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FBI Wants To Access Terror Suspect's Skype Records (bostonglobe.com)

Milton J. Valencia, reporting for BostonGlobe: The FBI is investigating whether a third, unknown person discussed an alleged terrorism plot with Alexander Ciccolo, the Western Massachusetts man accused of planning to attack a state university with guns and explosives on behalf of the Islamic State terror group. FBI Special Agent Jeffrey J. Lawrence said in an affidavit filed in US District Court in Springfield last week that Ciccolo told a witness who was cooperating with the FBI that he had discussed his terrorism plans with one other person. The affidavit was part of an application for a search warrant authorities filed with the court. Officials are seeking access to Ciccolo's online Skype account as part of their investigation into the alleged terror plot. The search warrant seeks to have Microsoft -- which owns Skype -- provide the government with logs and the content of conversations and written messages made on Ciccolo's account, as well as passwords. Given Microsoft's stance on these matters, the company is likely to hand over the data FBI is looking for.

93 comments

  1. Skype account? by nospam007 · · Score: 4, Informative

    Only one?
    Since they throw away burner phones after use, I'm sue they create a new Skype account as well each time they use it.

    1. Re:Skype account? by Anonymous Coward · · Score: 0

      SHHH!!!! Now we have to outlaw burner skypes!!!!!

  2. Why not by LichtSpektren · · Score: 0, Troll

    It's fairly widely known at this point that Microsoft services are essentially spyware, so it shouldn't be at all controversial to say that using Skype is an implicit consent to sacrifice all privacy.

    1. Re:Why not by Anonymous Coward · · Score: 1

      It's not widely known, nor is it called spyware by anyone except anti-Microsoft parrots. Being a well known Linux zealot, do you even have the credibility to comment on this issue?

    2. Re:Why not by Anonymous Coward · · Score: 0

      Microsoft will stand up for its principles, and demand to be paid well for each case.

    3. Re:Why not by peragrin · · Score: 1

      Actually I can see this as a legitimate request though. The telephone company hands over this type of thing with line tap warrants all the time.

      --
      i thought once I was found, but it was only a dream.
    4. Re:Why not by Anonymous Coward · · Score: 0

      nor is it called spyware by anyone

      So what do Microsoft apologists call it? Microsoft Dirty Laundry Scanner Pack For Microsoft Skype Server?

    5. Re:Why not by Alain+Williams · · Score: 1

      Being a well known Linux zealot, do you even have the credibility to comment on this issue?

      And you being A/C: what credibility do you have ?

      I would not be surprised if you were a shill employed by the NSA or Microsoft with the specific aim of damaging credibility of things that your employers do not like.

    6. Re:Why not by LichtSpektren · · Score: 0

      It's not widely known, nor is it called spyware by anyone except anti-Microsoft parrots. Being a well known Linux zealot, do you even have the credibility to comment on this issue?

      I am honored that you call me a "well known" Linux zealot, although I doubt that is accurate. However, my credibility is not an issue here, because I am not asking you to take my word that Microsoft services are spyware. The fact that Windows 10 spies on its users is well publicized, and also that Microsoft's endorsed cryptography solution BitLocker is almost useless because they retain a copy of your key.

    7. Re:Why not by thegarbz · · Score: 1

      I don't. A phone tap is something quite different to a pre-recorded conversation, and I disagree with the latter when the telco's do it too.

    8. Re:Why not by Anonymous Coward · · Score: 0

      > However, my credibility is not an issue here, because I am not asking you to take my word that Microsoft services are spyware

      That was literally the exact thing you were asking people to do with your assertion.

    9. Re:Why not by erp_consultant · · Score: 1

      You have the option of not sending the key to MS. Granted, the default is to send it but you do have the choice.

    10. Re:Why not by LichtSpektren · · Score: 1

      > However, my credibility is not an issue here, because I am not asking you to take my word that Microsoft services are spyware

      That was literally the exact thing you were asking people to do with your assertion.

      Actually not, as you might have seen had you read the very next sentence in my post.

    11. Re:Why not by Coren22 · · Score: 1

      That boat sailed long ago.

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

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    12. Re:Why not by thegarbz · · Score: 1

      That boat sailed long ago.

      And that is a reason for accepting shit conditions?

