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Time For a Warrant Canary Metatag?

An anonymous reader writes "With the advent of national security letters and all the NSA issues of late perhaps the web needs to implement a warrant 'warrant canary' metatag. Something like this: <meta name="canary" content="2013-11-17" />. With this it would be possible to build into browsers or browser extensions a means of alerting users when a company has in fact received such a secret warrant. (Similar to the actions taken by Apple recently.) The advantage the metatag approach would have its that it would not require the user to search out a report by the company in question but would show the information upon loading of the page. Once the canary metatag was not found or when the date of the canary grows older than a given date a warning could be raised. Several others have proposed similar approaches including Conor Friedersdorf in The Atlantic and Cory Doctorow's Dead Man's Switch." What problems do you see with this approach?

332 comments

  1. Uhh by Anonymous Coward · · Score: 5, Insightful

    They would force you to keep the "all-clear" signal with guns pointed at your head? That might be a problem.

    1. Re:Uhh by JDeane · · Score: 4, Interesting

      That and if your companies router is compromised at the firmware, who is to say that the company even knows it's data is being compromised?

      Even talking about things like a warrant to do a wire tap, I don't think the agencies are forced to tell anyone "Hey we are tapping your communications, here is the warrant."

      Also some companies willingly work with these agencies so they probably wouldn't use this tag.

    2. Re:Uhh by PPH · · Score: 4, Insightful

      That and if your companies router is compromised at the firmware, who is to say that the company even knows it's data is being compromised?

      However, upon discovering that my router has been compromised by persons unknown, there's nothing stopping me from raising a general alert with my customers.

      The warrant problem can be solved by forcing law enforcement to deliver all warrants in the clear. My company exists purely in cyberspace. There is nobody in authority who can be contacted in person. All requests for assistance must be submitted in clear text, deposited in a publicly readable drop box on our server.

      --
      Have gnu, will travel.
    3. Re:Uhh by roninmagus · · Score: 1

      Why would I want to do business with a company with no clearly defined contacts?

    4. Re:Uhh by Anonymous Coward · · Score: 0

      The first post is redundant?

    5. Re:Uhh by Opportunist · · Score: 2

      Because money, and because just 'cause you know who to sue doesn't mean jack anymore in a world where money makes right.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    6. Re:Uhh by PPH · · Score: 4, Funny

      You do all the time. When was the last time you spoke to someone at Amazon? And its not an issue of not being clearly defined. There's a very clear process for contacting the company. Place a message in the public folder*.

      *If some private communications is needed, upon determining the nature of your request, we can exchange encryption keys. All law enforcement will be requested to use double ROT13.

      --
      Have gnu, will travel.
    7. Re:Uhh by ShanghaiBill · · Score: 5, Insightful

      My company exists purely in cyberspace. There is nobody in authority who can be contacted in person.

      I call BS. In every jurisdiction I have ever heard of, you are required to provide a physical address when registering a business, and any warrant or summons delivered to that address during normal business hours is generally considered "served".

    8. Re:Uhh by gweihir · · Score: 3, Insightful

      Indeed. The feds may be stupid, but even they can learn from experience, and most of them can read. So if this becomes a standard, they will at some time manage to understand the concept (possibly with outside help) and implement countermeasures. Look at Lavabit: The owner decided to use his whole company as a canary and while it worked, he had to stand up to severe legal threats that may only fail because no respective secret law was in place. It will be by now and triggering your canary could award you life in prison.

      No, the only way to deal with a police state (and in many respects the US is now one) is to leave the country and move business to the free world.

      Incidentally, this whole idea is an example of engineers trying to fix human problems with technology. That does not work. Data leakage, privacy invasion, online fraud, surveillance, etc. all cannot be fixed with technology. "The law" is just as unsuitable as it is a technocratic construct. The only thing that works is banning the scum that commits these heinous acts against freedom, trust and honor from being regarded as part of the human race when discovered. Nothing less will work.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    9. Re:Uhh by Anonymous Coward · · Score: 0

      No, the only way to deal with a police state (and in many respects the US is now one) is to leave the country and move business to the free world.

      Free world? You mean Antartica?

    10. Re:Uhh by meerling · · Score: 1

      You'd be shocked just how often you already do that.
      After all, when was the last time you talked to the actual people that run a company?
      How about even just knowing who they were?

      As to contacts, they often have ways of contacting their underlings in various countries, but your ability to access the real owners is rather limited, especially if you aren't a representative of a nations law enforcement.

    11. Re:Uhh by onyxruby · · Score: 2

      Claims like these are typically only made by 'bulletproof' spam companies and similar service providers. I couldn't begin to tell you how many bulletproof hosts have been taken down from all parts of the world. Frankly you sound like a professional spammer.

    12. Re:Uhh by Desler · · Score: 1

      Yeah, you try that and see how well it works out. Protip: It won't.

    13. Re:Uhh by Anonymous Coward · · Score: 0

      You mean like Google?

    14. Re:Uhh by thrift24 · · Score: 1

      I would think this would be automated such that the canary would die if the admin didn't perform some action that would be difficult for the law to compel.

      I envision a questionarre the admin must take once per day where the question, "has any secret search been executed which the users have not been informed of?" is asked and if the answer is "yes" or the questionarre is not taken the canary dies.

      From a legal standpoint it would be difficult to justify compelling someone to actively lie. And even if the admin were to be threatened with being shot, if the questionarre is failed purposefully, the canary dies and the damage is done. While someone could still shoot the admin, it would serve no function to continue to threaten them.

      I would also consider that the canary system is meant to work within a lawful system -> if the system is totally unlawful a more meaningful defense may just be a gun.

    15. Re:Uhh by flyingfsck · · Score: 2

      (I am not a lawyer, but I studied military law.) Judges are not stupid. So if you are served with a gag order and then kill your canary through action or inaction, then you will go to jail, because you have signaled something in contravention of the gag order.

      --
      Excuse me, but please get off my Pennisetum Clandestinum, eh!
    16. Re:Uhh by ObsessiveMathsFreak · · Score: 2

      They would force you to keep the "all-clear" signal with guns pointed at your head?

      Totally overblown. The NSA doesn't rely on force. It relies on passive agressive legal intimidation. These are two completely seperate things.

      If America loses its freedom to a group of people who simply threaten to take people to court.... well there won't be much hope for what the country has become.

      --
      May the Maths Be with you!
    17. Re:Uhh by coolsnowmen · · Score: 1

      So, his business is not registered. Silk Road based?

    18. Re:Uhh by pepty · · Score: 2

      Would it be possible to create a "canary" so that falsifying it breaks SEC laws, fiduciary relationships, and other laws? Cooperating with NSA surveillance (and having the cooperation revealed) can clearly affect a company's bottom line; deliberately misleading shareholders on that point would normally be actionable. I'd guess it would go to courts that would eventually find the Patriot Act trumps everything else, but that would take some time and meanwhile the legal wrangling might get leaked ...

    19. Re:Uhh by AJWM · · Score: 2

      Free world? You mean Antarctica?

      Alas, not free either. Go ahead, just try setting up a mining facility there. (See Article 7 of the Protocol on Environmental Protection to the Antarctic Treaty.)

      Although I don't see anything explicitly prohibiting the set up of a data center, and you wouldn't have to worry about cooling. Power and connectivity would be a bitch, though.

      --
      -- Alastair
    20. Re:Uhh by thrift24 · · Score: 2

      I am certainly not a lawyer, but I don't how understand how someone could be compelled to lie to the public, regardless of the intent -- maybe there would be a recourse of a conspiracy charge for setting up the canary in the first place, but to be in contempt of court for refusing to lie or speak about the issue? If a third party asks directly about something covered by a gag order, and the party under the gag chooses to decline to comment, is this really any different? And if so would there be a legal difference if the canary were to be run by a third party site, who would have someone call the admin of the site in question and directly ask them the question? If they decline to answer the canary is killed by the third party... Or I wonder if it would make a difference if by lying to stay in compliance with the gag order, another crime was committed for instance by lying to investors?

    21. Re:Uhh by icebike · · Score: 1

      I suspect the law is more malleable than technology.
      It is also far easier to route around.

      The problem is that very little of our technology is designed with a corrupt police power in mind.

      --
      Sig Battery depleted. Reverting to safe mode.
    22. Re:Uhh by Zontar+The+Mindless · · Score: 1

      The warrant problem can be solved by forcing law enforcement to deliver all warrants in the clear. My company exists purely in cyberspace. There is nobody in authority who can be contacted in person. All requests for assistance must be submitted in clear text, deposited in a publicly readable drop box on our server.

      You be trippin', mon.

      (If they can't serve a warrant, they'll get a court order served on your provider to cut you off from the Net. Good luck hiding that upstream.)

      --
      Il n'y a pas de Planet B.
    23. Re:Uhh by gweihir · · Score: 1

      I suspect the law is more malleable than technology.
      It is also far easier to route around.

      The problem is that very little of our technology is designed with a corrupt police power in mind.

      Indeed. It is quite urgent to change that.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    24. Re:Uhh by gnasher719 · · Score: 1

      They would force you to keep the "all-clear" signal with guns pointed at your head? That might be a problem.

      The question is what the NSA can force companies to do.

      It seems quite clear that they can force company not to publish information. Whether they can force a company to lie is something quite different. As Apple was mentioned, it would seem quite illegal for them to say in a public statement that they didn't receive certain requests when they actually did - much much more illegal than not saying that they received such request.

    25. Re:Uhh by cold+fjord · · Score: 1

      You're trying to make a promise that in all likelihood you can't legally keep. Feel free to try it, but I suggest you talk to a lawyer before you do it and it ends up being tested in court. It could be a very painful learning experience if you don't do that in the right order.

      --
      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
    26. Re:Uhh by gnasher719 · · Score: 1

      Indeed. The feds may be stupid, but even they can learn from experience, and most of them can read. So if this becomes a standard, they will at some time manage to understand the concept (possibly with outside help) and implement countermeasures. Look at Lavabit: The owner decided to use his whole company as a canary and while it worked, he had to stand up to severe legal threats that may only fail because no respective secret law was in place. It will be by now and triggering your canary could award you life in prison.

      The guy had one big problem: He had customers' data in his hand and was capable of decoding it. Never mind that doing so broke any promise that he had made to his customers, or possibly was a breach of contract, but he had the data.

      There was the story that Apple's _could_ read messages sent through iMessage. Fact was that if Apple spent time and money to change their software, then broke the laws by hacking into customers' computers, all to read messages they were not interested in, then they could read these messages. So if they get a request from the NSA, they wouldn't be able to decode messages that they have stored in encrypted form. The way they _could_ read messages fixes exactly the definition of computer hacking.

    27. Re:Uhh by Jane+Q.+Public · · Score: 2

      (I am not a lawyer, but I studied military law.) Judges are not stupid. So if you are served with a gag order and then kill your canary through action or inaction, then you will go to jail, because you have signaled something in contravention of the gag order.

      There is still a line that they are not allowed to cross. Forcing someone to "speak in the affirmative", especially if it's a lie, is far different from forcing them to shut up.

    28. Re:Uhh by Antique+Geekmeister · · Score: 1

      > However, upon discovering that my router has been compromised by persons unknown, there's nothing stopping me from raising a general alert with my customers.

      Besides the lost revenue, the departmental embarrassment, and the NDA and security agreements at your workplace which prevent you from publishing this information, certainly. I've certainly been in the situation of being forbidden by management, or by software partners, from publishing the discovered security intrusion.

    29. Re:Uhh by icebike · · Score: 2

      But an email servers or Cloud Storage that REQUIRED client side encryption, with the provider NOT KNOWING any keys, would limit what can be delivered to the feds to only metadata (from who, to who, date, etc), rather than content.

      So yeah, Lavabit had a structural problem. One of their own creation.

      --
      Sig Battery depleted. Reverting to safe mode.
    30. Re:Uhh by icebike · · Score: 1

      As Apple was mentioned, it would seem quite illegal for them to say in a public statement that they didn't receive certain requests when they actually did - much much more illegal than not saying that they received such request.

      Wait, since when is it Illegal for Apple (or any corporation) to say something in a public statement that is not true?

      http://www.apple.com/pr/library/2009/01/05Letter-from-Apple-CEO-Steve-Jobs.html
      http://gawker.com/5029459/steve-jobs-admits-katie-cotton-lied-for-him

      --
      Sig Battery depleted. Reverting to safe mode.
    31. Re:Uhh by PPH · · Score: 1

      You don't have to publish the details of an intrusion. "My Brand X router was hacked with exploit Y", you just state that an intrusion has been discovered and contact the subset of customers adversely affected. As far as the embarrassment goes: I'd much rather do business with a company that comes clean about such problems and takes mitigating action rather than hiding it. Others, I would guess, probably believe the same way.

      --
      Have gnu, will travel.
    32. Re:Uhh by BradMajors · · Score: 1

      My company exists purely in cyberspace. There is nobody in authority who can be contacted in person.

      Unfortunately, there is also no way for your customers to pay you.

    33. Re:Uhh by mysidia · · Score: 1

      I call BS. In every jurisdiction I have ever heard of, you are required to provide a physical address when registering a business

      You can own an (overseas) "foreign corporation" that is incorporated outside the US; you may have to have a physical address alright, but it's not located in the US.

      Good luck serving a domicile located in rural Russia or China.

    34. Re:Uhh by WaffleMonster · · Score: 2

      Indeed. The feds may be stupid, but even they can learn from experience, and most of them can read. So if this becomes a standard, they will at some time manage to understand the concept (possibly with outside help) and implement countermeasures. Look at Lavabit: The owner decided to use his whole company as a canary and while it worked, he had to stand up to severe legal threats that may only fail because no respective secret law was in place. It will be by now and triggering your canary could award you life in prison.

      Lavabit did no such thing. All they wanted to do was comply with a pen register order without compromising their entire system in the process. Lavabit folded after they concluded it would not be possible.

      As for your life in prison comment...who knows it could be the death penalty or three generations of you and your family doing hard labor NK style. We all get to hand-wave and make all the assertions we want...fun aintit?

      No, the only way to deal with a police state (and in many respects the US is now one) is to leave the country and move business to the free world.

      I wish to assert my 1st amendment privilege to invoke Godwin's law. Cowardice and capitulation solves nothing.

      Incidentally, this whole idea is an example of engineers trying to fix human problems with technology. That does not work. Data leakage, privacy invasion, online fraud, surveillance, etc. all cannot be fixed with technology.

      Blanket philosophical statements are rarely worth the parchment they are written.

      I agree to the extent not all problems are solvable or best solved with technology including warrant canary problem.

      However we should not forget modern surveillance problems have arisen from availability of enabling technology. There is little reason careful use of the same technology could not be used to put the enablement genie back into its bottle.

    35. Re:Uhh by pepty · · Score: 2

      I think you could pile Sarbanes-Oxley on top of that. CEOs/CFOs have to certify that their companies' public financial statements and disclosures are true so that they don't mislead their investors. Forcing them to lie on an issue that could have a big financial impact on the company (say they are a cloud storage company) should get the lobbyists into gear ...

      to kill Sarbanes Oxley.

    36. Re:Uhh by Anonymous Coward · · Score: 0

      That and if your companies router is compromised at the firmware, who is to say that the company even knows it's data is being compromised?

      That has absolutely nothing at all to do with a mechanism to alert people that you've received a secret Warrant.

      Even talking about things like a warrant to do a wire tap, I don't think the agencies are forced to tell anyone "Hey we are tapping your communications, here is the warrant."

      It depends on what they're trying to tap. But in the example you give, the warrant would be for a tap, which again has nothing at all to do with a mechanism to alert people that you've received a Warrant which carries the requirement that you keep it secret.

      Also some companies willingly work with these agencies so they probably wouldn't use this tag.

      In which case they don't need a goddamn warrant.
      Seriously, are you even paying any attention at all to what is going on? Shit man, it's good to have an opinion but for fuck's sake at least educate yourself on the issues.

      1. NSL and Secret Warrants- These are regular documents a court approves which are presented to a company, and requires the company to turn over/give access to whatever data/facilities, etc. which are named in the warrant. The trouble with these is that you're not even allowed to disclose that you ever received the letter/warrant.
      2. Willful collusion to grant access/install data taps. These are just companies who are sucking the dick of the government, they are not under any requirement to do this at all. In some cases they may even be violating the law by doing so (for example, someone like Verizon giving access to information covered under FCC regulations as CPNI). But the government doesn't HAVE to prosecute such violations if they don't want to, and there are often back-room deals where they are given "immunity" by the prosecution/D.A.
      3. Covert access... hacking, taps, MitM, etc. These are all the government simply breaking in and taking the data without the company even being aware it's happening. In some cases they might have a warrant which gives them the legal standing to do so, in some cases they are using various loopholes (for example, anything outside of US Jurisdiction is fair game most of the time), in others they are simply breaking the law because there's no repurcussions.

      You can be pissed at a company for performing #2. But don't get mad at them when they comply with #1 because they are legally required to do so. And don't get mad at them in case of #3 because they don't even know it's happening. (unless they committed gross negligence in securing their systems.)

      As for the article, posting a sign which reads "We have not received any NSL's in the last X days" sounds like a good idea, but if it becomes too Standardized then Congress will either simply add language to make that illegal, or the courts will rule that it amounts to disclosure and is therefore illegal. Ideally we'd just get rid of the secret laws, secret courts, secret warrants, and other fucking bullshit, but that's going to be a tough battle.

    37. Re:Uhh by Antique+Geekmeister · · Score: 2

      > You don't have to publish the details of an intrusion.

