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FBI Wants Authority To Filter Net Backbone

Posted by kdawson on Fri Apr 25, 2008 12:11 PM
from the say-please dept.
Dionysius, God of Wine and Leaf, writes "There are places where criminal activity is centralized: the backbone hubs located in hosting facilities across the country. All of the Internet's activity, legal and illegal, flows through these 'choke points,' and the feds, of course, are already tapping those points and siphoning off data. What Mueller wants is the legal authority to comb through the backbone data, which is already being siphoned off by the NSA, in order to look for illegal activity."
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  • Next on his list (Score:5, Informative)

    by davidwr (791652) on Friday April 25 2008, @12:13PM (#23199758) Homepage Journal
    The legal authority to block anything he can't read.

    I would say "Welcome to Soviet America" but the feds have had the "we can do what we want in the name of protecting the country damn the Constitution" attitude off and on since the 1700s.
    • by gstoddart (321705) on Friday April 25 2008, @12:23PM (#23199892) Homepage

      The legal authority to block anything he can't read.

      What, like French? Or just something tedious like Stephen King? ;-)

      Cheers
    • by khasim (1285) <brandioch.conner@gmail.com> on Friday April 25 2008, @12:35PM (#23200056)
      Old system - the duly appointed authorities had to SUSPECT you of a crime ... and get sufficient evidence to convince a disinterested 3rd party (a judge) that there was a need for a warrant.

      New system - skim through the LEGITIMATE transactions of EVERYONE hoping to find something criminal or actionable or ... just something you want to read about someone. Stalking ex's. Harassing people who do not respect you enough. Getting some info on that cutie you saw at the grocery store.

      Fuck that.
      • Re:Next on his list (Score:5, Informative)

        by 1lus10n (586635) on Friday April 25 2008, @05:37PM (#23203622) Journal
        That works when there is a utopian zen type balance.

        That doesnt exist. They have the guns, money and data needed to control everything. Try building a private army to resist and see what happens.

        We were given these rights, and people sacrificed more than you know defending these rights. Now we are flushing it all away for security (not a new concept) god (ditto) and 'protecting' the kids/grandma/your sister. (that one is kinda new).

        In the good old days (retarded statement) there would have been bloodshed over something like this, and that is where balance would have been achieved. Revolutions are not fought and won in a voting booth.
  • by hackstraw (262471) on Friday April 25 2008, @12:14PM (#23199770) Homepage

    will they pry my private encryption key passphrase.

  • Back around the turn of the millennium, the U.S.'s monitoring of Internet traffic was a big topic of discussion on the Internet, spurred on by James Bamford's Body of Secrets [amazon.com] and the European Union's report on ECHELON facilities. Except for some of us Slashbots, the public seems to have lost interest in this troubling phenomenon.
  • What if their combing leads me to a brush with the law? It could get hairy....
  • by MikeRT (947531) on Friday April 25 2008, @12:18PM (#23199838) Homepage
    Who sees that this could become a huge regulatory nightmare in the coming years for software developers [codemonkeyramblings.com]? This will only be effective so long as either the public continues using mainstream protocols for most activities, and the protocols that the FBI wants to monitor don't get changed or replaced on a regular basis by those who don't want to be monitored. The eventual outcome, IMO, besides the obvious privacy, constitutional and financial issues involved in this would be a bridge between this mandate, the data retention mandate and CALEA causing all providers of IT products to comply to make their products easy for law enforcement to monitory, going so far as to outlaw the deployment of software that is capable of evading surveillance.
  • FY. (Score:5, Funny)

    by Pahroza (24427) on Friday April 25 2008, @12:19PM (#23199842)
    I for one DO NOT welcome our evil packet sniffing overlords.
  • by FranTaylor (164577) on Friday April 25 2008, @12:19PM (#23199850)
    Small steps, seemingly innocuous in and of themselves, but taken together, result in a total subversion of the intent of the founders.
    • by oodaloop (1229816) on Friday April 25 2008, @12:49PM (#23200258) Homepage
      Couldn't agree more. Unfortunately, that is the minority opinion in my workplace, the intelligence community. Most of my coworkers seriously believe that wiretapping and this kind of internet monitoring are fine, since they're not doing anything wrong. And as a rule, they really aren't. To work in the intelligence community, and I'm sure to a similar degree in the law enforcement community, you need a clean background to get a clearance. Most of us, myself included, have absolutely no criminal background, no history of drug use, no financial problems, no foreign contacts, etc. For these types of people, intrusion on their lily-white lifestyles doesn't seem that big a deal, and I felt the same way for a while.