    13. Re:Why not by Coren22 · · Score: 1

      You can continue to rail against it, but it was upheld by the DC Circuit Court as constitutional, so the courts say that you are wrong. If you care so much about it, take the case to the supreme court, but for now, it is considered constitutional, since that is how the US system of government works.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    14. Re:Why not by thegarbz · · Score: 1

      The DC Circuit Court has no jurisdiction outside of the USA.

      Incidentally slavery used to be legal too. Accepting that a court once said something as gospel to stop fighting for change makes you ....

      A very good citizen. Keep it up.
      Sincerely
      The Establishment.

    15. Re:Why not by Coren22 · · Score: 1

      The DC Circuit Court has no jurisdiction outside of the USA.

      Moot, who cares, doesn't have any impact on the discussion we are having.

      Accepting that a court once said something as gospel to stop fighting for change makes you ....

      I'm not the one bitching in an online forum. I see nothing wrong with what the FBI is doing, as it is how things are supposed to work. If you care so much about it, call a constitutional convention and submit an amendment to the fourth amendment. But instead, I think you will just bitch on an online forum about how evil the FBI is for doing what the US citizens pay them to do.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    16. Re:Why not by thegarbz · · Score: 1

      I'm not the one bitching in an online forum. I see nothing wrong with what the FBI is doing, as it is how things are supposed to work. If you care so much about it, call a constitutional convention and submit an amendment to the fourth amendment. But instead, I think you will just bitch on an online forum about how evil the FBI is for doing what the US citizens pay them to do.

      Who cares about the FBI? I have no beef with the FBI that's just your projection on the discussion. This discussion started with Microsoft and telco's recording your personal data. Constitutional arguments don't do anything there.

    17. Re:Why not by Coren22 · · Score: 1

      Microsoft stores those conversations because that is the way Skype has always worked. It is what allows you to see the history of all your skype calls on any device you install Skype on. Of course the data is there.

      The phone companies have to store the metadata in order to be able to bill you. The CALEA thing is about the content of the phone calls, the phone company doesn't store that, and it requires a recording device provided by law enforcement.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    18. Re:Why not by thegarbz · · Score: 1

      that is the way Skype has always worked.

      Errr nope. Not only have any of the things you mentioned not always been features of Skype, but MS is storing far more about your Skype conversation than the date and time of your call. That information has come out over and over again and none of it is necessary for your "call history".

      The phone companies have to store the metadata in order to be able to bill you.

      Errr double nope. The phone companies were the first people to speak against the legislation that forced them to store a whole world of additional information about the call beyond what was necessary to bill you. You should look up one day to find out just how little metadata is actually meta.

  3. asking the wrong people... by Anonymous Coward · · Score: 0

    microsoft *shouldn't* have "content of conversations and written messages" of *anyone*

    a different agency, however, probably does... so the feds likely already have it, they're just asking the wrong people.

    1. Re:asking the wrong people... by Anonymous Coward · · Score: 0

      Well, they'll probably settle for the meta-data. Meta-data's harmless enough, isn't it?

  4. FBI Wants To Access Skype Records **legally** by vivaoporto · · Score: 4, Interesting

    Headline should be "FBI Wants To Access Terror Suspect's Skype Records, legally and above the board this time" , because, as reported previously (US Mining Data Directly From 9 Silicon Valley Companies) with PRISM the DHS can pretty much do it already, only not blessed by public courts or clear legislation.

  5. I fail to see the problem here by Anonymous Coward · · Score: 4, Insightful

    I fail to see the problem here. There's a suspected terrorist. A search warrant has been granted by a court requesting access to data stored on Skype servers controlled by Microsoft. This seems completely reasonable to me. However, this is Slashdot, where law enforcement officers are considered the bad guys and people are hell-bent on protecting the freedoms of terrorists. Even though the FBI is complying with the spirit and letter of the Constitution, Slashdot is still whining about it. Law enforcement is trying to do their job and stop terrorism. I wonder how Slashdot will view it?!

    1. Re:I fail to see the problem here by Anonymous Coward · · Score: 5, Insightful

      In principle, I agree. Get a warrant. Got warrant? No problem.

      Things get muddy when I throw in two items:
      1) Define terrorist. That gets pretty broad, especially when you ask the government, because they consider everyone a potential terrorist.

      2) It's very easy to get warrants and have them abused. The threshold is quite low. I know because my word alone routinely gets houses raided. Let's just say I do/have done some informant work and we will leave it at that. With one phone call I could have a swat team charging through your front door. I've done it many times. Is that reasonable? I am technically complying with the spirit of the constitution. What if you're a terrorist?

