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FBI Director Continues His Campaign Against Encryption

apexcp writes Following the announcements that Apple and Google would make full disk encryption the default option on their smartphones, FBI director James Comey has made encryption a key issue of his tenure. His blitz continues today with a speech that says encryption will hurt public safety.

284 comments

  1. The Children! by Anonymous Coward · · Score: 5, Funny

    Please think of the children!

    1. Re:The Children! by Russ1642 · · Score: 5, Funny

      Pervert. Stop thinking of the children that way!

    2. Re:The Children! by Anonymous Coward · · Score: 3, Funny

      Stop thinking of the children, you pedophile!

    3. Re:The Children! by fahrbot-bot · · Score: 4, Insightful

      Please think of the children!

      Who are downloading things w/o paying for them! Seriously, isn't that all the FBI really cares about these days - protecting copyright holders?

      --
      It must have been something you assimilated. . . .
    4. Re:The Children! by Anonymous Coward · · Score: 0

      I'm thinking of Nancy Pelosi, thinking of the children ...

    5. Re:The Children! by Bodhammer · · Score: 3, Funny

      I have a little bit of throw up in my mouth now... thanks

      --
      "I say we take off, nuke the site from orbit. It's the only way to be sure."
    6. Re:The Children! by HughJazz · · Score: 0

      And If its not the children... its the catch all of terrorism. At the height of the cold war, faced with thousands of nuclear weapons, the government didn't peer into everyone snail mail. We used to condemn the communists for mass surveillance. Now the NSA and FBI are getting into game.. Someone needs to reacquaint the government with this little thing called the Constitution. Hopefully one of these days someone will organize a big march in Washington to shame the politicians and bureaucrats that have been supporting this sort of behavior.

    7. Re:The Children! by The+Ickle+Jones · · Score: 1

      Maybe we didn't do anything on this level, but we sure as hell did violate a number of people's rights when they were suspected of being communists. Plus, the NSA has been doing evil shit for decades, such as ECHOLON. We criticized our enemies, but the government liked to violate people's rights in secret.

    8. Re:The Children! by Anonymous Coward · · Score: 0

      My childrens' freedom outweighs your childrens' safety.

    9. Re:The Children! by davester666 · · Score: 1

      Great. Now you put the image of children in my head and I can't get them out.

      Quick, where's the drill?

      --
      Sleep your way to a whiter smile...date a dentist!
    10. Re:The Children! by Anonymous Coward · · Score: 0

      If the FBI says that encryption will hurt public safety, then they should stop using encryption. You know, lead by example.

    11. Re:The Children! by thieh · · Score: 1

      I wonder why the same argument does not apply to guns. Or at least not to those guys advocating lack of gun control.

    12. Re:The Children! by Anonymous Coward · · Score: 0

      . . . shame the politicians and bureaucrats that have been supporting this sort of behavior.

      Right, because it's possible for them to experience shame...

    13. Re: The Children! by CPUmonster · · Score: 1

      The job! Please think of Comey's job! Encryption will make it so much harder to obtain data (that should have a warrant to obtain in the first place) without a warrant!

  2. Public safety is not the issue by kruach+aum · · Score: 5, Insightful

    The issue is the balance between public safety and personal privacy. Denying the citizen of any democracy the right to encryption of their personal communication is not an appropriate response to the perceived threat to public safety that same encryption would bring.

    1. Re:Public safety is not the issue by grcumb · · Score: 5, Informative

      The issue is the balance between public safety and personal privacy. Denying the citizen of any democracy the right to encryption of their personal communication is not an appropriate response to the perceived threat to public safety that same encryption would bring.

      Quoth Schneier:

      ...there's no evidence that encryption hampers criminal investigations in any serious way. In 2013, encryption foiled the police nine times, up from four in 2012 -- and the investigations proceeded in some other way.

      There never is any reason to remove a citizen's right to privacy except to extend the power of the state. You can argue the reasons for and against this, but historically, we've always found that more respect for individual rights contributes significantly to better governance.

      --
      Crumb's Corollary: Never bring a knife to a bun fight.
    2. Re:Public safety is not the issue by dcollins117 · · Score: 4, Insightful

      The issue is the balance between public safety and personal privacy.

      The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches is not just a nice idea, it is codified by the founding fathers as a fundamental principle differentiating this country from others..

      The only "issue" is whether you agree with this principle, or not.

    3. Re:Public safety is not the issue by Anonymous Coward · · Score: 1

      He should practice what he preach, before becoming a preacher.

    4. Re:Public safety is not the issue by Anonymous Coward · · Score: 0

      > The issue is the balance between public safety and personal privacy.

      Forget that, the issue is the balance between public safety and personal safety. Encryption doesn't just protect us against the government, it protects us against anyone with criminal intent. And from there it should be pretty straightforward that strong personal safety helps to protect the public's safety because we are the public too.

    5. Re:Public safety is not the issue by Anonymous Coward · · Score: 0

      No, the issue is what the definition of 'unreasonable' is.

      I can comfortably agree with the principle in its entirety and disagree quite strongly with you on what is an unreasonable search.

      Oh, and I completely support whole disk encryption, FBI can get bent.

    6. Re:Public safety is not the issue by geekmux · · Score: 1

      The issue is the balance between public safety and personal privacy.

      The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches is not just a nice idea, it is codified by the founding fathers as a fundamental principle differentiating this country from others..

      The only "issue" is whether you agree with this principle, or not.

      Ah no, not quite. The only issue at stake here is watching our (s)elected lawmakers sworn to protect said "nice idea" who are not upholding that promise.

      I don't give a shit whether you agree or not. Judges likely don't agree with 100% of the laws they have to go by. They are there to uphold the Constitution. If you or they don't like it, that's what Amendments are for.

    7. Re:Public safety is not the issue by Anonymous Coward · · Score: 0

      No, the issue is what the definition of 'unreasonable' is.

      It depends on what your definition of the word "is" is. If by "is" you mean "is not" then I is not ain't having no sexual retaions with that woman.

    8. Re:Public safety is not the issue by towermac · · Score: 1

      Thank you.

      This whole experiment that is the USA is all about trading safety for liberty. King George said the same thing, and he was right, just like this FBI shrub is right. We simply don't care. I might rephrase that to say; we care, to a reasonable amount, but no more than that.

      And I like the thing about encryption foiling the police 9 times, and yet they still got their man, but it only counts as an argument to make the FBI shrub look like an idiot. One can't consider that when discussing the rights of man. After we decide what our rights should be, then we can have whatever policing that fits within that.

    9. Re:Public safety is not the issue by The+Ickle+Jones · · Score: 1

      I can comfortably agree with the principle in its entirety and disagree quite strongly with you on what is an unreasonable search.

      On many issues, it would be quite foolish to do so. See: NSA surveillance, TSA. Those are not reasonable by any stretch of the imagination; only those who hate liberty claim otherwise.

    10. Re:Public safety is not the issue by Gr8Apes · · Score: 1

      One can't consider that when discussing the rights of man. After we decide what our rights should be, then we can have whatever policing that fits within that.

      I'm pretty sure we already considered what the rights of man are, as we only gave limited powers to the federal government via this document, the Constitution. Regulating encryption is not in the list, therefore it is reserved for the state or us.

      --
      The cesspool just got a check and balance.
    11. Re:Public safety is not the issue by Anonymous Coward · · Score: 0

      No, the issue is the definition of "search." The question is whether when a "search" is reasonable, the "searcher" has a right to actually find things, and to have data recovered for them (through decryption), or if instead performing the job of searching and recovering data is actually their responsibility, and the limits of what they can find are defined by their own ability (to break codes).

      So depending on definition of "search," it is entirely possible for even a reasonable search to fail, if the searcher lacks ability, and that's fine.

    12. Re:Public safety is not the issue by Anonymous Coward · · Score: 0

      they just have to work a bit harder to support parallel construction, then. It makes searches based only on metadata and meta-analysis as circumspect and circumstantial as they are in reality, which is, should be used only to support a more specific warrant (this here subpoena says surrender your phone & passwords to us. Please.) Vs the current hook-or-by-crook they currently enjoy.

    13. Re:Public safety is not the issue by Anonymous Coward · · Score: 0

      And he doesn't agree therefore he need to be thrown the fuck out.

    14. Re:Public safety is not the issue by thieh · · Score: 1

      Given that the same guys are telling us that foreign entities are trying to steal our secrets, is it some sort of fuckup or is it to the point of treason?

    15. Re:Public safety is not the issue by ganjadude · · Score: 1

      unreasonable to me is very simple.

      unless im being watched for a credible reason, ANY search is unreasonable

      --
      have you seen my sig? there are many others like it but none that are the same
    16. Re:Public safety is not the issue by Anonymous Coward · · Score: 0

      No, the issue is what the definition of 'unreasonable' is.

      No it isn't. The definition is provided in the text of the Bill of Rights.

      If you want to search or seize property you need a warrant issued by a judge that specifies what you're looking for and where you are going to search to find it. You also have to present why you think you will find what you're looking for at that location and why you consider it relevant to the judge while under oath.

      Anything else is "unreasonable".

  3. Yeah right... by Agares · · Score: 3

    More like help protect us from the prying eyes of big brother.

    1. Re:Yeah right... by aralin · · Score: 1

      Why is this law breaking man still at large? Will nobody put this criminal behind bars where he belongs? Or are directors of tree letter agencies above the law?

      --
      If programs would be read like poetry, most programmers would be Vogons.
  4. when we can read your files, you can read ours. by swschrad · · Score: 5, Insightful

    just that simple, Director.

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
    1. Re:when we can read your files, you can read ours. by Anonymous Coward · · Score: 0

      also, if they don't want encryption why are they pushing encrypted land mobile radios in project-25

    2. Re:when we can read your files, you can read ours. by Anonymous Coward · · Score: 0

      With the numerous (someone)leaks I've already downloaded, its more like: I'll stop reading your emails when you stop reading mine.

  5. His argument boils down to: by mewsenews · · Score: 5, Insightful

    You don't deserve privacy because criminals don't deserve privacy.

    1. Re:His argument boils down to: by roman_mir · · Score: 2

      Comey will speak about how crimes like kidnappings and robberies will go unsolved due to encryption, a senior F.B.I official said, a sharp follow up to his remarks that encryption places users âoebeyond the law.â

      - encryption does not place users beyond the law, Comey likes to have FBI that is beyond the law.

    2. Re:His argument boils down to: by Anonymous Coward · · Score: 1

      Didn't you hear? Everyone is a terrorist and a criminal and we can't have rights if some people take advantage of them. Everyone everywhere must always respect those rights if we are to be given rights.

    3. Re:His argument boils down to: by Anonymous Coward · · Score: 2, Informative

      You aren't given rights. You are born with them. A government "giving" you a right is actually them ceasing to stop you from enjoying whatever right is in question.

      Of course, we could always get back to basics and go with Might makes Right, because honestly, at the end of the day, it does. If those who disagree are no longer voicing opposition, then you have effectively won. This is doubly so when it comes to other people forcing their will onto others with violence.

      Just saying something is not right doesn't really mean squat unless you are willing to back up your words and intervene.

    4. Re:His argument boils down to: by BoRegardless · · Score: 1

      Your "effects" are what give your work value and that you build up over time, if you are a professional.

      If you are a consultant and can't protect your 'effects', meaning your customer lists, fee schedules, solutions and such, then someone will likely get it and use it for free, or start taking your customers away.

      The FBI director needs to take a new line of work. As a lawyer, by the way, he needs to protect his "effects" or his clients could sue him for allowing their information to become public.

    5. Re:His argument boils down to: by Anonymous Coward · · Score: 0

      And he doesn't deserve to be Director of the FBI!

    6. Re:His argument boils down to: by Anonymous Coward · · Score: 0

      He is secretly an agent of a Chinese IP-theft gang. Encrypted business secrets are so much harder to steal!

  6. I don't trust it by Russ1642 · · Score: 4, Interesting

    Anyone wanna bet that they have no trouble breaking this encryption, or they have secret backdoors? This is just a big advertising campaign to get people to think they can't break it.

    1. Re:I don't trust it by Anonymous Coward · · Score: 0

      No, that's what they want you to think!

    2. Re:I don't trust it by Anonymous Coward · · Score: 0

      I've argued with this people about this before:

      If you don't have a shred of proof, your theory is simply unfettered conspiracy.

      But I digress, you might be right.

    3. Re:I don't trust it by Russ1642 · · Score: 1

      But it's so simple. All I have to do is divine from what I know of the FBI: are they the sort that would put their cracking abilities in the open or keep them for themselves? A clever administration would hide their secret abilities, but they know that we're not fools so clearly they would rather lie and say they could crack our encryption when clearly they can't...

    4. Re:I don't trust it by BitterOak · · Score: 3, Interesting

      Exactly. If they really couldn't break it, the last thing the FBI director would be telling the public is "Hey, here's a device that criminals could use and completely cover their tracks!" By persuading the public that these phones provide an impenetrable wall that law enforcement can't get past, they are hoping criminals will feel comfortable recording their secret activities on their phones. This could provide a treasure trove of information and evidence for law enforcement.

      No matter how strong the encryption algorithms are themselves, there's nothing to stop the FBI from planting a malicious app (a keylogger for instance). They could even serve Apple with a warrant to require them to install this app as a software update. And there's nothing to stop them from serving a warrant to the user of the phone him or herself requiring them to unlock the device. And, of course, there's always the possibility of exploiting vulnerabilities in the OS or some poorly written app. It's hard to believe that the iOS operating system has perfect security.

      So it seems pretty clear that this publicity campaign is really all about creating a false sense of security. Think about it: if the FBI were really concerned, they'd be having quiet discussions with Apple, not shouting their concerns to the public. Is anyone not going to buy the device because the encryption is to strong for the FBI's taste? So what would the purpose of this publicity campaign be?

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    5. Re:I don't trust it by Anonymous Coward · · Score: 0

      But it's so simple. All I have to do is divine from what I know of the FBI: are they the sort that would put their cracking abilities in the open or keep them for themselves? A clever administration would hide their secret abilities, but they know that we're not fools so clearly they would rather lie and say they could crack our encryption when clearly they can't...

      So you've made your choice, then?

    6. Re:I don't trust it by brunes69 · · Score: 3, Insightful

      No matter how strong the encryption algorithms are themselves, there's nothing to stop the FBI from planting a malicious app (a keylogger for instance). They could even serve Apple with a warrant to require them to install this app as a software update.

      Umm... you need to learn how warrants work.