      What I'm trying to point out is that there are fiscal reasons not to publish, and you may be contractually blocked from publishing. I'm afraid that if you expect every ISP and service provider to give you enough information to know whether they're being open about intrusions, or simply sweeping them under the rug, you have a very op unrealistic view of most businesses. The only times in the last decade when I've seen a security break published to non-staff members of a partner company was when the resulting cleanup effort required users to reset their passwords. And while there are many breakins where doing such changes would be wise as a matter of course, most companies that suffer such intrusions simply do not bother to do so.

      This is partly why regular password changes, and no plain-text password records are so critical: it's very difficult to know when an intrusion, detected or undetected, has occurred on some system that an attacker or thief has gained access to.

    38. Re:Uhh by Anonymous Coward · · Score: 0

      I call BS. In every jurisdiction I have ever heard of, you are required to provide a physical address when registering a business

      You can own an (overseas) "foreign corporation" that is incorporated outside the US; you may have to have a physical address alright, but it's not located in the US.

      Good luck serving a domicile located in rural Russia or China.

      In which case the NSA doesn't NEED a warrant and thus the point is moot because they can (under US law) just go take it whenever/however they feel like. If you're not a US entity (and/or operating in the US) then if they DO present you with a secret warrant you can just laugh at them and wipe your ass with it, and then tell the world about it. (Legally, anyhow- I'm not getting into other repercussions)

    39. Re:Uhh by currently_awake · · Score: 1

      Running away from government oppression only works if the problem is limited to a single place. If you have nowhere safe to go you're just losing your knowledge of local hazards and resources, but not actually eliminating the true danger. In our current situation the government thinks we're stupid and need a nanny to babysit us 24/7. There are only 2 ways to stop this- make the cost so massive they stop, or convince them it's not working. Given how lazy/disorganized most humans are I expect the spy war is going to be around for a long while.

    40. Re:Uhh by Anonymous Coward · · Score: 0

      They would force you to keep the "all-clear" signal with guns pointed at your head?

      Totally overblown. The NSA doesn't rely on force. It relies on passive agressive legal intimidation. These are two completely seperate things.

      The NSA is irrelevant. We are talking about the Podunk County Police Department obtaining an order from the municipal court that your ISP is not to tell anyone about the search order so as not to interfere with their investigation of Bob's Meth Shack. If your ISP kills a canary, that communicates to somebody that the order was received. This is in direct contravention of the order. That is contempt of court and you go to jail. The only unusual thing is techno-anarchists thinking they should be able to get away with it because "Internet!".

      The government uses force to enforce its rulings because this is an imperfect world and not everyone agrees to play nice, so they will send people with guns to bring you to jail. That is where GP gets the "guns pointed at your head", a rhetorical flourish that gets the point across nicely.

    41. Re:Uhh by Anonymous Coward · · Score: 0

      Yeah, not sure about the US since not automatically giving every citizen their own business is probably somehow against the constitution, but in real countries a business MUST have a HQ and directors.

    42. Re:Uhh by russotto · · Score: 1

      No, the only way to deal with a police state (and in many respects the US is now one) is to leave the country and move business to the free world.

      Got some bad news for you.

      Wait for it.

      Wait for it.

      There is no free world.

    43. Re: Uhh by Anonymous Coward · · Score: 0

      Hehe, think this over once more...

    44. Re: Uhh by Anonymous Coward · · Score: 0

      Then they would have overstepped another boundary. Even more so if the company used the "slavery hack" detailed below.

      Remember, a mine canary isn't supposed to sweep out of its cage and save miners, or even sing to warn. It's supposed to die first.

      Likewise these security mechanisms will serve a purpose even if subverted: when it comes out (and it will), it will be harder for foolish loyalists to argue that everything is OK.

    45. Re:Uhh by jabuzz · · Score: 2

      Nope that is not true in the United Kingdom. A "sole trader" or "partnership" does not have directors.

    46. Re:Uhh by L4t3r4lu5 · · Score: 1

      ROT13 is in and of itself both the cypher and key; "ROT" is a substitution cypher based upon the latin alphabet, and "13" is the 'key' - The number of places forward of the plaintext letter the cyphertext letter is to be drawn.

      This is the Roman Empire equivalent of publishing your private SSH key. Good job.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    47. Re:Uhh by L4t3r4lu5 · · Score: 1

      I wondered when today's Bitcoin mention would crop up.

      Turns out you were all just waiting for me :)

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    48. Re:Uhh by coofercat · · Score: 1

      Right - and so if you wanted to make a resistant organisation, you'd need to break it up into numerous pieces. Let's take an email provider as an example. You could break your whole organisation into countries (even if you're entirely based in one country). People signing up pick a country, and get hosted as part of that country. If you get a secret court order for a country, you shut it down, but continue to operate the others.

      The problem with this approach is that it makes it really hard to run a business. You now have to run "n" businesses, and they can't have an umbrella group holding company to syphon money through. Also, what if your accountant is in the company you need to shut down - now you have to move him to another organisation. Not exactly hard, but it's a whole lot of overhead you could probably live without.

    49. Re:Uhh by Anonymous Coward · · Score: 0

      Just take bitcoin payments?

    50. Re:Uhh by Anonymous Coward · · Score: 0

      Not only that. Setting the flag one way or the other could be construed as going against the court. Good luck with that.

    51. Re:Uhh by Quila · · Score: 1

      It's like if every day you did a press conference and the question was "Have you been served by the government?" and your answer was always "No." If one day your answer is "No comment" or you refuse the interview everybody knows what happened.

      Could the government actually force you to do the interview, or to lie to your customers, your shareholders? That would make it interesting for the SEC in a publicly traded company. Surely a company being monitored can affect its stock price.

      There's a good idea for you. At every shareholder meeting at any publicly traded company, ask whether they've been subpoenaed. If the answer isn't "No" then you know it's "Yes."

    52. Re:Uhh by Anonymous Coward · · Score: 0

      Frankly you sound like a professional spammer.

      Its a sad situation. We may all have to resort to these tactics just to maintain our privacy. And when everyone looks like a spammer, the real ones will be harder to spot.

    53. Re:Uhh by PPH · · Score: 1

      they can (under US law) just go take it whenever/however they feel like.

      But the 'it' that they want to take may be thousands of miles and numerous legal jurisdictions apart from the corporation's legal address. One may not be evident from the other.

      --
      Have gnu, will travel.
    54. Re: Uhh by Damarkus13 · · Score: 1

      With regards to #2, the 2008 FISA amendment explicitly indemnified telecoms for cooperating with law enforcement. There's no backroom dealing going on. It's all there in black and white.

    55. Re:Uhh by Anonymous Coward · · Score: 0

      My company exists purely in cyberspace. There is nobody in authority who can be contacted in person.

      I call BS. In every jurisdiction I have ever heard of, you are required to provide a physical address when registering a business, and any warrant or summons delivered to that address during normal business hours is generally considered "served".

      If he's purely in cyberspace, then he's not in any state's jurisdiction.

  2. The problem I see by elrous0 · · Score: 5, Insightful

    The person adding the metatag rotting in a federal prison?

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
    1. Re:The problem I see by game+kid · · Score: 3, Informative

      Yup. from the unless-double-secret-probation-prohibits-canaries dept., pretty much.

      Your post advocates a

      (*) technical ( ) legislative ( ) market-based ( ) vigilante

      approach to fighting NSLs. Your idea will not work. Here is why it won't work. ...

      --
      You can hold down the "B" button for continuous firing.
    2. Re:The problem I see by tepples · · Score: 1

      Yup. from the unless-double-secret-probation-prohibits-canaries dept., pretty much.

      Why am I thinking of the film Birdman of Alcatraz ?

    3. Re:The problem I see by girlintraining · · Score: 1

      The person adding the metatag rotting in a federal prison?

      You're ignoring another part of the equation, perhaps even more important: A 100% conviction rate. Law enforcement need only enter a properly-formatted search string into one of dozens of popular search engines, and it will happily print out a list of every website bearing this meta tag. A whois search and a phone call later, it's time to kick in the door of Sir Web Provider, demand the customer records for the web site, and then rain down upon him like... well, like the NSA. -_-

      The fact that a company has received a NSL doesn't provide any context by itself; Any sufficiently large company can probably be expected to have received at least one. It offers you no guidance on a course of action, either as a citizen or a criminal.

      And you're giving them an argument to expand their powers that may just hold weight with the current sitting justices: If companies are leaking that they're receiving NSLs, then one easy solution would be to spam them on pretty much every company with over 500 employees. Thus your "canary" meta tag appears on every. damn. page., and loses any value as an indicator.

      --
      #fuckbeta #iamslashdot #dicemustdie
    4. Re:The problem I see by ObsessiveMathsFreak · · Score: 2

      The person adding the metatag rotting in a federal prison?

      On what charge? The US does not have an official secrets act, and these gag-orders have already been found to be unconstitutional.

      The NSA is not some soviet goon squad -- as much as they'd like people to believe otherwise. They are a bloated bureaucracy equipped with legal teams, bluster, and bluff. A large part of the organization consists of mathematicians, the largest part probably clerical staff.

      The recent South Park episode on the NSA probably gives about as accurate a portrayal of the NSA apparatus as anything: A mundane, somewhat disinterested, yet absurdly diligent organization engaged in a vast but meaningless task. They're not going to shoot or imprison anyone (The NSA is not the CIA).

      But that such a group of men should become so feared is the most absurd development of all.

      --
      May the Maths Be with you!
    5. Re:The problem I see by cold+fjord · · Score: 3, Insightful

      The same judge that found them "unconstitutional" also forced Google to comply with it.

      Google fails to strike down FBI's 'unconstitutional' secret gagging orders

      You're right that the NSA isn't a "Soviet goon squad," but I wouldn't go too far in relying upon South Park for insight. Just for starters, I believe there have been reliable sightings of Santa Claus around the world before and after.

      --
      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
    6. Re:The problem I see by currently_awake · · Score: 2

      It would be easier to share your confidence if the USA didn't have prisons built specifically for the task of avoiding legal due process (there is one in Cuba), didn't have a proven track record of ignoring laws they don't like, and if american politicians didn't have a documented history of lying/cheating/stealing and letting the NSA/CIA/TSA do as they wish.

    7. Re:The problem I see by Neil+Boekend · · Score: 1

      How then will you find the correct canaries? If you can detect it then a sufficiently advanced search program can find it. For example: the program could only look at the head of the page, not the body.

      --
      Well, I might have a way, but it only works on a semi spherical planet in a vacuum.
  3. technical fixes for political problems by gl4ss · · Score: 5, Insightful

    do not work.

    like, what the flying fucktonmeister fuck? why do you think it would be exempt from the "don't tell the victim of surveillance" rules because it's a metatag?

    best you can do is close down the service. that is it! and even then you'll have to fight in court!

    --
    world was created 5 seconds before this post as it is.
    1. Re:technical fixes for political problems by Anonymous Coward · · Score: 1

      Disclose it through Wikileaks. They'd have to prove you leaked it.

    2. Re:technical fixes for political problems by Anonymous Coward · · Score: 0

      Exactly. These are our governments. Stop trying to fight them and start fixing the governments themselves. Next election ask the candidates repeatedly "what measures are you taking to make the government more transparent? Do you promise to pass a law making all secret warrants illegal? How can you convince us 100% that you will keep your promises?"

    3. Re:technical fixes for political problems by rasmusbr · · Score: 2

      Exactly. These are our governments. Stop trying to fight them and start fixing the governments themselves. Next election ask the candidates repeatedly "what measures are you taking to make the government more transparent? Do you promise to pass a law making all secret warrants illegal? How can you convince us 100% that you will keep your promises?"

      That's not going to work.

      This might work: Gather plenty of like-minded people and go to the politician's office tomorrow and demand the answer to those questions right away. Then do the same thing again and again until they pass acceptable laws and regulations. If the politician stops showing up at work; go to their house instead.

    4. Re:technical fixes for political problems by houghi · · Score: 1

      What measures are you taking to make the government more transparent?
      * We will taker any measure needed to do this.
      Do you promise to pass a law making all secret warrants illegal?
      * We promise to not only pass such laws, but to uphold them as well.
      How can you convince us 100% that you will keep your promises?
      * I have stated this publicly AND I give my word as a politician.

      Now please be a nice citizen and vote, so I can get my check from the people who really matter.

      --
      Don't fight for your country, if your country does not fight for you.
    5. Re:technical fixes for political problems by Anonymous Coward · · Score: 1

      The idea is that you can't tell them, but they can't force you to lie. They can just force you to say "no comment", instead of "no, we have no such warrant".

      Logically:
      Day 1 "No, we have no such order."
      Day 2 "No, we have no such order."
      Day 3 "No, we have no such order."
      Day 4 "No, we have no such order."
      Day 5 "No, we have no such order."
      Day 6 "No comment."

      Oh oh.

    6. Re:technical fixes for political problems by srichard25 · · Score: 1

      This would be great if a majority of the voting public actually gave a damn. Unfortunately they are too concerned with Miley Cyrus to care about our government spying on us.

    7. Re:technical fixes for political problems by Anonymous Coward · · Score: 3, Interesting

      Gather plenty of like-minded people and go to the politician's office tomorrow and demand the answer to those questions right away.

      Which office?

      The local one that he only does to during elections?

      Or the one in DC that he's hardly ever at for various reasons. And if your group shows up, all of you will be welcomed by Capitol police and other federal agents in riot gear you will be escorted to a "Free Speech Zone". Resist - like don't move - and on the 5 O'Clock news you'll see "Protestors in DC against surveilance arrested for violent behavior." The TV watching zombies watching will just shake their heads over those silly Liberals and their desire for "Civil Liberties" - because we all know, only pinko communist-socialist-anti-capitalist-hippy dirtbags are interested civil liberties. The TV watching zombies only care about issues that they are told to care about - and this issue is disappearing from the zobie tube.

      No thanks to the asshats who resort to violence, those corrupt sub-human people can now justify the use of force.

      Here IS what's working - the Billionaire class is pissed that the Snowden leaks are hurting their income (folks in other countries don't want to buy US products because of the NSA back doors in them. NOW the politicians are listening.

    8. Re:technical fixes for political problems by Anonymous Coward · · Score: 4, Insightful

      They have to prove stuff now?

    9. Re:technical fixes for political problems by Anonymous Coward · · Score: 0

      Your answers are worthless. Note to public: do not vote for houghi or any member of his party, if you do you will give up any freedom that is left. Better to have no government at all than have someone as evasive as houghi run the country. And make sure you remember houghi and never ever let him/her near any form of government.

    10. Re:technical fixes for political problems by Anonymous Coward · · Score: 0

      I find it amusing that, given the courts lack of keeping up with technology, not that they really can anyways, and US legislators over-reaction to technology out of fear and control, something like this is even being suggested by anyone with competence.

      I won't go down the rabbit hole with where the problems are with even suggested something like this, other than to say, ABUSE ABUSE ABUSE, and NOT by the FEDs.

    11. Re:technical fixes for political problems by gweihir · · Score: 3, Insightful

      They have to prove stuff now?

      Don't think so. They can already hold people indefinitely without even charging them. Just look at Gitmo. So while technically these people are not serving a life sentence, it seems the only difference is that the conditions they are imprisoned under are worse. No, in a police state they can lock you up any time they want in order to force you to do or do not do whatever they want. The US is at the very brink of being a police state, the only reason it is not is its large size and hence slow movement. All the mechanisms are already in place, it just needs some scaling up.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    12. Re:technical fixes for political problems by Anonymous Coward · · Score: 0

      So how much does it cost to run ads in YouTube & Google that say "if you elect goughi you will not be able to listen to Miley Cyrus anymore"?

    13. Re:technical fixes for political problems by philip.paradis · · Score: 3, Funny
      --
      Write failed: Broken pipe
    14. Re:technical fixes for political problems by Shakrai · · Score: 4, Insightful

      Just look at Gitmo.

      You mean the POW camp that's hosting people captured on foreign battlefields? Is there a single person there of any nationality who was captured on American soil?

      The Federal Government has all manner of ways to compel you to assist with a warrant and/or NSL. Gitmo isn't one of them. This guy didn't go to Gitmo, in spite of his refusal to cooperate with the Feds. He hasn't even gone to regular Federal prison, even though he arguably refused to enforce a valid court order, one issued after judicial review, not some NSL letter issued in the middle of the night by a faceless DOJ bureaucrat.

      I'm not a fan of Gitmo and would like to see it shuttered sooner rather than later, but let's at least confine our discussions about it to reality. Reality: Nobody has been admitted in Gitmo in years, and none of those who were got sent there after being captured for crimes (real or alleged) on American soil.

      The US is at the very brink of being a police state

      I don't think you know what a real police state is. Stand outside the White House with a sign stating that BHO is an authoritarian asshat. Now try the same exercise in Pyongyang with a sign directed at the Supreme Leader. Repeat the exercise but replace the current leaders with George Washington and Kim Il-sung. What do you suppose the difference in outcomes will be for you?

      Want a less extreme example? Hold a LGBT rally in Washington, wherein you call out the current political establishment for being spineless on the issue of LGBT rights. Now fly to Moscow and repeat the exercise. You won't end up in the Gulag like you would in North Korea, but you're going to be "encouraged" not to continue with your activities.

      Point being, there are varying degrees of "police state", and on a scale of 1 to 10 the United States might score a 2.5 on our worst day. We're not perfect, but the rhetoric that you're using is unproductive and clearly not grounded in reality.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    15. Re:technical fixes for political problems by Anonymous Coward · · Score: 0

      Technical measures can work if they're distributed...the NSA can compel an individual company to take certain actions, but they can't compel everyone in the country. For instance, a browser extension could validate SSL certificates against what everyone else on the internet is seeing, preventing highly-targeted MitM attacks even if the NSA has compromised the CA's signing certificates.

