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Senate Bill Draft Would Prohibit Unbreakable Encryption (ap.org)

buck-yar quotes a report from the Associated Press: "A draft version of a Senate bill would effectively prohibit unbreakable encryption and require companies to help the government access data on a computer or mobile device with a warrant."
The two Senators finalizing the bill announced "No individual or company is above the law," saying their goal is to ensure compliance with court orders to help law enforcement or to provide decrypted information. The ACLU's legislative counsel argued the drafted legislation represents a "clear threat to everyone's privacy and security," and the bill is opposed by another member of the Senate committee, Ron Wyden, who says it would require "American companies to build a backdoor... They would be required by federal law per this statute to decide how to weaken their products to make Americans less safe."

40 of 267 comments (clear)

  1. Write your senator by Anonymous Coward · · Score: 5, Insightful

    This is a good time to drop them a letter AND an email AND a phone call AND a fax while at it. Go on, do what's expected of you but too few of you actually do.

    1. Re:Write your senator by Z00L00K · · Score: 4, Insightful

      I have no Senator, not even an Opel Senator.

      But if unbreakable encryption is forbidden then only criminals will use it.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    2. Re:Write your senator by FlyHelicopters · · Score: 5, Interesting

      This is a good time to drop them a letter AND an email AND a phone call AND a fax while at it. Go on, do what's expected of you but too few of you actually do.

      I don't give them money, so they don't care.

      https://youtu.be/Ylomy1Aw9Hk

      Last Week Tonight with John Oliver: Congressional Fundraising (HBO)

      Well worth 21 min of your time.

    3. Re:Write your senator by WarJolt · · Score: 4, Insightful

      Sounds similar to arguments the NRA has been using for years. Congress is not persuaded by logic. Let's add pieces to this. If all legal encryption is breakable then criminals would use unbreakable encryption, criminals would decrypt all law abiding internet traffic and Congress will be faced with the same reality China faces with the great firewall of China; Some tech just can't be regulated.

      I love it when nerds can emasculate politicians.

    4. Re:Write your senator by dryeo · · Score: 3, Insightful

      Sounds similar to arguments the NRA has been using for years. Congress is not persuaded by logic. Let's add pieces to this. If all legal encryption is breakable then criminals would use unbreakable encryption

      So basically the satellite tv providers, cable, game systems and all the rest would have to use breakable encryption. Yah, that is going to work.

      I'm sure they'll be exceptions for certain types of large businesses

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
  2. Before everyone gets up in arms about this... by FlyHelicopters · · Score: 4, Interesting

    Was this bill introduced with the intention of passing it, or was it done for election time?

    Many bills get introduced that have zero chance of passing, rather they do it so the Congresscritters can go back to their home state and say "I'm fighting for you, to stop those evil terrorists from threatening your family, vote for me!"

    1. Re:Before everyone gets up in arms about this... by click2005 · · Score: 5, Insightful

      No this bill was introduced so when it fails and they introduce a slightly les offensive bill it will pass.

      Its like how people will vote for someone based on them being "not as bad as some previous guy"

      --
      I am a free slashdotter. I will not be modded, blogged, DRM'd, patented, podcasted or RFID'd. My life is my own.
    2. Re:Before everyone gets up in arms about this... by dgatwood · · Score: 3, Interesting

      That needs to be repeated: the majority of Americans WANT BREAKABLE ENCRYPTION. The majority of people think Apple was in the wrong - something like 60/40 according to polls. So not an absolute majority, but not an insignificant one. Especially when it comes to politicians measuring which way the wind is blowing.

      What I don't think you understand here is that the opinion of the majority of Americans is completely irrelevant to what government actually does. Completely. Most politicians couldn't give two s**ts about what the public thinks. And although that is usually counterproductive, in situations like this, it is actually the right policy. The average American doesn't have any idea what encryption is or does; they just know that it magically keeps them safe. As such, their opinion on how crypto algorithms should be designed isn't important, because their opinion is not an informed opinion.

      To use an analogy here, the majority of Americans want flying cars. The fact that they won't know how to drive flying cars doesn't matter to them. The fact that it isn't currently technologically feasible to build flying cars doesn't matter to them, either. If government listened to those demands, they would pass a law saying that 25% of cars next year must fly. Doing so won't give us flying cars; it will just cause all American automakers to shut down because of their inability to comply with that law. Politicians know this, because they have listened to people whose opinions actually are informed, and as a result, they won't pass such a law no matter how many Americans might jump up and whine, "But I want my flying car NOW!"