      This comment got modded to 3???

    7. Re:I don't trust it by Russ1642 · · Score: 2, Funny

      Not remotely. Because the iPhone is from America, as everyone knows, and America is entirely peopled with criminals, and criminals are used to having people not trust them, as you are not trusted by me, so I can clearly not choose the iPhone encryption.

      Truly, you have a dizzying intellect.

      Wait till I get going! Now, where was I?

    8. Re:I don't trust it by fisted · · Score: 1

      Umm... you need to learn how warrants work.

      Does he need to learn how warrants work?
      Or do you need to be reminded of the status quo?

      *adjusts tinfoil hat*

    9. Re:I don't trust it by Anonymous Coward · · Score: 1

      And there's nothing to stop them from serving a warrant to the user of the phone him or herself requiring them to unlock the device.

      There might be.

      I hold in my hand, a physical, paper notebook. Inside, is written what looks like gibberish. In reality, it was written using a language you cannot read. Can the FBI get a warrant that forces me to translate the notebook for them? If they cannot, then that is what stops them from doing the same thing with a notebook made out of silicon, and written to using... however flash memory is written to.

    10. Re:I don't trust it by Anonymous Coward · · Score: 0

      Anyone wanna bet that they have no trouble breaking this encryption, or they have secret backdoors? This is just a big advertising campaign to get people to think they can't break it.

      Whether they can break it today is irrelevant. Technology marches on and even if it is moot today, there are no guarantees that it will be moot tomorrow. And that is what the FBI is after, they want congress to make some form of key escrow mandatory going forward. They got shot down with the clipper chip back in the 90s, but they are right back at it again. This PR blitz isn't for hapless criminals, it is for members of congress.

    11. Re:I don't trust it by Anonymous Coward · · Score: 2, Insightful

      So it seems pretty clear that this publicity campaign is really all about creating a false sense of security. Think about it: if the FBI were really concerned, they'd be having quiet discussions with Apple, not shouting their concerns to the public. Is anyone not going to buy the device because the encryption is to strong for the FBI's taste? So what would the purpose of this publicity campaign be?

      The purpose of this is to lobby Congress to make it illegal for Apple, Google, or any open source project to supply users with strong cryptography.

      It's the same argument that was trotted out during Round I of the Crypto Wars (and the Clipper Chip), where the "compromise" was CALEA, which made it illegal for telephone companies to provide secure communications to their subscribers.

      Enough time has passed (and enough people have forgotten that the Clipper Chip was sufficiently flawed - beyond the defective-by-design key escrow scheme, I mean - that it would have been thoroughly broken a decade ago), that he thinks he can refight the Crypto Wars and win.

      He might even be right about that. Let's prove him wrong. Call or write your Congressman. If your Congressman leans liberal, make it clear that Americans have the right to secure their digital effects. If your Congressman leans conservative, make it clear that American businesses cannot compete with foreign service providers if they are hobbled by burdensome government regulations such as those that would require the building-in of backdoors into American products and services.

      Strong crypto secures the rights of American citizens and improves the competitiveness of American busineses. The costs of Director Comey's proposed solution greatly exceed any purported benefits.

    12. Re:I don't trust it by Anonymous Coward · · Score: 0

      This is actually settled law. They can not force you to translate the notebook but they can force you turn over your codebook if you have one.
      If you have the codebook memorized well then there is little they can do.

      Except they can force you to provide the password for the App that is doing the encryption. You can argue you forgot it but judges tend not to believe that.

      No I don't have the citation for this but it was just on slashdot a few weeks ago where a judge ordered someone to give up their password and rule it was not a violation of their fifth amendment rights.

    13. Re:I don't trust it by Anonymous Coward · · Score: 0

      Re: "Think about it..."

      I AM thinking about it but probably not in the way you intended. Mainly I'm thinking that you are an idiot.

      You have completely missed what is going on here. Despite recent actions abusive to citizen's privacy not to mention the constitution, the US is still a democracy. The FBI wants to create a majority opinion that security matters more than privacy. In short they want their job to be easier by loosening the restrictions imposed by due process. Stated another way, they need the permission of the body politic to operate freely, spying and disregarding quaint notions such as private property, judicial oversight, and probable cause.

      All those "Nothing to stop" scenarios you threw out there are irrrelevant. They are more work and the FBI doesn't want more work. Due process is more work and they don't want that! So why on Earth would they "discuss with Apple" or "plant a malicious app" or anything else? They aren't doing that now. This is all about the FBI seeking permission to continue operating in a laissez faire business model.

      And anyone who dares contradict the good Director will be painted as a 'Terrist, sympathizer, fool or criminal.

    14. Re:I don't trust it by Anonymous Coward · · Score: 0

      Anyone wanna bet that they have no trouble breaking this encryption, or they have secret backdoors? This is just a big advertising campaign to get people to think they can't break it.

      Let's put this another way for the ones still in doubt. Do you honestly think any American company would be allowed to continue to operate a business without those back doors?

      The tiny slice of NSLs and backroom agreements we know about today are merely the tip of the corrupt iceberg.

    15. Re:I don't trust it by geekmux · · Score: 1

      No matter how strong the encryption algorithms are themselves, there's nothing to stop the FBI from planting a malicious app (a keylogger for instance). They could even serve Apple with a warrant to require them to install this app as a software update.

      Umm... you need to learn how warrants work.

      This comment got modded to 3???

      Perhaps you need to learn how NSLs work.

      Then get back to me as to how the fuck you'll even know about it.

      "They" don't come knocking on you front door anymore to search your effects. They just crack your cell phone in half from 1,000 miles away with nothing more than a hint of terrorism splashed on you from 2-3 degrees of separation.

    16. Re:I don't trust it by BitterOak · · Score: 1

      All those "Nothing to stop" scenarios you threw out there are irrrelevant. They are more work and the FBI doesn't want more work. Due process is more work and they don't want that! So why on Earth would they "discuss with Apple" or "plant a malicious app" or anything else?

      But if that's the case, then the current speeches by the FBI director are counterproductive to those aims. The only people who would choose not to buy an iPhone as a result of his comments are honest people. If anything, his speeches would encourage criminals to buy iPhones. Surely that can't be what the FBI wants, if it really is as hard to get at their data as he claims.

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    17. Re:I don't trust it by brunes69 · · Score: 1

      Couple of things

      a) A national security letter is not a "warrant". It is not even close to the same thing

      b) Even a national security letter can't be used to tell Apple or anyone else to install some kind of backdoor on a device. The most a national security letter could do is authorize a wiretap on the device and all it's communication flows inbound and outbound. This is not even close to the same thing. An NSL can be sent to Apple telling it to give the FBI all information it has. If Apple does not have any information, that is the end of the scope of an NSL.

    18. Re:I don't trust it by brunes69 · · Score: 1

      The thing people seem to forget is the Apple is a corperation and thus cares about profit over all else.

      If the government asks Apple to do something outside it's legal bounds, that will cost Apple a lot of money, Apple will tell the government to F off. They won't just bend over and spend hundreds of millions of dollars installing backdoors on phones because the FBI asked nice.

      This is the main reason Microsoft, Apple, and Google fight NSLs so much and it is the hidden motive behind recent moves to always-on encryption - it will be a huge cost saver to them.

    19. Re:I don't trust it by tqk · · Score: 1

      Just one more ...

      Lots of companies have bent over backward to help the authorities, no questions asked. They like to be seen to be supportive of law enforcement, since who doesn't? Twitter fights back. Does Apple, Intel, or Google?

      --
      "Tongue tied and twisted, just an Earth bound misfit ..." -- Pink Floyd.
    20. Re:I don't trust it by SethJohnson · · Score: 1

      An NSL can be sent to Apple telling it to give the FBI all information it has.

      Brune,

      Pump the brakes, son. The words you have written here strongly indicate an irresponsible underestimation of the power wielded by National Security Letters. Go ask the ex-owner of Lavabit if he agrees with you that there are limitations on how National Security Letters may be applied to corporations.

    21. Re:I don't trust it by Anonymous Coward · · Score: 0

      Elcomsoft Software comes to mind.
      http://www.elcomsoft.com/products.html

      This is who the police buy their forensic software from.

    22. Re:I don't trust it by Anonymous Coward · · Score: 0

      Not even remotely!
      You have fallen the the second greatest military blunder. The first, of course, is never start a land war in Asia. But only slightly less is never take on the FBI when death is on the line!

    23. Re:I don't trust it by geekmux · · Score: 1

      Couple of things

      a) A national security letter is not a "warrant". It is not even close to the same thing

      b) Even a national security letter can't be used to tell Apple or anyone else to install some kind of backdoor on a device. The most a national security letter could do is authorize a wiretap on the device and all it's communication flows inbound and outbound. This is not even close to the same thing. An NSL can be sent to Apple telling it to give the FBI all information it has. If Apple does not have any information, that is the end of the scope of an NSL.

      It's funny how you want to sit here and paint succinct lines around definitions, all the while your new updates to your smart phone make it a sieve.

      I guess you've never heard of iCloud before. Or any other service that pretty much syncs every fucking thing from your phone to corporate cloud land somewhere, you know because so many consumers got pissed when they were losing data due to smartphones dying or getting stolen.

      And yet again, when the NSL comes marching in, you have no idea just how much of that cloud data or the rest of the "inbound and outbound" flows will contain about you.

      Stop thinking a smartphone needs a backdoor ON the damn device to get 80% of what you need on someone. Put simply, it doesn't.

    24. Re:I don't trust it by AmiMoJo · · Score: 1

      It would be hard for them to keep the fact that they can crack iPhone encryption secret though. They couldn't admit that they decrypted the phone in court, so they would have to try for parallel construction or something. That hasn't worked too well for them so far, e.g. in the Silk Road case where it's quickly becoming obvious what they did.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    25. Re:I don't trust it by Anonymous Coward · · Score: 0

      This is actually settled law.

      Prove it, provide a citation.

      And there have been several stories on slashdot about judges ruling the exact opposite, that the accused is not required to give up their password.

    26. Re:I don't trust it by Anonymous Coward · · Score: 0

      You've been watching too much X-Files.

      The Government isn't that on the ball.

      The problem here is that it's really hard to break encryption. So the best way to get at encrypted data is to attack the people who can decrypt it trivially (the ones with the keys).

      The FBI is upset because for a long time they could juts call up the owner of the infrasucture these systems depend on and they their permission to see the data sent via these devices (or failing that get a warrant compelling them to allow the search). Since those infrastructure providers could decrepit the data a warrant compelling them to do so was an effective means of getting what the FBI wanted. Now mostly as a response to that happening newer systems are designed such that the data retrieved this way will be expensive to use (it's encrypted and the people maintaining the infrastructure don't have the ability to decrepit it so a warrant gains the FBI nothing).

      What's happening is the FBI increasingly has to track down the individuals on one side or the other of the conversation they're interested in to find out what was said. That takes more work, and offers more opportunity for a suspect to become aware of the investigation. Once they have a warrant to search your phone for say: bank records, and have seized your phone they will get the data if it's there and they care about it enough. The problem is doing all that is more work than walking into Apple's data center flashing a badge and handing over a warrant and a flash drive to put the data on.

    27. Re:I don't trust it by Anonymous Coward · · Score: 0

      Re: "The only people who would choose not to buy an iPhone as a result of his comments are honest people."

      Uh, what? Seriously, huh?? Not only does the average phone buyer not base their decision upon the FBI Director's comments, they don't even base it upon security. In the entire IT field this is just a subset of the problem that people (in the main, this is a generalization you understand) do not buy based upon security. They buy based upon features. That's why security is so repeatedly and pervasively neglected in product offerings (again, a generalization and one that applies much more to consumer products and less so to corporate product lines).

      The FBI Director therefore knows that he can say these kinds of things without seriously changing most people's behaviours.

      The FBI does have a point though, and so do you. In fact it's well-known that criminals like systems like the BlackBerry which really does have good security and it's always turned on. None of this "optional security, you have to turn it on or else it's off by default" stuff.

      The problem is that this does not mean that the BlackBerry is a disreputable device from a shady corporation. The fact that some criminals are smart enough to encrypt their communications is a side story; a great many criminals (the majority perhaps?) are really stupid. And on the offering side, only a tiny part of the BB customer base are criminals seeking anonymity.

      Ultimately there are tradeoffs to be made between privacy and security. There are also tradeoffs to be made between individual liberties and societal restrictions.

      My position is that, as an FBI Director, Mr. Comey is biased. He leans strongly towards the "less personal liberty and more security" position. That's fine too, it's an appropriate professional bias. It does not mean however that his opinion should be the one that prevails. In fact the US Constitution is a pretty good guide to the dividing line between the personal and the societal. Mr. Comey wishes that the Constitution would get out of his agency's way. That's a limited and parochial position.

      In fact since 9-11 it has been extremely rare for the head of any Three Letter Agency to even acknowlege that due process exists.

    28. Re:I don't trust it by DeputySpade · · Score: 1

      This little sub-thread is so full of winning. This is the second time in the same story I've wished for mod points. I'll have to just give you a laurel, and hearty handshake instead.

      --


      This space intentionally left blank
    29. Re:I don't trust it by amxcoder · · Score: 1

      Is this just like when ATT, Microsoft, Apple, and Google all collectively bent over and let them have unfettered access to all their data when the NSA came to them and said "All your data are belong to us!" ?

      See, I don't think it works like that, cause I'm sure that giving all that data away to the NSA costs these companies "something", even it's only customer trust, however their probably is an economical aspect of cost to them as well.

      The reason they comply, is because it is them "returning the favor" for the deals they asked congress for in order to .

  7. And he is, probably, right by mi · · Score: 4, Insightful

    His blitz continues today with a speech that says encryption will hurt public safety.

    I suspect, he is right — it will hurt public safety.

    But it will improve individual privacy and America has always valued the cantankerous Individual above the glorious Collective, that other cultures prefer...

    --
    In Soviet Washington the swamp drains you.
    1. Re:And he is, probably, right by CohibaVancouver · · Score: 3, Insightful

      America has always valued the cantankerous Individual above the glorious Collective, that other cultures prefer...

      Not sure if you're being sarcastic or not...

      "America" demands the nanny-state, be it the TSA groping grannies for 10 years, the militarization your police...on and on.

      None of the Glorious Collectives behave like Boston did after the Marathon bombings... HIDE IN YOUR HOUSE AND TREMBLE IN FEAR.

    2. Re:And he is, probably, right by Anonymous Coward · · Score: 1

      I suspect, he is right — it will hurt public safety.

