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The 4th Amendment Thread: Privacy, Search & Seizure, Chain of Custody

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  • shrykeshryke Member of the Beast Registered User regular
    It seems like most of the issues actually trace their way back to shitty ways to initiate perfectly legal searches.

  • SchrodingerSchrodinger Registered User regular
    Now it's a simple matter of discovering how you obtain child porn. Or finding information leading me to the person who sells it to you and getting him to testify against you when I get an "anonymous" tip that he's doing so. Or putting your child porn out by your house where a neighbor is certain to stumble upon it and call it in. Or any number of things which would make a warrant obtained later appear legitimate.

    1) I'm pretty sure that selling kiddie porn is a far bigger offense than simply possessing it. And you're still going to need probable cause to go after the seller, so catch-22.

    2) So now you're going from "police secretly conduct unknown investigations that no one knows about with no trace of their existence" to straight up "Police straight up criminally vandalize the property Donnie Darko style."

    I mean, yeah, I suppose the latter situation is possible. I suppose that it's also possible that police officers dress up like Batman at night so that they can get away with punching bad guys without accusations of police brutality. I suppose it's possible that police will start hiring burglars full time to start ransacking any house they want to get into and then leave the evidence out in the open. The fact that you have to make your conspiracy theories increasingly complex just to get anything accomplished demonstrates a huge stretch in credibility.

    Also, you realize that once the house has been broken into, the guy can simply insist that the evidence was planted?
    There is nothing contradictory there at all.

    Your entire scenario reminds me of the conspiracy theories from the birthers insisting that Obama took incredibly elaborate lengths to make it look like he was an actual citizen of this country, but he's incapable of faking a birth certificate and that's why he hasn't given us one.
    Once the officer has "probable cause" to perform the search, the hard part is over. They can now legally search your vehicle and anything they find is (for some reason) admissible in court because their dog signaled.

    Don't dogs chase down the specific source of the smell? Meaning that you not only have to train your dog to bark, but you also need it to bark at a specific spot where you know the completely unrelated evidence is hidden.

  • SoralinSoralin Registered User regular
    BSoB wrote: »
    http://www.wired.com/threatlevel/2013/09/nsa-backdoored-and-stole-keys/

    So, if the NSA is directly working to make secure communications less secure, is it OK for us to be pissed about that?

    I mean, 'cause i'm pretty pissed.

    No, because that's their fucking job

    I mean seriously what is this I don't even
    If it's their job to make people less secure, then why exactly would we want them to continue to exist? If that's their job, then they should all be fired and the organization disbanded. We shouldn't have organizations around whose goal is to weaken encryption, we should have organizations around whose goal is to strengthen encryption.

  • Salvation122Salvation122 Registered User regular
    Soralin wrote: »
    BSoB wrote: »
    http://www.wired.com/threatlevel/2013/09/nsa-backdoored-and-stole-keys/

    So, if the NSA is directly working to make secure communications less secure, is it OK for us to be pissed about that?

    I mean, 'cause i'm pretty pissed.

    No, because that's their fucking job

    I mean seriously what is this I don't even
    If it's their job to make people less secure, then why exactly would we want them to continue to exist? If that's their job, then they should all be fired and the organization disbanded. We shouldn't have organizations around whose goal is to weaken encryption, we should have organizations around whose goal is to strengthen encryption.

    Yes, the people whose job it is to read the military and diplomatic communications of other governments should make it harder to read the military and diplomatic communications of other governments

    119.gif

  • GoumindongGoumindong Registered User regular
    Are you asking why we would want to have an agency which exists to break the codes of foreign nations and so be able to read their secure communications? Because like that seems pretty obviously useful

    wbBv3fj.png
  • SchrodingerSchrodinger Registered User regular
    Goumindong wrote: »
    Are you asking why we would want to have an agency which exists to break the codes of foreign nations and so be able to read their secure communications? Because like that seems pretty obviously useful

    Not to mention one of the primary reasons why the modern computer industry even exists.

    Another main reason? Census employee who decides to start a company to help the government tabulate personal data on US citizens. Goes on to start a company that eventually becomes IBM.

    Governments using computers to crack encryption and track data on citizens is not new.

  • SoralinSoralin Registered User regular
    edited September 2013
    Soralin wrote: »
    BSoB wrote: »
    http://www.wired.com/threatlevel/2013/09/nsa-backdoored-and-stole-keys/

    So, if the NSA is directly working to make secure communications less secure, is it OK for us to be pissed about that?

    I mean, 'cause i'm pretty pissed.

    No, because that's their fucking job

    I mean seriously what is this I don't even
    If it's their job to make people less secure, then why exactly would we want them to continue to exist? If that's their job, then they should all be fired and the organization disbanded. We shouldn't have organizations around whose goal is to weaken encryption, we should have organizations around whose goal is to strengthen encryption.