      But it's the slippery slope that bothers me. When we put up no fight for these small losses of privacy, what will we do when the larger ones come along? How de we roll back the intrusions once they're made?
  • Remind me again... (Score:5, Insightful)

    by InvisblePinkUnicorn (1126837) on Friday April 25 2008, @12:21PM (#23199864)
    Remind me again how any of this falls under the umbrella of rights protection with which the government was originally charged.
  • by EllynGeek (824747) on Friday April 25 2008, @12:22PM (#23199884)
    Why is it so easy to trash the Constitution and Bill of Rights, and so hard to put them back? What a bunch of assholes. They must have had the words "probable cause" surgically removed from their brains.
  • Too Late (Score:5, Insightful)

    by bhima (46039) * <Bhima,Pandava&gmail,com> on Friday April 25 2008, @12:23PM (#23199906) Journal
    You have to know if the Feds are asking, it's because they are ready are doing.

    Which also means they never stopped the Total Information Awareness (TIA) Program or Echelon, the NSA worldwide digital interception program or Carnivore, the FBI US digital interception program.

    Man, I bet they've got petabytes of freaky porn by now.
  • by sm62704 (957197) on Friday April 25 2008, @12:26PM (#23199954) Journal
    Yeah, and I want to get laid and every five year old wants a pony. Unluckily for me and the five year old, however, the FBI is the only one likely to get their wish.

    There are places where criminal activity is centralized: the backbone hubs located in hosting facilities across the country.

    Yes, they'll solve all those murders, rapes, assaults, robberies, and other violence by monitoring the backbone.

    While you're at it, why not tap all our phones and open all our postal mail as well? Hell, walk on into everyone's house looking for evidence of criminal activity! Why not?
  • by fahrbot-bot (874524) on Friday April 25 2008, @12:30PM (#23199988)
    What Mueller wants is the legal authority to comb through the backbone data...

    e'll-Way ust-jay se-uay ode-cay.

  • by QCompson (675963) on Friday April 25 2008, @12:41PM (#23200126)
    The problem I see with all these discussions of privacy vs. evil child porn is that there is no way to independently verify how big of a problem child porn on the internet really is.

    The FBI would have you believe that it is a huge problem worth drastically expanding surveillance powers over. Yet compared to the 70s, when (afaik) there was legal child pornography being produced and sold, what is the production rate for this type of material today? Are there really any child pornography sites on the internet where people can pay to download child porn? (please no links)

    I also worry that the focus of law enforcement's "war on child porn" is shifting from the visual depiction of young children actually engaged in sexual activity with adults, to (1) pictures of naked children not engaged in sexual activity, and (2) material that is made by teenagers themselves. The original intent of having an exception to the First Amendment for child pornography is being distorted. This is especially true when you consider that CGI child porn that is virtually indistinguishable from the real thing is illegal to possess (thanks to the PROTECT Act), and that people are being arrested for pasting pictures of children's heads on naked adult bodies: http://www.theledger.com/article/20080418/BREAKING/453898235 [theledger.com].
  • I do not know in my right mind how, it became permissable for George Bush to undermine civil liberties in the same way that we always argued it was wrong for Democrats to do.

    Liberty and Freedom do not care about political affiliations and political parties. If a federal practice is wrong, it is wrong regardless of which party does it. If we do not want Hillary Clinton or Barrack Obama or Bill Clinton reading our e-mail, then we should not tolerate George Bush or John McCain doing it either. Doing so only undermines the very essence of the rule of law and the fabric of our democracy. It is the totalitarian regime that justifies itself through personality, not the free one.

