointless to wonder if the root certificate used by any major provider has been or is known by some federal agency or not... it is much easier to ask the owner of the server for its contents than to intercept communication.

      This being said, it appears that lavabit used encrypted storage as well but there is something amiss in the way the protocol was implemented, I fear.
      (I have never been using their service, so it might be I am grossly misreading things: corrections would be very welcome!)

      Let me explain: as long as encryption and decryption are being performed by a remote server there is no guarantee that data might not be captured (ok ... homomorphic encryption might be going to change part of the scenario; unfortunately is far from practical nowadays and so it will be in the next 5/10 years).
      There are basically three approaches I might be thinking about
        1. perform decryption with a custom program on the client: the key is never sent "in clear" and the server just owns a public key to encrypt data as soon as they are received; however there is a window in which the server knows the plaintext (i.e. before writing it down to permanent storage) and might copy it.
      [the sensible option is to ask people to use gpg and then rely on public servers, trusting the cryptography]
        2. perform decryption locally in a javascript client in the browser. This might actually work, and with the proper setup it is also possible to use public key algorithms
        (basically the user has to upload a copy of her private key encrypted with a symmetric algorithm to the server, together with a public key; upon a decryption request the server downloads the packet in the javascript app and locally decrypt it; then, once the private key is recovered it moves on to locally decrypt every single datum as stored remotely). There is the same disadvantage as in 1 here, in the sense that the server can copy the data while they are "in clear", but no special client is required. I point out, however, that in this scenario it is possible for the server to offer a compromised javascript page which also uploads the secret key as soon as decryption is required; as such the surface of attack is larger.
      3. perform decryption remotely by providing a symmetric (and/or private) key. Here it is just a matter of trust between the user and the server in that the administrators are not going to either clone the data (yet this they could have done also in scenarios 1 and 2) or keep a copy of the key as provided. This is the simplest solution, but also the least safe of them all.

      In summary: do not trust anybody to do cryptography in your own stead (unless you work on homomorphic encryption, of course ;-) ) and least of all to do decryption of any data; if you need secure (in the sense of 'secret') mail require all parties to use client applications providing the encryption on their own machines and not to delegate to any third party (third parties might be used to store encrypted data, though).

    2. Re:Certificate Authorities compromised? by IamTheRealMike · · Score: 1

      A CA just verifies identity. Compromising one lets you mint fake SSL certs, if you can do a MITM attack, but it's the kind of thing that would eventually be noticed.

      Also there are efforts underway to fix this through the "certificate transparency" initiative.

    3. Re:Certificate Authorities compromised? by EmagGeek · · Score: 1

      I've been assuming that for years.

    4. Re:Certificate Authorities compromised? by SuricouRaven · · Score: 1

      Because such an MITM device could have been detected. The FBI may have the capability, but they don't want the world to know they have that capability, and use risks detection. So they'll only use such an approach when there is no other means to get the information they want.

    5. Re:Certificate Authorities compromised? by intermodal · · Score: 1

      Anyone who does not assume this is a fool. However, the CAs only verify identities. They don't actually have the ability to decrypt it. It's like how you can sign people's SSH key without gaining the ability to use their key.

      --
      In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
    6. Re:Certificate Authorities compromised? by rastoboy29 · · Score: 1

      Your choice.  Assume they have or assume they haven't.  Which makes sense?

      You know computer...

  17. "no U.S. company" by stenvar · · Score: 1

    The phrase "no U.S. company can be trusted" may erroneously suggest that you might still be able to trust non-U.S. companies. But serious and offensive as this is, don't assume that you're safe anywhere else. The only reason we know about this is because the US legal system at least allowed the order to be unsealed (and probably only because it was the FBI rather than the NSA). Legal systems and spy agencies in other nations have powers that are at least as broad, and often far broader, than their US equivalents, and often have even less government supervision.

  18. Re:Should the US still be in charge of the interne by Anonymous Coward · · Score: 2, Insightful

    If we are to chose a single country, then probably US is the best option (at least if you are not a brown person). Nations are generally divided in two bunches: US sockpupets that can be used for things even the US does not want to be seen doing (hint: like Canada) and totalitarian dumps who's leaders would gladly murder just about anyone that threatens their access to power. So a common counterargument is that we either end up with US, or someone much worse.

    But it does not have to be that way. An international agreement drafted by the major industrialized nations with an eye towards freedom of expression and democracy could be a much better deal than a single nation calling the shots. One important provision in such a treaty would be banning spying of international traffic passing though domestic lines. Nations would still be tempted but if caught it would justify international sanctions like a connectivity embargo. Imagine that, the first country with a closed internet would not be Iran, but USA. And the closure will come from the exterior. Quite a sensation on Nasdaq.

    Anyway, don't get your hopes up, the way things work in the UN, there will never ever by a sanction against US, because it along with select few can veto any such action.

  19. Best part of that wired article by Anonymous Coward · · Score: 1

    "In an interesting work-around, Levison complied the next day by turning over the private SSL keys as an 11 page printout in 4-point type. The government, not unreasonably, called the printout “illegible.”
    “To make use of these keys, the FBI would have to manually input all 2,560 characters, and one incorrect keystroke in this laborious process would render the FBI collection system incapable of collecting decrypted data,” prosecutors wrote.
    The court ordered Levison to provide a more useful electronic copy. By August 5, Lavabit was still resisting the order, and the judge ordered that Levison would be fined $5,000 a day beginning August 6 until he handed over electronic copies of the keys.
    On August 8, Levison shuttered Lavabit, making any attempt at surveillance moot. Still under a gag order, he posted an oblique message saying he’d been left with little choice in the matter."