    Yes, the people whose job it is to read the military and diplomatic communications of other governments should make it harder to read the military and diplomatic communications of other governments
    I rank the goal of being able to read the military and diplomatic communications of other governments, far below the goal of the general public being able to freely and privately communicate with each other. If those two goals come into conflict, as they have here, I will always favor the second one.

    And if all you're concerned about is safety from the scary outside world, doesn't the NSA bring up things like cyberterrorism? Didn't the government claim it was ostensibly supposed to be protecting against things like that? Inserting flaws into encryption methods and creating vulnerabilities would fundamentally be weakening our defenses against that. And most of those harmful actions are directed against people and companies and such, rather than directly at government offices. As a result, whatever level of security the government has, doesn't actually provide much protection to the country. It's only the general level of security available for everyone that would provide any protection.

    If you're really so concerned and paranoid that you don't mind making secure communications unsecure for everyone, why go half-way? Why not do it openly? Outlaw private encryption and make all messages go through government centers, using their own encryption for which they hold the key? I mean, what you're talking about allowing is only different quantitatively, not qualitatively. If you're in favor of this, are you in favor of going all the way with it? If not, then what is your argument against it? How is this different?
    Goumindong wrote: »
    Are you asking why we would want to have an agency which exists to break the codes of foreign nations and so be able to read their secure communications? Because like that seems pretty obviously useful
    No, I'm saying that compromising the encryption of the general public in an attempt to accomplish that goal, is something that should not be done, it's sacrificing something more important for something less important. We're not talking about breaking the codes on specific messages, we're talking about inserting vulnerabilities into encryption methods themselves, and pushing to make those methods the standard, which would compromise everything encrypted by everyone who used those methods.

    Soralin on
  • SchrodingerSchrodinger Registered User regular
    http://pewinternet.org/Reports/2013/Anonymity-online/Main-Report/Part-1.aspx

    621B8B0F01944ACB866729658B7A9AE1.jpg?w=520&h=479&as=1

    B78D961EDACB45C9A02AD8384B46683E.jpg?w=530&h=676&as=1

    In other words, in the debate over online privacy, "government" and "law enforcement" are the absolute least likely entity to raise concerns. Even below "companies who might want payment for files you downloaded."

    And it makes perfect sense. According to the survey, 21% of the population has been hacked, 12% has been stalked/harassed, and 4% have been in physical danger as a result of online activities. In other words, people with concerns over privacy are worried about the actual threats that they have actually experienced and seen first hand. And not the purely hypothetical/invisible threats from government that consist of "unknown unknowns" and are impossible to detect.

    And the same thing probably applies within the minority community. If you're a minority worried about discrimination, you're most likely to be worried about the actual discrimination that happens every day and impacts actual lives, rather than invisible/hypothetical discrimination that's impossible to detect. I don't see many minorities worried that the NSA is going to specifically target black people. I do see a lot of black people complaining about issues like voter suppression, racial profiling, stop and frisk, job discrimination, etc.

  • SoralinSoralin Registered User regular
    edited September 2013
    *video*
    Yes, I'm aware of that. Are you aware that that's not what we're talking about? We're not talking about the NSA breaking or cracking encryption. For an analogy: The NSA in this case is not picking locks, they're going to major commercial lock manufacturers, and secretly or by coercion, altering their manufacturing plans for locks. Such that, every lock produced and sold by them to the public, can then be covertly opened by a skeleton key possessed by the NSA (and possessed by every other person who discovers the alteration).
    There's a number of flaws here:

    1. "who people have said they've taken steps to hide from" =/= "who people think are a threat" =/= "who are actually a threat". It's addressing a completely different topic.

    2. Notice how it has hackers and criminals listed as #1? Those are exactly the people who would be empowered by systemic flaws introduced into encryption systems and companies that the NSA has been doing or attempting to do.

    3. "Other governments" Isn't even on the list, do you think that means people are more concerned about the actions of their own government then they are about other countries? If you're trying to use this as evidence, that would seem to undermine the idea that people should are more concerned about our government having access to military and diplomatic communication from other governments, then they are about their own government.

    Those graphs really don't apply well at all to the topic at hand.

    This one might be more relevant to the topic, percent of people that think these things are very important to control access to. Things that are potentially at risk by the NSA and such:
    8C67102FF72545CE9B45A06F0C28D97A.jpg?w=529&h=675&as=1
    And the same thing probably applies within the minority community. If you're a minority worried about discrimination, you're most likely to be worried about the actual discrimination that happens every day and impacts actual lives, rather than invisible/hypothetical discrimination that's impossible to detect. I don't see many minorities worried that the NSA is going to specifically target black people. I do see a lot of black people complaining about issues like voter suppression, racial profiling, stop and frisk, job discrimination, etc.
    Then we should stop those things from happening.

