CAT | Legislation
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.
The House Judiciary Committee is going to be discussing the Electronic Communications Privacy Act. There is a chance that they will strengthen it.
This act was written decades ago, before there were any real cloud solutions. Email was downloaded by your email client, and immediately deleted from the server. They law assumed that any email left on a server more than 180 days had been abandoned, and so no warrant was required for law enforcement to obtain it.
These days, with services like gmail, we tend to keep our email on the servers for years, with no thought that it has been abandoned. Law enforcement is opposing reforms of this law because it would make their work more difficult. Doubtless it would, as does almost any civil liberty.
Earlier this month Zoe Lofgren introduced the Online Communications and Geolocation Protection act, amending ECPA. It would require a warrant to obtain cell phone location information. There is clearly some momentum for reform.
Declan McCullagh of CNET is reporting on a bill to require ISPs to maintain massive records on their users. According to the article this bill requires commercial Internet providers to retain “customers’ names, addresses, phone numbers, credit card numbers, bank account numbers, and temporarily-assigned IP addresses”.
They are calling it the “Protecting Children From Internet Pornographers Act of 2011″ in a flagrent attempt to make it politically difficult to vote against it even though the bill has noting directly to do with Internet pornography or protecting children.
Were this bill to become law, it might cause real problems for the growth of public Wi-Fi where there is no user authentication. That would be a huge leap backwards for a very possitive trend of late.
Of course, criminals will continue to be trivially able to circumvent such tracking efforts making this primarily a mechanism for gathering information on innocent persons without any hint of suspicion or probably cause.
It is absolutely un-American to require every citizen to submit to continuous tracking and monitoring on the possibility that some tiny fraction of us will commit a crime. Law enforcement always lobbies hard for such provisions. Make sure your voice is heard that you value your privacy and your rights.
3 Comments · Posted by Lance Cottrell in Computer Security, Cryptography, First Amendment, Innovation, Internet, legal, Legislation, National Security, Online Privacy, Personal Privacy, Security Breaches, Surveillance
The EFF has an excellent article on eight reasons why government regulation of cryptography is a bad idea.
The short answer is: the bad guys can easily get it and use it anyway, and it will make security for the rest of us much worse (not including the big brother surveillance and constitutional issues).
It looks like many technology companies recognize that the writing is on the wall and that some kind of consumer privacy legislation will come down the pipe at some point.
They are endorsing this one (with some suggested changes) because it adopts a self-regulatory program, rather than requiring specific actions.
It is a tricky balance. On the one hand self-regulation is notoriously ineffective and self serving. On the other hand, detailed regulation is almost always out dated before it is passed and does at least as much damage as good.