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UK Gov't Can Demand Backdoors, Give Prison Sentences For Disclosing Them (arstechnica.co.uk)

An anonymous reader writes with some of the latest news about the draft Investigatory Powers Bill. Ars reports: "Buried in the 300 pages of the draft Investigatory Powers Bill (aka the Snooper's Charter), published on Wednesday, is something called a 'technical capability notice' (Section 189). Despite its neutral-sounding name, this gives the UK's home secretary almost unlimited power to impose 'an obligation on any relevant operators'—any obligation—subject to the requirement that 'the Secretary of State considers it is reasonable to do so.' There is also the proviso that 'it is (and remains) practicable for those relevant operators to comply with those requirements,' which probably rules out breaking end-to-end encryption, but would still allow the home secretary to demand that companies add backdoors to their software and equipment. That's bad enough, but George Danezis, an associate professor in security and privacy engineering at University College London, points out that the Snooper's Charter is actually much, much worse. The Investigatory Powers Bill would also make it a criminal offense, punishable with up to 12 months in prison and/or a fine, for anyone involved to reveal the existence of those backdoors, in any circumstances (Section 190(8).)"

Professor of journalism at City University Heather Brook writes at the Gaurdian: "When the Home Office and intelligence agencies began promoting the idea that the new investigatory powers bill was a “climbdown”, I grew suspicious. If the powerful are forced to compromise they don’t crow about it or send out press releases – or, in the case of intelligence agencies, make off-the-record briefings outlining how they failed to get what they wanted. That could mean only one thing: they had got what they wanted. So why were they trying to fool the press and the public that they had lost? Simply because they had won. I never thought I’d say it, but George Orwell lacked vision. The spies have gone further than he could have imagined, creating in secret and without democratic authorization the ultimate panopticon. Now they hope the British public will make it legitimate."

116 of 187 comments (clear)

  1. Scary stuff and nobody cares by RobinH · · Score: 5, Insightful

    The scariest thing about living in a "democracy" (Republic) now is that the *majority* really don't care about their rights, as long as they can watch their reality TV and they have someone to publicly shame on Facebook/Twitter.

    --
    "I have never let my schooling interfere with my education." - Mark Twain
    1. Re:Scary stuff and nobody cares by Dog-Cow · · Score: 4, Interesting

      You are 100% right that the majority does not care. If they did, it would be simple enough to assume that all British companies are backdoored and to drive them out of business by using alternatives in other countries. Granted, those other companies might also be backdoored, but the point is to make a point to the local authorities.

    2. Re:Scary stuff and nobody cares by Anonymous Coward · · Score: 1

      > The scariest thing about living in a "democracy" (Republic) now is that the *majority* really don't care about their rights, as long as they can watch their reality TV

      As a non-US and non-UK citizen, my country's history was heavily inspired in fights for Freedom like the US Independence and the famous French Storming of the Bastille.

      Those were sad moments to make real the conquest of Freedoms which have a better taste when not tainted by blood. Notwithstanding that, they are of utmost importance and people only realize it after losing it.

      This is why I voice my opinion many, many times, even if it can be said I'm not entitled to do it (for being a foreigner, that is). But to use an analogy I've used once, it's like seeing a blind person walking with a big hole ahead: you cannot avoid acting, if not more then just by shouting "Stop!".

      But the blind must learn to hear -- they won't survive on their own...

    3. Re:Scary stuff and nobody cares by peragrin · · Score: 1

      What i find amazing is that you think this is something new.

      It is as old as democracy itself. As long as they aren't being bothered people won't bother doing something.

      oblig :http://xkcd.com/1601/

      pretty much sums it up.

      --
      i thought once I was found, but it was only a dream.
    4. Re:Scary stuff and nobody cares by Richard_at_work · · Score: 1

      It isn't new, its been available to the police and government since the first iteration of the Regulation of Investigatory Powers Act in 2000.

    5. Re:Scary stuff and nobody cares by umghhh · · Score: 2

      That is why we outsource these difficult mostly boring but for a society vital tasks to people that care i.e. politicians. It is a win/win.

    6. Re:Scary stuff and nobody cares by oobayly · · Score: 5, Insightful

      I have a colleague who is perfectly happy to throw away his rights - "I don't care what they do if it's anti-terror related" and "we need to get rid of all this human rights bullshit", which was in response to my mention of civil rights, namely being detained without charge and warrant-less access of private data.

      The problem is that civil/human rights don't feature very high up on people's priorities because they don't need the obvious ones on a daily basis, and they don't realise how much of our daily lives is made possible because of those rights. More succinctly - people don't care about their rights until they need them.

      In a way, it's very similar to how all these people are leaving their countries to join ISIL - they're blind to the freedoms they've been afforded and go off to fight the kind of regimes their parents fought to escape from.

    7. Re:Scary stuff and nobody cares by Anonymous Coward · · Score: 1

      If you get rid of your human right to life, we won't have to listen to your stupidity ever again.

    8. Re:Scary stuff and nobody cares by ArmoredDragon · · Score: 3, Interesting

      I kind of wonder if this law would impact ARM Holdings, which has potential implications for the smartphone industry.

    9. Re:Scary stuff and nobody cares by havana9 · · Score: 1

      Quite a lot of Italians in the last century agreed with these ideas: they even made a party. Unfortunately people that fought in the WWII are less and less, so the memories of what are authoritarian states is fading away.

    10. Re:Scary stuff and nobody cares by AmiMoJo · · Score: 1

      It could completely destroy them, or at least force them to leave the UK.

      Say the Home Secretary, not really understanding these things, granted a request from MI5 to put a backdoor in the next version of the ARM ABI. If ARM comply it will probably be apparent to all the manufacturers who licence the design. Even if they somehow hide it, eventually it will be discovered and billions of devices will be exploitable with little prospect of a software fix. It could easily sink ARM.