    Soralin on
  • Salvation122Salvation122 Registered User regular
    Soralin wrote: »
    Soralin wrote: »
    BSoB wrote: »
    http://www.wired.com/threatlevel/2013/09/nsa-backdoored-and-stole-keys/

    So, if the NSA is directly working to make secure communications less secure, is it OK for us to be pissed about that?

    I mean, 'cause i'm pretty pissed.

    No, because that's their fucking job

    I mean seriously what is this I don't even
    If it's their job to make people less secure, then why exactly would we want them to continue to exist? If that's their job, then they should all be fired and the organization disbanded. We shouldn't have organizations around whose goal is to weaken encryption, we should have organizations around whose goal is to strengthen encryption.

    Yes, the people whose job it is to read the military and diplomatic communications of other governments should make it harder to read the military and diplomatic communications of other governments
    I rank the goal of being able to read the military and diplomatic communications of other governments, far below the goal of the general public being able to freely and privately communicate with each other. If those two goals come into conflict, as they have here, I will always favor the second one.

    How old are you? Because this is the most laughably naive thing I've seen on these boards in a really long time.

  • Phoenix-DPhoenix-D Registered User regular
    Soralin wrote: »
    BSoB wrote: »
    http://www.wired.com/threatlevel/2013/09/nsa-backdoored-and-stole-keys/

    So, if the NSA is directly working to make secure communications less secure, is it OK for us to be pissed about that?

    I mean, 'cause i'm pretty pissed.

    No, because that's their fucking job

    I mean seriously what is this I don't even
    If it's their job to make people less secure, then why exactly would we want them to continue to exist? If that's their job, then they should all be fired and the organization disbanded. We shouldn't have organizations around whose goal is to weaken encryption, we should have organizations around whose goal is to strengthen encryption.

    Yes, the people whose job it is to read the military and diplomatic communications of other governments should make it harder to read the military and diplomatic communications of other governments

    119.gif

    When your method of breaking the adversary's communications also compromises your own, there's a bit of a problem.

  • SummaryJudgmentSummaryJudgment Grab the hottest iron you can find, stride in the Tower’s front door Registered User regular
    edited September 2013

    How old are you? Because this is the most laughably naive thing I've seen on these boards in a really long time.

    So, should he just go hang himself now according to you, or what did you have in mind?

    Amazingly, some people have a different opinion than masturbatory Cold War-era realpolitik.

    EDIT: Seriously, is this how you talk to people in real life, too?

    SummaryJudgment on
  • joshofalltradesjoshofalltrades Class Traitor Smoke-filled roomRegistered User regular
    Phoenix-D wrote: »
    Soralin wrote: »
    BSoB wrote: »
    http://www.wired.com/threatlevel/2013/09/nsa-backdoored-and-stole-keys/

    So, if the NSA is directly working to make secure communications less secure, is it OK for us to be pissed about that?

    I mean, 'cause i'm pretty pissed.

    No, because that's their fucking job

    I mean seriously what is this I don't even
    If it's their job to make people less secure, then why exactly would we want them to continue to exist? If that's their job, then they should all be fired and the organization disbanded. We shouldn't have organizations around whose goal is to weaken encryption, we should have organizations around whose goal is to strengthen encryption.

    Yes, the people whose job it is to read the military and diplomatic communications of other governments should make it harder to read the military and diplomatic communications of other governments

    119.gif

    When your method of breaking the adversary's communications also compromises your own, there's a bit of a problem.

    It's like people aren't reading the article or something.

    This is not making it easier to read the communications of other governments.

    It is making it easier to break into domestic communications. They are implementing security holes that allow anybody who knows how the ability to intercept domestic communications.

    The whole "you guys are super naive" posts with little content look even sillier when you can't grasp this very basic thing.

  • joshofalltradesjoshofalltrades Class Traitor Smoke-filled roomRegistered User regular
    I mean, it would be one thing if the NSA was making it so only they could possibly ever intercept domestic communications. It would still be up for a debate even then, but it would be a little harder to argue against.

    What they are actually doing is making everybody less secure to everybody else. Which I have a huge problem with.

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  • Salvation122Salvation122 Registered User regular
    Phoenix-D wrote: »
    Soralin wrote: »
    BSoB wrote: »
    http://www.wired.com/threatlevel/2013/09/nsa-backdoored-and-stole-keys/

    So, if the NSA is directly working to make secure communications less secure, is it OK for us to be pissed about that?

    I mean, 'cause i'm pretty pissed.

    No, because that's their fucking job

    I mean seriously what is this I don't even
    If it's their job to make people less secure, then why exactly would we want them to continue to exist? If that's their job, then they should all be fired and the organization disbanded. We shouldn't have organizations around whose goal is to weaken encryption, we should have organizations around whose goal is to strengthen encryption.

    Yes, the people whose job it is to read the military and diplomatic communications of other governments should make it harder to read the military and diplomatic communications of other governments

    119.gif

    When your method of breaking the adversary's communications also compromises your own, there's a bit of a problem.