    We conservatives have many differences with our fellow liberal americans and we always will. However, the very thing that makes us American, the idea, as Jefferson said, "We are endowed with certain inalienable rights ... To secure these liberties, governments are instituted among men", is under assault and in the name of a rival that frankly is not nearly the equal of the rivals that we have faced in the past. We overcame the British Empire to secure our independence. We fought the Barbary Pirates, our own Civil War, Imperial Germany, and Nazi Germany, and then put our cities on the nuclear firing line against the dark stain of Communism... and we NEVER once entertained turning America into a land of checkpoints and identity requests.

    What is going on now in our country is madness. America is not supposed to be a place where guys with machine guns are walking around train platforms, asking if you have a driver's license with federal approved features. America is not supposed to be the place where the government collects data on all of its citizens.

    Yeah, the muzzies blew up the world trade center, and its sad that those people died. But, the British burned our nation's capital to the ground, the Germans sunk the Lusitania, the Japanese bombed Pearl Harbor and captured an army of 80,000 men of ours. We've been attacked before and we'll be attacked again, and what makes America special is that we keep our freedoms, rather than surrender them.

    There's a million dead soldiers rolling over in their graves because we have so easily surrendered every freedom they fought for. It's an insult to them, to our national heritage, to turn our country into some sort of crappy police state because a few muslims with box cutters give us the willies.

    Support those candidates, regardless of party, that promise to end the Dept of Homeland Security, promise to repeal the USA PATRIOT ACT, and join me in a call for a Constitutional Amendment that bars the Federal Government from intercepting any electronic communications within its borders, unless it can prove before a court that those communications are with another nation with which the USA might be in a state of war.
    • by FranTaylor (164577) on Friday April 25 2008, @01:09PM (#23200590)
      You speak for all of us, my friend.
      • by Strange Ranger (454494) on Friday April 25 2008, @02:12PM (#23201522)
        Beginning with the sentence on the madness in our country, I completely agree. But previous to that there seems to be s blind swipe at the left...

        Most of the "new liberties" we've all gained in the last 100 years have come from the liberal side (think womens suffrage, almost the entire civil rights movement, the right to show belly buttons on TV, etc etc etc), along with most of the original liberties that have been protected (think ACLU, anti-discrimination, unions, free speech, separation of church and state, etc etc etc) The Democrats guilt comes mainly from their nanny state problem. The rights they've taken away are the right to not use a car seat or a helment, the right to keep unregistered loaded firearms under our carseats etc. Overall I think the balance has been a positive one.

        Contrarily, the biggest most important rights that Republicans / conservatives were supposed to protect were States Rights with a small Federal Government. Republicans have not only failed miserably at this, but they've done a complete about-face. If any party has been the Big Brother party over the last 70 years or so, it's been the Republicans. Can anyone reasonably deny that?

        So please don't swipe at the Democrats because you have to wear a seatbelt and can't put a Nativity Scene in front of a public firehouse. That's the pot calling the microwave-safe plate black.

        Beginning with the sentence on madness, I completely agree with him. And I'll add that we need to jettison the current party system and re-do it. We disagree so strongly on the past, but it seems (hopefully) that there's more and more bipartisan agreement on our future.
    • by daigu (111684) on Friday April 25 2008, @01:33PM (#23200952) Journal

      Support those candidates, regardless of party, that promise to end the Dept of Homeland Security, promise to repeal the USA PATRIOT ACT, and join me in a call for a Constitutional Amendment that bars the Federal Government from intercepting any electronic communications within its borders, unless it can prove before a court that those communications are with another nation with which the USA might be in a state of war.

      Which candidates would that be? Ron Paul? Dennis Kucinich? Maybe two or three of the candidates running for Congressional seats? The problem is that none of the major party candidates are running on that platform. As you correctly suggest, the two major parties have become opposite sides of the same coin, two wings of the same party.

      No, the problem is in thinking that electoral politics is going to solve our problems. It isn't. It is fine to use it as a tool, but we also need to understand that the ballot is our weakest weapon.

