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FCC Rules VoIP Must Be Tappable

Posted by timothy on Wed Aug 04, 2004 05:51 PM
from the that-brother-keeps-growing-bigger dept.
pengie2 writes "The FCC has unanimously approved the U.S. Justice Department's bid to expand CALEA to broadband and VoIP networks, according to reports from SecurityFocus and News.com. This means, following a mandatory public comment period, service providers will have to wire their networks for easy law enforcement surveillance, the way phone companies do now. The feds have wanted this for a long time." Ebon Praetor adds a link to Reuters' version, writing "In addition, the FCC has decided that the push-to-talk, or walkie-talkie, functions available on phones from Nextel should also be subject to the same tapping regulations that regular phones are."
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  • by GoClick (775762) on Wednesday August 04 2004, @05:53PM (#9884009)
    I guess me and my terrorist buddies will just have to go back to using encrypted email.
    • by LostCluster (625375) * on Wednesday August 04 2004, @05:56PM (#9884043) Homepage
      That's good enough for the spooks. See, even if you encrypt the content of your e-mail, you can't encrypt the headers. Sure, "subject" can be filled with nonsense, but the address is good enough to draw a line that says "X said something to Y at this date/time" which is still useful info in an intel puzzle...
      • Do try harder (Score:5, Insightful)

        by GoClick (775762) on Wednesday August 04 2004, @06:00PM (#9884090)
        Oh there are plenty of ways to get around that sort of stuff, besides I wouldn't think most terrorists are using one of the big 5 american ISPs atleast not on both ends.

        How about encrypt and encode your messages into images and then post them on places like fark or deviantart? Simple enough. I'm not stupid why would a terrorist be?

        How about our good friends in the government get off their lazy asses and start passing legislations that will make people hate us less not more?
        • by Anonymous Coward on Wednesday August 04 2004, @06:35PM (#9884409)
          "How about our good friends in the government get off their lazy asses and start passing legislations that will make people hate us less not more?"

          People have been hating us since the beginning. That King George was pretty pissed off. Then there's that whole Hawaii thing. Or the Phillipines. So what makes the present special?
        • Re:Do try harder (Score:5, Insightful)

          by tsm_sf (545316) on Wednesday August 04 2004, @07:29PM (#9884888) Journal
          I'm not stupid why would a terrorist be?

          The only quality that a terrorist has in spades is FANATICISM. Did Timmy McVeigh sound all that intelligent to you? Do Bin Laden's broadcasts show an analytical mind? Does the IRA really seem to have it together, organizationally speaking?

          Why then the assumption that they're magnitudes of times more intelligent than the rest of the lusers out there?
        • Re:Do try harder (Score:5, Insightful)

          by NanoGator (522640) on Wednesday August 04 2004, @07:36PM (#9884932) Homepage Journal
          "I'm not stupid why would a terrorist be?"

          To be fair, fingerprints are a well known aspect of catching criminals. Despite that, people are still busted because they left fingerprints behind.

          Think about that a bit before going into the "This is easy enouhg to bypass" rationale.
          • Re:Do try harder (Score:5, Insightful)

            by Skavookie (3659) on Wednesday August 04 2004, @06:14PM (#9884231)
            Not if you've been raised from birth to believe that the result of said action will be that you'll go to heaven and get seven virgins. What seems stupid to us is not neccesarily stupid to others, and there's probably plenty that is not the least bit stupid to us but the rest of the world sees as incredibly stupid (I'm sure you can all think of examples).
            • by PolyDwarf (156355) on Wednesday August 04 2004, @06:28PM (#9884342)
              The thing is, why would I want seven virgins?
              I'd much rather have seven porn stars.. I'm thinking that'd be much more fun down the stretch of the eons...

              Yeah, yeah, it's rude and crude. Sue me.
              • by shut_up_man (450725) on Wednesday August 04 2004, @06:59PM (#9884600) Homepage
                I think seven porn stars in the bodies of seven nubile virgins would be the optimal solution.