    Reading this makes my day

  20. Summary is hogwash by Anonymous Coward · · Score: 2, Informative

    Everything from Google to Facebook to Skype to your bank account is only encrypted by SSL keys

    That's nonsense, and in particular Javabit encrypted the user data and communication using public key encryption methods. The problem is that the communication is SSL-encrypted. And that means the private SSL keys allow complete eavesdropping on the communcation and man-in-the-middle attacks (insertion of malicious content). That allows getting a hook into key exchanges and ultimately compromising whatever you want that depends on ongoing trust of the service.

    If the service has been set up well, past data and communication are secure from decryption. The Lavabit owner had built a service ultimately relying on his personal integrity (and at some point in the process, you can't take that out of the equation) for its principal goal, secure mail, and the feds demanded he hand over his integrity. Any continued operation of the service would have been effectively fraud since its core tenet would no longer be provided.

    He might have to serve prison for refusing to defraud all of his customers regarding his sole product. The good news is that he shut down before they were able to turn his service into a trap.

    Fucking totalitarian injustice regime.

  21. Re:simple: if it goes over the internet, it's publ by AlphaWoIf_HK · · Score: 1

    It's not public and you should always oppose surveillance, but exercising caution would still do you well.

    --
    Da derp dee derp da teedly derpee derpee dum. Rated PG-13.
  22. Sensitive Data comes in different types by mi · · Score: 1

    As such, no U.S. company that relies on SSL encryption can be trusted with sensitive data.

    I'd say, my banking is still reasonably safe even if FBI can see, what I'm doing. There is simply nothing there, that they (or the IRS) can't get through traditional means. My banking secrets haven't been secrets for the government (unless the banks are abroad) for a long time — but smaller-time crooks are still kept away by SSL.

    When/if the national healthcare is implemented — despite our fiercest opposition — medical history will be similarly "safe".

    E-mails and like communications are a different story — for now...

    Finally, what this also means, is that the government still does not have the means of breaking SSL — they wouldn't be needing the keys otherwise. Which is comforting...

    --
    In Soviet Washington the swamp drains you.
    1. Re:Sensitive Data comes in different types by the+eric+conspiracy · · Score: 1

      > When/if the national healthcare is implemented â" despite our fiercest opposition â" medical history will be similarly "safe".

      This has nothing to do with national healthcare. The transition to electronic health records was part of the 2009 stimulus package. Some idiots (i.e. Congressman) have tried to tie it to the ACA but in fact if you repealed the ACA right now it would not affect this process at all.

      There is also the fact that your records are pretty widely distributed right now. Insurance companies, pharmacies, likely multiple doctors, hospitals etc. etc.

      It's a tea party bogeyman, and that's it.

    2. Re:Sensitive Data comes in different types by RichMan · · Score: 1

      The more "people" who have the keys, the more likely they will get snagged by some source that should not have them.
      Also if the FBI has keys to BankA, BankB, BankC ..... The FBI becomes a very high value target. And human hacking can be a lot easier than electronic hacking to get things like that.

    3. Re:Sensitive Data comes in different types by Arker · · Score: 1

      "I'd say, my banking is still reasonably safe even if FBI can see, what I'm doing. There is simply nothing there, that they (or the IRS) can't get through traditional means. My banking secrets haven't been secrets for the government (unless the banks are abroad) for a long time â" but smaller-time crooks are still kept away by SSL. "

      It's not just the FBI that can see it though. Once the system is compromised, the compromise is out there and discoverable by any number of malicious agents - Russian mob, Chinese competitors, your psycho ex-boyfriend or whoever.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    4. Re:Sensitive Data comes in different types by Rob+the+Bold · · Score: 1

      As such, no U.S. company that relies on SSL encryption can be trusted with sensitive data.

      When/if the national healthcare is implemented — despite our fiercest opposition — medical history will be similarly "safe".

      I doubt that your health insurer right now would ask for anything more than a polite request from law enforcement to voluntarily turn over anything requested. Same with your bank. It doesn't benefit them in any way to spend money protecting your privacy from the government, going to court and demanding and challenging a real subpoena . I doubt any big business would refuse that kind of request on principle, and I doubt any small business that might like to could afford it.

      --
      I am not a crackpot.
    5. Re:Sensitive Data comes in different types by PPH · · Score: 1

      There is simply nothing there, that they (or the IRS) can't get through traditional means.

      If you think the data that the gov't has on you isn't leaking out of their servers all over the place, I have a bridge I'd like to sell you.

      Snowden was an unusual case in that he scraped up a bunch of data for the purpose of revealing unethical/illegal government behavior. This sort of thing has been going on for years unchecked. Just as long as it was some contractor or gov't employee looking up individual's data for a buddy in some private business. Or they were just looking at their girlfriend/ex-wife's information for their own use.

      The problem with handing the FBI server SSL keys is that there is no guarantee that these won't leak out as well. And these keys will eventually find their way to someone who will set up a web site and go phishing for information on their own.

