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Ron Wyden Introduces Bill To Ban FBI 'Backdoors' In Tech Products

An anonymous reader sends this report from The Verge: Senator Ron Wyden (D-OR) is trying to proactively block FBI head James Comey's request for new rules that make tapping into devices easier. The Secure Data Act would ban agencies from making manufacturers alter their products to allow easier surveillance or search, something Comey has said is necessary as encryption becomes more common and more sophisticated. "Strong encryption and sound computer security is the best way to keep Americans' data safe from hackers and foreign threats," said Wyden in a statement. "It is the best way to protect our constitutional rights at a time when a person's whole life can often be found on his or her smartphone."

109 comments

  1. This is bothersome by WindBourne · · Score: 4, Insightful

    When NSA was set up, it was to SPY on FOREIGN powers, while securing our own equipment. Now, it is bothersome that backdoors are being built into personal level equipment.

    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re: This is bothersome by Anonymous Coward · · Score: 0

      It still spies on foreign powers: the democracy

    2. Re:This is bothersome by Trepidity · · Score: 4, Interesting

      That's true as far as the NSA goes, but this is about the FBI, which was set up from the beginning to spy on Americans.

    3. Re:This is bothersome by Anonymous Coward · · Score: 1

      Huh. I can't really think of any other governments int he past century that have been known to massively spy on and intimidate their entire population - even to the point of being afraid to express themselves - can you? Hmm...

      Also, they didn't give a shit about the constitution; why the fuck would they give a shit about another law?

    4. Re:This is bothersome by thedonger · · Score: 3, Insightful

      Maybe the question we should ask is, How did we reach a point where we need a bill to prevent the government from forcing its will on manufacturers?

      --
      Help fight poverty: Punch a poor person.
    5. Re:This is bothersome by Anonymous Coward · · Score: 0

      Why? Do you think that this or W's admin were trying to intimidate our population? Nope.

    6. Re:This is bothersome by tiberus · · Score: 1

      Uh, China.

    7. Re:This is bothersome by Anonymous Coward · · Score: 0

      Huh. I can't really think of any other governments int he past century that have been known to massively spy on and intimidate their entire population

      Sarcasm, right? There is every dictatorship that ever were. Tyrants always have a secret police, spying on anyone who might want to resist/topple them.

      I can't think of any other democracy who have gone this route though. Democracies don't need to keep tabs on "opposition", because the opposition have the freedom to openly form opposing political parties.

      Well, Hitler's "democratically elected" government went this way - but it is also well known that the way they ensured victory in that election was anything but democratic.

    8. Re:This is bothersome by Anonymous Coward · · Score: 0

      Maybe you should ask how we got far enough ahead in technology that the government whined they wouldn't be able to spy on us easily enough...

    9. Re:This is bothersome by Opportunist · · Score: 1

      The NSA was always supposed to protect the status quo against people and organizations that would threaten it.

      It still does that.

      What changed is that the people and organizations that might want to overthrow government are no longer limited to people and organizations abroad.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    10. Re:This is bothersome by Opportunist · · Score: 3, Insightful

      Actually, the FBI was originally formed (and with good reason, I might want to add) to act as a federal (as compared to local) police force, with the duty to enforce federal law, especially where local forces cannot due to limits in their jurisdiction. It was supposed to close a loophole where a criminal can simply move to another state to escape prosecution.

      Only with Hoover it really started to suck.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    11. Re:This is bothersome by Anonymous Coward · · Score: 0

      This is a fucking democracy. Restructuring the government from within as a citizen via popular vote is written into the goddamned constitution. The only time a civilian in a democracy needs to overthrow the government is when it no longer functions as a Democracy - FOR THE PEOPLE, BY THE PEOPLE.

      Captcha: autocrat

    12. Re:This is bothersome by Anonymous+Brave+Guy · · Score: 1

      I can't think of any other democracy who have gone this route though.

      Then you're either not trying hard enough or not considering large parts of the Western first world to be democratic. They're pretty much all at it, with or without the meaningful consent or support of their populations. The US just has a bigger budget and a higher profile.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    13. Re:This is bothersome by Hamsterdan · · Score: 1

      So that's where the company's name comes from...

      --
      I've got better things to do tonight than die.
    14. Re:This is bothersome by squiggleslash · · Score: 2

      Only with Hoover it really started to suck.

      That's true, the pre-Hoover FBI was a model of how a government agency should be: it solved every case before it, never harassed or hurt the innocent, was honest, scrupulous, efficient, dependable...

      Then J. Edgar Hoover became its founding Director and it all went to hell...

      --
      You are not alone. This is not normal. None of this is normal.
    15. Re:This is bothersome by Wootery · · Score: 1

      This is something Eben Moglen discusses in his Freedom in the Cloud talks, which I strongly recommend.

    16. Re:This is bothersome by Opportunist · · Score: 1

      What gives you the idea that you're dealing with a democracy? Because of the political entertainment show every other year? C'mon, be realistic. In a democracy, you first and foremost actually have a choice. Now, it may be the distance that makes it hard to see, but I cannot really see any differences between the two parties you have in the US. They are, for every relevant case, the same. Tell me one important issue they do not agree on. And please don't come along with petty crap like abortion or gay marriage or anything that serves well as something that gets people upset but doesn't mean jack shit in terms of actual real world effects.

      And please don't tell me that "independent" candidates matter in the slightest in a winner-takes-all system. Neither when it comes to president elections where for over a century now it has always been a matter between two candidates backed by the two parties (or, more bluntly, for as long as the whole system exists a matter between the two ruling parties with exactly 2 notable exceptions during VERY exceptional times), nor when it comes to elections for senate or congress where there MIGHT just once in a blue moon some independent candidate may win, who will instantly be reduced to insignificance by the other few hundred elected bodies from either party.

