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Encryption Security Communications Privacy The Courts Your Rights Online

Spanish Judge Cites Use of Secure Email As a Potential Terrorist Indicator 174

An anonymous reader writes Is it possible that using secure email services can be construed as an indicator of being a terrorist? Although it's a ridiculous notion that using secure email implies criminal activities, a judge cited that reason to partially justify arrests in Spain. In December, as part of "an anti-terrorist initiative" Operation Pandora, over 400 cops raided 14 houses and social centers in Spain. They seized computers, books, and leaflets and arrested 11 people. Four were released under surveillance, but seven were "accused of undefined terrorism" and held in a Madrid prison. This led to "tens of thousands" participating in protests. As terrorism is alleged "without specifying concrete criminal acts," the attorney for those seven "anarchists" denounced the lack of transparency.
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Spanish Judge Cites Use of Secure Email As a Potential Terrorist Indicator

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  • by Anonymous Coward

    First Cameron, now this judge. What's going on? You used to be cool.

    • by Anonymous Coward

      Our economic colonisator pushes us continuously in directions our real leaders don't want to. Even my own government is a bunch of puppets nowadays, controlled by money and fear.

      • by znrt ( 2424692 )

        Our economic colonisator pushes us continuously in directions our real leaders don't want to. Even my own government is a bunch of puppets nowadays, controlled by money and fear.

        it's that, and that current spanish government is actually a bunch of far right (mostly ultracatholic) fanatics. the judicial system is pretty full with those anyway since franco times. not that there are no "reasonable" judges, there are, but rarely in influential positions and they get promptly bullied out of the system if they irritate the bosses.

    • Cameron was never cool. He may be cold before he can do any serious harm if there is a merciful god, but cool he was never.

    • by gweihir ( 88907 )

      Fascism is on the raise, again. The US is leading this charge towards doom though.

    • They're just trying to keep up with the US.
    • Europe is doing what Europe has always done. They believe that rights are something granted by the king so they can be revoked whenever the king wants them revoked. In modern Europe they replace "king" with "government" but the principle remains the same. Only libtards in the US have been unable to recognize that this was the case.

    • Europe was never cool when it came to freedom of speech. First it was Holocaust denial laws, then it was generic hate speech laws, these days they have laws against "infringing upon human dignity of another" in some countries. And their constitutions, for those countries which have them, while usually containing an explicit clause protecting free speech, also contain numerous blanket exceptions to it that basically boil down to "speech is free so long as it's not inconvenient, and what's inconvenient can ch

  • by Anonymous Coward on Saturday January 17, 2015 @05:42AM (#48837793)

    Since governments tap and read everything; if they can't read it, according to them you must be hiding something.
    If you are hiding something, you don't trust the government.
    If you don't trust the government, you must be a terrorist.
    Other people have nothing to hide in their eyes.

    • by Opportunist ( 166417 ) on Saturday January 17, 2015 @06:15AM (#48837873)

      Trust is a two way street. Give me a reason to trust you, government. And bluntly, hiding all kinds of negotiations that will affect me, not only their details but also the fact THAT you negotiate with other states and even corporations, is not going to make me trust you.

      What about TTIP? Got anything to hide or why the secrecy?

      • by gweihir ( 88907 )

        Governments do not deserve trust. They are acting like pathological liars, thieves and psychopaths, all rolled into one. Why else would they insist on ever expanding their power and surveillance infrastructure. They are afraid of the population, because deep down all these government actors know where true evil can be found, namely in them. They have a deep existential fear that those governed could realize the true nature of those doing the governing.

        • Governments do not deserve trust, but it has nothing to do with "evil". No institution should be trusted, it should be evaluated according to its purpose, actions and outcomes; whenever any of those is inappropriate, insufficient, or inefficient, the institution should either be altered to better serve people, or it should be eliminated and if necessary replaced.