      There are exactly two groups of people whose opinions matter in this case: law enforcement and the technology industry. Law enforcement's opinions matter because they're in the trenches, and they think they know what tools they need to get their jobs done. The opinions of people in the tech industry matter because they're the ones who can say whether or not what they are asking for A. is feasible, and B. can be done in a way that doesn't completely destroy the security of the system as a whole. Nobody else's opinion matters in this debate, because nobody else has sufficient knowledge of the ramifications of such a law (including, apparently, much of Congress).

      It would be laughable to allow government positions to be decided by a bunch of uninformed people merely because they scream their ignorance at a louder volume than the rest of us. That's the surest way to governmental collapse, and is the reason that most politicians quickly erect an intern-powered bozo filter around their inbox....

      Geeks are losing this battle. The simple problem is that people want encryption to be like a safe: a thing you use to keep The Bad Guys out, but which The Good Guys can still bust open if necessary. People flat-out don't want unbreakable encryption or perfectly secure phones. See that earlier story about the dad trying to get Apple to unlock his late son's iPhone. People side with the father. They want it to be possible to break into encrypted things.

      No, people want to be in control of their lives. Some of them wrongly believe that banning encryption will give them more control. We merely must educate them about the fact that doing so will actually give them far less control.

      In some cases, governments go too far in trying to create the illusion of control, such as many of the things our government did after 9/11. However, the people grasping for power after 9/11 were mostly unopposed. The airline industry has always been on the verge of bankruptcy, and they weren't about to try to fight the government to keep them from forcing all of those changes, because they wouldn't have survived. In contrast, the government is now going up against the three largest companies on the planet Earth (Apple, Google, and Microsoft)—companies that make essentially 100% of the world's smart

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    3. Re:Before everyone gets up in arms about this... by Tom · · Score: 4, Insightful

      While I agree with you in general, you are too strict and don't understand the concept of democracy. Look:

      There are exactly two groups of people whose opinions matter in this case: law enforcement and the technology industry.

      That is a technocracy, not a democracy. Rulership by the people means exactly that. If people are uninformed, make them informed. That is the actual reason why we have representative democracy (i.e. parliaments and such), because a small group of people whose sole job it is actually has the opportunity to become informed and then decide.

      Of course, the current political system doesn't work that way because they don't (any of that), but at least that is the idea.

      People should decide, otherwise we end up in what we have in Brussels: A technocratic government completely detached from the people it governs making decisions purely on administrative merit.

      --
      Assorted stuff I do sometimes: Lemuria.org
  3. "No individual or company is above the law" by ark1 · · Score: 2

    Only government is.

  4. Oh yeah? by Anonymous Coward · · Score: 2, Informative

    GCv5c3FA9xfa7&aigJ

  5. Privacy, penumbras, and emanations by John+Jorsett · · Score: 2

    Didn't the Supreme Court discover a general right to privacy in the penumbra from the emanations of the Constitution? Whatever happened to that?

  6. Re:OSS by Anonymous+Brave+Guy · · Score: 5, Funny

    Or does the US Congress think that they pass laws for the whole planet?

    Was that a serious question? ;-)

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  7. Feinstein ain't no Einsten by Space+cowboy · · Score: 5, Interesting

    She's just a paranoid old woman who's so scared about "the terrorists" that she's willing to give up ... what's the line ? Oh yeah, "essential liberty" ... sounds familiar somehow.

    I happen to work on De Anza Blvd, and I was looking out the window when the proverbial was hitting the fan with Apple and the FBI, there was suddenly a cavalcade of blacked-out sedans overriding the lights sequence, with police blowing their horn as someone (my assumption here is that it was the senator, no-one else really gets that level of police co-operation) halted the normal traffic lights sequence so this entire entourage could turn into Infinite Loop.

    So, Diane was going to yell at Tim. I have some reasonable hope that Tim told her to stick it where the sun don't shine, but I think he's more polite (not to mention politically astute) than I, so I'm sure he came up with a gentlemanly way to say it.

    The good news is that she won't be re-elected because she's not going to run any more. She's too old (thank $deity) so we have a chance of getting someone in who isn't a complete fucking moron when it comes to national security. There's no way this state will elect a republican, so we're stuck with her until then. She gets a lot of votes, and I really hope that's just people voting along party lines because if people actually *want* her policies, well... shit, time to leave.