    16. Re:technical fixes for political problems by Anonymous Coward · · Score: 1

      The idea is that you can't tell them, but they can't force you to lie. They can just force you to say "no comment", instead of "no, we have no such warrant".

      Logically:
      Day 1 "No, we have no such order."
      Day 2 "No, we have no such order."
      Day 3 "No, we have no such order."
      Day 4 "No, we have no such order."
      Day 5 "No, we have no such order."
      Day 6 "No comment."

      Oh oh.

      Still very dubious in context. If you have announced that writing a corporate blog post about some odd subject such as fruit means that you have received such an order, then - in your case - writing about fruit would be illegal, even if in general posts about fruit are not illegal.

      In the same way, posting "No comment" might be generally a perfectly acceptable thing to say about NSL, but if you have announced ahead of time that "No comment" really means "Yes" then what you are actually communicating is not the superficial English meaning. You are likely to get crapped on for the actual meaning of your communication, not some overly-clever argument about dictionary definitions of words.

    17. Re:technical fixes for political problems by gweihir · · Score: 1

      Keep kidding yourself. The US is just a bit smarter about making it less obvious than the classical police state.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    18. Re:technical fixes for political problems by HiThere · · Score: 5, Insightful

      It's not that it's smarter, it's that it has arrived at this point through a different history. Internal violence has rarely been necessary. But when the police organizations can act on their own autority (and I'm counting the executive arm of the feds as a police organization, though that's only partially true) then you have a police state. So far only small chunks of the executive have become truly independent, and even they pretend that they are obedient to the legislature. That's not a real police state. And while the CIA has at times shown total independence of Congress, no other segment of the executive has been quite that blatant.

      I'd say "teetering on the brink" is a correct description. Not quite as close to the brink as the GP suggested, but still only in a quasit-stable position. And the most likely direction of collapse is further into a police state, though likely on the Roman model (with technical refinements) rather than on the Soviet model. I doubt that there will be internal violence even on the level of Marius vs. Sulla. And there probably won't be an internal episode of the drama of Julius Caesar crossing the Rubicon ("Alea iacta est", etc.). OTOH, that may have been a publicists creation anyway. And I really doubt that some future "president" will be stabbed to death in the Senate by the Senators. Parallels don't run that close. Booth's "Sic semper tyrannis!" is a more likely future scenario...and even that's quite unlikely.

      P.S.: There is a reasonable argument that Lincoln deserved to be shot for treason. He trampled all over the Constitution during the Civil War, and most of recent history is the result of it, including the drastic centralization of power in the federal gvoernment. OTOH, if it weren't for that the US might have continued to be "these United States" rather than "the United States". But ever since Lincoln the presidents have been more powerful, and allowed much greater latitude in the impositon of central power. This isn't all bad, but it sure isn't all good. And it doesn't appear to be what the Consitution allowed as interpreted at any prior time. One may argue that this was the inevitable result of improvements in transportation and communication, and this is certainly true in part. But that should have been accomplished through ammending the Constitution rather than by twisting what the words meant. That it was done the way it was done was largely due to powerful groups insisting that it be done NOW in a way that they could never have gotten 2/3 of the Senate to agree to, much less 3/4 of the States. So it was done via a power play, i.e., "We're doing it and you can't stop us." And the extension of that method is how the US is turning into a police state.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    19. Re:technical fixes for political problems by HiThere · · Score: 1

      You say "asshats who resor to violence", and they do exist. But an interesting (and unanswerable) question is "What proportion of those 'asshats' were agent provocateurs?". There is good evidence that some of them were. There is also good evidence that not all of them were. But what proportion? Perhaps much of the "blame" for the excuse for suppressing the petitioning for redress comes from those doing, or profiting from, the suppression.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    20. Re:technical fixes for political problems by John.Banister · · Score: 1

      The Billionaire class could enlist the TV watching zombies with an advertising campaign. If the billionaire class runs the data communications infrastructure, and everyone figures it's spied on anyways, they could use it to implement their own version of ABSCAM, and when they have enough dirt on enough stupid corrupt politicians, expose a couple as part of their pro privacy media campaign. If you had an intelligent population and honest politicians, this "we need ultimate power" crap wouldn't be happening in the first place, so it may be more practical to use the system's faults against itself.

    21. Re:technical fixes for political problems by gweihir · · Score: 1

      While I agree with you, I try to practice a bit of a more aggressive verbal stance in the hopes it may not be quite to late to do something about it. But, yes, I think "teetering on the brink" is very accurate. And if something decisive is not done soon, I agree it will very likely fall to the dark side. Those in power have no concept of "right" or "wrong". If the population is asleep at the wheel, governments always go into the direction of a totalitarian state.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    22. Re:technical fixes for political problems by Anonymous Coward · · Score: 0

      Just look at Gitmo.

      You mean the POW camp that's hosting people captured on foreign battlefields? Is there a single person there of any nationality who was captured on American soil?

      You are contradicting your own government here, if those were POW, pesky stuff like Geneva Convention would apply, which forbids the kinds of torture that are routinely applied to Gitmo prisoners.

      The government that you are so blindly supporting definitely do NOT consider all Gitmo prisoners as "prisoners of war".

      Time for you go back and study your propaganda handbook!

    23. Re:technical fixes for political problems by cffrost · · Score: 1

      In the same way, posting "No comment" might be generally a perfectly acceptable thing to say about NSL, but if you have announced ahead of time that "No comment" really means "Yes" then what you are actually communicating is not the superficial English meaning. You are likely to get crapped on for the actual meaning of your communication, not some overly-clever argument about dictionary definitions of words.

      What if the adopter(s) of this system never discussed what it was about or what it was for? Users (and legal adversaries) would have to make their own assumptions as to the system's purpose. As the system is more widely deployed and more people become aware of the system, the more likely they are to arrive at the correct assumption. As I mentioned legal adversaries, widespread adoption may work against the system, if judges decide that their assumptions are correct.

      --
      Thank you, Edward Snowden.

      "Arguments from authority are worthless." —Carl Sagan
    24. Re:technical fixes for political problems by gl4ss · · Score: 1

      I understood the idea. but in the eyes of authorities it's just as the same as you posting a notice on the fucking webpage and in practicality it's the same as well, trough action or inaction tipping them off is the same as tipping them off. if you're doing it for explicitly to tip them off then guess what the fuck you're doing, so good luck in the secret court.

      --
      world was created 5 seconds before this post as it is.
    25. Re:technical fixes for political problems by swillden · · Score: 1

      But ever since Lincoln the presidents have been more powerful, and allowed much greater latitude in the impositon of central power. This isn't all bad, but it sure isn't all good. And it doesn't appear to be what the Consitution allowed as interpreted at any prior time.

      There's a good argument that the 14th amendment fundamentally changed the meaning of the Constitution as originally written, and placed the federal government in a much more central position as the defender of individual rights against the states. This is one of what I would call the two central themes in Akhil Reed Amar's excellent book, "The Bill of Rights: Creation and Reconstruction" (the other is that the original Bill of Rights was primarily communitarian in nature, intended to protect the people collectively in most cases rather than individually, though the 14th changed that as well).

      Of course, what we're talking about here isn't the federal government as a defender against overbearing states, but that change in focus, along with the changes in resources and structure provided by the 16th and 17th amendments and the fallout of the decisions caused by FDR's court packing threat, is a big part of how we got where we are. Even if we fix the overly broad interpretations of the commerce and general welfare clauses that are FDR's most enduring legacy, we're still living with a rather different Constitution than the one we had prior to the Civil War.

      Personally, I think the best thing we can do to fix our nation is to re-empower the states, enabling them to act as defenders of individual liberty against the federal government. The original design assumed that the states, since they were of the people, would take on that role of protecting the citizens, and the federal government was not given any authority to act in ways that could trample the citizenry, and then the Bill of Rights was passed to make clear that it was not allowed to. Problem solved, the founders thought -- wrongly. When the 14th amendment empowered the federal government to protect citizens from the states, we essentially took that plus the supremacy clause to mean that the federal government was tasked with protecting rights, not in addition to the states, but effectively instead of the states.

      I think what we've learned is that freedom is too important to be left to any one government, even one that theoretically has internal checks and balances. I think we need a states' rights amendment that specifically empowers the states to resist federal assaults on their residents. Something that says that states can overrule the federal government if state legislatures interpret the scope of a fundamental right more broadly than the federal government, and that states can sue the federal government in state courts for infringements of their citizens' rights (and that the federal government is obligated to comply with the resulting rulings). The federal government would still retain the right to step in when states are stepping on civil rights. Basically, the idea is to have two rights watchdogs and allow infringements only if both levels of government agree it's a good idea.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  4. Subject to phishing.. by blueboy13 · · Score: 1

    Never mind the Canary insert. A company's reputation is at risks. Quick! Make a page that copies this and we'll use it to our advantage. My company will not go down in flames because someone writes/posts something bad about us. I wanna be like Amazon! Likes, likes, likes, and a reputation for filter out the bad and inserting only the good. Times a wastin'! Let's get crackin'! (end of sarcasm)

  5. What does this solve? by Anonymous Coward · · Score: 5, Insightful

    I'm not really sure what problem this solves, or how the outcome would change if the canary "died."

    We're well-aware that many companies are required to produce information via FISA court orders, national security letters, or other means. What we don't know-- in many cases-- is how often, what information is obtained, by whom, and for what purpose. The "canary" doesn't answer any of the unknowns, except that a particular company received at least one such order, which is of extremely limited value (if of any at all).

    1. Re:What does this solve? by jdogalt · · Score: 1

      The "canary" doesn't answer any of the unknowns

      Good point. We're going to need more canaries. A lot more canaries. Like a canary per user. Or per piece of user's data even. Hmm... sounds like a new piece of metadata........

  6. What type of canary? by marcroelofs · · Score: 1

    Is was temporarily confused because of the word 'canary' also meaning a 'singing bird' in mobster circles. I assume the miners' version is meant (the one that faints of mine gasses).

    1. Re:What type of canary? by Anonymous Coward · · Score: 0

      Any kind of canary associated with content and a date. You can use this information as you please.

    2. Re:What type of canary? by Anonymous Coward · · Score: 0

      Is was temporarily confused because of the word 'canary' also meaning a 'singing bird' in mobster circles. I assume the miners' version is meant (the one that faints of mine gasses).

      You're only adding to the confusion. What is a 'singing bird' in 'mobster circles'?

    3. Re: What type of canary? by Anonymous Coward · · Score: 0

      I don't know 'bout them corrupt furriner o'er in Rebrobatia, but in 'Merica we say "Stool Pigeon."

    4. Re:What type of canary? by dotancohen · · Score: 5, Funny

      European.

      --
      It is dangerous to be right when the government is wrong.
    5. Re:What type of canary? by Anonymous Coward · · Score: 0

      oblig xkcd

    6. Re:What type of canary? by Anonymous Coward · · Score: 0

      As in 'Singing like a canary' http://goo.gl/xdo6Hv

    7. Re:What type of canary? by cold+fjord · · Score: 1

      Laden?

      --
      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. Are you really this dumb, Timmeh? by Desler · · Score: 3, Insightful

    What problems do you see with this approach?

    Gee, I don't know Timmeh. Maybe the fact that it would break the gag order and you'd be sent to the federal pen?

    1. Re:Are you really this dumb, Timmeh? by PhilHibbs · · Score: 1

      Unfortunately this is probably correct. You can't avoid the law just by smart-alec shenanigans.

  8. Attempts to communicate receipt of secret orders by Anonymous Coward · · Score: 3, Insightful

    either through action or inaction are considered illegal by the secret laws ruled by the secret courts. Secret.

  9. Stupid idea by Anonymous Coward · · Score: 0

    Either
    1) feds catch you removing the canary (yes not telling them about the canary and the canary removing itself automatically makes you guilty) and you can expect a hefty prison sentence in fed pen. or
    2) they realize you are using a canary, and force you (thru warrant, or just plain "you want 20 year of fed pen , punk ?") to still transmit the canary, thus giving a false sense of security to your user.

    Either way i doubt of the usefulness of the scheme.

  10. Under the rug bullshit by morcego · · Score: 1

    How about we stop trying to sweep shit under the rug, while sitting calmly in our homes and playing Candy Crush on facebook, and start acting like responsible citizens and taking steps to improve the government?

    Hit the streets protesting, vote responsibly, gather signatures to force your representatives to take measures.

    When you propose or implement things like this, you are sending them the mess it is ok to do it.

    --
    morcego
    1. Re:Under the rug bullshit by TheGratefulNet · · Score: 2

      force your representatives to take measures

      sadly, to get this to work you have to remove THEIR fear, as well.

      they answer to superiors (nsa, etc) and their 'parents' won't really agree no matter how much we little people want things to change.

      not even money will make this fix happen. this is beyond bribing (which usually works for those in elected offices).

      revolution is the only way to fix this. I don't see the NSL's ever going away in the next 20 or so years unless there is a bloody and violent fight about it.

      I wish it were not true. but I have zero hope that using 'conventional methods' we can reverse the trend in gov spying and secret powers. 'asking' your elected officials to change it is less than useless, can't you see that?

      as long as people think that the system will fix itself (it won't), nothing will change.

      --

      --
      "It is now safe to switch off your computer."
    2. Re:Under the rug bullshit by Desler · · Score: 1

      How about we stop trying to sweep shit under the rug, while sitting calmly in our homes and playing Candy Crush on facebook, and start acting like responsible citizens and taking steps to improve the government?

      Hit the streets protesting, vote responsibly, gather signatures to force your representatives to take measures.

      Okay, I'll do it when you do.

    3. Re:Under the rug bullshit by morcego · · Score: 1

      How about we stop trying to sweep shit under the rug, while sitting calmly in our homes and playing Candy Crush on facebook, and start acting like responsible citizens and taking steps to improve the government?

      Hit the streets protesting, vote responsibly, gather signatures to force your representatives to take measures.

      Okay, I'll do it when you do.

      Then you should have started doing it 21 years ago, when I hit the streets protesting for the first time. What is taking you so long?

      --
      morcego
    4. Re:Under the rug bullshit by fatphil · · Score: 1

      > vote responsibly

      Hahahah, great one, I've not heard a joke that funny in years.

      If voting could change anything, they'd make it illegal.

      --
      Also FatPhil on SoylentNews, id 863
    5. Re:Under the rug bullshit by Idetuxs · · Score: 1

      “When the people fear the government there is tyranny, when the government fears the people there is liberty.”
        Thomas Jefferson

      What, did he mean like.. people apply terrorism on the govermnet or something?

      NSA: Just kidding!

  11. Weird legal situation by martas · · Score: 4, Interesting

    I've heard similar proposals before, and it seems very murky from a legal standpoint. With a highly automated system like this meta tag, I think most judges wouldn't have a problem deciding that you violated the terms of a secret warrant by not updating it. The proposal I heard was to try to circumvent this by making the "canary" something more complicated -- imagine that, every day that you didn't receive a secret warrant, you went to some location in your city, took a photo, and posted it on your webpage. Could a judge then force you to keep doing so? Or even more extreme -- every day that you don't receive a warrant, you run a 10K. Could a judge force you to keep running? Or keep going to work? Or keep self-mutilating in some way? At what point are a person's basic liberties more important than the secrecy of the warrant?

    My guess would be that in any of these instances, no judge would rule that you must keep updating the canary. However, I'd imagine that they might rule that you broke the law by setting up the canary in the first place. Of course, there's an obvious problem with that -- as long as you never get a secret warrant, you clearly couldn't be prosecuted for violating one. So it's a weird situation where an action that is otherwise legal, becomes retroactively illegal upon receiving a secret warrant. It's a bit of a mindfuck.

    1. Re:Weird legal situation by JDeane · · Score: 1

      It's the grey areas I like to avoid... A judge having a bad day or is just in a bad mood may decide that they want to interpret the law such that you end up in prison for 20 years.

      My best advise to anyone would be steer away from using anything like this. Even better would be to avoid the situation where something like this would even be useful to anyone.

    2. Re:Weird legal situation by martas · · Score: 1

      I agree, I personally wouldn't take this kind of chance. However, I think it's a really interesting legal question, so I'd kind of like to see someone attempt something like this. Might go all the way up to the SCOTUS (though it might be kept secret, too).

    3. Re:Weird legal situation by GIL_Dude · · Score: 3, Insightful

      None of this matters. If any sort of canary became popular - EVERY site that had one would immediately get one of these secret orders. That order may be for something ludicrous (home phone of the CEO or something), but they would ALL get a secret order immediately. Boom. All the canarys are dead. And they no longer provide any information. Your move internet...

    4. Re:Weird legal situation by Anonymous Coward · · Score: 0

      There have already been cases like this. Gag orders are designed to PREVENT COMMUNICATING MESSAGES. Therefore, if you have a canary on your website, they can and will make you communicate the message or, more likely, take over your website and do it for you to PREVENT COMMUNICATING a message. They've done similar things in the past (albeit not involving websites) and they will in the future.

    5. Re:Weird legal situation by wvmarle · · Score: 1

      The proposal I heard was to try to circumvent this by making the "canary" something more complicated -- imagine that, every day that you didn't receive a secret warrant, you went to some location in your city, took a photo, and posted it on your webpage. Could a judge then force you to keep doing so? Or even more extreme -- every day that you don't receive a warrant, you run a 10K. Could a judge force you to keep running? Or keep going to work? Or keep self-mutilating in some way? At what point are a person's basic liberties more important than the secrecy of the warrant?

      In that case, one thing the judge can definitely not do, is put you in jail.

    6. Re:Weird legal situation by gweihir · · Score: 1

      Don't be naive. Of course they can already force you to do that. The only way to break this at this time is if somebody sacrifices themselves. And they will plug that hole with a secret law as soon as possible. Don't forget you are living in a police state.