    1): The NSA is an organ of the United States government.
    2): The NSA is responsible for the data security of the United States government.
    3): The NSA has knowingly weakened certain cryptographic methods.
    4): Therefore the United States government will not use those methods.
    5): Therefore United States government data security is stronger than anyone who uses those methods.

    Civilian security is emphatically not the NSA's job. They don't care.

    This is what signals intelligence organizations do. All of them, in every nation. Their entire purpose is to crack codes so they can read other people's mail. The only surprising thing is the level of success the NSA has had. Acting as if this has not always been the case is asinine.

  • SchrodingerSchrodinger Registered User regular
    Soralin wrote: »
    1. "who people have said they've taken steps to hide from" =/= "who people think are a threat" =/= "who are actually a threat". It's addressing a completely different topic.

    2. Notice how it has hackers and criminals listed as #1? Those are exactly the people who would be empowered by systemic flaws introduced into encryption systems and companies that the NSA has been doing or attempting to do.

    3. "Other governments" Isn't even on the list, do you think that means people are more concerned about the actions of their own government then they are about other countries? If you're trying to use this as evidence, that would seem to undermine the idea that people should are more concerned about our government having access to military and diplomatic communication from other governments, then they are about their own government.

    1) Generally, people take measures to hide from the people who they are actually worried about. If someone says "I'm buying a gun to keep the government out of my face," that generally implies that he sees the government as the biggest threat to his personal safety.

    2) Highly dubious claim, given the hundreds of millions of potential targets with no encryption at all. There's a notion known as "Return on Investment."

    3) Why the hell would any average American civilian be worried about the German or Chinese government potentially reading their e-mails?

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  • MrMisterMrMister Jesus dying on the cross in pain? Morally better than us. One has to go "all in".Registered User regular
    Civilian security is emphatically not the NSA's job. They don't care.

    I think that's precisely the worry. Namely, some people think civilian security is important and wonder if the increased abilities the NSA gains by diminishing it are enough to justify said diminution. If the NSA considers civilian security entirely outside its mission, that's all the more reason to think that they take actions on the basis of a plan which overvalues their own capabilities while undervaluing the security that good encryption provides to all sorts of private, commercial, and otherwise non-spying-related transactions.

  • edited September 2013
    This content has been removed.

  • MrMisterMrMister Jesus dying on the cross in pain? Morally better than us. One has to go "all in".Registered User regular
    MrMister wrote: »
    Civilian security is emphatically not the NSA's job. They don't care.

    I think that's precisely the worry. Namely, some people think civilian security is important and wonder if the increased abilities the NSA gains by diminishing it are enough to justify said diminution. If the NSA considers civilian security entirely outside its mission, that's all the more reason to think that they take actions on the basis of a plan which overvalues their own capabilities while undervaluing the security that good encryption provides to all sorts of private, commercial, and otherwise non-spying-related transactions.

    Again: there is no evidence that the NSA has deliberately compromised encryption standards. It's all wild, baseless speculation - and a good deal of it is now people looking at standards the NSA was involved in setting and saying "well this is too hard to understand, obviously there's a hidden agenda!" without considering what the process of setting a standard normally involves.

    EDIT: I mean let's be clear here: standards are openly available information which anyone can inspect. You can't hide them. But with the exception of the one noted anomaly discovered by Microsoft, which again, wasn't actually proven to be malicious, is entirely optional and would only be a threat if vendors were sticking it in blackbox hardware (which is, by definition, not secure if security is your concern) - then there is no evidence here other then journalists insisting that they've really totally seen the evidence but can't show us (and on this issue have shown a history of exaggeration, walking back statements and generally failing to comprehend what they have).

    If what you're saying is "they didn't do what you said, because technology" then I concede not understanding the technical reasons and having nothing interesting to offer to that discussion. I intended my point to be purely in response to the people saying "they DID do what you said, but it's fine!"

  • redxredx I(x)=2(x)+1 whole numbersRegistered User regular
    Phoenix-D wrote: »
    Soralin wrote: »
    BSoB wrote: »
    http://www.wired.com/threatlevel/2013/09/nsa-backdoored-and-stole-keys/

    So, if the NSA is directly working to make secure communications less secure, is it OK for us to be pissed about that?

    I mean, 'cause i'm pretty pissed.

    No, because that's their fucking job

    I mean seriously what is this I don't even
    If it's their job to make people less secure, then why exactly would we want them to continue to exist? If that's their job, then they should all be fired and the organization disbanded. We shouldn't have organizations around whose goal is to weaken encryption, we should have organizations around whose goal is to strengthen encryption.

    Yes, the people whose job it is to read the military and diplomatic communications of other governments should make it harder to read the military and diplomatic communications of other governments

    119.gif

    When your method of breaking the adversary's communications also compromises your own, there's a bit of a problem.