    2. Re:I fail to see the problem here by swb · · Score: 1

      Maybe the issue isn't that reasonable procedure was followed, but that Microsoft has chat logs at all? Is it just connection info, or is it what was actually said?

      I don't know how much logging they do or don't do. Everything I don't want to leave logs and records seems to, and everything I wish had detailed logging ends up having useless logging.

    3. Re:I fail to see the problem here by Burdell · · Score: 4, Informative

      The FBI requested chat logs; that doesn't mean that Microsoft actually has them. Having seen subpoenas and such (guess the "and such") to ISPs/telcos before, they always request everything they can think of, but that's just the request. It is perfectly legal to reply with "the requested data is not available."

    4. Re:I fail to see the problem here by Anonymous Coward · · Score: 0

      The warrant is for the contents of past calls, not just the meta-data. This would require Microsoft to have recorded everything, without a warrant.

    5. Re:I fail to see the problem here by Penguinisto · · Score: 3, Insightful

      Actually, not in this case.

      In the iPhone case, the FBI was demanding that encryption be weakened *across the board, for everybody* in order to get the contents of one phone.

      In this case, they're asking for a warrant (correctly this time), and only want the existing records for one person, without compromising any innocent parties' privacy.

      Big diff this time.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    6. Re:I fail to see the problem here by Anonymous Coward · · Score: 0

      In principle, I agree. Get a warrant. Got warrant? No problem.
      Things get muddy when I throw in two items:

      No, things don't get muddy when you throw in those two items.
      Where they get muddy is when the warrant can't be executed because LE either can't or won't figure out how to conduct the search, and then goes with the All Writs Act to try and force a company or person to help them.

    7. Re:I fail to see the problem here by cogeek · · Score: 3, Informative

      Companies are called on all the time to assist law enforcement. Every time you hear about a security camera catching a crime in the vicinity, that's a business owner helping law enforcement. This is a non-story. The FBI is doing what they're supposed to do. Obtained a warrant, they're asking a company to turn over records. If the company has no such data, they simply respond those records don't exist. If they do and they're able to provide them without a major financial burden to the company then there's no reason they shouldn't be handed over. When it's illegal is when NSA, FBI, DHS, etc. try to strong arm companies when they have no warrant and just expect said companies to comply to help stop the a) terrorists b) pedophiles c) current enemy of the state of the day Anyone from groups a and b should be stopped by all legal means available, but the problem is when we start skirting the legal system to catch the really bad guys, it makes it easier and easier to use those tactics to go after the not-so-bad guys, then eventually abuse of the average populace to "keep them in line" and make sure they never become bad guys.

    8. Re:I fail to see the problem here by Anonymous Coward · · Score: 0

      I've used the Skype "history" feature to pull up past exchanges many times; I knew some important thing had been discussed and I needed to read it again. This works across desktop and mobile clients. So OBVIOUSLY they have to have that data stored server side, and for perfectly legitimate reasons.

      Slashdot is so overrun with LEO-haters and Blame America First assholes that it doesn't even occur to anyone that this is actually funny. This hate-filled POS may have actually plotted his attack on fucking Skype. Any terrorist or criminal stupid enough to use such systems to plot crimes deserves to get nailed with it in court and be publicly ridiculed as an idiot. There should be captioned memes of this fool all over Reddit. Instead we get ginned up privacy outrage.

    9. Re:I fail to see the problem here by Frobnicator · · Score: 2

      Maybe the issue isn't that reasonable procedure was followed, but that Microsoft has chat logs at all? Is it just connection info, or is it what was actually said?

      At work the company uses Skype. Skype keeps records of conversations. When you move from device to device it shows your conversation history with the person. You can also scroll back quite a long way even if the conversation was on a different machine.

      For a business-style conversation where you want to preserve logs and look up what was said in the past, and where people are constantly switching between their desktop computer, conference room computers, and phones, preserving the chat histories is a bullet-point feature that businesses typically want.

      Getting a legal order for the data, either via warrant or subpoena, is typically a non-issue. They differ slightly in method, but both end up requiring disclosure of business records if they exist. If you are concerned about it, use a system that makes NOT recording the conversation a bullet point.

      --
      //TODO: Think of witty sig statement
    10. Re:I fail to see the problem here by Anonymous Coward · · Score: 1

      However, this is Slashdot, where law enforcement officers that break the law and try to force unconstitutional action on others are considered the bad guys and the law enforcement that go through legal channels to obtain data are the good guys.