                Shouldn't be too much of a stretch for an omnipotent creator, either.
              • Re:Do try harder (Score:5, Insightful)

                by mcpkaaos (449561) on Wednesday August 04 2004, @08:52PM (#9885377)
                I'd much rather have seven porn stars.. I'm thinking that'd be much more fun down the stretch of the eons...


                Sure, but then you have seven women endlessly telling you how they've had bigger.
      • by Carnildo (712617) on Wednesday August 04 2004, @06:09PM (#9884172) Homepage Journal
        Steganography. Hide your message in an image posted to alt.binaries.pictures.erotica. The feds might be able to figure out that a message was sent, but they won't have a clue who the recipient was.
        • by RealAlaskan (576404) on Wednesday August 04 2004, @06:31PM (#9884369) Homepage Journal
          Steganography. Hide your message in an image posted to alt.binaries.pictures.erotica.

          You don't need stegan-what-he-said. The picture can be the message. When the picture on a webpage changes, you carry out your instructions.

          Someone is going to point out that anyone stupid enough to fly a plane into a building might have difficulty with advanced topics like steganography. Someone else is going to say that the NSA can crack it. That's all nonsense: folks have been putting a candle in the window as a signal for as long as there have been candles and windows, and the internet is a far more visible yet far less obvious way to send a signal.

          • by timeOday (582209) on Wednesday August 04 2004, @08:02PM (#9885083)
            You don't need stegan-what-he-said. The picture can be the message. When the picture on a webpage changes, you carry out your instructions.
            But your method only communicates one bit (presense or absense of the image). So how do they know what instructions to execute when they see that image? The instructions must be prearranged through some higher bandwidth medium. Ideally, that would be face-to-face communication at a time and place distant from sending the bit. But that is very limiting when you're trying to run a global jihad. You could prearrange a huge catalog of messages, but you'll still be severely limited unless you leverage combinatorics - forming something like an alphabet. But then (whoops!) you're right back to cryptography and the messages might get cracked.

            Your method is indeed hard to defeat, but mostly because it's so severely limited in expressive power.

        • by DavidBrown (177261) on Wednesday August 04 2004, @06:59PM (#9884602) Journal
          Forget posting to Usenet, post to /. as an anonymous coward, type something supporting Microsoft and attacking Linux, followed by your terrorist communication. Get modded down to -1, and most people will never see your message anyway.

          Unless it's funny. That's why Al Quaida had to stop using it's initial protocol, which consisted of references to Natalie Portman and hot grits being poured into pants.

          The number of question marks in the typical underwear gnomes joke - that's code too, if you know what it means. The frequent use of Admiral Ackbar saying "It's a trap" on www.fark.com - code. "In Soviet Russia..." jokes - not code, but that's just to throw us off.

      • by thedillybar (677116) on Wednesday August 04 2004, @06:25PM (#9884315)
        >"X said something to Y at this date/time" which is still useful info in an intel puzzle...

        But clearly not enough for their intel. The feds aren't asking VoIP companies to keep call logs that can be reviewed by subpoena. They're asking for the ability to actually tap the calls. Big difference.

      • by kfg (145172) on Wednesday August 04 2004, @06:32PM (#9884377)
        If I were a terrorist interested in using the internet to pass messages the spooks would have a hard time even knowing where to look for it amongst the noise.

        And once they'd found it, and decrypted it, they'd still be left having to crack the code.

        "Honey, could you pick up a chicken on the way home?" might mean "rent a van," "deliver the bomb now," or "Honey, could you pick up a chicken on the way home?"

        The spooks are good, I'll give them that. I'll assume they'll crack my messages. . .given time, so I just won't give them that time.

        KFG
  • Encryption anyone? (Score:5, Insightful)

    by Anonymous Coward on Wednesday August 04 2004, @05:53PM (#9884010)
    Encryption should be so much easier with VOIP, since the data is already digital...
  • by Ckwop (707653) * <Simon.Johnson@gmail.com> on Wednesday August 04 2004, @05:54PM (#9884023) Homepage
    PGP Phone. I don't care if it's law enforcement or not. I want to place a phone call in privacy and frankly I don't trust a huge organisation like the police to use their powers sparingly.

    Encryption is the way gents.

