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Yahoo Wants To Know If FBI Ordered Yahoo To Scan Emails (onthewire.io)

Reader Trailrunner7 writes: In an odd twist to an already odd story, Yahoo officials have asked the Director of National Intelligence to confirm whether the federal government ordered the company to scan users' emails for specific terms last year and if so, to declassify the order. The letter is the result of news reports earlier this month that detailed an order that the FBI allegedly served on Yahoo in 2015 in an apparent effort to find messages with a specific set of terms. The stories allege that Yahoo complied with the order and installed custom software to accomplish the task. Yahoo officials said at the time the Reuters story came out that there is no such scanning system on its network, but did not say that the scanning software never existed on the network at all. "Yahoo was mentioned specifically in these reports and we find ourselves unable to respond in detail. Your office, however, is well positioned to clarify this matter of public interest. Accordingly, we urge your office to consider the following actions to provide clarity on the matter: (i) confirm whether an order, as described in these media reports, was issued; (ii) declassify in whole or in part such order, if it exists; and (iii) make a sufficiently detailed public and contextual comment to clarify the alleged facts and circumstances," the letter says.

90 comments

  1. P.S. by 93+Escort+Wagon · · Score: 4, Funny

    "And, while you're at it, could you tell Marissa where she left her car keys? She's been searching for days without any luck. "

    --
    #DeleteChrome
    1. Re:P.S. by Anonymous Coward · · Score: 0

      Yahoo is profitable Japanese company with drunk white landlord who is into Oz cosplay

    2. Re:P.S. by Big+Hairy+Ian · · Score: 2

      Have I replied to this thread?

      --

      Build a Man a Fire, and He'll Be Warm for a Day. Set a Man on Fire, and He'll Be Warm for the Rest of His Life.

    3. Re:P.S. by Anonymous Coward · · Score: 1

      "And, while you're at it, could you tell Marissa where she left her car keys? She's been searching for days without any luck. "

      It's probably not that they don't know, but that they can't. As in, they're prohibited from disclosing that information by the order itself. So they're passing the legal ball.

    4. Re:P.S. by yagu · · Score: 1

      I can't remember if I thought this was funny!

    5. Re:P.S. by Anonymous Coward · · Score: 1

      this is more like. we are trying to sell ourselves to verizon and are losing billions on the sale price, because of this, so we are pissed off, so we are setting our lawyers to attack mode

  2. What a brave new world by Anonymous Coward · · Score: 5, Insightful

    All of this shit with secret judges signing secret warrants in secret courts, sending National Security Letters with gag orders attached, to the point where confidence in American business is being continually undermined and no one is even allowed to speak about it HAS GOT TO FUCKING STOP.

    1. Re:What a brave new world by Anonymous Coward · · Score: 0

      For whom do you intend to vote in November? (assuming you're an American)

    2. Re: What a brave new world by Anonymous Coward · · Score: 4, Funny

      I'm voting for the power hungry narcissist who honestly doesn't give a rats ass about us little people.

    3. Re:What a brave new world by Anonymous Coward · · Score: 0

      The candidate who has promised to put an end to FISA and NSLs. I think their name is: "None of the Above"

    4. Re: What a brave new world by FatdogHaiku · · Score: 2, Funny

      I'm voting for the power hungry narcissist who honestly doesn't give a rats ass about us little people.

      Look, you CAN'T vote for all of them... you have to pick one for each office.
      I personally like the power hungry narcissist with the least amount of recent asshattery at the moment, who ever that is...

      --
      You have the right to remain sentient. If you give up the right to remain sentient, you will be elected to public office
    5. Re:What a brave new world by NatasRevol · · Score: 1

      There isn't a vote that will make this change.

      --
      There are two types of people in the world: Those who crave closure
    6. Re:What a brave new world by Anonymous Coward · · Score: 0

      Are any of you aware that there are many more people running for office than the two major narcissistic asshats? There are 435 seats up for grabs in the House of Representatives, 1/3 of the Senate, a bunch of Governors, local politicians, and so on.

      But, nobody cares about any of these because of the least important office in the land: the Presidency. Local and Congressional offices are WAY more important than the Presidency. By a long shot. Yet, we've let the establishment convince us that a) it's all about the Presidency and b) it's all about "MY TEAM MUST WIN AT ALL COSTS!!!!"

