Slashdot Mirror


Top FBI Attorney Worried About WhatsApp Encryption (usnews.com)

An anonymous reader shares an article on USNews:WhatsApp on Tuesday announced that all types of messages on the latest version of its app are now automatically protected by end-to-end encryption, and the FBI's top attorney is worried some of the platform's more than 1 billion global users will take advantage of the move to hide their crime- or terrorism-related communications. FBI General Counsel James Baker said in Washington on Tuesday that the decision by the Facebook-owned messaging platform to encrypt its global offerings "presents us with a significant problem" because criminals and terrorists could "get ideas." "If the public does nothing, encryption like that will continue to roll out," he said. "It has public safety costs. Folks have to understand that, and figure out how they are going to deal with that. Do they want the public to bear those costs? Do they want the victims of terrorism to bear those costs?"Maybe the government shouldn't have imposed so many surveillance programs on its citizens -- and kept quiet about it for years -- that they now feel the need to use sophisticated security technologies.

26 of 182 comments (clear)

  1. Fuck him by Anonymous Coward · · Score: 5, Insightful

    Good. Fuck him and the horse he rode in on.

    1. Re:Fuck him by rhazz · · Score: 5, Funny

      FBI: If the public does nothing, encryption like that will continue to roll out.

      Public: Ok.

    2. Re:Fuck him by Megol · · Score: 3, Insightful

      But he is correct? There _are_ costs, potentially involving people being killed. To me (and I assume you) those costs are worth it. So do your work and try to convince people that exposing communication to criminals and government isn't worth the minimal extra dangers!

    3. Re:Fuck him by MightyMartian · · Score: 5, Insightful

      Freedom always has a price. Compared to our ancestors, even with encryption, the cost of freedom is pretty fucking cheap these days.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    4. Re:Fuck him by Sigma+7 · · Score: 5, Insightful

      But he is correct? There _are_ costs, potentially involving people being killed.

      Eliminating encryption won't handle:

      • A lone wolf.
      • Communications that aren't across phone lines or the internet (e.g. Sneaker net).
      • Communications from burner phones that appear innocous (e.g. asking friends to meet up at certain galleries/malls/etc), but are actually targetting data.
      • Letters, especially if they aren't immediatly suspicious.
      • Open broadcasts, calls to action.

      There's no real cost to allowing encryption, as criminals can easily find alternate methods that don't require encryption.

    5. Re:Fuck him by DarkOx · · Score: 3, Insightful

      The thing is he isn't correct there really are not costs, at least not in terms of prevention. As far as the after action investigation goes maybe but those don't bring back the dead anyway.

      All the really actionable intelligence comes from what the three letters have already defined as metadata. Its who is calling and messaging who not what they are saying. Even the NSA does not really have the computing power or resources to consume the content of every ordinary WhatsApp user. This is facebook remember, their entire business model is based around social graph theory too. Encryption might be part of a system that protects that sort of information but it won't do it without some serious design and engineering. Since FB of all organizations would not actually want to make that information secure, its a safe bet its perfectly easy to tell how often and to whom an user sends messages, even if they can't be read.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    6. Re:Fuck him by tripleevenfall · · Score: 4, Informative

      The country exists because some people thought preserving freedom was more valuable than preserving their own lives.

    7. Re:Fuck him by NatasRevol · · Score: 4, Funny

      FBI: Encryption is bad for us.

      Hackers: We know, here's all your data

      FBI: Well, shit.

      --
      There are two types of people in the world: Those who crave closure
    8. Re: Fuck him by NatasRevol · · Score: 3, Informative

      Just a reminder. WhatsApp is still collecting all the metadata.

      Who, to whom, when, where.

      That matters a LOT.

      --
      There are two types of people in the world: Those who crave closure
    9. Re:Fuck him by AdamThor · · Score: 4, Insightful

      FBI: If the public does nothing, encryption like that will continue to roll out.

      Except that the public isn't "doing nothing." The public is rolling out (favoring in the marketplace) encryption in response to government surveillance overreach. G-man should get his cause and effect straight.

      --
      -- "Oh. This guy again."
    10. Re:Fuck him by Anonymous Coward · · Score: 5, Insightful

      I am completely willing to bear these risks and costs. It is my cost for freedom, I know that, *history* knows that, and I will bear them.
      If some fucknut strafes the local shopping mall while my daughter is there and she's killed, that is my cost for her and everyone else to be able to live a life without ID and to go have fun at malls and all sorts of things in life.
      That's my cost and I'll pay it gladly.

