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US Government Will Not Force Companies To Decode Encrypted Data... For Now (washingtonpost.com)

Mark Wilson writes: The Obama administration has announced it will not require companies to decrypt encrypted messages for law enforcement agencies. This is being hailed as a "partial victory" by the Electronic Frontier Foundation; partial because, as reported by the Washington Post, the government "will not — for now — call for [such] legislation." This means companies will not be forced to build backdoors into their products, but there is no guarantee it won't happen further down the line. The government wants to continue talks with the technology industry to find a solution, but leaving things in limbo for the time being will create a sense of unease on both sides of the debate. The EFF has also compiled a report showing where the major tech companies stand on encryption.

57 of 110 comments (clear)

  1. For now... bite me by poet · · Score: 2

    Let's be very clear, the moment they require the ability to get into my device is the moment I encrypt everything and everything with user space tools you don't have access to.

    --
    Get your PostgreSQL here: http://www.commandprompt.com/
    1. Re:For now... bite me by gstoddart · · Score: 4, Insightful

      When they outlaw encryption, only outlaws will have encryption.

      Enjoy the indefinite detention as you're held as a terrorist for failing to decrypt. A little "parallel construction"/perjury to trump up some charges if you don't play along.

      See, non-compliant citizens will be presumed guilty and treated as a security risk. Just to be safe you understand.

      So, I applaud the sentiment, and agree with you. But it's worth pointing out that the kinds of governments who want this shit will simply find ways to compel you, or otherwise ruin your damned life. They won't play nicely, and they won't do it publicly.

      I'm not sure most Americans realize the extent to which their rights and freedoms no longer exist in the same way they believe they do.

      --
      Lost at C:>. Found at C.
    2. Re:For now... bite me by Anonymous Coward · · Score: 1

      Doesn't matter, the majority of people won't do that. Let's be clear: the gov't isn't trying to prevent any serious criminals who would use hard crypto; they're just trying to maintain convenient access to everyone's devices. If everyone used hard crypto tomorrow, the 5th wouldn't apply to passwords much longer.

    3. Re:For now... bite me by Anonymous Coward · · Score: 3, Insightful

      Also, the actual motivation is at significant variance with the ostensible motivation. Ubiquitous backdoors aren't necessary for law enforcement or protection from foreign threats. But they do give specific people superior business intelligence, allowing them to further their own fortunes in ways that nobody else can.

      Normal people think this is a cynical attitude. That is because normal people are stupid.

    4. Re:For now... bite me by rtkluttz · · Score: 2, Insightful

      Exactly. I love how they make it sound like they are OK'ing us to encrypt. Fuck you... thats like them OK'ing me to paint my living room a certain color. I'll encrypt (or paint) however the fuck I want to in my business or my personal dealings. If I have even the remotest reason to suspect I'm using backdoored software, I'll change the shit. They can't "allow" something they constitutionally don't have access to.. and they try to amend the laws they need to be fucking tried for treason.

      --
      Digital is, by definition, imperfect. Analog is the way to go.
    5. Re: For now... bite me by umghhh · · Score: 1

      Because you posted as AC your statement can be considered a conspiracy, citizen. Think twice next time!

    6. Re:For now... bite me by davester666 · · Score: 1

      What the gov't is going for now is killing automatic end-to-end encryption. Like Apple's iMessage, where [supposedly] the message in encrypted at each end so that only the destination devices can decrypt it, and not Apple. They want Apple to redesign the setup so that instead, when the iMessage arrives at Apple's server, it is/can be decrypted by Apple, and then re-encrypted [optional!] before being sent on to the destination device. This way, the gov't can force Apple to give up the messages [presumably with a court order].

      Repeat with every other data transfer protocol by everyone, including BlackBerry.

      --
      Sleep your way to a whiter smile...date a dentist!
    7. Re: For now... bite me by beastofburdon · · Score: 1
      I think that you have a serious misunderstanding of what the word conspiracy means. Let me enlighten you.

      conspiracy
      knspirs/
      noun:
      conspiracy; plural noun: conspiracies

      a secret plan by a group to do something unlawful or harmful.
      "a conspiracy to destroy the government"
      synonyms: plot, scheme, plan, machination, ploy, trick, ruse, subterfuge;
      informal racket
      "a conspiracy to manipulate the results"

      Notice how it does not say anything like:

      A label to be placed on someone with an inconvenient opinion, or an opinion which does not coincide with your own.