    --
    Physicists get Hadrons!
  8. Breakable for one, breakable for all. by headkase · · Score: 2

    They don't get the inherent flaw with "breakable" encryption: if the government can break it then so can third-parties. Which may be other governments. Like China looking for industrial secrets. Hell, even right now you know that encrypted channels of every kind are being recorded for the inevitable day quantum computing becomes a reality and they can then be decrypted after the fact.

    --
    Shh.
  9. Ban by Wowsers · · Score: 2

    Ban unbreakable encryption. Politicians proving once again they are dangerously uneducated. About time you stopped electing people with socially useless law and politics degrees.

    --
    Take Nobody's Word For It.
  10. Good by shawn2772 · · Score: 4, Insightful

    This is good. Not the bill, but this is the correct place for this debate, in the legislature, not the courts. Now we just need to make sure it loses, and for the right reasons.

  11. Cameron vs Panama Papers by flyingfsck · · Score: 3, Interesting

    The Congressmen should speak to PM Cameron of the UK about the need for privacy and encryption. He seems to have gotten a change of heart following the Panama Papers leak. Anyhoo, all encryption is breakable. It may just take a while...

    --
    Excuse me, but please get off my Pennisetum Clandestinum, eh!
  12. Re:Outlaw Math. That'll Work. by Anonymous Coward · · Score: 2, Insightful

    Such a parallel argument would be equally missing-the-point. Just because a thing is possible to do doesn't preclude laws making that thing illegal to do, or to own. And while those laws may not make owning or doing that thing impossible, they can make it rare or difficult for Joe Average to do or own.

    Except that in this case, the thing being made illegal is a piece of software whose source code has already been declared protected free speech.

    Even if Joe Average doesn't touch it, Joe McTerrorist sure will---thus defeating the entire purpose of this bill.

  13. Second Amendment Issue? by AF_Cheddar_Head · · Score: 5, Interesting

    Follow along with me:
    Cryptograghy is subject to ITAR (International Traffic in Arms Regulations)
    This means the Federal Government treats Cryptography as an Armament
    What does the second amendment say: "the right of the people to keep and bear Arms, shall not be infringed"
    Hey NRA time to step up and defend the Second Amendment against the heinous assault. Slippery slope and all. You don't want these guys coming after your guns do you.

    1. Re:Second Amendment Issue? by Feral+Nerd · · Score: 2

      Follow along with me: Cryptograghy is subject to ITAR (International Traffic in Arms Regulations) This means the Federal Government treats Cryptography as an Armament What does the second amendment say: "the right of the people to keep and bear Arms, shall not be infringed" Hey NRA time to step up and defend the Second Amendment against the heinous assault. Slippery slope and all. You don't want these guys coming after your guns do you.

      OMG... brilliant!

      Prior art: https://xkcd.com/504/

  14. They brought this on themselves by sjames · · Score: 5, Insightful

    The NSA and FBI brought this on themselves. Before all the spying on everyone, parallel construction, and warrant less use of stingray plus secret courts, nobody was all that much interested in consumer products with unbreakable encryption.

    If they want to blame someone for this, they need to look in a mirror and understand that their operations are just plain creepy and incompatible with a free country. They are starting to smell like the Stasi and a significant portion of the citizens of this country don't care to give them any more of a foothold.

  15. Re:Deal by qeveren · · Score: 4, Informative

    A one-time pad is pretty close, in that you can never really tell when you've actually decoded it.

    --
    Don't just stand there, get that other dog!
  16. Senators get blacked out sedans? by Bruce66423 · · Score: 2

    Wow - no wonder the USA is messed up. In the UK our ministers get a chauffeured car - and that's it. Disrupting the traffic - especially because it's so bad anyway - is the way to lose elections over here. I remember seeing Obama go past in a 50 car cavalcade. WHY?

    Seems like this has potential as a campaign issue.

  17. Stupid senators asking for laws by knee jerk. by Lumpy · · Score: 2

    Dear Senate, all of you are drooling morons. uncrackable encryption has existed for decades, and will continue to exist after your stupid law. All the law does is makes honest people criminals.

    It's to the point that it's not worth it to be an honest citizen because the criminals have more freedom.

    --
    Do not look at laser with remaining good eye.
  18. This... by fyngyrz · · Score: 2

    Senate Bill Draft Would Prohibit Unbreakable Encryption

    That will work just about as well as laws that make suicide illegal. Or guns.