      So either ARM screws themselves or they leave the UK and move everything to a safer country, somehow without revealing why they are doing it. Having said that, it would be kind of difficult for MI5 to have the CEO arrested for not complying, so presumably they would try to force an engineer to sabotage ARM. Could that engineer even just quit before being forced to act unethically?

      Scary stuff.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    11. Re:Scary stuff and nobody cares by flogvit · · Score: 1

      In a democracy the majority decide what is correct, so if the majority does not care, they have forfeit their previous rights. The minority can of course complain that the previous rights should be the current rights though, and work to get more people to think the same. It's how a democracy works. Another question is if we actually have a democracy these days.

    12. Re:Scary stuff and nobody cares by shugah · · Score: 1

      Box.com would also likely be effected. If I recall, one of the primary reasons for locating in the UK was to cloud storage outside the reach of the USA Patriot Act.

      --
      If you aren't part of the solution, then there is good money to be made prolonging the problem
  2. If you find a backdoor by ebonum · · Score: 1, Redundant

    Since you can't disclose it, what can you do? I guess your only option is to take a vacation in Russia. Perhaps someone there will talk to you and not do something insane like try to arrest you! They might understand your frustration and try to cheer you up by giving you a few presents.

    Is this like American law? If a Malaysian finds a back door in an Indian software program used by the Chinese and gives it to the Malaysian version of the NSA, will the Brits nab him when he passes through some airport in Thailand and take him back to the UK for trial?

    1. Re:If you find a backdoor by rcase5 · · Score: 5, Interesting

      Is this like American law?

      No, it isn't. In the 90s, there was an effort by the Clinton Administration to implement a key escrow system whereby all encrypted transmissions would have been required to submit encryption keys to some agency, so that the government could eavesdrop on those transmissions. The IT community here in the U.S. had a shit fit, and eventually defeated that idea, even though the Clinton Administration tried to scare us into thinking that if they couldn't monitor such transmissions, all sorts of awful things might happen. Except for the attacks on September 11, 2001, nothing has happened here, and our government still had plenty of warning about those attacks even without these system in place.

      There have been other stories more recently where large telecommunications companies have been cooperating with the U.S. Government in essentially making a copy of all transmissions over the Internet. While those companies were not required to comply (and there were a few who chose not to), they did anyway. There was a huge stink made about that as well, and as far as I know, those operations have been shut down (I'm sure someone will correct me if I'm wrong).

      As far as I know, nobody here in the U.S. is required to install back doors into their systems so that government agencies can gain access at-will. After the kerfuffle in the 90s, I seriously doubt such a measure would pass into law. In a way, this highlights the silliness of the UK undertaking such a measure in their law. If UK concerns are required to put in back doors, but nobody else in the world has the same requirement, it means the UK government is essentially spying on their own citizens. They are also increasing the likelihood that a foreign concern (government, company or individual) could break into these systems and make it easier for them to effectively spy on the UK. This would drive people to host their email and web sites (among other things) on foreign servers (likely US or Canada), and could put UK hosting providers out of business, along with other consequences.

      If I were a British subject, I would complain to my representatives, LOUDLY, that this is a really bad idea.

    2. Re:If you find a backdoor by AHuxley · · Score: 2

      Re "I seriously doubt such a measure would pass into law"
      The NSA and GCHQ let a generation of users enjoy US based consumer operating systems that responded well to gov malware and keyloggers. After that any compiled export crypto is a junk layer. Some great busy work and a generation of legal distraction.
      Re "There was a huge stink made about that as well, and as far as I know, those operations have been shut down (I'm sure someone will correct me if I'm wrong)."
      The fuss made just further covered collect it all and the ability to collect per person per US designed device.
      Re 'could break into these systems and make it easier for them to effectively spy on the UK"
      Hints of methods and easy network access showed up in the UK press around 2000.
      "'Clean-up' police branded corrupt" (Sunday 31 March 2002)
      http://www.theguardian.com/pol...
      Huge amounts of secure digital information was floating around for sale from courts, police to the press or anyone with cash. ie any "government, company or individual" could buy into any secure network.

      --
      Domestic spying is now "Benign Information Gathering"
    3. Re:If you find a backdoor by fustakrakich · · Score: 2

      If I were a British subject, I would complain to my representatives, LOUDLY, that this is a really bad idea.

      You are obviously outnumbered. Enjoy the ride.

      --
      “He’s not deformed, he’s just drunk!”
    4. Re:If you find a backdoor by drinkypoo · · Score: 1

      While those companies were not required to comply (and there were a few who chose not to), they did anyway.

      Who told you that they were not required to comply? They lied to you.

      There was a huge stink made about that as well, and as far as I know, those operations have been shut down

      Who told you that these operations have been shut down? Guess what they did?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  3. Re: Draft by bill_mcgonigle · · Score: 2

    When they write up these "drafts", usually what they just do is figure out what kind of legal crap they're already doing and put it down on paper for ratification by the "representatives".

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  4. British Intelligence? by Coisiche · · Score: 2, Insightful

    The clause about penalising those who reveal the existence of backdoors created for use by British security service surveillance is classic upper class twat thinking... "If we don't tell anyone it exists then no-one will find it, tee hee". Problem is there is a world full of people smarter than them that will find the backdoors easily.

    1. Re:British Intelligence? by drinkypoo · · Score: 4, Insightful

      The clause about penalising those who reveal the existence of backdoors created for use by British security service surveillance is classic upper class twat thinking... "If we don't tell anyone it exists then no-one will find it, tee hee". Problem is there is a world full of people smarter than them that will find the backdoors easily.

      Your problem is that you assume that you're smarter than these people because they do things which are harmful to the citizenry. That's stupid. They're doing this shit on purpose. They have no illusions about being able to hide the back doors from malicious actors. They don't care about the fallout! They only want to stifle dissent, like any well-heeled fascist. If they make it illegal to talk about the back doors, then many people won't talk about them, and the full extent of the problem will be hidden from the masses. They aren't trying to avoid people discovering the back doors. They're trying to keep the masses of asses complacent.