      There is still time to look into the people running for "lower" offices and challenge them about their positions on the erosion of liberty. What difference at this point does it make who gets elected to the White House? Focus on the offices that matter.

    7. Re: What a brave new world by Anonymous Coward · · Score: 0

      I'm voting for the power hungry narcissist who honestly doesn't give a rats ass about us little people.

      Of course, but which one?

    8. Re:What a brave new world by Anonymous Coward · · Score: 2, Insightful

      The knee jerk condemnations and whiny hysteria HAS GOT TO FUCKING STOP. NSL's or their equivalent have existed in one form or another since the founding of the country. FISA warrants were instituted during the Carter administration. Acting like these items are some kind of secret weapon trampling on citizen rights is shallow thinking. Could these items be misused? Of course. Just like any other law. Has there been any evidence these items are actually harming a US citizen? I am talking about specific evidence not what screeds about what might happen. Do people even realize that any evidence collected under a FISA warrant cannot be used to prosecute some one in court? FISA warrants are granted when the potential crime being investigated poses a threat to national security. And complaints about the NSA collecting data on foreign citizens needs to include the fact that it was the European intelligence agencies who collected the data on their own people and shared that data with the NSA. And those agencies collected data on their citizens in secret. At least the American agencies attempt to go through a legal process that is really not that damn secret.

      People ignore the simple fact that the US does have enemies and there are legitimate national security concerns that someone needs to address. The US is under attack everyday by foreign intelligence agencies trying to compromise the military, political, commerce, and targeted individuals or groups for one reason or another. Attacking only the US intelligence agencies while ignoring all the other foreign players in the intelligence game is foolish.

      And as far as I am concerned I don't give a shit about what any foreigner wants or wishes. Until people wake up from their one dimensional thinking you can expect things to get worse. I am glad the US military is the strongest in the world because it will be needed in the not so distant future when anarchy with malice explodes around the world. There will be a WW3 the only question is whether or not it stays conventional or goes nuclear. Either way little effort will be made to avoid collateral damage and non-combatants. Russia's current carpet bombing of congested cities is just a minor preview of the violence to come. The best that can be said about this future is that it will certainly be entertaining.

    9. Re:What a brave new world by flyingfsck · · Score: 2

      Nothing new actually. Refer to Der Process of Franz Kafka at https://en.wikipedia.org/wiki/... I actually have a Praha Franz Kafka T-shirt - it looks very nice.

      --
      Excuse me, but please get off my Pennisetum Clandestinum, eh!
    10. Re: What a brave new world by sjbe · · Score: 2

      I personally like the power hungry narcissist with the least amount of recent asshattery at the moment, who ever that is...

      So you definitely aren't voting for Trump. He's clearly the most worst but picking a least worst remains problematic even taking him off the table...

    11. Re:What a brave new world by Anonymous Coward · · Score: 0

      Two words: executive order.
      An executive order beats a full house (or senate).

    12. Re:What a brave new world by Anonymous Coward · · Score: 0

      Nope...a veto override by both houses beats an executive order and any veto

    13. Re:What a brave new world by bigfoottoo · · Score: 1

      Thank you, flyingfsck. I just downloaded "The Trial" pdf, and, at first glance, it looks like an excellent counterpoint to Anonymous Coward's delusional swill.

    14. Re: What a brave new world by Anonymous Coward · · Score: 0

      It doesn't beat a royal flush

    15. Re: What a brave new world by Anonymous Coward · · Score: 0

      It doesn't beat a royal flush

      The people in the US state of Georgia would disagree with that comment.....

      http://www.tmz.com/2016/10/19/hillary-bus-dump-sewage-ticket/

    16. Re: What a brave new world by BlackSabbath · · Score: 1

      Which one is that again?

    17. Re:What a brave new world by Anonymous Coward · · Score: 0

      ...there are many more people running for office...

      Yes, and the overwhelming majority of them, if not all of them, are major narcissistic asshats. It comes with the territory of being a politician

    18. Re: What a brave new world by mrchaotica · · Score: 1

      I'm voting for the goofy extremist who "can't possibly win" but who respects civil rights instead. I did that in the primary, too.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    19. Re:What a brave new world by Anonymous Coward · · Score: 0

      This is how it stops. Because now everyone knows. Yahoo obviously knows whether the request was made or not, but by asking the way they did they've let everyone know regardless of how or if the government responds. Every company faced with this should do the exact same thing.