    8. Re:For now... bite me by beastofburdon · · Score: 1

      The real problem is that it is just one party with two faces.

  2. There is no 'solution' by 0123456 · · Score: 5, Insightful

    Encryption is either secure, or it's not. And no-one wants to use insecure encryption.

    1. Re:There is no 'solution' by jdavidb · · Score: 2, Insightful

      I have a solution. My solution is that the government stop calling everything terrorism and stop making new laws to justify whatever it wants to do.

    2. Re:There is no 'solution' by KGIII · · Score: 1

      I guess I am kind of okay with them making new laws - there's at least some semblance of checks and balances in that. It's when they willfully violate the laws that really irks me.

      --
      "So long and thanks for all the fish."
  3. "For now"? by daveschroeder · · Score: 1

    Isn't every single possible state of affairs currently in existence, by definition, "for now"?

    Why the unnecessary qualifier?

    1. Re:"For now"? by SuricouRaven · · Score: 2

      Because this isn't over as an immediate issue - it's not something we can forget about until an event forces it back into the arena of debate. The consideration of appropriate policy is still an issue, only one approach has been ruled out - the same ends may yet be sought by other means.

    2. Re:"For now"? by s.petry · · Score: 2

      Isn't every single possible state of affairs currently in existence, by definition, "for now"?

      Why the unnecessary qualifier?

      My first guess is accidental honesty. And I don't believe them anyway.

      Obviously, if the ISP holds the encryption keys and the user has no control, then the ISP can access everything _and_ decrypt the data for the Government. "We won't decrypt" could simply mean that they may just hand over the key and containers separately. This meets the verbiage they just gave us, but does not mean your data is secure. It only changes who and where your data gets decrypted.

      So Facebook, Apple, Google, Amazon, Microsoft, etc.. all tell you that your data is encrypted at rest. Did you give them the public key to use?/p>

      If you don't encrypt it yourself, and you don't control the private key then you can expect that this statement was smoke.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    3. Re:"For now"? by Qzukk · · Score: 4, Insightful

      Because the threat of the government coming in and demanding everyone install a government approved backdoor on their encrypted data is real.

      That threat is the difference between "You're alive!" and "You're alive, for now!"

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    4. Re:"For now"? by operagost · · Score: 2

      Trust me, if Congress wakes up and starts working on a bill to protect encryption, Obama will escalate "for now" and suddenly decry Congress for being anti-law enforcement, and vow to veto.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    5. Re:"For now"? by gstoddart · · Score: 2

      That threat is the difference between "You're alive!" and "You're alive, for now!"

      Alive. Free. Protected by the Constitution. Not living under a fascist government.

      "For now".

      Enjoy those freedom fries, suckers.

      --
      Lost at C:>. Found at C.
    6. Re:"For now"? by jklovanc · · Score: 2

      To go a little further into what the OP is saying, the "for now" seems to be a criticism that there is not a law outlawing the requirement. This is a false premise. A law is not permanent. It is only in effect until another government comes along and changes it. Even a constitutional amendment can be changed (see prohibition). In effect everything a government does is "for now". The only difference is how easy it is to make a change. With no law it is very easy. With a law it is a bit harder. With a constitutional amendment it is very hard.

      If you don't understand that everything a government does is "for now" you have a problem.

    7. Re:"For now"? by Krishnoid · · Score: 1

      It leads into the next poll: "After reading the headline did you mentally tack on, 'Dun dun duuuunnnnnn!!!!'"

  4. In other words ... by gstoddart · · Score: 3, Insightful

    We accept for now there is public pushback against our planned fascism, for now we will back off on this, but in the future we reserve the right to proceed further with the fascism.

    I'm sorry, but if the US government is essentially just saying "fascism is only temporarily on hold", the US is already fucked.

    You have nothing to fear if you have nothing to hide; give us your papers please, comrade.

    --
    Lost at C:>. Found at C.
  5. So, full speed ahead! by Cpt_Kirks · · Score: 2

    Based on the track record of this administration, this means they are pushing full speed ahead on weak and backdoored encryption, but want the spotlight taken off of it. This will probably be a "SURPRISE" executive order.