    1): The NSA is an organ of the United States government.
    2): The NSA is responsible for the data security of the United States government.
    3): The NSA has knowingly weakened certain cryptographic methods.
    4): Therefore the United States government will not use those methods.
    5): Therefore United States government data security is stronger than anyone who uses those methods.

    Civilian security is emphatically not the NSA's job. They don't care.

    This is what signals intelligence organizations do. All of them, in every nation. Their entire purpose is to crack codes so they can read other people's mail. The only surprising thing is the level of success the NSA has had. Acting as if this has not always been the case is asinine.

    AES-256 is used for Top Secret.

    Basically. I mean, their standards and requirements are public information which === nist recommendations for what to use if you are serious about not getting your shit broken.

    This must be the case given how many public entities build maintain and access protected information systems.

    Either these aren't broken, or it is just low level SSL implementations, which truly serious folk won't use, because it is kinda public info they are less than ideal.

    I just really don't get exactly what they've comprised. PKI cert servers? Software implementation that don't phone home to the NSA(which would be obvious) or result in broken weaker encryption (which would not function or sign with other implementations).

    I don't actually get what they are really doing.

    They moistly come out at night, moistly.
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  • SummaryJudgmentSummaryJudgment Grab the hottest iron you can find, stride in the Tower’s front door Registered User regular
    Phoenix-D wrote: »
    Soralin wrote: »
    BSoB wrote: »
    http://www.wired.com/threatlevel/2013/09/nsa-backdoored-and-stole-keys/

    So, if the NSA is directly working to make secure communications less secure, is it OK for us to be pissed about that?

    I mean, 'cause i'm pretty pissed.

    No, because that's their fucking job

    I mean seriously what is this I don't even
    If it's their job to make people less secure, then why exactly would we want them to continue to exist? If that's their job, then they should all be fired and the organization disbanded. We shouldn't have organizations around whose goal is to weaken encryption, we should have organizations around whose goal is to strengthen encryption.

    Yes, the people whose job it is to read the military and diplomatic communications of other governments should make it harder to read the military and diplomatic communications of other governments

    119.gif

    When your method of breaking the adversary's communications also compromises your own, there's a bit of a problem.

    1): The NSA is an organ of the United States government.
    2): The NSA is responsible for the data security of the United States government.
    3): The NSA has knowingly weakened certain cryptographic methods.
    4): Therefore the United States government will not use those methods.
    5): Therefore United States government data security is stronger than anyone who uses those methods.

    Civilian security is emphatically not the NSA's job. They don't care.

    This is what signals intelligence organizations do. All of them, in every nation. Their entire purpose is to crack codes so they can read other people's mail. The only surprising thing is the level of success the NSA has had. Acting as if this has not always been the case is asinine.

    AES-256 is used for Top Secret.

    I remember a number of people in the other thread making the argument that it was imperative that the NSA be able to spy on the German steel industry or whatever when all the allegations came or about that.
    When modern war is made via economic policy, civilian targets are "military" targets for the NSA, according to some.

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  • BSoBBSoB Registered User regular
    MrMister wrote: »
    Civilian security is emphatically not the NSA's job. They don't care.

    I think that's precisely the worry. Namely, some people think civilian security is important and wonder if the increased abilities the NSA gains by diminishing it are enough to justify said diminution. If the NSA considers civilian security entirely outside its mission, that's all the more reason to think that they take actions on the basis of a plan which overvalues their own capabilities while undervaluing the security that good encryption provides to all sorts of private, commercial, and otherwise non-spying-related transactions.

    Again: there is no evidence that the NSA has deliberately compromised encryption standards. It's all wild, baseless speculation - and a good deal of it is now people looking at standards the NSA was involved in setting and saying "well this is too hard to understand, obviously there's a hidden agenda!" without considering what the process of setting a standard normally involves.

    EDIT: I mean let's be clear here: standards are openly available information which anyone can inspect. You can't hide them. But with the exception of the one noted anomaly discovered by Microsoft, which again, wasn't actually proven to be malicious, is entirely optional and would only be a threat if vendors were sticking it in blackbox hardware (which is, by definition, not secure if security is your concern) - then there is no evidence here other then journalists insisting that they've really totally seen the evidence but can't show us (and on this issue have shown a history of exaggeration, walking back statements and generally failing to comprehend what they have).

    Hand waving away the NSA designing and publishing an intentionally flawed encryption standard as "one noted anomaly" is fucking infuriating.

    It is like saying "the NSA only fired ONE giant space death laser, and they missed with it anyway, WHY WORRY? Also nobody has PROVEN that the satellite they designed and launched which fired a giant death laser was SUPPOSED to fire a giant death laser."

    Missing does not mitigate the attempt.

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  • SchrodingerSchrodinger Registered User regular
    So does this supposed flaw allow the NSA to break into any computer system instantly ala "The Net," or does it simply reduce the amount of computing time necessary to crack a system from many centuries down to many months?