      The key about secret laws is not that they are secret. The key is that you cannot fight them. And they get used whenever a government gets totalitarian, just look at history. Free countries do not have secret laws or secret courts.

      Also look at what sorts of civil disobedience worked in Stalin's USSR or Nazi Germany or today's North Korea. The US is not quite there yet, but the authorities are working hard on it and many mechanisms are already in place. I see even less resistance from the US population top this as there was in Germany or the USSR.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    7. Re:Weird legal situation by Anonymous Coward · · Score: 0

      Well, the canary could be that as long as you are not in prison or are still alive (ie: did not kill yourself or were killed), then you have not received any such order.
      Then, when you need to trigger the canary, you would do anything to go to prison, like actually stating that you received such unconstitutional orders. If they put you in jail, they would confirm it.
      That should solve the issue "technically". However, you would have to get the balls to go to prison or kill yourself in order to trigger the canary.

      Worst, this canary thing is just a lame attempt to workaround something that is unconstitutional already, basically, it is a bad hack.
      It would be far more productive to actually fix the original problem.

    8. Re:Weird legal situation by Anonymous Coward · · Score: 0

      Exactly.

      Besides, the only canary that could "technically" work is saying "as long as I'm not in prison" / "as long as I'm alive", then if they put you in jail after you gave the alert, they would just be confirming it.
      However, for who would you be willing to go to prison or commit suicide?, that might be worth if you were saving innocent people, but how do you know the people they ask the info about are not actual criminals?

    9. Re:Weird legal situation by Anonymous Coward · · Score: 0

      One successful civil disobedience story -- Denmark in WWII: http://www.aforcemorepowerful.org/films/afmp/stories/denmark.php

    10. Re:Weird legal situation by Anonymous Coward · · Score: 0

      At what point are a person's basic liberties more important than the secrecy of the warrant?

      You don't force anyone to run 10K. You just put them in jail for violating the terms of the secret warrant if they don't. Why is that so hard to understand? This is all ivory tower bullshit. It's only a mindfuck if you think the judiciary has no common sense to bring to bear on such matters.

    11. Re:Weird legal situation by Anonymous Coward · · Score: 0

      It would be easy to simply keep updating the canary if the secret order is for something trivial. Aside from moral issues if the canary is worded very specifically (ie. we have not received an order that we cannot share with the public), but instead a generic "We have not received any orders that violate our own terms of service regarding data confidentiality that we have not already shared with you.", which could be maintained for trivial requests (ie. public data that anyone can access), without being morally ambiguous.

    12. Re:Weird legal situation by Anonymous Coward · · Score: 0

      The move is that nobody complies. There's a lot of space between something being undesirable to defense/enforcement, and them passing a law or edict forbidding it, and people following that ruling, AND that ruling being enforced when they do. In between every one of those is a gray area where people often escape prosecution.
      If they get all the way to enforcement they have to round up a bunch of parties from different corporations, non collusive, under different circumstances, for the same charge. Then convince a judge that an arbitrary ruling is more important than the interests of a large body of private citizens who are civically disobeying it. While a host of independant lawyers tears the prosecution to little bits and sets his career on fire in the wastebin.

  12. Good idea, but make it company-wide totals by TheRealHocusLocus · · Score: 1

    Let companies who really care, keep a tally of individual accounts under scrutiny, total transactional records captured for surveillance purposes: a set of standard metrics for the moment and cumulative by month and year.

    Let this information be placed into the Canary meta-tag of every web result for everyone, and let web browsers and plugin developers find ways to display this information on the borders of the page.

    People could watch the numbers grow over time easily, and could maintain a constant vigilance and awareness of this problem. What you're accomplishing is the same aim as these companies issuing regular bulletins you must fetch and read.

    Its inclusion into the very protocol of the Web and placed on the status areas of browsers by default, would send a clear message that we are not amused.

    If the government counters that releasing real-time stats on surveillance orders should be censored for reasons of National Security, let that one fly all the way to the Supreme Court.

    --
    <blink>down the rabbit hole</blink>
    1. Re:Good idea, but make it company-wide totals by PhilHibbs · · Score: 1

      >

      If the government counters that releasing real-time stats on surveillance orders should be censored for reasons of National Security, let that one fly all the way to the Supreme Court.

      So you get a secret order, that comes along with a "do not tell anyone about the existence of this order" clause, and you announce it to the world by incrementing your "secret order counter". Off to sing-sing with you, for sure.

  13. In Soviet style USA by Anonymous Coward · · Score: 0

    In countries like USA where statistically every 3rd neighbor works for military complex or security forces questioning surveillance methods will land you in jail if lucky or landfill if your are P.I.T.A
    Stop resisting changes. The void after official slavery ended has to be filled somehow.
    That's how "American Dream(Nightmare)" works, by taking advantage of others.

  14. NSA Response by Anonymous Coward · · Score: 0

    Of course the NSA will issue a secret cease letter to browser vendors to prevent them from supporting any organically designed feature that bypasses their goal. Information awareness on demand.

    1. Re:NSA Response by Entropius · · Score: 1

      And then folks like Opera Software will say "US who?" and continue doing exactly what they did before.

  15. Transparency by BringsApples · · Score: 1

    What I've never understood:

    What if Google decided to say, "fuck it", and not only publicly post when they're asked for data, but details as to which accounts, what data.... everything! We all assume that the feds will scoop someone off to jail, but who'd it be? It's not like the government will take everyone that works at Google, or the stock holders, to jail. Google is huge, with more money than the government, could they not just bail out of jail, and fight it out in court? I mean the whole idea of there being a way that the American government can legally be able to go into private organizations and get their data puts in my mind the feeling that the American government is the head (CEO?) of all companies.

    In short, who cares to know the numbers of accounts "searched", I'd only want to know if my account was searched. The rest is nonsense.

    --
    Politics; n. : A religion whereby man is god.
    1. Re:Transparency by elrous0 · · Score: 2

      Senior management arrested, stock plummets, company liquidated. Example made.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    2. Re:Transparency by qbast · · Score: 1

      Google has no mouth so it is not going to say "fuck it". Some person working for google will have to decide and authorize this.Then you have people who actually implemented the decision.It is not really a big problem to find out who is going rot in prison. Even if personal immunity was guaranteed, Google would never risk doing something like that - they have way too much to lose. For example if Google declines to hand over data quietly, FBI (or whoever) could take it themselves - seize all Google datacenters and search them for evidence for next several years.

    3. Re:Transparency by Opportunist · · Score: 1

      And why can't we do that when a company commits an actual crime?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    4. Re:Transparency by wvmarle · · Score: 1

      Google is too big to fail.

      And I'm afraid that's indeed not a joke - Google is how people find stuff on the Internet. Without it, the Internet uses most of it's value.

      And no, also-runs like Bing and Yahoo will not be able to pick up the slack.

    5. Re:Transparency by BringsApples · · Score: 1

      Is that what they did when Google drove around the planet, finding.. er, "hacking" (I know, I know), people's wifi?

      --
      Politics; n. : A religion whereby man is god.
    6. Re:Transparency by gweihir · · Score: 1

      And why can't we do that when a company commits an actual crime?

      They could, but they have no reason to. A company that commits a crime is more pliable to their "requests".

      I also suspect that they find their own image reflected in criminal companies and hence feel some sort of kinship.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    7. Re:Transparency by BringsApples · · Score: 1

      Google has no mouth so it is not going to say "fuck it".

      Yeah, that's a good point, I stand corrected.

      Some person working for google will have to decide and authorize this

      Ahh, that's what I probably meant... How about I will still say "Google" where you will have to say "Some person working for google", that way we both feel better.

      It is not really a big problem to find out who is going rot in prison.

      Ok, so who is it then?

      Google would never risk doing something like that - they have way too much to lose

      I find that impossible to understand. Google is practically a government entity these days.

      if Google declines to hand over data quietly, FBI (or whoever) could take it themselves - seize all Google datacenters and search them for evidence for next several years.

      I can't say that I agree with that, but what a show it'd be, eh? Google's (or as you would have to say, "Some person working for google") lawyers would push paperwork longer than any prosecutor could. Don't forget that some of these servers are in other countries.

      Ultimately you missed my point. My point is that Google (and others like Google) don't push back because they're an integrated part of our government's method of fighting "terrorism". I'm sure that tax dollars are in the mix, and it's awful.

      --
      Politics; n. : A religion whereby man is god.
    8. Re:Transparency by qbast · · Score: 1

      Google has no mouth so it is not going to say "fuck it".

      Yeah, that's a good point, I stand corrected.

      Some person working for google will have to decide and authorize this

      Ahh, that's what I probably meant... How about I will still say "Google" where you will have to say "Some person working for google", that way we both feel better.

      It is not really a big problem to find out who is going rot in prison.

      Ok, so who is it then?

      The people who authorized "the fuck it" and people who carries out this decision?

      Google would never risk doing something like that - they have way too much to lose

      I find that impossible to understand. Google is practically a government entity these days.

      Are we agreeing or disagreeing here? I know Google has special relationship with government and I am sure it is quite profitable. Throwing this away would cause carrot to be replaced with a big stick.

      if Google declines to hand over data quietly, FBI (or whoever) could take it themselves - seize all Google datacenters and search them for evidence for next several years.

      I can't say that I agree with that, but what a show it'd be, eh? Google's (or as you would have to say, "Some person working for google") lawyers would push paperwork longer than any prosecutor could. Don't forget that some of these servers are in other countries.

      Would it be enough to stop execution of warrant? If not, prosecutors would be quite happy to push papers around while keeping all google stuff locked up. Even if some servers are abroad, crippling google in USA would be enormous blow.

      Ultimately you missed my point. My point is that Google (and others like Google) don't push back because they're an integrated part of our government's method of fighting "terrorism". I'm sure that tax dollars are in the mix, and it's awful.

      I did not miss your point. I focused on the stick but I am quite aware of a carrot.

    9. Re:Transparency by Anonymous Coward · · Score: 0

      Bercors that'd beh commanizzum.

    10. Re:Transparency by timmyf2371 · · Score: 1

      And no, also-runs like Bing and Yahoo will not be able to pick up the slack.

      Of course they can. When the previous top dogs like Altavista became less than useful, we simply switched to services like Google. If Google was to suddenly go dark, those people who didn't know any alternatives would simply ask their neighbour or friend and they would have a new search engine. Most people i.e. those non-power users who don't have a clue about boolean search and advanced options in Google probably wouldn't notice much difference.

      --

      Backup not found: (A)bort (R)etry (P)anic
    11. Re:Transparency by WaffleMonster · · Score: 1

      What if Google decided to say, "fuck it", and not only publicly post when they're asked for data, but details as to which accounts, what data.... everything!

      I think we have to be careful to specify the context of what we are taking about. For example I know of no credible consensus around the idea lawful government requests by an actual non-puppet court based on specific articulable facts for specific user accounts that an operator should be free and clear to tell the world who is suspected of x, y and z. I personally don't support this view. The US constitution clearly grants government right to search when evidentiary requirements are met.

      However if government decides to break the law or hire an army of legal weasels to circumvent intent to "secretly" do whatever the fuck they please then by all means fuck 'em. As far as I know legal theory allowing government to ***collect*** records of all calls made within the US is still "classified".

      Saying "fuck it" and daring government to pursuit legal action against you is a great albeit perilous way to gain standing to get a legal judgment against current environment of overreach both in terms of patriot acts total abuse of third party doctrine and nonsensical paranoia based garbage to restrict posting of even aggregate statistics. There are most likely safer ways to bring about the same outcomes than saying "fuck it". Ask a lawyer.

    12. Re:Transparency by BringsApples · · Score: 1

      You are correct. But I wonder what the search warrants actually state, seeing that Google is all over the world. Also, I'm left with the feeling that there's like, a morning email that "Google" receives, and in turn Google provides a certain data-set to the government agency that requested it. Surely it's more than that, but damn. They do it so much each year.

      --
      Politics; n. : A religion whereby man is god.
    13. Re:Transparency by wvmarle · · Score: 1

      The thing is, many people use Google because the others are simply less than useful. I've tried them occasionally, the search results are just not as useful as Google's.

  16. The only people... by Anonymous Coward · · Score: 0

    Who get to skirt the spirit of the law in favor of the word of the law is the government. A judge would laugh at a company implementing this before throwing the book at them.

  17. stupid programmers by Anonymous Coward · · Score: 0

    Courts are not deterministic machines executing the law and applying the facts of the case as if they were parameters to some sort of code. The Court, a.k.a. the judge, is a nondeterministic human being that is capable of stepping out from the rules and determining that you're trying to blow smoke up it's ass, which The Court does not appreciate.

    1. Re:stupid programmers by tepples · · Score: 1

      Courts are not deterministic machines executing the law and applying the facts of the case as if they were parameters to some sort of code.

      They are if they don't want their cases overturned by a higher court.

    2. Re: stupid programmers by Anonymous Coward · · Score: 0

      SCOTUS is the ultimate backstop. You still feelin' lucky with your NSA foiling scheme?

    3. Re: stupid programmers by tepples · · Score: 1

      SCOTUS is the ultimate backstop.

      SCOTUS also gets an inordinate amount of press. If it screws something up, that would likely arouse the public to the point where a party has to adopt a plank of toning down the objectionable law or risk losing voters.

    4. Re:stupid programmers by Anonymous Coward · · Score: 0

      The Court, a.k.a. the judge, is a nondeterministic human being that is capable of stepping out from the rules

      Man, I would love to see a lawyer argue before the court that the judge is nondeterministic!

      Maybe they could set a legal precedent. Philosophers everywhere would be relieved that the question is finally settled once and for all. :)

  18. Yeah, that'll work by 14erCleaner · · Score: 3, Insightful

    I'm sure online businesses will be eager to add a tag that says "don't visit my site".

    --
    Have you read my blog lately?
  19. Slavery hack by tepples · · Score: 5, Insightful

    They would force you to keep the "all-clear" signal with guns pointed at your head?

    There's a way to hack around this by exploiting a Civil War-era constitutional amendment. The company announces in advance, through the canary meta element or another : "If we receive one of several requests, $NAME and $NAME and $NAME will leave the company's employment." I don't see how the government can compel a private employer to compel an employee to continue working for the employer without it being deemed "involuntary servitude" in violation of the employees' Thirteenth Amendment right to quit. So if a certain set of employees is suddenly working for a different company, it's more likely than not that the company has received a classified order to violate a customer's privacy.

    1. Re:Slavery hack by Predius · · Score: 5, Insightful

      By announcing the plan ahead of time, you are saying the actions are in direct response to, and a way to covertly signal that a warrant with gag order has been issued. Hell, your announcement may trigger legal action BEFORE a warrant is ever issued.

    2. Re:Slavery hack by djmurdoch · · Score: 1

      So the day after this announcement, they issue one of those requests.

      The FISA court would grant them authority to do so, in order to protect the integrity of the FISA system. They would see the notice itself as grounds to issue one targeting you.

      Are you volunteering to be one of the names who promises to quit?

    3. Re:Slavery hack by Anonymous Coward · · Score: 0

      I know this sounds Dumb but if you think you're being bugged sometimes those transmitters show up on antique Am/Fm Radios when you key the keyboard you'll hear a click....... if you cant beat them at least you can do is waste time money and irritate the fuck out of them.

    4. Re:Slavery hack by gweihir · · Score: 4, Interesting

      In a police state, almost any sort of behavior can be compelled for any amount of time. You underestimate the moral corruption of those with power and vastly overestimate the value of the US constitution. Hint: The US has been operating an extra-legal KZ for quite some time now. They could not do that if the US constitution had any value.

      So just threaten said employees with life in prison for exposing "secrets critical to national security" and you are done.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    5. Re:Slavery hack by Anonymous Coward · · Score: 0

      Do you live near their office? How would you know if they quit?

      It would not be necessary to compel the employees to stay. It is only needed to compel the business to keep listing them on the employee page.

    6. Re:Slavery hack by tepples · · Score: 2

      Isn't there a law against defrauding other people into thinking a person works for you? I thought periodic filings with the SEC were supposed to state certain employees' identities.

    7. Re:Slavery hack by Hognoxious · · Score: 1

      You have a prearranged partner, and they show up as working there. The reverse happens if your partner gets one.

      (Can't believe I'm descending to slashdot's level of armchair lawyering. I must be more bored than I thought)

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    8. Re:Slavery hack by ergean · · Score: 3, Interesting

      I don't really know the corporate law in US... but what if you say something like - "We will donate 999$ to EFF every time we consider that the rights of our user are in anyway under threat. This is our way of protecting your freedom."

    9. Re:Slavery hack by jdogalt · · Score: 3, Interesting

      By announcing the plan ahead of time, you are saying the actions are in direct response to, and a way to covertly signal that a warrant with gag order has been issued. Hell, your announcement may trigger legal action BEFORE a warrant is ever issued.

      While you may have a technical point here, practically it is far less relevant. Those that are on the other side of this are vulnerable to the light such a prosecution would bring to their actions. They know that what they are doing is so completely fundamentally illegal for so many reasons, that even if they are 100% right legally about the situation you describe, their system of injustice could never withstand actual litigation in such a scenario. Sadly, this means that they will result to less above-board tactics of coercion to achieve their ends.

    10. Re:Slavery hack by Jane+Q.+Public · · Score: 5, Insightful

      There's a way to hack around this by exploiting a Civil War-era constitutional amendment. The company announces in advance, through the canary meta element or another : "If we receive one of several requests, $NAME and $NAME and $NAME will leave the company's employment."

      Seems like overkill to me. A "canary tag" might actually be the way to go. While the government seems to feel it can compel your silence, compelling speech is a completely different thing under the law. Coercing a company to keep its "canary tag" alive is a very different matter from compelling them to take it down and shut up.