      I think it's kinda cute that you really think the US is a democracy. Or if you prefer, call your two party dictatorship a republic. It's neither democracy nor republic in anything but name only.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    17. Re:This is bothersome by rtb61 · · Score: 1

      Now what do you think will happen to technology exports once laws pass that require the implementation of back doors in supposedly secure hardware and software. It will be no problem at all to force class action law suites in foreign countries to block the importation of these products where they infringe upon their constitutional rights.

      --
      Chaos - everything, everywhere, everywhen
    18. Re:This is bothersome by Lord+Flipper · · Score: 1

      Uh, China.

      (d)uh.... /sarcasm

    19. Re:This is bothersome by beastofburdon · · Score: 1

      Sadly you are correct. We have had nothing more than political theater for at least the past 50 years, likely closer to 100.

  2. Any other agencies or just the FBI... by Anonymous Coward · · Score: 1

    ...because I can think of one that's going to do it nomatter WHAT the law says...

    1. Re:Any other agencies or just the FBI... by Anonymous Coward · · Score: 0, Flamebait

      Does it matter? There are already laws to protect citizens from various overreaches. All of them have been ignored so far. What is needed is eradicating the budgets of the FBI and NSA completely. But that's not going to happen because "think of the children!" and "what about all scary men with beards on the other side of the world?". I think what is needed is for SCOTUS judges to grow some balls and start punishing politicians and various other high-ups. You know, throwing them in jail when they do really bad things. But that's unlikely to happen too, since they are all in bed with each other and corruption is apparently the driving force here. The term banana republic spring to mind. Some kind of modern take on it...

    2. Re:Any other agencies or just the FBI... by Strangely+Familiar · · Score: 3, Insightful

      The term banana republic spring to mind.

      Try Rome around 100-75 B.C. It fits better with the current political climate of corruption, and the erosion of public virtue. The democratic republic was/is dying in all but name. Rome was no banana republic, and the U.S. is not much like one either.

      --
      Join the IParty!
    3. Re:Any other agencies or just the FBI... by Opportunist · · Score: 4, Insightful

      The similarities between the Roman Empire and the US are actually stunning to behold.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    4. Re:Any other agencies or just the FBI... by Anonymous Coward · · Score: 0

      Only if you want to see them

    5. Re:Any other agencies or just the FBI... by lgw · · Score: 1

      I'm reminded of this every time a city I'm living in wants to spend another $30 million on another stadium. At least we've graduated to non-lethal violence for public entertainment.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    6. Re:Any other agencies or just the FBI... by Opportunist · · Score: 1

      You're not watching a lot of TV, are you? Just because one is fake and the other one disguised as news doesn't mean we're not into bloody entertainment anymore.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    7. Re:Any other agencies or just the FBI... by lgw · · Score: 1

      Fair point (and no, I haven't seen broadcast/cable TV in 10 years).

      --
      Socialism: a lie told by totalitarians and believed by fools.
    8. Re:Any other agencies or just the FBI... by Opportunist · · Score: 1

      You haven't missed much.

      You know, I still remember a time when news were, you know, news. Information. About what happened in the world. Stuff that matters. Today they're just thinly veiled commentary and opinion pieces supposed to broadcast a message to make you think and believe a certain way, spliced with blatant advertising that really insults the intellect of the reader by pretending he's stupid enough not to notice it.

      I really wonder sometimes why I still read it. Let alone comment on it...

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  3. How long until he gets a phone call... by Grog6 · · Score: 4, Insightful

    "You know, that's a nice life you have; drop the bill and none of your illegal activities come out."

    All congresscritters are criminals, so this won't take long to kill. :(

    You can't vote out the Gestapo.

    --
    Truth isn't Truth - Guliani
    1. Re:How long until he gets a phone call... by Immerman · · Score: 1

      Of course you can. Worst case scenario you have to cast a lot of lead ballots, starting with the upper management and working your way down.

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    2. Re:How long until he gets a phone call... by Anonymous Coward · · Score: 0

      Introducing bills is a joke. Introducing bullets is your only (fading)hope.

    3. Re:How long until he gets a phone call... by Aighearach · · Score: 1

      You derped all over yourself there. Your claim doesn't even survive the headline, you don't need to have read the summary. ;)

    4. Re:How long until he gets a phone call... by Anonymous Coward · · Score: 0

      This senator will find child pornography on his laptop within a week and will be never heard from again.

    5. Re:How long until he gets a phone call... by Anonymous Coward · · Score: 0

      no, you can't vote out gestapo.
      but you can vote in the good among your peers. peers is defined to be career non-politicians.
      and you can support this wyden guy when the gestapo comes for him just to publicly show the gestapo is fucked once and for all.

  4. "Make" or "convince" by jodido · · Score: 3, Insightful

    Wyden's proposal says agencies shouldn't be allowed to "make" manufacturers put in a back door. How about "convincing"? All big corporations are on the same side as the "agencies"--and the US Senate, for that matter.

    1. Re:"Make" or "convince" by ShanghaiBill · · Score: 4, Insightful

      All big corporations are on the same side as the "agencies"

      Not on this issue. Corporations are happy to help if it boosts their profits, or at least doesn't hurt them. But once these backdoors went public, the backlash has meant fewer sales for American tech. That hurts profits. If this bill fails, as is likely, more and more people will buy non-American tech, from countries they feel are more trustworthy, like China.

    2. Re:"Make" or "convince" by Anonymous Coward · · Score: 0

      how about putting a green shield or something that indicates that the device has no backdoors? If they still put a backdoor, then that's false advertising and cause of class action lawsuit.