      FTFY. Thinking is hard, I know.

    11. Re:I fail to see the problem here by Anonymous Coward · · Score: 0

      No, no, of course not. It was "just the one phone" and the other phones the FBI had that were waiting for this case to finish and the phones in new york and the phones the FBI is collecting from other police agencies and...

    12. Re: I fail to see the problem here by Anonymous Coward · · Score: 1

      Nobody cares what slashdotters think. Their posts are however being monitored and recorded for future use. One of these days we'll just round you losers up and see how tough you are away from your keyboards. My guess is that you'll start babbling before we can even handcuff you.

    13. Re:I fail to see the problem here by LichtSpektren · · Score: 3, Insightful

      For someone with a 6 digit UID you really are thick.

      They didn't ask for 'encryption' (actually, the auto device lockout after 10 tries) to be weakened 'across the board for everybody'.

      Try again.

      No, they were asking that Apple be conscripted into making malware in order to bypass the encryption. The legal precedent thus would have weakened encryption for everybody.

    14. Re:I fail to see the problem here by Anonymous Coward · · Score: 0

      I tend to wonder how this should be deemed any different from law enforcement getting cell phone records. They are asking for something similar, but in this case it's Skype instead of the individual's phone.

      The fact that someone used a computer or software on their phone to communicate shouldn't require any different process. If there are issues with the procuring of a warrant, that's a different matter. Whether Skype should be held to the same CURRENT standard for cellular phones seems simple enough to me. It's not like they are asking Microsoft to hack into the user's Skype account, they are just looking for call records.

    15. Re:I fail to see the problem here by Beryllium+Sphere(tm) · · Score: 1

      Burdell has pointed out the real story.

      "The search warrant seeks to have Microsoft â" which owns Skype â" provide the government with logs and the content of conversations and written messages made on Ciccoloâ(TM)s account, as well as passwords."

      If Microsoft is in fact recording the content of Skype conversations, that really is news for nerds.

    16. Re:I fail to see the problem here by Anonymous Coward · · Score: 0

      You can keep repeating your lies over and over, but it doesn't make them anymore true or fact than the lies they are.

      Of course they did, and there is much evidence you are ignoring that proves it.
      You have no evidence of your claim.

      Lose, lose, and again you lose. but please don't try again.

    17. Re:I fail to see the problem here by Anonymous Coward · · Score: 0

      2) It's very easy to get warrants and have them abused. The threshold is quite low. I know because my word alone routinely gets houses raided. Let's just say I do/have done some informant work and we will leave it at that. With one phone call I could have a swat team charging through your front door. I've done it many times. Is that reasonable? I am technically complying with the spirit of the constitution. What if you're a terrorist?

      No you are not complying with the spirit of the constitution (warrants are only to be issued with probable cause presented under oath of affirmation, lying is violating the spririt of that restriction even if technically the officer only swears that you told them X to dodge the perjury charge when you fabricated X). And if you're sending swat teams to arbitrary addresses based on fabricated evidence you are provably a terrorist.

    18. Re:I fail to see the problem here by wvmarle · · Score: 1

      I'll take your word for that.

      Also I don't really see too much of a problem here. You make too many mistakes (big raid, nothing there at all) and soon enough your word alone isn't good enough. To get warrants that way, you must have built up a reputation, and I expect you'll want to uphold it, if only to keep your job, your income and your livelihood. That alone is generally enough to prevent serious abuse, as long as the rest of the organisation cares about those things as well of course.

    19. Re:I fail to see the problem here by wvmarle · · Score: 1

      How about the "passwords" part? It would be pretty shocking if MS can provide those.

    20. Re:I fail to see the problem here by wvmarle · · Score: 1

      The proper way would of course be to store it encrypted on the servers, and exchange it with the clients in encrypted form only. No unencrypted data ever on the server. The encryption key is getting tricky due to the need to exchange with new clients for the same user, though. It would also have to be stored on that server somehow, protected only by the user's password.

    21. Re:I fail to see the problem here by wyHunter · · Score: 1

      Particularly since, in this case, the man's FATHER , who was a police captain, alerted the FBI believing his son was going to engage in terror attacks. This is one case where I have zero issue with getting his records.

    22. Re:I fail to see the problem here by Coren22 · · Score: 1

      1) Define terrorist. That gets pretty broad, especially when you ask the government, because they consider everyone a potential terrorist.