      They are, of course, succeeding. You're glad they took your guns away. Next you'll be happy when they ban large chef's knives.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:British Intelligence? by Anonymous Coward · · Score: 1

      "You're glad they took your guns away."
      You got that right.

    3. Re:British Intelligence? by drinkypoo · · Score: 3, Insightful

      Tell me, "drinkypoo" when are you going to start fighting back with your guns?

      There's no point to terrorism, only armed revolt, which one can't do oneself. You claim to be against gun violence, but then you ask when the individual will use it because that's what you really want. You're dead inside, so as long as something is happening, you're excited.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:British Intelligence? by jeremyp · · Score: 3, Interesting

      That's not the point at all. It's not about keeping the backdoors secret but about stopping people from advertising that they exist. Companies like Apple and Google and Facebook and even the BBC would comply with the request to put back doors in but they would put a notice on the log in screen (for British customers only) along the lines of

              "Although we respect your privacy, be aware that, by order of the British Government we have to make your data available to them on request".

      There's nothing like having a reminder every time you use Facebook, that your own government wants to snoop on you for driving up opposition.

      --
      All I want is a secure system where it's easy to do anything I want. Is that too much to ask ~~ Randall Munroe
    5. Re:British Intelligence? by AHuxley · · Score: 2

      re " "If we don't tell anyone it exists then no-one will find it, tee hee""
      The UK got access to most embassies in Europe in the 1920's-30's, Engima, all French diplomatic communications after 1945 into the 1960's, almost all trusted export crypto used globally until the 1980's. More is now understood thanks to whistleblowers.
      It worked because nobody was smart enough to look or had the ability to openly publish Western crypto findings. No book, magazine, newspaper would really consider the story interesting. A classic version of the D-Notice https://en.wikipedia.org/wiki/... helped with publishers too.
      Now everyone in the UK can get to enjoy a digital D-Notice for talking, asking, recalling past methods or publishing findings, thinking about methods online :)
      Anti-Social Behaviour Orders for the smart people who find or look for or talk about malware, crypto, know of advanced maths or computer systems.

      --
      Domestic spying is now "Benign Information Gathering"
    6. Re: British Intelligence? by drinkypoo · · Score: 1

      You only have to snipe a few selected individuals. You don't need to take on the Army or even the cops. Target the One Percenters.

      Yeah, try that, and see how quick the cops or even the army shows up to show you the error of your ways.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    7. Re:British Intelligence? by Applehu+Akbar · · Score: 1

      "Next you'll be happy when they ban large chef's knives."

      The UK already has knife control. In fact, it is technically illegal to carry around any object, such as a flashlight or a cricket bat, that could be used as a weapon depending on the situation at a given time.

    8. Re:British Intelligence? by Fire_Wraith · · Score: 1

      Because legal ramifications stopped Edward Snowden, right?

      Nevermind the fact that in today's world, everyone everywhere is constantly looking at things for bugs, vulnerabilities, exploits, and once you're discovered, the game is up. You either have to patch the backdoor, rendering it useless, or anyone will be able to use it. You can't make it "just for us 'good' guys." (And of course, that's leaving aside the fact that it's highly problematic to be granting unchecked spying powers to domestic agencies, hence the scare quotes in 'good' guys)

    9. Re:British Intelligence? by AmiMoJo · · Score: 1

      How would a multinational company even comply with this? Most of Google's services are not developed by Google's UK staff, or managed by them. If they tried to insert a backdoor it's likely that staff in the US would notice pretty quickly and kick up a fuss. UK law can't silence them.

      For example, Android OS updates and security fixes are managed by Google in the US. If the UK arm suddenly requested that they take that function over, but with no explanation as to why, it would be suspicious to say the least. Google US would probably say no in any case. Ditto for Apple and iOS updates.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    10. Re: British Intelligence? by Jason+Levine · · Score: 1

      Ok, let's suppose you manage to kill a couple of well placed individuals before you're caught and sent to prison (if you even make it into custody/to trial alive and aren't given the death penalty). Do you think the entire program will simply crumble without those VIPs? There are plenty of power hungry folks waiting to take the place of the VIPs you take out. Some might be slightly better than the VIPs, some might be worse.

      What's more, after you've killed the VIPs, those in power will spin the event as proving that these "enhanced security measures" are not only needed, but aren't enough and they need MORE power. Most of the public will see the event as "crazy guy shoots up important people," will nod in agreement, and will sit back as more of their rights get taken away. If anything, going on a shooting rampage will result in more invasive programs, not a government that turns back from them.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    11. Re:British Intelligence? by aaarrrgggh · · Score: 1

      You develop versions for each country you sell in, which the local subsidiaries. Might create a whole market for "offshore electronics..."

      We are in trouble if these government overreaches are not stopped. Don't have much hope personally though.

    12. Re:British Intelligence? by Cederic · · Score: 1

      Joyfully it's also legal to carry around a rifle while you have a large knife on your belt.

      It's all down to circumstances.

    13. Re: British Intelligence? by drinkypoo · · Score: 1

      Some might be slightly better than the VIPs, some might be worse.
      What's more, after you've killed the VIPs, those in power will spin the event as proving that these "enhanced security measures" are not only needed, but aren't enough and they need MORE power.

      And there you have it in a nutshell. These right here are the very reasons why it doesn't make sense to start shootin' by oneself. It will only make things worse. That's how you can tell someone is insane. They don't comprehend this. They really think they're going to make the world a better place by assassinating some people. But if I may speak stereotypically metaphorically, removing some cogs from the machine won't help if they can replace them faster than you can remove them.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    14. Re:British Intelligence? by Anonymous Coward · · Score: 1

      America - massive prison population, cops killing innocent people daily, TSA checks everywhere, Guantanamo bay, laws being passed in secret, yet for some reason guns = more freedom?
      Your government and corporations are screwing you, and so far your guns have been of no help at all. If anything they give the authorities an excuse for the police-state you're under. Well done. Go stroke your gun so it makes you feel better, but that's as about as far as your gun will get you, and your freedoms will continue to slip away.