    3. Re:"Make" or "convince" by Jason+Levine · · Score: 1

      Not to mention that an FBI backdoor might be exploited by a hacker and then this company's tech products will look horribly inferior to their competitor who didn't put in the back doors.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    4. Re:"Make" or "convince" by Anonymous Coward · · Score: 0

      then that's false advertising and cause of class action lawsuit.

      How is violating the constitution not cause for a class action lawsuit?

    5. Re:"Make" or "convince" by Aighearach · · Score: 1

      You're reading something into the layman's explanation that isn't in the bill. They aren't allowed to do it with a different word, either.

      Laws aren't that flexible. People make the mistake of thinking so because they don't realize that when lawyers are arguing about the meaning of a word, it is a technical jargon word that laypeople don't understand. A law never means a different thing just based on what word you use to describe your behavior.

    6. Re:"Make" or "convince" by Anonymous Coward · · Score: 0

      The real question is - who is going to enforce this?

      You have both a situation where the people who this bill is designed to limit are the ones who are supposed to enforce it, combined with an unchecked power of the executive branch to simply not execute any laws that they deem unnecessary, at their whim. Citizens lose even if the bill passes with unanimous support. There cannot be any power in this bill, until the government actually responds to FOIA requests in a timely manner and stops losing data when convenient.

    7. Re:"Make" or "convince" by ShaunC · · Score: 1

      Who are you going to sue? The federal government must explicitly allow you to sue them. Guess what, they don't do that very often.

      --
      Thanks to the War on Drugs, it's easier to buy meth than it is to buy cold medicine!
  5. Mister Potato Head! by leftistconservative · · Score: 2

    Back doors are not a secret!

  6. Re:You don't need to switch it on by Anonymous Coward · · Score: 0

    Only if they're the CEO of the company that made it.

  7. The killer bees are already out of the jar by chitselb · · Score: 3, Insightful

    Phil Zimmermann's PGP already put crypto in the hands of the masses. It was a little cumbersome to use, even back in the '90s, but it's there. Anybody who wants good crypto, even on their phone, can probably find it and set it up. That group especially includes what I will call dedicated professional terrorists. FBI tapping into vanilla off-the-shelf iPhones will not catch them. This bill is about the common tech carried by the common man.

    --
    never ask a question you don't want to know the answer to
    1. Re:The killer bees are already out of the jar by timeOday · · Score: 4, Interesting

      The idea of encryption as a silver bullet is a myth. PGP accomplishes nothing on a compromised host (at either end), which is what this bill is about. (This on top of the fact that PGP accomplishes nothing on hosts on which it is not installed, which is to say, effectively all of them).

  8. Why only FBI? by Trachman · · Score: 4, Interesting

    All of this would not be necessary, if existing laws would be enforced the way they were intended to. What is here not to understand " ... secure in their persons, houses, papers and effects".

    The moment you start slicing and dicing and qualifying, the next moment another interpretation will be drafted that allows to bypass any new law.

    The truth is people were spied all the times, but when it became easier to do so due to the technologies and the scale of spying became difficult to hide, then the new laws were carved out, "while the freedoms are protected".

    Key lesson: calling the the laws in a manner opposite to what it does.
        Patriot act is not patriotic.
        Affordable care is not affordable to most of the working people.
        FBI backdoor ban, will put more resources on another secret agency which is not banned.

    Why FBI, why DHS, why not all of them?

    1. Re:Why only FBI? by Meneth · · Score: 5, Informative

      Actually, the bill text says "no agency may mandate...", so it ought to cover the DHS and NSA as well.

      However, since most (all?) government-induced vulnerabilities so far have been "suggested", rather than "mandated", I'm unsure how effective this bill would be.

    2. Re:Why only FBI? by TubeSteak · · Score: 2

      All of this would not be necessary, if existing laws would be enforced the way they were intended to. What is here not to understand " ... secure in their persons, houses, papers and effects".

      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 FBI's problem is that, soon, even warrants won't be sufficient to pry open the encryption protecting consumer level devices.

      --
      [Fuck Beta]
      o0t!
    3. Re:Why only FBI? by Anonymous Coward · · Score: 0

      Yes, that is their problem. The point is, it should not be made to be the manufacturers problem.

    4. Re:Why only FBI? by tburkhol · · Score: 1

      All of this would not be necessary, if existing laws would be enforced the way they were intended to. What is here not to understand " ... secure in their persons, houses, papers and effects".

      The problem is that they cease to be your papers and effects if you give them to someone else. That letter you sent to your girlfriend - she's free to pass it on to the police or to post it on imagur if she likes. That request you sent to Comcast for a route to www.alquaeda.ir - they are free to give it to the NSA if they like.

      Generally, one imagines that your girlfriend is not going to consent to a FBI request for all you past communications, because her privacy is at risk, too. But what motivates Time Warner to refuse the NSA? We need to close this conceptual loophole where data that traverses your ISP's network is considered the ISP's data.

    5. Re:Why only FBI? by Anonymous Coward · · Score: 1

      Actually, since the devices are made in China, there will be backdoors aplenty... but not backdoors accessible to the FBI.

    6. Re:Why only FBI? by Anonymous Coward · · Score: 0

      The FBI's problem is that, soon, even warrants won't be sufficient to pry open the encryption protecting consumer level devices.

      If they have a warrant, they'll have no problem with a consumer device. "We have a warrant. Decrypt your phone or we arrest you". This is similiar to "We have a search warrant. Tell your guards to step aside, and open your safe for us. Or we arrest you."

      Sane people will then unlock their phone, decrypt e-mail or whatever. The encryption may be strong enough that they can't crack it - but why bother with that when you can seize the persons involved?