    Simon.
    • by Goobermunch (771199) on Wednesday August 04 2004, @06:21PM (#9884283)
      It's not like the FBI has an easy time of obtaining a wire tap. In fact, they've got to jump through a number of complicated hoops in order to get permission to do so.

      Under 18 USCA 2518, the FBI has to apply for a warrant from a court before it can obtain a wire tap. This isn't your ordinary search warrant either. In the criminal justice realm, it's referred to as a "superwarrant."

      There's a limit on how long the government can tap your phone for before it has to go back and re-apply. In addition, they've got to show a) the type of information the tap is going to obtain, and b) that there's no other way to get the kind of information they're looking for, other than a wiretap.

      There are a few caveats for situations involving national security, organized crime, and immanent danger of death or serious injury, but even there, the agency intercepting the wire communications has to apply for a superwarrant within 48 hours of starting the tap.

      Oh, and if they tap you, or try to get a warrant and fail, they've got to let you know within 90 days of ceasing surveilance (or of the denial of the warrant application).

      It's not like the government is running around tapping your phone lines willy-nilly.

      --AC
      • by Trespass (225077) on Wednesday August 04 2004, @06:28PM (#9884343) Homepage
        It's not like the government is running around tapping your phone lines willy-nilly.

        Look, I don't want to pander to the tinfoil hat crowd, but I'm old enough (barely) to remember the scandal that COINTELPRO under the Nixon administration caused. Basicly, the FBI was used to spy on and discredit people and organizations that were perceived as enemies of the administration. I'm not convinced things have changed enough to prevent that from happening again. Why make it easy on them?
          • by putaro (235078) on Wednesday August 04 2004, @09:12PM (#9885481) Journal
            It's been quoted to death, but you deserve to hear it again.

            Benjamin Franklin: They who would give up an essential liberty for temporary security, deserve neither liberty or security

            I would say that the "forces of security" are pretty much running free in Iraq. I'm sure they have no problems tapping whatever phone they like, surveilling who they please and Abu Ghraib showed that some use of torture was being done. This is not a state I would care to live in and neither would you in all likelihood.

            However, this is not enough to stop domestic terrorism there, is it? People are still getting their heads chopped off on a regular basis. Hussein ran the place like a prison camp and was able to keep order. We've set up a wishy-washy police state and that doesn't work.

            Increasing police powers in a mostly free state tends to lead to what Jerry Pournelle has taken to calling "Anarcho-tyranny". What is Anarcho-Tyranny? Well, basically the police have the power and the right to make any ordinary, law abiding citizen's life hell (witness the number of run-ins with the TSA of late) but not enough power or will to stomp down hard enough to eliminate terrorism, crime, etc. The police apparatus increasingly spends its time enforcing draconian and silly rules (don't take any pictures of that bridge son - http://www.brownequalsterrorist.com/artiststatemen t/ [brownequalsterrorist.com]) while failing in actually stopping real crime and terrorism.

            The police have more than enough resources and powers to fight terrorism. The lead up to 9/11 did not involve a valiant group of law enforcement agents fighting against evil, ACLU controlled judges putting legal barriers in their way. No, it involved interdepartmental politics, head office vs branch office nonsense, head in the sand denial and would not have been prevented with more wire-tapping.
      • W-R-O-N-G (Score:5, Informative)

        by Safety Cap (253500) on Wednesday August 04 2004, @07:00PM (#9884612) Homepage Journal
        USA PATRIOT ACT, section 214-216 [ratical.org] means that the boys in the black sedans don't even need to prove jack in order to tap your arse--all that is required is signoff from a govt. attourney. Oh, and you are prohibited from finding out if they've tapped you (unlike in the olden days) until they haul your yellow self off to one of their reeducation centres.

        Hope you feel safe, 'cause if you gave up all those rights for ... whatever it was you got, then you just got angloed down, mi amigo.

