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Net Taps Without Warrants? 474

disappear writes "In the wake of yesterday's threats to cryptography, more ominous news: Wired News reports that a bill permitting warrantless Internet surveilance has been passed by the Senate." This is just part of the expected and unfortunate backlash from tuesday. The terrorists are winning simply because the govt. can use their threat as a blank check to take away our rights. The worst part is that this will do no good whatsoever. Does the govt really think that crypto export restrictions have prevented terrorists from having strong crypto?
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Net Taps Without Warrants?

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  • Backdoors. (Score:5, Insightful)

    by TheFlu ( 213162 ) on Friday September 14, 2001 @06:22PM (#2300706) Homepage
    Yeah, so all new versions of encryption software are gonna have to include backdoors so government officials will be allowed access if they need it. Great idea, but uhm, who exactly is gonna make the terrorists all upgrade to the new version?
    • Plus, with OSS based crypto, you can just edit the backdoor out.
      • ...which would mean that all OSS programs are automatically outlawed.

        This is a bill just as much against Open Source or Free Software as it is against crypto. What's even worse (if it can get worse) is that personal development could be outlawed unless you sign an agreement not to share your source or similar. Maybe even a 'programmer' license, with only licensees being allowed near a compiler.

        /Janne
        • ...which would mean that all OSS programs are automatically outlawed.

          Possibly. I think it would be damn near impossible to prevent people from getting OSS crypto, not that they wouldn't try to stop it anyway
        • Re:Backdoors. (Score:2, Insightful)

          by Alien54 ( 180860 )
          If I recall right, each war the US has fought in, such as WWI, and WWII, has resulted in some reduction of Rights that were not returned after the war.

          I would need to research the details for specific examples.

      • Re:Backdoors. (Score:4, Insightful)

        by istartedi ( 132515 ) on Friday September 14, 2001 @06:45PM (#2300843) Journal

        The counterpoint to that is that they can detect whether or not your data is encrypted. If it's encrypted, they'll decrypt it, and if they can't decrypt it, they've got you on a violation for not using back-doored software.

        The counter-counterpoint to that is to just use the backdoored software, but to encrypt what you send through it (2 layers).

        Then technicly you are not violating the law. So, if they are stupid enough to pass this law maybe they are not smart enough to consider the possibility that the "plaintext" is not really plaintext.

        If they bring you up on charges of nothing other than not using backdoored software, then you know that they decrypted your messages. If that required a warrant, you could get the case thrown out on that technicality alone. Not requiring a warrant makes that defense impossible. I have not had time to digest the bill, but it appears to be written so that they would have to justify that it was in the interest of national security for them to know what you said to your aunt Martha.

        Of course, the real terrorists will also use the backdoored software, but they will stego everything they send through it. Well, here on Slashdot, it's almost a truism that these laws don't work... would that it were the same in the larger world.

        • Re:Backdoors. (Score:2, Interesting)

          by gweihir ( 88907 )
          The counterpoint to that is that they can detect whether or not your data is encrypted. If it's encrypted, they'll decrypt it, and if they can't decrypt it, they've got you on a violation for not using back-doored software.
          The counter-counterpoint to that is to just use the backdoored software, but to encrypt what you send through it (2 layers)


          Or send some true random data or claim that was what you sent. It is almost impossible to distinguish hard crypto without headers from true random data. It is impossible to distinguish an one-time-pad encrypte message from true random data.

          Would that mean that creation, possession and transmission of random data would also be outlawed? Possession of a dice or a coin get you sent to prison for "owning illegal munitions"?
    • Government officials will use only lawful software, which has backdoors built in. And terrorists will use unlawful software to open the backdoors in the official software.
      • Government officials will use only lawful software

        Oh, if only that were true, then maybe would have a chance at "mutual transparancy" as described by David Brin. Here is an exerpt of his book [wired.com] from Wired. Brin says either we can have the government watch us and we are oblivious to what they do, or we can watch each other, and demand full accountability from the government. I fear that the government WOULD NOT be using the backdoored software. They would defend it in the interest of "national security" and sadly, most people will simply accept the fact that they are restricted to backdoored software while the government has full access to heavy crypto.

    • They can only enforce this for encryption software in the US.

      Terrorists will be able to leaglly use encryption Outside the U.S. to do their planning.

      There are other ways to send secret messages. I could post three goatsex trolls plus a Martian to signify message #14. A terrorist previously in a closed room could have memorized item 14 to be Redmond at dawn.

      • Outside the US, many governments will happily use this pretext to spy on their citizens. The UK has a long and dishonourable history of using terrorist attacks to extend state powers.

        And countries that don't do what the US wants will be accused of habouring terrorists. I doubt you'll see the EU questioning Echelon any more, for example. And my own home is unlikely to want the US Pacific Fleet to turn up.

        In fact, the main beneficiary of all this are US intelligence and millitary organisations. Poof, no moew hard questions about echelon, or Carniovore. Why you'd want to give more power to the very agencies who've not only failed to protect US Citizens, but actually funded and trained bin Laden is beyond me.

        If I were a conspiracy nut, I'd start to wonder if the spooks staged the whole thing.

    • Who exactly (Score:5, Interesting)

      by roystgnr ( 4015 ) <roy&stogners,org> on Friday September 14, 2001 @07:07PM (#2300944) Homepage
      who exactly is gonna make the terrorists all upgrade to the new version?

      Simple: The FBI is, when they knock on the terrorist doors.

      If your computer is caught sending packets that are labeled (e.g. GPG headers) as encrypted, your computer will either be bugged to get your password or seized to search for plaintext secrets. In theory, this will allow terrorists to be subjected to legal scrutiny while they are still conspiring about acts of terrorism but before those acts are committed.

      In reality, it won't work that way:
      • Steganography will defeat this. Perfectly compressed data looks like white noise, and the amount of white noise speeding around the internet as pornography alone (where I have already seen it speculated that terrorist messages have been exchanged, in low order bits) is billions of times greater than the amount of data terrorists need to exchange. Will the government replace the internet by something that proxies every webserver , P2P network, and email with a watermark-scrambler?
      • Codes will defeat this. Forget the "little black book" codes, where "picnic" => "New York City" and "ants" => September. Imagine codes where your choice of synonyms in an email supplies a bit or two per word, and a few CD-Rs of one time pad data (yes, I've heard terrorists occasionally meet face to face!) supply an effectively unlimited amount of unbreakable encryption even against those who figure out the synonym code.
      • Those CD-Rs will make the steganographic watermarks undetectable, as well - maybe PGP output can be distinguished from random noise somehow, but a one-time pad's output can't.
      • Let's not limit those face-to-face meetings to passing CD-Rs, either. There was nothing about this attack that was difficult, just unthinkable. They didn't need videoconferencing to pull it off, just a few conferences in rooms without hidden mikes!

      In otherwords, we're giving the government authority to review every law abiding citizen's digital communications, without judicial oversight (the FBI had your email, and you're going to take their word for it that nobody, with or without official permission, looked at it?), and without impairing the ability for lawbreakers to engage in undetected low-bandwidth communications (and you don't exactly need to videoconference to plan a terrorist attack) at all.

      Did I miss anything?
    • If it comes to this just use the software with a back door! Just encrypt your already encrypted data in it! It wont flag anyone untill they are after you.
    • Maybe the idiots who post all of these trigger words (i.e. bomb, coup, iraq), really did screw up echelon. otherwise you think they would of caugh something like this. Maybe those arabs were using smoke signals? for those that don't know what echelon is:Echelon is perhaps the most powerful intelligence gathering organization in the world. Several credible reports suggest that this global electronic communications surveillance system presents an extreme threat to the privacy of people all over the world. According to these reports, ECHELON attempts to capture staggering volumes of satellite, microwave, cellular and fiber-optic traffic, including communications to and from North America. This vast quantity of voice and data communications are then processed through sophisticated filtering technologies. This massive surveillance system apparently operates with little oversight. Moreover, the agencies that purportedly run ECHELON have provided few details as to the legal guidelines for the project. Because of this, there is no way of knowing if ECHELON is being used illegally to spy on private citizens HERE IS THE LINK: http://www.echelonwatch.org/
    • I hope not (Score:5, Interesting)

      by einhverfr ( 238914 ) <chris...travers@@@gmail...com> on Saturday September 15, 2001 @03:39AM (#2302171) Homepage Journal
      Back when DES was being developed, the NSA helped make it secure-- but under the condition that the key length was reduced from 64 bits to 56 bits (which the NSA at the time probably could crack through brute force if they REALLY had to).