  5. Huh by goarilla · · Score: 1

    So they will be enforcing "security by obscurity" ?

    1. Re:Huh by Errol+backfiring · · Score: 2

      Yes, only it is illegal to even discover the backdoors. This is great for security firms. Those firms are off course not notified of the backdoors, but it will be illegal to report those malicious pieces of code. Unless they are programmed by a non-government criminal, in which case it is their job to disclose them. Nice!

      --
      Nae king! Nae laird! Nae yurrupiean pressedent! We willna be fooled again!
    2. Re:Huh by Tomahawk · · Score: 3, Informative

      Only if they are in the UK. Everyone other country can find and tell everyone about the backdoors as they are not bound by UK law.

    3. Re:Huh by Jason+Levine · · Score: 1

      I wonder: If someone from outside the UK found and reported a backdoor used by the UK government, could a UK security firm repeat this report in any way (since it has now been disclosed)? Or would that get them in trouble too? Either way, could they tell colleagues outside of the UK "hey, want to see something interesting, look over there" (i.e. not saying where/what the backdoor is but pointing their colleagues in the right direction) without getting in trouble?

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    4. Re:Huh by pla · · Score: 1

      Only if they are in the UK. Everyone other country can find and tell everyone about the backdoors as they are not bound by UK law.

      Yet another reason to run Antivir or Kaspersky or ESET.

      It strikes me as sublimely ironic that the realities of the current international political landscape make it far, far safer for most of us to run software from a country with a government antagonistic to my own - Sure, it no doubt still contains malware friendly to Germany or Russia or Slovakia, but those governments have absolutely no interest in me, except insofar as they might hope I have some privileged access to US government data (which I don't).

    5. Re:Huh by Alain+Williams · · Score: 1

      Yes: although there have been attempts to prevent publication in the UK of facts 'revealed' in another country, the government has usually ended up taking the pragmatic approach and back down - if it is out overseas, then it is OK to publish in the UK -- but often only after quite some delay.

  6. Only if the home secratary thinks it's reasonable by serviscope_minor · · Score: 5, Informative

    Ooh it's all OK then. It'll only happen if the home secretary thinks it's "reasonable". Good job we don't have a party independent constitution which guarantees there's always a hard line nutcases as home secretary.

    The answer of "is it reasonable according to the home secretary" is always a resounding "yes", with a side order of "fuck you, proles".

    --
    SJW n. One who posts facts.
  7. Shortsighted law by wienerschnizzel · · Score: 5, Insightful

    So what happens if the backdoor leads to a different criminal offence - such as leaking of the medical records of millions of citizens? Will the company be allowed to disclose that the vulnerability has been introduced to comply with another law? Can the company be held liable for the consequences?

    1. Re:Shortsighted law by CanadianMacFan · · Score: 2

      It's the UK. They'll just say that a CD was left on a train and everyone will believe it.

  8. Re:Concerns of a US citizen by EmeraldBot · · Score: 4, Informative

    Not too long ago, Europe objected that the US wasn't adequately protecting European citizens' data when US businesses are subject to government spying. These are legitimate concerns, but Europe is doing exactly the same thing the US is. As a US citizen whose data might be processed in Europe by multinational companies, how can I trust that my data is safe? When US companies and the US government are involved, I have the recourse of the court system. But there's no such recourse for me if the EU is spying. As a US citizen, I don't want my data shared with or processed in Europe. At least if it's in the US, I have a modicum of hope that the courts can protect me from government abuses.

    UK != EU, especially when the UK's not even fully in the EU. Although reduced from what they used to be, Germany's concept of privacy far exceeds American or British standards; your data is much safer there, although ultimate privacy is an incompatability with the advent of the internet.

    --
    "Set a man a fire, he'll be warm for the rest of the night. Set a man afire, he'll be warm for the rest of his life."
  9. Proof-reading... by shabble · · Score: 3, Funny

    Professor of journalism at City University Heather Brook writes at the Gaurdian

    Someone's misspelt Grauniad.

  10. Police State by nospam007 · · Score: 2

    One can only hope that they will leave the EU, the sooner, the better.

    1. Re:Police State by AmiMoJo · · Score: 1

      Yeah, sorry Europe, we know we are being tawts but we need to stay in because the ECHR is the only thing that stops us descending into an East Germany style paranoia fuelled police state.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    2. Re:Police State by coastwalker · · Score: 1

      Tragically I think that this analysis is fairly close to the mark. The moronic public have been sold the lie that opting out of human rights legislation is all about preventing the EU from forcing the UK to give prisoners the right to vote and preventing the deportation of assorted terror suspects. It is actually about giving the Tory parties sponsors the right to treat their employees as slaves but the media never discusses this.

      --
      Facts are history now plebs have politics for religion on social media.
  11. Catch-22? by NetAlien · · Score: 4, Insightful

    Does this prevent an implementer from disclosing it to the agency itself? "The Investigatory Powers Bill would also make it a criminal offense, punishable with up to 12 months in prison and/or a fine, for anyone involved to reveal the existence of those backdoors, in any circumstances (Section 190(8).)"

  12. Re: China as a precursor by Anonymous Coward · · Score: 1

    There will be no revolution. Surveillance will detect any trouble-raiser and they will be arrested and dealt with before they can do anything. If push comes to shove, and people take it to the street, the police will open fire on them without mercy. The was is long over, we lost without firing one shot. We waited too long. Now it's over, for us and everybody else. All hail the Ruling Elite.

  13. Spectre, anyone? by muecksteiner · · Score: 2

    The other day, I watched the new Bond. What has the world come to, if the plot of such a movie actually starts to sound realistic? Especially the bit about the own guys not being the good ones anymore?