      --
      Have gnu, will travel.
    6. Re:Sensitive Data comes in different types by mi · · Score: 1

      It's not just the FBI that can see it though. Once the system is compromised, the compromise is out there and discoverable by any number of malicious agents - Russian mob, Chinese competitors, your psycho ex-boyfriend or whoever.

      But it is not compromised. FBI requests the key — for anyone else getting it out of that agency may be even harder, than from the bank itself.

      --
      In Soviet Washington the swamp drains you.
    7. Re:Sensitive Data comes in different types by mi · · Score: 1

      The transition to electronic health records was part of the 2009 stimulus package.

      Records being electronic is not a problem. Records being centralized is the problem. Centralized and overseen by morons.

      --
      In Soviet Washington the swamp drains you.
    8. Re:Sensitive Data comes in different types by mi · · Score: 1

      I doubt that your health insurer right now would ask for anything more than a polite request from law enforcement to voluntarily turn over anything requested.

      Maybe yes, maybe not. However, with centralized records the government will not even have to ask. The least scary abuse of this convenience would be for an incumbent (with ready access to such information) to schedule a speech or some other political event, when some major opposition figure is having a surgery.

      --
      In Soviet Washington the swamp drains you.
    9. Re:Sensitive Data comes in different types by mi · · Score: 1

      Give you a history of a larger income than you declared on taxes

      This can not be done with the level of access an ordinary user has.

      Or they could show you made payments to an online purveyor of kiddie porn

      This can be done, yes. But it is already known, that electronic banking is not fool-proof and a person claiming, their account was accessed by an impostor, will be believed.

      Or they can simply withdraw all the money leaving you stranded. But what they can — and do — instead is officially freeze your account(s).

      and guess what they'd find when they seized your computers.

      Interestingly enough, the US did not do that to Snowden. And although the attempts to manufacture "rape" accusations against Assange do ring a bell, no SSL keys were involved in that.

      --
      In Soviet Washington the swamp drains you.
    10. Re:Sensitive Data comes in different types by mi · · Score: 1

      If you think the data that the gov't has on you isn't leaking out of their servers all over the place, I have a bridge I'd like to sell you.

      Though I'm not at all certain about the IRS, I'm fairly confident, that getting financial data about me from the FBI would be harder, than from the bank itself.

      --
      In Soviet Washington the swamp drains you.
  23. I don't get it by c5402dc53929211e1efb · · Score: 1

    1) Some idiot makes an illegal request
    2) You say no

    Why does this not seem to be happening?

    1. Re:I don't get it by Spazmania · · Score: 1

      RTFA. That's basically what did happen. At first. Then the FBI went to court and got an actual lawful court order. Lavabit still refused. After months of obstructing the court's lawful order the disgusted court said: you've been uncooperative and defied our order, so now you must turn over the keys. And by the way, this is your last chance to stay out of jail.

      Lavabit should have hired a lawyer and followed his advice.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
  24. Case for self signed certificates by AbrasiveCat · · Score: 1

    I wonder if this makes more a case for using self signed certificates for email. Of course It wouldn't help eCommerce, https:, or many other client server type applications.

  25. Re:How's that working out for you? by mi · · Score: 1

    You're like the Roman empire -- in decline and oblivious to it.

    Roman empire fell apart not because the government was monitoring the citizenry too closely — exactly the opposite. The broke into two (the Eastern half surviving for another thousand years, BTW), because the means of communications and control then available simply weren't sufficient for a country of that size.

    Their government structure, unlike ours, also was not up to the task of running such a big country and could only work, if all rulers were wise and benevolent. Ours, on the other hand, expects no outstanding qualities from the people in charge...

    So, while I share your dissatisfaction with America's recent developments, I don't think, we are anywhere near collapse.

    --
    In Soviet Washington the swamp drains you.
  26. Read-only vs. complete ban by tepples · · Score: 4, Insightful

    How is a user who just reads considered "abusive" to Slashdot? Treat Tor like any other open proxy, giving it read-only access.

    1. Re:Read-only vs. complete ban by geekoid · · Score: 1

      I would imagine getting a refresh every .1 second from thousand of bots could be considered some kind of attack.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:Read-only vs. complete ban by allo · · Score: 1

      you cannot do this via tor. Just look at the load time of a page ... thats more than one second with tor.

  27. Re:Should the US still be in charge of the interne by AHuxley · · Score: 2

    The good think about the US is:
    The 1st and 4th amendments make what most other countries can do less easy.
    The US press and lawyers now know more :)
    In other countries cleared bureaucrats or police would set up long term isp logging based on ip/ports/time found via their work laptops at home.
    Find, point, click your in the system for years.
    Your automated isp logging might get a more senior bureaucrats or police review after many months. Some 'ministers'/'court' staff rushed review year/s later for an extension.
    The good think about the rest of the world is:
    They can air gap, invest, design, export hardware and encrypt in new ways long term.

    --
    Domestic spying is now "Benign Information Gathering"
  28. Orwellian by mrflash818 · · Score: 3, Insightful

    The court order revealed the FBI demanded Lavabit turn over their root SSL certificate, something that would allow them to monitor the traffic of every user of the service. Lavabit offered an alternative method to tap into the single user in question but the FBI wasn't interested.

