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UK Government Admits Intelligence Services Allowed To Break Into Any System

An anonymous reader writes Recently, Techdirt noted that the FBI may soon have permission to break into computers anywhere on the planet. It will come as no surprise to learn that the U.S.'s partner in crime, the UK, granted similar powers to its own intelligence services some time back. What's more unexpected is that it has now publicly said as much, as Privacy International explains: "The British Government has admitted its intelligence services have the broad power to hack into personal phones, computers, and communications networks, and claims they are legally justified to hack anyone, anywhere in the world, even if the target is not a threat to national security nor suspected of any crime." That important admission was made in what the UK government calls its "Open Response" to court cases started last year against GCHQ.

107 comments

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

    Does it matter if the are allowed to or not? They would do it anyways. I mean, it's not like it being illegal has ever stopped them before.

    1. Re:asdf by Mr.+Freeman · · Score: 2, Interesting

      It's also not actually legal. They claim its legal, but whatever laws that they claim allow them to do it are blatant violations of the constitution, at least it is here in the US. Not sure about the UK.

      Of course, you're right, that doesn't matter because they break the law on a daily basis anyway.

      --
      -1 disagree is not a modifier for a reason. -1 troll, flaimbait, redundant, overrated are NOT acceptable substitutes.
    2. Re:asdf by khasim · · Score: 4, Interesting

      If it is illegal, then individuals within that organization can be prosecuted.

      If it is legal, then individuals within that organization can use the government's resources to track husbands/wives/exes/your daughter/celebrities/etc.

      They've confused the line between secrecy and privacy.

    3. Re:asdf by Anonymous Coward · · Score: 1

      The UK's courts have already deemed many of the actions of the GCHQ to be illegal. Yet, not a single person will ever be prosecuted for it. Hell, they aren't even going to put an end to it, but full on intend to expand upon it.

      The same thing is happening here in the US. It was illegal. It is still illegal. And nothing is being done about it.

      You know what would change their tune, and do it quick, without the need for any violence? Stop paying taxes. If you could convince enough people to stop paying taxes until we actually get some representation (does this sound familiar?), I'm sure they would suddenly be much more interested in what we have to say.

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

      The UK's courts have already deemed many of the actions of the GCHQ to be illegal. Yet, not a single person will ever be prosecuted for it. Hell, they aren't even going to put an end to it, but full on intend to expand upon it.

      It makes one wonder if the courts will ever prosecute them, I mean the courts operate at the crown level which happens to be higher than government and it's services...

    5. Re:asdf by nicolastheadept · · Score: 2, Informative

      It's legal. This is the UK. There is no constitution.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    6. Re:asdf by Kjella · · Score: 1

      If it is legal, then individuals within that organization can use the government's resources to track husbands/wives/exes/your daughter/celebrities/etc.

      A doctor can look at the medical records of anyone for the purpose of providing medical treatment, it doesn't mean he can snoop on the records of husbands/wives/exes/your daughter/celebrities/etc. so I don't see how military intelligence is different in that respect. A lot of people technically have access to acquire privileged information, it doesn't mean they can snoop on whoever they like or do whatever they want with it. You could have picked many good arguments against this, that was not one of them.

      --
      Live today, because you never know what tomorrow brings
    7. Re:asdf by ancientt · · Score: 1

      People value a stable government. They won't stop paying taxes until they fear their government more than the anarchy that would replace it. They don't fear this enough.

      --
      B) Eliminate all the stupid users. This is frowned upon by society.
    8. Re:asdf by Anonymous Coward · · Score: 1

      Operation Snap Chat: Find the hottest girls in the world. Use their public data to get close to them to attempt to establish relations. This information can then be used for agents in the field who need to find a place to stay and cover... In all seriousness though: Isn't this all this spying a character assassination's wet dream? You could be a saint, but have misclicked a couple times, or taken out of context a few times and you'll look like public enemy #1.

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

      Yes there is. It's just spread out over a few centuries' worth of law.

    10. Re:asdf by Anonymous Coward · · Score: 0

      I know it's hard for some people to believe, but other countries around the world do have their founding law written down. Often, this is refereed to as a "constitution." Not all constitutions are [i]The[/i] (US) Constitution; just one.

      You know, kind of like how there's many stars and only one sun?

    11. Re:asdf by mspohr · · Score: 1

      Stop paying taxes and they put you in jail. End of protest.

      --
      I don't read your sig. Why are you reading mine?
    12. Re:asdf by St.Creed · · Score: 1

      That depends on whether the law is based on case law and precedents, or statutes. If the laws are based on what parliament passes as law (which is used in most countries under Roman law but perhaps not in the UK) then it would be a matter of looking at the relevant laws. Several centuries of history would not matter one whit if there was a new law passed that allowed it.

      --
      Therefore, by the (faulty) logic you're using, you're just a cow with a keyboard - osu-neko (2604)
    13. Re:asdf by St.Creed · · Score: 2

      And the exception... Dutch judges are using international agreements to see if the laws are violating them. If they are, the plaintiffs will be released/compensated based on the international agreements as they are overriding national laws, especially when they are EU judicial guidelines.