        • Re:W-R-O-N-G (Score:5, Interesting)

          by Wateshay (122749) <bill.nagelNO@SPAMgmail.com> on Wednesday August 04 2004, @08:26PM (#9885239) Homepage Journal
          Not to say you're wrong, or that those things aren't in the Patriot Act (which I have some serious concerns about), but I read the sections you linked to, and I don't see what you're saying is in there. Could you point out sections/rules/items, where it says that the government's burden of probable cause for getting a wiretap is lowered (well, ok, it does take away some of the international terror requirements on investigations of non-citizens) or where the requirement to get a judge's signature for a wiretap is removed? I'm not saying it's not there, but I read it and I don't see that. It also seems like the gag rules on telling people about wiretaps are fairly limited in scope, too, and require someone to show a compelling reason to a judge, and provide for annual Congressional oversight of each and every gagged wiretap.

          I've been a fairly vocal critic of the Patriot Act, and have a lot of major concerns about it. I'm having a hard time getting all that worked up about what I read in that link you provided, though. If everything in the Patriot Act is really that tame, I'm going to go so far as to say that my worries were mostly unfounded.

          Of course, I didn't read through the link with fine scrutiny, so I will allow that I may have missed or misread something, but if I did, I'd be very interested to hear what it was.
          • Re:W-R-O-N-G (Score:5, Insightful)

            by WindBourne (631190) on Wednesday August 04 2004, @08:58PM (#9885413) Journal
            This is exactly what the patriot act is about. If you think about it, it allows the feds to examine all wired transactions as well as all databases belonging to whoever they want. The interesting part about this, is how many terrorists would be dumb enough to use our systems in the clear. Keep in mind, this was geared towards Al Qaeda. Ronald Reagan approved the CIA training that we gave the Bin Ladin and ilk to take on the USSR in afghanastan. Now, he uses that same education against us. Part of that education teaches that you either
            • use the local system by encoded(encrypted) in a different way.
            • use a different means of communication.
            Al Qaeda has been using human carriers as well as encoding into messages on the internet with switching prearranged e-mail addresses. For all intense purpose, we have no means of tracking them. And the feds know that. Patriot act was not intended to be used against terrorists. Good example is that Ashcroft promised many times prior to pat I that it would only be used against terroists. Then to help push pat II, he made the argument that it had been used against a number of drug pushers, rapists, etc. Ok, so these are bad people. But how soon does it get used against everyday citizens. My guess it about 2.5 years, about 1 month after it was passed.
      • by Yojimbo-San (131431) on Wednesday August 04 2004, @07:13PM (#9884746)
        It's not like the FBI has an easy time of obtaining a wire tap.

        But, as the First Circuit Appeals Court have recently ruled, store/forward data is not covered under wiretap regulations, so your example is invalid. See http://yro.slashdot.org/article.pl?sid=04/06/30/20 14242&tid=158&tid=123&tid=95&tid=1 7 [slashdot.org]

        Oh, and if they tap you, or try to get a warrant and fail, they've got to let you know within 90 days of ceasing surveilance (or of the denial of the warrant application).

        Unless it's Patriot-related, in which case you'll never know. And it'll *all* be Patriot-related, won't it?
    • Another issue too. (Score:5, Interesting)

      by einhverfr (238914) <chris.travers@gmail.com> on Wednesday August 04 2004, @06:55PM (#9884579) Homepage Journal
      We are only talking about centralized networks. This is not likely to pertain to or be enforceable regarding decentralized or private networks. So if my company has a voip tunnel with another company then it all works well.

      Why can't someone and his criminal buddies just set up a SIP-based VOIP channel between them and encrypt the traffic? Seems safer that way....

      Or better yet-- there are areas where VOIP would be *required by law* to be encrypted, such as between doctors discussing information protected under the HIPAA act.
  • by temojen (678985) on Wednesday August 04 2004, @05:57PM (#9884048) Journal

    Immigration Canada [cic.gc.ca]

  • by Zan Lynx (87672) on Wednesday August 04 2004, @05:58PM (#9884065) Homepage
    What's going to happen as voice service becomes more and more decentralized? What about Skype? AIM? Streaming ogg files over a SSH tunnel or IPsec?

    What about open source VoIP packages? Is anyone who sets one up suddenly a "provider?"
  • by yotaku (26455) on Wednesday August 04 2004, @05:58PM (#9884067) Homepage
    Does voice chat over AIM / MSN messanger need to be tappable yet? How long till they go after this.