  14. hope the British public will make it legitimate. by fustakrakich · · Score: 1

    They did that when they voted for these people. Five more years... Enjoy

    --
    “He’s not deformed, he’s just drunk!”
  15. Always assume they know... by Tomahawk · · Score: 2

    When I was studying IT Security and encryption, one of the things that came up a lot was that you should always assume the process of the encryption is known [as well as some of the text of the message]. Typically it's because the encryption process is a standard (AES, for example). Security through obscurity doesn't exist. And it's far easier to keep a key secret than an algorithm (or source code).

    So if the UK are trying to ensure that a backdoor exists in any encryption method created, then EVERYONE IS GOING TO KNOW ABOUT IT! It will be impossible to keep the existence of a backdoor secret. They may have a 12 month sentence for anyone who leaks this information, but you have to assume that it will be leaked, and you have to assume that everyone (who wants to) will know how it works.

    This, then, leads to the problem of how to implement such a backdoor in such a way that only one group can use it but everyone else can't -- simply, impossible.

    This reminds me of one of the major flaws of Enigma (that a character can't be encoded as itself) that was insisted upon by people who didn't really understand encryption - a flaw that was, in a large part, responsible to helping to break the Enigma codes.

    1. Re:Always assume they know... by AmiMoJo · · Score: 3, Insightful

      They may have a 12 month sentence for anyone who leaks this information, but you have to assume that it will be leaked, and you have to assume that everyone (who wants to) will know how it works.

      Even if it isn't leaked, chances are someone will find it. People are constantly looking for backdoors left in for debugging or by nefarious companies/governments, or for flaws that can be exploited. It's probably worse than 50/50 that the person discovering the problem will make it public rather than just selling it on the black market, or giving it to their employer (e.g. foreign security services).

      This creates a huge problem for companies that are forced to create backdoors. When discovered will they be able to patch it immediately? Maybe the reason why some companies take months to fix problems is because GCHQ/NSA won't let them fix it. Will they be compensated for the reputational damage? If it's a security focused company a backdoor could destroy them.

      Tech companies really need to move to another EU country where they will be safe from having their business destroyed overnight on the whims of a clueless Home Secretary.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    2. Re:Always assume they know... by aaaaaaargh! · · Score: 1

      I don't think they have any backdoors in the encryption itself in mind. They're thinking about particular implementations. Suppose, for instance, you make an encryption program. They will either force you to give them the source code so they can compile a backdoor version themselves or 'ask' you to put a backdoor in it. The backdoor will most likely be some key escrow. Unless it's made transparent in the first place, it's hard to detect this from the outside in an executable without extensive reverse engineering, or, in the case of open source software, without fully deterministic compilation results (which apparently isn't quite there yet for large and complex programs). Even worse, many encryption scenarios such as hard disk encryption already work with something similar to full key escrow in place anyway, so only a very small change is needed - instead of using and storing a randomly generated master key, you use a predetermined secret.

    3. Re:Always assume they know... by Tomahawk · · Score: 1

      It was brilliant, don't get be wrong. Some very intelligent people came up with it. It was almost perfect.

      But that small little thing about a letter not being allowed to encrypt to itself was enough to get a start on breaking it. If nothing else, it could be used to prove that the plaintext didn't match the cyphertext, so we can immediately ignore all of these keys...

      So no matter how brilliant a system is, if someone who doesn't understand something demands a change, that will likely be the cause (or part of the cause) of its failure.

  16. Re:George Orwell lacked vision by Applehu+Akbar · · Score: 3, Interesting

    In a country where self defense is illegal in most circumstances, the legal theory is that any response to attacks on people, whether by criminals or terrorists, has to be a police matter. The price of such a philosophy is you have to keep granting the police more and more power. And then you find that's never enough.

  17. What's the problem? by Anonymous Coward · · Score: 4, Funny

    They demand a back door -- you make it. They ask what it is, you say you are in compliance with the law and cannot disclose any information.

    WIN!

  18. Easy fix by Corwyn_123 · · Score: 1

    All companies based in other countries, like Google, Apple, Microsoft, Cisco, etc., etc, should just cease their operations in the UK, if this bill is passes. Stop doing business with this country, stop providing services to this country. That'll get this bill reversed over night, otherwise, the UK can just go back to the modern stone age.

    Another thing the citizens of the world can do, block all UK IPs at their firewalls, turn the UK into an information wasteland.

    1. Re:Easy fix by robsku · · Score: 1

      Excellent reply, too bad /me has no mod points :)

      About the second suggestion: it could work, if getting any number of people enough to do it would work; which it doesn't, hence it wont work.

      --
      In capitalist USA corporations control the government.
  19. Re:George Orwell lacked vision by Anonymous Coward · · Score: 1

    In a country where self defense is illegal in most circumstances

    You oughta cite that one bud, I remember it making a splash in the news when the home secretary said it was A-OK for an old lady to stab a burglar to death.

  20. Re:Concerns of a US citizen by aaaaaaargh! · · Score: 1

    Your data is not safe in the EU. European laws and jurisdiction are fairly reasonable and overall much better than in the US, but it takes quite some effort to get something to the European level, and the local laws and jurisdiction differ vastly from country to country. But the real problem is that politicians and local authorities seem to always find a way around European legislation anyway.

    And now that the European idea is crumbling due to a new rise in right-wing nationalism and Nazi movements in Germany, France, the UK and many other countries, I wouldn't count on the EU too much in the long run. If the current trends continue, some countries in Europe might nuke each other in 50 years from now.

  21. Open source and free speech? by t0mek · · Score: 1

    As it would be rather difficult to force someone to put an invisible government backdoor in an open source source project, does this bill mean that companies will be forced to put backdoors in proprietary components only, violate the GPL by publishing a modified version without providing access to their modifications or replace GPL component with a different component upon government request?

