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Ask Slashdot: Best Country To Avoid Government Surveillance?

simpz writes: Which country is best to choose for hosting Internet services and locating VMs to avoid government surveillance (both NSA and local)? It should be a country with good connectivity to the US and Europe, but have strong legal protections from mass surveillance. People talk about Switzerland, Norway and Iceland (even Spain). Anyone worked through the pros and cons of each of these? I'm not concerned about legitimate (with court order) surveillance, just the un-targeted mass surveillance most governments seem to do. I don't believe this bad behavior should be rewarded or made easy.

11 of 381 comments (clear)

  1. Wrong problem by Anonymous Coward · · Score: 5, Insightful

    "but have strong legal protections from mass surveillance"

    Both the US and the EU have strong legal protections from mass surveillance. The problem is those protections get ignored or subverted.

    1. Re:Wrong problem by NicBenjamin · · Score: 5, Interesting

      "but have strong legal protections from mass surveillance"

      Both the US and the EU have strong legal protections from mass surveillance. The problem is those protections get ignored or subverted.

      What US protection?

      The Fourth Amendment only applies to "unreasonable search and seizure." Reasonable search and seizure, or uses of governmental information-gathering capabilities that are not "search and seizure", do not require a warrant. Black's Law Dictionary defines Search and Seizure as "These are the methods used to detect an punish crime that includes searching and taking property and data that can be used by the prosecution of the criminal." The NSA is not gathering data to arrest criminals and charge them in the civilian Court System. To be sure some of the data gets used that way, but if the military finds something out in the course of operations that are not intended to arrest your ass, there is a long history of the Court's saying "ok, Srg. Jennings says this guy had weed, we now grant a warrant to you Mr. DEA man to search this guy."

      That doesn't mean there isn't a Check on the NSA's surveillance power, it just means that anybody trying to use the Courts and the Fourth Amendment to stop this shit is likely to find that particular API call does not work. They can't get to a hearing, because to get a hearing you have to prove you have a right to sue, which is called standing, and the plain language of the law is that the Fourth Amendment does not cover NSA Surveillance, mass or otherwise. Which is extremely frustrating to people who are convinced that the Constitution must ban this shit, because it's evil so of course the Constitution bans it, and of course this will be enforced by the Courts.

      The actual Check on NSA Surveillance power is Congress, which could simply add a line to the budget saying "none of this money shall be used for PRISM," start hearings about the programs, or start impeaching people. Or any number of things that could actually work. But we can't try that. The EFF's lawyers have a legal casebook in their toolbox, but no lobbyists, so clearly the only tool for the job is the legal casebook.

    2. Re:Wrong problem by Anonymous Coward · · Score: 5, Insightful

      "Black's Law Dictionary"

      Sure, and niggers aren't human (Dred Scott) but corporations are (Citizens United). Growing crops for your own use is Interstate Commerce (Wickard v. Filburn). The Executive Branch can create or ignore law with impunity (Executive Orders). The United States isn't a union of individual States and government isn't limited to defined powers (go find any meaningful effect which the 9th or 10th Amendments have had).

      You want to argue law? Come back when it's no longer a mass of fucking rationalizations and disingenuous bullshit. Contempt of the court is well deserved.

      The US was founded on principals of liberty and freedom, and that's what's promised. The government is supposed to be protecting rights, not usurping them based on weak rationalizations, to be replaced by some security theater. Panem et circenses.

    3. Re:Wrong problem by serviscope_minor · · Score: 5, Insightful

      The Fourth Amendment only applies to "unreasonable search and seizure." Reasonable search and seizure, or uses of governmental information-gathering capabilities that are not "search and seizure", do not require a warrant.

      Depends what you mean by "require". It is completely, blindingly obvious that both the spirit and letter of the 4th amendment is to stop the government digging through your private papers without a warrant.

      Just because the government decided to do it anyway and has trapped people in a kafkaesque situation where you can't stop them unless you can prove they're doing it and can't prove they're doing it unless you can get a court to make them stop, doesn't mean it's allowed.

      Black's Law Dictionary defines Search and Seizure as "These are the methods used to detect an punish crime that includes searching and taking property and data that can be used by the prosecution of the criminal."