    20. Re: What a brave new world by Anonymous Coward · · Score: 0

      I can't vote for either, but you are right about Trump being the lessor of the two evils. With Trump, he has pissed off the media as well as the Republican leadership in both the house and senate. We already know the Democrats will actively disrupt anything he wants to get done, so the worst that will happen is deadlock in our government. He will be president, but with very limited ability to get anything actually accomplished.

    21. Re:What a brave new world by Anonymous Coward · · Score: 0

      Why? Things seem to be working nicely. The rich continue to get richer....and, well, that's about it. That's the prime directive.

    22. Re: What a brave new world by mnemotronic · · Score: 1

      It doesn't beat a royal flush

      The term "royal flush", especially the "royal" part makes me shiver given how recently a second Bush served as president, and during an election cycle where a third Bush was initially campaigning, and where a second Clinton could get elected. I like royalty; in Great Britain. There can be no place for sovereignty entitlement or regimes in the US.

      --
      The Russians have won. They have made the world a cesspool of distrust, greed, fear and hate.
  3. Irony by Jester998 · · Score: 2, Insightful

    So Yahoo, a company that made its name as a search engine, can't search through its own corporate records.

    Now we know why Yahoo is no longer relevant to anyone.

    1. Re: Irony by Anonymous Coward · · Score: 5, Insightful

      They obviously know, but are legally forbidden from commenting.

    2. Re: Irony by nomadic · · Score: 2

      Yes, this. That was phrased very carefully.

    3. Re: Irony by bigfinger76 · · Score: 1

      Well, good to see they got the tourniquet on it so quickly; what users remain must be brimming with confidence.

    4. Re:Irony by bigpat · · Score: 1

      So Yahoo, a company that made its name as a search engine, can't search through its own corporate records.

      "we find ourselves unable to respond in detail" doesn't necessarily mean they don't have any records about this, it most likely means they legally can't respond because it is either classified and only cleared individuals given access to the information have it or they are simply under threat of felony prosecution not to divulge that they were under orders. Also, it is very likely they would not have been given any copies of those orders. It would be sufficient to show them the orders without giving them a copy.

    5. Re: Irony by ShanghaiBill · · Score: 1

      what users remain must be brimming with confidence.

      Microsoft, Apple, and others, are doing the same thing. They have issued "non-denial denials" that were basically admissions with a wink-wink. It is unfair to pick on Yahoo for just obeying the law.

    6. Re: Irony by swillden · · Score: 1

      They obviously know, but are legally forbidden from commenting.

      Maybe.

      I think people often forget that corporations are about the furthest thing possible from monolithic. It's entirely possible for one organization within a corporation to receive a request that is within its own ability and authority and to handle it without bothering to tell anyone else, or with only brief consultations with legal, who may not have kept any records. Given government secrecy requests/demands, that possibility grows even more likely. Further, corporations aren't static. They're constantly reorganized and even without reorgs people move around a lot, and even leave the company. There are some records of what people and organizations do, but they're usually scattered and almost never comprehensive.

      It's entirely possible that they did something like this, that the system was installed and later removed, and that the only people who know about it have left the company or aren't speaking up because they were told at the time that they could never speak about it, and that the organization that was responsible for doing it and/or undoing it no longer even exists. It's possible that Yahoo's leadership's only option for finding out whether it happened is to scan old email to see if anyone discussed it via email (which may not have happened; see "government secrecy requests/demands") or to look in system configuration changleogs to find out if the system was ever deployed (and it may have been hidden under an innocuous-sounding name)... or to ask the government if the request was ever made.

      Of course, my supposition here depends on a culture of cooperation with the government. I don't know if that existed at Yahoo. I think most of the major tech corporations at this point have a strong bias towards NON-cooperation, which would cause any request like this to go immediately to legal who would immediately notify the relevant C-level execs. But I have worked for corporations where the scenario I describe is totally plausible.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    7. Re:Irony by flyingfsck · · Score: 1

      They can, but they are not allowed to. They are trying to do an end-run around the muzzle order, to salvage their sale. Yahoo is contaminated now with radio-active US Gubmint BOHICA red tape. Nobody will touch them now without a very long depleted barium barge pole.

      --
      Excuse me, but please get off my Pennisetum Clandestinum, eh!
    8. Re: Irony by flyingfsck · · Score: 0

      Unfortunately you sound like a Yahoo Apologist AI chat bot.