      But it will improve individual privacy and America has always valued the cantankerous Individual above the glorious Collective, that other cultures prefer...

      Why can't we get the NRA to defend the right of private citizens to use encryption? After all, cryptography is munitions.

    3. Re:And he is, probably, right by Anonymous Coward · · Score: 0

      "America" demands the nanny-state, be it the TSA groping grannies for 10 years, the militarization your police...on and on.

      'scuse me? Could you define "America" then? The people certainly never requested any of that. The government just did it all on its own. And no, voting for one of two assholes who voted for it does not mean it was sanctioned by the people.

    4. Re:And he is, probably, right by Anonymous Coward · · Score: 0

      Setting aside the "other cultures" slam... Do you honestly believe it's a win?

      Do you believe that by insisting laws upon the US populace that demand weaker encryption the net level of crime succeeded at by criminals due to strong encryption will decrease in a fashion proportionate to the increase in crime stemming from different crimanals and the FBI exploiting the weakened security?

    5. Re:And he is, probably, right by The+Ickle+Jones · · Score: 1

      Are you kidding me? I see countless 'normal' people who have no issues whatsoever with the government violating our constitutional rights in such ways.

      And no, voting for one of two assholes who voted for it does not mean it was sanctioned by the people.

      Maybe not outright approval, but at the very least, it does mean you're an apathetic fool. Voting for evil scumbags means you're an idiot.

    6. Re:And he is, probably, right by Sperbels · · Score: 1

      Voting for evil scumbags means you're an idiot

      But if all the candidates are evil, that means the only non-idiotic (smart) thing to do is: don't vote.

    7. Re:And he is, probably, right by The+Ickle+Jones · · Score: 1

      Or try voting for third party candidates, who have yet to prove themselves to be evil (since they haven't won). At the very least, it'll send a message to The One Party.

    8. Re:And he is, probably, right by CanHasDIY · · Score: 1

      Voting for evil scumbags means you're an idiot

      But if all the candidates are evil, that means the only non-idiotic (smart) thing to do is: don't vote.

      No, no, it just means that putting Mickey Mouse or Hitler down as a write-in candidate is actually a much smarter joke than we thought it was.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    9. Re:And he is, probably, right by hey! · · Score: 3

      and America has always valued the cantankerous Individual above the glorious Collective, that other cultures prefer...

      When I was in college I took several courses from the famous scholar of Japanese literature, Howard Hibbet. In one of the classes there was student who liked to talk about Japanese culture's "Samurai values". The professor listened politely to this student, until one day he said somethign that has stuck with me for thirty years: "You should be careful about uncritically accepting the way a culture likes to present itself."

      I have found this to be very true, even of corporate cultures.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    10. Re:And he is, probably, right by Anonymous Coward · · Score: 0

      Interesting election campaign. "Vote for Hitler: the lesser evil"

    11. Re:And he is, probably, right by mi · · Score: 1

      You should be careful about uncritically accepting the way a culture likes to present itself

      That's the point. We like to present ourselves as Individuals — and that's why concerns for personal privacy ought to trump those of collective safety, however valid the latter might be.

      That we don't always act the way — a significant part of the population thinks, they can force others to be as (and even more) charitable as they are, for example — but that's of no account. Not in this conversation...

      --
      In Soviet Washington the swamp drains you.
    12. Re:And he is, probably, right by artg · · Score: 2

      If public safety is his concern, there are many more dangerous things than terrorism :
      americans-are-as-likely-to-be-killed-by-their-own-furniture-as-by-terrorism
      us-police-murdered-5000-innocent-civilians-since-911
      more-killed-by-toddlers-than-terrorists-in-us
      Dead right you should think of the children. They're dangerous.

    13. Re:And he is, probably, right by mi · · Score: 1

      Why would you bring terrorism into this? I made no mention of it... FBI's ability to decrypt private electronics would make it easier for them to prosecute all sorts of criminals — from terrorists to corrupt policemen. At the expense of privacy of the rest of us, of course.

      --
      In Soviet Washington the swamp drains you.
    14. Re:And he is, probably, right by CohibaVancouver · · Score: 1

      The people certainly never requested any of that.

      Sure they did. They demanded a warm security blanket be wrapped around them at all times, in exchange for loss of privacy and liberty. No one protested at the state and federal legislatures. No one (other than the Tea Party) dominated primaries to ensure that people that supported beliefs of freedom received party nominations... and on and on.

    15. Re:And he is, probably, right by Just+Some+Guy · · Score: 1

      I suspect, he is right — it will hurt public safety.

      I don't think Apple or Google making phone encryption suck so criminals can find and abuse the law enforcement backdoor would improve public safety.

      --
      Dewey, what part of this looks like authorities should be involved?
    16. Re:And he is, probably, right by TsuruchiBrian · · Score: 1

      You can still write in names.

    17. Re:And he is, probably, right by tqk · · Score: 1

      Because they're just a lobbying group out to help gun mfgr's sell guns.

      --
      "Tongue tied and twisted, just an Earth bound misfit ..." -- Pink Floyd.
    18. Re:And he is, probably, right by Anonymous Coward · · Score: 0

      What Marathon 'bombings'? There were none, it was a blatant false flag attack.

    19. Re:And he is, probably, right by RabidReindeer · · Score: 1

      behave like Boston did after the Marathon bombings... HIDE IN YOUR HOUSE AND TREMBLE IN FEAR.

      Because having the streets awash in people while a manhunt is in progress does what?

      Sometimes one's place in the militia is out of the way of the people trained to do the hunting. Stay home so the fugitive(s) stand out. Fondle your gun collection if you like instead of trembling. Hell, if the bad guy attempts to break in, shoot him. Just don't muddy the waters. If you feel that staying out of the picture is too cowardly, get trained and deputized.

    20. Re:And he is, probably, right by mi · · Score: 1

      I don't think Apple or Google making phone encryption suck so criminals can find and abuse the law enforcement backdoor would improve public safety.

      If it were to suck so badly, yes. But it does not have to...

      That said, the paranoid cynic in me suspects, it is — and will be — recoverable already. And the government simply wants us to believe otherwise...

      --
      In Soviet Washington the swamp drains you.
  8. Make a case... by msauve · · Score: 5, Interesting

    It would help his position if the FBI were to go after Federal agencies (e.g. the NSA) for their illegal violation of citizen's privacy rights, and make it perfectly clear that the only searches of cell phones the FBI is interested in would be supported by probable cause and warrants from legitimate courts.

    But I somehow think his reasoning is more on par with "we don't like people protecting their rights, because it makes it harder for us to violate them."

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
    1. Re:Make a case... by The+Ickle+Jones · · Score: 1

      It would help his position if the FBI were to go after Federal agencies (e.g. the NSA) for their illegal violation of citizen's privacy rights, and make it perfectly clear that the only searches of cell phones the FBI is interested in would be supported by probable cause and warrants from legitimate courts.

      That wouldn't help his case, because his position is fundamentally ridiculous. Even if the FBI of today did that, it would eventually become corrupt (it is corrupt now, but that's just if it weren't). Furthermore, I think it's a good thing to make their jobs difficult, warrant or no warrant. Then they have to be more select about who they oppress.

  9. Is the FBI willing to give up their encryption? by gurps_npc · · Score: 1
    Because if encryption is bad, then they should give it up, right?

    Unless, they think they deserve privacy but don't want to give it to other people.

    What about reporters investigating corruption among FBI? Will they be allowed encryption? Will the reporter have to admit they are investigating FBI, or will all reporters be allowed encryption?

    --
    excitingthingstodo.blogspot.com
  10. goes two ways by supernova87a · · Score: 1

    When the people and organizations in government demonstrate trustworthiness, we will trust them to keep the keys.

    1. Re:goes two ways by DeputySpade · · Score: 1

      No. No we won't.

      --


      This space intentionally left blank
  11. The FBI hurts public safety by Rosco+P.+Coltrane · · Score: 4, Insightful

    Choice #1: my smartphone isn't encrypted, the FBI "protects" my safety

    Choice #2: my smartphone is encrypted, the FBI can't get to my data.

    I choose #2 thank you very much.

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
  12. Dr. Evil - the next head of the FBI by DigitalSorceress · · Score: 1

    ~pinky to lips~
    every time you encrypt a file, I will kill a kitten~

    Muwhaa haha hahaaaaaaa!!!

    --

    The Digital Sorceress
    1. Re:Dr. Evil - the next head of the FBI by Anonymous Coward · · Score: 0

      Have it your way, Dr. Evil.

      Just gimme a moment to set up a batch encryption for all my drives.

  13. Everything will be free and open then? by Anonymous Coward · · Score: 0

    No more hacking, nothing to hide, everything is free, no more locks on any sort of data, what an epic success!

  14. Dont want encryption do you fbi? by Anonymous Coward · · Score: 0

    perhaps we need ot remind the fbi of the 2001 hack that had a famous mug sold with the exploit code on it ...930 mugs later it didnt get taken down ...it had hte cafepress image turned

    LOL

    that is your future if you do not encrypt

    waves

  15. Hurts public safety. by neghvar1 · · Score: 1

    no more encrypted data streams. Watch identity theft skyrocket. Man in the middle attacks intercepting cleartext transactions and account info of every kind. Destroying everyone's livelihood. How is that public safety?

    1. Re:Hurts public safety. by Anonymous Coward · · Score: 0

      Without encryption WiFi will become useless (and mobile phones) even wired LANs will be open to classic sniffing of passwords (imagine schools and workplaces...), VPNs will be useless, the cloud will simply vanish and we are back to sneakernet for transfering pretty much anything.

      Yeah, whe the FBI does all their networking in plaintext, I will consider if it is a good solution...

  16. Criminals already use encryption by MobyDisk · · Score: 1

    Don't criminals already use encryption? Am I supposed to, out of pure love for the government, not encrypt my devices so that if I ever become a criminal the FBI can more easily find me? Wouldn't that just make me a more likely target for crimials? Or perhaps the FBI is suggesting that companies should not provide encryption by default, causing customers will choose a competitor's product instead? This is silly: the only reason to start this campaign is if the end goal is to convince legislators to make encryption illegal.

    1. Re:Criminals already use encryption by geekoid · · Score: 1

      You wold have ea point if the headline was even close to correct.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  17. And remember folks... by MikeRT · · Score: 1

    This is the same imbecile that told Congress that Americans who are known to have fought for ISIS cannot be immediately arrested or denied entry--they'll just be "closely monitored"--cuz they're US citizens with valid passports.

    1. Re:And remember folks... by PRMan · · Score: 1

      And considering how bad the information from the battlefield is on who is "known" to have fought for ISIS, he's probably in the right.

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
  18. As Americans should all know... by david_morgan · · Score: 1

    As we Americans all know, if you have nothing to hide you have nothing to fear. So come now, you know you don't have to worry about your "elected officials" and they're appointees doing bad things. I mean after all why would you want to impede them in anyway at all?

    Though on second though, you know what? I'm just going to keep on encrypting my phones, hard drives, anything I can. Partly because of this, and partly because you know... I might somehow lose them, and not want anyone to access _my_ data.

    --



    if my wife asks a question, and I'm not paying attention, and then I answer wrong does it still count
    1. Re:As Americans should all know... by david_thornley · · Score: 1

      Right. If our government officials have done nothing wrong, they have nothing to hide, and nothing to fear. Could I get statistics on government intrusions into people's privacy, please, with justifications?

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  19. Tough Luck by laing · · Score: 1

    These government employees have taken an oath to uphold the constitution. Many in government seem to have lost sight of who they serve. Citizens should not accept the argument that it is easier for them to do their job by collecting and analyzing the communications of US citizens without a warrant. Encryption protects US citizens against criminal activity by making it harder for the criminals to do THEIR job. The FBI can always get a warrant when they need one.

    1. Re:Tough Luck by laing · · Score: 1
      I submitted before my final point. Sorry.

      The LACK of encryption hurts public safety more than the PRESENSE of it because the unencrypted devices fall prey to criminal enterprises or foriegn governments. Thus the argument Comey makes is completely backward.

  20. (Re:The Children!) Why? I'm not a pedophile! by Chas · · Score: 5, Insightful

    It is not our job to make his job easier or effortless.

    Amendment IV

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

    Our phones and computers are the modern day equivalent of "papers and effects".

    Encryption affords us the security promised by this amendment.

    Does this make the collection of data by various "letter agency" and police law enforcement departments tougher? YEP!

    Does it raise the possibility of criminals "slipping through the system"? YEP!

    I, for one, REFUSE to be pre-criminalized , simply because I don't choose to automatically drop trou whenever someone demands to see "ze papers". The only appropriate answer for this sort of thing is "Fuck you. Get a warrant."

    I also refuse to abrogate my rights and privileges due to an idiotic appeal to emotion (think of the CHILDREN!)

    *I* am not victimizing children. But, the way law enforcement wants to set things up, EVERYONE gets lumped in as would-be rapists, molesters and murderers.

    Jim Comey needs to be told to shut the hell up, do his job *RIGHT* and be a good little soldier.

    --


    Chas - The one, the only.
    THANK GOD!!!
  21. A key issue? by phantomfive · · Score: 1

    FBI director James Comey has made encryption a key issue of his tenure.

    That was a fight that was 'lost' in the 90s. Too many large companies now rely on encryption......as in every bank, every for-profit website, any website that has the IT department using ssh to manage servers, every company that uses remote desktop to manage servers.....and soon every company that accepts credit cards.

    Sorry man, encryption is here to stay. Learn to pick your battles because nothing's going to happen with that one.

    --
    "First they came for the slanderers and i said nothing."
  22. Seeing his agency uses parallel construction by Crashmarik · · Score: 2

    To effectively violate the 4th amendment as it is. I have a great deal of trouble believing his concerns are legitimate and complete.

    What's more the greatest problem with a full on surveillance state that can and does relentlessly bring the full weight of the state against people without the means to properly defend themselves is the number of false positives can easily exceed the number of actual criminals.That would be actual crimes, not the simple fact the complexity of our legal system renders most people guilty of something.

  23. He's right that FDE will protect criminals. by jthill · · Score: 1

    It's a good thing that government demanding and getting limitless, secret access to every accessible detail of everyone's life has no history of being used for political vengeance and oppression, otherwise he'd be advocating for policies that have an unbroken, horrifying, outrageous, infamous track record.