    Is it illegal to write a small voice chat application with some encryption without a backdoor for the feds?

    I'm sorry but there is no way to stop people from comunicating privately over the internet if they want to. Its a losing battle, thats costing companies that do fine work, such as VoIP far too much money.
  • by HBI (604924) <pelander@e y e m ud.com> on Wednesday August 04 2004, @06:00PM (#9884084) Homepage Journal
    ...which in this case is the VoIP provider. For example, let's say you have Vonage - the taps would occur there. They aren't going to bother sniffing packets, they're going to tap the stream at the CO, same as they would do with a landline.

    Ditto for Nextel's PTT stuff.

    Of course, you could use a VoIP provider that is based outside the US. That is going to present a problem for law enforcement.
  • by SPYvSPY (166790) on Wednesday August 04 2004, @06:00PM (#9884089) Homepage
    Listen, there's no question that bad people are going to exploit digital technologies to tragic ends. (If you have a shred of doubt about it, read this [newyorker.com]excellent article on how terrorists use the Internet to develop more and more insane ideologies and strategies.)


    Nevertheless, we also have a compelling public interest in keeping Big Brother from using the backdoor to enforce stuff that goes beyond keeping the peace and encroaches on our fundamental (and hard earned!) liberties.


    The bottom line is that blocking all law enforcement access to these technologies is going to cost people their lives, but letting the pigs sniff around where they don't belong is going to ruin everyone's life. This is just another balancing act in the giant circus we call a democratic society.

    So, rather than moaning about one side of this argument or another, doesn't it make sense to focus on getting just the right sweet spot in between?

    • by Tackhead (54550) on Wednesday August 04 2004, @06:25PM (#9884314)
      > The bottom line is that blocking all law enforcement access to these technologies is going to cost people their lives, but letting the pigs sniff around where they don't belong is going to ruin everyone's life. This is just another balancing act in the giant circus we call a democratic society.
      >
      > So, rather than moaning about one side of this argument or another, doesn't it make sense to focus on getting just the right sweet spot in between?

      There is no sweet spot.

      Technology levels the playing field. Technology is an equalizer. A little over a century ago, "God made all men. Sam Colt made them equal." Today, most democracies and representative republics, even the US, have gun control.

      If you and I can encrypt our conversations using a microphone, a computer, some Free client-side software, and some TCP/IP packets, then so can the bad guys. We're all potential providers of VOIP service. ("When outlaws have strong crypto, all crypto ends up outlawed!" :)

      In an age where technology equalizes citizen adn terrorist, there's no balancing act to be had: Choose - security or liberty - because you can't have both.

      So we bring out Ben Franklin - fine. But it's been three years. The people have spoken, and made it pretty clear that they neither want nor deserve either liberty or security.

      And if the job of a representative is to respond to his constituents' wishes as best as he can, then our reps are doing a pretty good job of it: Deny liberties to all, and protect the security of those whom they can protect. (Namely themselves and their future lobbyist careers. But it's better to see that secure than nothing secure. :)

  • by LostCluster (625375) * on Wednesday August 04 2004, @06:02PM (#9884115) Homepage
    This keeps coming up here on /. whenever the FCC talks about "VoIP". They're not talking about all computer-to-computer peer-to-peer realtime audio connects, they're talking about VoIP services that result in a network of people you can "dial" that more or less resemble a phone network. It's those that they're regulating and basically putting on the same playing field as existing phone services.
  • Get used to it (Score:5, Interesting)

    by juggledean (792527) on Wednesday August 04 2004, @06:13PM (#9884222) Homepage Journal

    The police will get a warrant with your name on it and take it to your ISP and tell them to tap your VoIP traffic. Your ISP will recognize it the same way your receivers client recognizes it. If it's encrypted the police will know you are using encryption. If your worth enough to them, they'll crack it.

    They've had it all along for the landlines, there's no reason to think they'd change their mind at this juncture.