    Can a government bill demand people to lie? If not a simple question "Did you put a backdor in your product" would have to result in "no" or "under the penalty of prison I'm not allowed to comment". No reasonable company would shoot themselves in the foot with the 2nd answer unless they're forced to.

    1. Re:Open source and free speech? by t0mek · · Score: 1

      The "counterexample" shows an opposite thing - secretly leaking the information about surveillance, not secretly adding surveillance. If you're forced to compromise your own code against your will you'd make it dead obvious for yourself and everybody else where the offending part is so that you can get rid of it easily. On top of that you might use stealth "bug" to leak the presence of surveillance, as in you example.

  22. Time to jump across the channel by DanJ_UK · · Score: 2

    Yes, I and, several other British overlords are taking some serious consideration to moving to Amsterdam or Berlin, for good.

    This is after the impending EU referendum which, anyone with a brain will be voting against so that we can actually stay in Europe.

    --
    - Dan
    1. Re:Time to jump across the channel by drinkypoo · · Score: 1

      Yes, I and, several other British overlords are taking some serious consideration to moving to Amsterdam or Berlin, for good.

      Berlin? Isn't that the city famous in this age primarily for that wall that only came down just recently? History, it's not just for boring schoolkids with any more

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:Time to jump across the channel by DanJ_UK · · Score: 1

      Berlin, isn't that one of the most culturally diverse and liberal cities in the whole of Europe now? Have you ever travelled out of the US?

      I'm not sure what the relevance of your comment was, nor what the intention of it was but if you haven't been to Berlin, you should go, it's fantastic.

      --
      - Dan
  23. Re:George Orwell lacked vision by ArmoredDragon · · Score: 1, Informative

    Here's one:

    A guy gets 8 years jail for defending himself against a home invasion.

    http://news.bbc.co.uk/2/hi/uk_...

  24. The Lavabit route by tepples · · Score: 3, Interesting

    Since you can't disclose it, what can you do?

    Does discontinuing a service entirely, as Lavabit did, constitute "disclosing it"? Or does this bill allow the government to force a private British citizen to provide a service to the public against his will?

    1. Re: The Lavabit route by Corwyn_123 · · Score: 1

      Use ProtonMail, it'll never go the Lavabit route, and will not risk suffering what brought about the Lavabit debacle.

    2. Re:The Lavabit route by AmiMoJo · · Score: 2

      Does disclosing it to your lawyer, in order to get legal advice, count?

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    3. Re: The Lavabit route by cfalcon · · Score: 1

      Tutanota seems to be on board as well.

    4. Re:The Lavabit route by tepples · · Score: 1

      I don't know much about the specifics of attorney-client privilege in various jurisdictions, but this article pertaining to England and Wales may help.

  25. Re:George Orwell lacked vision by MullerMn · · Score: 4, Informative

    You read the bit where he stabbed a guy 4 times with a samurai sword, right? I know in Texas that sort of thing is fine, but in the UK that's not considered self defence.

    Also, that article is from 11 years ago, can you not find a more relevant example? We've had 2 (semi) different governments since then.

  26. First they came for... by Anonymous Coward · · Score: 1

    I have a colleague who is perfectly happy to throw away his rights - "I don't care what they do if it's anti-terror related" and "we need to get rid of all this human rights bullshit", which was in response to my mention of civil rights, namely being detained without charge and warrant-less access of private data.

    It's fine if it's other people:

    * https://en.wikipedia.org/wiki/First_they_came_...

  27. Re:George Orwell lacked vision by Anonymous Coward · · Score: 4, Informative

    What's missing from the story is the fact that Lindsay was a drug dealer. The men entered posing as drug buyers, Lindsay chased them outside repeatedly stabbing one of them in the back with a sword he kept to protect his "business".

  28. Re:George Orwell lacked vision by Anonymous Coward · · Score: 1

    What perverse place is it if a home intruder has a implied right to safety, while committing a crime armed breaking and entering...and threatening the resident. What kind of fuxed up logic is that?

    "Carl Lindsay from Walkden, Greater Manchester, stabbed Stephen Swindells after he and three accomplices arrived at Lindsay's home armed with a gun."

    Some guys break in you house and brandish a gun, and the home owner gets jailed for protecting himself and his property.....

  29. Re:George Orwell lacked vision by Kkloe · · Score: 2

    I would like to read the judgement on that, couldt not find it online, but I am not from the uk it might be blocked.

    this could be as simple, he stabbed the robber once - OK , robber started fleeing and he stabs the robber 3 more times to make it fatal, make him the attacker, it is simple as that

  30. Open Source Software by haploc · · Score: 1

    So how does that work for open-source software?

    1. Re:Open Source Software by gweihir · · Score: 1

      Simple: You point out the obvious backdoors, and the UK is asking their friends in the US to drone-murder you, because you are clearly a terrorist.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  31. "Revealing" the existence... by mark-t · · Score: 1

    ... of the backdoor can easily be done off the record, so there is no paper trail identifying one specific individual, ensuring that nobody goes to jail, or who specifically to issue a fine to. You can't even necessarily fine the company, because as far as anyone may know, the back door's existence was discovered by somebody outside of the company, and could have even been announced to incriminate them, unless you also make it illegal for companies to make software that might get reverse engineered by somebody else. I'm not too sure how enforceable that is....

  32. Economic choice by mongothesecond · · Score: 1

    On one hand you get the cost of a breach from deliberate flaws in a product. On the other hand you get the revenue from operating in the UK, less the possible cost of developing a second product crippled with these backdoors for the UK region. Is it going to be worth doing business in the UK under these terms?

    1. Re:Economic choice by gweihir · · Score: 1

      There is also the problem that anybody still operating in the UK after this passes has to be regarded as not trustworthy and selling compromised products. Specifically for Apple, that could be a killer.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  33. Re:Streisand effect to the rescue by Technician · · Score: 1

    Overseas security companies and the Streisand effect. Anonymous tip-offs by post with false return addresses of backdoors to security researches will be published. Streisand effect can't be stopped by 1 rogue nation on the global internet. Search for photos of Barbara's coastal home, Tienanmen square, German concentration camps, etc.