      You may also have a safe that the FBI cannot open - such as one with a self-destruct that trigger after a couple of wrong codes or drilling attempts. They will never find that cocaine/counterfeit money - a ClF3 trap will erase any evidence should they try. (And perhaps bring down the building as a side-effect.)

    7. Re:Why only FBI? by Trailer+Trash · · Score: 1

      All of this would not be necessary, if existing laws would be enforced the way they were intended to. What is here not to understand " ... secure in their persons, houses, papers and effects".

      The biggest problem with the Bill of Rights (and almost every other law intended to restrict governmental employees) is that it doesn't include any civil or criminal penalties. Think about it.

      Read through the code of any state or the federal government and you'll see stuff like this (from the TN code, random clicking):

      56-26-128. Violations -- Penalty.

      Any person, firm, partnership or corporation willfully violating any provision of 56-26-125 or 56-26-126 shall be liable for the civil penalty provided in 56-26-123.

      Or a criminal example:

      66-11-206. Noncompliance by contractor -- Misdemeanor -- Penalties -- Owner remedies.

      (a) In the event that any materialmen's liens or mechanics' liens are perfected, filed or enforced under the provisions of part 1 of this chapter against any real estate for transactions covered under 66-11-203 and 66-11-205 and the contractor has not complied with 66-11-203 and 66-11-205 or if having technically complied with the provisions of this part has willfully, knowingly and unlawfully falsified any statements or fraudulently obtained any permission, the contractor commits a Class B misdemeanor.

      Again, random clicking. Now, let's see what happens when it's governmental employees being targeted by a law. Let's look at the open meetings law as an example:

      8-44-106. Enforcement -- Jurisdiction.

      (a) The circuit courts, chancery courts, and other courts which have equity jurisdiction, have jurisdiction to issue injunctions, impose penalties, and otherwise enforce the purposes of this part upon application of any citizen of this state.

      (b) In each suit brought under this part, the court shall file written findings of fact and conclusions of law and final judgments, which shall also be recorded in the minutes of the body involved.

      (c) The court shall permanently enjoin any person adjudged by it in violation of this part from further violation of this part. Each separate occurrence of such meetings not held in accordance with this part constitutes a separate violation.

      (d) The final judgment or decree in each suit shall state that the court retains jurisdiction over the parties and subject matter for a period of one (1) year from date of entry, and the court shall order the defendants to report in writing semiannually to the court of their compliance with this part.

      This section deals with open meetings and all that. Here's the "enforcement" part. Note that there are no civil or criminal penalties - if you're not happy you have to get a lawyer and sue and then you get a court order. Note that paragraph c says that "Each separate occurrence of such meetings not held in accordance with this part constitutes a separate violation" which is nice, but since there are no actual penalties for violating this statute it's kind of irrelevant. Where "kind of" means "completely".

      Now I know you're thinking "but after you pay a lawyer a few thousand dollars out of your own pocket to convince a judge to issue an order the people not holding open meetings will be held in contempt of court! Yeah, it's gonna suck for them!" Technically, yes, but try to find an example of that in real life.

      The only statute of which I'm aware that lays out specific penalties of any kind of rogue governmental workers is the Florida code, 790.33 (the "Joe Carlucci Uniform Firearms Act"). It's hardcore (as it *should* be). It gives the state and the state only the ability to regulate firearms. No local body may make laws that override the state's laws in this area, and no law enforcement officer may enforce such laws. Here's the money shot:

      (c)If the court determines that a violation was knowing and willful, the court shall assess a civil

    8. Re:Why only FBI? by jittles · · Score: 1

      The FBI's problem is that, soon, even warrants won't be sufficient to pry open the encryption protecting consumer level devices.

      Yep, that's the FBI's problem. Tough cookies. If FBI agents want an easy job, they should become software developers or managers or something. Law enforcement has these restrictions put upon them to make it difficult. Not because we support crime, but because it's the agents are in a position of power and need to be kept under control.

    9. Re:Why only FBI? by Anonymous Coward · · Score: 0

      You mean they will have to do real police work again?

    10. Re:Why only FBI? by JesseMcDonald · · Score: 2

      If they have a warrant, they'll have no problem with a consumer device. "We have a warrant. Decrypt your phone or we arrest you". This is similiar to "We have a search warrant. Tell your guards to step aside, and open your safe for us. Or we arrest you."

      The warrant means that you have to stand aside while they perform the indicated search or seizure. It doesn't mean you have to help them. (You might choose to open the safe rather than see it destroyed when they're going to get into it one way or the other. That doesn't really apply to encrypted data.) If they want your assistance in gathering information then they need a subpoena, not a warrant, and that comes with a different set of restrictions and penalties for non-compliance.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    11. Re:Why only FBI? by Anonymous Coward · · Score: 0

      "No agency". Not only "agencies" do the dirty work. How about another scenario. NSA/FBI give money to Israel agencies (that is what they currently do). In return they receive the data, with a little less knowledge how it was received.

      There are many ways to skin the cat.

    12. Re:Why only FBI? by Anonymous Coward · · Score: 0

      Why go so far? They have Canada right next door, many members of the Canadian military work at Fort Meade. I'm not sure if the US has members working at CFB Letriem, but would not be surprised.

    13. Re:Why only FBI? by ic3m4n1 · · Score: 1

      It will be effective for Government and corporations to sell their wares. No we don't do that anymore our responsible government has made it illegal.

    14. Re:Why only FBI? by Aighearach · · Score: 1

      This is a lot more likely. The relationship with Israel is more nuanced. They would be used sometimes, but they're not a default go-to. Canada is a dear friend all the time in any country, though.

    15. Re:Why only FBI? by Aighearach · · Score: 2

      Warrants are already insufficient to pry open safes and encrypted drives.

      The warrant gets them the safe or encrypted drive. Opening it? That is what subpoenas are for.