    --
    As always, all IMO. Insert "I think" everywhere grammatically possible.
  24. I feel pretty safe by joe_frisch · · Score: 2

    Seriously. By a large margin I am most likely to die due to an age related illness.Somewhere after that are non-age related illnesses. Then accidents.Then Suicide. Being killed by "bad people" is WAY down the list. Why on earth should I give up my rights to protect myself from a tiny chance of death?

    Obviously people in power would like more control over me, but why should I agree to it?

    1. Re:I feel pretty safe by Anonymous Coward · · Score: 0

      I think that what the Fed.'s are trying to stave off is the day when all communications and data are encrypted by default and only the owner and the recipient have the keys.

    2. Re:I feel pretty safe by Anonymous Coward · · Score: 0

      Because FUCK YOU !!!

      Actually, no, because your agreement to forego your rights is both unnecessary and undesired. If we get to do things AGAINST your wishes, we feel more like bad-ass gunfighters instead of make-work bureaucrats with voyeurism issues.

  25. Momentum by s.petry · · Score: 1

    History shows that this mentality is not permanent. British rule over the US is a prime example that every US student should learn in public schools. People took a lot of crap from the Brits for a long time, and there was a point where momentum changed and we had a revolt.

    The US is not very far from this today.

    On the momentum behind the pro nanny state, most of the people in this movement are on the government dime (either work for the Government or receive some form of Welfare). It does not take a very big event to change this. If something happens where the Government can not handle the welfare, those receiving it will quickly change sides. Again, a historical normal which is easy to find.

    The big question for most of us is how long they can procrastinate the collapse of the dollar, which has been looming for at least a decade. The US will run out of credit at some point, and when that happens the proverbial shit will hit the fan.

    --

    -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

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

      "People took a lot of crap from the Brits for a long time, and there was a point where momentum changed and we had a revolt."
      We've always found you pretty revolting.

    2. Re:Momentum by CRCulver · · Score: 1

      British rule over the US is a prime example that every US student should learn in public schools. People took a lot of crap from the Brits for a long time, and there was a point where momentum changed and we had a revolt.

      British rule over the US is a prime example that every American should learn from serious scholarship, not the national myths presented in school textbooks (the US is no exception to the trend for school textbooks in any country to be an idealized depiction of history for the sake of patriotism). The "momentum changing" which you refer to wasn't just public opinion swaying through peaceful debate, it was revolutionaries e.g. burning down the houses of that significant portion of the population that remained loyal to Britain. Decent people had to live in fear and keep their mouths shut, or were driven into exile in Canada or the British Caribbean, just because they liked things the way they were.

      When you speak with great anticipation of another revolution, one wonders if you respect rule of law and respect for your community at all, as long as a violent struggle is for a political outcome you like.

    3. Re:Momentum by Anonymous Coward · · Score: 0

      there was a point where momentum changed and we had a revolt.

      The US is not very far from this today.

      Just like there have been people standing on streetcorners proclaiming the end of the world is nigh so to have people been saying exactly that for centuries now. I'm sorry but you are going to have to do way better than that if you expect anyone to take your opinions as anything more than wishful thinking.

    4. Re:Momentum by s.petry · · Score: 1

      British rule over the US is a prime example that every American should learn from serious scholarship, not the national myths presented in school textbooks

      You start with a fair point, then move to a false assertion. While we could surely find discrepancies of opinion between Britain and the US on rationality that lead to the revolution, your claim that one side is a Myth is grossly biased.

      The "momentum changing" which you refer to wasn't just public opinion swaying through peaceful debate, it was revolutionaries e.g. burning down the houses of that significant portion of the population that remained loyal to Britain.

      From bias to an appeal to emotion, so we move down hill from what was a good first statement. Your generalization fails to account for people that were turning in "revolutionaries" for money, land, property, and promises. There were plenty of loyalists who were not really loyal, but saw the opportunity for personal gain at the expense of others.

      When you speak with great anticipation of another revolution, one wonders if you respect rule of law and respect for your community at all, as long as a violent struggle is for a political outcome you like.

      Ahh, the grand fallacy saved for last. You claim to know my mind so much better than I do, and you are absolutely wrong on all accounts. First, I don't "greatly anticipate" a revolt, in fact I encourage people in political offices to correct issues so that there is no need. At the same time I have studied, and do study, enough history to know that without changes a revolt of some type is inevitable.

      Remember that the US was founded to protect individual liberty, not an oligarchy and/or "the great society". It is the latter path that leads to a societies downfall, not the former.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    5. Re:Momentum by CRCulver · · Score: 1

      There were plenty of loyalists who were not really loyal, but saw the opportunity for personal gain at the expense of others.

      OK, some loyalists were turning in revolutionaries. What about the many thousands of others who did nothing but publicly voice a desire to remain under Britain? Where was the revolutionaries' love of "individual liberty" in openly persecuting them?

  26. Re:(Re:The Children!) Why? I'm not a pedophile! by sexconker · · Score: 4, Insightful

    Our phones and computers are the modern day equivalent of "papers and effects".

    No, the modern day equivalent of "papers and effects" are... your papers and effects. If you want protection to be applied to technology that didn't exist in the Founding Father's time, then do the honest thing and press for e.g. a constitutional amendment. Trying to stretch the Founding Fathers' words of over two centuries ago to your pet cause in 2014 is a can of worms that no one should want to open.

    It's like you don't understand what "effects" are.

  27. I don't trust it by Anonymous Coward · · Score: 0

    As soon as the Truecrypt news came out, along with rumors that their canary had been tripped, I had personally suspected that NSA/FBI/etc was behind it (as did countless others, I'm certain). Perhaps it was a good enough implementation that didn't have any usable backdoors (intentional or otherwise), so they felt it best to forcefully shut it down. This was just a hunch, though but because of this I will question any newer fork of the TC project.

    By extension, I would expect that more widespread software (ie, Bitlocker) already has the required bypasses, which would fully explain why the TC project recommended users move over to Bitlocker. There is certainly more to this than is publicly known.

    In other news from the article:
    "Even as critics like John J. Escalante, chief of detectives for the Chicago police department, say that "Apple will become the phone of choice for the pedophile"

    As an iPhone user, I'm getting tired of their slanderous warmongering...

  28. Re:(Re:The Children!) Why? I'm not a pedophile! by BarbaraHudson · · Score: 4, Insightful

    Our phones and computers are the modern day equivalent of "papers and effects".

    No, the modern day equivalent of "papers and effects" are... your papers and effects. If you want protection to be applied to technology that didn't exist in the Founding Father's time, then do the honest thing and press for e.g. a constitutional amendment. Trying to stretch the Founding Fathers' words of over two centuries ago to your pet cause in 2014 is a can of worms that no one should want to open.

    "papers and effects"

    Your personal effects include your smartphone. If the government wants to peek at it or seize it, they need to get a warrant.

    Also, they want people to NOT use encryption at the same time that they're warning companies of the attacks by Chinese cyber-hackers. Someone needs to tell this guy "You can't have it both ways, dude."

    --
    "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  29. Cars by fullback · · Score: 1

    Public safety is hurt by cars, since over 30,000 people die in car crashes every year in the US. Not only that, criminals use cars. Does the FBI Director think you should not have the right to use a car?

    How many people are killed by encryption?

    1. Re:Cars by swb · · Score: 1

      Cars are nothing more than a tool for enhancing criminal behavior.

      The allow criminals a wider geographic scope over which to engage in criminal behavior. They allow them to steal more things than they can physically carry. They allow them to escape and evade capture via rapid movement over wide geographies.

      Clearly, we must limit cars.

  30. I must admit... by supaneko · · Score: 1

    If the FBI director is claiming to be so staunchly against something, I'm quite apt to be pleased and support this.

    But let's not forget that encryption hasn't stopped government surveillance as seen in the various leaks over the past year. This is likely double-speak and for all we know, the FBI and other agencies could already have the keys needed to override the encryption. Google, Microsoft, Apple, et al have proven already that their customer's privacy, whether from the government or another third-party, is something they happily ill lie about all the while saying "we had to do it--they made us!"

  31. Dude, you're becoming a monster. by LessThanObvious · · Score: 4, Insightful

    FBI / NSA: Dude, you're becoming a monster.

    Citizen: You made me this way...

    All encryption does is protect the individual from self incrimination and prevent them from using illegally captured traffic and metadata to do parallel construction a.k.a. lying about the source of evidence.

  32. Ah Yes...nothing like it by Anonymous Coward · · Score: 0

    When a politician whines.

    1. Re:Ah Yes...nothing like it by Opportunist · · Score: 1

      Nothing like a spook whining about encryption.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  33. Re:(Re:The Children!) Why? I'm not a pedophile! by The+Ickle+Jones · · Score: 2

    In addition to the other responses, have you never heard of the spirit of the constitution? There is more to the constitution than just interpreting everything 100% literally; you can take intent into account.

  34. What's the difference... by sdguero · · Score: 2

    between banning encryption and banning banks, safes, and safety deposit boxes?

    1. Re:What's the difference... by Anonymous Coward · · Score: 0

      So can i assume that FBI is using telnet and do not encypt their networks? What is next? outlawing rate-limiting login attempts?

    2. Re:What's the difference... by perry64 · · Score: 1

      I think that drapes are a better analogy. Banks, safes and safety deposit boxes protect things that might be stolen, while drapes prevents people from seeing what you are doing in a place where you have an expectation of privacy.

      Being on the internet without encryption is like being in your house without drapes.

    3. Re:What's the difference... by Anonymous Coward · · Score: 0

      between banning encryption and banning banks, safes, and safety deposit boxes?

      Yes? What is between encryption and banks? I'm thinking, some computer.

    4. Re:What's the difference... by Anonymous Coward · · Score: 0

      I think a big difference is that the FBI can easily get into banks, safes, and safety deposit boxes.

    5. Re:What's the difference... by Anonymous Coward · · Score: 0

      Quiet!
      Don't give them any ideas!

  35. Re:Encryption hurts JEWS' safety... by Anonymous Coward · · Score: 1

    Because that's who the FBI work for... our precious Jewish 'masters'...

    Can't have people finding out that the 'holocaust' was a lie, can we...

    www.nazigassings.com

    Quick, mod me down, don't think for yourself! Don't question what the JEWS have been telling you all your life, they'd never lie to you, would they...

    As an atheist of Jewish extraction, I can tell you that the dues I pay to the International Jewish Conspiracy don't have the same benefits they used to have. It used to be that we'd get to choose from at least half a dozen christian babies for our blood drinking ceremonies. Now, we're lucky if we get two. Also, the royalty checks (you know, the one that's our skim) from all the world's economic output) have been down quite a bit since 2009.

    It's getting harder every day to be the masters of the world. Sigh.

  36. Re:(Re:The Children!) Why? I'm not a pedophile! by Anonymous Coward · · Score: 0

    "ef.fect, noun, plural noun: effects
    [...]
    3. personal belongings"

    My phone is one of my personal belongings, therefore one of my effects. No redefinition needed. Amendent IV already affirms our right to be secure against unreasonable searches and seizures of our effects, hence phones, laptops, etc -- current police and border-guard practice notwithstanding.

  37. Re:(Re:The Children!) Why? I'm not a pedophile! by Anonymous Coward · · Score: 0
  38. Re:(Re:The Children!) Why? I'm not a pedophile! by Anonymous Coward · · Score: 0, Informative

    It's like you don't understand what "effects" are.

    The long, long history of American jurisprudence has determined that your effects are materials held at home. Your smartphone travelling in your pocket as you go out in public, just like your wallet, is not an effect. Things on your person can be searched based upon probable cause without the need for a warrant.

  39. Cummy by Anonymous Coward · · Score: 0

    James Cummy is fascist douchelord who I hope dies slowly and painfully from a raging yeast infection and prostate cancer.

  40. Matt 7:3 by Opportunist · · Score: 1

    I'm usually not the religious kind of guy, but it fits far too well to just let it slip.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  41. Re:Encryption hurts JEWS' safety... by Anonymous Coward · · Score: 0

    We have been getting a glut of black and brown babies and they "said" they were christian. The asians ones leave a bad after taste. They also said that once this ebola thing kicked in, we should be able to get fresh stock of everything.

    As for the royalty checks, don't get me started!!!

  42. When the state fights its own citizens... by mugnyte · · Score: 1

    the only winner is another state.

  43. Open Note to FBI Director by Anonymous Coward · · Score: 0

    The constitution forbade you and your alphabet organization brethren from invading privacy, stealing information and whatnot.

    You chose to disregard that law and commit acts of treason against the people of this nation.

    YOU are the ones that are causing grave damage to this country, YOU are the ones hurting people, YOU are the ones who should be spending the rest of your lives in gitmo, along with every other member of the government and their agencies that did NOT stand up to these treasonous actions and attrocities.

    Hell, you should probably be put to death since it was treason during what some in the government illegally consider a time of war.

    So we the people decide to lock you out, so that you cannot illegally listen in to conversations, pry into our private documents, who cares, it's less than you deserve you fucking morons.

  44. those who would trade freedom for security... by jzilla · · Score: 1

    deserver neither.
    Locking everyone in a jail cell would increase public safety greatly as well.
    I'l take my chance and live life, rather than cower in some hole.

    1. Re:those who would trade freedom for security... by mi · · Score: 1

      In the full quote — in all its different permutations — the given up freedom (liberty) must be essential and the security gained — temporary. With such qualifiers, it becomes a little less obvious, does not it? For example, if the security gained is permanent (as long as device-makers cooperate with authorities), is it worth an essential liberty? Franklin didn't leave any guidance for such case...

      I'll take my chance and live life, rather than cower in some hole.

      Fortunately, no one — certainly not the FBI — are forcing you into "some hole". Excluded middle much?

      That said, I like your spirit, because I too prefer the Individual over Collective...

      --
      In Soviet Washington the swamp drains you.
    2. Re:those who would trade freedom for security... by TsuruchiBrian · · Score: 1

      I don't see how depending on a for profit corporation for security could be anything but the definition of temporary security in the best case. In the worst case it is the complete and immediate destruction of security.

  45. Re:(Re:The Children!) Why? I'm not a pedophile! by FuzzMaster · · Score: 5, Informative

    Things on your person can be searched based upon probable cause without the need for a warrant.

    I guess you're not aware of this year's Supreme Court decision, Riley vs. California, in which they determined that police require a warrant to search your phone. http://www.nytimes.com/2014/06...

  46. Re:(Re:The Children!) Why? I'm not a pedophile! by Anonymous Coward · · Score: 3, Insightful

    the modern day equivalent of "papers and effects" are... your papers and effects. If you want protection to be applied to technology that didn't exist in the Founding Father's time, then do the honest thing and press for e.g. a constitutional amendment

    Why?