      --
      Excuse me, but please get off my Pennisetum Clandestinum, eh!
    9. Re:Irony by flyingfsck · · Score: 0

      Another Yahoo Apologist AI chat bot?

      --
      Excuse me, but please get off my Pennisetum Clandestinum, eh!
    10. Re:Irony by Anonymous Coward · · Score: 0

      Exactly, they're not allowed to respond.

      Most likely what was being asked for was not as bad as the worst case some news reports are implying, but Yahoo can't legally say that (or even confirm or deny such a request was ever made), only the FBI/Director of National Intelligence can. So they're asking him to.

      Or it was that bad, and they're asking him to lie about it.

    11. Re:Irony by bigpat · · Score: 1

      Another Yahoo Apologist AI chat bot?

      Well, you either accept the leak and reported stories as fact... which means anyone at Yahoo that knows about it really can't legally say anything about it publicly without going to jail or you don't accept the facts as they have been reported and it may not even have ever happened.

      I choose to believe the facts that were reported and that Yahoo did likely cooperate with the government under a secret order which means exactly what I said. Yahoo isn't saying they don't have information they are saying they can't reveal that information and are asking the only authority they can ask to declassify the information so they can talk about it publicly.

      Personally, I am not pulling any punches... if the story is true and Yahoo didn't legally object in court to the sort of untargeted keyword searches being alleged, then Yahoo was complicit in a criminal conspiracy to violate the constitutional rights of millions of Americans.

      And by untargeted I mean they used keywords instead of having a constitutionally valid warrant for all the emails to or from specific individuals.

    12. Re:Irony by OakDragon · · Score: 1

      Maybe they should Ask Jeeves.

    13. Re: Irony by Anonymous Coward · · Score: 0

      You mean Obama bot, right?

    14. Re: Irony by bigfinger76 · · Score: 1

      My point was that Yahoo! waited a ridiculous amount of time before making a statement. They made the same foolish error regarding the hack months back.
      It's called being tone deaf.

  4. One hand doesn't know what the other hand does by Anonymous Coward · · Score: 1

    And now the snooping device is probably on the last step before their network.

    1. Re:One hand doesn't know what the other hand does by Anonymous Coward · · Score: 0

      It's obvious what your other hand is doing.
      You will go blind you know.

  5. Can they also look up my password? by Anonymous Coward · · Score: 0

    I lost it around 2002, the last time I used Yahoo! I'd love to see what's accumulated in that old address since then.

    1. Re:Can they also look up my password? by Oswald+McWeany · · Score: 1

      Depending on your userID, your account probably isn't YOUR account anymore. They let new sign ups take existing names that hadn't been used in a long time.

      I signed in, just so that no one could take my old account (on rare chance something incriminating, or important was sent there), haven't been back since (although I probably should just to keep account alive so they can't compromise my security).

      --
      "That's the way to do it" - Punch
  6. Yahoo Wants To Know by Anonymous Coward · · Score: 0

    "What did we do? When did we do it? What's this Web thing all about anyway? Who's in charge around here? Is an FBI like a Private Eye?"

    1. Re:Yahoo Wants To Know by unixisc · · Score: 1

      I have heard about people going into a trance to discover their soul, their inner being and so on, but this is the first time I've read about a company doing it

    2. Re:Yahoo Wants To Know by flyingfsck · · Score: 1

      Hello, tap, tap, whoosh, whoosh... is this intertube thing on?

      --
      Excuse me, but please get off my Pennisetum Clandestinum, eh!
  7. Guessing the real story here by surfdaddy · · Score: 5, Interesting

    If I were Yahoo, and my reputation was damaged from this, and I had received a government FISA order that I couldn't talk about, then I would do exactly this same thing. I see this as similar to a canary - Yahoo can't divulge what the government ordered, so instead, *publicly*, ask the FBA if "a, b, c" happened and to provide details. But I'd make sure I'd word "a, b, c" as what I actually know DID happen. So in fact I've hinted to the world the actual true story without actually providing the information that I'm not legally allowed to make public.

    1. Re:Guessing the real story here by bigfinger76 · · Score: 1

      I would have done these things as well. I wouldn't have waited this long to do them, either.

    2. Re:Guessing the real story here by grasshoppa · · Score: 1

      Bingo. I'd applaud them, too, if I this weren't an "oh shit, we got caught" maneuver.