  • HefflingHeffling No Pic EverRegistered User regular
    Your "apples and oranges" refutation doesn't apply if, in both cases, I'm on the atkins diet and refuse to eat either.

    Worst. Analogy. Ever.

  • joshofalltradesjoshofalltrades Class Traitor Smoke-filled roomRegistered User regular
    edited September 2013
    So does this supposed flaw allow the NSA to break into any computer system instantly ala "The Net," or does it simply reduce the amount of computing time necessary to crack a system from many centuries down to many months?

    Do you even know what a backdoor is?
    The threat of backdoors surfaced when multiuser and networked operating systems became widely adopted. Petersen and Turn discussed computer subversion in a paper published in the proceedings of the 1967 AFIPS Conference. They noted a class of active infiltration attacks that use "trapdoor" entry points into the system to bypass security facilities and permit direct access to data.

    And just because I'm tired of all the bullshit handwaving:
    But some experts say the N.S.A.’s campaign to bypass and weaken communications security may have serious unintended consequences. They say the agency is working at cross-purposes with its other major mission, apart from eavesdropping: ensuring the security of American communications.

    Some of the agency’s most intensive efforts have focused on the encryption in universal use in the United States, including Secure Sockets Layer, or SSL; virtual private networks, or VPNs; and the protection used on fourth-generation, or 4G, smartphones. Many Americans, often without realizing it, rely on such protection every time they send an e-mail, buy something online, consult with colleagues via their company’s computer network, or use a phone or a tablet on a 4G network.

    For at least three years, one document says, GCHQ, almost certainly in collaboration with the N.S.A., has been looking for ways into protected traffic of popular Internet companies: Google, Yahoo, Facebook and Microsoft’s Hotmail. By 2012, GCHQ had developed “new access opportunities” into Google’s systems, according to the document. (Google denied giving any government access and said it had no evidence its systems had been breached).

    “The risk is that when you build a back door into systems, you’re not the only one to exploit it,” said Matthew D. Green, a cryptography researcher at Johns Hopkins University. “Those back doors could work against U.S. communications, too.”

    Paul Kocher, a leading cryptographer who helped design the SSL protocol, recalled how the N.S.A. lost the heated national debate in the 1990s about inserting into all encryption a government back door called the Clipper Chip.

    “And they went and did it anyway, without telling anyone,” Mr. Kocher said. He said he understood the agency’s mission but was concerned about the danger of allowing it unbridled access to private information.


    “The intelligence community has worried about ‘going dark’ forever, but today they are conducting instant, total invasion of privacy with limited effort,” he said. “This is the golden age of spying.”

    (...)

    By introducing such back doors, the N.S.A. has surreptitiously accomplished what it had failed to do in the open. Two decades ago, officials grew concerned about the spread of strong encryption software like Pretty Good Privacy, designed by a programmer named Phil Zimmermann. The Clinton administration fought back by proposing the Clipper Chip, which would have effectively neutered digital encryption by ensuring that the N.S.A. always had the key.

    That proposal met a backlash from an unlikely coalition that included political opposites like Senator John Ashcroft, the Missouri Republican, and Senator John Kerry, the Massachusetts Democrat, as well as the televangelist Pat Robertson, Silicon Valley executives and the American Civil Liberties Union. All argued that the Clipper would kill not only the Fourth Amendment, but also America’s global technology edge.

    By 1996, the White House backed down. But soon the N.S.A. began trying to anticipate and thwart encryption tools before they became mainstream.

    So maybe we can stop pretending like this is the NSA's job or, even if it is, that it's a good thing that we should all be totally grateful for. But go ahead and tell me that Paul Kocher doesn't know anything about internet security.

    joshofalltrades on
  • joshofalltradesjoshofalltrades Class Traitor Smoke-filled roomRegistered User regular
    And the author of the Patriot Act comes out and says that the NSA is abusing it:
    Rep. Jim Sensenbrenner (R-Wisconsin) quickly ushered in the USA Patriot Act in the wake of the September 2001 terror attacks. But the author of the act, which greatly expanded the government’s spy powers, says the National Security Agency is abusing that law by collecting records of all telephone calls in the United States.

    While it’s not the first time the Republican has accused the NSA of misusing the act to collect the calling data, it’s the first time he’s invoked his status as a member of the legislative branch to file a court document in a bid to convince the judicial branch to put a halt to the spying.

    “I stand by the Patriot Act and support the specific targeting of terrorists by our government, but the proper balance has not been struck between civil rights and American security,” Sensenbrenner said in a statement. “A large, intrusive government — however benevolent it claims to be — is not immune from the simple truth that centralized power threatens liberty. Americans are increasingly wary that Washington is violating the privacy rights guaranteed to us by the Fourth Amendment.”