      And while I'm at it, we should have rebuilt the WTC towers exactly as they were before to send a big FUCK YOU to them.
      But *no* we got a bunch of fucking tears and memorials and FUD and PATRIOT ACT.

      Fuck all these governments trying to take our freedom.
      Fuck em all.

      Be Brave, not sheep.

    11. Re:Fuck him by Anonymous Coward · · Score: 5, Insightful

      Quote:

      The price for having freedom and presumption of innocence is the fact that guilty men may roam free and evil men may do harm before they can be stopped.

      But if stopping them means risking the loss of freedom and the punishment of the innocent, then tolerating such men is the cost that we must accept for all the treasures a free society offers.
      A saboteur, terrorist, or criminal can only destroy objects and harm lives.

      But they are incapable of touching the foundation on which that freedom is founded.
      Only our fear and paranoia can do that.

  2. This man is an idiot: by gstoddart · · Score: 4, Insightful

    and the FBI's top attorney is worried some of the platform's more than 1 billion global users will take advantage of the move to hide their crime- or terrorism-related communications

    The problem is user may attempt to take advantage of the move to hide their perfectly legal and private endeavors which in no way break the law.

    As usual, FBI General Counsel James Baker and his kind are outright lying, and asserting you do not have a legal right to do things anonymously or without your government knowing, and that many of those people don't give a fuck what the FBI wants because our rights are not defined by assholes who feel we should have no right to privacy if it impedes the ability of government spy on us.

    Why, FBI General Counsel James Baker and his entire family need to be sure their entire lives are made public so that we can be assured he is not misusing his office to conduct illegal business.

    The short version of this is: too fucking bad, there are legally valid reasons to have encryption, the world isn't subject to this asshole's definition of "valid", and he doesn't get to decide without oversight or process that he is entitled to any of this data.

    But like all these modern fascists, he wants the right to see everything we do, and then decide if it's legal.

    Fuck that. I think the entire rest of the world should start using real, hardened encryption the US has no access, and send a big "fuck off" and say it's none of your damned business.

    Stop pretending that undermining our rights is necessary to protect our rights. Because that's a fucking lie.

    --
    Lost at C:>. Found at C.
  3. The power of the public by thegarbz · · Score: 4, Funny

    If the public does nothing, encryption like that will continue to roll out

    Finally for once the power of the uncaring and slack public will actually result in something good.

  4. I am scared of 6 degrees of separation by EmperorOfCanada · · Score: 4, Interesting

    I know people who are Pakistani. I know people who have family in Libya. With all the Syrians moving to my area, I suspect that I will soon know a Syrian. What scares the crap out of me is that just through the classic six degrees of separation they will be "in contact" with an associate of a known terrorist. This then puts me in contact with someone in contact with an associate of a known terrorist. Then some poorly written ML algorithm will see that I have this situation but through to two separate terrorist organizations. Then boom, I have somehow become one of the strongest links connecting the three. Basically a Canadian terrorist nexus. Add to that that I have visited LiveLeak where terrorist videos regularly get posted, and suddenly I am being pulled aside at airports, or cops have a big red blinking light show up on their computer when they pull me over for running a stop sign, and come out all guns drawn.

    It is not only the invasion of privacy that worries me but the complete and certified morons who then interpret this data.

    I just think of the hard partying British couple who's tweet, "I'm going to destroy America and dig up Marilyn Monroe" got them arrested for planning to commit crimes. Context you stupid morons.

    Plus in 99% of this sort of stuff the only advantage is to find out that terrorist A who blew himself to bits was actually in contact with terrorist B who blew himself to bits. It doesn't prevent squat, it just makes the paper pushers happy to have a better trail to confirm whatever obvious facts they started with.

    Here is the horrible thing about all this. Everyone knows exactly which country on this planet funds the bulk of modern ISIS terrorism. Officials won't say it, and they certainly won't do anything about it. So instead they just want to rape our rights to prove that they are doing something.

  5. Basis for the "third party doctrine"? by Bugler412 · · Score: 4, Insightful

    I am distinctly not a lawyer, but is there merit to this thought? The entire legal basis of the "third party doctrine", with which enforcement types can grab your data from a company you do business with basically on demand (or with very easy to get approval), depends on your having "no reasonable expectation of privacy. Well, if I end to end encrypt all communications and stored data in such a way that the storing company does not hold the key, only I do, then I DO now have a reasonable expectation of privacy and the entire third party doctrine collapses legally. I'm VERY certain that it would take an army of attorneys and lots of $$$ and patience to push this idea through the courts, and likely a legal issue with which to establish "standing" to pursue the issue, but thoughts? Is there merit to this line of thinking?