  • >> "There are places where criminal activity is centralized..."

    Yes there are. The White House, NSA, Dept of Homeland Security.
    • Rule of Law. (Score:5, Insightful)

      by gnutoo (1154137) * on Friday April 25 2008, @12:19PM (#23199848) Journal

      I want my country and constitution back. These people have a lot of nerve to ask me for money to be able to read my private papers and correspondence.

      • Re:Rule of Law. (Score:5, Insightful)

        by Reziac (43301) * on Friday April 25 2008, @12:25PM (#23199938) Homepage Journal
        As an 1800s newspaperman once said, "Some of them have but one redeeming feature, and that is a colossal gall."

        Consider how different things would be if whenever the gov't wanted money, they had to come begging, hat in hand, rather than simply demanding and taking it as they presently do. Any highwayman can do that much -- and would probably spend it more rationally as well. :/

        How'd I put it last week? Something like "Taking from one: theft. Taking from many: taxes."

      • Re:Rule of Law. (Score:4, Interesting)

        by truthsearch (249536) on Friday April 25 2008, @12:29PM (#23199984) Homepage Journal
        It's not so bad that they ask. What's worse is our representatives usually give them what they want. Or when they take what they want illegally our representatives don't do anything about it. I blame Congress as much as anyone for our constitutional crisis.
        • Re:Rule of Law. (Score:5, Insightful)

          by perlchild (582235) on Friday April 25 2008, @12:55PM (#23200364)
          I find it also fascinating that if you presented this in non-internet terms, the citizens would be up in arms.

          "We want to film every major turnpike 7/24 so we will always have pictures of infractions when there is one that's commited." They already have for info, so don't need a warrant either, and since the legal status of a backbone done will be needlessly tangled, I'm sure they'll have no trouble getting it classified as a public place. Now encryption would to me, be considered whispering in a public place(so protected speech) but somehow, I doubt that's how the story'll go.
          • by Ungrounded Lightning (62228) on Friday April 25 2008, @02:32PM (#23201746) Journal
            I find it also fascinating that if you presented this in non-internet terms, the citizens would be up in arms.

            Here's another example that might be more obvious to the ordinary citizen:

            "There are places where criminal voice communication is centralized: the telephone switches located in central offices across the country. All of the telephone network's activity, legal and illegal, flows through these 'choke points,' and the feds, of course, are already tapping those points and siphoning off the signals. What Mueller wants is the legal authority to comb through the content of all the telephone calls, which are already being siphoned off by the NSA, in order to look for illegal activity."
      • The basic problem is people have been letting the Federal government overstep it's Constitutional boundaries because they liked what the government was going to do. For example, the FCC seems like a perfectly reasonable government agency. The airwaves do need oversight,otherwise it becomes an unusable mess. However, unless you are stretching "interstate commerce" to the breaking point, the Feds do not have the legal authority to get involved. A Constitutional amendment is needed to make this legal. Since my example is in a gray zone, I have a better one. Department of Education. No where does the Constitution mention a single word about education. That was always considered a local issue. Education was handled by the city or county. You can't even stretch "interstate commerce" to cover education. Therefore, everything the Department of Education does is illegal. Period.

        Some people want Federal intervention. Fine. Get a damn amendment passed.

        I believe at least 90% of what the Federal government does exceeds there Constitutional authority. If we could somehow get the Constitution enforced, we could shed a whole lot of government fat. There'd be a big pile of useless bureaucrats looking for honest work, but that's their problem. I understand there's good money to be made picking lettuce in California.
        • Vote and Organize. (Score:5, Insightful)

          by gnutoo (1154137) * on Friday April 25 2008, @12:48PM (#23200234) Journal

          Get the word out and vote. Real change comes from knowledge. The Republicans are going to be run out of Washington on a rail but that won't matter if their replacements don't enforce the Bill of Rights. Vote for people who get it at every level of government, regardless of party affiliation. Write the representatives you already have and tell them what you think. People like RMS already have political action notes [stallman.org]. Join or form your own civic group to get the word out and organize effective rights defense. There will always be people who attack your rights because it makes their lives easier but everyone is always better off when rights are protected. Make noise and the right kinds of things have a chance of happening.