  • Criminal Privacy (Score:5, Insightful)

    by ComputerInsultant (722520) on Wednesday August 04 2004, @06:17PM (#9884256)
    If you criminalize privacy, only criminals will have privacy.
  • by OldHawk777 (19923) * <oh10101&comcast,net> on Wednesday August 04 2004, @06:19PM (#9884276) Journal
    Why zero-value ... well when you are using a dedicated (real/virtual) circuit/channel, then wire tapping is no/little problem. However, encrypted virtual channel VoIP may not be easily tapped, and (I suspect) there are a few ways to very the path/packet. So, if you don't/can't tap the access/origination circuit and/or the destination termination, then .... VoIP in a sort of encrypt-jumping and path-hopping algorithm may be a little tough to tap.
    >
    Then again there is always PGP encrypted P2P ... pick your path through 37 points/jumps and you use radio-protocol (the Rogere-Wilco-Out stuff) for the time delay problem.
    >
    Controlling Technology is like fucking without a condom ... you might catch something horrible or there is a pregnant pause ... in technology innovation.
    >
    I am sure this will help monitor the common law abiding citizens. Just like Gun-Control keeps guns away from criminals and their organizations.
    >
    Then again maybe the above ain't no problem to tap. We should all always know that we are being monitored for the good of the nation and blessings of god.
    >
    OldHawk777
  • by freelunch (258011) on Wednesday August 04 2004, @06:27PM (#9884338)
    I recently experienced some serious drop-out problems with my VoicePulse VOIP service.. So I decided to take some packet dumps and see what I could determine with ethereal.

    Well, the protocol analysis was excellent. And, sure enough, the dump of the data produced an audio file easily played with XMMS. I was shocked at how easy this was (and once again at how good ethereal is). I no longer have any illusions of privacy due to the 'obscurity' or complexity of the protocols.

    So, next time your VOIP provider plays dumb over drop outs, give them a protocol analysis and an audio record of the problem.
  • by Saeger (456549) <farrellj@@@gmail...com> on Wednesday August 04 2004, @06:28PM (#9884345) Homepage
  • by Proudrooster (580120) on Wednesday August 04 2004, @07:08PM (#9884686) Homepage
    To summarize the past 48 hours of news:
    • The government should be able to secretly listen into all your voice communication and can do so via the Patriot Act.
    • The FCC will allow you to share freely available digtal TV shows with up to 9 friends with a TiVo as long as the shows are encrypted and use a cumbersome key system.
    • Fair Use copying of copyrighted DVD's is illegal.
    • Munich stopped deployed Linux because of "Patent Concerns"
    • The NTSB want's "black boxes" in all cars.
    • Your employer owns all your thoughts.
    • All the Euro countries and Australia are caving-in, errr, I mean harmonizing to screwed up US copyright and patent laws.
    • Microsoft is getting on the Patent train. (Just as ESR predicted)
    • Even with all this fussing and fighting over technology, the best anyone could do in the Darpa Grand Challenge (2004) was to get an unmanned vehicle to travel 7 miles through the desert before crashing or catching fire.

    Is anyone else out there starting to get angry? How long until the Deparment of Homeland Security implants RFID chips in our necks? How long until employees are forced to get their employer's logo tattooed on their face after changing their last name and waiving all of their human rights in the employment contract.

    Geeez..... what kind of America are we living in?

    America, previously land of the free, now home of the Corporate controlled puppet government run by lawyers with the best healthcare taxpayer money can buy.
  • Immunity for None (Score:5, Insightful)

    by CristalShandaLear (762536) on Wednesday August 04 2004, @09:41PM (#9885604) Homepage Journal
    I wonder how many slashdotters are black?

    Black people have always known that our rights are revokable. It seems to me that only when it starts happening to white people that small things like "civil liberties" get to be a problem.

    I expect this post to be marked troll or flamebait at best, but it's truly not meant to be that way. It's just the way I see the world because my husband doesn't even tell me how many times he gets pulled over by the police anymore. It's a routine occurence, not worth notice anymore.

    Our church group is decidedly anti-Bush. I think most black folks are, despite the photo-op pics you'll see everywhere. Anyway, we had police officers taping our services now again because our preacher speaks out against the corrupt politics in our city and nation.