      The problem with backdoors is that the terrorists might get access to them too, or enemy nations, etc. Or even criminals. Just think, with these master keys, they could eavesdrop on e-commerce transactions protected with SSL and steal credt card numbers...
  • by Tattva ( 53901 ) on Friday September 14, 2001 @06:22PM (#2300710) Homepage Journal
    This bill is quite limited in its scope, allowing only 48 hours to tap without approval and only for immediate threats to "National Security."

    Many civil liberties are restricted during threats to "National Security." Ever heard of martial law and curfews?

    • by shanek ( 153868 ) on Friday September 14, 2001 @06:24PM (#2300720) Homepage
      Yes, and each time the Supreme Court has ruled on them, they've been declared unconstitutional.
    • Whats martial law have to do with National Security?

      This country has never had martial law declared.
      • Not true. Abraham Lincoln did so, and the courts found that he violated the Constitution in doing so.
      • You need to research the less talked about sides of government more. Martial law is comparatively limited and applies mostly to the use of military personnel to enforce public order. The president can instead issue a declaration of National Emergency per the National Emergencies Act and ALL constitutional rights as related to the emergency go away including the First Amendment and Habeas Corpus. To keep up with what is and is not a National Emergency, check the Federal Register.
    • It's scope is more than before. This will be added to further bills with "limited scope" ultimately resulting in far greater scope. Any additional destruction of liberty, however small, is equal indication of the terrorist's victories.
    • Circumstances that don't require court orders include an "immediate threat to the national security interests of the United States, (an) immediate threat to public health or safety or an attack on the integrity or availability of a protected computer."

      I wonder if "an attack on the integrity of a protected computer" could conceivably include technological access controls on a copyrighted work?

      • I'd assume it would be interpreted as in the Computer Fraud and Abuse Act, 18 USC 1030 [cornell.edu], which pretty much defines it as cyberspace breaking and entering. This would not include acts done with the authorization of the owner of the computer, so it wouldn't apply to DMCA style restrictions.

        I am not a lawyer, contact one for legal advice.
    • by camusflage ( 65105 ) on Friday September 14, 2001 @09:46PM (#2301464)
      In reality, it's bad. It's not TOTALLY bad. There are SOME protections in place. From the amendment:

      (2) EXPANSION OF EMERGENCY CIRCUMSTANCES.--Section 3125(a)(1) of that title is amended--

      (A) in subparagraph (A), by striking ``or'' at the end;

      (B) in subparagraph (B), by striking the comma at the end and inserting a semicolon; and

      (C) by inserting after subparagraph (B) the following new subparagraphs:

      ``(C) immediate threat to the national security interests of the United States;

      ``(D) immediate threat to public health or safety; or

      ``(E) an attack on the integrity or availability of a protected computer which attack would be an offense punishable under section 1030(c)(2)(C) of this title,''.
      Yes, this is scary stuff. Pay attention to section (E) and you'll see that it only refers to those crimes which 18USC1030(c)(2)(C) applies. From that section:
      (3)(A) a fine under this title or imprisonment for not more
      than five years, or both, in the case of an offense under
      subsection (a)(4), (a)(5)(A), (a)(5)(B), or (a)(7) of this
      section which does not occur after a conviction for another
      offense under this section, or an attempt to commit an offense
      punishable under this subparagraph; and
      Now, let's go looking at (a)(4), (a)(5)(A), (a)(5)(B), or (a)(7), for those of you with clean sheets (if you don't have one, you're hosed, as pretty much anything under 18USC1030 gets punished under (c)(2)(C) if you're a repeat offender, as the other portions of (c)(2)(C) point out):
      (4) knowingly and with intent to defraud, accesses a protected
      computer without authorization, or exceeds authorized access, and
      by means of such conduct furthers the intended fraud and obtains
      anything of value, unless the object of the fraud and the thing
      obtained consists only of the use of the computer and the value
      of such use is not more than $5,000 in any 1-year period;
      (5)
      (A) knowingly causes the transmission of a program,
      information, code, or command, and as a result of such conduct,
      intentionally causes damage without authorization, to a protected
      computer;
      (B) intentionally accesses a protected computer without
      authorization, and as a result of such conduct, recklessly causes
      damage; or
      ...
      (7) with intent to extort from any person, firm, association,
      educational institution, financial institution, government
      entity, or other legal entity, any money or other thing of value,
      transmits in interstate or foreign commerce any communication
      containing any threat to cause damage to a protected computer; shall be punished as provided in subsection (c) of this section.
      Note that (a)(5)(C) was specificially excluded:
      (C) intentionally accesses a protected computer without
      authorization, and as a result of such conduct, causes damage;
      Subtle shading between (a)(5)(B) and (a)(5)(C), but the key is recklessly causing damage versus simply causing damage.

      Essentially, going item by item, if you
      (4) Steal from (ie,
      intent to defraud),
      (5)(A) 0wN,
      (5)(B) Cr4cK, or
      (7) trade data for money
      then you're open to this, according to the law . Now, all the white hats, and an overwelming majority of the grey hats, can likely agree to these conditions. That being said.. There are enough loopholes here to drive a truck through, and I doubt that prosecutors will take the full time to research those specific sections of 18USC1030 which this newfound power would allow them to use. Three cheers to the first person who beats the "slam dunk" case because a prosecutor got a little too zealous in their wiretap and blows the chain of evidence right at the start.

      Now, let's look at what this law does NOT cover from 18USC1030. Let's kick it first with (a)(2) and (a)(3).
      (2) intentionally accesses a computer without authorization or
      exceeds authorized access, and thereby obtains -
      (A) information contained in a financial record of a
      financial institution, or of a card issuer as defined in
      section 1602(n) of title 15, or contained in a file of a
      consumer reporting agency on a consumer, as such terms are
      defined in the Fair Credit Reporting Act (15 U.S.C. 1681 et
      seq.);
      (B) information from any department or agency of the United
      States; or
      (C) information from any protected computer if the conduct
      involved an interstate or foreign communication;
      (3) intentionally, without authorization to access any
      nonpublic computer of a department or agency of the United
      States, accesses such a computer of that department or agency
      that is exclusively for the use of the Government of the United
      States or, in the case of a computer not exclusively for such
      use, is used by or for the Government of the United States and
      such conduct affects that use by or for the Government of the
      United States;
      Wait a second... You can hack (without the non-judicial wiretap, though you're still fux0red under existing law) BANKS, THE GOVERNMENT, AND ANYTHING ELSE, so long as you're not under (a)(4), (a)(5)(A), (a)(5)(B), or (a)(7) as well.

      Even further, under (a)(6), also not covered under the Anti-Cyberterrorism amendment, you can keep trading passwords (without the non-judicial wiretap--again, you're fux0red under current law though).
      (6) knowingly and with intent to defraud traffics (as defined
      in section 1029) in any password or similar information through
      which a computer may be accessed without authorization, if -
      (A) such trafficking affects interstate or foreign commerce;
      or
      (B) such computer is used by or for the Government of the
      United States;
      In all, it's pretty bad, but they could've done worse. If you give ANYONE the legal authority to wiretap without judicial oversight, you're giving a monkey a loaded revolver. In this case, however, the monkey's more likely to shoot itself than it is to shoot you.

      ObDisclaimer: I am not a lawyer, but I play one on Slashdot.
  • by Anonymous Coward
    I'm truly saddened to verify how much the Dubya adminstration is owned by Microsoft, but there's no escape from reality: Osama Bin Laden is Bill Gates in disguise. If you have any doubt, do this: open any Microsoft Word document, and type New York's initials in capital letters: NY, then change the font to "Wingdings". This is better done with a large font size, 24 point or larger.
  • by Whyte Wolf ( 149388 ) on Friday September 14, 2001 @06:25PM (#2300725) Homepage
    Sadly the acts that the terrorists took part in on Tuesday were very much conventional warfare, in that it was likely planned and executed through a cell-structure, and with conventional 'weapons' (ie non-NBC).

    I wonder if the Internet was used heavily in this action, and if it would be used heavily by such groups in the future. we all know the security issues involved with using technology (and read that as a privacy issue as well). Its been reported that bin Lauden doesn't use cel phones or other wireless devices any more to keep the US from triangulating or tapping in on his communications. Much as I hate to admit it, these people arn't stupid. Tapping the internet without warrants won't keep them from communicating, they'll go to other methods less easy to tap.