    When I was growing up (70s and early 80s), all the US propaganda about how bad the Soviet Union was, how bad East Germany was, in terms of privacy, citizen rights, and being police states.

    "Hypocrisy!", in my opinion.

    In my opinion laws should protect non-suspect citizen rights, and enforcement agencies (FBI in this case) should be legally required to only target and restrict their levels of privacy breach to only those individuals or organizations of inquiry. They should have no legal authority to make such demands, and if a company or citizen gets such a demand, the FBI should be able to be publicly sued for attempting to exceed their authority.

    AND, if the FBI currently is allowed to do such dragnets, the laws should be amended to remove such authority, and be enforced.

    --
    Uh, Linux geek since 1999.
    1. Re:Orwellian by cold+fjord · · Score: 1

      When I was growing up (70s and early 80s), all the US propaganda about how bad the Soviet Union was, how bad East Germany was, in terms of privacy, citizen rights, and being police states.

      I suggest you take 10 minutes and watch this trailer for this documentary. Watch the whole thing some time.
      A Portrait of Stalin: Secret Police - By Russian historians and film makers.

      --
      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
  29. The USA is ruled by nurb432 · · Score: 1, Insightful

    Its not exclusive to the US. All governments are like this.

    --
    ---- Booth was a patriot ----
    1. Re:The USA is ruled by TheGratefulNet · · Score: 5, Insightful

      the US gets the press, but every country is doing as much as they can (and are able to) with the money and network taps they have in place.

      this is human nature. the dark side of human nature.

      at least its out in the open, now. what we do with it, as a species, is up to us. do we put our data thieves (ie, the government) behind bars or do we just say 'I have nothing to hide!' and let them continue along with their abuse and theft of our privacy?

      there is no country that won't do this, no matter what they say. so stop thinking its the big bad old USA. its everyone, everywhere, who CAN do it. companies includes (your corp firewall and your corp provided laptop probably has built-in certs from the company)

      --

      --
      "It is now safe to switch off your computer."
    2. Re:The USA is ruled by erikkemperman · · Score: 5, Insightful

      there is no country that won't do this, no matter what they say. so stop thinking its the big bad old USA. its everyone, everywhere, who CAN do it.

      Qualitatively, yes you're probably right. Quantitatively, not so much. It's like the military. Every country, or almost, has one. But only the USofA spends about as much on "defense" as the rest of the planet put together.

      PS Capitals, used with some restraint, go a long way to making heads and tails out of a sentence.

      --
      Gosh, thanks. That must be why the other ships call me Meatfucker -- GCU Grey Area (Eccentric)
    3. Re:The USA is ruled by 0111+1110 · · Score: 1, Flamebait

      I know, right? I said the same thing when my friends acted all shocked and got up on their high horse when they found out about the 12 year old girl caged in my basement whom I raped several times a day and those ex-girlfriends I was forced to torture to death when they expressed a desire to break up with me when they caught me raping her.

      People are such hypocrites! Everyone else is just the same. I mean who hasn't killed a few people and buried them in their backyards? Who hasn't raped and imprisoned a few tweens every now and then? It's just human nature. No one is any different. The only difference between me and most people is that I got caught and they didn't.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    4. Re:The USA is ruled by wagnerrp · · Score: 1, Informative

      Quantitatively, not so much. In terms of percentage of GDP, the US is above average, not outrageous. You have to realize that the US's GDP is as high as the next three countries combined.

    5. Re:The USA is ruled by lgw · · Score: 1

      Hey, we've discovered the /. account for Mr Plinkett (from RedLetterMedia). Welcome to the intarweb thing! Please send pizza rolls.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    6. Re:The USA is ruled by erikkemperman · · Score: 2

      So, basically you're saying that the military spending isn't outrageous, but the GDP is?

      Anyway, when you end up comparing military expenditure in practice -- on the battlefield, or what passes for it these days -- it is still one army (etc) against another.

      And the US military accounts for 39% of the world total (so not entirely half, I stand corrected.)

      --
      Gosh, thanks. That must be why the other ships call me Meatfucker -- GCU Grey Area (Eccentric)
    7. Re:The USA is ruled by ObsessiveMathsFreak · · Score: 5, Insightful

      the US gets the press, but every country is doing as much as they can (and are able to) with the money and network taps they have in place.

      I live in Ireland. I can pretty much guarantee you of three things.

      1) The state lacks the expertise to snoop on any communications.
      2) The state lacks the legal clout to force anyone to turn over their encryption keys.
      3) The government would likely not survive the closure of an IT SME such as Lavabit -- and loss of associated jobs -- which resulted from direct government interference in that company's ability to operate in Ireland.

      The rules that apply to the US government do not apply to every government. Some governments lack the skills, laws, and nerve to pull off what the White House/NSA is doing to US internet companies right now. More governments simply lack the money to pay for so extensive a network of surveillance and control.

      there is no country that won't do this, no matter what they say. so stop thinking its the big bad old USA. its everyone, everywhere, who CAN do it.

      That can includes more than simply being ABLE to do it. It includes being EMPOWERED to do it, being PERMITTED by the people to do it, and to being able to AFFORD to do it. Right now the US government is able, empowered, but only just about permitted and certainly not able to afford to continue to finance a spying program of this magnitude.