    1. Re:Basis for the "third party doctrine"? by Agripa · · Score: 3, Informative

      Well, if I end to end encrypt all communications and stored data in such a way that the storing company does not hold the key, only I do, then I DO now have a reasonable expectation of privacy and the entire third party doctrine collapses legally.

      No, encryption does not create an expectation of privacy:

      http://papers.ssrn.com/sol3/pa...

      Does encrypting Internet communications create a reasonable expectation of privacy in their contents, triggering Fourth Amendment protection? At first blush, it seems that the answer must be yes: A reasonable person would surely expect that encrypted communications will remain private. In this paper, Professor Kerr explains why this intuitive answer is entirely wrong: Encrypting communications cannot create a reasonable expectation of privacy. The reason is that the Fourth Amendment regulates access, not understanding: no matter how unlikely it is that the government will successfully decrypt ciphertext, the Fourth Amendment offers no protection if it succeeds. As a result, the government does not need a search warrant to decrypt encrypted communications. This surprising result is consistent with Fourth Amendment caselaw: it matches how courts have resolved cases involving the reassembly of shredded documents, recovery of deleted files, and the translation of foreign languages. The Fourth Amendment may regulate government access to ciphertext, but it does not regulate government efforts to translate ciphertext into plaintext.

  6. Sheesh... by s13g3 · · Score: 3, Informative

    The amount of baseless FUD the FBI and government pumps out continues to be nothing short of astonishing when considered that it's in the face of overwhelming evidence they're wrong on so many levels.

    Because, you know, it's not as if they couldn't just use one-time pads to transmit in the clear over Twitter, or basic steganographic techniques to communicate messages with pictures of cats...

    Oh wait... that's probably exactly what they're doing. But that would be inconvenient to the line of bullshit they're trying to sell us. Because it's not as if trying to catch terrorists by spying on the communications of all Americans (and citizens of other nations) is a violation of the Constitution or anything...

    --
    "Inveniemus Viam Aut Faciemus" 'We will find a way... Or we will make one!' --Hannibal of Carthage
  7. None of this matters by neiras · · Score: 3, Insightful

    > Maybe the government shouldn't have imposed so many surveillance programs on its citizens -- and kept quiet about it for years -- that they now feel the need to use sophisticated security technologies.

    Let's get off the "fuck the man" train for a second and look at this rationally.

    • If WhatsApp were compelled to push a version of their app with unencrypted ow weakly-encrypted local message storage, you'd never know.
    • If Apple or Google were compelled to push a signed OS update that exposed WhatsApp to a local attack (after all, messages must be decrypted on your device for you to read it), you'd never know.
    • If someone were to compromise Apple/Google's SSL certificates, man in the middle your Whatsapp download, and wrap it in a keylogger, you'd never know.
    • If the your mobile provider pushed a radio baseband update that invisibly read your Whatsapp keys from memory (yes, many basebands can read and write device RAM directly from outside of OS land), you'd never know.

    I am really happy that people are waking up to the necessity of encryption. But end-to-end encryption relies on a secured local endpoints, and all we have are devices that are 100% owned by the corporations we rent them from.

    That phone in your hand is not yours. It's a hostile environment for hostile apps.

  8. But what about all the ROOMS! by Anonymous Coward · · Score: 4, Insightful

    I don't understand why ROOMS are tolerated so widely. People go in a ROOM, they close the fucking door to the ROOM and they speak softly and I can't hear a damn thing they say. People have been using all these ROOMS to have private conversations for years. I bet nearly every damn crime this year has been planned in a ROOM of some kind. This ROOM tech must be stopped!!!! Criminals might get ideas! Imagine that! They can talk in private in a room and we can't do anything about it!!! The madness must stop!!!!

  9. The cost of liberty, eternal vigilance. by Chas · · Score: 4, Informative

    Still true today.

    Will this create problems when trying to root out bad actors? Sure!

    The thing is, there's no such thing as perfect safety. No matter how hard law enforcement agencies try.

    So, the American public can grow a pair, and realize that the government CANNOT protect them in all situations.
    They can then choose whether or not they will act with more circumspection and awareness of the dangers inherent in their surroundings.
    And they'll accept the fact that sometimes bad things happen regardless of how much effort was put into prevention.

    Or we can simply have ever-greater encroachment on people's liberties.
    And bad shit will CONTINUE to happen, regardless of how much effort is put into prevention.