          This is true for governments, bureaucracies, businesses, trade unions, religions and religious organizations, even book clubs. The concept of trust

    • by gweihir ( 88907 )

      Indeed. And incidentally, any halfway smart person does not trust their government these days, but sees what is really going on: greed, stupidity, megalomania, fear of a population that may have its own ideas, etc. Don't remember who said it first, but those in power have indeed banded together against those that they are supposedly accountable to.

      The whole mind-set is paranoid and fascist. And it is getting stronger. The last time this happened, we had a global catastrophe, namely WWII, that nearly managed

    • Since governments tap and read everything; if they can't read it, according to them you must be hiding something.

      So that's why Slashdot has had broken formatting when opening subthreads in new tabs recently!

      What agency is fighting this dastardly Betaist plot?

    • by AmiMoJo ( 196126 ) *

      My mother works in a library. She was telling me about some idiot who printed a letter taunting police, saying he would stab 10 people and they couldn't stop him. He then went and stabbed one person before being caught. At his trial he complained that library staff hadn't noticed what he was doing and reported it to the police, thus foiling his plan for infamy.

      This generated a bullshit piece in the local newsrag about how library staff "let" him do it using public property. Of course, library staff are trai

  • by phayes ( 202222 ) on Saturday January 17, 2015 @05:43AM (#48837801) Homepage

    Will all potentially dangerous terrorists use secure mail: Yes, thanks to Snowden, they know that unsecured electronic communication will get them identified.
    Do other people use secure mail: Yes, some of us have our reasons.
    Do most people use secure mail: No. Most people don't care enough.
    Does using secure mail automatically make one a terrorist in the eyes of a spanish judge: No, but it does let him quickly winnow out those who might need another look.
    Is this a bullshit story: Yup, click-bait right up there with Timothy's usual confusion of correlation & causation.

    • The joke is that potentially dangerous terrorists have since found other ways of communications. They simply fly to their top nutters instead to get their orders, then form small local cells with personal contact. No need for anything that could possibly be tapped.

      Ask the French how their total surveillance worked out as a terrorist early warning system.

      • by phayes ( 202222 )

        I'm french & don't have to ask. Nor do I think that any security is perfect. Flagging the use of a relatively little used communication method for further investigation is a practical and common sense decision, no matter what Timothy and his simplistic buddies think.

        • by sjames ( 1099 )

          If Sony Pictures had used secure email, the hack might not have leaked so much information.

          • by phayes ( 202222 )

            You think that use of an external email system that claims it's secure makes it so? That's cute...

            • by sjames ( 1099 )

              Where did I say any such thing? I said if they used a secure email system. Read it as "actually secure". You know, the sort of thing that the judge claims is a sign of terrorism.

              • by phayes ( 202222 )

                Ah, but you can make a blanket statement saying that "secure" email could have saved Sony from embarrassment. Why? Apparently because it's "secure". Why is it secure? Because. Again, that's cute, as is your contention that use of secure email is what makes a judge think that you are a terrorist instead of just meriting a closer look. Ahhh to have such a simplistic worldview...

                • by sjames ( 1099 )

                  By definition, secure email would have solved much of their problem. Had it not, it would be insecure email. You seem desperate to find an insult for me in there even if you have to make it up.

                  So I'll pretend you said booger dukey and say you have the mentality of a 4 year old. Feel better now?

                  • by phayes ( 202222 )

                    Again with the simplistic overgeneralizing and again making blanket statements. Every email system is secure until it isn't and it isn't the assurances of the vendors (nor yours with it's infantile references) that changes this essential fact. Sony thought that their email was safe. You probably think that you use an impenetrable system given how childishly petulant you behave when I call it's security into question. Your confidence in your Impenetrable secure is as childish as your snot references.

                    • by sjames ( 1099 )

                      I guess no word means anything at all as far as you're concerned anyway. Since you can possibly imagine a scenario where the sun won't rise tomorrow, there is no such thing as sunrise.

                      Take your pedantry elsewhere.