    11. Re:Slavery hack by fatphil · · Score: 1

      > I don't see how the government can compel a private employer to compel an employee to continue working

      I don't see how the government can compel a private employer to forego their 1st Amendment right to freedom of speech.

      What makes you so sure that your Civil War-era constitutional amendment is more likely to survive in tact than the 1st?

      --
      Also FatPhil on SoylentNews, id 863
    12. Re:Slavery hack by icebike · · Score: 1

      That only applies to fiduciary officers of publicly traded companions. Not Bob the Janitor. Not privately held companies.
      But I suspect you already knew that.

      --
      Sig Battery depleted. Reverting to safe mode.
    13. Re:Slavery hack by icebike · · Score: 1

      But they can just upstream you, and put their proxy ahead of your servers and adjust the tags. After all, they have been demanding SSL certificates for some time now.

      --
      Sig Battery depleted. Reverting to safe mode.
    14. Re:Slavery hack by Jane+Q.+Public · · Score: 2

      But they can just upstream you, and put their proxy ahead of your servers and adjust the tags. After all, they have been demanding SSL certificates for some time now.

      And where would the get the authority to do that??? The government does not have any legal power to put something out there themselves and claim that it's mine. They have no more authority to lie on my behalf than they do to force me to lie.

      Do not confuse technical capability with legality. If they were the same, there would be no hackers in prison.

    15. Re:Slavery hack by icebike · · Score: 1

      The government does not have any legal power to put something out there themselves and claim that it's mine. They have no more authority to lie on my behalf than they do to force me to lie.

      Why are you STILL obsessing about Legality?

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

      That ship as sailed. The first amendment is null and void.

      --
      Sig Battery depleted. Reverting to safe mode.
    16. Re:Slavery hack by mysidia · · Score: 1

      There's a way to hack around this by exploiting a Civil War-era constitutional amendment. ....

      Seems extreme. Why not just have a policy that all Fax, Email, and Mail, and Telephone communications or recordings thereof are received by a company overseas outside of jurisdiction.

      And the overseas company as an independent actor has their own website, and a mechanism for publishing scans or recordings of any warrant received as a matter of public record, on a page linked to in advance.

    17. Re:Slavery hack by Jane+Q.+Public · · Score: 2

      That ship as sailed. The first amendment is null and void.

      Bullshit. The 1st Amendment is your single best chance of declaring things like gag orders unconstitutional.

      I will not accept such a defeatist attitude. If you want to sit on your thumbs and moan in despair about how much you have been wronged, and how useless it is to fight it, go right ahead.

      But don't try to tell me to do the same thing. I have too much respect for myself (and the children of the future) to indulge in that kind of whining.

    18. Re:Slavery hack by Anonymous Coward · · Score: 0

      But they can just upstream you, and put their proxy ahead of your servers and adjust the tags.

      In which case they obviously don't need to serve the company with a warrant, which makes it irrelevant to this discussion.

      Seriously people, get your heads out of your asses. The ENTIRE point of a warrant canary iso to alert people that the company has received a warrant which has a secrecy clause/gag order/etc. attached to it.
      ANY situation where a warrant doesn't have to actually be presented to the business is completely irrelevant to the discussion. That includes a warrant to tap the business, as well as situations where a warrant is not even needed... for example pretty much anything outside the US.

    19. Re:Slavery hack by muridae · · Score: 1

      And yet if you are sitting on a jury in a trial, they can and have made laws requiring you not to talk about what you've learned til after the trial. Is that not also a law abridging freedom of speech? Gag orders on the press covering a trial also exist; same question.

    20. Re:Slavery hack by icebike · · Score: 4, Insightful

      Congress has LONG AGO (well before your birth) passed laws authorizing gag orders, in spite of clear and unambiguous language in the first ammendment, and these have been upheld all the way up to the Supreme Court.

      Short of forming a large army and taking over the government, and start hanging Suprhereeme Court Judges, there is exactly ZERO, chance of you winning such an appeal. This is settled law.

      The first ammendment is dead. Either DO SOMETHING to prove me wrong or accept it. Boastful chest thumping on Slashdot is useless.

      --
      Sig Battery depleted. Reverting to safe mode.
    21. Re:Slavery hack by icebike · · Score: 1

      Yes of course it is an abridgement of your right to free speech.
      And some of these gag orders are enshrined in federal law, passed by Congress.

      --
      Sig Battery depleted. Reverting to safe mode.
    22. Re:Slavery hack by Antique+Geekmeister · · Score: 1

      The 1st amendment hasn't worked well, yet, for Wikileaks, for Edward Snowden, or for the services who've been encountering the Patriot Act search orders for the last decade. It's been very difficult to get the cases to court, since the evidence gathered has not been a matter of court records on which an appeal on constitutional grounds could be mounted.

    23. Re:Slavery hack by currently_awake · · Score: 1

      If your company is under a court order to not tell anyone about a search warrant, and you have already told your customers about a code word that means that- then saying that code word counts as a breach of a court order. They might not be telling you to lie, but if you don't you go to jail.

    24. Re:Slavery hack by wisty · · Score: 4, Insightful

      My guess is, the harder it is to maintain a canary the less likely you are to get in trouble for breaching it.

      If you promise to do a silly dance, and put it on Youtube every day, they may find it difficult to force you to continue. They might be able to take some action against you, but you have the paper-thin defence that you forgot to do the silly dance, or that your canary was simply not something that users really expected you to carry on with. Or you could even just make the silly dance less silly.

      On the other hand, manually removing a tag from a page, or killing an automated canary is obviously a deliberate step you took to signal the search. They can definitely treat "sudo kill -9 canary", or manually editing a web page as a step you took to breach the gag order.

      If you want to risk a canary, don't make it fully automated. There's no way in hell you'll get away with it.

      I'm not a lawyer. I don't know if a "dead man's switch" is OK, because they they can't force you to press it. But I'm pretty confident that a fully automated canary is simply not going to work.

    25. Re:Slavery hack by Anonymous Coward · · Score: 1

      Except as bad as the covert surveillance by the NSA may be (and it's clearly bad, throwing around terms like "police state" just makes you sound stupid.

    26. Re:Slavery hack by eyegone · · Score: 1

      I'm pretty sure that $NAME and $NAME and $NAME don't want their spouses/partners/children/parents/etc. to be killed/tortured/Gitmo'ed/etc., so I fail to see how this is a problem for the National Security Asshats.

      --
      "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
    27. Re:Slavery hack by cheekyjohnson · · Score: 1

      They'd probably still harass you. Would that violate your rights? Yes. Do governments care? No.

      --
      Filthy, filthy copyrapists!
    28. Re:Slavery hack by cheekyjohnson · · Score: 1

      Well, it's certainly on the way to one.

      --
      Filthy, filthy copyrapists!
    29. Re:Slavery hack by Anonymous Coward · · Score: 0

      I don't see how the government can compel a private employer to compel an employee to continue working for the employer without it being deemed "involuntary servitude" in violation of the employees' Thirteenth Amendment right to quit.

      SCOTUS ruled that the Thirteenth Amendment doesn't restrict conscription. In other words, they are perfectly willing to allow slavery for purposes of national security.

    30. Re:Slavery hack by Anonymous Coward · · Score: 0

      Fine, so they don't coerce you to keep it up, they just throw you in jail for violating the "secret" part of the "secret warrant".

    31. Re:Slavery hack by Anonymous Coward · · Score: 0

      The first ammendment is dead.

      It's really not. You're in a common law country... if you want a list of things that you can derive logical conclusions from, without adding consideration of precedent or other things, then you want to live in a civil law country, such as with the Napoleonic Code.

    32. Re: Slavery hack by Anonymous Coward · · Score: 0

      I find it sad/scary that you apparently misspelled 'Supreme' in the second instance of your post where you discuss hangings.. whether intentional or not, the fact we all now know of the true extent if surveillance makes such misspellings prudent methinks. :(

    33. Re:Slavery hack by TangoMargarine · · Score: 1

      To continue the analogy, the canary in real coal mines obviously had to be fed regularly, otherwise it would die as well.

      --
      Unity? Screw that: XFCE. Slashdot Beta? Screw that: SoylentNews. Australis? Screw that: Pale Moon. UX developers DIAF
    34. Re:Slavery hack by mythosaz · · Score: 1

      There are numerous limitations to speech.

      The 1st amendment doesn't, and has never attempted to, make all speech "free." Treason is still treason. Libel and slander are still crimes. Threats of violence are still threats. Fire! in a theater isn't a great idea either.

      ...you just can't be told to not reasonably express your ideas.

    35. Re:Slavery hack by phorm · · Score: 1

      And how would people know they're not working there anymore? You might be able to let those employees go, but they could still gag you from publicizing it.
      Beyond that, the employees themselves would have to agree lest wrongful dismissal rear its head.

    36. Re:Slavery hack by Anonymous Coward · · Score: 0

      All canaries will fail after the first court case: http://tech.slashdot.org/comments.pl?sid=4454461&cid=45456985

    37. Re:Slavery hack by psydeshow · · Score: 2

      In a police state, almost any sort of behavior can be compelled for any amount of time. You underestimate the moral corruption of those with power and vastly overestimate the value of the US constitution. Hint: The US has been operating an extra-legal KZ for quite some time now. They could not do that if the US constitution had any value.

      So just threaten said employees with life in prison for exposing "secrets critical to national security" and you are done.

      But why bother with the charade? In other police states, people disappear with no reason. There is no secret court. There is no "process". They just do what needs to be done. Opposition politicians, investigative journalists, enemies of those in power, and, in many cases, friends of those in power are arrested one day and never heard from again. That hasn't been happening. Stupid cowboy shit like bugging the phones of world leaders, yes. Compelling the secrecy of secret surveillance, yes. But as far as I know, the Feds aren't shredding the Bill of Rights (outside of airports, but that's a special case of its own--you can fly anywhere without being searched, just not on a major carrier).

      So are we at the end of a 12-year transitional period that spans two administrations? OR is all of this cloak and dagger stuff considered genuinely necessary by a law enforcement apparatus that really really wants to operate legally but feels that tipping off criminals will make them impossible to catch?

      Gag orders are as undemocratic as it gets, and way too blunt an instrument for a society that can and should have come up with a more refined successor to the PATRIOT Act by now. But there isn't anything reported so far that is inconsistent with the law -as written-. Declaring the Constitution null and void based on the actions of the NSA and FBI to "Intercept and Obstruct Terrorism" is a bit premature, given that they are doing so with the blessing of Congress.

    38. Re:Slavery hack by swalve · · Score: 1

      Yes. Exactly. Negative disclosure is still disclosure. Not (We have not been served a warrant) == We have been served a warrant.

    39. Re:Slavery hack by geminidomino · · Score: 1

      Except that's the point of the canary tag. You've got your analogies inverted. You're not saying the code word that means you got the warrant. You're not NOT saying the word that means you haven't. You don't confirm getting the NSL/warrant, you just stop denying it (From "No" to "I'm not at liberty to answer that").

    40. Re:Slavery hack by Anonymous Coward · · Score: 0

      This is our way of going bankrupt overnight.

      FTFY

  20. Authority to approve hosting expenses by tepples · · Score: 1

    My company exists purely in cyberspace. There is nobody in authority who can be contacted in person.

    Other than the registrar of your domain and the owner of the IP address block from which your site is hosted. Follow the money to the identity of the person with authority to approve hosting expenses.

    1. Re:Authority to approve hosting expenses by PPH · · Score: 1

      Follow the money to the identity of the person

      Corporation based in the Caymen Islands. Old solution. Very effective.

      Attempts to follow ownership trails overseas by US LEAs do not share protection from disclosure like domestic operations do. There is no law in many jurisdictions stopping an overseas attorney from informing me (and anyone else interested) that people have been poking around, asking questions.

      --
      Have gnu, will travel.
    2. Re:Authority to approve hosting expenses by tepples · · Score: 1

      Other than the fact that 1. most global TLDs have ties to the USA, and 2. latency to servers physically located outside the USA may be unacceptable, and 3. some parts of U.S. law apply to U.S. citizens no matter where they live.

    3. Re:Authority to approve hosting expenses by green1 · · Score: 3, Informative

      You forgot 4) most foreign governments will do anything they can to please the USA and/or already have similar programs in effect.
      Not to me mention the point made by several others that much of this surveillance is being done either without a warrant or with a warrant to your upstream provider rather than to you.

    4. Re:Authority to approve hosting expenses by Anonymous Coward · · Score: 0

      some parts of U.S. law apply to U.S. citizens no matter where they live.

      Simple, use a shell corporation. Shady businesses have been using those for decades to dodge the law.

    5. Re:Authority to approve hosting expenses by icebike · · Score: 2

      Not. Fooling. Anybody.

      Please explain how this will prevent federal agents from arriving at your server farm and installing a tap or cloning your drives?

      They don't have to serve the warrant on the head owner. Who ever has possession of the box will do.

      You can't hide a website's actual location from people who have access to all of your upstream providers.

      --
      Sig Battery depleted. Reverting to safe mode.
    6. Re:Authority to approve hosting expenses by PPH · · Score: 2

      4) most foreign governments will do anything they can to please the USA

      This seems to be changing quite rapidly. Domestic political pressure is being applied to politicians to cut their espionage ties with the USA. On top of that, I'm not so sure many heads of state appreciate their cell phones, e-mail and other communications being monitored by the NSA.

      much of this surveillance is being done either without a warrant or with a warrant to your upstream provider rather than to you.

      Fine. If the NSA thinks it can handle an Internet of encrypted communications, they are welcome to tap anything they want. Even if they just spool the encrypted traffic off to a server and hope to come back next month with a warrant for the keys: Sorry. We roll them over once a week. And we don't save the old ones. Not a US corporation. Not required to.

      --
      Have gnu, will travel.
    7. Re:Authority to approve hosting expenses by PPH · · Score: 2

      3. some parts of U.S. law apply to U.S. citizens no matter where they live.

      Actually, that would be 'US persons'. The legal distinction is quite subtle, but think of a US citizen working for a foreign corporation. And some corporations might just wash their hands of the USA altogether. Move their operations overseas and hire local talent.

      --
      Have gnu, will travel.
    8. Re:Authority to approve hosting expenses by currently_awake · · Score: 3, Insightful

      American law applies to whoever the men with guns says it does. If the NSA is willing to spy on everyone, why would they balk at hacking your account and posting their own canary?

    9. Re:Authority to approve hosting expenses by sumdumass · · Score: 1

      I do not think it is meant to stop anything like that. It is meant to inform users that something like that happened without running foul of the non-disclosure laws commonly associated with NSA letters and some warrants. It is mean to be a do nothing as the laws require and you are magically informed by the site owners doing nothing to inform you.

    10. Re:Authority to approve hosting expenses by sumdumass · · Score: 1

      forget my other reply. I completely misunderstood what you were saying.

    11. Re:Authority to approve hosting expenses by myowntrueself · · Score: 1

      Other than the fact that 1. most global TLDs have ties to the USA, and 2. latency to servers physically located outside the USA may be unacceptable, and 3. some parts of U.S. law apply to U.S. citizens no matter where they live.

      The latency issue is why you have a fucking big barge full of servers just offshore but in international waters and connected to the backbone coming into the USA.

      --
      In the free world the media isn't government run; the government is media run.
    12. Re:Authority to approve hosting expenses by garyebickford · · Score: 3, Insightful

      Folks have been doing this lately, and now it's a 'movement'. I suspect it is all in vain. It seems to me that the secret court would simply interpret removing the tag as informing de facto, and requiring you to leave the tag in place even though it is no longer true. So I think it's a pointless gesture at best, and most likely a deceptive error that is possibly worse, since folks might depend on its veracity / correctness.

      --
      It's easier to be a result of the past, but more fun to be a cause of the future! http://www.spacefinancegroup.com/
    13. Re:Authority to approve hosting expenses by qwijibo · · Score: 1

      Agreed, the tags seem subject to interpretation since it's basically a behavior instituted to inform others that a warrant has been served.

      Other solutions, such as a digitally signed message saying that they have not been served any warrants that would provide the government with their customer data is a different case since it's a positive affirmation. The court would have to officially come out and say that a business is required to provide falsified information to its customers, potentially in direct violation of their contracts with those customers, leaving the business open to substantial financial damages. I don't think the court is going to say the government will be responsible for unlimited financial impact in order to make the business comply.

      In reality though, those companies that have the resources to fight these kangaroo court orders seem to be leaving a lot of precedents behind in their wake that the orders themselves are fundamentally illegal. Now if only we had a way to prosecute the people who commit crimes under the color of law.

    14. Re:Authority to approve hosting expenses by Confusador · · Score: 4, Interesting

      It's not quite as simple as requiring you to leave the tag in place. The way the tag is supposed to work is that it tells you a date on which they had not recieved such requests, and if the date gets stale then you can reasonably suppose that they have since that time. The secret court would thus have to not just compel you to leave it, but to also continue updating. This is why Apple's approach is so interesting: it's going to precipitate a court case to determine whether they can be coerced into providing materially false information to the SEC.

    15. Re:Authority to approve hosting expenses by TangoMargarine · · Score: 1

      4. The U.S. government these days apparently doesn't give a fuck whether what they do in other countries is actually acceptable or legal

      --
      Unity? Screw that: XFCE. Slashdot Beta? Screw that: SoylentNews. Australis? Screw that: Pale Moon. UX developers DIAF
    16. Re: Authority to approve hosting expenses by garyebickford · · Score: 1

      There are numerous historical precedents for that sort of thing during wartime. Entire companies were created out of thin air for the purpose of deceiving the enemy. In this case, if in some future time the truth came out the defense that it was pursuant to a federal court order would be a legitimate defense. And since no liability could accrue and no financial loss to investors could be shown there would be no effect on share prices IMHO.