      If they don't have a case, they don't really need the data. If they have a case, they can get the data. Nothing changes for cases where they are following the law and getting warrants.

      This only inconveniences dragnet searches that are probably illegal anyways, or would be if judges had the courage to allow the victim standing to challenge.

    16. Re:Why only FBI? by drinkypoo · · Score: 1

      Sane people will then unlock their phone, decrypt e-mail or whatever.

      Sane people don't keep secrets lying around where they can be found, like in their phone or e-mail or whatever. You delete that shit when you're done with it. Then it doesn't matter if you give up your passwords. There's nothing to find. The cleverest criminals aren't breaking any laws, so they can hide in plain sight — behind nothing but public ignorance.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    17. Re:Why only FBI? by Anonymous Coward · · Score: 0

      Actually, since the devices are made in China, there will be backdoors aplenty... but not backdoors accessible to the FBI.

      Massive bribes to Chinese OEMs can fix that easily.

    18. Re:Why only FBI? by Anonymous Coward · · Score: 0

      Yeah, they can just farm out the dirty work to contractors, similar to how mercenaries are used more to fight wars now.

  9. Mister Potato Head! by Anonymous Coward · · Score: 1

    Back doors are not a secret!

    Yeah, but you're giving away our best tricks!

  10. Enjoy your EXTRA BIG ASS FRIES! by Anonymous Coward · · Score: 0

    President Camacho: Shit. I know shit's bad right now, with all that starving bullshit, and the dust storms, and we are running out of french fries and burrito coverings. But I got a solution.

    South Carolina Representative # 1: That's what you said last time, dipshit!

    South Carolina Representative # 2: Yeah, I got a solution, you're a dick! South Carolina, what's up!

  11. Lawful Interception by Anonymous Coward · · Score: 0

    LI is already a requirement all governments put on telecom equipment, it's an integral part of all telecom networks now.

    FBI doesn't make the telecom equipment companies include that capacity. It's a selling point.

  12. Re:I'm SURE Obama would sign such a bill by iggymanz · · Score: 2, Insightful

    some of your items are funny, even though I'm not an Obama fan.

    "punishes Syria for using chemical weapons against its populace", not our problem how a foreign government puts down internal rebellion. If enough people in Syria think that's bad, they can make a new government. would you rather those people were killed with guns? dead is dead, and Syria wa not a signatory to any ban on chemical weapons.

    Hold Putin accountable for invading Ukraine..how would Obama do that exactly, we already have sanctions. Start World War III? Ukraine should have become prospective NATO member, but they turned that down and so get to go things alone.

    balances the budget - not with Congress porkers we'll never do that

  13. It will never pass and not for the reasons by Stan92057 · · Score: 4, Insightful

    It will never pass and not for the reasons many here might think. Other lawmakers will try to put other stuff/attachments in the bill that has zero to do with the bill. for example fund spy cameras for the police or fund something that will never pass, poisoning the bill. This is how all good bills are destroyed and making those who voted against the bill look like the evil doers when in fact they are voting against the bill because it contains SHIT.

    --
    Jack of all trades,master of none
    1. Re:It will never pass and not for the reasons by Anonymous Coward · · Score: 0

      As a uk resident i have often wondered how the American legal and governing systems ever became so utterly corrupt?
      Adding stuff to a bill for judgment should just not be allowed period! Never mind any reasons for it. It prevents the original bill from getting honest consideration.

      If it 'has' to be possible it must be by being signed of by whoever is in charge ( ie the president ) and they must be willing to take the consequences if it's a bad move! ie none of the 'the president cant do wrong shit'

      It's like the legal system in the us we see it from here were some jumped up twat with a huge expense account add stupid unrelated charges to some poor low-life
      so it becomes admit this and get ten years or don't and get true life in the slammer!

      Note: I don't claim the system here is much better! ( it's not it's just a bit less in your face )
      Spanner

    2. Re:It will never pass and not for the reasons by Anonymous Coward · · Score: 0

      That's funny. Why are there enough votes to add the amendments, but not enough votes to pass the monster they've made? Perhaps its because some of the people voting for that shit are doing it just so they have an excuse to vote against the bill in the end?

    3. Re:It will never pass and not for the reasons by CrimsonAvenger · · Score: 0

      It isn't intended to pass.

      If he really gave a rat's ass about it, he wouldn't have waited till he was in a lame duck Senate to propose this.

      This is all about getting some good press for himself and possibly the Dems in general, and bad press for the Reps coming in next month who'll actually have to vote on this bill. "See?!? WE wanted to fix this horrible thing, but those EEEEVVIIILLL Republicans stopped us!!!!!!"

      Be a terrible shame if there were enough Tea Party types (or sympathizers, at least) in the Senate next year to actually approve this bill and make it law....

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    4. Re:It will never pass and not for the reasons by MobyDisk · · Score: 0

      Very wise question. Is it because the amendments are made by committees?

      IMHO, this is one of the problems with the US system. The constitution grants the houses the ability to govern themselves. So while a bill requires a simple majority to pass, there are lots of other votes that must happen before the bill can even be voted upon. There are rules static when a bill can be introduced, how amendments are added, how it gets out of committee, and how it comes to the floor for vote. So in the end, a senator/representation can't just propose X and bring it up for a vote. At that point, is it really democracy any longer?

    5. Re:It will never pass and not for the reasons by Anonymous Coward · · Score: 0

      Considering that the Republicans have to run to appease the Tea Party wing or lose Super Pac astroturf funding, what is stopping them from getting it voted into law? Are they going to dig in their heels and do nothing, because Obama decided to not deport people that were not likely going to be deported anyways, for their concept of revenge?