          • by witherstaff (713820) on Friday April 25 2008, @01:25PM (#23200826) Homepage

            Sadly it's not just a Republican or Democrat issue. The Patriot act, communications decency act, etc were all pretty bi-lateral. The Bush administration have clawed their way to a lot of executive privileges and trampling of rights, far more than any other president. However the Congress hasn't done much complaining. Where are the changes the Dem's promised when they took back the house?

            There are a few individuals who are good on privacy and the rule of the constitution. This election cycle I can think of Paul (R) and Kucinich (D) as candidates who didn't get the attention they deserved since they weren't soundbite only types of people. Upholding the constitution doesn't seem to be generally a popular topic for people when they vote.

            The EFF [eff.org] and EPIC [epic.org] are good places to visit regularly, especially EPIC's bill track.

          • by FredFredrickson (1177871) * on Friday April 25 2008, @01:32PM (#23200938) Homepage Journal
            I just don't feel like voting and writing are going to do me any good. What we need is a bribe (Read: lobbying contribution) to get congress to go in the right direction (towards, not away from, the constitution).
          • by sm62704 (957197) on Friday April 25 2008, @01:51PM (#23201236) Journal
            Get the word out and vote

            Well, neither the Democrats nor the Republicans care about your rights and liberties, and the corporate media are going to continue to brainwash the public into thinking a vote for a Green or Libertarian is wasted, even though my opinion is that a vote for a Republican or Democrat is a vote for someone who wants me in jail, which is worse than a wasted vote.

            When I vote, I'm aware that I tilt at windmills, but if I don't I can't see where I have much of a right to bicth about it.

            As long as the corporates rule, plutocracy will reign and "freedom" will be meaningless.
          • Act and Organize. (Score:4, Insightful)

            by Jesrad (716567) on Friday April 25 2008, @03:12PM (#23202300) Journal
            Or better yet: don't waste your time voting and instead start acting like the original Constitution still applied, everyday. Take measures not to be caught at it of course, but encourage your friends and family to stop giving the law and the gov'n'ment credit where it deserves none. Start building the world you wish to live in, by living as if it was there already and inviting other people to join in. You don't have any rights if you don't use them, but the corollary is true too.
        • by truthsearch (249536) on Friday April 25 2008, @12:24PM (#23199916) Homepage Journal
          Backbone operators are unlikely to block encrypted data. That would bring down things like VPN and HTTPS which their corporate clients need. Even if they were selective in which encrypted data they block, there will be mistakes and workarounds. Encryption is still a good way to go, even if we had large mesh networks.
          • by PopeRatzo (965947) * on Friday April 25 2008, @01:24PM (#23200814) Homepage Journal

            Backbone operators are unlikely to block encrypted data. That would bring down things like VPN and HTTPS which their corporate clients need.
            True, but I could definitely see them blocking any encrypted data that doesn't have a duly licensed commercial entity on one end. The wheels of commerce need to keep turning, of course.

            But, since there is some illegal activity among the billions of data transactions online, law enforcement (specifically, the Executive Branch) insists on having access to all data.

            I'm certain that some of the cars zooming down I-80 across Chicago are involved in some illegal activity. Does that mean that every car should be stopped and searched? It's possible that in one of the houses or apartments on my block there is something illegal to some extent going on. Should the FBI have open access to all the residences then?
            • by unlametheweak (1102159) on Friday April 25 2008, @01:46PM (#23201122)
              That reminds me, I once had a (few) interviews with an "off shore" (and a rather large multi-billion dollar) bank (I never got the job, but it came damn close). They never marketed themselves as an "offshore" bank, but the more questions I asked during the interviews it became apparent. One question I asked about the bank's history is that they evolved from various European banks and financial industries during the Nazi era to elude government (Nazi) interference. To this day this bank (and I'm sure many others) are still active in keeping the flow of cash moving. When it all comes down to the bottom line money talks. History and more specifically economics will show that creating artificial barriers to commerce (however illegal that commerce may be) will never work.
            • by Original Replica (908688) on Friday April 25 2008, @02:23PM (#23201636) Journal
              I'm certain that some of the cars zooming down I-80 across Chicago are involved in some illegal activity. Does that mean that every car should be stopped and searched? It's possible that in one of the houses or apartments on my block there is something illegal to some extent going on. Should the FBI have open access to all the residences then?