      --
      It's easier to be a result of the past, but more fun to be a cause of the future! http://www.spacefinancegroup.com/
    17. Re:Authority to approve hosting expenses by Anonymous Coward · · Score: 1

      A canary will fail in this way:

      You have a canary. Gov't serves a secret warrant. You don't update your canary. World knows that you received warrant. Gov't claims you are in violation of gag order because you knowingly disclosed the warrant. You did, in fact. You even advertised that you were going to do this by creating the canary. That's half the point of the canary. It's moot that your only other choice was to lie. That's a corner you painted yourself into by creating the canary in the first place. It's still the case that you knowingly disclosed receipt of the warrant. The gov't didn't and doesn't need to ask you to lie. They just have to find you guilty of violating the gag order. Bang, penalties, whatever they are.

      The result will be that all canaries will disappear after the first such case.

    18. Re:Authority to approve hosting expenses by Anonymous Coward · · Score: 0

      You forgot 4) most foreign governments will do anything they can to please the USA and/or already have similar programs in effect.
      Not to me mention the point made by several others that much of this surveillance is being done either without a warrant or with a warrant to your upstream provider rather than to you.

      Well, you forgot Poland

  21. Injunctions by Anonymous Coward · · Score: 0

    Injunction against removing the metatag.
    Injunction against telling the individual who updates the metatag to stop updating it.

  22. Right to quit by tepples · · Score: 1

    Injunction against telling the individual who updates the metatag to stop updating it.

    The employee who updates the metatag is no longer with the company, and he has a constitutional right to quit.

    1. Re:Right to quit by LVSlushdat · · Score: 2

      We are to the point where I wonder why everybody keeps falling back on things like "constitutional right to quit".. Its now to the point where this government has spit on the constitution for so many years, and are now to the point of actively setting it on fire, bringing on its total and complete disregard by this government.. I love this country, served in its military in the 70s, but am embarrased and sickened by its government.. We are WELL beyond "the ballot box" being able to fix the MANY problems, and the government is well on its way to be SURE that no corrections in it can be made by "the ammo box"... May God Bless and keep this wonderful country, as we certainly don't seem to be able to...

      --
      THANK YOU, Edward Snowden!! Americans owe you a debt of gratitude (whether they know it or not..)
    2. Re:Right to quit by Predius · · Score: 1

      Better get someone else to update it, under penalty of law, says mr injunction.

    3. Re:Right to quit by qbast · · Score: 4, Insightful

      Sigh, gag order compels company to not communicate something. It does not really matter what cute scheme you are going to think up, you are still liable. Actually this idiocy with canary metatag would probably cause harsher penalty as it plainly shows that you planned to violate any gag order you were served.

    4. Re:Right to quit by gweihir · · Score: 1

      Don't be naive. "National security" is of course more important that any part of the constitution. Sure, you can complain to the supreme court and after a few years they may even allow you to quit without facing life in prison. Or they may not do so. Corrupting the integrity of a supreme court is not so hard to do if you work long enough on it or have dirt on the judges. Remember that domestic surveillance that has been going on?

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    5. Re:Right to quit by gweihir · · Score: 2

      Indeed. This is not a technological problem. The only meta-technological solution that would work is to stop doing business in the US. Corporate greed will prevent that from happening.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    6. Re:Right to quit by Hognoxious · · Score: 1

      Salvation will come from the corporations. Trust the 1% - they have more to lose than you if the communists take over!

      [The Koch brothers endorse this message]

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    7. Re:Right to quit by BronsCon · · Score: 1

      Sadly, it's almost looks as though they may be putting themselves in a position where they have to give up half of what they have to keep from losing all of it. The question is... will they realize it when it happens?

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    8. Re:Right to quit by Anonymous Coward · · Score: 0

      ... the integrity of a supreme court ...

      Bahahahahahhahaha, I haven't laughed so hard in ages! Thanks!

  23. Three problems by DMiax · · Score: 1

    First, depending on how automated it is, the webmaster might be ordered to keep updating it. So updating the metatag must be a deliberate action and forcing you to update it would be akin to forcing you to lie. Still not clear that they would not do it or try to, though.

    Second, in a larger organization the person updating the tag does not need to know whether the data has been compromised or not.

    Third, many companies shared data "on a voluntary basis". Whether this is really voluntary or under some thinly veiled threat, there is nothing guaranteeing they won't lie on their own accord.

    In conclusion, there is absolutely no way to make "the cloud" safe via tehnical means.

    1. Re:Three problems by ledow · · Score: 1

      Nobody has to force YOU to lie. They just have to have you demonstrate how THEY could lie using your systems. And that they can legally coerce you to do already. And non-cooperation will see you up in court for failing to comply with a valid court order, so 99% of people will comply.

      The rest is just obvious.

    2. Re:Three problems by PhilHibbs · · Score: 1

      Third, many companies shared data "on a voluntary basis". Whether this is really voluntary or under some thinly veiled threat, there is nothing guaranteeing they won't lie on their own accord.

      I guess only time will tell whether a company's canary tag is a genuine attempt to defy the police state, or a fig leaf to make you think they are on your side. As with all promises, you have to choose who you trust.

  24. Precedent in other law systems by ledow · · Score: 5, Informative

    Same reason the British AA (Automobile Association, not alcoholics) were formed and (later) forced to change their ways.

    The whole point of the AA was formed to inform members of police speed traps. Back in the days of red-flags in front of vehicles held by a man. If your were an AA member, and there were no police around, an AA employee would be required to salute you.

    If, however, there was a police trap present, they would not. Absence of the salute was seen as just such a canary to warn you despite being a "non-action". Eventually it was ruled illegal and the AA and the RAC both become just "vehicle breakdown" companies

    When it comes down to it, if a court / police can argue that they need you NOT to trigger the canary (by inaction or otherwise), they will find a way to make you do it. They already redirect your DNS if they steal your domain, what's to stop them updating the canary themselves apart from a minor technical issue? All it will do is just get your whole domain seized to make you compliant.

    ESPECIALLY if the entire point of the canary is to indicate to people whether you are subject to a (potentially LEGAL) court order not to reveal that you're under such an order. Little difference between that and you phoning up your buddy to warn him that you were just busted and the cops have his address - it's seen as deliberate evasion of the law. Even if the message is "I **WON'T** text you at 5pm if I've been raided".

    The simple fact, though, is that such warrants are not a problem when they are legal and above-board. The problem is when they are not. Skirting the legal grey area yourself is not the correct response to the agencies skirting the legal grey areas.

    If all else fails, they'll just institute a law to stop you doing things like this.

    1. Re:Precedent in other law systems by Anonymous Coward · · Score: 1

      @ The simple fact, though, is that such warrants are not a problem when they are legal and above-board. :
      This is in many cases untrue. There are many horrible laws on the books. Furthermore, there are situations where a company can be served a warrant which can be used to tap information about me, even though I myself haven't done anything wrong.

    2. Re:Precedent in other law systems by gweihir · · Score: 4, Insightful

      These warrants _are_ legal. Do not confuse "moral", "right", "appropriate" or "just" with "legal". For example, the Nazis killing Jews was perfectly "legal". Once you have secret courts and secret laws, you can make basically everything you like "legal". That is why only totalitarian states (or the ones on their way there) have secret courts or secret laws. The law is just a bureaucratic instruction on how to deal with people the government does not like. Once the government starts to dislike or fear the population of a country (and the US is clearly there already), the law just becomes a tool of oppression.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    3. Re:Precedent in other law systems by NormalVisual · · Score: 1

      Once the government starts to dislike or fear the population of a country (and the US is clearly there already), the law just becomes a tool of oppression.

      And at that point, the governed need to do some real soul-searching and determine what they're willing to sacrifice to keep that from continuing.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    4. Re:Precedent in other law systems by gweihir · · Score: 1

      You think people in the government have a "soul" they could search? I think you mistake the problem for the solution...

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    5. Re:Precedent in other law systems by Anonymous Coward · · Score: 0

      A statute passed in violation of the Constitution is not legal. The final arbiter of this is the people themselves, and to deal with this sort of problem they were granted a large number of remedies, the first of which is obviously the ballot box.

    6. Re:Precedent in other law systems by NormalVisual · · Score: 1

      The *governed*, not the government. :-)

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    7. Re:Precedent in other law systems by gweihir · · Score: 2

      Woops, sorry. You just exceeded the language sophistication I expect here. You are entirely correct, of course.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    8. Re:Precedent in other law systems by Anonymous Coward · · Score: 0

      In the US, the 4th amendment states that warrants must be specific. A warrant asking for "everything" is not valid, period. Laws which violate the constitution are void, and can not possibly be "legal." Its every US citizen's responsibility to ignore any and all void laws.

    9. Re:Precedent in other law systems by Anonymous Coward · · Score: 0

      That an American court can rule that gag orders do not violate the First Amendment shows exactly how fluid legality is. What's legal is only ever the same as what's right by coincidence.

  25. Magical thinking, by westlake · · Score: 4, Insightful

    With the advent of national security letters and all the NSA issues of late perhaps the web needs to implement a warrant 'warrant canary' metatag

    "The web" doesn't implement anything. You do.

    The exposure of a warrant in violation of a court order will land you in jail.

    The judge won't give a damn about how cleverly you went about it --- until you come up for sentencing, of course.

    1. Re:Magical thinking, by jimicus · · Score: 1

      Precisely my thinking.

      There's two possible scenarios if you set up such a canary, these are:

        1. You wind up in front of a judge. The judge shrugs his shoulders, says "He's got a point. Nothing in the law that says he's obliged to continue updating that "canary", as he calls it, and nothing in your letter that explicitly demanded he do that either". You walk free.
        2. The judge says "Whoah. Hang on a minute. The whole point of this law is to ensure that these letters are kept secret. I can see what he's doing - he's trying to come up with a clever way of following the letter of the law while totally ignoring the spirit. Well, that doesn't wash with me. Give me a couple of weeks - I need to read through the sentencing options to see what I'm gonna do with this guy. What should you do with your man? Oh, throw him in a cell, he'll be okay there. I'll call you back next month".

      Think it won't happen? The judge's job is to interpret the law and apply it as best he can. Sometimes there will be scenarios which the law as written doesn't entirely cater for - which is where the idea of the spirit of the law comes in. It can happen, and even with a clever lawyer fighting your corner, there's every possibility it will happen. If you're taking ideas from sites like this and plan on using them to keep you out of prison - well, sooner you than me.

    2. Re:Magical thinking, by Anonymous Coward · · Score: 0

      The canary will fulfill its purpose in both of your outlined scenarios.

      As long as it depends on manual activity by a given individual or small set thereof in order to stay updated on the established, regular schedule. Yes, it may well lead to people getting in trouble. That is the price we need to be willing to pay, in order to have the current, escalating madness countered, eventually.

      The necessary criteria for such a canary:
      - Must rely on manual updating, by a human being
      - Must NOT, under ANY circumstance, be automated, or allow for automation
      - Must incorporate a digital signature of appropriate minimum strength
      - Must rely on a well-kept secret (a really good pass-phrase) stored only in the mind of the individual (or individuals) responsible for the canary

      This has already been done the right way. You know where to look.

      Then:

      If brought before the court, and if the judge is sane, he/she will allow it. If the judge is less sane (by choice and/or by being coerced) and decides to throw the individual in jail, the canary still works and fulfills its purpose, with the price of one person being thrown in jail.

      This can be a very high price to pay, indeed.

      It requires a particular kind of individual being prepared to spend time in jail in order to ensure that the canary works. Then again, it's precisely that kind of individual upon which great societies depend, both for their creation and for their longevity.

      The question becomes, then, do we have enough people loving their countries enough in order to take the risk and do this, and/or similar things?

      If we do not, then we are fucked.

  26. pointless effort by Anonymous Coward · · Score: 0

    Folks, even the most free society in the world will have requirements for lawful collection of private digital data. It's a pipedream of utopia to think otherwise. Trying to create canary tags will not help. In the real world, there are criminals, hackers, hostile countries that want to undermine other countries. Not every bogey man is a political phantom--there are real threats in the real world. It's one small piece in the bigger picture of maintaining your national sovereignty. The debate needs to not be about whether or not this type of collection should exist, or how to create some sort of meta tag to undermine it; but rather the scope of it, where to draw the line, and where it fits into the national legal framework.

    Canary tags and such wasted efforts by the technical community. Rather, we need to calmly and rationally ask ourselves why every free society in history has decided they needed a wiretaping capability. How do we address those legit concerns with legit privacy concerns? How can technology positively contribute to finding such a balance? The positions and efforts I see the technical community recently taking will simply leave us without a role to address privacy issues that modern societies and governments are trying to solve.

  27. Shades of gray by gmuslera · · Score: 1

    Once you accepted that you can have secret laws to force providers to not tell something, how far is that from forcing them to keep updating that metatag or lying? Before that becomes a standard or something popular enough the law covering that chance will follow.

    The system is broken already, there is no possible trust if you have secret laws to force even the most trustfully provider to follow their orders, stop playing boiling frog.

    And if you think that things are bad enough already, think that we know so far a few of the 200000 documents leaked by Snowden.

  28. Simple solution by vikingpower · · Score: 4, Insightful

    Don't host anything in the USA. Don't use USA-based cloud services. Don't do business with USA companies. At my employer's, the national R & D institute of a smaller European country, we already don't anymore. Business keeps on going as usual. We live as if the USA would not exist. Can we be subject to surveillance, or eavesdropped upon ? Of course. But we are out of the legal hassle. As simple as that.

    --
    Religous speak to God. Insane are spoken to by God. When all shut up, one can finally hear Shostakovich in peace
    1. Re:Simple solution by gweihir · · Score: 0

      Indeed. The US has nothing the rest of the world needs. Everything it produces is produced somewhere else as well, and in better quality.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    2. Re:Simple solution by ducomputergeek · · Score: 3, Insightful

      What makes you think overseas is safe? Because once it's outside the United States it's then legally fair game for the NSA and CIA to tap because spying on foreign assets is supposed to be their jobs.

      After all who are they buying vendor support services from? How many of the leading tech support agents from companies like Microsoft, IBM, Oracle, Cisco, also draw a nice second pay check from the 3-letter agencies to install special devices/software/updates for said agency against a particular target. Even the local tech support guys can be bought or blackmailed. And if it's in a foreign country, that's within the CIA's mandate. Again, that's their job.

      The US intelligence agencies run a fleet of international cable tapping submarines. If your traffic travels across an ocean, any ocean, or major body of water with ocean access it's tapped. How many "weather" satellites also contain communications intercept gear?

      So you think your safe not hosting in the United States? Well think again.

      --
      "The problem with socialism is eventually you run out of other people's money" - Thatcher.
    3. Re:Simple solution by cold+fjord · · Score: 2

      Don't host anything in the USA. ... But we are out of the legal hassle. As simple as that.

      I have little doubt that if you check your country has warrants and gag orders as well, the national intelligence agencies snoop, the police investigate, and they probably have a working relationship with the US at some level.

      So, try running your illegal scheme there and see how much good it does. I wouldn't bet that helps all that much.

      In fact, if your country is European you might even be in worse shape than in the US since European countries tend to have fewer protections for free speech than the US does, and are more likely to have significant penalties for speech, including jail.

      --
      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:Simple solution by Meditato · · Score: 1

      This is a good point...the legal protections on American companies are in fact *stronger* than they would be for foreign companies.

    5. Re:Simple solution by cold+fjord · · Score: 1

      That isn't quite true. The US produced the armies that helped end two world wars, and prevented a third one, maintaining freedom in Western Europe until Eastern Europe broke free from its chains (in most places). To do that it spent a far larger portion of its national treasure than the typical European country, and that allowed Europe to both rebuild after the war, and to afford the social welfare systems they've built. The US still has military forces in Europe helping to protect the freedom of, and maintain deterrence for, its NATO allies. It is building an antimissile shield to protect Europe from Iran and other rogue states. Since Iran, and Saudi Arabia, will probably soon be nuclear states with missiles that can reach Europe, that is a good thing. Even without that threat it is likely that Europe will be in deep trouble in 25-50 years, and is likely to need US assistance is some measure.

      I will also point out that the Internet, Unix and many of its derivatives, the C language, the microprocessor (including the Pentium and Opteron families), the Windows operating system, and Slashdot were all invented in the US.

      --
      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
    6. Re:Simple solution by Anonymous Coward · · Score: 0

      Wow, super smart. Guess what? You're data is still being being captured. Just not by US based companies.

      Here's another ProTip... the government that you live under probably has a data sharing agreement with the US. ;-)

    7. Re:Simple solution by vikingpower · · Score: 1

      This is also a reply to all the other replies to my post. I only said that we are out of the LEGAL hassle. Of course we are being tapped and spied upon, just like anyone else. And of course we can use the C language, Unix, and so on. Of course we read and comment papers written by US-American scientists. We only don't do business with the USA anymore.

      --
      Religous speak to God. Insane are spoken to by God. When all shut up, one can finally hear Shostakovich in peace
    8. Re:Simple solution by gweihir · · Score: 2

      That is a rather simplistic view of what happened. It is also inaccurate in many respects. For example, the US military did not prevent a 3rd world war, it very nearly destroyed the word several times being on the brink of fighting it. These lunatics though for a long time that a global nuclear war could have been "won". Not so, says modern climate science. As to C and microprocessors, taking what was created in Europe instead would have been far better in quality. For example, the atrocity that is x86 would never have happened with the European-designed MC68xxx, which had a far, far superior design. The simplistic C was mainly invented because US microprocessors could not have been easily programmed in assembler. Europe had Algol at that time, with things like dynamic arrays, real type checking, etc. It took programming languages 3 decades to recover from the US "invention" of C. And so on.