      --
      Mod me down with all of your hatred and your journey towards the dark side will be complete!
    3. Re:Guessing the real story here by Anonymous Coward · · Score: 0

      If I were Yahoo, and my reputation was damaged from this, and I had received a government FISA order that I couldn't talk about, then I would do exactly this same thing. I see this as similar to a canary - Yahoo can't divulge what the government ordered, so instead, *publicly*, ask the FBA if "a, b, c" happened and to provide details. But I'd make sure I'd word "a, b, c" as what I actually know DID happen. So in fact I've hinted to the world the actual true story without actually providing the information that I'm not legally allowed to make public.

      Yes, they probably do not expect the letter to be responded to in any meaningful way. From what I have read these requests are usually ignored or responded to by saying they cannot respond. So taken as a PR exercise it is trying to create some uncertainty about what actually happened. Basically, saying that perhaps something did in fact happen, but might not be as bad as what was leaked/reported, and if it wasn't as bad as what happened we couldn't tell you. But Yahoo wants to appear to be transparent. Of course it could have fought the order, maybe it did and that was classified. Who the fuck knows.

      On the public side we are left with a government that may or may not be completely violating our constitutional rights. We can't be sure either way because that's classified. Or possibly with a government that is spying on us and has been the real source for all these electioneering targeted leaks... with or without the Russians help.

      The US government has become a cluster fuck of lies and deceit in name of covering people's asses.

    4. Re:Guessing the real story here by Solandri · · Score: 1

      The interesting thing is that they're implying the FBI was the source for these requests. The NSA and CIA have been able to weasel through their requests on the grounds that they're investigating electronic communications with people outside the U.S. who don't have Constitutional protection. i.e. Someone in California emails someone in Virginia, both are protected by the 4th Amendment, and there needs to be a warrant before their communications can be read by the government. But someone in China emails someone in California, and the NSA and CIA's legal argument is that the Chinese sender doesn't have 4th Amendment protection, so they are within their rights to intercept communications en masse without a warrant, then filter out entirely domestic communications which would require a warrant, leaving only international communications.

      The FBI does not have jurisdiction outside of the U.S. (that's the CIA's and NSA's job). The only time they're allowed to investigate something outside the U.S. is when a foreign country invites them to do so (e.g. Pan Am bombing over Scotland). So if it was in fact the FBI which made the request, I'm curious what sort of legal argument they used to get this type of widescale monitoring approved by the FISA court.

    5. Re:Guessing the real story here by Anonymous Coward · · Score: 0

      Agreed, it's obvious what that entire public dog and pony show is about. They are placing the blame on the FBI. The way they worded it though basically breaks the gag order. Since Yahoo is going down in flames they have nothing to lose by the move. Funny thing about this move is that they didn't have to comply with it in the first place. Compliance of an illegal mass surveillance order is a choice just like anything else in life. They enabled the machinery. Head of FBI should lose his job over this. This kind of forceful scheme is illegal period. Ironic that the FBI doesn't investigate itself enough...

    6. Re:Guessing the real story here by Razed+By+TV · · Score: 1

      If I were Yahoo, and my reputation was damaged from this, and I had received a government FISA order that I couldn't talk about, then I would do exactly this same thing. I see this as similar to a canary

      Well, that would be similar to a canary if they had done it when it happened, before their reputation was damaged. Now, the damage is done, and they're just looking for someone else to take the blame for them, as opposed to trying to expose unreasonable surveillance.

    7. Re:Guessing the real story here by AHuxley · · Score: 1

      Re 'I'm curious what sort of legal argument they used to get this type of wide scale monitoring approved by the FISA court."
      It could be to contain the staff who don't really understand the FISA/FBI/NSA/NSL aspects and might walk to the media for a chat.
      It was the FBI, it was very legal. That adds domestic protections against any talking about ongoing domestic case loads to the media.
      That makes it sound like it was an everyday 24/7 ongoing operation to look for files already in the US court system by sorting everything 24/7.
      The signal to any whistleblower and wider US press is you don't get no "protections" as it was legal.

      --
      Domestic spying is now "Benign Information Gathering"
    8. Re:Guessing the real story here by Anonymous Coward · · Score: 0

      Yahoo is a rich company. Why couldn't they just pay an employee enough money under the table to live as a prince in Thaibekistan and let him reveal the data?