      The Soviet Union exhausted both its finances and legitimacy in trying to keep its populace under control. Hopefully the US will not have to go through as painful a breakup in order to reverse its present trend.

      --
      May the Maths Be with you!
    8. Re:The USA is ruled by spire3661 · · Score: 1

      It is also human nature to bloodily and violently depose of those that would enslave us.

      --
      Good-bye
    9. Re:The USA is ruled by ahodgson · · Score: 1

      USA - legitimacy ... yeah
          finances - way beyond gone

      Mission accomplished.

    10. Re:The USA is ruled by nabsltd · · Score: 1

      The government would likely not survive the closure of an IT SME such as Lavabit -- and loss of associated jobs -- which resulted from direct government interference in that company's ability to operate in Ireland.

      I highly doubt that losing a company of less than 100 employees would cause the government in Ireland to topple, regardless of whether it was "the government's fault".

      If that were true, no law that resulted in the loss of 100 jobs would ever get passed.

    11. Re:The USA is ruled by pupsocket · · Score: 1

      North Korea. Q.E.D.

    12. Re:The USA is ruled by manwargi · · Score: 1

      Flamebait, mods? There is nothing wrong with the analogy even if it is a strong one.

    13. Re:The USA is ruled by Burz · · Score: 1

      Ha ha ha... USA is "policeman to the world". The rules that apply to the US government allow the US to spy on Irish citizens. Perhaps you think that is no concern in Ireland, but you would be a fool to think so.

      This is so beyond the USSR or East Germany.

  30. Re:How's that working out for you? by EmagGeek · · Score: 1

    I've been saying this for over a decade. We are living in complete and utter denial. The average American is more concerned with what's happening on their favorite TV show than they are about what's happening in their own government - and it is made obvious by the fact that we keep electing a Congress that only 10% of us approve of.

    And to answer your question: No, I do not think it can be fixed at this point. There is too much debt, too much oppression, too much corruption, and above all too much apathy to ever be able to recover.

  31. Re:If by TangoMargarine · · Score: 1

    ...and our justice system has demonstrated they will sign a warrant for anything the men in black ask for. 'MURICA!

    --
    Unity? Screw that: XFCE. Slashdot Beta? Screw that: SoylentNews. Australis? Screw that: Pale Moon. UX developers DIAF
  32. "public sentiment" by nurb432 · · Score: 1

    So few people know it happened that its sort of funny to hear that. The real (voting ) public has no clue this ever happened. Nor would they understand it if they did.

    Besides that, those that do know what happened and matter will soon have a squirrel event and forget all about it anyway.

    --
    ---- Booth was a patriot ----
  33. Re:Orwellian - ignore by mrflash818 · · Score: 1

    Seems I did not know enough of the story, per this "Wired" article, so, um, 'nevermind' :

    The July 16 order came after Texas-based Lavabit refused to circumvent its own security systems to comply with earlier orders intended to monitor a particular Lavabit user’s metadata, defined as “information about each communication sent or received by the account, including the date and time of the communication, the method of communication, and the source and destination of the communication.”

    http://www.wired.com/threatlevel/2013/10/lavabit_unsealed?ref=cm

    --
    Uh, Linux geek since 1999.
  34. metadat mining by atgaaa · · Score: 1

    It seems a lot of the recent NSA activity is about metadata mining. Is it possible to trash the metadata?
    I have experimented with randon searches, for example, to see the effect on targeted advertising.
    Would random searches, and phone calls, for example, make the metadata less useful?
    Imagine I am a frequent visitor to whitehouse.gov, but each time I visit, I also visit gop.com, and click a few random things.

    Democrat, rebpublican, libertarian, green, social justice, reddit, facebook, my little pony, new your times.

  35. Re:If by Tokolosh · · Score: 1

    "if the FBI can force Lavabit to hand over their SSL key or face shutdown, they have done it to everyone."

    FTFY

    --
    Prove anything by multiplying Huge Number times Tiny Number
  36. Not just SSL by Todd+Knarr · · Score: 3, Insightful

    It's not limited to just SSL. Any company that holds a copy of your encryption/decryption keys (a public certificate is OK, the matching private key that goes with it is the problem) can be ordered to turn them over. The only safe system is where the keys that secure the system never leave your possession.

    For e-mail that means using S/MIME or OpenPGP with a self-signed certificate and a private key you generate yourself. For encrypted documents, the same. The e-mail and documents need to be encrypted on your end before they leave your computer. Be aware that if you're encrypting messages to someone else the security will be controlled by their handling of their keys. You're encrypting using their public key, there's no security implications from disclosure there. However, if the recipient's using a service where the provider has a copy of their private key (used to decrypt messages to them) then messages can potentially be eavesdropped on by outsiders who've compromised the provider and gotten the key. Be aware of this aspect and make sure you know how recipients are handling their own security.

    Yes, the above means any and all web-based or hosted services are automatically vulnerable no matter how they're designed. The only secure systems are ones where you, or software running on your computer and that you control, does the encryption and decryption and the private keys are never disclosed to any other party.