      So there is no constitution, but in the EU we are now getting a weird mix of Roman law and case law.

      --
      Therefore, by the (faulty) logic you're using, you're just a cow with a keyboard - osu-neko (2604)
    14. Re:asdf by sumdumass · · Score: 1

      There likely aren't enough people capable of participating in a plan around stopping paying taxes. Most everyone has their taxes deducted from their pay before they even receive it. I think the income tax system was set up purposely for this effect.

    15. Re:asdf by HealthNation · · Score: 1

      And the exception... Dutch judges are using international agreements to see if the laws are violating them. If they are, the plaintiffs will be released/compensated based on the international agreements as they are overriding national laws, especially when they are EU judicial guidelines.

      So there is no constitution, but in the EU we are now getting a weird mix of Roman law and case law.

      so odd, what a world we live in.

    16. Re:asdf by Anonymous Coward · · Score: 0

      People value a stable government. They won't stop paying taxes until they fear their government more than the anarchy that would replace it. They don't fear this enough.

      Knowing how docile the British public at large is, I don't think think they ever will fear it enough.

      Captcha: Orwellian (speaks for itself)

    17. Re:asdf by HiThere · · Score: 1

      They may be in the UK, but I'm not, and if they do it here it's illegal. I will grant that this won't stop them, but British law isn't the only relevant law. And if they do it here the proper description is "illegal spying". I'd presume most other countries have similar laws (though they might exhempt their own "Intelligence Agencies").

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    18. Re:asdf by HiThere · · Score: 1

      No. Withholding tax law may have been written for that purpose, but the purpose of the Income Tax was to weaken the power of the states relative to the federal government.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    19. Re:asdf by currently_awake · · Score: 1

      The UK has laws against unauthorized access to a computer.

    20. Re:asdf by 7-Vodka · · Score: 1

      Please tell me you're not planning to stay FULL RETARD.

      Doctors can't see your medical records unless you sign a release and allow them access, usually by joining their practice as a patient.

      Only after that, can they request your records from your previous doctors and only then will they be provided, usually by mail.

      The NSA on the other hand, probably has them in a database and at their fingertips already. Which ones you ask? ALL of them (that are in electronic medical record clouds).

      --

      Liberty.

    21. Re:asdf by dryeo · · Score: 1

      Are you really saying that the UK implemented income tax to help some Federal government, perhaps Australia as they have States.
      Income tax was implemented in most western countries to pay for war at a time when war couldn't just me magically paid for, how it has evolved since varies from country to country but it is used mostly to raise funds. Most federal systems have federal income tax as well as state, province etc income tax.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    22. Re:asdf by dryeo · · Score: 1

      Not if you honestly don't need to pay taxes. Quit working and you don't have to pay. Don't even have to quit working, just reduce your income below the minimum for paying taxes.
      If everyone sat down, refused to work and pay taxes, there would be change.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    23. Re:asdf by Anonymous Coward · · Score: 0

      You still likely have to pay taxes based on your net worth and any interest you gained on your bank account. At least in Europe.

    24. Re:asdf by Anonymous Coward · · Score: 0

      Please tell me you're not planning to stay FULL RETARD.

      That's not a good way to start. Try again?

    25. Re:asdf by MrKaos · · Score: 1

      People value a stable government. They won't stop paying taxes until they fear their government more than the anarchy that would replace it. They don't fear this enough.

      You know that 'anarchy' is "a state of society without government or law" so if a government is ignoring the law it is halfway to anarchy already. I think the thing is that they don't value their freedom enough to stand up to the government that is constantly taking it away by deceiving the population.

      If you fear the government then you are not free, if the government fears the people then you are.

      --
      My ism, it's full of beliefs.
    26. Re:asdf by houghi · · Score: 1

      If it is illegal, then individuals within that organization can be prosecuted.

      It is irrelevant if they CAN be prosecuted. It only matters if they WILL be prosecuted AND convicted. Untill now that has never happend. (Unless they were wistleblowers)

      --
      Don't fight for your country, if your country does not fight for you.
    27. Re:asdf by michelcolman · · Score: 1

      I think it's interesting to see how people love this sort of thing when James Bond is doing it, yet create massive uproar when it actually happens in real life.

    28. Re:asdf by dcw3 · · Score: 1

      So, under UK law, who can grant authorization?

      --
      Just another day in Paradise
    29. Re:asdf by king+neckbeard · · Score: 1

      The range of information a doctor has is much more limited, and outside of perhaps ER visits, would be given to the doctor with the patient's knowledge and consent. Yes, there is a lot of trust put in hospitals and doctors, but there's also means of oversight, which military intelligence doesn't have. So, doctors have less information with more oversight and more recourse for misdeeds, and we are still seeking to improve that privacy. How is this a good point of comparison again?

      --
      This is my signature. There are many like it, but this one is mine.
    30. Re:asdf by infolation · · Score: 3, Informative

      It's legal. This is the UK. There is no constitution.