    So we have a choice:

    * Liberty and danger?

    OR

    * Tyranny and danger?

    PICK ONE!

    --


    Chas - The one, the only.
    THANK GOD!!!
  10. This, and much more of "this". by s.petry · · Score: 3, Insightful

    All of these people holding positions of power demanding access to everything we do all the time need to be the first to make their everything open to us. Strangely they won't do that, and go to great lengths to prevent us from knowing anything about their activities even though we write their paycheck.

    This demand should extend beyond Government officials and to people like Gates, Schmidt, and others in the private sector that make the same arguments and demands that "we" be transparent while "they" hide information and hoard wealth.

    --

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

  11. Level of Risk by Jason+Levine · · Score: 3, Informative

    The FBI attorney is (purposefully?) confusing possible and probable as well as level of risk. Is it possible that terrorists will see WhatsApp's encryption, flock there, and plot a huge attack resulting in many deaths unseen by law enforcement? Certainly. It is also possible that the terrorists will wake up tomorrow morning realizing that this whole "kill everyone different than us" thing is idiotic, will drop their weapons, and take up a less destructive hobby. Both are possible, but are also not very probable. The recent attacks have been planned using SMS and other unencrypted communication methods. If law enforcement can't catch them when they're not encrypting, why go through the bother of deploying encryption?

    As far as of level risk goes, there were 32,727 deaths due to terrorism worldwide in 2014 (Source). Even adding all terrorism deaths together since 2006 gives 161,834. Remember, this is worldwide. If we wanted to limit this to US deaths from terrorism, we'd get 303 American deaths from 2004-2014 (Source). In contrast, 2014 had 17.6 million identity theft victims in the US alone. (Source)

    This all means that you have almost a 639,000 times greater risk of being an identity theft victim than a terrorism victim. Granted, I doubt many people are going to use WhatsApp to share information that could be used in identity theft, but this isn't the FBI vs. WhatsApp any more than it was just the FBI vs. Apple. It's the FBI vs Encryption. They want to see encryption either go away or be backdoored so they can get in at any time. Unfortunately, if this were to happen, a lot more people would find themselves vulnerable to various scams and the number of terrorists captured would be at or near zero.

    This isn't even "trading liberty for security" as much as it is "trading security for some nebulous promise of possible security later on."

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  12. I've got an idea! by djent · · Score: 3, Insightful

    Get this paranoid nut case of out of any authoritative place in government. Maybe a window at the DMV where he can do only do minimal damage. This helps to stop the alphabets from doing an all out colostomy on every Joe Average that tweaks his interest. The upside for him is that now they have an easier time hiding their home grown terrorist operations. Thats the way life works, it rains and the sun comes out, get over yourself, there is a life beyond paranoia. Remember it was chicken little that was running around in circles screaming the sky is falling. Hollering I told you so at each and every one of life's aberrations no longer resonates with the public, its just more white noise.

  13. The costs of terrorism by DickBreath · · Score: 4, Insightful

    Folks have to understand that, and figure out how they are going to deal with that. Do they want the public to bear those costs? Do they want the victims of terrorism to bear those costs?"

    I just did some googling. Apparently the number of people who die by terrorism from now back to 2001 is absolutely dwarfed by the number of people who day every year from automobile accidents, mostly caused by allowing cars to be driven by error prone, inferior, humans.

    Maybe a better use of our tax dollars would be a new 'Manhattan Project' or "Moon Shot' project. Replace the 'War On Terror' with a real 'War On Human Driven Cars'. Self driving cars for everyone. That would save vastly more lives than would ever be saved by allowing the FBI snoops to break into every phone, any where, any time, and without any kind of supervision. That is what this is really about.

    --

    I'll see your senator, and I'll raise you two judges.
  14. Given the FBI history by AutodidactLabrat · · Score: 3, Insightful

    Everyone needs end-to-end encryption, unbreakable, backdoor proof encryption faced with the FBI
    that spent 41 agents FOUR YEARS of hunting down something useful to Kenneth Starr
    And 12 years looking for anything that would silence or intimidate Martin Luther King
    And 18 agents hunting down Nixon's Enemies list
    And at least 5 years chasing reporter's notebooks and phone calls to silence whistleblowers
    And the 8 years hunting Julian Assange for the "crime" of showing the deliberate murder of Journalists in Iraq.

    Our liberty REQUIRES secrecy from these people.
    Our safety can't be guaranteed by giving up our freedom.