    Meanwhile we loose a bit more of our own liberty. There is the first lesson, and likely the terrorist's first victory.

    • Great point. An article [www.cbc.ca] at CBC News quotes experts saying that the U.S. has invested in technology for spying while the French and Israelies have invested in human spies, the latter being much more effective.

      Passing a bill to allow for unwarranted searches strikes me as being another reaction made by leaders who weren't born to lead.

    • I have read that bin Ladin and others use encrypted radio/satellite phones. Like those little portable things the military uses. I've also read he's used some stego on the internet to communicate long distances (like maybe to his associates here in America).

      Anybody know exactly how these terrorists use encryption and the internet?
    • I wonder if the Internet was used heavily in this action, and if it would be used heavily by such groups in the future.

      This article [msnbc.com] talks a little about bin Laden's use of technology, and this article [humanunderground.com] in particular mentions the NSA's efforts towards listening to bin Laden in the past.

  • by catseye_95051 ( 102231 ) on Friday September 14, 2001 @06:26PM (#2300730)
    Anything that is truely our **rights** in a constitutional sense will be protected by the supreme court.

    The congress will push, the courts will push back, and life wil lgo on as it has in the US.

    I get the feeling a significant cross section of slashdot just likes to run around hystericly like the sky is falling.

    • by startled ( 144833 ) on Friday September 14, 2001 @06:37PM (#2300797)
      A lazy man's paradise, right? You can just sit back, not worry about your Constitutional rights, because they'll all be protected for you.

      That's dead wrong, and life does not just go on as usual for many people in the U.S.. You obviously need to brush up on your history, as an immediate example comes to mind: the Espionage Act of 1917. Passed in support of WW1, it horribly abridged freedom of speech. People were thrown in jail with extremely long sentences for such things as writing communist literature, and one man was beaten to death after being arrested under it. Here's [schoolnet.co.uk] the best web page I could find on it in short notice, but I recommend heading down to the library and finding a good history book.
  • PGP Links... (Score:2, Informative)

    by Anonymous Coward

    MIT PGP Link: http://web.mit.edu/network/pgp.html

    International PGP Link: http://www.pgpi.org/


  • by cOdEgUru ( 181536 ) on Friday September 14, 2001 @06:27PM (#2300736) Homepage Journal
    Civil liberties are most affected at times like this - when the majority are affected by some sort of crisis or bloodshed. This move would work for a month or an year, till FBI or the Govt is successful in rooting out this evil. At the end of it they would claim Carnivore helped them bring these criminals to justice, the same way Patriot missiles were at first claimed to have a 90% success rate, where as later it was found that the success hits were much much below the previously claimed numbers.

    Similarly FBI and the Govt would use Carnivore in a similar way, touting its use among the people without deriving anything valuable out of it. And when the war against Bin Laden is over, they would turn it on us, the people. By then, it would be too late. Any efforts to revoke Carnivore would never win, as the Govt would be quick in pointing out that its needed to prevent further bloodshed, and the Congress would happily send Carnivore on its way.

    Civil Liberties have been trampled on the ground once again and theres nothing we can do about it right now. Lets stand on the sidelines and watch, for now.
    • by asmithmd1 ( 239950 ) on Friday September 14, 2001 @06:36PM (#2300788) Homepage Journal
      Hello constant state of war. "We have to take these actions but only until we win the war."

      "1984", author George Orwell, 1949, ISBN 0-679-41739-7

      Winston could not definitely remember a time when his country had not been at war...war had literally been continuous, though strictly speaking it had not always been the same war. The enemy of the moment always represented absolute evil.
    • I think you're right generally. While there is nothing we can do in all likeliehood it is still important we peacefully raise our voices in calm dissent. And continue to speak freely, even if we are the ones in internment camps this time.

      What I find especially unfortunate is the ossification of thought this shows in our government. We seem to be stuck with decades old ways of coping. Clamp down on the press and dissent generally. Wage conventional warfare. Dehumanize your enemy. If they consider encryption backdoors and warrantless searches an important part of our protection it reflects a huge error in judgement, or an intentional power grab, not sure which is worse.

      Let's hope they use better thinking, or have better motives for the other things they do in our defense. I am not hopeful.
    • Civil liberties are most affected at times like this - when the majority are affected by some sort of crisis or bloodshed. [...] At the end of it they would claim Carnivore helped them bring these criminals to justice [...]

      This is the part I don't get. The governments of democracies in the western world do have sophisticated intelligence-gathering apparatus at their disposal, be it Carnivore, Echelon or whatever. Legally or otherwise, I don't think anyone's kidding themselves that the governments are not using this stuff. And yet, they failed to spot the most damaging terrorist attack in history. That can lead to only one conclusion that I can see.

      Spyware doesn't work.

      That being the case, I find it incredible that supposedly democratic nations are proposing to do more of this stuff, even without accounting for the immense cost to civil liberties that increase represents. When you consider that cost as well, it's beyond contempt. Are they not then giving up their fundamental values, the very things those terrorists want to undermine?

      It is tragic that so many people died this week, and my heart goes out to their loved ones. It will be even more tragic if the wrong lesson is learned, and their deaths are for nothing.

  • Any evidence? (Score:5, Insightful)

    by Baba Abhui ( 246789 ) on Friday September 14, 2001 @06:28PM (#2300743)
    Is any representative of the FBI or of Congress presenting any evidence at all that the Internet was an indispensible part of the attack on Tuesday?

  • It seems that the idea here is that the network is different from other, more traditional communication networks (telephone, fax, mail, newspapers, etc). I don't see that much of a difference, and I would like our legislature to tell us why the net should be treated differently. Not that they will, but its a nice thought.


    Which brings me to the next idea. Could a constitutional defense be brought up against this law? If you need a warrent to tap phones, and a warrent to open someone's mail, why should the networks be any different? While our lawmakers might not ask this question, a good lawyer might be able to make a judge ask them.


    Until then, PGP and SSH. Encryption will save the day. The only problem is with protocols that don't have encryption (a lot of the IM's I use since that's what the majority of the people I communicate use, IRC (with some exceptions), simple webbrowsing, etc. There are hacks for some of these, but not all of them. The net is insecure, and the bullies out there include our government. What can we do to harden our defenses?

  • by Heem ( 448667 )
    Write your senators. NOW.

    List of Senators and Contact info [senate.gov]

    • Write your senators. NOW.

      I doubt you'll get much of an audience. I know in reality restricting encryption won't make any difference as encryption is widely available outside the US but after what happened, the so-called "intelligence" community has been perceived as having their dicks in the wind when this was going down. Now they are trying to save face. What they really need to concentrate on are the gaping holes in aviation security as well as more thorough scrutiny of those entering North America. Soliciting the cooperation of Canada and Mexico will be essential.
    • by Once&FutureRocketman ( 148585 ) <otvk4o702@@@sneakemail...com> on Friday September 14, 2001 @06:54PM (#2300884) Homepage
      Already did it. Here's a generic version of the letter I am writing. It is intentionally short and non-specific -- customize it to discuss the issues that concern you.



      Dear XYZ,

      Like you, I am aggrieved at the tragic loss of life resulting from the horrendous events of Sept. 11. Every American has been touched by this trauma which will linger forever in the memory of our nation.


      Though I want to see the perpetrators of these acts brought to justice, I must beg you not to compromise American civil liberties in your pursuit of justice. The loss of American citizens' ability to move and communicate freely would be a greater casualty than the thousands killed Tuesday morning.


      Benjamin Franklin said that those who give up necessary liberties for security deserve neither security nor freedom. I must echo his sentiment. Do not allow our sacred rights of freedom of speech, association or movement to be abridged in the coming days of difficult choices. America's enemies hate us precisely because we are a free and open society, and they fear the potential that that represents. Do not give them the victory they cannot themselves win by destroying the core of our society, our beloved liberties.


      God Bless America,

  • by jeffw ( 101006 ) on Friday September 14, 2001 @06:31PM (#2300757)
    Follow these links to read the Text of the Hatch-Feinstein "Combating Terrorism Act of 2001" [politechbot.com] and the floor debate [fas.org] over the amendment.

    Sen. Leahy (D-VT) and Sen. Levin (D-MI) are the only ones asking for restraint and thought before bulling forward with this amendment to the Commerce, State and Justice appropriations bill (which is sure to pass).

    • The ammendment is actually surprisingly layman-readable. It appears that most of it is fairly straightforward stuff; telling various government agencies to carry out studies to see what they should do to help out with their corner of combatting terrorism. Those parts should be relatively noncontroversial.