      I can't believe this has been modded informative when it is blatantly, and even legally, wrong.

      The UK certainly does have a Constitution, and in fact our political system is termed a 'Constitutional monarchy'.

      I'm sorry, but this is taught early on at in British Secondary Schools.Anyone who's been to school in the UK should know this. Any UK immigrant who's passed the UK citizenship test will know this.

      The laws which the security services are alleged to have broken form part of that constitution.

    31. Re:asdf by Anonymous Coward · · Score: 0

      In the UK there is no constitution, merely an ancient agreement. The Crown, the Crown's ministers and servants can do whatever they please, but if they wish to remain pleased would be wise to remember Runnymede and the Banqueting House of the old Palace of Westminster.

    32. Re:asdf by HiThere · · Score: 1

      Sorry, I was talking about the US income tax. I've no idea what the motivations behind British income tax were.

      The GGGP post in the thread mentions *both* the US and the British governments, and I focused on the US, though either, or even both, are consistent with most of the intermediate posts.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  2. What a bunch of arseholes by Idimmu+Xul · · Score: 3, Insightful

    +1 insightful

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  3. WTF by Anonymous Coward · · Score: 0

    even if the target is not a threat to national security nor suspected of any crime

    In an intelligent society that isn't constantly drooling over celebrities, we wouldn't have these morons doing that.

  4. Admits it, as if it's not clearly noted? by HalAtWork · · Score: 2

    Wouldn't it be covered in the law for anyone to read if this were the case? Or are there some secret laws, or non-obvious interpretations of the law?

    Anyway, it's pretty ballsy of them to say they're legally entitled to do so in all foreign nations!

    1. Re:Admits it, as if it's not clearly noted? by Anonymous Coward · · Score: 1

      Wouldn't it be covered in the law for anyone to read if this were the case? Or are there some secret laws, or non-obvious interpretations of the law?

      No, it's actually quite explicit in the Regulation of Investigatory Powers Act:

      2 Meaning and location of “interception” etc.

      ...
      “telecommunication system” means any system (including the apparatus comprised in it) which exists (whether wholly or partly in the United Kingdom or elsewhere) for the purpose of facilitating the transmission of communications by any means involving the use of electrical or electro-magnetic energy.

      ...
      (2) For the purposes of this Act, but subject to the following provisions of this section,
      a person intercepts a communication in the course of its transmission by means of a
      telecommunication system if, and only if, he—

      (a) so modifies or interferes with the system, or its operation,
      (b) so monitors transmissions made by means of the system, or
      (c) so monitors transmissions made by wireless telegraphy to or from apparatus comprised in the system,

      as to make some or all of the contents of the communication available, while being transmitted, to a person other than the sender or intended recipient of the communication.

      So if an interception warrant is issued, the method of fulfilling the warrant can involve 'interfering' with the operation of a telecommunication system, which could be at any point from the originating computer, the destination computer or any of the routers in between.

      Anyway, it's pretty ballsy of them to say they're legally entitled to do so in all foreign nations!

      In context, it means that they are entitled under the Intelligence Services Act in the UK. No foreign intelligence service in the world could operate under the constraint that their activities had to be legal in the spied-upon country...

  5. I Agree by Anonymous Coward · · Score: 0

    We should let them "break" in (since we could never stop them) but at the same time we (and companies) should be able to do all we can to prevent hackers from breaking in to get it. It should not be against the law to encrypt any communications and data with passwords. You should never have to give your own password even under a court order because you can genually forget it and the data could truly be of no consequence. If they can't find it because I didn't write it down or they can't break it then too bad.

    1. Re:I Agree by Anonymous Coward · · Score: 0

      Sure, and we shouldn't prosecute burglars, either. Just let them break in and take what they want. We wouldn't be obligated to tell them the passwords to our safe, so that's a fair trade. Right?

      Right?

  6. Why is this unexpected? by SuperKendall · · Score: 4, Interesting

    Apart from some meaningless bluster, there has been absolutely no negative impact on intelligence services for spying on citizens.

    So why should they not simply say what they are doing, when there are no repercussions for doing so?

    It's not like anyone is going to stop using computers, they will just maintain the happy illusion that no-one is spying on them...

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Why is this unexpected? by fustakrakich · · Score: 1

      It's just something to talk about, like the weather, or your last prostate exam. Most people are perfectly okay with the 'security' it provides.

      --
      “He’s not deformed, he’s just drunk!”
    2. Re:Why is this unexpected? by Mr.+Freeman · · Score: 4, Insightful

      They have no direct repercussions on you, me, or the guy next door. But what about the politician running for public office? How do you know that he hasn't received threats of blackmail? What about the rich person or celebrity who has the power to sway politicians through campaign donations? What about the heads of large corporations who routinely lobby?

      --
      -1 disagree is not a modifier for a reason. -1 troll, flaimbait, redundant, overrated are NOT acceptable substitutes.
    3. Re:Why is this unexpected? by SuperKendall · · Score: 1

      But what about the politician running for public office?