    1. Re:So, full speed ahead! by LessThanObvious · · Score: 1

      They just have to wait for some event that triggers an increase in the fear index.

      Step 1) Scare the bejeezus out of the citizenry.
      Step 2) Legislate
      Step 3) Repeat step 1 as needed.

      President Obama, your lack of respect for individual rights and freedoms has been my greatest disappointment during your administration.

    2. Re:So, full speed ahead! by david_thornley · · Score: 1

      An executive order has precisely no authority over private individuals and corporations. There is no way a President can force Apple (for example) to make back doors without an act of Congress.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  6. For the moment... by operagost · · Score: 3, Insightful

    The pattern for Obama-- and many other politicians-- is this:

    1. Voice opposition to X.
    2. Announce s/he will engage in discussion with Y, which is a group that is clearly in favor of X.
    3. Come back months to years later, claiming s/he doesn't see any reason why X can't be implemented.
    4. If Congress doesn't implement it, reminds us s/he has a phone and a pen, and mostly implements it through executive regulation and taxation.
    5. Bonus step for Obama: if you oppose X, you're now racist/prejudiced even though you agreed with Obama at step 1.

    --

    Gamingmuseum.com: Give your 3D accelerator a rest.
    1. Re:For the moment... by tnk1 · · Score: 2

      This is certainly the way politics work, although I have to admit even I was astounded on the backpedaling Obama has done in comparison to what his campaign rhetoric was.

      Mind you, I knew it was all slick marketing to begin with, but even I thought he'd try to pretend to put up more of a fight.

      If you want someone who pretends really hard to look like they will follow through on their promises, the Republicans seem the better bet. Too bad what they are pretending to care about is retarded half the time.

      But there's gay marriage, so I guess it's all okay now.

  7. Sure I'll decode them, one sec by WillAffleckUW · · Score: 2

    I had all the hash keys printed out in this paper file.

    Hmm.

    Dang, guess it's missing.

    --
    -- Tigger warning: This post may contain tiggers! --
  8. Correct. Including the US government. by daveschroeder · · Score: 1, Troll

    And two former DIRNSAs agree.

    So does ADM Rogers -- except that every interpretation of various US officials' arguments on encryption wildly conflate multiple issues (such as domestic law enforcement, which can and does sometimes have a foreign intelligence connection, and foreign signals intelligence purposes), or utterly misunderstand the purpose, function, and targets of foreign intelligence.

    Yes, I know you (not OP, the "royal you") think you know it all, because you have taken things you think of as "proof" utterly out-of-context with zero understanding about things like foreign SIGINT actually works, and have seen 3-4 unrelated pieces of a 1000 piece puzzle, with some of those pieces actually parts of different puzzles, and believe you have the full picture.

    People continually and willfully seem to want to forget or ignore that actual, no-shit foreign intelligence targets also -- gasp! -- use things like iPhones, Gmail, Hotmail, WhatsApp, and so on. And, when foreign intelligence targets use these modes of communication, amazingly, we actually want to target them.

    If you're an American (or frankly, any innocent person) anywhere in the world who isn't an active member of a foreign terrorist organization or an agent of a foreign power, the Intelligence Community DOES NOT CARE ABOUT and actually DOES NOT WANT your data. Sounds crazy and bizarre for foreign intelligence agencies to care about things like foreign intelligence, I know, but it's true. Weird!

    I guess it's easier to believe that functioning democracies* all are constantly looking for ways to illegally spy on their own citizens who have done nothing wrong, rather than to believe that intelligence work in the digital age where the only distinction is no longer the physical location or even the technology used, but simply the target -- the person at the other end, is actually extremely complicated, and not fun.

    * If you don't think the Western liberal democracies of the world are worth a shit, or laugh at the term "functioning democracies" when used in reference to the US, warts and all, that simply means you have lost all perspective of reality, and are part of the problem. And it will be to our peril, because there actually are governments in the world who do spy on their own citizens, and wherein the people don't have anywhere NEAR the level of freedoms we have, no matter how terrible you think we are. And guess what? It's our national security and intelligence apparatus that we use to defend ourselves. If you're now so jaded that you don't actually believe the US and its allies, and their principles, are something worth defending and fighting for, then everything I have said here means nothing to you anyway. Just be advised that your perception of history and reality is fatally skewed.