    There is no need to protest because no one in authority cares and is probably behind it anyway. We simply did the next best thing and got a local cable station to air our services. No more police, they can just set the VCR now.

    I see young men get harrassed by the police and their pockets turned out because their skin is dark. I know better than to go to the movies with a large purse or maybe even a purse at all on a crowded weekend day, because no matter how large the white woman's purse in front of me, mine will be the one to be searched.

    As far as I can see, white people for too long have thought they were immune from this type of thing. It's probably not even the slashdot crowd. It's be the parents and the grandparents of the slashdot crowd.

    I saw a post earlier here that asked, who will begin the revolution? I think it will begin right here.
    • by Aadain2001 (684036) on Wednesday August 04 2004, @06:05PM (#9884138) Journal
      Last time I looked into the statistics, the FBI (or was it the CIA?) released some basic statistics about their phone tapping activities (such as how many, reasons for taps (such as drugs), etc) and they listed the number of times they encountered encrypted taps (it wasn't a very high percentage). What shocked me was the line that said the encryption never prevented them from listening to the conversations. So all this talk about encrypted VoIP is probably just a waste of time. Why do you think the NSA finally stopped pressuring the government to classify strong encrypting as a weapon (and thus limited by export laws) around 2000? Do you think it was because they had a change of heart, or that they figured a way to crack pretty much any encryption (PGP included) and no longer worry about losing control? I'm thinking the latter is more likely. So, when VoIP becomes common don't expect PGP et al to protect you from a snooping government. It will probably keep your neighbor from listening, but that's about it.
      • by dmaxwell (43234) on Wednesday August 04 2004, @06:37PM (#9884431)
        I seriously doubt the government has some uber-leet technology that lets them crack any encryption. Encryption can do two things and two things only.

        1. Encryption can secure a communications link. Properly used Alice can talk to Bob with reasonable protection from Eve tapping the link halfway between them.

        2. Encryption can secure stored data. Properly used, Alice could protect the files on her keychain should Eve filch it out of her purse.

        Encryption will not:

        1. Secure the ends of a link. If Eve physically installs a keylogger in Alice's keyboard then it doesn't matter what crypto she uses. Come to think of it, the old saw applies: all bets are off if an attacker has physical access to a terminal.

        2. Preclude treachery and incompetence. Law enforcement may have threatened the other end of your link who is letting them see everything in return for light treatment. A while back, NPR ran a story about police officers who took over a kiddy porn website and roped in a pile of customers. Encryption doesn't help if the other end of the conversation isn't who you think it is. Maybe the other side left his passphrase taped under his keyboard. "Rubber-hose cryptanalysis" is what they call it when the police starting leaning on you.

        3. Prevent the government from taking an interest in you. Certain uses of it may even draw their interest. Staying out of view of larger predators is often the best defense.

        4. Conceal the existence of the link. Often the government only needs to prove Alice talked to Bob on 7/24/02 at 3:24p.

        5. Somewhat OT but something else encryption doesn't do: Allow Alice to share data with Bob while simultaneously preventing Bob from divulging it to Eve. Both #1 and #2 apply. Bonus points if you understand what this scenario applies to.

        What this all boils down to is that encryption is largely ineffective against old-fashioned police work. It is also worth noting that Al Queda and others are notorious for using low-tech communications and isolated organizational cells. Don't give those hunting you terminals and only the minimum in physical links to play with. If you're a criminal, try to work alone if possible and keep your mouth shut. If you are a crook or a terrorist, communications are the least of your problems. Your partners in crime and your own mouth are far more dangerous.
          • by Carnildo (712617) on Wednesday August 04 2004, @06:32PM (#9884383) Homepage Journal
            That's what you've been taught. That's what you've learned. That's what you've been led to believe.

            What makes you think the government doesn't have some technology you can't even fathom?


            If they were that far ahead, I'd be writing this from prison.
          • by KjetilK (186133) <kjetilkNO@SPAMcomputas.com> on Wednesday August 04 2004, @07:31PM (#9884901) Homepage Journal

            What makes you think the government doesn't have some technology you can't even fathom?