      What about them? They have been impacted in some elections, but have very little say over what intelligence agencies do, and cannot be too publicly against them or be declared weak on crime/terrorism.

      The rest of your statements veer further and further away from my point - that it doesn't matter what the impact is to anyone but the intelligence agencies, as far as them being open about what they are doing.

      --
      "There is more worth loving than we have strength to love." - Brian Jay Stanley
    4. Re:Why is this unexpected? by Bite+The+Pillow · · Score: 1

      Maybe one or two, you wishful thinker, but that is way larger than the number of people impacted by these violations.

      When the number of violations is greater than the number impacted, something is wrong.

      When the number impacted is greater than the number of violations, that's still not a good sign - there are still violations.

      I can't support your hypothetical bullshit, and the I assume 4 idiots who did should share the shame.

    5. Re:Why is this unexpected? by gl4ss · · Score: 2

      what about them?

      you don't understand? if the intelligence agency has no checks and has all the information, then they potentially have all the power while not being elected. it's not that "be declared weak on crime or terrorism" but getting something leaked or manufactured to destroy their chances of getting elected. so potentially they cannot be publicly(or even privately!) against the intelligence agencies out of fear of getting outed by the intelligence agencies.

      that is, they have a say over what intelligence agencies do BUT the intelligence agencies have the ability to blackmail or arrange them to lose or win, so the intelligence agencies have unchecked potential power over the elected officials.

      STASI and KGB had such powers. ever thought of how Putin came to power? or why he had to get into power? Puting could have been personally fucked over if someone else got to power, that's why. same reason Putin cannot give power to anyone else.

      --
      world was created 5 seconds before this post as it is.
    6. Re:Why is this unexpected? by Anonymous Coward · · Score: 0

      What about your kids? What if they want to grow up to be elected politicians?
      What if your teenage boy decides he wants to campaign on a political issue?
      What if you upset someone with access to your data? What if you have something they want?
      What if you express views that they disagree with?

      Look JTRIG, GCHQ's psychops division, rigs polls, pretends to be 'victims' to spread false allegations, attacks business with malicious false reviews, fake evidence, undermines business relationships, and most of all DOES THIS AGAINST UK PEOPLE.
      The Snowden leak shows they acted against Anonymous hackers after they hacked a US military website. Those hackers were Brits. Whether they hacked the website or not, we cannot now be sure of, because JTRIG can make false forum entries and

      JTRIG blockops propaganda leaks:
      https://firstlook.org/theintercept/document/2014/02/24/art-deception-training-new-generation-online-covert-operations/

      How they rig polls to get political decisions in their favor:
      https://firstlook.org/theintercept/2014/07/14/manipulating-online-polls-ways-british-spies-seek-control-internet/

      There tools:
      https://firstlook.org/theintercept/document/2014/07/14/jtrig-tools-techniques/

      They target British alleged hackers:
      http://www.dailydot.com/politics/snowden-anonymous-jtrig-gchq-ddos/

      So they're well outside the law here. GCHQ have no legal right to attack British subjects on behalf of their US masters.

  7. Shining Examples of Western Democracy ? by Anonymous Coward · · Score: 5, Insightful

    Is this what " Western Democracy " supposed to mean?

    The United States of America and Great Britain, the two shining examples of Western Democracy, the two nations who go around the world criticizing other countries' 'human right abuses' --- themselves turn out to be nothing but motherfucking police states !

    Or should the concept of " Western Democracy " supposed to be an inane joke?

    1. Re:Shining Examples of Western Democracy ? by fustakrakich · · Score: 2

      Or should the concept of " Western Democracy " supposed to be an inane joke?

      It was made that way by the voters, who have decided to live in fear. There is nobody to blame but the fickle and submissive public.

      --
      “He’s not deformed, he’s just drunk!”
    2. Re: Shining Examples of Western Democracy ? by Anonymous Coward · · Score: 0

      Who should they have voted for that would have taken the country in a different direction and dismantled the police state apparatus?

    3. Re: Shining Examples of Western Democracy ? by fustakrakich · · Score: 1

      Somebody else.

      --
      “He’s not deformed, he’s just drunk!”
    4. Re:Shining Examples of Western Democracy ? by Anonymous Coward · · Score: 0

      Is this what " Western Democracy " supposed to mean?

      What ... the security services requiring legal permission to do what they want? Why yes, it is!

    5. Re:Shining Examples of Western Democracy ? by davester666 · · Score: 1

      It's a race to the bottom.

      In the US: "They have permission to X in the UK. We need those powers here in the US [passes legislation for X & Y]"
      In the UK: "They have permission to Y in the US. We need those powers here in the UK [passes legislation for Y & Z]"

      lather, rinse, repeat

      --
      Sleep your way to a whiter smile...date a dentist!
    6. Re:Shining Examples of Western Democracy ? by Anonymous Coward · · Score: 0

      Settle down komrade, at least the USA and UK don't take young hackers off into the woods and shoot them in the head once they are no longer useful to them, and the KGB did exactly that in East Germany. State sponsored hacking is *older* than the world wide web, and they all do it.