    Unenforceable; impractical; in the final analysis, stupid.

    --
    I've fallen off your lawn, and I can't get up.
    1. Re:This... by tnk1 · · Score: 4, Insightful

      It will work *very* well, just not at the ends that these Senators want.

      Do you know how painful it is to work with European companies thanks to how shitty Facebook and company were with cooperating?

      Now a law that ends all unbreakable encryption will make it impossible for me to convince anyone in Europe that they won't be owned the second they send some data over. Even though our app doesn't require any sort of private information, or take any credit cards.

      Yes, the Europeans in that case will be technically wrong, but who can really blame them for not being at least a little gunshy in that regard? They not going to want to have to closely inspect every single purchase they make of a product where they can't make an assumption that we are making a good faith attempt to protect them because our fucking government won't let us.

      These Senators are idiots and appear to want us to lose all our international business for some stupid terrorist fearmongering bullshit.

    2. Re:This... by fustakrakich · · Score: 5, Insightful

      Unenforceable; impractical; in the final analysis, stupid.

      You folks still aren't getting it. The law provides probable cause against anyone using unbreakable encryption (like such a thing exists). If the cops can't decipher your communications, they can bust the door down, take everything and arrest you on mere suspicion.

      The sad thing is that these laws are such an easy sell to the panicky and actually very authoritarian public.

      And there's that name, Feinstein, again. Fascism in a dress.

      --
      “He’s not deformed, he’s just drunk!”
    3. Re:This... by ATMAvatar · · Score: 4, Informative
      --
      "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
    4. Re:This... by delt0r · · Score: 4, Informative

      It is not like this is a new situation. For quite a while when there was "export" restrictions on encryption you couldn't really communicate to the US with decent security. Within the US was fine. Within the EU and the rest of the world was better. Even off shore US companies couldn't use strong encryption because it was still "exporting" it. I know at least several occasions were companies i worked for would not use US companies for this reason.

      --
      If information wants to be free, why does my internet connection cost so much?
    5. Re:This... by Tom · · Score: 3, Insightful

      Yes, the Europeans in that case will be technically wrong, but who can really blame them for not being at least a little gunshy in that regard?

      We would be technically wrong, but procedurally correct, because if you have laws like that, plus secret courts and gag orders, staying as far away as possible is the only way to keep data safe.

      The secret courts are the worst. You know when we over here had them the last time? It was in Nazi Germany.

      --
      Assorted stuff I do sometimes: Lemuria.org
    6. Re: This... by Kjella · · Score: 2

      Breivik had planned his attack for years, becoming a farmer for access to large amounts of fertilizer, model airplane group for fuel, hunting license for the rifle, joined a pistol club for the hand gun, picked a small island, assassinated the one police officer first... He's got way more in common with IS than your average school shooter, if the bomb had brought the building down as he planned he'd have killed hundreds in the capital instead of eight. The mass shooting was just his follow-up/plan b. No, it won't stop Unabomber class crazy but very little will, unfortunately...

      --
      Live today, because you never know what tomorrow brings
  19. Re:Ban it? by fyngyrz · · Score: 2

    It looks like electioneering propaganda from here, not a serious proposal that anyone really expects to become law.

    If you hadn't already said that you weren't in the US, I'd know it from this remark. The US, I am very sorry to tell you, has an incredible overabundance of absurdist, foolish, ridiculous, unconstitutional, and otherwise (cough) "serious" laws.

    --
    I've fallen off your lawn, and I can't get up.
  20. Think a step further by Elfich47 · · Score: 4, Interesting

    Let's take this law to its logical conclusion. No one in power cares about individuals download pgp and encrypting their email. Everyone cares when money gets involved.

    All "trusted" internet commerce where you plug in your credit card number is dependent upon encryption strong enough to prevent credit card and identity theft. If this law were to pass no internet commerce company would be able to use encryption strong enough to prevent people from stealing credit card numbers by skimming traffic. It may take a little bit (hours or days) but someone skimming Amazon or bank traffic will start being to pull out credit card and account numbers and the trust of internet banking will be destroyed for years.

    This is what will prevent strong encryption from going away- the encryption has to be available to all users for it to be useful. People, credit card companies and insurance companies will not tolerate money being stolen whole sale that we have not seen yet. Yes I am aware that people get their card numbers stolen everyday. Removing encryption would guarantee that your card is stolen the first time you use your card on the internet.

