CAT | legal
In the article below Attorney General Eric Holder said ““It is fully possible to permit law enforcement to do its job while still adequately protecting personal privacy”
This is simply not true, and harkens back to the discredited arguments made by the FBI in the 1990’s about the Clipper Chip. It is hard enough to make secure computing systems, and we are not very good at it as all the breaches demonstrate. Intentionally introducing a vulnerability, which is the essential nature of back door or law enforcement access, is madness. If there is a back door, then keys exist, and can be compromised or reverse engineered. It is an added complexity to the system, which is almost certain to introduce other vulnerabilities. Its use would not be restricted to the US. Once it exists every government will demand access.
Social media and the cloud have tilted the balance of power absurdly towards law enforcement. This argument that they must retain access to encrypted cell phones is fatuous.
If this amendment passes, it will significantly reduce the perceived advantages of using servers outside the US. No only would the server still be subject to whatever legal process exists in the hosting country, but they would also be open to legal hacking by the USG.
Here is a new “as a service” offering I had never considered. Companies are supporting ISPs in responding to classified FISA court search warrants for the ISPs, including helping to capture the data and deciding if the request is proper.
A New York district judge has ruled that Microsoft must comply with US search warrants for emails stored in European data centers. The argument is that as a US company, Microsoft is subject to the order, and because it has control of its European subsidiary which in turn has control of the data center in Europe, it should therefor comply.
This will put Microsoft, and many other US Internet companies, in a tricky place. The EU data protection laws are being expanded to explicitly bar EU subsidiaries of US companies from sending data outside the EU for law enforcement or intelligence purposes.
This also further undermines confidence in the security and privacy of data held by US Internet companies.
- A decision giving Canadians more rights to Anonymity
- Iraq’s recent blocking of social media and more
- Iran’s outright criminalization of social media
- A court decision requiring warrants to access cell tower location data
- Another court stating that irrelevant seized data needs to be deleted after searches
- A massive failure of data anonymization in New York City
- A court requiring a defendant to decrypt his files so they can be searched
- The Supreme Court ruling protecting cellphones from warrantless search.
- Phone tracking streetlights in Chicago
- And a small change for iPhones bringing big privacy benefits