      The one thing that is fully correct, is that the abomination named "Windows" is an US "invention" that has held back innovation for a long time now.

      Sorry, but I maintain: Nothing produced in the US is not produced elsewhere at better quality.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    9. Re:Simple solution by Anonymous Coward · · Score: 0

      Don't host anything in the USA. Don't use USA-based cloud services. Don't do business with USA companies. At my employer's, the national R & D institute of a smaller European country, we already don't anymore. Business keeps on going as usual. We live as if the USA would not exist. Can we be subject to surveillance, or eavesdropped upon ? Of course. But we are out of the legal hassle. As simple as that.

      Thank you! Now that you are operating outside the realm of that pesky US Constitution, we can spy, kidnap, kill, etc... with impunity.

      Kisses the NSA

    10. Re:Simple solution by osiaq · · Score: 1

      No Google? No MIcrosoft/Nokia? No Blackberry (well, Canadian, true)? No Android? I'm an admin in the medium-sized German educational institute, trying to avoid US-soil based stuff but well - you cannot avoid all of them. Internauts did chose US years ago, coz that was the only country that guaranteed stability, technology and transparency. It was the safest haven available. I agree - we are moving back to Europe (Dropbox replaced with Wuala, servers in LeaseWeb, Hetzner and you name it, domains moved away from godaddy but still - there's a lot to migrate and this will take much longer, that it took to get tied to the US-based solutions. But yes - the trend is set.

    11. Re:Simple solution by Anonymous Coward · · Score: 0

      Indeed. The US has nothing the rest of the world needs. Everything it produces is produced somewhere else as well, and in better quality.

      This message brought to you by ARPANET

    12. Re:Simple solution by Tom · · Score: 1

      Written in an alphabet not invented in the US, on computer technology co-developed in Germany (Zeise), in a language from a european island?

      Just because you invented it once doesn't mean you're necessary for it anymore. The civilization that came up with the roman alphabet? Long dead. Arab numerals? Fractured. Writing per se? The way of the Dodo bird.

      --
      Assorted stuff I do sometimes: Lemuria.org
    13. Re:Simple solution by Tom · · Score: 1

      That isn't quite true. The US produced the armies that helped end two world wars,

      I'll stop at what is definitely true and ignore the parts that can be argued about.

      You see, truth is never simple. Yes, the USA stepped in twice when Europe was destroying itself. But was it out of the goodness of its heart? Not likely. Think about what the main geopolitical effect of WW1 and WW2 was.

      Yes, that's right. The end of the european nations as global superpowers and the rise of the USA as a superpower. That's not a coincidence. Book hint: "The Rise and Fall of the Great Nations" - excellent little book that'll teach you how closely economy and warfare are related.

      --
      Assorted stuff I do sometimes: Lemuria.org
    14. Re:Simple solution by Anonymous Coward · · Score: 0

      legal arguable, fair no

    15. Re:Simple solution by manu0601 · · Score: 1

      The US produced the armies that helped end two world wars

      You known veterans from WWII would not make very good soldiers anymore,right? (not speaking of those from WWI)

      and prevented a third one,

      What conflict do you refer to?

    16. Re:Simple solution by Anonymous Coward · · Score: 0

      Your argument is akin to saying directly installing malware makes a computer safer as the attacker wouldn't need to use exploits to get in.
      You can't make a system perfectly safe, but that is no reason to not take even the most basic steps to make it safer than an Internet-connected computer running Windows 98 first edition.

    17. Re:Simple solution by Anonymous Coward · · Score: 0

      He didn't say it was safe. He said he wouldn't have the legal hassle. The rest is technical hassle, and technical solutions are perfect for that, so that's what they can focus on.

    18. Re:Simple solution by Anonymous Coward · · Score: 0

      Did you read the post you are responding to. His claim is "same eavesdropping, no legal hassle".

      So while it doesn't prevent CIA/NSA/whoever from intercepting traffic it prevents the US government from sending a letter forcing compliance... unless you happen to put the servers/clouds/business in a country that does whatever the US says (most western "democrazys").

    19. Re:Simple solution by Anonymous Coward · · Score: 0

      > Because once it's outside the United States it's then legally fair game for the NSA and
      > CIA to tap because spying on foreign assets is supposed to be their jobs.

      Indeed, but they can't use threat of jail time to compel co-operation. They have to fight their way into the network.

    20. Re:Simple solution by Anonymous Coward · · Score: 0

      You dumbass..... original poster specifically said: "Can we be subject to surveillance, or eavesdropped upon ? Of course.".

      The point is the USA has no legal authority so he doesn't have to worry about the FBI suddenly sending a swat team to take over his company.

    21. Re:Simple solution by Anonymous Coward · · Score: 0

      It took programming languages 3 decades to recover from the US "invention" of C. And so on.

      And one day a century from now people will realize that Lisp was the right way to go all along.

    22. Re:Simple solution by vikingpower · · Score: 1

      See my answer above. I only meant doing business, not using US-sourced tech.

      --
      Religous speak to God. Insane are spoken to by God. When all shut up, one can finally hear Shostakovich in peace
  29. Cory's solution won't work, at least by fatphil · · Score: 2

    "Thereafter, the service sits there, quietly sending a random number to you at your specified interval, which you sign and send back as a "No secret orders yet" message. If you miss an update, it publishes that fact to an RSS feed."

    Yeah, *you* sign it. Because the NSA won't have access to your private key, suuuuure....

    --
    Also FatPhil on SoylentNews, id 863
  30. Are you a cop? Cause you have to tell me... by Anonymous Coward · · Score: 0

    Last I checked it is a myth that an undercover cop has to reveal his/her identity if asked. Is there any thinking here that couldn't equally be applied to making drug purchases?

    Let's say a drug dealer was caught by the cops selling drugs in which he always assured his clients he wasn't working with the police. Then he made a plea deal to work a sting on his clients. I'm pretty sure the cops would compel him to make the same, now inaccurate, assurance.

  31. What company in it's right mind by rsilvergun · · Score: 1

    would go around telling people that? After some thank yous from the /. community to fear and distrust it would cause would doom the company, and ticking off the feds wouldn't help either...

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  32. It's not that easy - by the_skywise · · Score: 1

    First off - Any company/individual that receives ANY warrant should be allowed to publish that fact. I think what's being searched might be reasonably kept secret but the government should never have the right to force you into an anal probe and then demand you keep it secret. That's just dictatorial BS and it needs to stop NOW.

    That being said - Let's say you implement the canary... Then the government just makes a small request of the site in a regular time period. Now it becomes an effective whipping tool to stop undesired behavior.

    The only way to win is to stop the government playing this game, which in the US it never had (and still doesn't have) the right to.

    1. Re:It's not that easy - by NormalVisual · · Score: 3, Informative

      I think what's being searched might be reasonably kept secret but the government should never have the right to force you into an anal probe

      They shouldn't have the right, but that doesn't mean they don't do it anyway.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
  33. Another implementation by irp · · Score: 1

    A company (I've forgotten which, think it was a "pre-cloud" storage solution) used this approach:
    Each day post a photo of the front page from a local newspaper, with the message that if said image was no longer updated, they had received a 'request'. The idea being that the government/law agency/whatever only have the legal means to make them STOP doing something, but are unable to force them to go through the trouble of uploading a new image each day. ... I remember wondering if there is some legal way to force a person/company to stop stopping...

    1. Re:Another implementation by ledow · · Score: 1

      They don't need to force a company to upload anything.

      They just require the company's co-operation to inform them of the correct process to reproduce what they would normally do, and access to their systems. Pretty much if you get to that point, you already have that.

      And, again, uploading an image of a newspaper isn't authentication that the message came from the people who set up the canary. Any agency could say "Okay, we require access to your systems to perform law enforcement tasks that you cannot be party to... now we scan in the newspaper and upload it ourselves... done."

    2. Re:Another implementation by wvmarle · · Score: 1

      It has to be done every day. When you get a warrant, I suppose you have an option to object. Even delaying by a day or two would be enough.

    3. Re:Another implementation by wvmarle · · Score: 1

      Would that be "put them in jail until they comply"?

      Oh, wait... might cause an issue here...

    4. Re:Another implementation by cold+fjord · · Score: 2

      404
      Website down for brief maintenance.
      Back up.
      Problem solved.

      --
      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
    5. Re:Another implementation by Anonymous Coward · · Score: 0

      NSLs are not a warrant and you do not get to object to them.

  34. adding crypto to meta tags by Anonymous Coward · · Score: 0

    think how your ssl does a cert to you but now you include this into the tag and it has a time stamp

    if you have an admin that can do testing between sites and users you can then find "anomalies"

    these oddities can then be publicized and let society push for "corrections"

  35. Subtle subversion won't work anymore. by Anonymous Coward · · Score: 1

    Nonsense. It's far too late to play subversive word games, America. Your secret judges will simply judge that any attempt to circumvent the gag order of a secret warrant, through action or inaction, will be illegal, and you will be forced to maintain any such canary. No matter what you try, they will attempt to coerce you to lie, to be complicit in their bullshit whether you want to or not.

    I need to make it clear what this means. You are being ordered by your government, to become secret informants to spy on your comrades, and you cannot tell anyone about it or it will be a crime and you will be arrested, maybe even (the fear is) disappear to somewhere like Guantanamo. You are scared of your government. You are being terrorised by them. This isn't the sign of a open, healthy, free society with a strong tradition of democracy. That is the sign of a fascist police state. Right now. It's already too late.

    And the rest of the world knows this, especially now. It has come to light. Everyone knows that no-one in your country, no person or corporation, can be trusted to have integrity while this system remains in place, unless you visibly fight for that integrity - stand up to it, absolutely and publicly refuse to cooperate, publish any such attempts - and, yes, be damned for it. The existence of these warrants is critically damaging to your national interests and reputation - far more dangerous than any bomb.

    Our integrity sells for so little, but it's all we really have. It is the very last inch of us, but within that inch, we are free. It is small and it is fragile, and it is the only thing in the world worth having. We must never lose it or give it away. People fought for years to keep it. We must never let them take it from us.

    Subtle resistance cannot fight this kind of terrorism. You have to stand in front of tanks, not knowing whether they will stop. You have to fight for your freedom, or they will take it away from you, and they will never give it back.

    If anyone ever tells you to backdoor your code, Slashdot, would you, as people, have the brass balls (metaphorically or otherwise) to tell them to fuck off? Are your ethics strong enough to refuse, even in the face of legal coercion? Are you at least as badass as LavaBit?

    You can come back to the global marketplace when, and only when, the answer is yes. Until then, very sorry, but we can no longer trust you, America, because you and everything you create could be made to lie, cheat and steal, and you'd be powerless to prevent it unless you dare to stand up to it. Don't like it? Dare to say no. And if you don't dare? Then that freedom your ancestors fought so hard for... you threw it away because of terror. Fucking grow a pair.

  36. Technical fixes temporarily work by TubeSteak · · Score: 4, Insightful

    like, what the flying fucktonmeister fuck? why do you think it would be exempt from the "don't tell the victim of surveillance" rules because it's a metatag?

    Because laws are rarely written to cover every variation that could possibly circumvent them.
    People regularly take advantage of this until legislation is written to patch the loopholes.

    There might be less wiggle room because "national security," but there is undoubtedly room to maneuver.
    And as TFA mentioned, the issue of government compelled speech is much thornier than government compelled silence.
    I'd love to see the Supreme Court argument on why the government can compel you to continue digitally signing a certificate that says the government is not spying on you (even when they really are).

    --
    [Fuck Beta]
    o0t!
    1. Re:Technical fixes temporarily work by Jane+Q.+Public · · Score: 2

      People regularly take advantage of this until legislation is written to patch the loopholes.

      There is no way for them to "patch" this "loophole", because the government has no authority to compel speech. At best (even in those cases where it is legal for them to do so), the best they can do is force you to shut up. They have no Constitutional authority to force speech from somebody. (Testimony in court, in some cases, but not public speech.)

      So it's exempt from the "don't tell" rule because it's not telling. A "kill switch" is not speaking. It's one thing to force someone to NOT say "we received an NSL". It's quite another thing to force somebody to tell the public "we have not received an NSL", especially if it is a lie.

    2. Re:Technical fixes temporarily work by Anonymous Coward · · Score: 0

      They have no Constitutional authority to force speech from somebody.

      Here's the obvious flaw in your argument. You naively believe that the US government is legitimate, and working within the bounds of its constitution, rather than the rogue state that it is.

    3. Re:Technical fixes temporarily work by Anonymous Coward · · Score: 0

      The law can trivially cover every mechanism by which you can divulge the existence of the warrant just by saying you are not allowed to divulge the existence of the warrant. The wiggle room is that if you do this secretly it could be a useful covert channel, but the minute you say "here is a published standard for divulging the existence of a secret warrant" you fail at basic common sense.

    4. Re:Technical fixes temporarily work by fa2k · · Score: 1

      The automation makes it somewhat dubious. There are technical systems where not saying something at the protocol level means saying something at the human level. I find it hard to come up with examples, but in certain reliable multicast-oriented protocols such as PGM, a NAK is sent for a missing packet, so when a NAK is not sent, the client is saying that all packets were received. (Not quite at the "user" level, but I'm sure there are better examples)

    5. Re:Technical fixes temporarily work by Anonymous Coward · · Score: 0

      You're betting that this government that has issued general warrants on the entire populous cares about first amendment violations that will never be allowed to see the light of day in a non-secret court?

    6. Re:Technical fixes temporarily work by Anonymous Coward · · Score: 0

      That will be fixed in short order. A new, secret interpretation of the law will be issued to cover the meaning to not only don't tell that you have received one but also to require that you say that you have not. A secret court ruling from the secret court that you are not allowed to be present in to challenge the charges being made will be forthcoming to say that this is all perfectly legal and constitutional.

      First Amendment? What first amendment? Look TERRORISTS!!!1!1!!

    7. Re:Technical fixes temporarily work by Anonymous Coward · · Score: 0

      1. Trial by Jury.
      2. When I tell the jury "The judge has disallowed the only valid defense." it will not look good for the prosecution.

    8. Re:Technical fixes temporarily work by Anonymous Coward · · Score: 0

      And as TFA mentioned, the issue of government compelled speech is much thornier than government compelled silence.

      Incorrect. Neither of these is any harder to understand than the other, because BOTH of them intrinsically involve unethical practice of law.

      Having contradictions in the legal system makes that system harder to understand than it needs to be, and thus creates an artificial demand for the services of legal professionals. The right to ethical practice of law being a fundamental right retained by and reserved to the people (9th and 10th Amendments), even the appearance of conflict of interest must be avoided whenever possible.

      The 1st Amendment clearly states "NO LAW" may be created infringing freedom of speech.

      Hence, the entire edifice that various legal professionals have created to the contrary, with all kinds of laws that coerce either speech or silence, is thus wholly illegal as a matter of ethical practice of law. All legal professionals are required to acknowledge this as a condition for engaging in the practice of law, by their oaths to uphold the Bill of Rights.

      By definition, rights retained by the people being retained by the people, no entity of government may take these rights away. For a Supreme Court to do so is a violation of the oaths the justices swear as a precondition for holding that office (and they too are in a position of ethical conflict of interest with respect to this issue, being legal professionals themselves).

      See the problem here? So long as the US legal profession makes a habit of ignoring their ethical obligations, we end up with messy situations where various entities in government can get away with routinely infringing fundamental rights. The fix, if one is possible short of revolution and starting over, is to hammer at legal ethics (or the lack thereof in the profession).

  37. Liability to false information. by Anonymous Coward · · Score: 0

    I believe it is supposed to work as the canary is present to mean "We have not been served a warrant."
    So as soon as they get a warrent they should stop updating that as they can then neither confirm nor deny the event.

    However, this relies on the process from getting the warrant to stopping the update to infact happen. What if they get the warrent then the process breaks and they do not clear the message. People still continue to use the site assuming there is no warrant, but one has been served and the process failed. This would make the company liable for claiming "we have not been served a warrant" when they in fact had.

    When a simple mistake can lead to large liability don't expect companies to do that. Smaller shops might be able to have confidence in the process. Larger ones are more likely to have the process broken and would have larger liability.

    1. Re:Liability to false information. by Anonymous Coward · · Score: 0

      When a simple mistake can lead to large liability don't expect companies to do that. Smaller shops might be able to have confidence in the process. Larger ones are more likely to have the process broken and would have larger liability.

      Then the government passes a law, retroactively, that says no company is liable for any false canary warrant statements. Same way they did with retroactive immunity for telcos in '06.

  38. Does this warrant a warrant warrant? by Anonymous Coward · · Score: 0

    Does this warrant a warrant warrant of a canary in a coal mine?

  39. Easy government workaround by swillden · · Score: 3, Insightful

    All the government has to do to make this useless is to regularly send a warrant request to every web property of any note.

    What's more interesting is the suit filed by several tech companies demanding permission to provide counts of National Security Letters and the number of accounts affected. Google has already negotiated permission to share this data as long as it's in ranges no smaller than 1000, which actually tells us most of what we want to know already (e.g. in 2012 Google received between 0 and 999 NSLs, affecting between 1000 and 1999 user accounts, which, assuming Google has about a billion users, means the NSLs have affected ~0.0001% of their user base), but exact numbers would be better.

    As another poster said, technological solutions to policy problems don't work, at least not well. We need to fix the law.

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  40. Better idea by Pichu0102 · · Score: 1

    For a website about security, have a warrant canary on every user's page when they login. If it disappears, well, there you go. In addition, add a counter that, for every FISA request you get, increments the counter by 2, afterwards which you add 1 to, to get, say "We have not received 255 FISA requests."

  41. Too big to fail by tepples · · Score: 1

    What would the United States do if employees of Google, Apple, Microsoft, or another too-big-to-fail tech company whose absence could cripple the economy decided to file into the county jail one by one?