    1. Re:Correct. Including the US government. by gstoddart · · Score: 4, Insightful

      If you're an American (or frankly, any innocent person) anywhere in the world who isn't an active member of a foreign terrorist organization or an agent of a foreign power, the Intelligence Community DOES NOT CARE ABOUT and actually DOES NOT WANT your data

      And there you have it ladies and gentlemen ... you have nothing to fear if you have nothing to hide.

      If you're now so jaded that you don't actually believe the US and its allies, and their principles, are something worth defending and fighting for

      If you believe you defend these things by undermining what they actually mean, then I'm afraid you don't deserve to have these things defended since you've already given up on them.

      If Americans are saying "well, gee, it's OK if the government has the ability to trample my rights, but it's OK because terrorists", then it's time to stop fucking pretending you have these things left to defend ... and the US should get on with failing utterly so the rest of the world can stop pretending you're not full of shit.

      Because increasingly Americans seem to think them being the enemy of the freedoms of everybody on the planet is OK.

      Here's a hint, it isn't.

      Everything you said screams "we as Americans have already give up, but as long as we have the illusion of security we don't give a fuck about the underlying principles".

      So, please, if you're going to abandon those principles, don't talk about defending them. Because it's either delusional or dishonest. Everything about this undermines those principles American claim to cling to.

      --
      Lost at C:>. Found at C.
    2. Re:Correct. Including the US government. by XXongo · · Score: 5, Insightful

      If you're an American (or frankly, any innocent person) anywhere in the world who isn't an active member of a foreign terrorist organization or an agent of a foreign power, the Intelligence Community DOES NOT CARE ABOUT and actually DOES NOT WANT your data. Sounds crazy and bizarre for foreign intelligence agencies to care about things like foreign intelligence, I know, but it's true.

      You would think. And, if the government lived up to our ideals for it, that would be true. Why would a government want to spy on their own citizens?

      But in the real world, history shows us that sometimes governments decide that they do want to spy on their own citizens. They decide that some citizens are "dissenters" and need to be spied on. They decide that court orders and civil rights don't apply to them. They make "enemy lists" and try to dig out dirt to discredit the enemies. They wiretap reformers and try to blackmail them.

    3. Re:Correct. Including the US government. by Hotawa+Hawk-eye · · Score: 2

      If you're an American (or frankly, any innocent person) anywhere in the world who isn't an active member of a foreign terrorist organization or an agent of a foreign power, the Intelligence Community DOES NOT CARE ABOUT and actually DOES NOT WANT your data.

      Really? I'm a bit surprised that NSA employees are allowed to enter into relationships and/or marriages with active members of foreign terrorist organizations or agents of a foreign power. [The article says that one incident has occurred per year -- a more accurate statement would probably be that one incident has _been detected_ each year.] And with what foreign terrorist organization or foreign power was Albert Einstein associated?

    4. Re:Correct. Including the US government. by dcollins117 · · Score: 4, Insightful

      If you're an American (or frankly, any innocent person) anywhere in the world who isn't an active member of a foreign terrorist organization or an agent of a foreign power, the Intelligence Community DOES NOT CARE ABOUT and actually DOES NOT WANT your data.

      Then why are they collecting it? Why is the fact that they are collecting it so secretive? Why then, do they share this data with other TLAs? Are we just supposed to forget that NSA officials used the data they collected to spy on their love interests?

      I've built a lot of databases in my day and I never put data in a database that I did not intend to use. You see, there would be no point in doing that.

      If, as you say, the Intelligence Community DOES NOT WANT our data why are they working so hard to obtain it.? Why should American taxpayers pay to be spied on? The government is supposed to work for us, on our behalf, based on our shared goals. It must also act with strict adherence to the principles set forth in the US Constitution, and stop making up highly questionable "interpretations" of law to try to justify highly illegal actions.

    5. Re:Correct. Including the US government. by Holi · · Score: 2

      If you're an American (or frankly, any innocent person) anywhere in the world who isn't an active member of a foreign terrorist organization or an agent of a foreign power, the Intelligence Community DOES NOT CARE ABOUT and actually DOES NOT WANT your data. Sounds crazy and bizarre for foreign intelligence agencies to care about things like foreign intelligence, I know, but it's true. Weird!

