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Omand Warns of "Ethically Worse" Spying If Unbreakable Encryption Is Allowed

Press2ToContinue writes In their attempts to kill off strong encryption once and for all, top officials of the intelligence services are coming out with increasingly hyperbolic statements about why this should be done. Now, a former head of GCHQ, Sir David Omand has said: "One of the results of Snowden is that companies are now heavily encrypting [communications] end to end. Intelligence agencies are not going to give up trying to get the bad guys. They will have to get closer to the bad guys. I predict we will see more close access work." According to The Bureau of Investigative Journalism, which reported his words from a talk he gave earlier this week, by this he meant things like physical observation, bugging rooms, and breaking into phones or computers. "You can say that will be more targeted but in terms of intrusion into personal privacy — collateral intrusion into privacy — we are likely to end up in an ethically worse position than we were before." That's remarkable for its implied threat: if you don't let us ban or backdoor strong encryption, we're going to start breaking into your homes.

35 of 392 comments (clear)

  1. That's a nice democracy you have there... by Anonymous Coward · · Score: 5, Insightful

    shame if something was to happen to it.

    1. Re: That's a nice democracy you have there... by Anonymous Coward · · Score: 4, Insightful

      US is already an oligarchy, not democracy.

    2. Re: That's a nice democracy you have there... by iluvcapra · · Score: 2, Insightful

      The Soviet Union and Baathist Iraq were "constitutional Republics."

      --
      Don't blame me, I voted for Baltar.
    3. Re:That's a nice democracy you have there... by Slashjones · · Score: 4, Insightful

      You want privacy? Nope! We'll just try harder to violate your privacy and constitutional rights if you try to protect it. You exist to make our jobs easier. Your rights are null and void when they make our jobs harder. That silly thing called "freedom" is less important than our ability to catch Bad Guys.

    4. Re:That's a nice democracy you have there... by marcello_dl · · Score: 4, Insightful

      It's funny because the threat is EXACTLY how I think things should be done.
      You can sure commit crimes shifting bits around, but most such deeds have to reflect IRL at some point. So let the cops follow the bad guys IRL. Strong encryption can't do much when I see what's on your screen. So by all means, spy on suspects instead of bulk-collecting false positives.

      It's also quite ridiculous that international banking can keep doing transactions at the speed of light while the NSA and pals want to access to your data. I'd say follow the money first.

      Bulk spying is not about preventing crime anyway. It's about control, it yields potential weaknesses for each one, regardless of his actual behavior.

      --
      ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
    5. Re: That's a nice democracy you have there... by BoRegardless · · Score: 4, Insightful

      A particularly corrupt oligarchy populated with a supermajority of attorneys like Silver in NYC & Pelosi in the Senate who make sure friends and spouses "get theirs."

    6. Re: That's a nice democracy you have there... by drinkypoo · · Score: 1, Insightful

      Which is a form of democracy...

      In theory? Sure. In practice? Not so much. Oligarchy link is already provided on a comment very near to this one, but here 'tis again. Direct democracy or GTFO. For anyone who wants to cry "mob rule", quick quiz before anyone should give a shit what you think: 1) how many times in history has the electoral college disagreed with the popular vote? 2) what were the last two times that happened? The results should shut you the hell up, if you find the correct answers.

      In countries where the people get to vote on bills, there may be democracy. I don't know, I don't live in one of those. In countries where more than two choices working for one master are presented, there may be democracy. I don't know, I don't live in one of those either. Here in the USA, we have two different colors of wolf arguing over one sheep.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    7. Re:That's a nice democracy you have there... by ultranova · · Score: 4, Insightful

      Now, boy, we can do this the easy way, or we can do this the hard way.

      Which is a trap. The only way to defeat evil is to force it to reveal its true face. Intelligence agencies would very much love to have everyone pretend having their mail opened and read is okay; it's when people refuse to go along with the lie when the ugly truth comes out.

      And it will only get uglier from here.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    8. Re: That's a nice democracy you have there... by mrchaotica · · Score: 3, Insightful

      The problem with the electoral college is not that it exists, it's that it's being used improperly as a flawed proxy for the popular vote instead of as it was originally intended, which was to reflect the will of the individual states, not the people. Similarly, Senators were not supposed to be elected by popular vote, but rather by vote of their state legislature. And, of course, the office of the President was not supposed to be nearly as powerful as it is now.