      The Tea Party voters may care about the issues, but those they elect into office don't. They just want to put on a show, and that is generally true for most in both of the major parties. They vote for their next election cycle, not for the ones they represent.

    6. Re:It will never pass and not for the reasons by Obfuscant · · Score: 0

      If he really gave a rat's ass about it, he wouldn't have waited till he was in a lame duck Senate to propose this.

      This, in spades.

      If he really gave a rat's ass, he wouldn't have sat back before the NSA/Snowden revelations saying "you don't know the half of it". He was on the Senate committee that oversees such things and was fully briefed on it, and did nothing to stop it.

      This is all about getting some good press for himself and possibly the Dems in general,

      That's what Wyden is all about. I live in his state. I've seen him work and how he runs campaigns.

    7. Re:It will never pass and not for the reasons by swb · · Score: 2

      If he really gave a rat's ass about it, he wouldn't have waited till he was in a lame duck Senate to propose this.

      Lame duck sessions are the ideal time to get controversial bills passed. Lame ducks can vote on anything they want without giving a shit about constituents, contributions, or their caucus. They can vote their conscience, such as it is, without any concerns of political liability. He might get enough lame duck support to create a groundswell of support plus the public PR necessary to sway returning legislators who were otherwise on the fence or even opposed.

      He's also taking advantage of the (at least as of today, until the next batch of nude celebrities comes out) the current wave of unpopularity with law enforcement generally. "A child will die" is laughable in most cases, but it's possible that right now many people might look at that and say "Yeah, when you choke them or shoot them for writing on the sidewalk with chalk." Sympathy for the police isn't real high right now.

      The primary downsides are the length of the lame duck session and the lame ducks who don't bother showing up for roll calls. The session length can be mitigated by lame duck support that moves the bill forward enough that it can be easily resurrected in the next session without starting all over again.

    8. Re:It will never pass and not for the reasons by the_saint1138 · · Score: 1

      This hits the nail on the head.

      Although I do look forward to seeing which politicians vote against it -- in the unlikely event that it comes to a vote, that is.

    9. Re:It will never pass and not for the reasons by Obfuscant · · Score: 1

      Lame duck sessions are the ideal time to get controversial bills passed. Lame ducks can vote on anything they want without giving a shit about constituents, contributions, or their caucus.

      This applies only to those who were not re-elected to congress. All the rest -- that majority -- still have to worry about the next re-election bid.

    10. Re:It will never pass and not for the reasons by linuxguy · · Score: 1

      If he really gave a rat's ass about it, he wouldn't have waited till he was in a lame duck Senate to propose this.

      Ron Wyden isn't going anywhere anytime soon. He is in office until 2016!

      This is all about getting some good press for himself and possibly the Dems in general, and bad press for the Reps coming in next month who'll actually have to vote on this bill. "See?!? WE wanted to fix this horrible thing, but those EEEEVVIIILLL Republicans stopped us!!!!!!"

      Honest question. Why would Republicans not support this bill?

      Be a terrible shame if there were enough Tea Party types (or sympathizers, at least) in the Senate next year to actually approve this bill and make it law....

      Last time I checked, tea partiers were all Republicans.

    11. Re:It will never pass and not for the reasons by CrimsonAvenger · · Score: 0

      Ron Wyden isn't going anywhere anytime soon. He is in office until 2016!

      No, but the Senate that he's asking to vote on this bill will disappear in about two weeks, and never be seen again.

      If Wyden really wanted the bill made into law, he'd have waited till the new Congress was in session. Or even done it four years ago when the House and Senate were both controlled by Dems.

      Honest question. Why would Republicans not support this bill?

      Because the Dems proposed it?

      Seriously, if such a bill had bipartisan support, why wait till the last two weeks before your Party loses control of the Senate to propose it?

      Last time I checked, tea partiers were all Republicans.

      But with the media's portrayal of the Tea Party as a bunch of Snidely Whiplash grade villains, it's just possible that some people who ran under the Republican banner might have decided to not advertise their own Tea Party sympathies....

      Note, for the record, that I have no reason to believe that ANYONE in either Party actually wants this bill to pass. If the Dems had wanted it passed, they could have done so years ago. Likewise the Reps.

      But either or both Parties would be quite willing to use such a bill to embarrass the other Party (which is what I believe is happening here).

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    12. Re:It will never pass and not for the reasons by Anonymous Coward · · Score: 0

      There's kind of a big fight over conservatism in the Republican party. For example, Boehner and McConnell are completely and utterly despised by anyone that is Tea Party-ish (either Democrat or Republican, yes there are Democrats who are involved in supportive roles in Tea Party stuff!), and they hate them with outright passion as well, enough to spend millions to support Democrats that were opposing them in local elections. Many Tea Party people may be "Republican", but their intent is not to side with the Republican leadership on anything, and rather to *change* it.

    13. Re:It will never pass and not for the reasons by Obfuscant · · Score: 0

      Honest question. Why would Republicans not support this bill?

      Good question. And completely unanswerable based solely on the description of the bill here on /.. (How DO you properly end a sentence that ends with '/.'?)

      But if you read the bill (pdf), you might find some clues. For example:

      (a) IN GENERAL. -- Except as provided in subsection (b), no agency may mandate that a manufacturer, developer, or seller of covered products design or alter the security functions in its product or service to allow the surveillance of any user of such product or service, or to allow the physical search of such product, by any agency.

      How broad can you get with your paintbrush? An interesting interpretation of this might be that the FCC regulations for emissions no longer apply, because a cellphone can be "surveilled" by following the signals it emits using the FCC standards. E911 info is FCC mandated surveillance, as well, in very broad terms.

      Maybe the "exception" paragraph?

      (b) EXCEPTION. -- Subsection (a) shall not apply to mandates authorized under the Communications Assistance for Law Enforcement Act (47 U.S.C. 1001 et seq.).