      Strange because our laws on encryption would mean fuck all to anyone except an American citizen.

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    6. Re:Correct. Including the US government. by Holi · · Score: 1

      hate to break it to you, but how things actually work might disappoint you if you think there is rampant abuse everywhere.

      Then why are the hoovering up all the metadata if it does not interest them?

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    7. Re:Correct. Including the US government. by Copid · · Score: 2

      Yes, intentional abuse, unintentional abuse, simple mistakes, human or machine error, and all manner of things happen in intelligence work. And those errors are such a vanishingly small proportion of what NSA does that it is nearly zero -- and they are still taken seriously.

      I have no doubt that the majority of the uses of the data are perfectly legitimate, but it seems to me that "taken seriously" is a bit of an overstatement here. Unless something has changed fairly recently, I think we have good reason to suspect that the generally good behavior of NSA employees has more to do with the fact that most people are decent and honest than with detailed oversight. A couple of disturbing things from that report:

      1) While the number of "substantiated" abuses appears to be small, it seems like the cases that were substantiated were caught more out of good luck than through the inevitable grinding gears of ubiquitous oversight. That makes me wonder if those 12 cases were really most of the story or if they were just the fruit that hung low enough to pick with the tools they have. Given the details of the stories, I suspect that we're not even picking low hanging fruit in these investigations. Just harvesting what's on the ground.
      2) "Written warnings" to people found to have abused the system sounds pretty thin. Perhaps the story needs more details, but it seems hard to come up with an example of "abuse" that shouldn't lead a loss of a security clearance.

      When oversight of people with powerful tools comes up, we always hear a lot of rhetoric about how they're already hamstrung and they're really honorable and it's only just a few bad apples and we'll just have to deal with that. The same song and dance comes out whenever people ask questions about abuse of authority by police. Just a few years ago, nobody with the power to do anything seemed to believe that the police could possibly do nefarious things and then use their authority and general lack of transparency to cover them up. Thanks to ubiquitous cell phone and body cameras, we're starting to realize that people are people, and they'll often do whatever they can get away with.

      I'm willing to believe that the NSA's record is much better than that of the average police force, but I'm also inclined to believe that we're still at the very early stages of getting the whole story on abuses.

      --
      An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
  9. For now.. by GrBear · · Score: 1

    The Obama administration has announced it will not require companies to decrypt encrypted messages for law enforcement agencies.

    Translation: Because the ones that are important to us already have backdoors.

  10. Strewth, Bruce! by Hognoxious · · Score: 1

    I guess this works in the same way as the University of Woolamaloo's Rule 2?

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  11. Not really by Etherwalk · · Score: 2

    Encryption is either secure, or it's not. And no-one wants to use insecure encryption.

    Not really. Encryption becomes more secure or more reliably secure as you do more correct things to it--extend key length, salt hashes where used, audit code, improve algorithms, etc... and less secure as other changes are made: faster machines, better algorithms, backdoors, quantum computing, etc...

    Nobody wants and few educated people trust the government to read their mail or *preserve the security* of a backdoor, so it gets more resistance in tech circles.

    Painting it as black and white is a useful communications tool, but also largely wrong--kind of like the government's position of "you can trust us to do this right!"

  12. Adobe ... by therealkevinkretz · · Score: 2

    "Adobe has not built ‘backdoors’ for any government—foreign or domestic—into our products or services. "

    Wrong. Adobe has built *lots* of backdoors - for government and others. Just not on purpose.

  13. The EFF has also compiled a report by frovingslosh · · Score: 1

    I actually looked at the report that a link was supplied to (sorry, I know that isn't usually done around here). All I can take from it is that everyone reported on is trying to play nice. If I were to believe it, even Microsoft. It is interesting to see the names that are not mentioned (such as Cisco and Google). But I was expected a much more open and honest report from EFF. Both to name the bad actors and to point out where companies who make blanket statements about their embracing of user privacy may not be living up to those statements. Just quoting what nice things some companies want to say about themselves is not a "report".

    --
    I'm an American. I love this country and the freedoms that we used to have.
  14. Solution to what? by HalAtWork · · Score: 1

    What exactly is the problem[sic] they're trying to solve?