      What does this all mean? It adds up to the idea that the states were supposed to be much more powerful in comparison to the Federal government than they are now. Since states are smaller, it's easier for individual citizens to meaningfully interact with their state representatives than their federal ones. If states still had the power the Framers intended for them to have, individuals would have better representation than they do now even without electing the President or Senators.

      Corporate interests are allowed to dominate because people feel like their vote doesn't matter. Why doesn't their vote matter? Because all elected offices who's constituency is small enough for them to actually affect don't do anything important enough anymore!

      --

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

    9. Re:That's a nice democracy you have there... by TheRaven64 · · Score: 3, Insightful

      Right. It doesn't seem like a threat to say 'if you pass this then we'll have to actually do our jobs!' It just makes you wonder what they're doing now instead...

      --
      I am TheRaven on Soylent News
    10. Re:That's a nice democracy you have there... by Darinbob · · Score: 4, Insightful

      Doing things the old fashioned way is expensive. That's a good thing. This means the government should stop and think first before bugging someone. They can't bug every single person, especially with a warrant for each, which is why they want the inexpensive solution of tapping into the central phone system. So pay for the tech, send actual technicians into the field, do a lot of undercover work, and the government will start focusing on the important targets.

  2. Translation ... by gstoddart · · Score: 5, Insightful

    We're self entitled assholes, with nor regard for the law, and if we don't get back doors to encryption, we're going to become even more ethically challenged, self entitled assholes with nor regard for the law.

    I sincerely hope one or more of their people get shot breaking into some place and not identifying themselves as agents.

    Fuck, but governments are willing to slide into fascism and tyranny.

    I you can't operate in the law, you should be subject to it ... and tried for criminal activities.

    Papers please, comrade. You have nothing to frar if you have nothing to hide.

    --
    Lost at C:>. Found at C.
    1. Re:Translation ... by nehumanuscrede · · Score: 4, Insightful

      Nothing.

      The article didn't state whether the officers announced themselves prior to breaking the door down or not. It also did not state if the responding units were in uniform or not. ( Note: Many rural LE don't wear a standard uniform but rather nice civilian clothing with their badge on their belt )

      There is a reason no-knock warrants ( assuming that's what it was ) are a bad idea. This is one of them. If you're going to serve a warrant, do so in the middle of the day with officers in full uniform driving what are obviously marked vehicles.

      Put yourself into this situation for a moment.

      If you KNOW you or anyone in the home have done nothing illegal, then what are the odds of the folks breaking down your door being real police ?

      Now consider that some of the more intelligent bad guys know that dressing up like police makes it much easier to get the home owner into a passive state before they tie everyone up and rob the place. ( assuming they only rob the place )

      I'm afraid I would have to side with the homeowner in this case. Shoot first, ask questions later.

  3. Good by MartinG · · Score: 4, Insightful

    I'd rather see bugging of rooms and physical observation of actual suspects rather than weakening the security and rights for absolutely everyone.

    Besides, it's not like organised criminals will stop using encryption just because it's illegal. (I almost can't believe we're talking about effective encryption being illegal)

    --
    -- MartinG To mail me: echo kewyjlcxyzvjfxbqwh | tr bcefhjklqvwxyz .@adgimnoprstu
    1. Re:Good by Anonymous Coward · · Score: 5, Insightful

      Me too. It's a hell of a lot harder to bug every man, woman, and child in the west than it is to intercept and crawl their communications. Having them have to actually spend time, effort, and money and risk discovery to obtain information makes it far far less likely that they will collect it just because they are able to. It's a check on their power that's sorely needed.

    2. Re:Good by plover · · Score: 4, Insightful

      Me too. It's a hell of a lot harder to bug every man, woman, and child in the west than it is to intercept and crawl their communications. Having them have to actually spend time, effort, and money and risk discovery to obtain information makes it far far less likely that they will collect it just because they are able to. It's a check on their power that's sorely needed.

      I came here for this exact sentiment. Spying has always had a component of risk of exposure, and that is needed to keep spying at a small scale. Drift net sieving of all our communications is the abuse.