      Which came first, the 4th amendment or Black's law dictionary. The 4th was created because the King of England had his minions digging around in dissidents papers looking for evidence of wrongdoing. So they made a law which said "no digging without a warrant".

      Now you have a bunch of liars and fools pretending the meaning and intent is not clear by redefining what various words mean in order to justify it.

      The history and language of those who wrote the 4th make the meaning entirely clear.

      --
      SJW n. One who posts facts.
    4. Re:Wrong problem by serviscope_minor · · Score: 5, Insightful

      Bullshit. If the Army has a commander-in-chief justification for going through your papers it can do so.

      Bullshit to that no he can't. You can tell how much they though that the army should be able to dictate stuff outside a time of war by some of the other provisions in the constitution.

      looking for evidence of wrongdoing Wrongdoing implies criminal behavior.

      I don't understand. Are you arguing that according to the law it's OK to detain someone if you're not looking for criminal evidence?

      This is why they can read your papers at the border, it is the reason the union Army could search suspected confederate spies and gun-runners without being accompanied by a District Court Judge, etc. Those don't use the Search and Seizure power, so they are not affected by the Fourth.

      Oh that's the border law where the border mooks have arbitrarily declared 80% of Americans to be under their jurisiction because they're "close" to the border, even if they've never been across it. Are you arguing that's reasonable, because I'm pretty sure it's not. And remember the whole "during war" thing?

      A clue: you're not at war right now. And you're intentionally misreading the document. There is no legal definition of search and seizure that was not concocted after the 4th. Trying to use one concocted after is using weasel wording to intentionally misread a document which is the model of clarity.

      Americans.

      I'm not American. I'm English and that means I am a fluent, native speaker in my own language. It also means I can read and understand the document. The meaning is quite clear. If you don't like it, you ought to change it, not blatently torture language until it means any damn thing you want, because that's frankly dishonest.

      If you do that, why bother having a constitution at all? If you can weasel-word your way out of the clearest of provisions then there's no point in having it. The USSR had a huge and thorough constitution, but since they chose to ignore it, you can see how much good it did them.

      I love us, but frequently our delusion that the Founders were definitely only interested in defending personal freedom, and would have preferred the British over-running DC to even the most trivial violations of said freedom forces us to say things that are simply ridiculous.

      I'm not really sure how on earth you (a) consider reading the personal papers of the entire country to be trivial and (b) the be suffering an existential threat now like the nascent US was during the war of independence.

      The Fourth is actually an excellent example of this, applying itself only to law enforcement powers (because arresting people like the aforementioned Laura Secord without a warrant was both necessary to the survival of the Republic and impossible if the military's seizure power was dependent on a Judge having the paperwork)

      The 4th does not and never did limit itself to law enforcement powers. That's just something you made up. There was no strong concept of civil law enforcement back then. And the 4th doesn't specify you need a warrant to detain someone. There's never been a problem for example with arresting a thief caught red handed.

      There is not any reading of it at all using English as it is actually used by normal people that searching everyone's papers at all times, forever is reasonable.

      Seriously just read the 4th. It's really short. None of the things you are talking about are actually in there.

      The major point of the Fourth was actually to prevent Obama from rigging the election in Hillary's favor by shenanigans involving the Feds.

      Nope it was more general than that. Seriously just read it:

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

      --
      SJW n. One who posts facts.
  2. The place you speak of ... by Anonymous Coward · · Score: 5, Interesting

    ... doesn't exist. It just doesn't. No matter how many privacy walls a country throws up, a properly motivated rival country WILL find a way over them. Want to avoid surveillance? Learn about end-to-end encryption. Stop storing crap in the cloud. Be mindful of your choices in operating systems and mobile devices. And, even then. realize that a five dollar wrench is ultimately all it will take to defeat you.

  3. Technology, not politics by Okian+Warrior · · Score: 5, Insightful

    Your thinking about this the wrong way around.

    If you're concerned with surveillance, you shouldn't be thinking in terms of "which country", you should be thinking in terms of "which software".

    There's no guarantee that *any* data will be safe *anywhere*. Your best choice, and in fact the only choice with any chance of success, is with a technical solution.