    Papers... and effects. Do you know what "effects" are? Here's a quick google search that turns up an answer right in the search results, no further linking needed. And it's right there, under noun, definition 3. That's the one the constitution meant. It says:

    3. personal belongings.
    "the insurance covers personal effects"
    synonyms: belongings, possessions, goods, worldly goods, chattels, goods and chattels; property, paraphernalia; informal gear, tackle, things, stuff

    So a phone or computer is quite literally (and I mean "literally" in the literal sense) an effect.

    Warrant or GTFO.

  47. Re:(Re:The Children!) Why? I'm not a pedophile! by Anonymous Coward · · Score: 1

    Only if it can be reasonably assumed that these things can pose a threat to officers...a cell phone doesn't meet that requirement. Are you supposing it's some sort of IED?

  48. (Re:The Children!) Why? I'm not a pedophile! by Anonymous Coward · · Score: 0

    I'd like to know how Jim Comey reconciles his position on encryption with the requirements set for in the CJIS Security Policy (version 5.3) by the FBI's CJIS division which includes tidbits like those in sections 5.13.2 "enforcement of folder or disk level encryption" and 5.13.3 "encrypt all Criminal Justice Information resident on the device."

    1. Re:(Re:The Children!) Why? I'm not a pedophile! by Anonymous Coward · · Score: 0

      Our phones and computers are the modern day equivalent of "papers and effects".

      No, the modern day equivalent of "papers and effects" are... your papers and effects. If you want protection to be applied to technology that didn't exist in the Founding Father's time, then do the honest thing and press for e.g. a constitutional amendment. Trying to stretch the Founding Fathers' words of over two centuries ago to your pet cause in 2014 is a can of worms that no one should want to open.

      It's like you don't understand what "effects" are.

      And it's like you don't understand what "arms" are.

      The 2nd Amendment still holds true, no matter if it's a musket or an AR-15. Stop making bullshit excuses, because you know as well as I that the time for the People to get an official Amendment through to passing is done and over with, so shut the fuck up with the history lesson already. We don't have Rights anymore. You know it, and so do I so just stop with the bullshit here.

    2. Re:(Re:The Children!) Why? I'm not a pedophile! by Anonymous Coward · · Score: 0

      I could make it one if you like?
      Anyways, your cell phone is in point of fact ones effects means all of ones possessions, not limited in the same way the word "goods" is. Unless you would like to tell me that you do not own your cell phone, it is in fact one of your effects.
      If asked to be searched, I have and will decline to allow myself to be searched unless a warrant can be presented, unless it is a "Terry stop" in which case I will allow myself to be patted down in search of a weapon and no more.

    3. Re:(Re:The Children!) Why? I'm not a pedophile! by Anonymous Coward · · Score: 0

      Only if it can be reasonably assumed that these things can pose a threat to officers...a cell phone doesn't meet that requirement. Are you supposing it's some sort of IED?

      No, not at all.

      http://www.youtube.com/watch?v=AltB7j0s_sI

      (And yes, this will be the de facto bullshit excuse to label every fucking cell phone as "probable cause")

    4. Re: (Re:The Children!) Why? I'm not a pedophile! by Anonymous Coward · · Score: 0

      "I'm a terrorist, so everyone is a terrorist!" Is seriously your argument?

    5. Re:(Re:The Children!) Why? I'm not a pedophile! by The+Ickle+Jones · · Score: 2

      The long, long history of American jurisprudence has determined that your effects are materials held at home.

      Judges are often complicit in the crimes against the American people.

    6. Re:(Re:The Children!) Why? I'm not a pedophile! by Anonymous Coward · · Score: 5, Insightful

      Also, why are we so hung up on "papers"? I'm pretty sure our founding fathers didn't care about dead tree pulp and were more concerned about protecting the information on the paper. In that light, why would it matter what medium the information is contained on? Be it chiseled stone, carved wood, or a cellphone?

    7. Re:(Re:The Children!) Why? I'm not a pedophile! by Anonymous Coward · · Score: 2, Interesting

      Kids these days... encryption didn't just arrive with the latest iPhone release, you know.
      The Founding Fathers were well versed in ciphers. If they did not outlaw encryption of personal effects and they did not grant special powers for the state to force you decode them, one has to conclude that they had their reasons.

    8. Re:(Re:The Children!) Why? I'm not a pedophile! by dunkindave · · Score: 5, Interesting

      I'd like to know how Jim Comey reconciles his position on encryption with the requirements set for in the CJIS Security Policy

      Because he isn't saying people can't encrypt, he is saying the keys must be available such that the government can get in if needed, even if the owner would like to block the access. The CJIS Policy allows for escrow as well.

      What he doesn't seem to get (though I bet he actually does), and where some of the arguments here are missing the mark, is that if someone else holds a key that will grant access, even if the holder is the government, that provides a path for a bad guy to abuse the ability to access. The bad guy(s) can be hackers/attackers from down the street, on the other side of the planet, employees of our government, etc.

      And the issue regarding the 4th amendment is somewhat misleading because he is saying a REASONABLE search is what is being prevented, namely one where conditions like a valid warrant exist or an imminent physical threat is present (I am not going to argue the problem here about anything can be claimed as an imminent threat). So the question is does the Constitution allow a person to use technical means to prevent the government access to data even when a valid warrant is presented? Many here obviously believe the answer is yes, mostly for reasons like those I gave above, but understand that this doesn't appear to be a protected right under the 4th since the 4th only says you and your effects are secure until a warrant is issued, not after.

    9. Re:(Re:The Children!) Why? I'm not a pedophile! by BringsApples · · Score: 2

      In Alabama every drug warrant has article "G" attached to it that gives the officers the right to search all files and computers, for drug records. If you keep your records in, let's say French, then the police can take them to a translator. If you keep your papers in some kind of "encrypted" scheme that requires some mechanism to decrypt, then it's evidence enough that you deal drugs. I hope encryption on phones doesn't have the same effect.

      --
      Politics; n. : A religion whereby man is god.
    10. Re:(Re:The Children!) Why? I'm not a pedophile! by The+Ickle+Jones · · Score: 2

      What he doesn't seem to get (though I bet he actually does), and where some of the arguments here are missing the mark, is that if someone else holds a key that will grant access, even if the holder is the government, that provides a path for a bad guy to abuse the ability to access. The bad guy(s) can be hackers/attackers from down the street, on the other side of the planet, employees of our government, etc.

      And the government can be the bad guy. It often is, in fact.

      And the issue regarding the 4th amendment is somewhat misleading because he is saying a REASONABLE search is what is being prevented, namely one where conditions like a valid warrant exist or an imminent physical threat is present (I am not going to argue the problem here about anything can be claimed as an imminent threat).

      I think this is a good thing, as it causes them to focus on the most important cases and protects you from rubberstamped warrants.

      So the question is does the Constitution allow a person to use technical means to prevent the government access to data even when a valid warrant is presented?

      The constitution is a whitelist of things the government can do, not a blacklist of things it can't. So of course it does.

    11. Re:(Re:The Children!) Why? I'm not a pedophile! by K.+S.+Kyosuke · · Score: 1

      With lithium batteries? Anything is possible. ;-)

      --
      Ezekiel 23:20
    12. Re:(Re:The Children!) Why? I'm not a pedophile! by Anonymous Coward · · Score: 0

      If you keep your papers in some kind of "encrypted" scheme that requires some mechanism to decrypt, then it's evidence enough that you deal drugs.

      Are you serious?

    13. Re:(Re:The Children!) Why? I'm not a pedophile! by geekoid · · Score: 1

      You know tat amendment gives the government the right to search your papers and effects as long as they follow procedure.

      What he wants is the ability to get a warrant and carry out a search; which is a reasonable.

      And the reason he uses are legitimate reasons.
      People commit crimes, he wants to be able to find evidence and build a case is evidence is found.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    14. Re:(Re:The Children!) Why? I'm not a pedophile! by geekoid · · Score: 1

      "The constitution is a whitelist of things the government can do, not a blacklist of things it can't. So of course it does."
      and on the white list is the right for the government to search you if it follow procedure.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    15. Re:(Re:The Children!) Why? I'm not a pedophile! by fustakrakich · · Score: 1

      I, for one, REFUSE to be pre-criminalized...

      Too late... already happened

      The only appropriate answer for this sort of thing is "Fuck you. Get a warrant."

      Enjoy your stay in government housing while we wait...

      Jim Comey needs to be told to shut the hell up, do his job *RIGHT* and be a good little soldier.

      Remember who gives the orders. He is a very good little soldier, getting up there and barking like a dog, very well trained. And maybe he too, will write a tell-all confession after he reties, if the right book deal comes along.

      --
      “He’s not deformed, he’s just drunk!”
    16. Re:(Re:The Children!) Why? I'm not a pedophile! by Ron+Goodman · · Score: 2

      I'd be a little more sympathetic to his position if it were not for the massive abuses of various govt. agencies which were recently revealed.

    17. Re:(Re:The Children!) Why? I'm not a pedophile! by Attila+Dimedici · · Score: 2

      Others have pointed out that your interpretation is wrong and explain why. However, even if your argument was correct, you reach the wrong conclusion because the Framers of the Constitution addressed the issue of technology that did not yet exist in the 10th Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." In other words, if the Constitution did not explicitly grant the federal government the power, that power is denied to the federal government.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    18. Re:(Re:The Children!) Why? I'm not a pedophile! by The+Ickle+Jones · · Score: 2

      The actual question "So the question is does the Constitution allow a person to use technical means to prevent the government access to data even when a valid warrant is presented?"

      Also, governments don't have rights; they have powers. The government cannot stop you from using a tool merely because it makes getting information from you hard/impossible if it gets a warrant; it simply has no such power.

    19. Re:(Re:The Children!) Why? I'm not a pedophile! by Anonymous Coward · · Score: 0

      Our phones and computers are the modern day equivalent of "papers and effects".

      No, the modern day equivalent of "papers and effects" are... your papers and effects. If you want protection to be applied to technology that didn't exist in the Founding Father's time, then do the honest thing and press for e.g. a constitutional amendment. Trying to stretch the Founding Fathers' words of over two centuries ago to your pet cause in 2014 is a can of worms that no one should want to open.

      digital documents count as papers, too, just as do printed, photocopied, or any other rendering of a document on paper made from discarded clothing, wood chips, cotton, hemp, or other plant fiber. you see, the word can be definied by its function, not merely by its form.

    20. Re:(Re:The Children!) Why? I'm not a pedophile! by Anonymous Coward · · Score: 1

      I think you are missing his sarcasm. As in the 1st am protects internet free speech tv speech etc and the 2nd am protects modern firearms, he is suggesting that the same exists for the 4th am.

    21. Re:(Re:The Children!) Why? I'm not a pedophile! by tqk · · Score: 2

      So, open season on the homeless. Good to know.

      --
      "Tongue tied and twisted, just an Earth bound misfit ..." -- Pink Floyd.
    22. Re:(Re:The Children!) Why? I'm not a pedophile! by gumbi+west · · Score: 1

      OK, try to go buy a thank or an F-16 and tell me how that works out for you.

    23. Re:(Re:The Children!) Why? I'm not a pedophile! by Anonymous Coward · · Score: 1

      You are aware that owning those as a private US citizen or resident is perfectly legal, right? They're just expensive as hell. You can also buy a decommissioned helicopter.

    24. Re:(Re:The Children!) Why? I'm not a pedophile! by ewibble · · Score: 2

      Of course its right to use technical means to stop the government accessing your files. It always has been like that, you could always write you documents in code, or hide them and you where under no obligation to reveal the code or location, you have the right to remain silent.

      The government has the ability to watch us more than it ever has in history, but it will never be enough.

      I think it is less about allowing encryption on cell phones as opposed to having it on by default. Most people will not bother (mainly because they don't understand how easy it is to monitor someone) so it is an indicator to look further if your phone is encrypted, once everyone has encryption turned on it will no longer be an indicator.

      Really its the spy agencies own fault they overstepped their bounds, by issuing secret warrants to companies and monitoring everyone, now they get the backlash.

      When something you had is taken away it feels much worse than if you never had it in the first place.

    25. Re:(Re:The Children!) Why? I'm not a pedophile! by Anonymous Coward · · Score: 1

      What he wants is the ability to get a warrant and carry out a search; which is a reasonable.

      Where have you been the last ten years? What he wants is to get rid of the 4th amendment and have his goons able to search whomever they want without having to get a warrant, because that requires evidence of a crime and probable cause that you committed it. The article states that encryption was a problem a whole NINE times last year and "the investigations proceeded in some other way.”. This is not the catastrophe that the government is claiming it is.

      The FBI is plain out lying in order to social engineer public hatred of encryption.

    26. Re:(Re:The Children!) Why? I'm not a pedophile! by TsuruchiBrian · · Score: 1

      No, the modern day equivalent of "papers and effects" are... your papers and effects. If you want protection to be applied to technology that didn't exist in the Founding Father's time, then do the honest thing and press for e.g. a constitutional amendment.

      Or we could just encrypt our data.

      If you want the government to have the additional authority to deny people the right to a new technology that didn't exist in the Founding Father's time, then do the honest thing and press for a constitutional amendment.

    27. Re:(Re:The Children!) Why? I'm not a pedophile! by TsuruchiBrian · · Score: 1

      Not on the whitelist is the right of the government to people people from using encryption or compelling companies to develop their products in a way that aids the government in performing it's searches.

    28. Re:(Re:The Children!) Why? I'm not a pedophile! by Anonymous Coward · · Score: 0

      People commit crimes, he wants to be able to find evidence and build a case is evidence is found.

      I guess it comes down to a question:

      As a member of the public, do you have to provide this evidence against yourself or should you be presumed innocent?

    29. Re:(Re:The Children!) Why? I'm not a pedophile! by Chas · · Score: 1

      I, for one, REFUSE to be pre-criminalized...

      Too late... already happened

      Touche.

      The only appropriate answer for this sort of thing is "Fuck you. Get a warrant."

      Enjoy your stay in government housing while we wait...

      If necessary. I will. Part of the reason that the government gets over so much nowadays is that people are TERRIFIED of being seen as a criminal, and they're scared shitless of ANY form of incarceration.

      Jim Comey needs to be told to shut the hell up, do his job *RIGHT* and be a good little soldier.

      Remember who gives the orders. He is a very good little soldier, getting up there and barking like a dog, very well trained. And maybe he too, will write a tell-all confession after he reties, if the right book deal comes along.