    The snooping first came to public light in June when NSA leaker Edward Snowden provided the Guardian newspaper with a classified court opinion requiring Verizon to provide the National Security Agency the phone numbers of both parties involved in all calls, the international mobile subscriber identity (IMSI) number for mobile callers, calling card numbers used in the call, and the time and duration of the calls. The government confirmed the authenticity of the document, and lawmakers have subsequently said other secret orders involve the nation’s carriers in a program that began shortly after the Patriot Act was passed.

    One of the most controversial provisions of the Patriot Act — Section 215 — allows the secret Foreign Intelligence Surveillance Court to authorize broad warrants for most any type of “tangible” records, including those held by banks, doctors and phone companies.

    Under the Patriot Act, the government only needs to show that the information is “relevant” to an authorized investigation. No connection to a terrorist or spy is required.

    But Sensenbrenner, who is being represented by the Electronic Frontier Foundation, never thought every telephone call would become relevant to an investigation. He told that to a federal judge Wednesday via a friend-of-the-court brief in a lawsuit brought by the American Civil Liberties Union, writing the government has advanced a “dangerous version of ‘relevance.’” The civil rights group, meanwhile, claims the program — “one of the largest surveillance efforts ever launched by a democratic government” — is a fundamental breach of Americans’ constitutional rights.

    But the President Barack Obama administration sees it another way.

    The administration claims the wholesale vacuuming of all phone-call metadata in the United States is in the “public interest,” does not breach the constitutional rights of Americans and cannot be challenged in a court of law.

    “… the alleged metadata program is fully consistent with the Fourth Amendment. Most fundamentally, the program does not involve ‘searches’ of plaintiffs’ persons or effects, because the collection of telephony metadata from the business records of a third-party telephone service provider, without collecting the contents of plaintiffs’ communications, implicates no ‘legitimate expectation of privacy’ that is protected by the Constitution,” (.pdf) David S. Jones, an assistant United States attorney, wrote to U.S. District Judge William H. Pauley, the New York judge presiding over the litigation.

    A hearing in the case is tentatively set for November.

  • kedinikkedinik Registered User regular
    Heffling wrote: »
    Your "apples and oranges" refutation doesn't apply if, in both cases, I'm on the atkins diet and refuse to eat either.

    Worst. Analogy. Ever.

    You should see what he does with reductio ad X-Files.

  • SchrodingerSchrodinger Registered User regular
    edited September 2013
    kedinik wrote: »
    Heffling wrote: »
    Your "apples and oranges" refutation doesn't apply if, in both cases, I'm on the atkins diet and refuse to eat either.

    Worst. Analogy. Ever.

    You should see what he does with reductio ad X-Files.

    It would be nice if any of you would be able to refute analogies using the formal conventions of refuting analogies, as opposed to simply "Your analogy is bad because I dislike the implication" or "Your analogy is bad because it isn't an axiom."

    Schrodinger on
  • redxredx I(x)=2(x)+1 whole numbersRegistered User regular
    edited September 2013
    So does this supposed flaw allow the NSA to break into any computer system instantly ala "The Net," or does it simply reduce the amount of computing time necessary to crack a system from many centuries down to many months?

    purportedly they've done a bunch of things.

    They've screwed with implementations of encryption software, reducing randomness and inserting factors. This makes things much easier to crack. They've been collecting keys, which makes some things instant. They've gained access to server infrastructure to grab stuff before it gets encrypted. They released an encryption algorithm with flaws, which means it can be cracked more quickly. They put pressure on folks running public key servers, which sort of lets them crack things better and run Man in the Middle attacks where it should not be possible. They've been collecting large amounts of information, attempting the easy breaks on them and storing what's worked(and hasn't).

    Little of this would allow them to gain access to the average users computer system, because authentication is not encryption(though they could probably sidejack/MIM some VPN connections, which... well... could).


    edit: relating this to a paper published in the 60s and a hardware backdoor that doesn't exist might not be the best analogies for what it is claimed they actually did when you look at the technology discussed and not broad nontechnical terms like trap/backdoor.

    Though... I would be a little concerned about "trusted computing" stuff and wouldn't trust windows8's hardware/software opaque drive authenticating solution thingy. I pretty ardently oppose them anyway though.

    redx on
    They moistly come out at night, moistly.
  • AngelHedgieAngelHedgie Registered User regular
    And the author of the Patriot Act comes out and says that the NSA is abusing it:
    Rep. Jim Sensenbrenner (R-Wisconsin) quickly ushered in the USA Patriot Act in the wake of the September 2001 terror attacks. But the author of the act, which greatly expanded the government’s spy powers, says the National Security Agency is abusing that law by collecting records of all telephone calls in the United States.

    While it’s not the first time the Republican has accused the NSA of misusing the act to collect the calling data, it’s the first time he’s invoked his status as a member of the legislative branch to file a court document in a bid to convince the judicial branch to put a halt to the spying.