      Except that the government has a published well defined definition of terrorism.

      https://www.fbi.gov/about-us/i...

      18 U.S.C. 2331 defines "international terrorism" and "domestic terrorism" for purposes of Chapter 113B of the Code, entitled "Terrorism”:

      "International terrorism" means activities with the following three characteristics:

      Involve violent acts or acts dangerous to human life that violate federal or state law;
      Appear to be intended (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and
      Occur primarily outside the territorial jurisdiction of the U.S., or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum.*
      "Domestic terrorism" means activities with the following three characteristics:

      Involve acts dangerous to human life that violate federal or state law;
      Appear intended (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination. or kidnapping; and
      Occur primarily within the territorial jurisdiction of the U.S.
      18 U.S.C. 2332b defines the term "federal crime of terrorism" as an offense that:

      Is calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct; and
      Is a violation of one of several listed statutes, including 930(c) (relating to killing or attempted killing during an attack on a federal facility with a dangerous weapon); and 1114 (relating to killing or attempted killing of officers and employees of the U.S.).
      * FISA defines "international terrorism" in a nearly identical way, replacing "primarily" outside the U.S. with "totally" outside the U.S. 50 U.S.C. 1801(c).

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    23. Re:I fail to see the problem here by Coren22 · · Score: 1

      Log into Skype on a new computer, and you will see that they record your conversations. It is how the service works.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    24. Re:I fail to see the problem here by Coren22 · · Score: 1

      You know, every time I see this argument, I reply in the exact same way. The FBI asked for nothing of the sort, and it is a lie to say they did. The court order is available to be read online, and it actually says that the exploit was to be keyed to the ID of the specific phone, and signed by Apple's signing key. It therefore would be impossible for the FBI to modify it for another phone, and Apple would be the only ones with the ability to do that.

      The court order is available here:

      http://www.ndaa.org/pdf/SB-Sho...

      But I am unable to resolve their DNS currently, not sure what happened to their stuff.

      Next you are going to claim that the FBI said they wanted to unlock numerous phones, but what does that matter? They still have to get warrants to the data on the phone, which is as far as the constitution goes on this case. The FBI also offered to pay for the work, as they pay for stuff like this all the time, so you can't bring in the slavery angle.

      Also, Apple worked with FBI and local law enforcement in unlocking numerous phone previously, so they don't have any issue in doing it. For some reason Apple decided to take a stand on this one case, when they never did before. Maybe someone at Apple was implicated?

      http://www.thedailybeast.com/a...

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    25. Re:I fail to see the problem here by Coren22 · · Score: 1

      Um, lies? The FBI worked within the confines of the constitution in the iPhone case, they had a warrant (though they didn't need one!), and requested Apple unlock the phone, like they have done numerous times:

      http://www.thedailybeast.com/a...

      I agree, thinking seems to be quite hard for you, it is much easier to accuse the FBI of subverting the constitution when they are not doing anything of the sort.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  6. Subject of Comment by Anonymous Coward · · Score: 2, Interesting

    They are working on a search warrant? That's good. That shouldn't be news.

    Now what? Are we supposed to be shocked about the usage of the existence of an account?

    Where is the Skype datacenter? The US or Ireland? That might be the more interesting aspect of this.

  7. Why is this news? by Anonymous Coward · · Score: 0

    It sounds like the government has a good case backed with reasonable evidence to suggest that these records are relevant to a criminal investigation.

    Have we reached a point where /. thinks that ANY government request of ANY computer records is automatically evil?

  8. Re:But... by misexistentialist · · Score: 1

    The FBI gave this guy the guns

  9. Counter productive by scorp1us · · Score: 2

    While I am on Apple's side (creating that software would have proved risky for all iPhone owners, not just suspects - and I believe the outcome - unlocks which don't scale to all owners because you need the hardware in custody) I am also on the side of the FBI of being able to do their job.

    All this media coverage about the FBI will just reinforce the message that using any commercial apps will result in your operatives being exposed. It is only a matter of time before they create their own secure P2P messaging application which won't respond to a warrant or any US authority. At which point we are really FBI'd, (Fucked Beyond all Imagination) since unlocking the device is then useless. The FBI might eventually be able to crack it, through vulnerabilities, but over time we can assume these will be patched, then what? It goes dark.