    1. Re:Not just SSL by Todd+Knarr · · Score: 2

      Oh BTW, yes that means that public-key certificates issued by a certificate authority are also vulnerable. Not as vulnerable, but if you're depending on a CA to vouch for the validity of the certificate then the government can demand (and have demanded) that the CA turn over their root signing keys. At that point the government can issue themselves a certificate in your name, signing it with the CA's key, and their certificate will be accepted as valid by everyone allowing them to impersonate you. That's not quite as bad a compromise as them being able to eavesdrop on all your communications, but it's bad enough to be a problem.

    2. Re:Not just SSL by AbrasiveCat · · Score: 1

      It's not limited to just SSL. Any company that holds a copy of your encryption/decryption keys (a public certificate is OK, the matching private key that goes with it is the problem) can be ordered to turn them over. The only safe system is where the keys that secure the system never leave your possession.

      For e-mail that means using S/MIME or OpenPGP with a self-signed certificate and a private key you generate yourself. For encrypted documents, the same. The e-mail and documents need to be encrypted on your end before they leave your computer. Be aware that if you're encrypting messages to someone else the security will be controlled by their handling of their keys. You're encrypting using their public key, there's no security implications from disclosure there. However, if the recipient's using a service where the provider has a copy of their private key (used to decrypt messages to them) then messages can potentially be eavesdropped on by outsiders who've compromised the provider and gotten the key. Be aware of this aspect and make sure you know how recipients are handling their own security.

      Yes, the above means any and all web-based or hosted services are automatically vulnerable no matter how they're designed. The only secure systems are ones where you, or software running on your computer and that you control, does the encryption and decryption and the private keys are never disclosed to any other party.

      I was afraid of this. Sigh. Looks like we need a entirely new model if we can't trust the public root servers. For most things on eCommerce it will not make a big difference. Who cares if I order a pressure cooker from Amazon, but for other things that I prefer the government not know about I am back to cash.

  37. basically by Khashishi · · Score: 4, Insightful

    Basically, the government can force you to do anything it wants, and there's nothing you can do about it. Strange, I remember hearing about some document that spelled out certain limitations on the governments powers, and certain rights that people had, but I must have misremembered.

    1. Re:basically by PPH · · Score: 1

      I remember hearing about some document that spelled out certain limitations on the governments powers,

      Undoubtedly a fairy tale your parents told you when you were young. This, Santa Claus and the Tooth Fairy are not real. Sorry to burst your bubble.

      --
      Have gnu, will travel.
    2. Re:basically by Xyrus · · Score: 1

      Basically, the government can force you to do anything it wants, and there's nothing you can do about it. Strange, I remember hearing about some document that spelled out certain limitations on the governments powers, and certain rights that people had, but I must have misremembered.

      I also seem to recall that there was an evil country that did not have that kind of document, and they were our enemies for a long time.

      --
      ~X~
    3. Re:basically by evilviper · · Score: 1

      Basically, the government can force you to do anything it wants, and there's nothing you can do about it.

      After a judge signs the warrant... Yes. As it has always been.

      Was there some constitutional protection, prohibiting law enforcement from requesting your SSL private keys? Because I don't remember that part...

      Certainly nobody was asked to testify against themselves. And the unreasonable search and seizure part doesn't apply because there was ample evidence, and the judge signed-off on the warrant.

      I'm uneasy with the growing secrecy and creeping authoritarianism, but your rant is completely worthless and baseless.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    4. Re:basically by alexo · · Score: 1

      Basically, the government can force you to do anything it wants, and there's nothing you can do about it. Strange, I remember hearing about some document that spelled out certain limitations on the governments powers, and certain rights that people had, but I must have misremembered.

      No, such document indeed exists.
      However, there's nothing that compels the government to follow it, so it doesn't.

  38. Government waste and abuse of power by WaffleMonster · · Score: 1

    Mr Levingston: "I've been ready to do that since Agent howard spoke to me the first time"

    "In light of the conference call on July 10th and after subsequently reviewing the requirements of the June 28th order I now believe it would be possible to capture the required data ourselves and provide it to the FBI." ...

    "because all other options for installing then pen-trap have failed. In a typical case, a provider is capable of implementing a pen-trap by using its own software or device, or by using a technical solution provided by the investigating agency; when such a solution is possible, a provider need not disclose its key" ...

    Lavabits said they would change their system to do it for $2k or whatever it was yet government did not accept the offer cuz $2k was too much and they wanted faster/realtime updates. Seriously? How much did it cost taxpayers to quibble over $2k and update frequency? A lot more than $2k I assume.

    The FBI knows full well lavabits is done if it hands over private keys yet they are militantly unwilling to work with Lavabits in good faith to get the information Lavabits has always agreed it would help them provide. The FBI is acting like a spoiled little brat and it got what all spoiled little brats deserve (NOTHING). The unwillingness to work together in this case is unprofessional and ridiculous. I feel comfortable assuming either extreme FBI incompetence/BSD or a conspiracy to possess private keys in an effort to continue this countries systematic overreach and circumvention of limits to power.

  39. This why Firefox flags self-signed as "dangerous"? by adoll · · Score: 1

    I've never understood why Firefox makes it so difficult for web site users to use unsigned keys. Now it makes sense, the "authorities" probably have a back-door into the companies that sell "authenticated" keys and can access those keys "when necessary" (and with what counts as "due process" nowadays).