      It gets a bit more interesting toward the end, where they appear to be ammending existing rules for wiretaps. Unfortunately, because those parts are mostly adding phrases to existing laws it's a bit tougher to follow, but it looks as though most of what they're doing is adding language expanding existing rules about phone taps to network taps. That bit should also be relatively uncontroversial, because existing rules for phone taps are fairly strict. The part that's really bad is at the very end, where they expand the rules for when authorities are allowed to use taps without judicial review. I'm always very worried about laws that negate important rights in "Emergency Circumstances"- the description of when the special rules are in effect. Even worse, the circumstances are fairly vague. What exactly constitutes "immediate threat to the national security interests of the United States" or "immediate threat to public health or safety"? Those both provide a lot of wiggle room.

    • Sigh. As soon as the shock wore off, I began to think: How long before Feinstein, Hatch and the other power-lusters in Congress would start dancing on the graves of Tuesday's victims in order to further their own poliical agendas?

      Now I have an answer. Less than 72 hours.

      Write your Representative [house.gov] and your Senator. [senate.gov] Compose a well-reasoned letter and urge them to NOT trample on the freedoms of the People of America. This bill is simply a facade of terrorism detection plastered over a first step in the abolishment of the 4th Amendment. It will affect only the law-abiding citizens of this country instead of the ones it is being promoted to target. Funny how Hatch and Feinstein have a history of that, isn't it?

      I live in Indianapolis, and I will spend a goodly amount of time this weekend composing a letter to Senator Richard Lugar. [senate.gov] The Representative for my District is Julia Carson. I will also write to her as well, but she has spoken out against the Bill of Rights during her campaigning, so I am afraid I will be speaking to an enemy of the American people.

      ANY law that is a blow against the freedoms of the people is a success for those who would destroy freedom, including terrorists.
  • As I said [slashdot.org] the WTC attack will be used to usurp our rights. They only have to say i>"threat" and our rights are gone. At least with a judge, there is/was a safeguard.
  • by Soko ( 17987 ) on Friday September 14, 2001 @06:36PM (#2300794) Homepage
    I'm a Canadian, but I think I owe much of my freedoms to the country south of the border. As such, I get antsy when the US government starts doing things like this. Even though she's a Canuck too,Catherine Ford's [canada.com] column in today's Calagry Herald is right on the money - and directly applicable to this exact situation. I found this passage especially relevant:

    It needs to be a response other than the one from those whose moral certitude is comfortably centred in a God of vengeance and a God of choosing sides, those who elected to scold the United States for its lack of backbone, its lack of moral fibre and its lack of security.


    Our neighbour is none of that. It is not lax, it is free. It is not godless or without morals.

    It is a democracy. And its internal security is as much as should be demanded of a country that prides itself on honouring the rights of its citizens before the nation's obligations and any government's right to deny freedoms.


    I'm hoping that one of my USian friends put this in front of the right sets of eyes. Let freedon reign.

    Soko
  • You call the judge up at 3AM, explain what you are doing, and have him fax it to you.

    Or maybe you keep federal courthouses staffed with at least one judge with a security clearance 24x7, if its so important.

  • by GeneralEmergency ( 240687 ) on Friday September 14, 2001 @06:38PM (#2300801) Journal


    "They that can give up essential liberty to obtain a little temporary safety
    deserve neither liberty nor safety."

    - Benjamin Franklin, Historical Review of Pennsylvania, 1759.

  • As the war on drugs and various other zero tolerance policies and similar idiocracies proved, the true enemy of the government are within. The citizens are the ones that are a target of every government in the world, be it the eastern or western block or the 3rd world countries or the middle east countries. Its same all over.

    Even the terrorists get more respect and care from the government than their own citizens. Recent support of US for Chechna conflict that was supported by the same Osama bin Laden who is said to be behind the recent attacks and the same one who was trained by CIA for a terroristic actions against superpower (at the time Russia invading Afghanistan).

    These terroristic attacks are merely an excuse of the government to leverage more laws in the war on its own citizens. Before you will think about oppresion, just think about the number of people who sit in the jail for completely harmless crimes. If smoking pot is so dangerous, why the tabaco smokers (much worse drug) are not serving even longer terms? I bet they would, if half of the legislators would not be heavy smokers of tabaco themselves.

    The government will not prevent terrorists from having strong cryptography, but thats not the goal, they can always bomb them afterwards in the worst case. And these attacks help them get through more anti-citizen laws. (DMCA, SSSCA, anyone?) Its the citizens that need to be watched at every steps and no warrant wiretapping and backdoor in avg. Joe's crypto is exactly what every police state needs.

    The internet is actually showing in last years how much is government trying to be in control and that there are not many differences between how US and Russia govt. operate after all. They need to do something about it FAST. Expect more soon. I can see the zero tolerance policy against any use of cryptography in near future.
    If you have anything to hide, you are criminal!

    Enjoy!

  • The TRUTH! (Score:2, Insightful)

    by Anonymous Coward
    The foreign policy of the US is a mixture of cynicism, brutality and
    irresponsibility. Washington has pursued a course that has inflamed
    the hatred of large sections of the world's population, creating
    an environment in which recruits can be found for bloody terrorist
    operations. In rare moments of candor, foreign policy specialists have
    acknowledged that the actions of the United States provoke hatred and
    the desire for retribution. During the Balkan War, former Secretary of
    State Lawrence Eagleburger stated: "We've presented to the
    rest of the world a vision of the bully on the block who pushes a
    button, people out there die, we don't pay anything except the
    cost of a missile ... that's going to haunt us in terms of
    trying to deal with the rest of the world in the years ahead."

    This insight has not prevented the same Eagleburger from declaring
    Tuesday night that the United States should respond to the destruction
    of the World Trade Center by dropping bombs immediately on any country
    that might have been involved.

    The same media that is now screaming for blood has routinely applauded
    the use of violence against whatever country or people are deemed to
    be obstacles to US interests. Let us recall the words of New York
    Times columnist Thomas Friedman, who had this to say to the Serbian
    people during the US bombing campaign in 1999: "It should be
    lights out in Belgrade: every power grid, water pipe, road and
    war-related factory has to be hit.... [W]e will set your country back
    by pulverizing you. You want 1950? We can do 1950. You want 1389? We
    can do 1389."

    Given this bloody record, why should anyone be surprised that those
    who have been targeted by the United States have sought to strike
    back?

    George W. Bush's address to the nation Tuesday evening
    epitomized the arrogance and blindness of the American ruling class.
    Far from America being "the brightest beacon for freedom and
    opportunity in the world," the US is seen by tens of millions as
    the main enemy of their human and democratic rights, and the main
    source of their oppression. The American ruling elite, in its
    insolence and cynicism, acts as if it can carry out its violent
    enterprises around the world without creating the political conditions
    for violent acts of retribution.

    In the immediate aftermath of Tuesday's attacks, US authorities
    and the media are once again declaring that Osama bin Laden is
    responsible. This is possible, although, as always, they present no
    evidence to back up their claim.

    But the charge that bin Laden is the culprit raises a host of
    troubling questions. Given the fact that the US has declared this
    individual to be the world's most deadly terrorist, whose every
    move is tracked with the aid of the most technologically sophisticated
    and massive intelligence apparatus, how could bin Laden organize such
    an elaborate attack without being detected? An attack, moreover,
    against the same New York skyscraper that was hit in 1993?

    The devastating success of his assault would indicate that, from the
    standpoint of the American government, the crusade against terrorism
    has been far more a campaign of propaganda to justify US military
    violence around the world than a conscientious effort to protect the
    American people.

    Moreover, both bin Laden and the Taliban mullahs, whom the US accuses
    of harboring him, were financed and armed by the Reagan-Bush
    administration to fight pro-Soviet regimes in Afghanistan in the
    1980s. If they are involved in Tuesday's operations, then the
    American CIA and political establishment are guilty of having nurtured
    the very forces that carried out the bloodiest attack on American
    civilians in US history.

    The escalation of US militarism abroad will inevitably be accompanied
    by intensified attacks on democratic rights at home. The first victims
    of the war fever being whipped up are Arab-Americans, who are already
    being subjected to death threats and other forms of harassment as a
    result of the media hysteria.