    --
    Slashdot's rate-of-post filter: Preventing you from posting too many great ideas at once.
  10. Glad terrorists are stupid... by Lumpy · · Score: 1

    Because if they simply used H264 video conferencing or SIP voice point to point they would have nothing to subpoena.

    --
    Do not look at laser with remaining good eye.
    1. Re:Glad terrorists are stupid... by Anonymous Coward · · Score: 4, Interesting

      They aren't stupid, just normal. Even terrorists don't want to go through the hassle of actually getting SIP to work, nor fiddle with the hodgepodge collection of so-called "telecommunication" packages available via FOSS.

  11. Is this supposed to make us mad? by Tanman · · Score: 4, Insightful

    Ok, hold on a sec. You have summertime actively under investigation. The FBI hours to the court and tries to get a legal subpoena/warrant/whatever to get information from a service provider. That is how the system is supposed to work!

    It's when they get the data without going through proper channels that's bad. Holy shit, you do know that allowing the FBI to actually investigate terrorism is a Good Thing, right?

    1. Re: Is this supposed to make us mad? by Tanman · · Score: 1

      summertime, suspect . . .

      Damn you, autocorrect!

    2. Re:Is this supposed to make us mad? by andydread · · Score: 3, Insightful

      The elephant in the room that everyone seems to ignore is how easy it is to get a warrant from a Judge these days. The bar is so low that an ant could step right over it without touching it.

    3. Re:Is this supposed to make us mad? by Anonymous Coward · · Score: 0

      Why does an article posted on Slashdot have to be designed to 'get us mad'? Seriously? Forgive the pun, but maybe your comment shows just how trigger happy the usual Slashdot crowd is. You could argue that this isn't 'news worthy' & maybe get mad about that but it seems to be about a topic the usual Slashdot users might be interested in even if it isn't flamebait.

      Seriously, isn't it a GOOD THING(TM) to see that law enforcement is actually following the rules? Shouldn't we be praising them for this proper following of procedure & back them in trying to find criminals (of course calling them terrorists is still 'over the top'...but we can forgive that use once in a while).

      The point is that I don't see a lot of comments that this use of a warrant (properly issued) is a big deal...again that's a good thing(TM). Everyone including Anonymous script kiddies should be shouting from rooftops 'see, there IS a proper & legal way to go about investigating an alleged crime, we support the FBI in their efforts to investigate properly & do their job'.

    4. Re:Is this supposed to make us mad? by StormReaver · · Score: 2

      Holy shit, you do know that allowing the FBI to actually investigate terrorism is a Good Thing, right?

      The Three Letter Agencies aren't scorned for doing their jobs under the Constitution. They are scorned for abusing their power both within and without the Constitution. Their abuses of the system are legion. If they operated within the confines of protecting the citizenry they are changed with protecting, everyone would be on their side.

      In principle, I agree with you. But in practice, doing so is dangerous to one's health and liberty. The Three Letter Agencies are advocating a position of absolute power for themselves, and we all know where that leads. If they were on our side, they would be hell-bent on fighting any increase in power for their respective agencies. But they are doing just the opposite, which means they are on their own side only.

    5. Re:Is this supposed to make us mad? by Anonymous Coward · · Score: 0

      Do you have any data supporting the claim that search warrents are easier to get than in the past?

    6. Re:Is this supposed to make us mad? by Anonymous Coward · · Score: 0

      Slashdot is mostly clickbait these days, so of course it's supposed to make us mad.

  12. Re:But... by Anonymous Coward · · Score: 1

    Summary says he was planning to do it, not that he did it.

    Ergo, the conspirator(s), while researching and planning, discovered that what they were about to do was prohibited by law. That's probably why it ended up not happening: they didn't want to get into big trouble.

    That does raise a question about conspiracies: it's illegal to plan to do a bad thing, but what if during the planning (e.g. after consulting with your lawyer) you back out because you learned you were about to break the law? There should be some sort of no-harm-no-foul defense in this sort of situation, nullifying conspiracy charges. "Get on the phone to legal," should make everything leading up to that point, be lawful.

    No? Anyone disagree? Explain.

  13. Records by Anonymous Coward · · Score: 1

    If you keep records, eventually someone will want to see them, and eventually they will leak. Someone once said something about information wanting to be free or some such.

  14. Ciccolo? by 110010001000 · · Score: 1

    So even Italian-Americans are joining ISIS?

