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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.

39 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 ShanghaiBill · · Score: 5, Informative

      The United States is not a democracy, it's a constitutional republic.

      1. The article is about Britain, not America.
      2. The US is not a direct democracy, but it is still a democracy.

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

      US is already an oligarchy, not democracy.

    3. Re: That's a nice democracy you have there... by iluvcapra · · Score: 4, Interesting

      It's not a "constitutional republic," EVERY government has a "constitution," written or otherwise.

      The United States is a "Presidential Republic." I believe the CIA World Factbook's literal description is "Presidential Republic (with democratic tradition)."

      Governments are distinguished by wether or not the separate the Head of State from the office of Head of Government- presidencies do not, parliamentary states generally do. And then they are distinguished by wether they vest their sovereignty in a monarch or in a people at large (a "republic").

      --
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    4. Re:That's a nice democracy you have there... by meta-monkey · · Score: 5, Funny

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

      --
      We don't have a state-run media we have a media-run state.
    5. 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.

    6. 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
    7. 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."

    8. Re: That's a nice democracy you have there... by iluvcapra · · Score: 4, Informative

      The United States is definitely a democracy in that we constantly have elections and the franchise is open to most people.

      If you wanna get technical and definitional, this thread is about the UK, and the UK is a Westminster-style parliamentary monarchy, which is an explicitly democratic order. But this definition extends to states that I think would be problematic, like Israel, which is a republic with a parliamentary democracy, except they don't let big swathes of the population vote. Also most Communist states are, constitutionally, democratic Council republics but in practice they are so corrupt that the franchise is meaningless.

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

      you forgot Boener and McConnel and their buddies the Kock bothers. but carry on.

    10. 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.

    11. Re: That's a nice democracy you have there... by iluvcapra · · Score: 5, Interesting

      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.

      Are you sure that's how it was intended? The EC has state-apportioned representatives because the constituents of the Continental Congress and later the Convention were colonies, later called states. Neither the US constitution, nor does any commentary I'm aware of, state that electors are pledged to represent the interests of their state.

      Of course, at every crucial point in history prior to the 1860s, somebody suggests reducing the power of states in favor of either democratic populism (Jackson) of federal power (Hamilton, Washington...), and the argument against goes something like, "You're just trying to abolish slavery!" American federalism was invented as a pretext to sustain slavery in the colonies where it was economically entrenched.

      --
      Don't blame me, I voted for Baltar.
    12. 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 OzPeter · · Score: 4, Interesting

      Maybe Texas?

      Last week a guy in Oklahoma shot a sheriff 4 times in (3 in the chest) when his house was raided (because police thought a bomb threat had been called in from his house). Fortunately for the Sheriff he was wearing a bullet proof vest and survived. The shooter was not charged, but you have to wonder what would have happened if the Sheriff had died.

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    2. 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. Re:Translation ... by amiga3D · · Score: 4, Informative

      Generally your home is your domain still. If you can make the case that you didn't know it was a cop then you can most likely get away with shooting one breaking into you home. This is why they yell "Police" and wear jackets with "Police" written on them with big bright letters before crashing the door. Best bet is don't offer any violence to them. That said, it's a dangerous thing breaking into someone's house because a lot of people, normal law abiding people, feel free to shoot anyone who invades their home.

    4. Re:Translation ... by Bob+the+Super+Hamste · · Score: 4, Informative

      Well it did happen in Minneapolis, MN. I believe that the guy who shot back even won his lawsuit even if it took a few years.

      --
      Time to offend someone
  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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  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. Not quite by Dan+East · · Score: 5, Interesting

    we are likely to end up in an ethically worse position than we were before.

    Actually, no. In order to do the more involved things, "physical observation, bugging rooms, and breaking into phones or computers", they have to get a warrant. This ups the ante and they must present a convincing argument to the judge for the need to surveil the people in question. This increases oversight, expense, and the human resources required. That means less shotgun approach and more focused surveillance only where needed.

    With digital communication they felt entitled to capture any information they wanted, since there wasn't an obvious physical intrusion. Obviously they could not handle this in a responsible manner, and thus our free society is making the necessary adjustments. So that's just too bad for the spies. Sorry.

    --
    Better known as 318230.
  9. Re:They better be damn sure we're not home... by OzPeter · · Score: 5, Funny

    People in the South tend to have guns within reach at all times; what could possibly go wrong? :)

    Apparently quite a lot if the rest of your education is as weak as your grasp of geopolitics and aristocracy. Sir David Omand and the GCHQ happen to reside on the other side of the pond.

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    I am Slashdot. Are you Slashdot as well?
  10. 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.

  11. 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"
  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. Re: They better be damn sure we're not home... by PlusFiveTroll · · Score: 4, Interesting

    A well trained shooter does two in the chest and one in the head. I know a man that died trying to stop a courthouse shooter by shooting center mass. Unfortunately the shooter was wearing body armor.

  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 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. Excuse me, are you THREATENING us, now? by kheldan · · Score: 4, Interesting

    ..collateral intrusion into privacy â" we are likely to end up in an ethically worse position than we were before

    Translation: Give away your privacy to us, now, or we'll TAKE IT FROM YOU.

    Memo to 'Intellgence community': GO FUCK YOURSELVES, ASSHOLES.

    Enough is enough. This shit has to stop, now. We are free citizens of our respective countries (..well, OK, some are more free than others, some aren't very free at all. One problem at a time); we are not inmates in a prison, which is exactly how they want to treat everyone: Monitored and guarded 24/7/365, and all communications monitored and inspected. FUCK THAT SHIT!

    --
    Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
  17. Re:They better be damn sure we're not home... by meta-monkey · · Score: 5, Funny

    Sir David Omand and the GCHQ happen to reside on the other side of the pond.

    And you think that's going to stop them?! Just let them Redcoats come back and try that shit in Alabama and we'll kick their asses again, just like we did in dubya-dubya-tew.

    --
    We don't have a state-run media we have a media-run state.
  18. Good. by GameboyRMH · · Score: 4, Interesting

    This is excellent. Tapping all the world's communications is cheap and easy (especially when any person or company can be strong-armed), bugging individuals is expensive and difficult. They'll have to restrict this activity to those who they strongly suspect, rather than spying on the communications of all known sentient beings in the universe and then seeing what sticks. Less widespread privacy invasion, more effective surveillance instead of growing the haystack. Sounds like a win/win to me.

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  19. Lies by Roodvlees · · Score: 4, Interesting

    Who still believes these lies?
    It's not about getting to the 'bad' guys, hasn't been for a long time.
    It's about power for the government.
    Terrorists/pedophiles are not stupid, they write their own encryption software and are not going to get caught allowing secret services to prevent them by their activities on social media.

    --
    Thank you, Bradley Manning, Edward Snowden and so many others, for courageously defending humanity, my freedom and more!
  20. 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.