    7. Re:Shining Examples of Western Democracy ? by king+neckbeard · · Score: 1

      And the practice being old and common says nothing about whether or not it's useful or justified.

      --
      This is my signature. There are many like it, but this one is mine.
    8. Re: Shining Examples of Western Democracy ? by Anonymous Coward · · Score: 0

      actually they took permission. it wasnt given, it was assumed.

  8. The laws? To serve the Elites by Anonymous Coward · · Score: 0

    ... Or are there some secret laws, or non-obvious interpretations of the law? ...

    Please wake up and smell the fucking coffee, bro !

    The laws were written not to serve the public --- they were written to serve the interests of the Elites

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

    Keeps you free from what? The tyranny of an oppressive government?

  10. Saves time by Anonymous Coward · · Score: 0

    Legal or not they're going to do it anyway. At least if it's legal it'll save time and money that would have been spent in court.

  11. It's a joke. by goldcd · · Score: 5, Insightful

    If somebody could point to some line that Asad's Syria (or whoever you perceive to be an enemy), refused to cross, but the CIA/NSA/GCHQ did...
    Well I'd be very surprised.
    I'm British. I like my "western, secular, demcocracy"
    But then our governments have shown no sign of respecting any limits either.
    I think we find ourselves today existing in a world where every power, will do whatever it can, and answers to nobody. I don't like it, I've seen the 'revelations' but none of us seem to have stepped up and prosecuted any hypocrisy.
    Defending something should come with a cost.
    Defending is supposed to be about making a stand.
    If your justify your defending by ripping up your own rules, then you've tainted yourself forevermore.

    1. Re: It's a joke. by Anonymous Coward · · Score: 1

      Western citizens are kept fat and entertained so they don't feel the negative consequences of their government's actions. Only coloured people on the other side of the world breast the brunt of the injustice of your "Western secular democracy".

      So long as you have your chips and pie and get to watch cable TV and videos of cats on YouTube, why should you care that your government's policies result in unspeakable misery for others around the world?

      TL:DR; Fuck you you selfish ass.

    2. Re:It's a joke. by Anonymous Coward · · Score: 0

      So you're saying that we need to find where our governments are worsethey are as bad? What the hell is wrong with you?

      You, and people like you, are the problem: stand up against the fuckers or accept that you are supporting governments as bad as the ones you purport to hate.

    3. Re: It's a joke. by Anonymous Coward · · Score: 0

      How will your stamina be in the face of a low/passing C130 ?

    4. Re:It's a joke. by Anonymous Coward · · Score: 0

      People often say the risk of being personally killed by a terrorist is miniscule, but couldn't you say the same about the risk of being personally killed or jailed inappropriately by law enforcement being miniscule?

    5. Re:It's a joke. by Smauler · · Score: 1

      One of the problems is that being able to hack into anyone's accounts is not a preserve of the intelligence agencies. Other people do, and will do it all the time.

      I like my Western, secular democracy too.

      Which limits exactly should our government respect, and which should they not?

    6. Re:It's a joke. by MobSwatter · · Score: 2

      Well... They had the constitution thing a while back, but then I think they ran out of toilet paper. They didn't realize in 1954 exactly how powerful occult self destruction really is.

    7. Re: It's a joke. by Anonymous Coward · · Score: 0

      +googol for your post
      The fat has taken over any brain cells so he/she cannot think clearly so what's the difference exactly between his "Western secular democracy" and the authoritarian communist regime of the Eastern Bloc or the current communist regime in China? It's not only that they are overfed; they are not sufficiently educated and apparently there is a lack of free information so they don't even know what is happening to them and that it is oppressive. Keep them fed and ignorant and they will be docile.

    8. Re:It's a joke. by AmiMoJo · · Score: 2

      One of the corner stones of democracy is that no-one has too much power. GCHQ clearly has too much and there is no balance, no ability for us to check or control them.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  12. 00733+ by superwiz · · Score: 4, Funny

    The license to peek.

    --
    Any guest worker system is indistinguishable from indentured servitude.
  13. They allow their spooks to break into any system by Anonymous Coward · · Score: 0

    That doesn't make it legal, especially not world wide. If they don't recognize the sovereignty and the law of other countries, then there will be war over this. Whether that can be restricted to the network remains to be seen. The USA have already declared that they would count "cyber attacks" against them as acts of war which would also justify a response with conventional weapons. The people who decide these things probably can't even set up their own mail client, but somehow they feel justified to let their psychopath hackers loose on the net to turn it into a war zone, and unless they're extremely lucky, cause real world escalations. These people need to be removed from office.

  14. Do you have a right to have secrets? by NothingWasAvailable · · Score: 5, Insightful

    Spying on another country has always been "illegal" in the country that is the target. It's "spying". A sovereign state doesn't have to follow the laws of another country.

    The deeper (and IMHO more interesting) question is "Are you permitted to have secrets from your own government?"

    It's up to you and your government to protect yourself from other governments. But what about your own? That's the [real] question we've been debating for the last several years (i.e. AS ... After Snowden).