    --
    The truth shall set you free!
  34. Commonwealth you're dead to me by Lawrence_Bird · · Score: 1

    I once wanted to go to Australia, NZ and Scotland. No more. Every time I think they can't slide further into the abyss they do. Heck I don't even want to go to Canada any more.

  35. Canary? by 6Yankee · · Score: 1

    "We have not been instructed by HM Government to put any back doors in our software."

  36. Re:George Orwell lacked vision by Outta_the_way_peck! · · Score: 1

    But this guy isn't a gun nut. He's a samurai.

  37. Re:Concerns of a US citizen by misexistentialist · · Score: 1

    "Germany's concept of privacy" will be forgotten after the first terror attack

  38. Re: George Orwell lacked vision by dunkindave · · Score: 1

    So, let me be clear; you're saying it's alright for the government to deny one the natural right to protect ones body and life from mortal danger, if they don't like some activity you engage in?

    He is saying that if you are engaged in illegal activity, not just an activity "they don't like", then any harm that results from your illegal actions that is a reasonably foreseeable consequence, including the death of a person who attacks you trying to steal your contraband, is considered your fault since it wouldn't have happened if you weren't breaking the law. The law is the same in the United States. You can defend yourself, but you will still be considered guilty of causing the other person's death.

  39. Re:George Orwell lacked vision by Khashishi · · Score: 1

    And this is why we need samurai control laws and mandatory background checks on samurai.

  40. Re:George Orwell lacked vision by Applehu+Akbar · · Score: 1

    Yes, it was considered to be amazing news when the Secretary said that yes, if you feel your life to be in real danger, it's okay to resist an attacker so long as sone overzealous prosecutor doesn't feel you violated his treasured Marquis of Queensbury rules of engagement.

  41. Re:George Orwell lacked vision by Applehu+Akbar · · Score: 1

    So far, Britain has been steadfast under threats by Big Knife, though fork control has been less successful.

  42. Goole, Apple. et al need to man up by Macdude · · Score: 1

    What we need are Google, Apple, Facebook, Twitter and other companies in the communication business cease all operations in Great Britain when this (or similar legislation) passes.

    Let the people of the UK deal with the government when Apple, Google, Facebook, Twitter, etc. stop doing business with them because of this law. If suddenly the people of England couldn't buy a smart phone, update their status, or tweet their latest selfie because of the government, they would take to the streets and they would have a new government in a few days!

    --
    "Grab them by the pussy" -- President of the United States of America
    1. Re:Goole, Apple. et al need to man up by gweihir · · Score: 1

      Ultimately, that is the only option. Conversely, any product that is still available in the UK after this law passes has to be regarded as compromised.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  43. Here's a partial solution by johannesg · · Score: 1

    We set up a public database where companies can register the fact that they are not creating any backdoors. This registration has to be renewed each year. This registration is not illegal - it simply informs the public that the government has not made any special demands, which is perfectly lawful.

    Of course, if the government does make any special demands, the company cannot register the lack of backdoors anymore, and the registration will automatically be removed from the database. From that point we know that company is under government orders to include backdoors.

  44. Re:George Orwell lacked vision by KGIII · · Score: 2

    I plead guilty to an offense where I'd defended a third party (he was hitting his girlfriend outside of a bar) and I was sued in civil court for it because I'd not stopped when the threat was concluded. Interestingly and tangentially related, I did get away with breaking a police officer's jaw. He had grabbed me from behind without identifying himself. I did spend the weekend in jail as they would not let me bail out without seeing a judge. The latter case was dismissed in criminal court, the former was one where I simply pleaded guilty and was credited with time served. In both cases, I lost in civil court and was obligated to statutory damages and medical costs.

    So, in the above, my actions were fine until I sat on the guy's chest and slapped him around a little. My actions were also fine (it was self-defense - case not even brought before a judge beyond arraignment) criminally with the police officer but I was still culpable civilly due to the act having "probably" (difference in burden of proof) not having been committed had I not already been in the process of a criminal act - namely that of slapping the guy silly while taunting him. I was a bit drunk at the time, not overly so but enough for me to not think of the consequences.

    They might have been able to pursue a criminal case with the assaulting an officer but that would have been difficult to prove so it was dismissed with the caveat that I would, indeed, be facing a civil trial and the officer would not be reprimanded for failing to follow the protocol that insists he clearly articulate that he's an officer of the law.

    It was a costly lesson in law. It may not have been costly enough as I'm still entirely uncertain of what I'd do if faced with similar circumstances in the future. Hopefully, I'd stop when the threat was no longer a threat. Perhaps not though. Poor self-control has been an issue for me, when I get excited. Heaven forbid, you put me in a room with a big red button that says, "Do Not Push."

    --
    "So long and thanks for all the fish."
  45. Re:George Orwell lacked vision by shugah · · Score: 3, Informative

    More details. Carl Lindsay was a drug dealer, the 3 men showed up to purchase some pot and pulled a gun on him. The robber / victim, Stephen Swindells received 4 wounds, all inflicted from BEHIND and all inflicted AFTER chasing him from the home.

    --
    If you aren't part of the solution, then there is good money to be made prolonging the problem
  46. Re:George Orwell lacked vision by Cederic · · Score: 2

    How is stabbing someone in the back while they're running away "self defence"?

    I'm happy to live in a country that recognises there should be limits on unjustified violence.

  47. Time to stop selling tech products to the UK by gweihir · · Score: 1

    If the cannot get mobile phones, network equipment, computer OSes, etc., they may notice how utterly stupid they have become. Then, maybe not.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  48. Re: George Orwell lacked vision by Rakarra · · Score: 1

    So, let me be clear; you're saying it's alright for the government to deny one the natural right to protect ones body and life from mortal danger, if they don't like some activity you engage in?