            How science works. It consists of open, institutional critisism by qualified peers. The larger the community, the more people can and will contribute critisism.

            In a world where this does not exist, it will invariably lead to many bad ideas, ideas that are not abandoned. Even though you may recruit the best brains on the planet, they are still just humans, and they can't perform without this critical component of how science works.

            That's why I'm pretty sure that no major breakthroughs will happen in secrecy.

            Smaller breakthroughs, OTOH, can happen in secrecy. It is conceivable that Shor's algorithm will be implemented on a secret quantum computer, but only after the civil society has done most of the work. They will certainly try.

            Just take a look at the most hefty project we know was done in secrecy: Manhattan Project. They had the best brains. Still it was not very fundamental science, and many of the participants got bored out of their minds. It was definately not technology I can't fathom.

    • by Catamaran (106796) on Wednesday August 04 2004, @06:30PM (#9884359)
      As the cliche goes, if you're not a criminal, you have nothing to worry about. If you're paranoid, I'd guess you shut up anytime a cop comes within hearing distance.

      It's not paranoia. These days people are being arrested [thenation.com] for carrying anti-Bush signs.

    • by johne_ganz (750500) on Wednesday August 04 2004, @08:26PM (#9885233)
      I know this will upset the /. gang,

      Possibly. But since you seem to acknowledge that a given population has a contrary view point, do they have a valid reason?

      but I have no problem with the FBI being able to monitor conversation between criminals.

      Sure. I'd venture that on a pure principle level, most people don't.

      The problems usually begin with what "criminal" means. The ones who write the law have a pretty good idea of how they want the law to be used, and at the start everyone thinks it's a super idea. "Criminal" is written pretty broadly, trying to cover "the bad guys".

      As the cliche goes, if you're not a criminal, you have nothing to worry about. If you're paranoid, I'd guess you shut up anytime a cop comes within hearing distance.

      Later on, however, the enforcers would really like to make use of this provision because it's pretty potent. So the definition of "the bad guys" shifts a little through any number of legitimate means, such as changing the scope of what a criminal is to adding new crimes that fall under the original scope.

      Then, a set of events takes place and all of the sudden it's really bad to be a "terrorist". And a terrorist is sort of loosely defined, but definitely someone who is against "the state" and what it represents, using any and all means at their disposal, including disinformation and propaganda.

      Do we have a right to privacy? Sure. Do we have a right to keep criminal conversations private? No. Is this subject to abuse? Sure. Will we be abused by criminals who conspire in private? Of course.

      What's a "criminal conversation"? Because history assures us with countless examples that those who make the decision on what a "criminal conversation" is rarely do it with YOUR best interests in mind.

      Is discussing with other like minded individuals your displeasure with the current George W. Bush administration and planning activities to educate the public on the facts and what they can do to kick him out of office a "criminal conversation"?

      Want an example? The PATRIOT act, which did away with such minor things like habeous corpus (considered by many to be the cornerstone of our justice system and made no one above the law, one of the fundamental checks and balances ) and passed to deal with "extraordinary threat" in these "extraordinary times"..... being used for a copyright case. [slashdot.org] Legislation that bypasses most of the fundamental US Constitutional rights would NEVER be applied to anything frivolous.

      Given the choice between giving criminals the freedom to conspire in private or the ability of the FBI to wiretap criminals, I've no problem opting for the former.

      This is the beauty of the whole thing right here. Trivial means in the form of encryption exist that totally negate any benefit law enforcement would gain from such legislation. Most likely, these days, all the necessary tools exist on your computer right now (openssl).

      The only people that this would be of assistance against are... well, idiots. Since you know you're going to be discussing things of particular interest to law enforcement, and they have the means to intercept it, it's in your interest to encrypt your communications. So, from a practical sense, the only information you're going to get out of this is that two people spoke to each other which is useless in court.

      So... now what? We now have a system in place that's capable of catching none but the most utterly incompetent criminals and can be abused by the government against law abiding citizens.

      I know! Let's outlaw encryption. That'll learn 'em.

      In any case, the net is a public place. Nothing there is private.

      This seems to be particularly specious reasoning. By the same token I can say that the entire planet is a public place, ther