    The calls from both Republican and Democratic politicians for a
    declaration of war foreshadow a more general crackdown on opponents of
    American foreign policy. General Norman Schwarzkopf, who commanded
    American troops in the 1991 invasion of Iraq, spoke for much of the
    political and military elite when he declared on television that the
    war on alleged terrorist supporters should be conducted inside as well
    as outside the borders of the US.

    It is the policies pursued by the United States, driven by the
    strategic and financial interests of the ruling elite, which laid the
    foundations for the nightmare that unfolded on Tuesday. The actions
    now being contemplated by the Bush administration--indicated by
    the president's threat to make "no distinction between the
    terrorists who committed these acts and those who harbor
    them"--will only set the stage for further catastrophes.
  • Does the govt really think that crypto export restrictions have prevented terrorists from having strong crypto?

    No.

    The government thinks that they can discourage use of cryptography by the general public. Thus those using cryptography will stand out, and thus can be given greater scrutiny. There are much easier ways to find the contents of a message than breaking cryptography (for example, keystroke recorders).

  • by rgmoore ( 133276 ) <glandauer@charter.net> on Friday September 14, 2001 @06:41PM (#2300819) Homepage

    Sadly, terrorism is the perfect threat for those who want to take liberties away. Liberties are always curtailed in wartime (read the Bill of Rights: writs of habeus corpus can be suspended during war) and everyone in Washington is saying that this is a war. But in a normal war there's a clear enemy, and some way of telling when the war is over. Fighting against terrorists, though, there is nothing but a mass of shadows. There's no way of telling when they've all been caught of have given up, so there's no way to tell that the fight is over. That means that there's no time when the liberties that are ignored in the interests of pursuing the war should be reinstated- so they likely never will be. We must fight to preserve them now or we can kiss them goodby forever.

  • by jazmataz23 ( 20734 ) <jazmatician@nOspAm.yahoo.com> on Friday September 14, 2001 @06:41PM (#2300820)
    According to NPR, a much more reliable source of political information, this bill merely changes the regulatory jurisdiction of obtaining an electronic "wiretap". Previously, to "tap" an email, the prosecutors had to present the case for the warrant to every judge whose jurisdiction in which the the email passes. Meaning if I send an email from NC to NY judges in both my federal district and the federal district of the recient have to sign off on the warrant, as well as all those servers that pass the message on.

    It is still very difficult to get a wiretap warrant, both for email and telephones; the burden of proof is extremely high. Now, I'm not saying illegal wiretaps are not done, but it's still just as difficult to get one legally. I'm not in law enforcement, but I'm also not a paranoiac. Mod me down for both acts of reason.:P


    jaz

  • ...that www.aclu.org [aclu.org] has been down for a while? I don't think it's hosted in NY, and it was up all day yesterday.
  • This week, Sen. Judd Gregg (R-New Hampshire) called for restrictions on privacy-protecting encryption products, and Carnivore's use appears on the rise.

    This is precisely what I was worried about when talking with my friends the other day. Already an anti-encryption rider has passed through Congress with the $40 billion worth of aid. Once we start to let the government take one small thing away from us in the realm of privacy, we are more likely to allow more.

    There is much talk of installing facial recognition software (which many people have pointed out has many flaws resulting in false matches) at airport concourses, customs and gates. Even furthur, there are those who are planning to install such things at sporting events like the Olympics much like they did at the Super Bowl last year.

    What really concerns me is that most people seem to be accepthing this without question. Again I ask, who will be using this data? For what ends? With what warrants? How will they know what to check?

    Write your congressional representatives and ask these questions. If they can't answer them well enough then this should not be allowed.

    Any loss of freedom is a loss for all freedom.

    Chris

  • Is this so bad? (Score:2, Insightful)

    I think my overall views on things like this have changed over the last couple of days, but I don't see this as being all that bad. Given that this only applies to potential national security issues, I seriously doubt I'm going to get spied on by our government over a few mp3 files lying around...

    I have a hard time with the common view around here that:

    - The government should stay out of our business
    - Unless we happen to be Microsoft

    Maybe I'll lose kharma over that, and maybe my views are skewed by the recent attacks, but I'm pretty sure the government has no wishes to read your email or spy on your telnet sessions. That's not what this is about. I actually think this is more along the lines of something I've heard a lot about on CNN lately, regarding making sure the authorities have no obstacles in their way of obtaining the information they need to prevent terrorist attacks and such. I think this is only a small part of that, but of course since it involves the internet and "privacy", it's /. news.

    I'm all for constitutional rights, don't get me wrong. If someone is spied on without just cause, they should (and I think do?) have every right to pursue legal action; but as I heard quoted on CNN (I've been glued to it for 3 days now), "this is a new world". I do not think anyone is going to be spied on without good reason.

    There are many things changing all of a sudden that might be a bit drastic; most of the new air port security standards would not have prevented Tuesday's attacks. But this particular issue doesn't sound to me like it will really affect any of us, unless the government have reason to believe there is a national security issue.
    • I'm pretty sure the government has no wishes to read your email or spy on your telnet sessions.

      If by "the government", you mean President Bush, I agree completely. You'd probably be right about 99% of Congress, too. If the government was a monolithic hive-mind, we'd have no more worries.

      But isn't the NSA part of the government? The FBI? The CIA? The Houston Police Department? The State Senator you've been helping a political campaign against? The FBI agent that Senator asked for wiretapping assistance, who thinks your Slashdot posts smack of communism? The sysadmin who set up that agent's computer, who thinks he can snag blackmail-worthy personal information with a ten line perl script? The script kiddie who found a computer left unpatched by that sysadmin over a 3-day weekend?

      If I send an encrypted message from myself to my friend, then unless one of us gives it away or one of our computers has been compromised, our message is safely restricted to us. Do you think it's that easy to safely restrict that message to 3 people instead of 2? No. 300, maybe.

      But this particular issue doesn't sound to me like it will really affect any of us

      Not all of us. Everybody who never sends private information over the internet should be fine.

      unless the government have reason to believe there is a national security issue.

      When will the government not have reason to believe there is a national security issue, now? When terrorists around the world decide to work toward peace through song instead? Perhaps measures like this would be palatable if this were a real war (although if it was, wouldn't the last thing we want be civilians' "loose lips" flapping unencrypted?), but real wars end eventually. This threat will never end, and so anyone who suggests a "temporary" measure towards reducing it is trying to sell you a lie.
    • I seriously doubt I'm going to get spied on by our government over a few mp3 files lying around...

      But this sort of thing has happened in the past. It may not have involved MP3 files, but people have been persecuted for things an American might consider equally trivial. Are you, or have you ever been associated with the Communist party?

      It seems strange to us that an otherwise sane populace could ever elect or support some of the totalitarian regimes that we read about in history textbooks. Strange, at least, unless people's actions are taken in the proper context. Fear and uncertainty, continuous crisis-- these things gradually lead people down a dangerous path. Fascism wasn't born full-grown; it developed over time in people's minds as a reaction to constant fear and anger.

      You imagine that Americans are too sane to give up any of the really important liberties. You imagine that we're a strong people, not capable of being manipulated by our leaders. If that's the case, then how did we arrive at McCarthyism? What about Vietnam, the bombing of Cambodia? Japanese internment camps? Yes, we moved on from many of these mistakes, but only because we realized that the threat was not what we thought it was. And not before we'd done a lot of damage. But if we're really "at war" now, meaning that this Tuesday's horror will become a way of life for us, look for America to change in a great many ways. Don't count on our sense of morality and righteousbess to hold us back from great mistakes.

      In any case, don't expect simple black-and-white arguments and solutions. It's the nature of society that we all have to give up some of our freedoms. But we all have a duty to prevent this abdication from snowballing into totalitarianism. We have to prevent ourselves from doing harm to our fellows-- this is why we have a case against Microsoft. But it's also important that we question every act that is taken in our name that might impact our freedom. There are plenty who have desperately tried to keep the government away from Microsoft, regardless of the court findings, simply because they believe the government should exercise great restraint when interfering with a corporation's rights. Hopefully there would be an even greater number who who would defend our right to communicate privately because this issue affects all of us. Unfortunately, after this disaster, those people are likely to be more concerned with the perception of safety than with abstract concepts such as personal freedom.

      I believe in safety too. But what we need to ask ourselves, before we shrug this law off, is whether it provides enough safety to balance out its impact on our freedom. In order to do so, we need to be rational about it. At this point, there is unlikely to be any sort of rational discussion on the issue, and this is why we have an even greater duty to bring it up.