    --
    Architectural plans are like computer source code with a couple of differences: You only compile once.
  21. So in the long run... by Ramley · · Score: 2

    American companies can not provide unbreakable encryption? Another country will provide those products and people will want them. Our tech firms get hurt. Brilliant!

    ...Until all countries follow our laws and prohibit the same thing(s).

    Then the only people who have an immense, evil amount of power are governments... beyond what we (in the US) allow today.

    Not to get into the politics of it all, but doesn't limiting the size and scope of our government here in the US make the most sense in the long-run? Handing over power to our government might seem great when the right people are in office, but when the people change (and the power is still there), everyone is screwed. History repeating itself over and over.

  22. No such thing by fyngyrz · · Score: 4, Interesting

    Unbreakable encryption -- outside of direct coercion of the sender or receiver -- is trivial. Here's an encrypted message from me:

    "The cockatrice is in the jacuzzi"

    Let me know when you can decrypt it without directly coercing me. You're allowed to use any intellectual or computing resources available to anyone on the planet. Or all of them. Until you can, there's no way, literally no way to make unbreakable encryption inaccessible to anyone with a vocabulary larger than a parrot's (on second thought, that might be enough anyway.) Making such a thing illegal to do, or use, is completely impractical.

    You can punish someone for using it, if you can catch them at it.

    --
    I've fallen off your lawn, and I can't get up.
  23. Re:Deal by serviscope_minor · · Score: 2

    It's not pretty close, a genuine OTP is unencryptable. The phrase is "information theoretic security".

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

    --
    SJW n. One who posts facts.
  24. Re:Ban it? by Anonymous Coward · · Score: 2, Informative

    Well in spite of US pressure, New Zealand became Nuclear free and no later governments have been brave enough to try and change that status.

    New Zealand got punished economically for their democratic decision, how dare a country of (back them) 3 million people say NO to the US. At the same time China got "Favoured Nation Status" for trade.

    Unfortunately since then our MPs have had less spine, the should have said NO to the TPPA too.

    The one thing the US is consistent about, its moral stance depends on how much money can be made. The US will forgive any crime by other countries if there is enough money in it for them.

  25. For the n-th time by Opportunist · · Score: 2

    Think about it, dear politicians, what this would mean for your economy.

    Let's say I have a company. I have data that is important to me because it contains trade secrets. I'm in research and development, i.e. THE field you want to attract. No/little use of resources, employs lots of people from top eggheads to braindead menial workers and the output is patents that can be multiplied at will with zero cost and sold (not only domestic but also abroad) for insane amounts of money.

    In case you're too stupid to understand that, dear politican: YOU DO WANT THAT BUSINESS in your town, state and country. You do want that. It's the perfect cash cow, the industry that turns literally NOTHING into gold.

    I will steer clear of you if you disallow me to use unbreakable encryption and perfect safety from spying, though. For obvious reasons: There is none, never has been, never will be, a government-only backdoor. Or rather, there will not be an anything-only backdoor. Any backdoor you can use will eventually be available to my competitor.

    Oh, it's safe because only you have the key? Think again. That key is in the hands of some person working for you. And the entities interested in my research are not only corporations but also whole countries with funds that make that guy, or the guys (seriously, whether it's one or a handful, who gives a shit?), blind when I only suggest paying them. And I will pay them. I have no reason to kill them, I turn them into accomplices. And then I have that key. And that means I have that key to all the research happening in your country. Can you imagine just how much I can pay your underpaid public office workers before this becomes unfeasible for me?

    In other words, in simple words so even you politicians get it: Do that and NOBODY in their sane mind will place their R&D data into a place where your insanity rules. R&D is one of the things you can very easily move abroad. It's not like delivering takes lots of money. Relocating the people I need is peanuts compared to the risk of doing business where you invent insane laws like this.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  26. What about cross border software? by ukoda · · Score: 2

    Will there be a US and export versions of Windows and Mac OS? I guess the situation with Linux is a bit better e.g. Red Had builds a crippled version for the US market and CentOS do the secure version entirely outside the US. Even if Microsoft and Apple are allowed to make export versions, or do it via an end run around the law, to try and keep customers, would people trust them? Yea, I know, my country is one of many that would pass the same law in the interest of "free trade" so it probably doesn't matter.

    Hopefully this proposed law will fail...