                    • by phayes ( 202222 )

                      Why don't you explain exactly what it is in your "secure" email (besides faith that is) that would have preserved Sony from being compromised by a system level zero day or an insider attack, hmmm? Oh, sorry, that appears to be what you call pedantry. I should expect more snot comments & not reasoned debate I suppose.

    • by tsqr ( 808554 )

      Yup, click-bait

      Indeed. Those arrested had explosives and/or poison gas in their posession. Nice sensationalism. And predictable responses from a gang that would rather be outraged than look beneath the surface for something of substance.

    • by sjames ( 1099 )

      OTOH, police the world over have a bad tendency to interpret an exclusive test as inclusive.

      For example, all DNA can say for certain WRT a crime is that you were never there (so you are excluded). Finding your DNA doesn't actually mean much (it doesn't even necessarily mean you were ever there) because there are far too many innocent ways it might get there yet it seems to be treated as incriminating by detectives and prosecutors.

      • by phayes ( 202222 )

        You need to watch less TV docudrama and talk to more people in the justice system.

        Cops & Defense/District Attorneys are well aware of the limitations of DNA (even though many jurors aren't)? DNA, like fingerprints mean nothing to a case if the implicated people have reasonable reasons for them being found. Do you really think DA's try to surprise the defense by trumpeting "The accused's DNA was found on the crime scene" when they suspect a guy killed his wife in their home?!? No, it's when the proof is

        • by sjames ( 1099 )

          I'm getting this from the news and from actual court transcripts, not fiction. If anything, the fiction shows give forensics, prosecutors and police far too much credit for doing it right. They don't 'vote' on the results in CSI like the FBI lab does.

          Based on what we now know about the reliability of witnesses, particularly in conjunction with standard questioning techniques, jurors SHOULD be demanding ironclad scientific evidence.

          • by phayes ( 202222 )

            Really? You've determined that in general, "police the world over have a bad tendency to interpret an exclusive test as inclusive" because you're "getting this from the news and from actual court transcripts" and you have done this over enough cases to be sure that this is a general conclusion you can make and not the sensational exceptions? Ok, then, just how many court transcripts is it that you claim to have read and the percentage of these in which police are performing as you claim?

            Having talked to peo

            • by sjames ( 1099 )

              There sure seem to be a lot of specific exceptions. Especially given tyhat the standard is supposed to be beyond reasonable doubt.

              I will happily share in-depth research with you when you start happily writing me paychecks.

              • by phayes ( 202222 )

                I doubt you have any in depth research. For whatever reason you care to justify, you're cherry picking and overgeneralizing from exceptions.

                Nobody says it doesn't happen but your inability to see what is the norm and what isn't says much about your prejudices.

  • shhhhh (Score:4, Funny)

    by Anonymous Coward on Saturday January 17, 2015 @05:57AM (#48837825)

    While we're at it, whispering is also highly suspicious and should be illegal.

    • by gweihir ( 88907 )

      Or even worse: Not saying anything at all! We really and urgently need the technology to mind-read!

  • This place must have an above average number of terrorists...
  • ...because we do provide secure (as encrypted in the transport, network and the storage layer) . Spanish judges. You have to love them how people that know the law know few things about technology.
  • 1. Fund some hot headed people and wait for results.
    2. Claim that secure email is bad and more surveillance is needed over countries.
    3. ?
    4. Profit

  • And that's how politicians work. Doing everything to avoid being held responsible when a terrorist strikes. And apparently, judges work the same way. Someone I know works very closely with several Dutch ministers and he confirms that decisions are often based on emotion, not on logic and common sense. It is exactly THIS what makes terrorist strikes so dangerous.
    • by gweihir ( 88907 )

      Indeed. People that have not mastered their emotions have no business leading anything.

  • by Anonymous Coward

    when encryption is outlawed only outlaws will have encryption

  • A bad deficiency we still are having is that the mail traffic between mail exchange servers is typically unencrypted. Makes e-mail quite easy to spy by the gubbermentz.
    • by gweihir ( 88907 )

      Do end-to-end encryption with PGP/GnuPG.