    He's saying that first, the men entered, then pulled the gun.
    And he's also saying that chasing someone down the street to stab them repeatedly is more akin to murder and not self-defense. Self-defense is saving yourself from imminent threat. Killing someone fleeing from you is not self-defense.

  49. Re:Open Source FTW by gweihir · · Score: 1

    That would bring some companies to a grinding halt....

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  50. Re:George Orwell lacked vision by davester666 · · Score: 1

    Big Fork has been very successful at keeping below the radar.

    --
    Sleep your way to a whiter smile...date a dentist!
  51. Re:Concerns of a US citizen by painandgreed · · Score: 1

    UK != EU, especially when the UK's not even fully in the EU.

    Yes, yes, France makes sure that everybody knows this.

  52. Re: George Orwell lacked vision by drinkypoo · · Score: 1

    And he's also saying that chasing someone down the street to stab them repeatedly is more akin to murder and not self-defense.

    That depends. Are they likely to come back if you don't? That seems to be a bit of a grey area. Since he's engaged in criminal activity, he can't utilize law enforcement services for protection. The government created this particular class of crime willfully in exchange for a little more power in court.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  53. Re: George Orwell lacked vision by david_thornley · · Score: 1

    You normally aren't allowed to kill people because you think they'll try to kill you. You can kill someone if they're trying to commit grievous injury at that time, and if lethal force is necessary to stop it.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  54. Re:George Orwell lacked vision by ArmoredDragon · · Score: 1

    If they're within your abode, they're already on the offensive. Just because they make a retreat doesn't mean they don't intend to continue their assault; only an idiot would assume otherwise.

    Just so you know, the Castle Doctrine is that when you're in your own abode and it is being invaded, you have no responsibility to attempt to retreat and/or attempt to leave your own home, and are permitted to use any means necessary to neutralize the threat.

  55. Re:George Orwell lacked vision by cfalcon · · Score: 1

    If they are in your house, they are probably there to harm you. There relative position to you, be it retreating to find a better weapon against you or actually running upon realizing that you won't go down without a fight, is not really important. If they didn't want to face a lethal end, they should not have threatened your life and home by breaking in and then subsequently trying to steal or kill or whatever.

    I don't believe any of that violence in unjustified. Better to be tried by twelve than carried by six. Dude did a service to society by removing the type of man that barges into other people's homes, threatening their lives with his gun and demanding their property. I'm happy to live in a state that recognizes that men who defend themselves in this manner should have an affirmative defense in civil and criminal court. 8 years in jail indeed. That guy should get some therapy, some steak, and a goddamned medal.

  56. Re:George Orwell lacked vision by Cederic · · Score: 1

    The threat was already neutralised. Had there been an extant threat and it would have been self defense.

  57. Re: George Orwell lacked vision by BostonPilot · · Score: 1

    You normally aren't allowed to kill people because you think they'll try to kill you.

    Unless you are a cop. Then apparently you can kill anyone that instills any fear in you, whether they are armed or not.

  58. Well, at lest their rampant corruption by ToddInSF · · Score: 1

    isn't concealed, they're PROUD of it.

  59. Re:George Orwell lacked vision by Kkloe · · Score: 1

    well alot of people would probably use to much violence on defence and on the heat of the moment, there have been several cases of that here were people get convicted as they did more after the first punch

  60. Re:George Orwell lacked vision by KGIII · · Score: 1

    It is "a lot" - "alot" is not a word. :-) I say that because I presume you to be an English as a Second Language speaker - not to be a jerk but to be helpful. I'd say that they should be allowed to engage in willful combat with one another, up to and including the use of weapons. They should have a declared and agreed upon outcome. If two people are willing to risk death and are of sound mind then they should be, in my opinion, able to act on their wishes without fear of legal repercussions. I admit, I'm a bit extreme in my love for the right of the individual to have freedom.

    However, they should have an agreed on conclusion. The fight stops immediately when one person submits or a third party determines that the other is unable to consent to fight further. The fight stops immediately at the sight of blood. The fight stops immediately on incapacitation. The fight stops immediately at death. Any of those are acceptable to me so long a both parties are of sound mind when making the agreement.

    As I said, I'm a bit extreme in my desire to allow the individual the right to make decisions about themselves and affecting only themselves.

    --
    "So long and thanks for all the fish."
  61. What we need is the code analog to 3D printing by FreedomFirstThenPeac · · Score: 1

    We need an algorithm that can generate good one-time use codes, that can be coded in Excel or other trivial environments and that does not include a backdoor. Once such a simple algorithm is distributed, then we can roll-our-own coded messages, in a massive civil disobedience movement. If such an algorithm already exists, we need to put it on bumper stickers, carve it into bank walls, spread it in flyers in coffee shops and stand back to see what the unintended consequences are.

    --
    "There is no god but allah" - well, they got it half right.
  62. Re:George Orwell lacked vision by Kkloe · · Score: 1

    well that sounds alot like ufc beside the death thing, and I say alot instead of a lot and I know its wrong

    but the thing is, if atleast two people are involved they are not making a decision that affects individually themselves, as one party is agreeing to not only be the one to get hurt\killed but also agreeing to hurt\kill the opposing party else even if both parties have agreed on it

  63. Re:George Orwell lacked vision by KGIII · · Score: 1

    They are - they're agreeing to accept death as a potential consequence of their actions. That affects only themselves. You can try to interpret it differently but I'd strongly disagree. Their decision impacts nobody, by default, except themselves. The other may act on it - and would, presumably, if they were to take the same risks. There's some shared responsibility but the decision is their own and impacts only them. The other isn't deciding that they've a right to kill you - you're giving them the right to do so and they're electing to act on it by their own free will.

    --
    "So long and thanks for all the fish."
  64. Re:George Orwell lacked vision by allo · · Score: 1

    That's why it's called human rights. everyone has them, even murderer and nazis.