    1. Re:Do you have a right to have secrets? by Anonymous Coward · · Score: 0

      You know how we moan when business folk declare something as new and different if they can add "... with a computer" to it, right? Then why do you argue like attacking some other country's network is any less barbaric than attacking their "real" infrastructure?

      Yes, I have a right to secrets. That right is also codified in numerous charters and treaties. My information is not up for grabs by anyone against whom I can't defend it. The lack of civilized behavior which speaks from your notion of "every country for themselves" is appalling.

    2. Re:Do you have a right to have secrets? by NothingWasAvailable · · Score: 1

      > Then why do you argue like attacking some other country's network is any less barbaric than attacking their "real" infrastructure?

      Actually, I'm in agreement that a cyber attack could be very bad, potentially as bad or worse than a physical attack. However, proving who was responsible may be impossible (to the burden of proof necessary to justify a military response.)

      > The lack of civilized behavior which speaks from your notion of "every country for themselves" is appalling.

      Whether you agree or disagree, countries spying on each other has been around since antiquity. Is it "right"? That really does depend on which side you're on. The British breaking Enigma and reading Nazi codes was almost certainly "right", unless you were a member of the German Navy and your U-Boat was sunk, in which case it was cheating?

      Was China's (presumed) hacking of US companies for economic espionage "right"? We in the US see it as cheating (stealing intellectual property), I'm sure China has a justification that they see as completely valid.

      If I can make a completely sarcasm free recommendation, look up the ethical theory of Cultural Relativism.

    3. Re:Do you have a right to have secrets? by Anonymous Coward · · Score: 0

      Replace nation states with individuals and tell me you think everybody should behave like you said is normal for nation states to behave. That is not civilized at all.

    4. Re:Do you have a right to have secrets? by Anonymous Coward · · Score: 1

      A sovereign state doesn't have to follow the laws of another country.

      More generally: a sovereign state doesn't have to follow any laws, not even its own.
      That's what the sovereign part means. (Even if many states DO follow its own laws, and allow themselves be sued).

    5. Re:Do you have a right to have secrets? by Anonymous Coward · · Score: 0

      A sovereign state doesn't have to follow the laws of another country.

      More generally: a sovereign state doesn't have to follow any laws, not even its own.
      That's what the sovereign part means. (Even if many states DO follow its own laws, and allow themselves be sued).

      That sounds more like a militant dictatorship than a democracy.

    6. Re:Do you have a right to have secrets? by stoatwblr · · Score: 1

      "Spying on another country has always been "illegal" in the country that is the target."

      The vast majority of "spying" is done in the reading room of public libraries, reading local newspapers and the vast majority of "spies" spend their entire lives reading such things.

      When it's illegal to read the local papers, let me know. It's how you gather that intelligence into a whole which matters. (The UK's intercepts of enigma crypts gathered far more information from the movements of personnell than from the actual orders in the messages, as one example)

  15. Re:They allow their spooks to break into any syste by NothingWasAvailable · · Score: 2

    It looks like the burden of proof for combat actions will always exceed the proof that can be obtained from computer forensics.

    Further, the likelihood of taking action is inversely proportional to the capabilities of the enemy. The US (for example) has no issue with bombing a third-world country, but would not take combat actions against Russia or China for cyber-crime. For all anyone knows, the evidence was entered in emacs by Spooks at the CIA to make it look like it was China. That's completely different than (for example) capturing a US spy ship (North Korea in the 60's).

  16. As long as I am free.... by mark-t · · Score: 1

    ... to implement whatever local security policies I want that will keep anyone from hacking my computer, including the government, I don't think I'm liable to waste my time worrying about this.

    I'll really start to worry if or when I am legally required to install a backdoor onto my network and computers in order to get any online connectivity at all.

    1. Re:As long as I am free.... by Anonymous Coward · · Score: 0

      The only way you're going to make that computer 100% secure is by never turning it on.

    2. Re:As long as I am free.... by AHuxley · · Score: 2

      re " I am legally required to install a backdoor onto my network and computers in order to get any online connectivity at all."
      The products that ship from the big international brands seems to be helping with the decades of tame crypto, telco networks and junk standards.
      The UK has a long history of that going back to ww1, ww2, Ireland and for domestic issues.
      All a person can do is be aware of the quality of crypto offered to the public, the OS and telco network collaboration.
      The backdoors and trapdoors are installed by default by the brand offering the products or services.

      --
      Domestic spying is now "Benign Information Gathering"
    3. Re:As long as I am free.... by mark-t · · Score: 1

      Agreed, but in practice there will always exist a confidence level somewhere below 100% where the confidence still outweighs any concerns they have about their security. Requiring me to have a backdoor in my computers or network for *ANYONE* that I do not personally administrate would put my confidence level somewhere in the vicinity of 0.

      100% confidence in all circumstances is not required... and as you point out, it is actually useless. Anything that simply approaches 100% for all practical purposes is actually entirely sufficient.

  17. Re:They allow their spooks to break into any syste by Anonymous Coward · · Score: 0

    Well, if they don't get caught, it's probably alright. Nevermind then. I'm sure all those other countries will see it the same way.