              Just yesterday, there was the sentiment expressed that hunting pedophiles should trump privacy. [slashdot.org] At one time that post was up to +4 insightful. Slashdotters tend to be very protective of online privacy rights, far more so than the average American, I suspect that the reasoning expressed in that post would have appealed strongly to most Americans. So all that needs to happen to make this go forward to for someone to say that the FBI tap is needed to stop the pedophiles and it's a done deal. Anyone who opposes FBI internet filtering is a child rapist. Any private citizen using encryption is a baby touching terrorist.
            • But we have to be protected against those profit stealing, copyright infringing terrorist supporters and them evil child molesters! Seriously,the completely unashamed power grabbing we have been suffering through for at least a decade and a half really makes me sick. At least in the old days they would TRY to keep up the suspension of disbelief and let us think they worked for us. And of course the mainstream media will claim this is a good thing and be all for it.


              It is rapidly reaching a point where we'll all be afraid of what we say and do on the net for fear it'll go in our little yellow folder in some government office and used against us when we dare go against the group-think. How sad is it when we are rapidly approaching the day when our world behaves like that joke from Airplane II "Four alarm fire make way for GLORIOUS new tractor factory!". No matter how offensive and disgusting the power grab the media will be touting how great it is for us and most of the country will go along with whatever the TV tells them to. But that is my 02c on the subject,YMMV

        • by Intron (870560) on Friday April 25 2008, @12:44PM (#23200170)
          "the backbone operators can just just block encrypted data."

          Email message:

          Here's my vacation photos

          a whole lot of mime-encoded binary that might have
          a legal-looking jpeg header at the start.

          How are they going to filter this exactly?
        • by iamacat (583406) on Friday April 25 2008, @12:45PM (#23200192)
          If they are able to distinguish between encrypted data and JPEG images, the encryption used is seriously flawed.
        • by unlametheweak (1102159) on Friday April 25 2008, @12:56PM (#23200376)
          You make assumptions. Backbone operators won't block anything that stops commerce, and yes the bad guys will use the protocols and encryption methods that the good guys are using if they need to.

          Also, by "backbone" the slashdot article writer was also being presumptuous. The FBI director was talking about stopping bad guys at their "choke point", and Ars Technica gave their own interpretation of what he meant by candidly assuming he meant an Internet backbone (or "hub"). Yes the US government can and does access these hubs (illegally perhaps, that is something the courts may not have the executive power to decide). The FBI also presumably wants access to the information that the NSA does (talk about information sharing between disparate government agencies!). Alas, however, a "choke point" could very well just mean the initial spotting (or IP address, gateway, etc) of a botnet virus that could be garnered from more liberal eavesdropping laws. Let's not make assumptions (in the article topic) and take them as is.
          • by techpawn (969834) on Friday April 25 2008, @12:46PM (#23200196) Journal

            Who is we?
            We the People
                • by _KiTA_ (241027) on Friday April 25 2008, @12:56PM (#23200384) Homepage

                  George Walker Bush

                  Richard Bruce Cheney

                  Larry Edwin Craig



                  Oh, you wanted pictures, too. Okay. How about this one [indymedia.ie]? The big banner says it all.



                  The people who have the most to fear from this are the politicians. After all, if the FBI can snoop it, guess what will inevitably follow? One word: Net-Watergate. Your political enemies won't cave in to your demands on that anti-terrorism bill? Threaten to expose that they visited hot-young-underage-nymphos-with-bags-over-their-heads-and-bushy-underarm-hair.com on twelve separate occasions in the last year.



                  Yikes.

                  Or just claim they did. Remember, anything digital can be faked.