      Using a supposedly secure email provider is, in most cases, not secure. It may be secure for a while, but eventually the provider gets threatened in some way and the security goes away and the scum that cannot abide secrets (government, law enforcement) gets their dirty little grubby fingers on everything. Not many will have the personal integrity to do what Ladar Levison of Lavabit did, namely shutting the service down under great personal risk and at great cost. Mo

    • "A bad deficiency we still are having is that the mail traffic between mail exchange servers is typically unencrypted."

      No, it is not a deficiency but a feature as it highlights that anything but end-to-end encryption is pure rubish (and end-to-end encryption is not so perfect considering that at least one of the two ends can be already pwned).

  • by Anonymous Coward

    Yes, because if I start sending letters with envelopes it's more suspicious and worthy of scrutiny than if I send postcards.

  • by Anonymous Coward

    Terrorists are sending unencrypted emails which are specifically made to look like spam.

  • Among characteristics of captured terrorists, what are things that they had in common? Gosh, one of those is use of encryption. You think it's a coincidence that encryption is regarded as a weapon?

    "it's a ridiculous notion that using secure email implies criminal activities"
    Yes, true. However, criminal activities are frequently found using encryption. How can I explain this...hmm. OK, you know how Millenials consider you automatically suspicious unless they can look you up on facebook or linkedin? Ye

  • the US had a near monopoly on stupid public officials.

  • by jenningsthecat ( 1525947 ) on Saturday January 17, 2015 @08:10AM (#48838245)

    FTA:

    According to the prosecutor, the evidence against them includes finding numerous copies of a book called “Against Democracy”...

    By the Spanish judge's logic, closing the curtains in your house and owning a copy of Mein Kampf would also cause him to view you as a potential Nazi.

    Perhaps those who control the police are the only ones who are allowed to be "against democracy"...

  • I doubt if a judge is actually so clueless as to believe something like this. But if he only cared about fooling journalists, then I could see it being used as a pretext

  • by jandersen ( 462034 ) on Saturday January 17, 2015 @08:58AM (#48838395)

    Is it possible that using secure email services can be construed as an indicator of being a terrorist?

    When the question is posed like that, no. But it has been taken out of a context, and it is similar to saying 'is carrying a crowbar really a sign that you are going to burgle a house?' - you may be on the way home from the shop, intending to break some timber apart. On the other hand, if it is about 2AM and you are in a residential area far from your home, friends or family, and you can't offer a plausible explanation - perhaps it is reasonable to suspect that you are a burglar.

    Terrorists look just like everybody else, at least until they blow themselves up or start shooting at the defenceless, so we have to use a complex set of indicators to try to guess who is likely to be plotting attacks; unfortunately they don't all use emails on 'terror.org' or whatever. If a number of factors come together, then perhaps using strongly encrypted email is worrying - you may have something legitimate to hide, but most people don't bother with encryption if they are just writing to their mum.

  • didn't we just see a report from the NSA that the people who bombed the World Trade Centre didn't use encryption but instead used obfuscation - sending their messages to each other with subjects that would *deliberately* trigger SPAM filters, such as "Buy Viagra Online"?

  • That already came out of some investigations in the EU recently. Other terrorists may just send pictures of Skippy after using steganography.

  • I once had a government ask me what "I was hiding from", and why do we need all the heavy crypto, and secrecy, and why we don't post with our real names.

    I smiled and asked him if transparency was so open, why does the government classify things, and why don't Federal Agents publish their names publicly on their websites?

    Guess who's killed more random innocent people? I'm simply a man with an opinion, no army, and no weapons.

  • Seems to be that cybercrimes defrauding people are a pretty significant threat to the everyday person and secure mail is a good way to protect yourself from that threat.

Keep up the good work! But please don't ask me to help.

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