    1. Re:Ciccolo? by Anonymous Coward · · Score: 0

      EIEIO

  15. Microsoft says they are against this by Creepy · · Score: 1

    Don't get Bill Gates' comments on this mixed up with Microsoft's stance on this. Microsoft has stated they back Apple, and even Gates backpedaled on it, saying he only supports breaking that one phone in order to fight terrorism.

    The bad news is provisions in the USA FREEDOM Act actually allow the US government to tap digital encrypted communications, They also remove all responsibility from a company complying (so you can only sue the government) and can put a gag order on it, which is why sites like canary watch exist. I'm not exactly sure how this works in detail, but I read about it first on April fools day and wasn't sure if it was serious or a joke, but apparently reddit's canary disappeared that day, meaning they've received a gag order from the US government and are under surveillance. Makes me wonder if Slashdot needs or has one.

    1. Re:Microsoft says they are against this by gstoddart · · Score: 2

      The bad news is provisions in the USA FREEDOM Act actually allow the US government to tap digital encrypted communications

      Which should be limited to empowering, but not to include forcing companies to make the technology or make technology which even they can't crack.

      The problem is that what they say will only be used for national security today, will in a short time be used for every form of law enforcement some asshole deems "legitimate" ... because that's exactly what they've been doing already. This week's "only in case of national emergency" is next week's "well, or drug charges, or tax evasion, or copyright infringement".

      Giving this to them now pretty much guarantees they'll demand it all of the time.

      And without someone putting very hard limits on this, you will have a situation in which the government can demand any and all records just because they feel they need it.

      At that point, the US will have truly become a country with its own Stasi, and you can give up any pretense of living in a free society ... and don't give us that bullshit that if you have nothing to hide you have nothing to fear.

      Oh, and if the US keeps on this path, every US tech company might suddenly find the rest of the world has to start pulling back and saying "sorry, we can't use your shit because you're the enemy of freedom and liberty and we can't trust your asshole government".

      We wouldn't trust Iraq, Russia, or North Korea with this stuff. Don't act like we should trust the US.

      Mark my words, this will become something police forces just expect to demand and get without oversight. Because that's what they've done with every other form of information which was supposed to be highly restricted due to how it breaks civil liberties and bypasses the law.

      This will be no different.

      --
      Lost at C:>. Found at C.
  16. Sounds serious by Cajun+Hell · · Score: 2

    I heard there was a case where someone else was suspected of a crime, the cops went crying to a judge, and the judge gave them permission to Break and Enter the suspect's house!

    Seriously, if there's a problem here, it's that when you talk directly to another person on the Internet, a layperson wouldn't normally think that this would leave many records on third parties' machines.

    #0 BUT: they should be aware that it might leave records, though, even if just dumb (application-unaware) packet logs, maybe. It's a risk, at least.

    #1 BUT: this is Skype, not direct communication. I think most people know that Skype is kind of weird/fucked-up/corporate-agenda-oriented.

    #2 BUT: so much NAT! Even Skype aside, a lot of people don't directly connect to each other and instead use some kind of intermediate server, e.g. XMPP. If you're using someone else's server instead of your own, you might not have a reasonable expectation of privacy.

    --
    "Believe me!" -- Donald Trump
    1. Re:Sounds serious by Anonymous Coward · · Score: 0

      You're counting points, not offsets into memory. You were meant to start at #1 there, Chucky.

  17. The FBI wants X by GuB-42 · · Score: 3, Insightful

    Will there be an article every time the FBI issues a warrant now?
    The iPhone unlocking case is newsworthy, but here, this is just police doing its job.

    1. Re:The FBI wants X by bruce_the_loon · · Score: 2

      Will there be an article every time the FBI issues a warrant now?

      There definitely should be an article every time the FBI issues a warrant. That's not something they are allowed to do.

      Request a warrant and have it issued to them, yep I agree with you. Non-news. But issuing one themselves without a judge, that's just a touch news-worthy. </sarcasm>

      --
      Trying to become famous by taking photos. Visit my homepage please.
    2. Re:The FBI wants X by Anonymous Coward · · Score: 0

      Ped-ant
      Ped-ant
      Ped-ant pedant pedant
      Pedant ped-aaaaaant

      damn now I want to watch the Pink Panther

    3. Re:The FBI wants X by wvmarle · · Score: 1

      Will there be an article every time the FBI issues a warrant now?