    1. Re:Too big to fail by qbast · · Score: 1

      Which ones? Management or people doing actual work? In first case I guess congressmen have enough buddies who would just love to try their hands at managing company of google's size and importance. In second case... increase h1b quotas by 30000 and crisis averted. Companies may be too big to fail, but no one working for these companies is irreplaceable.

    2. Re:Too big to fail by Anonymous Coward · · Score: 0

      I am an employee of one of these companies, and I wouldn't go to jail, or even quit over wiretapping or anything like that. I might do it as a gesture of solidarity with my colleagues who went to jail over it, but I'd be cursing them for being idiots on the way there. In actuality, there'd be relatively few people who are THAT dedicated to your particular philosophy of freedom.

    3. Re:Too big to fail by Anonymous Coward · · Score: 0

      All the "too big to fails" already have a government monitoring at some level.

      Their management is also too smart to take this kind of risk, the owners (shareholders like me) would fire them.

    4. Re:Too big to fail by PhilHibbs · · Score: 1

      What would the United States do if employees of Google, Apple, Microsoft, or another too-big-to-fail tech company whose absence could cripple the economy decided to file into the county jail one by one?

      Not many of them would do so.

  42. The solution is simpler. by couchslug · · Score: 1

    Never, ever put anything in "cyberspace" you don't want the world to know. There is no "security", and any offer of that should logically be regarded as a trap.

    Stop wanting dumb things. If you never, ever, put compromising info in the control of someone else then it cannot be handed off under coercion because it doesn't exist to be handed off. This situation is no different than handing off a paper copy of (information) in the pre-internet days and expecting it to be proof against warrant or subpoena.

    --
    "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    1. Re:The solution is simpler. by ewieling · · Score: 1

      The only way for data to be safe from government or commercial invasion of privacy is make sure the data does not exist in the first place. Almost nobody will make the sacrifices required to make that happen, but everyone can reduce their digital footprint. Leave your cell phone powered off when you don't need it, purchase items at a physical store with cash when practical, stop using social media, and dozens of other things. I still have direct deposit, still pay my monthly bills online, and a number of other things because not doing so would provide little in additional privacy and cause significant hassle for me. Each person needs to find their own balance between convenience and privacy. I'm still finding the balance which is right for me.

      --
      I really shouldn't have used someone else's email address for this account.
    2. Re:The solution is simpler. by zippthorne · · Score: 1

      Do you realize the kind of life you have to live in order to "never, ever put compromising info in the control of someone else?"

      --
      Can you be Even More Awesome?!
    3. Re:The solution is simpler. by couchslug · · Score: 1

      It's easy. I post no speech which is illegal and do not have exploitable personal information of a political or sexual nature anywhere on the internet. My financial transactions by credit card are suitably protected.

      Were I to want to do anything subversive, my observable behaviors would be camouflage. The Illuminati are welcome to read this post. I've left no dots to connect. I'm not a subversive, but I do read history and note that there were plenty of those prior to the internet which suggests one doesn't need the internet to be one.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    4. Re:The solution is simpler. by Anonymous Coward · · Score: 0

      My great grandmother used to tell us, "Don't write anything down you don't want to see on the front page of the newspaper". If you have recorded something, whether on paper, a local pc, the cloud, whatever.. it is at risk.

  43. Won't work by jodido · · Score: 1

    Others have pointed out that the feds will just arrest you or the web site owner or whoever either under existing law or they'll pass a new one. This is an attempt to find a technical solution to a political problem and that will never work.

  44. Or or better yet by future+assassin · · Score: 1

    some people should grow balls and when enough high powered execs get arrested for violatiing the secret war against Americnas rights warrants by notifing the public that they received one, the power will go back to the people. Leave it long enough and there's no way back once you have no rights. At this rate seems for America "Papers Please Comrade" is just around the corner.

    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
  45. Can the government force you to lie? by unitron · · Score: 1

    What if on the main page of your site it says "We have not been served any secret warrants".

    Can they force you to leave that on your site?

    --

    I see even classic Slashdot is now pretty much unusable on dial up anymore.

    1. Re:Can the government force you to lie? by dkf · · Score: 1

      What if on the main page of your site it says "We have not been served any secret warrants".

      Can they force you to leave that on your site?

      In a word: yes. Assuming that the threat of getting jail time for going explicitly against a court order (whether that is a secret court or otherwise) can force you to do anything. Tipping people off when you've been explicitly told that you must not do so will carry serious consequences, and this has been the case for a long time; it's well-established in law (provided it's a proper court order). Whether those consequences are worth bearing so that you can maintain a particular moral position isn't a question I can answer for you.

      But the big problem is the use of secret courts and a security apparat that at least appears to be trying to make itself not answerable to anyone at all. Technology is not the way to fix such things. (Massively reducing the budget for spying is much more clearly part of a proper resolution, as it forces the spooks to focus on doing just the minimum necessary instead of watching everyone "just in case".)

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    2. Re:Can the government force you to lie? by unitron · · Score: 1

      If your company is represented by an attorney, can they forbid you from informing the attorney about receiving a secret warrent or consulting with said attorney about said warrant?

      What if the no warrant line only continues to appear on the website if it is made available by a third party contractually obligated to provide it each day only if assured of its veracity by said attorney?

      Can they force the attorney to lie to a third party?

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

  46. Contempt of Court by flyingfsck · · Score: 1

    Interference with an investigation, and so on. Judges are not stupid and can put you in jail forever and a day for the above. So, no, these tricks will not work.

    --
    Excuse me, but please get off my Pennisetum Clandestinum, eh!
  47. Loopholes? by uvajed_ekil · · Score: 1

    I love the idea of a canary/dead man's switch, just as much as I hate how our constitutional rights (in the USA) have really begun to disappear. But given the NSA's recent behavior, do you really think they are going to let anyone get around gag orders with a technicality? Once they ransack your servers and tell you to STFU or else, they aren't going to let you blow the whistle with a loophole, I'd bet. If they seize your servers and lock you out there would be nothing to stop them from changing the code and making it look like all is well.

    --
    This is a hacked account, for which the owner can not be held responsible.
    1. Re:Loopholes? by Anonymous Coward · · Score: 0

      Well, they can't actually force you to make it look like all is well. Provided you manage to destroy the private key used to sign the statements, of course.

      However, you might come up against all kinds of criminal charges in that scenario.

  48. Does this even work? by Arancaytar · · Score: 2

    Is there any source where an actual legal professional posits that removing a statement does not violate a gag order the same way that publishing one does? Let alone a case where a court decides that?

    It just seems like such a stupid and obvious loophole.

    1. Re:Does this even work? by Arancaytar · · Score: 2

      (And if that loophole doesn't work, here's a conundrum: What if you put up a statement that falsely claims you are under a gag order? If you get a warrant then, are you forced to remove it - which might signal people that it has become true - or forced to keep it up?)

  49. So *after* you load the page by msobkow · · Score: 1

    So after you load the page, you find out that it was flagged for tracking?

    Not exactly a lot of help now, is it?

    --
    I do not fail; I succeed at finding out what does not work.
    1. Re:So *after* you load the page by msobkow · · Score: 1

      Oh. I get it. A tag to indicate that the page was not intercepted by a man-in-the-middle attack.

      Kind of impossible considering the NSA, et. al. could just edit the content of the tag in transmission.

      --
      I do not fail; I succeed at finding out what does not work.
    2. Re:So *after* you load the page by shutdown+-p+now · · Score: 1

      It's not about that specific page. It's about knowing that a specific major provider of online services is being targeted - if it is, you may want to temporarily take your business elsewhere, or start using encryption etc.

      Even more broadly, it is about the public having a way to know about the scope of warrantless or secret warrant surveillance in the country, so that some meaningful political discourse may take place around whether it is too much or not.

  50. wrong approach by larry+bagina · · Score: 3, Insightful
    If your wife kept having sex with other men, would you buy her wifi-enabled panties that texted you every time she took them off?

    You're focusing on the wrong problem.

    --
    Do you even lift?

    These aren't the 'roids you're looking for.

  51. i think you have it backwards by rewindustry · · Score: 1

    it would seem, i think, that techology has been the primary solution for any number of political failures, and that the more connected we become, the more desperate and illegal become the attempts to "fix" the leaks politically. we don't close down services, we just move on, improving as we go. as has been said - the internet considers censorship an error, and routes around it. dunno why i'm talking to a f*ckwit though, wasting bandwidth.

  52. How stupid by nurb432 · · Score: 1

    No really, stupid idea, waste of time.

    --
    ---- Booth was a patriot ----
    1. Re:How stupid by Anonymous Coward · · Score: 0

      No really, stupid idea, waste of time.

      Much like reading your posts, along with that pathetic signature of yours:

      "I only know the half-truths, lies, and talking-points spoon-fed to me by authoritarian right-wing propagandists, so don't challenge me with facts and expect me to be able to defend what I've been told to believe."

      If your goal was to demonstrate that you're an ignorant fool by choice, then mission accomplished.

    2. Re:How stupid by garyebickford · · Score: 1

      Much like reading your posts, along with that pathetic signature of yours

      Actually the sig does have an arguable point. There is a substantial, and I would say, growing minority, mostly libertarians, who think that Lincoln was not the grand hero that we are taught in school. For starters, he suspended Habeus Corpus, despite believing he had no legal right to do so. It is apparent that he himself believed that the states had a right to secede. And various of his acts were the first step toward the diminution of the importance and sovereignty of the individual states, including instituting the first federal income tax. Others than myself could argue this point, I'm really not up on the details.

      I don't agree with that position. For myself, I feel that, like all humans, Lincoln had his good and bad aspects. I do regret that this was the period when the Northern banking and financial establishment essentially took control of the direction of the nation. While it was being misused at the time, the concept of States' Rights is an important one, that has been continuously whittled away until today when the Commerce Clause is used to basically get federal priority over everything including what crops I can grow or not grow (if I had a farm) and whether I wear a seatbelt and how fast I can drive.

      There is yet another point of view. I once read a book called "The Lincoln Conspiracy", which asserted that the assassination (originally planned as a kidnap and impeachment) was planned by a cabal lead by Edwin M. Stanton to prevent what they saw as overly liberal plans for the reconstruction period. This is probably closer to fiction than fact, but it was fascinating to read.

      --
      It's easier to be a result of the past, but more fun to be a cause of the future! http://www.spacefinancegroup.com/
  53. Legitimizing the illigitimate by WaffleMonster · · Score: 1

    Technically I might use RFC6797 as a template except rather than specifying max-age a next-canary parameter communicates frequency at which new canaries are to be expected. next-canary = 0 is invalid and must be ignored. (Once header is sent there are no take-backs) Benefit of this approach comes from leveraging existing browser infrastructure already in place for HSTS.

    While nobody can really be sure whether warrant canaries will get you into trouble or whether secret laws allow for you to be compelled to circumvent at least in the US I'm guessing interval at which they are posted and mechanics are somewhat relevant. Say in the case of a canary updated every second into an automated system sure to trigger automatic warnings to users in real-time v. annual new years blog entry post using different words each year to say "we didn't get any NSLs in the past year" whereas in a subsequent year message is subtly "We can't say whether we received any NSLs in the past year".

    The larger issue is every time you try to make living with the fruits of a corrupt system (e.g. secret courts spewing secret interpretation of law) more tolerable by treating the symptoms rather than the problem you only contribute to the problem... your energy could likely be put to better use contacting your representatives or otherwise working to build public consensus against government corruption that comes with secret courts and secret interpretation of law.

  54. What then of Apple and it's Canary by gkearney · · Score: 1

    One must assume that when Apple instituted it Canary that their lawyers thought the process through to some degree. Is Apple and other companies that have implemented such steps subjecting their management to legal peril?

  55. It needs to be subtle... by cpghost · · Score: 1
    ... and not some metatag whose absence or presence the authorities will detect.

    The question is: can it be done with cryptographic means? If you distributed your site to a select audience of subscribers by encrypting it with their public keys, there's a special canary distribution algorithm on top of this architecture that can't be detected by outsiders (outsiders as in: someone who doesn't have access to at least one private key of the subscribers). That algorithm is hardened by switching to a P2P infrastructure where an outsider is one that doesn't at least have N-M (M greater than 0, sometimes even down to 1!) private subscriber keys.

    --
    cpghost at Cordula's Web.
  56. How dare you! by Anonymous Coward · · Score: 0

    You insensitive clod! There are quite a lot of things you can only get in the USA:

    1 - 900 Trilliion in unpaid loans from other countries.
    2 - 15,000 gun murders per year in a single city.
    3 - The Kardashians, Westboros, etc. ...need I go on?!

  57. Possible variation by Anonymous Coward · · Score: 0

    You establish a relationship with a person outside US jurisdiction. If you fail to give that person a specific signal on a regular basis, that person will announce that your company has been compromised by agents of the US government. The signal could be innocuous, such as a friendly daily "how are you doing?" email. If you want to be more covert, make it a two-stage effort (you signal someone who signals someone else who makes the announcement). And absolutely positively do not tell anyone that you have this protocol set up.

  58. No such thing by Anonymous Coward · · Score: 0

    There is no such thing as a secret warrant. Agencies cannot issue their own warrant and there is no legal standing for any secret court. Such entities are a direct violation of the Constitution, and are invalid.

    By Affirmation of he oath of office, all judges, Law makers, Law Enforcers, and other government officials that have sworn such an oath, are all contractually obligated to Common Law under the U.S. Constitution; Uniform Commercial Code, and Torte law not withstanding.

    No citizen is obligated to follow any secret orders, or recognize any secret courts.

    If I ever get one, it will be published very loudly.

  59. Define compliance the correct way by NewToNix · · Score: 1

    So you have a heart beat going on that is continually saying "I have been served with a *letter*", when you are told you can not tell anyone you have been served such a letter/request/command from on high --you comply --by stopping the lie. Now everyone knows the truth.

    How does one get in trouble by compliance?

    What the judge is going to rule you had to continue to lie, after being told not to?

    This shit is damage, the net should route around it, the net is an artifact of the people that build their corner of it, so build a graceful failure into it --just good programing.

  60. Ignores reality by Anonymous Coward · · Score: 0

    This idea is easily circumvented by technical, albeit illegal, means... and the organisation you attempting to target has a long history of illegal behaviour.

  61. Legal trickery is the key by SplatMan_DK · · Score: 1

    Just look at Gitmo.

    You mean the POW camp that's hosting people captured on foreign battlefields? Is there a single person there of any nationality who was captured on American soil?

    No, no, no, you clearly don't understand.

    There are no Prisoners of War (POWs) at Gitmo. POWs have rights you know.

    No, Gitmo houses a number of illegal combatants which is an entirely different thing. And, as we all know, illegal combatants have no rights at all. Your president at the time said so himself (you know, the one who held his Presidency due to legal technicalities and a large team of lawyers in the first place).

    Clearly, creating a legal limbo is the solution to really serious problems in the US... with the possible exception of drowning people in drawn-out legal battles for years, as a last-minute exit strategy. The US authorities don't care much about the outcome anyway - it is the battle itself that matters.

    I'm not a fan of Gitmo and would like to see it shuttered sooner rather than later, but let's at least confine our discussions about it to reality. Reality: Nobody has been admitted in Gitmo in years, and none of those who were got sent there after being captured for crimes (real or alleged) on American soil.

    Ah, well, yes, that is what they want you to believe ...

    Jokes aside, I am sure current US "anti terrorism laws" provide the necessary options to transfer prisoners to Gitmo. After all, the only thing you need to do is classify such a person as an illegal combatant and all civil/human rights vaporize immediately. I am also pretty sure that ordinary citizens would know nothing about such transfers.

    And don't even get me started on the secret CIA prisons in foreign countries, and the endless flights they took prisoners on (because hey: "people in transit are not covered by any local laws, so we can screw then and torture them as we see fit, as long as they're on the move").

    I agree that the whole "police state" claim is a bit far-fetched, but as a US citizen you seriously have to wonder about the state of your ... well ... state. It seems more resources are spent bending (and in some cases breaking) the law, than actually following it.

    - Jesper

    --
    My security clearance is so high I have to kill myself if I remember I have it...
  62. Founders by intermodal · · Score: 1

    If the founders had foreseen this kind of abuse of position by the government, we'd have a constitution with specific language prohibiting these secret warrants and the secret courts that issued them.

    Then again, FWIW, the Founders went to war over levies much smaller than what we see today.

    --
    In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
  63. Technology development by PhilipLam · · Score: 1

    Today, with the development of world technology, the more people make things meet their needs more real life.

    --

    Welcome to the

  64. Later amendments win by tepples · · Score: 1

    The First Amendment was modified by the Fifth, Sixth, and Seventh, which concern a fair trial.

  65. Cotse by Anonymous Coward · · Score: 0

    I use cotse and noticed that they are posting this message on their notification page:

    Service Notices
    We have received no requests for any subscriber information this month.
    https://www.cotse.net/notices.html

  66. Re:Attempts to communicate receipt of secret order by RuffMasterD · · Score: 1

    Yes, but someone who has not received such an order is not subject to its rules, so presumably they can take whatever action or inaction they like until they do. Can someone break a rule they don't know they will be subject to in the future by saying they have not received an order yet up to that point? Once someone receives an order then they comply, but before then...

    If you flipped this around, you could lie to your customers by telling them you have received such an order when in fact you hadn't. Most people would interpret this as white noise knowing that no sane person who actually received an order would speak of it. Then when you do receive an order that expressly forbids you from telling anyone about it, you have to stop. This signals that something happened of course, which is forbidden, so the rules tie themselves in a knot.

    --
    Human Rights, Article 12: Freedom from Interference with Privacy, Family, Home and Correspondence