      So this law is already watered down by CALEA. And what is a "covered product"? Here you go:

      (2) the term "covered product means any computer hardware, computer software, or electronic device that is made available to the general public.

      Emphasis mine.

      Or maybe it will be voted down when it becomes an amendment, as it was in the house?

      In the House of Representatives, Rep. Zoe Lofgren (D-CA) took up the issue of government encryption rules earlier this year. She passed an amendment to the annual defense funding bill ...

      She didn't actually pass the amendment, she proposed the amendment and the house passed it. In any case, it was a rider to an otherwise unrelated bill. It is a standard ploy to attach unrelated things, and when one side votes against the part they don't like, they get painted in pubic as being against the other part they could accept. That's why there is talk of a "line item veto" from time to time, to remove the President from the "all or nothing" game.

      Or maybe they'll vote against it because of what it is: a political game played by a master gamesman, who chose now to do something when he could have done it long ago. All this NSA stuff that got leaked -- he knew it before it got leaked. He's on the committee that has regulatory oversight to that agency. Did he do anything when he found out what they were doing? No.

    14. Re:It will never pass and not for the reasons by Anonymous Coward · · Score: 1

      All this NSA stuff that got leaked -- he knew it before it got leaked. He's on the committee that has regulatory oversight to that agency. Did he do anything when he found out what they were doing? No.

      Wow are you wrong. Seriously, overwhelming, jaw-droppingly-stupidly wrong.

      With NSA revelations, Sen. Ron Wyden’s vague privacy warnings finally become clear

      It was one of the strangest personal crusades on Capitol Hill: For years, Sen. Ron Wyden said he was worried that intelligence agencies were violating Americans’ privacy.

      But he couldn’t say how. That was a secret.

      Wyden’s outrage, he said, stemmed from top-secret information he had learned as a member of the Senate Intelligence Committee. But Wyden (D-Ore.) was bound by secrecy rules, unable to reveal what he knew.

      Everything but his unhappiness had to be classified. So Wyden stuck to speeches that were dire but vague. And often ignored.

      Do you know who the Senator was who asked that question that showed that Clapper was lying? Go on. Guess.

      This is real the reason why the US government is in such sad shape. Even the people who are with-it enough to know there's a problem, are such morons they can't manage to figure out who their friends are on an issue.

    15. Re:It will never pass and not for the reasons by Obfuscant · · Score: 1

      Wow are you wrong. Seriously, overwhelming, jaw-droppingly-stupidly wrong.

      And then you provide a quote that proves I am right. Thanks.

      It was one of the strangest personal crusades on Capitol Hill: For years, Sen. Ron Wyden said he was worried that intelligence agencies were violating Americans' privacy. But he couldn't say how. That was a secret.

      He wasn't "worried" they were, he KNEW they were. He knew and did nothing but issue "vague warnings". It was a SEEcret, you see. And as a US Senator with a mandate to serve the public who elected him, he didn't.

      But Wyden (D-Ore.) was bound by secrecy rules, unable to reveal what he knew.

      Those "secrecy rules" would not prevent him from writing exactly the bill he's being lauded for writing now. It would not have prevented him from writing a bill to prohibit what was happening. It would not have prevented him from doing a lot of things. All the secrecy laws kept him from doing was telling the public the specifics, but "telling the public" isn't how you get these things stopped. Nothing is still nothing.

      Do you know who the Senator was who asked that question that showed that Clapper was lying? Go on. Guess.

      Wow, he proved someone lied to congress. He didn't do anything to stop what they had been doing while they were doing it, but after they did it long enough he asked a question. I'm impressed.

      Even the people who are with-it enough to know there's a problem, are such morons they can't manage to figure out who their friends are on an issue.

      Yes, I agree. And to know who their friends aren't. The fact remains: Wyden could have easily written such a shotgun bill the day he found out what was going on, but he chose not to. He's not the friend you think he is.

    16. Re:It will never pass and not for the reasons by Anonymous Coward · · Score: 0

      that's why you need to support single issue voting. once line, one subject, one thing... thumbs up or thumbs down, and track who votes for what and why precisely. none of this mashup bullshit.

  14. Re: You don't need to switch it on by Anonymous Coward · · Score: 1

    I have a backdoor, but it's one way, so I use an Android phone.

  15. Re:I'm SURE Obama would sign such a bill by Anonymous Coward · · Score: 1

    "punishes Syria for using chemical weapons against its populace", not our problem how a foreign government puts down internal rebellion. If enough people in Syria think that's bad, they can make a new government.

    I think they did.

  16. Re:I'm SURE Obama would sign such a bill by CrimsonAvenger · · Score: 1

    "punishes Syria for using chemical weapons against its populace", not our problem how a foreign government puts down internal rebellion.

    But, but, but...chemical weapons are WMDs!!!

    And technically, the anti-proliferation Treaties and such DO make it our business when WMD's are being used....

    Note, for the record, that I personally think adding chemical weapons to the WMD list was probably a serious mistake. But they did, which provided an excuse for an invasion or Iraq, SHOULD HAVE provided a justification for the invasion of Syria years ago, plus intervention in Ukraine and some other places.....

    --

    "I do not agree with what you say, but I will defend to the death your right to say it"
  17. Re: by Anonymous Coward · · Score: 0

    China - trustworthy?

    Sure...

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

    I'm independent of both US and China and I trust Chinese hardware a lot more than US hardware with regards to back doors thank you very much.

  19. I heard about this one. by Anonymous Coward · · Score: 0

    Isn't this one called the "Please Stop Breaking The Law Bill"?