      Even the best trained dog gets a rolled up paper across the snout once in a while.
      I have no problem being such. As there's nothing in my life I couldn't stand to lose.

      --


      Chas - The one, the only.
      THANK GOD!!!
    30. Re:(Re:The Children!) Why? I'm not a pedophile! by forand · · Score: 1

      No they clearly didn't care about stone tablet bearers.

    31. Re:(Re:The Children!) Why? I'm not a pedophile! by fustakrakich · · Score: 1

      The thing is, if they need a warrant, they will produce one. If they don't like you, you are screwed.

      Even the best trained dog gets a rolled up paper across the snout once in a while.

      What would you punish this guy for? He's doing exactly what he's told, and I'm certain he's not peeing on the carpet.

      --
      “He’s not deformed, he’s just drunk!”
    32. Re:(Re:The Children!) Why? I'm not a pedophile! by FSWKU · · Score: 1

      If you want protection to be applied to technology that didn't exist in the Founding Father's time, then do the honest thing and press for e.g. a constitutional amendment. Trying to stretch the Founding Fathers' words of over two centuries ago to your pet cause in 2014 is a can of worms that no one should want to open.

      I see this same reasoning used by the anti-gun crowd. They want to say the Bill of Rights doesn't apply to things that didn't exist at the time the document was drafted. Let's take that to it's logical conclusion then, shall we?

      The First Amendment states:
      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.

      Using the "no unforseen technology" argument, that means the only thing covered by freedom of the press is exactly that. A hand-cranked printing press. That was the technology of the time. That's why it's called "freedom of the press." It gave people the right to print books and documents without the government having a say in what was allowed. Freedom of speech at the time was speaking in the town square without being arrested, or publishing documents via freedom of the press. Therefore, using any of these "new fangled" technologies to exercise your free speech is not protected, because they didn't exist when the Bill of Rights was drafted.

      By your logic, telegraphs, radio, telephones, faxes, photographs, photocopies, computers, the Internet, etc. are not protected via the First Amendment, because those technologies didn't exist at the time, and could not have been forseen that long ago. So I guess we need an amendment to allow those things to be used as well? Unless you're saying that your argument only applies to your favorite amendments and not the others, in which case why even have the Bill of Rights to begin with, or indeed the whole Constitution?

      --
      "So after all this, you make my case for me. To end this stalemate, you must die..."
    33. Re:(Re:The Children!) Why? I'm not a pedophile! by Anonymous Coward · · Score: 0

      Actually, I think he might be able to have it both ways... by being screwed while also screwing someone else. (It's believe it's called being a double adaptor.)

      So, he could have his way and end encyption, but then of course the Chinese could have their way with him and the companies he's supposed to protect.

    34. Re:(Re:The Children!) Why? I'm not a pedophile! by stealth_finger · · Score: 1

      It's like you don't understand what "effects" are.

      The long, long history of American jurisprudence has determined that your effects are materials held at home. Your smartphone travelling in your pocket as you go out in public, just like your wallet, is not an effect. Things on your person can be searched based upon probable cause without the need for a warrant.

      So if they bust through your door when you're sleeping looking another (probably innocent) guy 2 streets away, is your phone safe then?

      --
      Wanna buy a shirt?
      https://www.redbubble.com/people/stealthfinger/shop?asc=u
    35. Re:(Re:The Children!) Why? I'm not a pedophile! by Chas · · Score: 1

      What would I punish the guy for?

      Oh. Let me count the ways.

      And seriously. You're allowing him the Nuremburg Defense? ("I was only following orders")

      Sorry, NOT a good reason for violating people's rights.

      --


      Chas - The one, the only.
      THANK GOD!!!
    36. Re:(Re:The Children!) Why? I'm not a pedophile! by anegg · · Score: 1

      Your point regarding REASONABLE search being at issue is well taken. However, I don't think that the US Constitution gives the federal government blanket authority to ban practices that would make the federal government's exercise of constitutional powers easier. One could easily imaging a clause in the constitution saying something like "The federal government may make laws restricting the people's exercise of their rights when such restrictions are necessary to make the federal government's exercise of duly constituted powers easy/efficient/effective." I think the founding fathers would have quailed at the rather trivial potential for overreach in such a clause. Since the so-called Bill of Rights is not meant to be strictly enumerative of rights held by the people, but rather examples of the restraints on the federal government's powers, the fourth amendment's example of what is protected clearly can be extended to cover information held in newer technologies than existed in the 1700s. Since the US Constitution doesn't provide the power to restrict the people's exercise of their rights except in very specific ways, the use of encryption to protection information is a right, just as would have been the use of a safe to lock up information, or the use of a box of papers hidden in a burlap sack buried in the middle of the woods.

    37. Re:(Re:The Children!) Why? I'm not a pedophile! by Anonymous Coward · · Score: 0

      He can still do that, what he wants is to be able to tap into your devices and download all your data and private info without a warrant or you even knowing like they have been doing. This is not about "terrorism" or "child pron", this is about the ability to conduct warrant-less, general searches and monitoring stazi style. If I could convince the people I communicate with regularly to use it all my emails and texts would be encrypted even tho most of them are basically the "I'll be home in 30 min what do you want me to pick up for dinner?" variety.

    38. Re:(Re:The Children!) Why? I'm not a pedophile! by Anonymous Coward · · Score: 0

      > Amendment IV

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

      The powers that be (and their varied monied interests) would like to revise this amendment as follows:

      "The right of the people to be violated in their persons, houses, papers, and effects via unreasonable searches and seizures shall not be infringed."

    39. Re:(Re:The Children!) Why? I'm not a pedophile! by Anonymous Coward · · Score: 0

      Ah, someone not understanding the constitutions role. It does not give or grant rights, it states what the fed has authority over the states as well as you. If the fed wants to exempt electronic media, than we would need an amendment.

    40. Re:(Re:The Children!) Why? I'm not a pedophile! by Forgefather · · Score: 2

      A long history of jurisprudence that existed long before the internet was invented or even widely adopted. When that happens I think instead of trying to force modern technology to conform with outdated laws we should instead look at why our founding fathers fought a bloody revolution.

      The government having the ability to unreasonably search your information of any kind allows them to build a narrative about your behavior using cherry picked evidence. At the drop of a hat your entire history, and every little mistake along the way can be used to demonize even the greatest saint. It was by using tactics like this that corrupt governments would silence dissent. Kings would craft a narrative to discredit opposition and lock them away never to be seen again.

      This is the behavior that our country has engaged in, and regardless of whether your "papers and effects" are emails, downloads, or letters the consequences of a government spying on those communications are the same: that the government can use your entire life to criminalize you when you are not in fact a criminal. That is what you should be looking at, not jurisprudence from judges that are mostly tech illiterate or that predated the technology that it is being used as precedent to rule on.

      --
      "There are lies, there are damn lies, and there are statistics"
    41. Re:(Re:The Children!) Why? I'm not a pedophile! by AmiMoJo · · Score: 1

      It might be harder to make the "using encryption = conspiracy to commit a crime" when the judge's phone is encrypted too, and so are the phones of all the jury members.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    42. Re:(Re:The Children!) Why? I'm not a pedophile! by ganjadude · · Score: 1

      I nkow someone with a tank, and I know another person with a working fighter jet.... Its not as difficult as you seem to think (if you have the $$$)

      --
      have you seen my sig? there are many others like it but none that are the same
    43. Re:(Re:The Children!) Why? I'm not a pedophile! by ganjadude · · Score: 1

      I think the 5th amendment would say yes. you have the right not to incriminate yourself.

      --
      have you seen my sig? there are many others like it but none that are the same
    44. Re:(Re:The Children!) Why? I'm not a pedophile! by Anonymous Coward · · Score: 0

      "If you keep your papers in some kind of "encrypted" scheme that requires some mechanism to decrypt, then it's evidence enough that you deal drugs."

      No. It can be used as probable cause but not evidence, that would be prior restraint.

    45. Re:(Re:The Children!) Why? I'm not a pedophile! by fustakrakich · · Score: 1

      No, I am not allowing the Nuremberg defense. You just have to vote more carefully to make sure people like him are never appointed to the position. The people you put in charge like his work. I' sorry. That's just the way it is.

      --
      “He’s not deformed, he’s just drunk!”
    46. Re:(Re:The Children!) Why? I'm not a pedophile! by Anonymous Coward · · Score: 0

      The Fifth Amendment says that I can't be forced to incrimnate myself. As such, I can not be "required" to hand over the keys.

    47. Re:(Re:The Children!) Why? I'm not a pedophile! by DeputySpade · · Score: 1

      OMG! Where are my mod points???? Shout this from the freaking rooftops! The tenth ammendment is the most definitive and important of them all, IMO, and the one that is the most frequently forgotten or ignored. I honestly wish it had come first in the Bill of Rights just to make it harder to ignore.

      The Tenth Ammendment applies in just about every situation. It is the recognition that the citizen is the supreme soveriegn in this country and that the citizen allocates some of his powers and rights to the state, and then a further, smaller subset to the Federal government. Somewhere along the way we seem to have gotten this backward. We have been living as though the Federal government is the supreme sovereign which allocates some of its powers to the states and then a further, smaller subset to the people. THAT is the real tragedy of the US.

      Please continue to spread this message. Make bumper stickers. Make T-shirts. I wish people would champion the Tenth Ammendment the way they do the First or the Second.

      --


      This space intentionally left blank
    48. Re:(Re:The Children!) Why? I'm not a pedophile! by shutdown+-p+now · · Score: 1

      Can you quote that right? Because all I see in the 4th Amendment is that they're not allowed to arrest or search unless it is reasonable; it doesn't say anything about being granted a right to search things successfully.

      So far as I can see, 4A is not relevant to this discussion at all. It does not grant people the right to be completely secure from any search (as it specifically excludes reasonable ones), nor does it grant the government the right to force people to make said search easier.

    49. Re:(Re:The Children!) Why? I'm not a pedophile! by amxcoder · · Score: 1

      Didn't one of Google's founders buy an old jet? Don't know if it was a F-15 or F-16 or what, but it is stationed at Moffet Field was the rumor I heard a few years back. Obviously I would assume it doesn't have or carry any ordinances on it, just the jet.

    50. Re:(Re:The Children!) Why? I'm not a pedophile! by amxcoder · · Score: 1

      Amen, would mod you up if I hadn't already posted in this thread. The government has been usurping our individual rights on a daily basis, and through court decisions and other magic hand waving tries to get us to buy into their BS that we 'the people' never had those rights to begin with.

      It's the government who never had those rights to begin with, until they stole them from 'the people'. And they continue to do so.

    51. Re:(Re:The Children!) Why? I'm not a pedophile! by Fjandr · · Score: 1

      And the very next amendment protects the right of people not to be compelled to aid in the production of evidence used to prosecute them. The government cannot compel me to divulge what is in my head.

    52. Re:(Re:The Children!) Why? I'm not a pedophile! by gumbi+west · · Score: 1

      I don't think that heavily armored vehicle without a functioning gun on the front qualifies as a tank. I also can find nothing about privately owned air-ready F-16s, but even then, it would have no weapon systems. And I was talking about these systems as weapons, not expensive toys.

    53. Re:(Re:The Children!) Why? I'm not a pedophile! by gumbi+west · · Score: 1

      I'm talking about these items as weapon systems. I also doubt that they jet is at all recent (or if it is, that it could fly in US airspace).

    54. Re:(Re:The Children!) Why? I'm not a pedophile! by gumbi+west · · Score: 1

      It was a European trainer jet.

  49. A problem of trust by cowwoc2001 · · Score: 1

    In an ideal world, individuals would use encryption that would protect their privacy from the run-of-the-mill attacker but not from the government.

    The public backlash to such a model is the result of people not trusting their government (and by extension the police).

    Tackle the lack of trust and these problems go away. This is a social problem, not a technical one.

    1. Re:A problem of trust by The+Ickle+Jones · · Score: 1

      In an ideal world, individuals would use encryption that would protect their privacy from the run-of-the-mill attacker but not from the government.

      Governments abused countless innocents throughout history. Trusting the government is foolish; one should always be cautious of what they do or say, but not mindlessly so.

      In this case, it's not an issue of a lack of trust; this man's position is fundamentally ridiculous and privacy would be important even in an "ideal world" where the government was full of perfect beings.

    2. Re:A problem of trust by cowwoc2001 · · Score: 1

      In an ideal world, individuals would use encryption that would protect their privacy from the run-of-the-mill attacker but not from the government.

      Governments abused countless innocents throughout history. Trusting the government is foolish; one should always be cautious of what they do or say, but not mindlessly so.

      In this case, it's not an issue of a lack of trust; this man's position is fundamentally ridiculous and privacy would be important even in an "ideal world" where the government was full of perfect beings.

      That's fine so long as you understand the tradeoff you are advocating.

      It will likely involve an increased amount of crime, terrorism and money spent on resources to tackle the aforementioned problems. I don't know how much of an increase we're talking about.

      On the flip side, it will be harder for the government to snoop on its citizens. Again, I'm not sure how much harder it'll actually be.

      Personally, I'd rather risk some unwanted government snooping (there will always be some bad apples) compared to the risk of crime and terrorism groups gained a foothold. The former is a potential attacker. The latter is a guaranteed attacker. The former provides some form of transparency. The latter provides none.

      I don't believe that you can have it both ways. I see this as choosing the lesser evil.

    3. Re:A problem of trust by The+Ickle+Jones · · Score: 1

      It will likely involve an increased amount of crime, terrorism and money spent on resources to tackle the aforementioned problems. I don't know how much of an increase we're talking about.

      Fine with me.

      Personally, I'd rather risk some unwanted government snooping (there will always be some bad apples) compared to the risk of crime and terrorism groups gained a foothold.

      Then go live elsewhere, not in a country that's supposed to be 'the land of the free and the home of the brave.' Corrupt governments have murdered/abused hundreds of millions throughout history, and our own government took part in that (Jim Crow, police corruption everywhere, internment of Japanese citizens, etc.). The absolute worst case scenario is not when terrorist/criminal bogeymen get you, but when your own elected government becomes the criminal, which is what you seem to be missing; I don't expect terrorists to be good guys, but I do expect that of my government, even if I have no trust in them.

      In the US, safety is far less important than freedom.

    4. Re:A problem of trust by shutdown+-p+now · · Score: 1

      In an ideal world, individuals would use encryption that would protect their privacy from the run-of-the-mill attacker but not from the government.