    1. Re:Solution to what? by 0123456 · · Score: 1

      What exactly is the problem[sic] they're trying to solve?

      Freedom.

    2. Re:Solution to what? by david_thornley · · Score: 1

      Right now, all the information on my iPhone is encrypted in a way Apple can't read. If I am a suspect in a crime, and the police come up with probable cause, they can search my stuff looking for clues. They can seize my iPhone, but they have no way of getting any clues off it. (US jurisprudence seems to be adopting the idea that the court can demand a key only if the court knows there's something specific on it.)

      What the FBI etc. wants is a way to get information off my iPhone with a warrant and without my cooperation. (Well, they probably want to be able to get information off it at all times, but they can more easily justify a law that requires a warrant.) This would be similar to CALEA, a US law that says that any kind of telephone-type system has to be tappable with a warrant.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    3. Re:Solution to what? by AHuxley · · Score: 1

      The US government has 2 options.
      Infect the cell network over any nation of interest. Use equipment interference to get into an interesting users cell phone to log all data in/out/entered/images/voice print/gps.
      Both options work well if other nations are happy to let 5 eye nations access their own domestic networks and domestic staff help hide all traces..
      The main issue is the quality staff of understanding the totality of their nations cell networks at a domestic level and talking to outside very smart AV firms, in open courts or the tech press about strange powerful not requested software upgrades.
      The better solution is just to set a tame international standard that states all law enforcement can access and get it built into every cell phone produced by default.
      The the issues is how to sell the public on a few trusted nations, ex staff, former staff, random smart other nations mil/gov, anyone who can afford to hire ex staff, telcos, the more wealthy press and media ... having total access to keystroke logging/all functions of any phone as a weak remote default software setting.
      In the past push out tower wide setting has been attempted.
      https://theintercept.com/2015/... (Sep. 29 2015)
      Telecom scandal https://en.wikipedia.org/wiki/...
      Or the per phone option WARRIOR PRIDE and the SMURF list https://en.wikipedia.org/wiki/...
      Brands talking of any after data input encryption or total network encryption is really no use, as every keystroke is logged as entered before a high level network or brand of network crypto application. Network encryption works but the plain text entry and display is the collection point :)

      --
      Domestic spying is now "Benign Information Gathering"
  15. I'd use a Chinese... by ewhenn · · Score: 1

    I'd use a Chinese encryption system with a back door before I'd use an American one with a back door. Simply put Chinese laws have no jurisdiction where I live and American laws do. That being said, I'd prefer that China read my email over America. I think that the govt. realizes this. Hypothetically speaking, if you were an American and you could pick that either the Chinese or American govt. could decrypt your email that shows tax cheating, which one would you prefer have access?

  16. Re:Wow. Talk about misreading, and missing the poi by fuzznutz · · Score: 1

    If you're an American (or frankly, any innocent person) anywhere in the world who isn't an active member of a foreign terrorist organization or an agent of a foreign power, the Intelligence Community DOES NOT CARE ABOUT and actually DOES NOT WANT your data.

    The last I heard there was a pen register standing order in effect for ALL cell phone metadata for all the major US carriers. It was only recently renewed in September. Unless there was an active exception for "Dave Schroeder, NSA apologist" I would say your argument falls apart. If they "DOES NOT WANT" my data, maybe they shouldn't be asking for it. Or retroactively changing laws to make what was illegal when it was secret, to be legal now that everyone knows.

  17. Re:Wow. Talk about misreading, and missing the poi by Holi · · Score: 2

    Phone calls fine, But my location when I made that call? Because I certainly did not provide that to any third party.

    --
    Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
  18. Re:Wow. Talk about misreading, and missing the poi by david_thornley · · Score: 1

    Thing is, I don't trust the intelligence agencies. We know that some LOVEINT was going on at the NSA, but not how much (I'm not naive enough to think that the problem was accurately reported). We know that the FBI has infiltrated perfectly innocent organization, so the three-letter entities aren't limiting themselves to the probable guilty.

    Also, if there's a backdoor the government can use, there's a backdoor that someone else can discover and use against me.

    As far as WWII codebreakers go, I seem to remember they were cracking Japanese, German, and Italian cryptosystems. Not US or UK.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  19. Re:Wow. Talk about misreading, and missing the poi by russotto · · Score: 2

    If you're an American (or frankly, any innocent person) anywhere in the world who isn't an active member of a foreign terrorist organization or an agent of a foreign power, the Intelligence Community DOES NOT CARE ABOUT and actually DOES NOT WANT your data.