  • by Forager ( 144256 ) on Friday September 14, 2001 @06:56PM (#2300892) Homepage
    Does the govt really think that crypto export restrictions have prevented terrorists from having strong crypto?

    ::flamesuit on:: Actually, that's probably not the reason the gov't wants to ban crypto. Think about it for a second:

    Every day thousands of geeks and perhaps dozens of terrorists send back and forth messages that have been encrypted. The geek messages may be frivolous, just simple messages about life and groceries and the kids and other trivial things. Even if they have a right to, there's no real reason for geeks to encode these things. Big Brother doesn't give a rats ass about what you're writing.

    Now, make it illegal to encrypt messages (example) and this flow of messages from the geeks will cut of SLIGHTLY. However slight, the decrease in the number of encrypted messages intercepted per day could drop, thus translating into fewer messages that need to be decrypted and thus translating into faster processing time for the NSA (or whoever).

    Do I support this? No. But I don't think the /. crowd is being fair with this one. The idea isn't to stop the criminals from using crypto; it's to make it a slightly faster process to DEcrpyt their stuff.

    Give the gov't some credit. They're not stupid. Just misguided and corrupt.
  • "Freedom is easier to protect, when there is less of it."

    But really, I'm going to wait and see what happens before I condemn Congress for this.

    For one thing, it seems the interference with civil liberties is well known even to the nightly news anchors, so it's not just a few of us geeks vs. everybody else. A lot of people are wise about these things and they'll get the message across.

    Though if you want to mail your congressperson a letter, be sure to include a small paragraph or two describing basic RSA encryption, to demonstrate how simple it is to implement and how the algorithm could be easily memorized by anyone with advanced math skills.
  • by dkoyanagi ( 222827 ) on Friday September 14, 2001 @07:01PM (#2300909)
    I haven't seen much coverage of this in the major US news sources, but both Globe and Mail [globeandmail.com] and BBC [bbc.co.uk] have stories of senseless attacks on Arabs and Muslims in North America. One of my co-workers had to keep his kids from school because of bomb threats.
    Sixty years ago, out of fear and anger, members of my family, along with thousands of other Canadians and Americans of Japanese descent were put in internment camps. I say this to remind people that, the road from finger pointing and mindless reprisals to invasion of privacy, censorship and suspension of individual freedom is very short indeed. With all the recent media comparisons to Pearl Harbor, I fear that history may be heading in a very disturbing direction.
    Vigilance is paramount now, not in looking for scapegoats or suspects, but in watching for government abuses. Don't look back twenty years from now and think "I can't believe such an abuse of civil liberties happened in this country". It may be happening already.
    • This was just part of the plan. The attacks were intended to invoke a quick heavy handed response. The people who did this have nothing we can take away from them. We've tried to bomb groups in the past and all it did was reinforce them (with the exception of Lybia which sort of worked)

      What I want to know is when are formal charges going to be filed against staff members at the Logan airport? We already have systems in place that would stop this but they were "too expensive" or "too inconvenient" and now 5000 people are dead. Thats criminal neglect on the part of security at Logan and the Federal Aviation Regs (FAR -- also 14 CFR) already describe the penalties for inactions resulting the the deaths of passengers. We don't need any new laws, we just need to stop ignoring some of the ones we have.
  • Everytime something like mandatory key escrow or backdoors is mentioned here, tens of posters reiterate the same old (and by now rather boring) song, namely that criminals do not care about such a law. And most of them even get moderated +5 insightful for doing so.

    While I fully agree with the point they try to make, I really cannot imagine that it hasn't been made in the legislative bodies as well. Your aaverage politician really is not that stupid, even if it is trendy to claim otherwise.

    So I'd like to request that instead someone who has talked to these people or who has read the proceedings of their meetings tells us exactly why this argument isn't being accepted, or why it is being overruled. No speculation and no "because their morons" statements, please. Just the facts.

    Reiterating the same thing over and over in front of the same crowd of devoted followers is not going to change anything other than your /. karma. What really needs to be done, is to find (and then propagate) the proper reply to the reasons why the people who see things differently hold that opinion. Only then do we stand a chance of getting anywhere.

  • by Greyfox ( 87712 ) on Friday September 14, 2001 @07:04PM (#2300930) Homepage Journal
    An unseen danger of this type of legislation is that it breeds complacency. Complacency on the part of the citizens who think they're being protected and complacency on the part of the law enforcement officials who think that all they have to do is sit back and let their automatic information collectors collect information. And this complacency will increase as it becomes more and more illegal to talk about security holes in software and physical processes.

    Complacency contributed to this disaster. The couple of security exposures I can highlight immediately: 1) You don't have to go through a security checkpoint again when you get off a plane and board a new one. You should. 2) Procedures for pilots handling unruly passengers. Were pilots trained to hole up in the cockpit and land at the nearest airport (And possibly lower the cabin pressure to the point where everyone in the back passes out) when something like this is going on, this incident would never have happened. Cryptography is not the danger, complacency is.

    The Internet is already years behind where it should be because the US Crypto Stance has pretty much eliminated the possibility of a commercial software package using cryptography on a large scale. Cryptography is vital for the authentication of identity on the net and this application has gone largely unimplemented. How many illegal stock manipulations would have been prevented if all companies PGP signed all their press releases, for instance? And spam could be all but eliminated if everyone encrypted their E-mail and refused messages not encrypted to their key. It seems to me that lawmakers want to put the genie back into the bottle not by eliminating all crypto software but by eliminating the Internet itself. This is just one of several increasingly unfriendly pieces of legislation introduced recently.

    • Were pilots trained to hole up in the cockpit and land at the nearest airport (And possibly lower the cabin pressure to the point where everyone in the back passes out)

      That's a very interesting suggestion but it has some weaknesses.

      1) At low altitude it won't work, because the external air pressure is high enough. So as you try to land you're going to be dealing with some really ticked off terrorists.

      2) Wouldn't the oxygen masks drop? (maybe it's controlled by the pilots..) The terrorists could just work their way up the aisle stabbing anyone who resisted.

  • ...this [loc.gov] in the amendment. Look under TitleVIII, terrorism.
    Relevant clipped text:
    "(a) IN GENERAL.--(1) Upon an application made under section 3122(a)(1) of this title, the court shall enter an ex parte order authorizing the installation and use of a pen register or trap and trace device if the court finds that the attorney for the Government has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation. The order shall, upon service of the order, apply to any entity providing wire or electronic communication service in the United States whose assistance is required by effectuate the order." My emphasis added.
    This can be applied to much more than the 'net. I am glad to live in Utah, so I can NOT vote for the Honorable Sen. Hatch next election.
  • (from the New York Times [nytimes.com])

    He then offered a broad criticism of the evolution of the C.I.A., saying it had moved too far away from "human intelligence," involving agents who infiltrate organizations, to relying on the Internet, bugs and satellites.

    "Many of our human intelligence sources dried up" because of the risks, Mr. Bush said, noting that using people who are willing to betray their friends and their country was a "dirty business" filled with "unsavory" characters, but perhaps necessary.

    He said the nation needed to "strengthen our intelligence," adding, "I think you're going to see a little effort to do that."


    In other words, simply banning encryption isn't going to make the problem go away. Somebody is going to have to go out and get up close and personal with these scumbags.
  • it's the ones in the US who they can catch.

    Now, I'm NOT saying that I am in favor of this, or the backdoor encryption rules. But in the WTC/Petagon attack, the thugs were living in the US for a while. One can imagine that they were communicating and firming up plans.

    By and large, if someone is going to strike at the US with a terrorist attack, they will communicate with someone in the US. Unless they are going to launch missiles at the US...and then we're back at the Missile Defense can of worms...

    -jon


  • We really need crypto to be easier to use, if we want to combat routine, unnecessary, unaccountable, and and secret privacy violations.

    Today, I briefly considered how I could make so that when two of my machines happened to be exchanging mail with each other, they would do so through a crypto tunnel (at the transport level, not the message-body level), but after looking at the documentation [sendmail.org], I realized that it would take me at least a week or two to get it working, if I'm lucky. And I just don't have the time.

    The only way crypto is going to get used is if it's on by default.

    We are so not there yet.

  • There's certain rules that regulate what the gov't can do with information it has. When a search warrant is issued, they can only take items related to the search warrant. It's the same with Carnivore and other items. They can't just search the logs to find 'bad' things, they've got to suspect something before they can search the logs. If they suspect me of terrorism, I authorize them to check my tcp/ip traffic. If they suspect me of wasting time at work reading /., I'd rather them look the other way. :P

    If we can stop this madness from ever happening again without turning the US into a military state, I'm all for it. I don't just want action AFTER disaster strikes, I'd like action BEFORE this evil ever happens again.