      Even setting the balance of government powers vs individual rights aside, the problem is that there's no such encryption. If it has a backdoor, it's vulnerable. For example, if it has an extra "NSA key" that can be used to decrypt it, then that key will be leaked eventually (Snowden is a living proof of that0, and at that point all existing data is vulnerable.

      What he is asking is to compromise security below any acceptable standard for the sake of his convenience. The only correct answer here is, "fuck off". There's no balance to discuss.

  50. Things hurting public safety starting w/letter "E" by Anonymous Coward · · Score: 0

    Dear Mr. Government,

    "Encryption" shouldn't be at the top of this list right now.

    Signed,
    Everyone who isn't wearing a full face respirator.

  51. Looks like he won by WillAffleckUW · · Score: 1

    If all browsers in November will have SSL3 turned off by default, then he won.

    All because the NSA wanted a crypto back door.

    Note: fixing SSL won't fix the other methods, which involve spoofing cell and provider feeds and using the other computing devices inside your cell and network like your printers and GPUs and (long list).

    --
    -- Tigger warning: This post may contain tiggers! --
  52. Are we certain ... by PPH · · Score: 1

    ... that James Comey hasn't been kidnapped and brainwashed by the Chinese?

    --
    Have gnu, will travel.
  53. Re:Encryption hurts JEWS' safety... by Anonymous Coward · · Score: 0

    The asians ones leave a bad after taste

    Hey! That's racist!

  54. Not a strong point to make. by Anonymous Coward · · Score: 1

    He used an example of how data on a phone was used to exonerate teens of a crime to strengthen his case against encryption. If you have evidence on your phone that will help prove your innocence you're far more willing to give up the password. The only instance that encryption would ever be a problem would be when gathering evidence to prove guilt.

  55. Re: when we can read your files, you can read ours by gnu-sucks · · Score: 2

    For that, you'll have to talk to Motorola and the FCC.

    Most p25 traffic isn't encrypted anyway. There is no need and some definite disadvantages to p25 as well. And there are cryptographic weaknesses.

    Apple's leverage of open source encryption concepts will always be a few years more advanced, if not decades more, than embedded p25-compliant radios.

  56. Fact is the law has broken the trust of by Stan92057 · · Score: 1

    Fact is the law has broken the trust of the American people. They are getting caught lieing just as mush as criminals are. I have NO trust in our police, i have NO trust in the NSA,I have NO trust in the FBI,I have NO trust in the CIA, I have no trust in our lawmakers. Because they have all broken the laws of our land. Its time for a clean sweep people, Vote them all out and start fresh this November. Get out and Vote or shut up.

    --
    Jack of all trades,master of none
    1. Re:Fact is the law has broken the trust of by Sperbels · · Score: 1

      Vote them all out and start fresh this November. Get out and Vote or shut up.

      "Go ahead, throw your vote away! hahahaha!" -Kang.

  57. Re:Matt 7:3 or for that matter Matt 22:21 by Anonymous Coward · · Score: 0

    Matt 22:21
    "Render therefore unto Caesar the things which are Caesar's"; but OTOH He never exactly said WHAT things are Caesar's... (hint; the answer is probably NOT "... well, let's go ask Caeser ").

    The US Constitution (the formal basis of any (US) governmetal authority (other than "I have a bigger gun than you do", of course )) does not limit the rights of the people; it limits the powers of the government... Amendment X: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

    ODDNESS: Posting as AC; $CAPTCHA="trials"

  58. It's not the FBI's job by kimvette · · Score: 1

    The FBI's abandoning its primary task of watching the watchers and instead invading the privacy of every American is PRECISELY why Google's and Apple's taking a stand is needed.

    Now with the FBI sucking up to Congress rather than scrutinizing them and instead continuing to defile our constitutional rights, who is left to watch the watchers? That WAS the job of the FBI.

    --
    The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
  59. I have nothing to say to this but... by istartedi · · Score: 1

    I have nothing to say to this but "the chair is against the wall". Also. "John has a long mustache" and X35DNK685.

    --
    For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
  60. PRIVACY THEATER!!!!!! by uCallHimDrJ0NES · · Score: 1

    Time for popcorn!!!

    --
    Cloudiot: A person who does not see offsite storage as a way to lose control over access to his or her own data.
  61. I don't get it... by MasseKid · · Score: 1

    I don't get how encryption can hurt public safety. The courts have been quite clear the government can get a warrant and force you to unencrypt your files. So the only thing the FBI has to fear here is if they were operating outside the bounds of the constitution and trying to avoid judicial scrutiny.

    1. Re:I don't get it... by Bob+the+Super+Hamste · · Score: 1

      Not really get a warrant and for you to decrypt in all cases. Right now they can only do that provided that you would not be further incriminating your self. The case in question is the In re Boucher case. Here border guards had already seen the portions of the drive's contents . Then there is the later US v. Kischner case that ruled it was a violation of a person's 5th Amendment right to force them to divulge their encryption password to produce evidence that could be used against them in that case. To further muddy the waters there is also the mess that is the US v. Fricosu case where a judge order the defendant to produce the password but a list of probable password was produced by her ex husband so the constitutionality of the order from the judge still remains in question since that issue was bypassed.

      IANAL YMMV.
      So what we can glean from these 3 cases is:
      1. Don't cross a border with your encrypted device on so encrypted material can be seen.
      2. Don't piss off your ex
      3. Don't be a pedo (why do all cases involving encryption seem to be pedo ones, yes I understand they are easy targets everyone hates) 4. This issue isn't decided and it seems the government doesn't want it resolved.

      --
      Time to offend someone
  62. Hey Comey, why don't you suck it? by ogdenk · · Score: 1

    Wow.... Had the FBI and NSA followed the law to the letter, this sort of thing wouldn't be necessary. Now they've f**ked up and made their jobs harder. It's just so sad.... cry me a river. They've proven the FBI and the NSA *CAN NOT* and *SHOULD NOT* be trusted. By anyone. And for the record, you don't get to tell software vendors or users what they can and can't do with their property. Comey can go f**k himself and the horse he rode in on. We don't need him or the FBI.

    Don't tread on me. 'nuff said.

  63. In a true democracy by Mister+Liberty · · Score: 1

    ... with separation of powers, the police have the good decency not to engage in matters of political policy, and on the occasion they do, they get slapped on the wrist.

  64. ZOMG! by slashmydots · · Score: 1

    I am literally a terrorist for not letting an FBI agent walk into my apartment at will and dig through my fridge. Same logic.

  65. Fraud by MrKaos · · Score: 1

    Used and implemented properly, encryption can also provide protection against fraud. It would seem though that the FBI would prefer to encourage agencies around the world to snoop rather than actually *prevent* crime.

    Still, I've heard that cops aren't exactly fond of doing the hard work of following proper protocols and procedures, opting for short cuts. It's a bit insulting that they constantly claim they don't have enough search and seize powers however when they start criticizing the one method that may protect my property from a criminal activity they will have no interest in pursuing, I'd give them the advice that any other employee would get:

    Stop complaining and do your job.

    --
    My ism, it's full of beliefs.
  66. Just because by Anonymous Coward · · Score: 0

    ... like kidnappings and robberies will go unsolved due to encryption ...

    Because kidnappers won't give the key to their list of encrypted demands.

    Because robbers won't leave the key to the deviously encrypted plans they conveniently dumped after the heist.

    Seriously, this argument is along the lines of "I speak French every time you can't hear me".

    What this spook is really demanding is an absence of digital privacy. With police around the world demand 'seize and search' powers, this dystopia will be coming to a traffic stop near you.

  67. The goobernmint brought this on themselves by msobkow · · Score: 2

    Had the goobernmint not let the NSA run roughshod over the constitution and the rights of people both foreign and domestic, the general public would not be baying for the means to keep them out.

    The goobernmint brought this upon themselves through their abuses.

    Screw 'em.

    --
    I do not fail; I succeed at finding out what does not work.
    1. Re:The goobernmint brought this on themselves by __aaltlg1547 · · Score: 1

      It would have come anyway, but possibly slower. There's also been the fappening, the Snappening, major store chains hit by hackers that stole credit card info... People are starting to wake up the reality of the digital age, and this is it: unencrypted data is not secure against bad actors who will use it against you. Encrypted data MIGHT be secure. At least it's better than unencrypted data.

  68. Obama Admin! by Anonymous Coward · · Score: 4, Interesting

    Why not "Obama Admin Continues Its Campaign Against Encryption"? If the Obama admin was against it, they'd fire him. Obama or Bush, the result is the same, the government does not want encryption.

    1. Re:Obama Admin! by Grishnakh · · Score: 4, Informative

      I don't remember the Bush administration having much to say about encryption. I do remember Clinton trying to ban all non-escrowed encryption and put Clipper chips in everything, however.

    2. Re:Obama Admin! by andydread · · Score: 1

      http://arstechnica.com/uncateg... This started during the Bush administration. Bush was illegally spying on americans. Illegally because there was no such thing as the patriot act when Bush stated the NSA spying.

    3. Re:Obama Admin! by Grishnakh · · Score: 3, Interesting

      Yes, I know Bush did a lot of spying, but that's different than encryption. Did any of Bush's honchos run around saying people shouldn't use encryption because the government needs to see it? Or pushing for laws banning the use of encryption, or trying to force everyone to have government-approved encryption chips with NSA backdoors built-in? Clinton did all of that, completely publicly, and now Obama's doing it.

      Maybe I'm misremembering things, but I do remember "strong" (>40-bit) encryption being illegal to export during the Clinton years, and this finally being relaxed during the Bush years because it was so stupid and everyone outside the US already had it.

      Yeah, Bush is evil and all, but I don't remember him being so obnoxiously paternalistic and publicly saying we should only be able to use computers with government backdoors; instead, he just did things behind everyone's backs.

    4. Re:Obama Admin! by ozmanjusri · · Score: 5, Insightful

      Why not "Obama Admin Continues Its Campaign Against Encryption"?

      Because they really don't care about the type of encryption Apple and Google are providing. They can get your (meta)data in so many other ways it's irrelevant.

      This faux outrage from the FBI stooge has nothing to do with any perceived difficulty in spying on citizens, it's about harm-management for the corporations that've been negatively affected by spying revelations. Nothing but smoke, mirrors, red herrings and misdirection all the way down.

      Don't believe a word of it, they've shown repeatedly they're self-serving and untrustworthy. Question everything they say and do, and ALWAYS look for the money trail.

      --
      "I've got more toys than Teruhisa Kitahara."
    5. Re:Obama Admin! by tburkhol · · Score: 1

      Yes, I know Bush did a lot of spying, but that's different than encryption. Did any of Bush's honchos run around saying people shouldn't use encryption because the government needs to see it? Or pushing for laws banning the use of encryption, or trying to force everyone to have government-approved encryption chips with NSA backdoors built-in?

      The Bush administration was running on the hope that the secrecy of their widespread wiretapping and the technical hurdles to encryption would result in few people using encryption. Which, of course, is exactly how it worked. Once the public became aware that the government was monitoring literally every phone call, text, and email, the public backlash has greatly expanded encryption. Don't imagine that a republican administration would be any more willing to let you keep your communication private. They might use different tactics, but secretly putting back doors in software is not really any better than a public campaign to install government backdoors in software.

      Personally, I think one of two things is going on here. 1) The administration actually is trying to gauge or influence people to accept the Glasshouse in exchange for "security." 2) Encryption is a red herring, and an actual counter based on a different technology/strategy has already implemented.

    6. Re:Obama Admin! by Grishnakh · · Score: 1

      >Don't imagine that a republican administration would be any more willing to let you keep your communication private. They might use different tactics, but secretly putting back doors in software is not really any better than a public campaign to install government backdoors in software.

      I completely disagree. Doing something subversive that people don't like is better. Because then, when people inevitably and eventually find out, they get angry and do something about it. With the Democrat method, they actually convince people this crap is good for them.

      If someone is going to screw me over, I'd rather them do it in a way that I don't know about it. There's nothing more annoying than someone screwing you over and gloating about it to your face.

      You might think the latter is better because people will know about it sooner, but most voters are usually ridiculously naive, and will actually believe everything their party leadership tells them. When they find out they've been lied to, they get angry and demand change. But with the Democrats, they were never lied to.

    7. Re:Obama Admin! by clementlachet · · Score: 1

      You are right, they don't really care about !

      --
      Developper for Bonus Binary Options
    8. Re:Obama Admin! by AmiMoJo · · Score: 1

      To be fair, that's mainly because good encryption had not become common and easy enough to use for it to be a problem. The NSA only nobbled TrueCrypt once it was causing them big problems, and had been seen to be secure if used correctly in a number criminal cases too. Then we had the Snowden leaks to catalyze the deployment of encryption on top.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    9. Re:Obama Admin! by Anonymous Coward · · Score: 0

      Why not "Obama Admin Continues Its Campaign Against Encryption"?

      Because they really don't care about the type of encryption Apple and Google are providing. They can get your (meta)data in so many other ways it's irrelevant.

      This faux outrage from the FBI stooge has nothing to do with any perceived difficulty in spying on citizens, it's about harm-management for the corporations that've been negatively affected by spying revelations. Nothing but smoke, mirrors, red herrings and misdirection all the way down.

      Don't believe a word of it, they've shown repeatedly they're self-serving and untrustworthy. Question everything they say and do, and ALWAYS look for the money trail.

      Exactly! This is fake outrage on the part of our beloved gov't to make us think that they'll no longer be able to spy on us. ...and most likely fake outrage on the part of Apple & co. making us believe that we're now safe from being spied on.

      This is a concerted PR strunt to undo Snowden's real damage which is limited to citizens discovering that our gov't lies.

    10. Re:Obama Admin! by Grishnakh · · Score: 1

      What are you talking about? We had good 128-bit encryption back in the Clinton years; that's what the whole "weak vs strong" encryption issue was about (only 40-bit crypto was allowed to be exported).

    11. Re:Obama Admin! by amxcoder · · Score: 2

      Patriot Act or not, American government spying on American citizens without SPECIFIC warrants obtained, per person, and per reason/article to collect, is illegal with or without the Patriot Act. The last time I looked and studied, the US Constitution is the highest law in the land, and supersedes any and all laws that contradict it. In other words, the Patriot Act doesn't make something that is illegal/unconstitutional suddenly legal or ok, or vise-versa.

      I also believe this to be true of all current gun restriction laws as well, but that's another discussion for another time.

    12. Re:Obama Admin! by andydread · · Score: 1

      Unfortunately I afraid i have to inform you that the supreme court has affirmed that it is constitutional. sigh. Maybe you can take it up with them.