    This may have been true at one time. Since the USA PATRIOT Act, with its relaxation on sharing of information between intelligence and law enforcement agencies, it is no longer true if it ever was. We have intelligence information used for drug busts, and then that fact covered up through "parallel construction". That pretty much blows your claim out of the water. This is not individual abuse; this is official practice.

    Now any time I hear about a criminal caught due to an "anonymous tip" or through some supposed routine process, I have to wonder -- is that really a story invented to cover up the use of intelligence data for law enforcement purposes? And some of the time, it will be.

  20. Re:Wow. Talk about misreading, and missing the poi by KGIII · · Score: 1

    Actually, with triangulation, you probably did. Albeit not willfully or knowingly for most people.

    Do not misconstrue this as my accepting or advocating these policies of data collection. I do not like them, not one bit. I'm simply responding to point out that you probably did, in fact, provide that information even if you didn't want to. GPS data may even be appended - I don't know. If it is then they should make that clear as I am sure there are situations where you're not actually able to be triangulated such as in my home area where there are only two towers and, further out, but a single tower within reach.

    --
    "So long and thanks for all the fish."
  21. Was any other decision even possible? by Cajun+Hell · · Score: 1

    The Obama administration has announced it will not require companies to decrypt encrypted messages for law enforcement agencies.

    Suppose they had decided the other way. Just what company would have been required to crack GnuPG? The Coca Cola company? Chevrolet? The New York Times? Point guns at whatever innocent peoples' faces that you want to, and you're still not going to magically give them the ability to bruteforce AES.

    Now suppose they approach someone (again, with gun in hand: "obey me or else I will murder you") and ordered them to produce a fork of GnuPG with a backdoor. Ok, that might work. But what incentive does everyone have, to use that fork? You can produce all the crippled crapware that you want, but even the people who bother to install it, just do it by mistake.

    The issue isn't going to be revisited; it's a permanent victory because there's no reasonably plausible way that things can go any other way.

    --
    "Believe me!" -- Donald Trump
    1. Re:Was any other decision even possible? by pauljlucas · · Score: 1

      But what incentive does everyone have to use that fork?

      Remaining un-fined and/or un-imprisoned is a pretty good incentive. If you're a tech company and you continue to use the now-illegal encryption without the back-door in your products, you will be fined, daily, until you comply and/or your CEO will be thrown in jail.

      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
  22. Re:BRING BACK THE CLIPPER CHIP! by KGIII · · Score: 1

    I see you're trying to make a funny. Would you like some help with that?

    --
    "So long and thanks for all the fish."
  23. Re:Wow. Talk about misreading, and missing the poi by Copid · · Score: 1

    That is in no way, shape, or form akin to saying, "you have nothing to fear if you have nothing to hide." It is not making an argument that the government "should" have your data. It is saying that the Intelligence Community, in the form of the foreign intelligence agencies, does not want your data -- doesn't want to touch it, doesn't want to see it, doesn't want to read it, whether it's encrypted or not.

    So, practically speaking, what does that mean? If we're all in agreement that the intelligence community doesn't want access to my data, but they do want the tools to be able to read the data of foreigners who use the same types of systems I use, some practical problems fall out of that:

    1) It means that anybody who isn't a member of the US Intelligence Community who does want my data would likely have access to it through the same channels.
    2) I have only the assurances of a group of people who are not particularly transparent that they aren't accessing my data anyway.

    --
    An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
  24. Re:Wow. Talk about misreading, and missing the poi by fuzznutz · · Score: 3, Informative

    Yeah, and guess what?

    Smith v Maryland (1979) says that phone call records, as "business records" provided to a third party, do not have an expectation of privacy, and are not covered by the Fourth Amendment. And the only data within that haystack that we care about are the foreign intelligence needles. I know that's difficult to comprehend, but it's the law of the land, unless and until SCOTUS reverses that ruling. And they very well may.