      --
      John
  4. Cost/benefit ratio by OzPeter · · Score: 5, Insightful

    Gaining covert physical access to a targets home/phone/computer is going to cost a lot more than just typing some commands into a terminal window. That would mean that ubiquitous surveillance goes out the window, and thus less collateral surveillance.

    In addition it would also mean that covert physical seals could be better used to detect if your privacy has been invaded (Has the dust bunny on the back of my computer moved?), which is actually a step forward compared with electronic invasions.

    I can't see anything wrong with all that (unless of course you take Omand's point of view that you have to watch all of your populace all of the time)

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  5. This is a good thing by Alkonaut · · Score: 5, Insightful

    Targeted surveillance is exactly what *should* be used, because it can self-regulate. There is a cost associated with each target, so there must also be a benefit otherwise it won't be done. So widespread strong crypto sounds perfect: it takes surveillance/intelligence ops back to the physical world where you pay per target and not per system of mass surveillance. And think of all the emissions saved at the datacenters!

  6. go ahead do your worst by aepervius · · Score: 4, Insightful

    Making it worst for 1 or 2 persons or even a hundred (realistically, how many people can you break into home and put a bug) will make it better for the privacy of a few dozen million. Go for it do your worst. Bug the shit out of those few houses. Physically. Like you used to. And like you probably already do as anyway computer communication is only 1 form. Woopy-doo.

    --
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    visit randi.org
  7. what the lack of encryption will do is... by FudRucker · · Score: 4, Insightful

    open the door not only for government snoops it will also allow criminals to steal identities, steal passwords, steal credit card numbers, and anything else of value, this idea that the government needs to spy on everything sets a bad precedent and is intruding where privacy is really needed the most

    --
    Politics is Treachery, Religion is Brainwashing
  8. still better... by theonlyholle · · Score: 3, Insightful

    The thing to note, though, regardless of the BS nature of most of these statements, is that physical intrusions like breaking into someone's home and bugging their place of work etc. doesn't scale, so in that sense strong encryption thwarts mass surveillance.

  9. fool or liar, which is it? by silfen · · Score: 5, Insightful

    According to The Bureau of Investigative Journalism, which reported his words from a talk he gave earlier this week, by this he meant things like physical observation, bugging rooms, and breaking into phones or computers. "You can say that will be more targeted but in terms of intrusion into personal privacy — collateral intrusion into privacy — we are likely to end up in an ethically worse position than we were before."

    Well, that's because your sense of ethics is screwed up, not surprising given your line of work. The rest of us actually prefer that it cause you significant trouble to perform espionage and surveillance so that you actually have to target your limited resources to cases that matter, instead of going on fishing expeditions.

    And from a purely practical point of view, banning strong encryption isn't going to help anyway because the only criminals and terrorists you are going to catch from relying on mandated weak encryption are fools. If you don't understand that, you are a fool yourself; if you do understand it, you are just a liar.

  10. Re:They better be damn sure we're not home... by CrimsonAvenger · · Score: 4, Insightful

    Most of us practice head shots for hours at a time.

    Only an idiot tries for a headshot. Anyone with a clue knows to aim for center of mass.

    --

    "I do not agree with what you say, but I will defend to the death your right to say it"
  11. If the US Government can read our data... by jellomizer · · Score: 3, Insightful

    So can the other guys.
    Including the bad guys who we are encrypting to protect our data from.
    While there is a slew of people who fears big brother. But for the most part we do are best to block petty criminal. Who can take our data, spread it across the crimeosphere, for profit. While we become a victim, with a reducing credit score, and losing decades of good will you accumulated in your life.
    To think the US is the only source that can do this, is actually quite hubristic. There are other countries with large data centers, there are companies with the power to do so as well. If you wait 2 or 3 years then the power will be able for the average person to crack.

    But let just say Google had a hole where the bad guys got in and were able to use fraction of it power to crack weak encryption they could get a lot of damage done before they found out.

    Strong encryption isn't about stopping the feds, it is about stopping the petty crook.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  12. Re:They better be damn sure we're not home... by Megol · · Score: 4, Insightful

    Which in many cases are protected by excellent armor. Headshots tend to be more permanent.

  13. Challenge Accepted. by fuzzyfuzzyfungus · · Score: 5, Insightful

    As much as I'm deeply displeased that the attitude would be 'give us what we want or we'll take it, Stasi-style'; I'd see a situation where the spooks are forced to resort to physical intrusion as a vast improvement.