    9. Re:Guessing the real story here by Anonymous Coward · · Score: 0

      So how exactly does an essentially open letter stating "We don't know what our employees are doing, so please tell us so that the company wanting to buy us can have confidence in our leadership" help their situation?

  8. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  9. I know what the other hand is doing... by Anonymous Coward · · Score: 0

    At least I do if it's responding to the typical unwanted e-mail sitting in my old Yahoo account...

  10. Deal Mechanics by PeteJanda · · Score: 1

    This request is almost certainly being driven by the legal mechanics in Verizon's acquisition of Yahoo. The deal is in rough shape because of the security breach revelation, and Yahoo's bankers and lawyers likely want to go back to VZ with tangible evidence of nothing-to-see-here-folks.

    1. Re:Deal Mechanics by Anonymous Coward · · Score: 1

      They're setting the stage for when Verizon drops out of the deal they can sue the government for damages.

  11. The title is misleading by Anonymous Coward · · Score: 0

    The title is misleading. What Yahoo is asking for is that the Director of National Intelligence address some questions to clarify the matter, since Yahoo is hampered in its ability to do so. Someone at Yahoo would already know that they received an order, if one was issued. They just wouldn't be able to share that information with anybody not directly involved.

  12. AND they know the truth is better than the spin by raymorris · · Score: 2

    It sure sounds to me like they are prohibited from talking about, so to get any information out they have to ask the FBI to do so.

    ALSO this suggests they WANT information released. They could just say "we can't discuss that article". Instead, they are trying to get a copy of the order published. That strongly suggests that they believe once people see what's actually in the order, it'll be better than the speculation. Further, they calculate it'll be better *even though it'll renew interest, creating another round of news stories*.

  13. WE DONT SAY WHOM by Anonymous Coward · · Score: 0

    MAGA

    1. Re:WE DONT SAY WHOM by Anonymous Coward · · Score: 0

      No you CAN'T. Don't even try.

  14. Other things Yahoo wants to know by JoeyRox · · Score: 4, Funny

    * Why didn't we accept Microsoft's $45B offer in 2008
    * Whose erection lead to the hiring of Marissa Mayer?
    * What will we do when Verizon cancels its acquisition agreement?

    1. Re:Other things Yahoo wants to know by Anonymous Coward · · Score: 0

      can someone please mod parent up ? please ? this is so funny .....

    2. Re:Other things Yahoo wants to know by Anonymous Coward · · Score: 2, Interesting

      Ah yes, casual sexism is hilarious.

      Marissa Mayer may be a terrible CEO but I don't recall anyone asking who's cock Daryl McBride sucked to get his job and he was a damn sight worse.

    3. Re:Other things Yahoo wants to know by Anonymous Coward · · Score: 0

      Only because the majority of people are hetero.

    4. Re:Other things Yahoo wants to know by Anonymous Coward · · Score: 0

      I see. Hetero people were instead curious as to who's pussy Daryl had to grab to get his job then... Nope, don't think that's it either.

    5. Re:Other things Yahoo wants to know by Anonymous Coward · · Score: 0

      Can't say the phrasing was great, but some men do hire based on looks.

      (I'm taking the tamest interpretation on purpose.)

  15. unfair to pick on Yahoo for just obeying the law by bagofbeans · · Score: 1

    Not necessarily so.

    We don't know what the compelling paper was, whether it could be appealed, whether it was and Yahoo lost.

    Yahoo could have said that they would do it, at such a cost, or perhaps gov. would prefer an appeal instead.

  16. I'd let Marisa Meyer give me bj and make sandwich by Anonymous Coward · · Score: 0

    but she is a terrible CEO

  17. Several possibilities by PPH · · Score: 3, Insightful

    It's possible that the FBI served some middle managers with the NSL and forbade them from informing their superiors. Happens all the time with investigations. When I worked for Boeing, they were absolutely paranoid about employees being 'turned' by the feds to rat out unethical/illegal company practices. They had a corporate policy requiring any contact by gov't officials to be reported to management. But if the FBI letter says 'tell no one', the consequences could be a jail term vs just getting fired.

    It's also possible that a fake NSL was served by agents working for some foreign security service posing as FBI*. A couple of fake badges and guns and I doubt many data center admins would question the order, let alone check on it's validity.

    *Or actual FBI moonlighting for someone else. Everyone thinks Snowden was an anomaly. He was in that he went to the press with what he had. The revolving door between private company security and gov't TLAs is pretty busy. Its not unknown for some official to do a little 'research' for a future employer.