    Until that happens, "We're pretty aggressive within the law. As a professional, Iâ(TM)m troubled if I'm not using the full authority allowed by law." -- General Michael Hayden

    And when the full authority of the law is insufficient to do whatever they want, they will search until they find a creative lawyer to offer a legal opinion to redefine what the law really means and justify whatever they want to do. http://www.newyorker.com/magaz...

    You might also want to update your sources, Mr. apologist. The 2nd U.S. Circuit Court of Appeals ruled the law overseeing data collection could not be interpreted to have permitted the NSA to collect a "staggering" amount of phone records, contrary to claims by the Bush and Obama administrations. Lucky for them, Congress amended the law, moving the goalposts in mid game.

    https://www.aclu.org/legal-doc...

    Hopefully, you will find this as easy to comprehend as the Smith v Maryland case. And before you start wiping the brown off your nose and begin frothing at the mouth with another justification, I know it hasn't made it to the Supreme Court yet. Hopefully, you noticed Governor Jerry Brown signed the California Electronic Communications Privacy Act law yesterday. That should give you a clue that you are on the wrong side of this issue.

  25. looking for snakes by v1 · · Score: 1

    Reading the linked list of "company policies", I found a few snakes in the grass. Before anyone jumps and yells "You can't draw conclusions just because they're being vauge!"... YES I can, yes I will, and yes I should. These are major company policy announcements and an opportunity to add significant value to a company's products. If they're being vague here, they're hiding something or they are profoundly stupid. BOTH are good reasons not to do business with them.

    Adobe
    Adobe has not built 'backdoors' for any governmentâ"foreign or domesticâ"into our products or services.

    And thank you very much for that. Although you really don't have that much data on me or any of my information...

    Amazon
    we oppose legislation mandating or prohibiting security or encryption technologies that would have the effect of weakening the security of products, systems, or services our customers use, whether they be individual consumers or business customers.

    Um.... why didn't you have anything to say about whether or not you have back doors? Oh, probably something to do with that gag order. ok then.

    Apple
    We also refuse to add a backdoor into any of our products because that undermines the protections weâ(TM)ve built in. And we can't unlock your device for anyone because you hold the key â" your unique password. We're committed to using powerful encryption because you should know the data on your device and the information you share with others is protected.

    YEAH! That's how you do it. The article author loved that response.

    Well said, just what I wanted to hear from you. You're only doing what you legally have to, and aren't just forking my data over to anyone that flashes a badge.

    Dropbox
    Governments should never install backdoors into online services or compromise infrastructure to obtain user data. We'll continue to work to protect our systems and to change laws to make it clear that this type of activity is illegal.

    In other words, we've already given in to the government and have installed back doors, but we're trying to find a legal way to get rid of them.

    Microsoft
    As we have said before, there are times when law enforcement authorities need to access data to protect the public. However, that access should be governed by the rule of law, and not by mandating backdoors or weakening the security of our products and services used by millions of law-abiding customers. This should concern all of us.

    Ditto. We're already doing it to you, but trust us, we don't like doing it, and neither should you.

    Pinterest
    Pinterest opposes compelled back doors and supports reforms to limit bulk surveillance requests.

    Are we seeing a trend yet?

    Slack
    Slack opposes government-mandated âoeback-doorsâ of any kind but particularly a government-mandated requirement that would compromise data security.

    Yes we've heard that from several of you now. I'd really rather hear about your actions than your words.

    Snapchat
    Privacy and security are core values here at Snapchat and we strongly oppose any initiative that would deliberately weaken the security of our systems.

    So do we. Which is why we don't want to do business with you either.

    Sonic
    Finally, we are stating for the record our position regarding compelled inclusion of back doors, deliberate security weaknesses or disclosure of encryption keys. Sonic does not support these practices.

    Um, the government doesn't care WHAT you do or don't support. They tell you do to it and you either take them to court or you say "yes, massa, right away, massa". Looks like another silver-tongued cop-out.

    OK this is getting repetative. Here's the rest:

    Tumblr
    Wickr
    Wordpress
    Yahoo

    We'll fight the laws that allow them to do so,
    We ... urg

    --
    I work for the Department of Redundancy Department.
  26. Re:How about by Dr+Damage+I · · Score: 1

    It would be nice, but once you build in the weakness that allows the government to do this, you can't keep anyone else from exploiting the same weakness.

    --
    "Cursed is he who rises early in the morning..." Isiah 5:11