    There's ways to keep our Privacy (really, what do you have to hide? Not all of you are freedom-loving idealists!) and keep a grip on the wack-jobs out there.
  • Sunset Clause? (Score:2, Interesting)

    by Dante333 ( 25148 )
    Now would be a good time to write your representative and push for a sunset clause to the House version of this bill. If they are going to let the emotion of the moment get the better of them, the least they can do is write an out in the bill. Let them vote on this again when cooler heads prevail.
  • .. but they can use it...

    Who wins here? The terrorists. Now we get to live in a next to police state. JUst watch. First they take away crypto on the net, then they will allow phone taps, as well as cell phone taps. Then carnivore or some program like it will be required on teh net as well as some automated phone listening system. Then we can take away peoples right to go to the airport unless they are flying. They do it in India (I'm told from someone who would know). Then what?

    We are at war on our own soil, with an enemy which we cannot see.

    Personally, I don't have anything to really hide in "email" in the way of information. Of course this affects SSL so there goes the credit card online shopping....

  • Of COURSE they don't (Score:2, Interesting)

    by Anonymous Coward
    Does the govt really think that crypto export restrictions have prevented terrorists from having strong crypto?

    Of course not. But they will pretend that it is so, because it gives them a pretext which cannot easily be argued against in the present climate of public opinion (bomb the bastards etc.). The real motive has to do with the ruling elite's passionate desire to improve monitoring and control of citizens by the state. This is something I think is common to all governments unfortunately.

    Ironic, isn't it. The one thing every democratic government fears is an informed and empowered electorate since that is the one thing that can remove them from their comfortable position. They can only remove the threat by centralizing control and keeping the public in the dark about what's really going on.

    Under normal circumstances a democratic government can't get away with this easily (at least not in one fell swoop) but given a dire enough disaster they can blow it up into an national emergency and invoke all sorts of "special provisions" that were quietly sneaked onto the statute books but that most people never thought would see the light of day even if they knew.

    What you are now beginning to see is the spooks coming out of the woodwork to seize what they no doubt see as a god-given opportunity before the sense of panic fades away and the people regain their senses.

    It's not just the US either. Why do you think just about every other government jumped on the bandwagon? Most people in these countries are a bit shocked by the week's events but they're already used to terrorism much closer to home and an attack in New York is, well, thousands of miles away. Just something they saw on TV, like the civil war massacres and famines in Africa, the earthquake in India and so on. No, the reason these governments rushed to jump on Dubya's bandwagon is that they want a piece of the action too, so they can find a pretext to clamp down on their own populations.

    I mean, there is Bush talking about an international collaboration to fight those prosecuting a war against "freedom and democracy" and yet even the Chinese government, author of the Tiannanmen massacre, is signing up for it.

    Figure it out for yourself.

  • by dpilot ( 134227 ) on Friday September 14, 2001 @08:21PM (#2301219) Homepage Journal
    People are missing the other ramification of a mandated cryptographic backdoor.

    I'll bet that within a week or two, the backdoor is cracked, even if there is some 'sealing technique' used in the software. After all, they cracked Microsoft's AARD, and that was pretty thoroughly protected. Within another week, organized crime, Drug Lords, and even terrorists will have access to it.

    Once the backdoor is cracked, encryption is effectively worthless for anything but protection against other law-abiding citizens. But that's not the worst.

    One of the most essential uses of crypto is SSH, OpenSSH, and the like, so we can administer the machines that make the Internet hum. Even WinNT/Win2k uses an encrypted channel for admin. Except now we're mandated to use only crypto with a backdoor, and the blackhats can open it, too.

    No secure remote administration. No secure credit transactions. No Internet. No nuthin. It all falls apart.
  • by (H)elix1 ( 231155 ) <slashdot.helix@nOSPaM.gmail.com> on Friday September 14, 2001 @08:31PM (#2301250) Homepage Journal
    I posted on this last night, but I saw the debate on cspan. According to the only two folks who I saw mention "this might not be a good idea" - Ah, found it....

    Mr. LEAHY.....
    In here it says, on wiretapping, pen registers, trap and trace
    devices, if the court finds that a State investigator or law
    enforcement officer--it could just be an investigator; I don't know if
    this means a private investigator, a licensed PI--if they certify to
    the court that the information is relevant, if they just came in and
    said: Your Honor, I certify this is going to be relevant; I am a State
    investigator; I am the deputy sheriff of East Washtub--I apologize to
    anybody if there is such a town, East Washtub. Let's say I am a deputy
    sheriff on weekends and a mechanic the rest of the time, and I certify
    we need this, a State officer. Does that mean a Federal judge is going
    to stop things and give them the order?
    I have worked with some very good deputy sheriffs in my time. I am
    not sure that even with the best--some of them were darned good when I
    was a prosecutor--any of them are going to go into Federal court and
    say: I want to certify I need this wiretap or this pen register, trap
    and trace.
    I think we ought to at least know what that is, going into people's
    computers because the local investigator says, "I want to." I am not
    sure if the authorities, under normal going into court, asking for a
    court order, having a hearing, can go into my computer; that is one
    thing. But if somebody goes out there, for example, and sees me having
    target practice outside my house--I have a pistol range out back of my
    house--and they say: I wonder how many guns he has; I want to go into
    his computer to find out just in case he has listed his ammunition
    purchases. Should they be allowed to? I would think some of those who
    are concerned about the rights of gun owners might be a little bit
    concerned about this provision. I am a gun owner. I am concerned.
    Authority to do wiretaps. It says here that we will redesignate
    paragraph (p), as so redesignated by section 434(2) of the
    Antiterrorism and Effective Death Penalty Act of 1996, Public Law 104-
    132; 110 Stat. 1274, as paragraph (r); and (2) by inserting after
    paragraph (p) as so redesignated by section 201(3) of the Illegal
    Immigration

    [[Page S9376]]

    Reform and Immigrant Responsibility Act of 1996, division C of Public
    Law 104-208; 110 Stat. 3009-565, the following new paragraph:

    (q) any criminal violations of sections 2332, 2332a, 2332b,
    2332d, 2339A, or 2339B of this title (relating to terrorism).
    . . .

    Does anybody want to tell me what that means? I thought we were here
    to give help to our law enforcement and our antiterrorist authority to
    go after people. I thought we were here to try to finish up a bill that
    the Senator from South Carolina and the Senator from New Hampshire have
    worked on very closely--and the Senator from West Virginia and the
    Senator from Alaska--that would give money to our law enforcement
    agencies so we could go ahead and work and try to get the money which
    the city of New York and the State of New York desperately need after
    the horrific, murderous terrorist acts in that city. I thought that was
    what we were here for.
    I will not reread what I said, but to do something that nobody here
    on the floor can understand or explain, including the people who
    introduced the amendment.

    Now maybe somewhere there is a press release in there. Why don't we
    all send out a press release, a generic one that says we are against
    terrorists? No Member of the Senate is for terrorists. Why don't we say
    we are against murder? Of course we are. But then why don't we say what
    we are doing here? We are going to amend our wiretap laws so we can
    look into anybody's computers.
    If we are going to change all these things, if we are going to direct
    the Director of the CIA and, in effect, direct the President to change
    the rules of the CIA, something the President could have them do just
    like that, if the President really wants to--if we are going to do all
    that here, with no hearing, what does this do to help the men and women
    who were injured or killed in the Pentagon--and their families? What
    does this do to help the men and women in New York and their families
    and those children who were orphans in an instant, a horrible instant?
    Hundreds, perhaps thousands, of children became orphans
    instantaneously. What does that do for them?
    Somewhere we ought to ask ourselves: Do we totally ignore the normal
    ways of doing business in the Senate? If we do that, what is going to
    happen when we get down to the really difficult questions?
    Maybe the Senate wants to just go ahead and adopt new abilities to
    wiretap our citizens. Maybe they want to adopt new abilities to go into
    people's computers. Maybe that will make us feel safer. Maybe. And
    maybe what the terrorists have done made us a little bit less safe.
    Maybe they have increased Big Brother in this country.
    If that is what the Senate wants, we can vote for it. But do we
    really show respect to the American people by slapping something
    together, something that nobody on the floor can explain, and say we
    are changing the duties of the Attorney General, the Director of the
    CIA, the U.S. attorneys, we are going to change your rights as
    Americans, your rights to privacy? We are going to do it with no
    hearings, no debate. We are going to do it with numbers on a page that
    nobody can understand.
  • I explained this to someone else today when asked why I am staunchly against a backdoor/etc in a crypto program.