    Did the spy agencies infiltrate the crypto system in Firefox and put these scary warnings in place to prevent a proliferation of self-signed keys that they can't access? The Wired article mentioned the FBI was "entitled" to the Lavabit SSL key - how many other SSL keys are they "entitled" to?

  40. Well Played by Fnord666 · · Score: 1

    n an interesting work-around, Levison complied the next day by turning over the private SSL keys as an 11 page printout in 4-point type. The government, not unreasonably, called the printout "illegible."

    Well played. Futile, but well played anyway.

    --
    'The tyrant will always find pretext for his tyranny.' - Aesop's Fables
    1. Re:Well Played by Arker · · Score: 1

      I really think the governments case is particularly weak here. Any decent typist could get that thing in twice and run a compare in well under an hour, with a coffee break included. Wouldnt it have been cheaper and more cost effective to simply do that instead of going back to court at that point? Or was there another agenda the were pursuing?

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
  41. Is Ax-crypt safe by Stan92057 · · Score: 1

    Is Ax-crypt safe? f not what encryption software is?

    --
    Jack of all trades,master of none
  42. Client side certificates? by PPH · · Score: 1

    Would these help? If TLS depends on both a client and a server certificate, then the FBI/NSA acquiring a web servers' certificates wouldn't give them access to connection content. For them to intercept a particular individual's connection, they would have to obtain the client key as well as the server key. In most cases (idiots who store their client keys in the cloud aside), this means physical access to the client system.

    Physical access means either having to serve an individual with a search warrant or attempting to sneak in and grab it. I don't think there are too many FBI agents that would survive sneaking in to peak at my system.

    --
    Have gnu, will travel.
  43. Re:This why Firefox flags self-signed as "dangerou by PPH · · Score: 1

    From the average user's point of view, this makes sense. Who can be bothered to authenticate a site's certificate through some alternate channel? Like a key fingerprint printed on your snail mail delivered bank statement. Or in a print advertisement. So all a self signed certificate indicates is that some unknown entity generated a certificate and is vouching for themselves.

    Trust me. Have I ever lied to you before?

    --
    Have gnu, will travel.
  44. Plausible denyability by CBravo · · Score: 1

    We now have plausible denyability of ever posting certain stuff on the internet. It might just be some NSA employee that, with help of some neat tricks, can hijack your account.

    --
    nosig today
    1. Re:Plausible denyability by CBravo · · Score: 1

      No you don't.

      --
      nosig today
  45. Some actual facts by sjbe · · Score: 2

    The US depends on it's software industry; we shipped all our labor jobs overseas to trade them for office work (programming).

    Really? Then how do you explain the fact that the US has a multi-Trillion manufacturing sector which employs around 12 million people?

    Bear in mind that the size of the global market for software is around $300 Billion and the number of US software developers is around 900,000.

  46. Perhaps already said, but: by zooblethorpe · · Score: 1

    Land of the free, home of the brave?

    O say does that scar-strangled banner yet wave,
    O'er the land of the sheep, and the home of the slaves...

    --
    "What in the name of Fats Waller is that?"
    "A four-foot prune."
  47. Re:Should the US still be in charge of the interne by dywolf · · Score: 1

    i'd vote switzerland.

    --
    The guy who said the election was rigged won the presidency with the second-most votes.
  48. Big and small by Pseudonymus+Bosch · · Score: 1

    There's a big difference between the legal firepower available to a small service provider like Lavabit and someone like Yahoo or Google

    But, while Lavabit apparently can afford to close down before yielding, can you imagine GMail or Yahoo or Facebook choosing to close? I can't.

    --
    __
    Men with no respect for life must never be allowed to control the ultimate instruments of death.
    GW Bu
  49. Encrypt yourself, send via hotmail by itwasgreektome · · Score: 1

    May take a little more work, but just encrypt the text file yourself and send via regular email. Regular email will have less eyes looking at it. For added security modify the extension to a common one such as .jpg (from .7z or whatever format you chose). Unless they dedicated processing time to look at each individual file attached in an emal and analyze it further than reading the extension (computationally costly) you're gonna be just fine sending, "Dude, let's watch The Matrix tonight. Shhhhhhh. Bring booze. My mom's out of town."

  50. Ok, get on that then by Sycraft-fu · · Score: 3, Insightful

    Go start your revolution. Do whatever you think that entails.

    Or, if you aren't willing to do that, because revolutions are messy and often as not end up worse than what you had, kindly shut the fuck up.

    I will not be joining you because while I feel the US has not been moving in a positive direction as of late, I feel that the solution to fixing it involves using the democratic process, not violent revolution, since I understand how nasty those are and also have a perspective on how good the US has it overall.

    I get really tired of whiny, usually anonymous, basement dwellers playing toughguy on the net, decrying the US and saying we need to "revolt" or "rise up" or some BS. You aren't going to do that and you know it. So you are just being a douchebag, whining and complaining, suggesting that others should do the dirty work.

    So put up or shut up. If revolution is really what you think is needed, get on that then. Though you might want to research a little as to what often happens to revolutionaries, and to countries after. If you don't, then STFU about it. Less whine, more action.

    In fact, you will probably find that if you and other like you spent less time whining and more time working to affect actual change in the country within the system we have, things might start getting better.