      Of course, just like every airplane crash gets media attention. Both events are increasingly rare, even though both air traffic and the FBI are growing fast and out of control. That's why it's newsworthy: it's special, it's shocking, it's just not something that happens every day.

  18. Re:But... by Plus1Entropy · · Score: 1

    Ignorantia juris non excusat

    Ignorance has never been a great defense against breaking the law. This would basically be an extension of that.

    --
    Only crack the nuts that crack. You don't put the ones that don't crack in the sack.
  19. SLAVERY by Anonymous Coward · · Score: 0

    But but but! Forcing someone at Skype to comply with the court order is tantamount to SLAVERY by making them work with no compensation!

  20. This is dumb by bobo_1968 · · Score: 1

    The NSA has full video and audio of Skype conversations following PRISM. They actually had audio of Skype before it was sold to Microsoft, and bragged about getting video shortly after in the Snowden leaks (published by Der Spiegel I think). Wtf is the NSA doing with this information? Wasn't this their whole justification?

    1. Re:This is dumb by Cyberpunk+Reality · · Score: 1

      What? You expected the intelligence agencies to do their fucking jobs? Sorry, but they're too busy spying on ex-girlfriends and Congress, with the occasional side-venture into insider trading.

      --
      Rule 35 of the internet: "If it can be hacked, it will be". - Charles Stross
    2. Re:This is dumb by Anonymous Coward · · Score: 0

      This case is not important enough to make the NSA confirm that capability. No billionaire's property or politician's career was in danger at any time.

    3. Re:This is dumb by Anonymous Coward · · Score: 0

      You're implying the FBI hasn't seen that video already, and that they're not just going about the typical parallel construction route, while expanding their powers via legal precedent, as always.

  21. Would APK host files help? by Anonymous Coward · · Score: 0

    Pretty sure APK can tell us all how his host file program from 1904 or whenever it was written will stop the FBI reading your chats...

  22. Re:But... by stjobe · · Score: 1

    it's illegal to plan to do a bad thing

    Found the bug.

    That's thoughtcrime, something a civilized nation really shouldn't have.

    --
    "Total destruction the only solution" - Bob Marley
  23. The Government already has the data by Anonymous Coward · · Score: 0

    The NSA/CIA already have direct access to Skype's servers, every bit of data flowing through Skype is stored on the Alphabet agencies' servers.

  24. Headline Correction - remove "Terror Suspects" by Maritz · · Score: 2

    And you're there. ;)

    --
    I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
  25. Scope definition by Anonymous Coward · · Score: 0

    The real issue here, and problem I have with this is that there is no defined scope with any of this. Every single person that account has ever connected to, or person that had him in their contact list becomes the subject of an active terror investigation. No reguard to the basis of the contact, school related, job related, etc. They are not using that information to track funding sources, but merely using it to find "targets of opportunity". Even if nothing comes of it, those people and contacts and friends of friends are stored in a database as having once been associated with a terror suspect.. and down the road if say, they don't like their google search history, or something else benign, can use their previous relationship / contact with that account as means to justify warrents etc in the future.

  26. Re:But... by Khyber · · Score: 1

    So when does that get applied to judges?

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  27. Re:But... by Swave+An+deBwoner · · Score: 1
    I hate to say this but you are spot on there AC.

    How should anybody have known that it was against the law to kill people; it's up to the FBI to tell them that.

    http://www.bostonmagazine.com/news/blog/2015/07/13/isis-inspired-son-of-boston-police-captain-arrested-as-part-of-counter-terrorism-sweep/

    According to an FBI affidavit Ciccolo was planning on attacking a college campus with a pressure cooker bomb similar to the one used in the Boston Marathon bombing and several guns. Ciccolo allegedly planned to broadcast some elements of his attack, like executions, live over the internet. His focus areas were what security experts often describe as soft targets: cafeterias and dorms. It’s unclear exactly where or when the attacks were to occur.

    Other reports state that he has a history of mental illness.

  28. Re:But... by Plus1Entropy · · Score: 1

    Not sure what you mean...

    Are you talking about a judge who happens to be on trial for a crime? I assume it would apply the same as it would apply to anyone else.

    Are you talking about a judge overseeing a trial where they may be ignorant of the relevant laws? Probably depends on where you are, and at what level of government, but I'm sure there are procedures for removing judges who are deemed to be grossly incompetent. If you're talking SCOTUS, then you're SOL.

    --
    Only crack the nuts that crack. You don't put the ones that don't crack in the sack.