    13. Re:Obama Admin! by amxcoder · · Score: 1

      Ok, let me add to what I originally said:

      I don't believe or accept that activist judges, whether in lower courts or even the Supreme court, have the REAL authority to bend, twist, reshape and misinterpret the rights spelled out in the Constitution (or any natural right) either.

      The Constitution isn't a 'living document', and doesn't have much areas up to interpretation, it's written rather straight forward. Those who claim there are plenty of room to interpret the size/scope and nuances of the Constitution usually have an angle and desire to change it. The whole 'living document' thing didn't exist until the Progressive Era, when progressives wanted to re-interpret it to mean what they thought it *should* say, not what it said. Since then, it was a downward slope.

      It was this 'living document' interpretation BS that has brought us 'free speech zones', 'hate speech' laws, gun control laws, lax warrant issuance, the federal government pre-empting state's authority/rights, and a recent example--the compulsive incrimination of forcing you to give up your encryption passwords. Sorry, but I don't care for what the 'living document' interpreters have given us in exchange over the last 100 years, cause it's usually not interpreted to give THE PEOPLE more rights, but less.

      To put it another way, all the government rights inherently come from Man's natural rights, THE PEOPLE willingly give up some of those rights and entrust it in a government body to handle situations larger than a single person can handle. But by having the Government decide the scope and interpretation of the rights allowed by it from THE PEOPLE, it effectively allows the government to decide how much of those rights to take away, or to afford THE PEOPLE. So how is this any different than the up-side-down thought, that rights come from the government and are given to people, and can thus be taken away at will by the government as well.

      So to counter your link, I don't personally give rip if some supreme court judges ruled it as constitutional by some liberal interpretation that was filtered by their own personal political views and an outcome that was determined by others with power prior to them making the 'decision' in the first place. The fact remains, that I and many others are not willing to relent our right to privacy, and right to "be secure in our person, effects and papers", no matter what judges have ruled. Same goes with some other rights as well that seem to be highly disdained by the political elite and constantly trying to be stolen from us in recent times.

    14. Re:Obama Admin! by Anonymous Coward · · Score: 0

      I was thinking the same thing.... They already have enough of your data stored, have enough exploits to circumvent or undercut levels of encryption (or outright break it), or don't care. This isn't something they are concerned about.

    15. Re:Obama Admin! by andydread · · Score: 1

      Well there are 5 rabidly conservative activist judges on the supreme court and they are the majority so much for that being a "progressive/liberal" thing. Look im not for goverment whether federal or state having ability to rummage though our persons, papers and effects. But your idea that "living document" is a progressive thing is patently false. They all have their agenda and they all are activists to that agenda. Take the second ammendment for example. It says arms and does not specify what arms it just says arms to me that means all arms. Yet you have people on the progressive side that says it means a musket because that is what they had back then so i don't see where that is advocating for "living document" I think machine guns, canons and rocket launchers should be legal as per the constitution because it does not specify muskets. However Reagan banned the people from owning machine guns manufactured after 1986. So to insinuate that one side is activist while the other is not is really not thinking clearly and getting caught up in the talk-radio brainwashing that comes from the other side. They are all activist all of them on the supreme court. Conservative and progressive every one of them.

    16. Re:Obama Admin! by amxcoder · · Score: 1

      I didn't say the "living document" was a "liberal" idea, I said it was a "progressive" creation. The only time I mentioned 'liberal' was when referring to 'liberal interpretation' and meant is in it's literal sense, that the constitution is being interpreted liberally, as in the definition of 'liberal' = not literal or strict.

      I stand by that it is a "progressive" creation, it was first coined by Prof. Howard McBain in 1927. He put forth the ideas of "living document" interpretation prior to that, including when he ran for president in 1912. [wikipedia].

      The "Progressive Era" was between the 1890's and the 1920's and is marked by such policy as "The New Deal", and the "2nd Bill of Rights". If you read the 2nd Bill of Rights, it is clearly the ideas of what the Progressive's in both current parties want today as well. This "Living Constitution" idea and policy, started to effect the courts and judges under Wilson and FDR during the "Progressive Era". This was also the era, because of the related policies, that government grew leaps and bounds in size and scope. It brought you the IRS, Social Security, Welfare programs, and other enormous monsters that still live on today.

      I would be the first to admit, that there are "progressives" on both sides of the isle these days. They may fight over different visions and desires, but make no mistake, there are progressives on both sides. However, the left is the side that seems to embrace it, and promote it, and mock those who don't consider themselves progressive. It was Hilary Clinton who came out and said it several years ago, when asked how she would describe her political viewpoints, and she responded that she would consider herself a "New Progressive". The Progressives have thoroughly infiltrated the Democrats/Left political organizations. They have also infiltrated the Republicans/Right side as well, however they haven't openly came out of the closet on the Right side yet, they still hide it, so as to grow in numbers and power like they did in the left. Their goal is similar, and that is why voting for either of the 2 major parties will not change a thing, because they are all corrupted, and they all want a giant government, with everyone dependent on them, they have little restriction in what they can do, and are in essence the 'big-brother nanny state'.

      I agree with you on the 2nd amendment deal, all arms should be allowed, no argument on that, that would be an original intent interpretation of the Constitution that I'm talking about. Regan may have banned owning them after 1986, (I'm sure it was because he was 'thinking of the children' LOL), I can't dispute this. But keep in mind, that prior to that even, full automatic weapons, while not banned, were so heavily regulated that they might as well have been (especially in some states). They were regulated dating back to, 1930's, just after the progressive era prohibition act brought about organized crime and massive gang wars that happened in the 20's. Prior to that time, you could mail order a Thompson sub-machine gun in the mail, with no registration, tax stamp, or background check required.

  69. Not worth the effort by s.petry · · Score: 1

    More often than not, I'm happy to hold dialogue on Philosophy and try to teach people. In this particular case, I see no benefit for doing so. Your comment is a tangent which won't invalidate any of my points. Therefor, I lack the energy to even try. That said, I'll give you a few points of history to study which will put you on the path to my perspective.

    1. Plato's The Republic. The whole thing, not just a single allegory or book. I don't expect you to get it at the first read, but rather grasp basic concepts and definitions. No offense is intended, I still learn new things every time I read the book. Frankly I have read at least 5 translations and each of those several times. I prefer "The Cambridge Text" version since it includes most of the historical references you need. As you suggested earlier, this requires a scholarly approach, not a glance or glimpse of the book. Main goals are to understand the definition of Justice, and "The Allegory of the Cave" completely. From Socrates's perspective it is the duty of the enlightened to free the masses from the cave, and that people will fight and to the death to remain in the cave.

    Next, study history. Start with Athens and it's fall and follow that up through the US Revolution and find the root causes for the revolutions. While surely we can find numerous corollary explanations, a main theme is that the masses are oppressed to a point where there is no choice but to revolt. If you don't like US History, try the French Revolution from roughly the same time period. If you don't like Western history, try the Bolshevik Revolution where again the oppressed masses was the theme of the revolution (with obviously different results than a Republic). More recently, we have the Ukraine which revolted for the same reasons, though in fairness quite different extremes. Constant revolutions in Africa and the Middle East over the same theme again. The difference in stability between the US and Egypt for example, is that Egypt's revolutions were not successful in removing entrenched people who behave as an oppressive oligarchy where the US built in numerous protections (which continually been revoked over the last couple of decades).

    --

    -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    1. Re:Not worth the effort by CRCulver · · Score: 1

      OK, I understand. "Your perspective" is that if revolutionaries commit violent acts against a peaceful opposition and betray the very cause they claim to fight for (namely "individual liberty"), then the guilt for this is not to be found in the revolutionaries who killed people peaceably advocating a different system, but in the prior political regime or the impersonal historical forces that gave them "no choice but to revolt" violently. Just claiming oppression and presenting yourself as an enlightened circle freeing the masses from bondage excuses you for killing, beating or burning down the houses of a portion of those masses. Thanks for clarifying your views.

      For what it's worth, I took a degree in Classics and, in the course of my Greek studies, I read the Republic along with several other Socratic dialogues. Yes, it's an interesting text (I still take my trusty Oxford Classical Texts copy down from the shelf every year or so to re-read the vision of Er), but among the rich variety of political viewpoints in the world and counter-arguments, it really counts for little, and for you to point to it as authoritive for your personal political views (and to post so obsessively about your political views in this news website on a variety of topics) just makes you look like a crank.

    2. Re:Not worth the effort by s.petry · · Score: 1

      Absolutely wrong on all accounts yet again. Instead of doing the work, you revert back to false claims and broken logic. Instead of making an attempt to show the theme I provided, oppression, was wrong you resort to personal attack. Instead of arguing against Socrates' Allegory of the Cave, you retort by attempting to belittle the work.

      So now that you have demonstrated that you can argue like a juvenile, demonstrate that you can debate like an adult. I have a feeling that you are simply trolling, so I won't hold my breath for any intellectual response.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

  70. fbi is full of sh*t by Anonymous Coward · · Score: 0

    Since when was a cell phone in general needed or even really used for kidnappings and robberies??? Most people with cell phones are well aware that they can be used as a tracking device which is far more dangerous to a criminal than securing the data on the phone.

  71. James Comey get a clue by Anonymous Coward · · Score: 0

    His blitz continues today with a speech that says encryption will hurt public safety.

    Clean your own house first. If you really wanted to help public safety you would start prosecuting crooked cops whenever they get caught on camera breaking the law. This would also help police departments regain some of their lost respect.

  72. Fucking idiot by Anonymous Coward · · Score: 0

    As if anybody gives a shit what he has to say.

  73. Encrypt or become a victim. Your choice. by gweihir · · Score: 1

    And not just a victim of fanatics that see terrorists and child-abuse images everywhere (apparently, pictures are now more evil than actually abusing children...), but also a victim of any better-equipped criminal hacking enterprise.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  74. Public safety? You don't really care 'bout that. by DaveyJJ · · Score: 1

    Alcohol consumption hurts public safety. Firearms hurt public safety. Tobacco hurts public safety. Irresponsible drivers hurt public safety. The Koch brothers hurt public safety. Influenza hurts public safety. Anti-vaxxers hurt public safety. Obesity and the food industry hurt public safety. This sort of public shit kills hundreds of thousands of your citizens a year, and you're worried about encryption on my smart phone?

    --
    DaveyJJ
  75. What part of the 4th Amendment... by Fnord666 · · Score: 1
    What part of

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,

    do these people not understand?

    --
    'The tyrant will always find pretext for his tyranny.' - Aesop's Fables
    1. Re:What part of the 4th Amendment... by Bob+the+Super+Hamste · · Score: 1
      I think it is this part:

      The right of the people

      --
      Time to offend someone
  76. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  77. And the criminals win... by melting_clock · · Score: 1

    Phone theft is a pretty common issue around the world. Smart phones have a lot of confidential personal and business information. They can also be used to compromise many online services used by the device that use email or SMS verification. Smart phones are very attractive targets for criminals.

    Encryption is one sensible precaution to reduce the damage done if a phone is stolen. Remotely wiping a stolen phone is another sensible precaution. These measures can be effective against criminals but can also make the job of law enforcement more difficult.

    Law enforcement seems to want us all to be less safe so their job can be easier, while they fail to deal with the criminals that we are trying to protect ourselves from. The FBI seems to be stating that they want to continue to be lazy and incompetent.

    It doesn't really matter what law enforcement wants anymore. Public awareness is increasing with leaking of nude celebrity pictures and other breaches that made the mainstream media. People want to be able to protect their data. Even if Google and Apple fail their customers by backing down there will be other commercial and free options for users to protect themselves.

  78. FBI is clever and you are being misled! by Anonymous Coward · · Score: 0

    The only reason James Comey whines about the dangers of encryption is because it will help people forget about the 99% probability of AES being broken and being selected exactly because it was known as broken within the NSA. It would be very foolish of the NSA to say that they can crack any crypto like a nut (except properly practiced OTP).

    It is my recommendation to use true 3-3-DES (not DES-X). That gives you only 96 bit effective strenght, but that 96 bit is very solid and no progresss has been made to lower it in recent years. Essentially, the NSA messed up, when they strengthened the original DES algorythm, arguing they can exhaust the 56-bit keyspace by playback from storage, thus no need to crack. However, they failed to consider that DES is very conductive to serial-connected multiple use, thus multiplying crypto strength at thre expense of somewhat miserable speed. On the other hand, today's CPU can run 3-3-DES faster than Carl Lewis.

  79. Lets ban whispering too! by Anonymous Coward · · Score: 0

    Or covering your mouth while talking!

  80. Re:F- Them! by Anonymous Coward · · Score: 0

    I just wanted to add another comment...

  81. Oblig? by loimprevisto · · Score: 1

    "You hold a [search warrant] on everyone on Earth and call it protection," he says. "This isn't freedom, this is fear."

    --
    Much Madness is divinest Sense --
    To a discerning Eye --
    Much Sense -- the starkest Madness
  82. The long and short of it is, by fredrated · · Score: 1

    James Comey is more dangerous than ISIS.

  83. (Re:The Children!) Why? I'm not a pedophile! by Anonymous Coward · · Score: 0

    Best power post ever

  84. Summary should say "former FBI director" by Anonymous Coward · · Score: 0

    The summary should describe this person as a former FBI director, since:

    1. The right to privacy is protected under the 9th Amendment, as a right "retained by the people", and the 10th Amendment, as a right "reserved to the people".
    2. Encryption is a means of protecting the right to privacy.
    3. FBI directors, like all police officers, all senior government officials, and all legal professionals, are required to swear oaths to uphold the Bill of Rights, such oaths being preconditions for holding these positions.

    As he has clearly demonstrated his unwillingness to abide by his oath, he fails to meet the precondition required for this position, and is thus a former FBI director. No act of Congress, no act of the President, no court order is required to implement this: the oath alone does so.

  85. Intel !? by Anonymous Coward · · Score: 0

    what the fuck does intel know about me?

    Captcha: worrying

  86. Uhhh, geee... by Gription · · Score: 1
    Did you read what you cited?

    ...
    The statute, outlawing the provision of “material support” to designated terrorist organizations, does not violate free-speech and free-association protections of the First Amendment, and it is not unconstitutionally vague, the majority justices declared...

    That doesn't come close to addressing encryption, warrants, or search and seizure. What The Hell?

  87. Good... Good... by DiEx-15 · · Score: 1
  88. Oy vey by Anonymous Coward · · Score: 0

    How will our greatest ally cope without our money and our secrets. It's like another shoah.