    --
    Have gnu, will travel.
    1. Re:Several possibilities by Anonymous Coward · · Score: 0

      This is an interesting take, How does one verify the authenticity of a NSL with a gag clause?

    2. Re:Several possibilities by thegarbz · · Score: 1

      It's possible that the FBI served some middle managers with the NSL and forbade them from informing their superiors.

      It's very possible that the FBI served the people who made this announcement who are still forbidden of informing anyone. Don't assume there is deniability here.

    3. Re:Several possibilities by PPH · · Score: 1

      who are still forbidden of informing anyone.

      Too late for that. They've already announced the scanning to the public. That would be a gag order violation right there. If nobody goes to jail, it's possible that it was not an authentic NSL.

      --
      Have gnu, will travel.
    4. Re:Several possibilities by AHuxley · · Score: 1

      Re 'It's also possible that a fake NSL was served by agents working for some foreign security service posing as FBI"
      Security in any corporation would usually have a few former gov workers. Such efforts would be easy to uncover. If not every other nation and competitor would be filling US server rooms with "FBI don't touch" hardware and getting raw data from the depths of US brands using actors, dot com servers, a van and a printer.
      Since the US is not full of reports to be on the look out for fake US gov staff with vans full of hardware to install, its possible that humans do look into such gov requests by calling other US gov officials they know before compliance.
      Or someone in the brand just says its real and all cleared staff are to comply?

      --
      Domestic spying is now "Benign Information Gathering"
    5. Re:Several possibilities by PPH · · Score: 1

      every other nation and competitor would be filling US server rooms with "FBI don't touch" hardware

      TFS stated that Yahoo was (apparently) requested to install 'custom software'. So, no hardware warning labels to see.

      Security in any corporation would usually have a few former gov workers.

      An idea promulgated by the Union of Federal Employees Seeking Additional Income Following Retirement (UFESAIFR).

      --
      Have gnu, will travel.
    6. Re:Several possibilities by Agripa · · Score: 1

      Break it and see if you go to jail.

  18. Re: I'd let Marisa Meyer give me bj and make sandw by Anonymous Coward · · Score: 0

    Donald? Is that you?

  19. Be a dick by fulldecent · · Score: 5, Interesting

    If it were me, I would be a fucking dick about it.

    Dear FBI, we may or may not be allow to discuss a letter we may or may not have received from you. Could you please confirm whether or not you have sent us a letter after November 2 2014 and before November 4 2014 where the first sentence of the letter was "Dear Yahoo, we are writing to you to demand your"?

    Dear FBI, we may or may not be allow to discuss a letter we may or may not have received from you. Could you please confirm whether or not you have sent us a letter after November 2 2014 and before November 4 2014 where the second sentence of the letter was "complete cooperation on maters of national security"? ...

    And all of these letters would be sent from the Yahoo Japan office.

    The long term solution is to ensure that matters of security require, by design, cooperation of multiple corporate executives in different jurisdictions. Oh you want to compel me to sign a custom operating system that breaks into one iPhone? No problem, I will cooperate, and as soon as you get our other executive in Russia to cooperate then the binary will be signed.

    --

    -- I was raised on the command line, bitch

  20. Classified by SeattleLawGuy · · Score: 1

    "And, while you're at it, could you tell Marissa where she left her car keys? She's been searching for days without any luck. "

    No this is more like the federal government orders you not to tell Marissa or anyone else where the car keys are, but you can write a very public letter asking them to do so without admitting that you haven't been told not to.

    --
    Real lawyers write in C++
  21. About time by Locke2005 · · Score: 1

    Finally, one of the prime problems with the secret orders authorized under the Patriot Act is beginning to come out: "We'd like to reassure our rapidly shrinking customer base that we no longer do this, but under the law, we are subject to arrest for saying ANYTHING about it!" Clumsy attempt to avoid legal sanctions by asking the FBI to come clean about it so they don't have to won't work because the FBI has no incentive to say anything.

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
  22. And we'll believe the DNI? by Anonymous Coward · · Score: 0

    I mean, isn't this already-caught-lying-to-Congress Director of National Intelligence James Clapper that Yahoo has asked to verify something?

    And if he denies this, why would I believe the denial?

    And if he admits it, why should I believe that, either?