    Use strong encryption end-to-end, encrypt any data on the servers, give your clients/customers their keys, and make certain you don't have a back door.

    That's the only way to avoid it. Hire some really capable security people to implement a strong system, and employ a security maintenance team to keep you current with known security issues.

    For all the bad you can say about Julian Assange, he's an expert in this sort of thing and even *he* wasn't able to choose a good country.

    Security through technology, it's the only way.

  4. Security More Important Than Location by mentil · · Score: 5, Insightful

    Most countries fall into one of four categories here: Five Eyes (shares surveillance data with U.S.), 'The West' (same, probably with implicit economic threats involved), Laizzes-faire governments (trivially bribed in order to share surveillance data with U.S.), and totalitarian (keeps the info to themselves but surveils everything openly).

    Reporters Without Borders maintains a nice ranking here of countries based on their histories of surveillance and censorship; however, sometimes it turns out that a country high on the list will be revealed to have been engaged in a mass-surveillance scheme all along or has major corruption problems that weren't factored in.

    In practical terms, it has always been advised that anything unencrypted sent over the Internet should be assumed to be snooped upon, and now we merely know how true that assumption always was. Your efforts should be put into ensuring everything is encrypted and hashed using secure algorithms that haven't been broken. Even if your server is physically located in Utopia, whose government never does any surveillance, censorship or takedowns, hackers (government or otherwise) from other countries can compromise your server and take all the data or install backdoors to your encryption efforts, so security is more important than location. Of course, a country that doesn't have a history of raiding datacenters hosting certain materials is still a good idea, but don't forget that your upstream hosting providers are one bribe/threat away from pulling your plug unilaterally, so choose them well too.

    --
    Corruption is convincing someone that the selfless ideal is the same as their selfish ideal.
  5. Simpz, you asked the wrong question ... by Taco+Cowboy · · Score: 5, Insightful

    Instead of asking

    "Best Country To Avoid Government Surveillance? "

    a question better representing the reality we live in could be

    "Least hypocritical country which neither pretends that it is democratic, nor that it never spies on its own citizens"

    --
    Muchas Gracias, Señor Edward Snowden !
    1. Re:Simpz, you asked the wrong question ... by Z00L00K · · Score: 5, Interesting

      I think that the article already lists the viable alternatives. Personally I'd prefer Iceland, especially since it's a small country and most people know each other so it's hard to keep a secret.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
  6. Re:Easy by MyAlternateID · · Score: 5, Interesting

    Wrong: Somalia. When there is no functioning government there is no chance of government surveillance.

    The question has far to many implicit assumptions. It reeks of libertarian elitism.

    Is no government spying on residents identical to personal freedom? That's why the Somalia example is relevant. The government isn't spying on you, but you are at the mercy (literally) of warlords and violent religions factions. So what do are you really after?

    In the sense of traditional Western values, the current best answer might be Scandinavia or Germany. In those places your private life is really your own. For example there's none of the crap like in the US where right wing religious fanatics want to get into your sex life. As for "life, liberty and the pursuit of happiness", most of the citizens are far better off then the US. They work fewer hours, have more time off, get better health care and retire at a much higher standard of living. They live longer, which is the key component of that "life" part of the quote.

    Of course they have less economic freedom, but they also have much better functioning democracy. Nobody can go out and try an buy elections, which is now the way the US elections are run.

    it's a trade off. But from the way the question was asked, I doubt that you like these answers. You're looking for a libertarian paradise, when what that really gets you is Somalia.

    I've never seen a serious, credible libertarian advocate pure absolute 100% anarchy, just like I've never seen a serious, credible businessperson advocate 100% unrestrained laissez-faire capitalism. What I have seen is such people making arguments for a step closer to those things, an alteration or rethinking of the current balance or list of priorities. The state not spying on you without a damned good, demonstrable-in-court reason and not otherwise looking for ways to fuck with your life does not mean you must abandon all criminal justice and national defense.

    These "baby with the bathwater" excuses for argumentation really get tiresome. They don't remotely represent what any thinking person actually believes. Thus, they are strawmen.