    A good crypto program is based on a function f[x] such that f[x1] = k, and you cannot find x1 if you know the function f[x] and the encrypted k. This, folks, is hardcore advanced mathematics!

    To add in a regulation that there be some "backdoor" (eg: some function that will always take g[k] = x1 for an encrypted value k). Once that function g[x] is known by anyone (f[x] would have to be made in a way such that g[x] must exist btw.. it doesnt just happen) then the communications of everyone that uses that encryption algorithm is compromised.

    Think of the problems -- no secure transactions (haulting "e-business"), no secure transmissions of trade secrets (look at france -- the companies just moved to a different country), and generally no information is secure.

    Now.. to find a way to convince/explain this all in everyday words...

    ideas?
  • Connected to the internet? The Sandia National Labs Red Team [sandia.gov] can break into your computer, right now. Deal with it.
  • Never hate too long, or too deeply, because we become what we hate.
  • by SenshiNeko ( 142071 ) on Friday September 14, 2001 @09:49PM (#2301473)
    From the FindLaw summary [findlaw.com] on Warrantless 'National Security' Electronic Surveillance...

    In Katz v. United States, Justice White sought to preserve for a future case the possibility that in 'national security cases' electronic surveillance upon the authorization of the President or the Attorney General could be permissible without prior judicial approval. The Executive Branch then asserted the power to wiretap and to 'bug' in two types of national security situations, against domestic subversion and against foreign intelligence operations, first basing its authority on a theory of 'inherent' presidential power and then in the Supreme Court withdrawing to the argument that such surveillance was a 'reasonable' search and seizure and therefore valid under the Fourth Amendment. Unanimously, the Court held that at least in cases of domestic subversive investigations, compliance with the warrant provisions of the Fourth Amendment was required. Whether or not a search was reasonable, wrote Justice Powell for the Court, was a question which derived much of its answer from the warrant clause; except in a few narrowly circumscribed classes of situations, only those searches conducted pursuant to warrants were reasonable. The Government's duty to preserve the national security did not override the gurarantee that before government could invade the privacy of its citizens it must present to a neutral magistrate evidence sufficient to support issuance of a warrant authorizing that invasion of privacy. This protection was even more needed in 'national security cases' than in cases of 'ordinary' crime, the Justice continued, inasmuch as the tendency of government so often is to regard opponents of its policies as a threat and hence to tread in areas protected by the First Amendment as well as by the Fourth. Rejected also was the argument that courts could not appreciate the intricacies of investigations in the area of national security nor preserve the secrecy which is required. The question of the scope of the President's constitutional powers, if any, remains judicially unsettled. Congress has acted, however, providing for a special court to hear requests for warrants for electronic surveillance in foreign intelligence situations, and permitting the President to authorize warrantless surveillance to acquire foreign intelligence information provided that the communications to be monitored are exclusively between or among foreign powers and there is no substantial likelihood any 'United States person' will be overheard. (http://caselaw.lp.findlaw.com/data/constitution/a mendment04/05.html#6)
    "
    History teaches that grave threats to liberty often come in times of urgency, when constitutional rights seem too extravagant to endure." - Supreme Court Justice Thurgood Marshall
  • by the eric conspiracy ( 20178 ) on Friday September 14, 2001 @10:07PM (#2301507)
    However the Fourth Amendment to the Constitution places limits on what the government can do. If this measure indeed offers warrantless surveilance, the Supreme Court may well find that it contravenes the Fourth Amendment.

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause,
    supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


  • by kfg ( 145172 ) on Friday September 14, 2001 @11:34PM (#2301635)
    Removing civil liberties to preserve American freedom is like fucking for chastity.

    The enemy know where our weaknesses are. They have analized them carefully. Don't let them use political Akido to use our own force against ourselves.

    The only way to preserve freedom is to grant it, and defend it.

    KFG
  • 1st ammendment (Score:3, Informative)

    by kevinqtipreedy ( 450228 ) on Saturday September 15, 2001 @12:19AM (#2301755) Homepage
    governments all over are using this as a blank check. In a chicago suburb (Oak Lawn) there have been many peacful rallies. and now the village has delivered memos to all schools and public places that peaceful and unpeaceful assembly is illegal. i called them up and they said to write a letter and hung up.
  • by Nihilanth ( 470467 ) <chaoswave2&aol,com> on Saturday September 15, 2001 @12:46AM (#2301819)
    Could the government really be so uninformed as to institute countermeasures that not only take away our civil liberties, but at the same time are completely useless?

    The cynical answer is "yes, of course they are".

    ...but sometimes I wonder. You and I both realize that these supposed "countermeasures" are completely meaningless in terms of terrorism, because we're Informed. The general populous is Uninformed.

    Let's assume for the moment that the government is Informed. The certainly have the resources, and they have people working for them that know "what's up".

    The simplest explanation is that government opprotunists are simply using this as an excuse to take away our civil liberties, so they can more effectively control us.

    And to think they could be doing something productive with our tax dollars.
  • by Noxxus ( 259942 ) <noxxus@tripflare.com> on Saturday September 15, 2001 @01:31AM (#2301927) Homepage
    This surfaced on Declan McCullagh's Politechbot list this evening:

    http://www.politechbot.com/p-02514.html

    In an opinion column in the London Daily Telegraph, John Keegan calls
    for a combined US/Russian/British invasion of Afghanistan:

    http://www.dailytelegraph.co.uk:80/dt?ac=0060262 32 037638&rtmo=pUsM4USe&atmo=rrrrrrrq&pg=/01/9/14/do0 1.html

    He then goes on to say, and I quote:

    ==========

    "There are other current movements of which to take note, as yet
    insubstantial but certain to gather concrete form. One is the retreat of
    human rights lawyers from the forefront of public life. America in a war
    mood will have no truck with tender concern for constitutional
    safeguards of the liberty of its enemies. The other, which ordinary
    Americans will have to learn to bear, is interference with their liberty
    of instant electronic access to friends and services."

    "The World Trade Centre outrage was co-ordinated on the internet,
    without question. If Washington is serious in its determination to
    eliminate terrorism, it will have to forbid internet providers to allow
    the transmission of encrypted messages - now encoded by public key
    ciphers that are unbreakable even by the National Security Agency's
    computers - and close down any provider that refuses to comply."

    "Uncompliant providers on foreign territory should expect their
    buildings to be destroyed by cruise missiles. Once the internet is
    implicated in the killing of Americans, its high-rolling days may be
    reckoned to be over."

    ==========

    The "Torygraph" is the most conservative of Britain's serious
    newspapers, and is edited from (IIRC) the 30th floor of London's tallest
    office tower, which overlooks London City Airport, from which STOL
    planes take off pointing straight at the tower. I know, I've been there
    myself, it scared me then. Their fear is excusable. Their
    bloodthirstiness is understandable. Their stupidity is neither.

    Ken Brown

  • CmdrTaco: "Does the govt really think that crypto export restrictions have prevented terrorists from having strong crypto?"

    This is such an obvious and sensible objection that it makes me wonder. My guess, and it is only a guess, is that a large part of the U.S. government no longer serves the purpose of democracy. The war may be, not on terrorists, but on the American people. My guess is that it is not conspiracy, but widespread government corruption.

    That's the only conclusion that supports all the information. For example, the U.S. CIA trained Osama bin Laden. See the 1998 MSNBC article referenced in the first paragraph of What should be the response to violence? [hevanet.com] where I've tried to pull together some of the facts.

    Whenever there is a problem, there seem to be two situations that go together: 1) The U.S. government intelligence agencies say they did not foresee the problem, and 2) the intelligence agencies had a years-long prior involvement with the person who caused the problem. Osama bin Laden is one example of this.

    Another example is General Noriega of Panama who had a working relationship with the U.S. CIA for years before he was accused of drug trafficking. Was the exposure of Noriega caused by his not taking orders? A quick Google search on "Noriega General Panama CIA" [google.com] gave a link to a chapter in a book by Noam Chomsky, The invasion of Panama [zmag.org]. Chomsky's book is called What Uncle Sam Really Wants [zmag.org].

    Another link on the first Google page was, The Real Drug Lords, A brief history of CIA involvement in the Drug Trade [magnet.ch] by William Blum.

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