    Implicit in the GCHQ flack's 'threat' is the idea that totally invisible 'no touch' surveillance is somehow better and nicer. In the sense that it has better PR, and is easier to maintain (and on a massive scale) without public outcry or logistically overwhelming amounts of black-bag work, this is true. In terms of the relationship between the clandestine agencies and even the pretense of democratic government, though, I'd say that it's exactly the opposite.

    If team spook has the advantage of technology for scale and efficiency, and is capable of invisibly watching more or less everything without any visible signs of having done so, you have about as imbalanced a situation as one could reasonably imagine. A perfect panopticon; but so subtle that you sound like some sort of schizo nutjob for suggesting that it is happening. If they actually have to break and bug, this will mean more physical intrusion; but it also creates a de-facto limit on how broadly they can pursue fishing expeditions, and how reasonably they can make the assumption that they will never be caught.

    If what he says about more encryption is true; bring it on.

  14. Yes. Specific search warrants, not wholesale snoop by raymorris · · Score: 3, Insightful

    Exactly. "Bugging rooms, and breaking into phones or computers" requires agents to specifically go to a certain location, probably after getting a specific search warrant. That's how policing should be done.

  15. And is this a bad thing? by Anonymous Coward · · Score: 5, Insightful

    Let's think about this for a moment. The chief complaint of the Snowden revelations is that it presents a broad swath domestic surveillance that violates everyone's privacy and 4th amendment rights (presumptively). So when we see statements about how the intelligence agencies will start engaging in more close access operations versus blanket monitoring, why do we presume this is a bad thing? Certainly no one thinks that attacks on Charley Hebdo or Sony, or other similar terrorist attacks is good? Why would we think that "less ethical" methods to employ "close access work" would be a bad thing if we can stop terrorist networks from attacking innocent civilians? Where do we strike that balance?

    1. Re:And is this a bad thing? by Anonymous Coward · · Score: 2, Insightful

      The only balance to strike is to force them to follow the law. Period.

      If they have to break the law to get the terrorists, then the terrorists win.

    2. Re:And is this a bad thing? by Steve+B · · Score: 5, Insightful

      Forcing them to switch to "direct access" methods puts pressure on them to follow the law. First, as I noted in my earlier comment, the non-scaling time and manpower costs (each tail, bug, etc requires significant additional resources) forces careful selection of targets. Second, "direct access" methods put the snoops at a nontrivial risk of getting caught and/or leaving recoverable evidence each time they use them illegally.

      --
      /. If the government wants us to respect the law, it should set a better example.
  16. Moral compass by xplora1a · · Score: 2, Insightful

    "You can say that will be more targeted but in terms of intrusion into personal privacy - collateral intrusion into privacy - we are likely to end up in an ethically worse position than we were before."

    That these people think that it is less of an invasion to sweep up all of your electronic conversations than to bug your home, is a measure of how distorted the debate is. The real reason that they would prefer to tap electronically is that much lower cost and lower chance of discovery. It is arguably a bigger invasion of privacy.

  17. "Baby..." by Chris+Mattern · · Score: 3, Insightful

    "...why you always gotta make me hit you?"

  18. That's not how this works by Anonymous Coward · · Score: 2, Insightful

    You can't use a threat to extort a concession from someone when the threat and the concession are identical.

    "Let us steal your information or we will steal your information"? Yeah, okay.

  19. Effort in policing is a a feature, not a bug by cant_get_a_good_nick · · Score: 4, Insightful

    The Constitution put in barriers to policing. It's a filter, making it cost a bit if you want to go after someone. This doesn't totally eliminate the threat of tyranny, but it slows it down quite a bit.

    So, this clown is saying "hey, if you don't let us do this low effort illegal spying, we're gonna do high effort illegal spying". Even if he's right, this is still good news to me. You need to put shoes on the ground to go after folks. I can't do a blanket surveillance on everyone, no more LOVEINT illegal spying just because you can. I think this is better than even stronger laws. I can ignore the laws of man, but harder to ignore the laws of economics.

  20. Re: What rights does government have? by Half-pint+HAL · · Score: 3, Insightful

    Or indeed "The Declaration of Arbroath" where the nobles and church in Scotland made clear that the king was answerable to the country. The UK isn't just England, after all.

    --
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