  20. I'm just curious... by Anonymous Coward · · Score: 0

    Being that the NSA is already, clearly conducting a blatantly illegal surveillance operation and has a blank cheque to do so from at least two presidents at this point...what makes these happy-go-lucky representatives like Wyden think that they're actually going to comply? They've been caught red-handed and the response to every leaked Snowden document is essentially the same... "Yeah, we are doing that and there's nothing you can do to stop us. Don't worry though, it's in your best interest because TERRORISM."

    The only way to win this game is not to play. Stop buying smartphones and tablets for one. I bet you'd be surprised just how quickly companies like Apple and Samsung stop pandering to the NSA when it hits them square in the wallet.

  21. Re: I'm SURE Obama would sign such a bill by Anonymous Coward · · Score: 0

    Close Gitmo? He tried that. Republicans blocked him from doing so. Seems they're afraid of actually trying and convicting people in US courts. If they could convict all of them. What they're really afraid of is the stories of how some of those people came to be there while they were in power. That would reveal what a pile of crap their war on terror really is.

  22. Re:I'm SURE Obama would sign such a bill by Anonymous Coward · · Score: 0

    SHOULD HAVE provided a justification for the invasion of Syria

    Okay Team Murica, World Police... go shove it.

  23. It doesn't matter. by Anonymous Coward · · Score: 0

    The bill might make people feel better about the tech, but it won't actually stop the FBI from mandating back doors and putting gag orders on the businesses that implement them. They operate above the law, so passing laws does nothing.

    Until we have actual transparency, their corruption will continue.

    And to answer your question about how we reached this point, there is no mystery. Governments *always* want to do this sort of thing. It is just part of how they operate. Only the naive ever believed this sort of thing wasn't going on.

  24. Re: I'm SURE Obama would sign such a bill by MerlynEmrys67 · · Score: 1
    Since when do you "try" enemy soldiers in civilian courts during war?

    Do you think we tried all of the Japanese/Italian/German soldiers during WW II?
    Do you think we tried any of the central soldiers during WW I
    Do you think we tried any Korean soldiers during the Korean War?
    This is a silly fallacy that we have that these people deserve a trial, and if convicted get to stay in prison. I am sorry - that is not how our international treaties work, enemy combatants are kept until the war is over (remember that we actually did declare war here, this isn't a police action). When the war is over we release the prisoners back to their home countries.

    To be quite honest here, many of the remaining prisoners at Gitmo can't be released because their home countries aren't stupid enough to take them back... We tried and they don't want them either. What should we do?

    --
    I have mod points and I am not afraid to use them
  25. Re:I'm SURE Obama would sign such a bill by iggymanz · · Score: 1

    or, that's no concern of ours what government of a backwards, third world toilet does. We only make things worse for ourselves intervening. We turned Iraq where Al-Qaeda wasn't into terrorist recruiting and playground...

  26. Re:I'm SURE Obama would sign such a bill by iggymanz · · Score: 1

    incidentally, we provided Saddam with the money and dual-use tech to make chemical weapons. How stupid and ham-fisted does that look U.S. to look to call those weapons we made possible WMD and then invade?

    U.S. middle east policy is beyond moronic

  27. Re: by Aighearach · · Score: 1

    That's why the US intelligence agencies will always know what you're doing. You believe in security theater, home-made variety.

  28. Dangerous by Anonymous Coward · · Score: 0

    After his bill sees all the amendments and alterations, what it will do is drive a legal bulldozer through the front door ensuring what we thought was against the law now and want to be against the law is now sanctioned, legal and defined as such in law, forever. Exactly the opposite of what he wanted. What we need is for someone to enumerate 50 rights that we have that shall not be breached. For example, A person has the right to encrypt, period. This right extends to storage and transmission. Short, sweet. No nuance. The courts can read reasonable limitations into it, if needed, such as the fire clause in the theater limits the freedom of speech.

    Want to enhance our rights, make a law enforcement agency that does nothing but investigate breaches of trust of the population and takes action against government officials as they violate our rights. For them to do their job, allow them to run a secret count, run by them selves, no appeal possible to dole out punishment to the government and its employees and contractors (modeled after the irs court system or the court system used by the civil forfeiture people) as those rights are endangered. Grant them the right to put in penalties like, you cannot take another dollar from any entity that gets money from the taxpayer, ever again in your lifetime. A senator votes _for_ a bill the court later finds was unconstitutional, easy solution, fired, for life, from any job that is funded by the taxpayer. Suddenly the mass of house and senate people that pass wildly unconstitutional bills, gone and banned for life from ever doing that again. The new round of people to replace them with either learn not to do that, or they will seriously consider the constitutionality of what they do.

    Given them to power to write rules and regulations that elaborate our rights, much the same way the EPA gets to write rules and regulations that are in fact law. Turn them loose on writing up 10,000 rules against the government that then all government employees have to follow, or risk enforcement action against them. Let them collect fines and penalties against the government in their own court system that they then just to spend on margarita mixers and large screen televisions, and _more_ employees. The more action they take, the bigger they become.

  29. It will fail. by Anonymous Coward · · Score: 1

    It will fail because he's a freedom hating democrat!

  30. good luck.. by Anonymous Coward · · Score: 0

    this has about as much chance to pass and become law as true campaign finance reform or a single payer national health care system...

  31. If not the FBI, maybe one of the other agencies. by Anonymous Coward · · Score: 0

    There are MANY secret or largely secretive agencies in the U.S. government. If the FBI can't do it, maybe the NSA (No Sales for Americans) will.

    The U.S. government is EXTREMELY corrupt.

    Being sneaky is not a practice of a healthy government.

  32. Re:If not the FBI, maybe one of the other agencies by beastofburdon · · Score: 1

    "EXTREMELY"

    I think the word you are looking for is "COMPLETELY"