  18. Such is life by Anonymous Coward · · Score: 0

    Surveillance makes a government and its large complicit corporations very wealthy and delivers them significant power and control over anyone who can add to their wealth and/or power. It also delivers them the ability to easily coverup any crimes they may commit. It has been going on forever and sadly they are not about to stop for the likes of you and me!

    1. Re: Such is life by Anonymous Coward · · Score: 0

      Yes, that's the nut of it. All of this spying isn't about security, but it's about collecting huge data sets so you can mine it for economic interests - like, how much debt a nation can tolerate, right down to how to best profit from this or that product in your (any) country. People think the spying doesn't effect them because they're law abiding etc, but the prices of things manipulated, and the people are effected everyday while the super rich and powerful further their interests...

  19. Evil bit by rastos1 · · Score: 1

    May I kindly ask the agencies to use Evil Bit so that I can identify lawful attempts to hack my system? I don't want to accidentally hack the agency in the heat of furious self-defense efforts.

  20. Why are you suprised? by Anonymous Coward · · Score: 0

    By us looking the other way and not demanding it to stop we are giving the tyrants what they need the most, a willing population.

    Freedom requires the strength to fight back, to say no more.

    (.)-(.)

  21. the truth is bad enough, no in need to lose credib by raymorris · · Score: 2

    The truth about these agencies is bad. There is no need, and I would say it is harmful, to so distort their statements as to be lying about what they said. This story only harms whatever credibility Privacy International may have had.

    What the court response actually said is that a court can grant a search warrant in a criminal case, not just a national a security related case. Okay, so what is the process for such warrants and under what conditions are they granted? What limitations are put on those warrants? What are the consequences for proceeding without a warrant or beyond a warrant? Those are very important questions, which need to be addressed. Pretending those questions don't exist and falsely claiming "they said they can spy on anyone they want, any time they want" is HARMFUL to privacy. A guaranteed way to always lose a fight is by misunderstanding what the fight is. PI has grossly misstated what we're fighting and done is all a disservice in doing so.

  22. Re:Meh by Zero__Kelvin · · Score: 1

    I can't figure out if you are a moron and a troll, or just a phenomenal moron

    --
    Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
  23. And now, by extension ... by gstoddart · · Score: 4, Insightful

    The US and the UK have defined the playing field such that every other government will decree it is their sovereign right to break into any system.

    And to claim otherwise if a steaming pile of shit.

    And now I believe the black hat hackers should more or less just go scorched earth.

    If there's no system left, there's no evidence. Just burn it on your way out.

    And the rest of the world will be stuck in the middle, and our own governments will have made it impossible for us to have any security.

    Fucking morons.

    --
    Lost at C:>. Found at C.
    1. Re:And now, by extension ... by Anonymous Coward · · Score: 1

      The US and the UK have defined the playing field such that every other government will decree it is their sovereign right to break into any system.

      I Guess this means the (alleged) North Korea Sony hack was legal - at least from their point of view. Sony was making a movie that mocked their leader and threatened North Korea's national security.

    2. Re:And now, by extension ... by Gravis+Zero · · Score: 1

      And now I believe the black hat hackers should more or less just go scorched earth.

      If there's no system left, there's no evidence. Just burn it on your way out.

      i feel the same way but for a different reason: if there are no insecure systems left standing, only secure systems will be able to stand. in effect, security by destruction of the insecure. a sharp learning curve but companies will start making secure products that way.

      --
      Anons need not reply. Questions end with a question mark.
    3. Re:And now, by extension ... by gstoddart · · Score: 1

      I Guess this means the (alleged) North Korea Sony hack was legal

      There is precisely zero difference between one government and another saying they have the right to break into any system they want.

      Unless one of those governments really are stupid enough to think "we're the good guys, it's OK". Because, obviously, the other government believes the same thing.

      Essentially every nation on Earth has equal standing to break into US and UK systems.

      Claiming otherwise is essentially irrational bullshit whereby the US and UK are special. That's the argument of morons.

      --
      Lost at C:>. Found at C.
  24. No, they are not allowed to by Opportunist · · Score: 1

    It may not be forbidden by law for them to do so, that doesn't make it fine and permissible. I will still fight it with any means possible.

    What's really scary about this development is that we used to have laws that had a general consensus in the population. Of course, there have been rather unpopular laws, but in the end, people would understand that they're necessary. I mean, you may not like speed limits, but you understand why they exist. And you might not like tax laws but it's understandable that they have to be.

    So far, laws that had the main function of protecting the government from their own population were the hallmark of dictatorships and other oppressive regimes. I guess we're moving there.

    And don't gimme that "we're free, you can move away if you want". The only reason for this is that we don't have a "west" we could flee to.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  25. Why only look? by Anonymous Coward · · Score: 0

    I see that all the discussion is centered around "them" taking information. Why not drop some incriminating "evidence" while they are at it?