  51. Re:Should the US still be in charge of the interne by Em+Adespoton · · Score: 1

    The good think about the US is:

    The 1st and 4th amendments make what most other countries can do less easy.

    While true, most other countries that depend upon the Internet for commerce have robust privacy laws that the US lacks.

    So these privacy laws make what the US does less easy as well. That is to say, in both situations, the government has to work to weasel around established laws.

  52. Re:Should the US still be in charge of the interne by evilviper · · Score: 1

    it scares the crap out of me that I would have continued to defend the US as the savior and guardian of the open and free internet if it wasn't for a single guy leaking some stuff.

    Well then you were INCREDIBLY uninformed and a DECADE behind, because the US government's mass surveillance has been made public several times in the previous years.

    * In December 2005, U.S. District and FISA court judge James Robertson resigned in protest over warrant-less wiretapping on US citizens. -- http://abcnews.go.com/Politics/story?id=1429647

    * "News reports in December 2005 first revealed that the National Security Agency (NSA) has been intercepting Americansâ(TM) phone calls and Internet communications."

    * "a USA Today story in May 2006 and the statements of several members of Congress, revealed that the NSA is also receiving wholesale copies of American's telephone and other communications records."

    * "In early 2006, EFF obtained whistleblower evidence from former AT&T technician Mark Klein showing that AT&T [...] makes copies of all emails web browsing and other Internet traffic to and from AT&T customers and provides those copies to the NSA."
    -- https://www.eff.org/nsa-spying

    There were well-publicized lawsuits over this issue:
    -- http://news.cnet.com/ATT-sued-over-NSA-spy-program/2100-1028_3-6033501.html

    And even if you missed all of that:

    * "In 2008, [the US] Congress granted telecoms immunity for cooperating with the government's intelligence-gathering activities." Obviously, you only need "immunity" from prosecution if you were complicit in committing criminal acts.
    --http://www.cryptogon.com/?p=26717

    Hell, what did you think Barak Obama's 2008 presidential campaign promises about surveillance and government secrecy reforms were all about? -- http://news.cnet.com/8301-10784_3-9845595-7.html

    If you only found out about all of this recently, you'd have to been locked in a cave, or be a drooling moron.

    I really didn't get the point of Snowden's leaks, or the public outcry after the fact, since this stuff has been public knowledge for many years now. I will say he had a decidedly positive impact, as the EFF's lawsuit (above) that was halted on national security grounds, was allowed to proceed after Snowden made enough of the program public knowledge that the state secrets excuse was laughable.

    --
    Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  53. I understand TFA and the legal implications, BUT.. by hacker · · Score: 1

    Why did the FBI not just raid the location, take the physical servers and storage assets, clone them and then let the courts sort it out? That way they could go and fetch the keys themselves, MiTM the traffic to the host through his ISP, masquerading as Lavabit, and snarf whatever they needed. They're already doing it in other cases.

    What I'm wondering, is that when someone comes to your door with a warrant, and you say "No" and close the door, why would they allow you to go back and manipulate the bits and digital information that comprises the portion the warrant asked for?

    In this case, how was Lavabit even allowed to shut down their services, if the FBI was at the door asking for the keys?

    Something doesn't add up here.

  54. I hope America liked having a high tech industry by Bruce66423 · · Score: 1

    because after this it's clear that their tech companies will be automatically deleted from applying for contracts in most of the world. And that, ladies and gentlemen, boys and girls, is why the NSA will be reigned in, NOT because the courts or the politicians will do anything about it.

  55. FBI would prefer this by Overzeetop · · Score: 1

    FBI would have been happy with this condition - all they wanted was the metadata (headers) showing who this one guy was sending emails to or receiving them from. They never asked for the actual data.

    --
    Is it just my observation, or are there way too many stupid people in the world?
  56. Re:How's that working out for you? by mi · · Score: 1

    And unfortunately, one tends to get what one expects.

    Yeah, that must be why Soviet Union and other Socialist/Communist governments, which could only function with omniscient and benevolent rulers, did so well...

    --
    In Soviet Washington the swamp drains you.
  57. Re:This why Firefox flags self-signed as "dangerou by swilver · · Score: 1

    Don't want to trust me? Ok, let's go to plain text http then.

  58. Dutch? by AndyCanfield · · Score: 1

    Anybody know how the Dutch company "Lavabyte" is coming along? When can I sign up?

    It's crap like this that is causing U.S. technology to flee overseas.

    Spread it around!

    1. Re:Dutch? by cold+fjord · · Score: 1
      --
      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
  59. Re:Should the US still be in charge of the interne by AHuxley · · Score: 1

    Other countries may have great laws on privacy or not like entrapment or fast track appeals to high courts.
    They may also have concepts historically based on http://en.wikipedia.org/wiki/Inquisitorial_system
    You also risk long term bureaucratic or police tracking or the domestic telco system been legally close to gov tracking efforts.

    --
    Domestic spying is now "Benign Information Gathering"
  60. Re:I hope America liked having a high tech industr by cold+fjord · · Score: 1
    --
    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
  61. Thanks for the link by Bruce66423 · · Score: 1

    Though I suspect a one line summary would be 'Too early to say'. Politically speaking, it's those tech companies that have the clout to achieve real change at the NSA, and are probably the best hope for it. We shall see!