  26. 0x007, license to ... by Anonymous Coward · · Score: 0

    ... kill(-1, SIGKILL)

  27. Oh, yeah? by Anonymous Coward · · Score: 0

    "Apart from some meaningless bluster, there has been absolutely no negative impact on intelligence services for spying on citizens."

    How do you know??

  28. Jurisdiction by PPH · · Score: 1

    claims they are legally justified to hack anyone, anywhere in the world,

    GCHQ/FBI personnel had better not travel abroad anywhere. If some country takes issue with their servers being hacked, the prison sentence could be rather long.

    --
    Have gnu, will travel.
  29. Related News by Anonymous Coward · · Score: 0

    "Recently, both the FBI and GCHQ gained powers to shoot anyone in this planet for any reason whatsoever. Negotiations in the UN did resolve any issues as all the countries in the world partially gave up their sovereignty over the lives of their citizens. Organizations such as Don't Kill Me Bro International criticized the resolution, only to be shot at the following Monday, during office hours, before tea time."

  30. Their 'LEGAL' claim is that its NOT ILLEGAL. by Anonymous Coward · · Score: 0

    You understand their claim there, that the law requires authorization for 'intelligence targets', is actually a defacto approval to spy without authority for anyone not deemed an 'intelligence target'.

    As if the law is there to simply add a permission requirement for some specific target!
    There was never any such blanket permission law,, they claim its their PROCEDURE, as if they don't need a law to enable it.

    It's obviously not a sustainable position in court, so expect them to try to prevent the courts from ever ruling on it. They're a rogue agency, the NSA 800,000 people and contractors know what GCHQ is doing, but most of Parliament is kept in the dark without sufficient security clearance. Keeping GCHQ loyal to the US Generals rather than the elected politicians.

    e.g. GCHQ spys on EU politicians for the US in trade agreements. The US gets a better deal, the UK and Europe get a worse deal, thus GCHQ undermines their own country.

    Traitors.

  31. Judges, Silks and Barristers will not be happy by Anonymous Coward · · Score: 0

    Fundamentally, a fair trial and an honest defense is history - all bets off.
    Magna Carta , constitution - begone with these pesky artifacts of history - and fry the accused.
    US Senators need not feel complacent - all their shit is up on the block too - for the next Hoover like person to quietly beat them into submission.

    Banks and hedge funds: Your asses are grassed too - imagine if the 'Agency' creamed off your trades. Yeah, no political donations this time, till you work out acceptable limits.

  32. No it's illegal by Anonymous Coward · · Score: 0

    What they are claiming that if NO interception warrant is issued then they can do it anyway. That their DEFAULT right is to hack equipment.

    "Buried deep within the document, Government lawyers claim that while the intelligence services require authorisation to hack into the computer and mobile phones of "intelligence targets", GCHQ is equally permitted to break into computers anywhere in the world even if they are not connected to a crime or a threat to national security."

    See RIPA gives them permission for intelligence targets, and they're claiming that for non-intelligence target this means they don't need permission. So they broke UK law.

    EU Laws normally have a get out of 'national security' and by admitting they target people not connected to 'national security' they null that get out.

    No, this is a rogue agency breaking UK law and acting against UK interests.

  33. Newspaper Vs government phone hacking... by Angeret · · Score: 1

    So here in the UK it's a *bad* thing (and rightly so) for newspapers to hack people's phones for juicy shit to help sell their papers, but it's a *good* thing (and not rightly so) for the government to hack anybody's phones because they feel like it. One rule for the powerful and fuck everybody else.

    I would love to hear about the UK government hacking US telecoms - wouldn't that be classed as an act of war by the US? How's that special relationship working out now, eh? (Special as in "bend over, I'm coming in dry, bitch!") If it becomes legal for one country, it becomes "legal" for all countries and bollocks to any government that complains about the free-for-all that ensues.

  34. 1984 by Anonymous Coward · · Score: 0

    There's a book that predicted this ... and further extensions of this ... years ago. You might like to read and re-read it, to gain some insight into the other cultural changes predicted. It's called 'Nineteen Eighty Four' (http://en.wikipedia.org/wiki/Nineteen_Eighty-Four) and was written by George Orwell in 1949. It takes place in Britain ...

  35. FBI != intelligence service by stoatwblr · · Score: 1

    It's a federal police/crimefighting body.

    The USA equivalent to GCHQ/MI6 are the CIA and NSA.

  36. My systems by mgcarley · · Score: 1

    So, hypothetically speaking, if say the US or UK breaks in to a company's systems without any real justification, authorization or knowledge (i.e. for fun, for espionage, or to illicitly gain control of information or systems for whatever purpose), can the company sue them in an international court?

    Can the company lodge a criminal complaint against the offending government in the local jurisdiction?

    Can the company lodge a criminal complaint in the offending country pursuant to whatever acts (CFAA, for example) may exist?

    What if, in the process of breaking in, they break my company's systems somehow? Do they compensate the company for lost hours, system restores and new hardware?

    Is there any recourse whatsoever?

    --
    Founder & COO, Hayai India (hayai.in) / USA (hayaibroadband.com) // t: @mgcarley