    “I stand by the Patriot Act and support the specific targeting of terrorists by our government, but the proper balance has not been struck between civil rights and American security,” Sensenbrenner said in a statement. “A large, intrusive government — however benevolent it claims to be — is not immune from the simple truth that centralized power threatens liberty. Americans are increasingly wary that Washington is violating the privacy rights guaranteed to us by the Fourth Amendment.”

    The snooping first came to public light in June when NSA leaker Edward Snowden provided the Guardian newspaper with a classified court opinion requiring Verizon to provide the National Security Agency the phone numbers of both parties involved in all calls, the international mobile subscriber identity (IMSI) number for mobile callers, calling card numbers used in the call, and the time and duration of the calls. The government confirmed the authenticity of the document, and lawmakers have subsequently said other secret orders involve the nation’s carriers in a program that began shortly after the Patriot Act was passed.

    One of the most controversial provisions of the Patriot Act — Section 215 — allows the secret Foreign Intelligence Surveillance Court to authorize broad warrants for most any type of “tangible” records, including those held by banks, doctors and phone companies.

    Under the Patriot Act, the government only needs to show that the information is “relevant” to an authorized investigation. No connection to a terrorist or spy is required.

    But Sensenbrenner, who is being represented by the Electronic Frontier Foundation, never thought every telephone call would become relevant to an investigation. He told that to a federal judge Wednesday via a friend-of-the-court brief in a lawsuit brought by the American Civil Liberties Union, writing the government has advanced a “dangerous version of ‘relevance.’” The civil rights group, meanwhile, claims the program — “one of the largest surveillance efforts ever launched by a democratic government” — is a fundamental breach of Americans’ constitutional rights.

    But the President Barack Obama administration sees it another way.

    The administration claims the wholesale vacuuming of all phone-call metadata in the United States is in the “public interest,” does not breach the constitutional rights of Americans and cannot be challenged in a court of law.

    “… the alleged metadata program is fully consistent with the Fourth Amendment. Most fundamentally, the program does not involve ‘searches’ of plaintiffs’ persons or effects, because the collection of telephony metadata from the business records of a third-party telephone service provider, without collecting the contents of plaintiffs’ communications, implicates no ‘legitimate expectation of privacy’ that is protected by the Constitution,” (.pdf) David S. Jones, an assistant United States attorney, wrote to U.S. District Judge William H. Pauley, the New York judge presiding over the litigation.

    A hearing in the case is tentatively set for November.

    If you think that Sensenbrenner, the architect of REAL ID, is saying this for any other reason than "hurt the Democrats", I have a lovely bridge I can sell you cheap.

    XBL: Nox Aeternum / PSN: NoxAeternum / NN:NoxAeternum / Steam: noxaeternum
  • joshofalltradesjoshofalltrades Class Traitor Smoke-filled roomRegistered User regular
    edited September 2013
    And the author of the Patriot Act comes out and says that the NSA is abusing it:
    Rep. Jim Sensenbrenner (R-Wisconsin) quickly ushered in the USA Patriot Act in the wake of the September 2001 terror attacks. But the author of the act, which greatly expanded the government’s spy powers, says the National Security Agency is abusing that law by collecting records of all telephone calls in the United States.

    While it’s not the first time the Republican has accused the NSA of misusing the act to collect the calling data, it’s the first time he’s invoked his status as a member of the legislative branch to file a court document in a bid to convince the judicial branch to put a halt to the spying.

    “I stand by the Patriot Act and support the specific targeting of terrorists by our government, but the proper balance has not been struck between civil rights and American security,” Sensenbrenner said in a statement. “A large, intrusive government — however benevolent it claims to be — is not immune from the simple truth that centralized power threatens liberty. Americans are increasingly wary that Washington is violating the privacy rights guaranteed to us by the Fourth Amendment.”

    The snooping first came to public light in June when NSA leaker Edward Snowden provided the Guardian newspaper with a classified court opinion requiring Verizon to provide the National Security Agency the phone numbers of both parties involved in all calls, the international mobile subscriber identity (IMSI) number for mobile callers, calling card numbers used in the call, and the time and duration of the calls. The government confirmed the authenticity of the document, and lawmakers have subsequently said other secret orders involve the nation’s carriers in a program that began shortly after the Patriot Act was passed.

    One of the most controversial provisions of the Patriot Act — Section 215 — allows the secret Foreign Intelligence Surveillance Court to authorize broad warrants for most any type of “tangible” records, including those held by banks, doctors and phone companies.

    Under the Patriot Act, the government only needs to show that the information is “relevant” to an authorized investigation. No connection to a terrorist or spy is required.

    But Sensenbrenner, who is being represented by the Electronic Frontier Foundation, never thought every telephone call would become relevant to an investigation. He told that to a federal judge Wednesday via a friend-of-the-court brief in a lawsuit brought by the American Civil Liberties Union, writing the government has advanced a “dangerous version of ‘relevance.’” The civil rights group, meanwhile, claims the program — “one of the largest surveillance efforts ever launched by a democratic government” — is a fundamental breach of Americans’ constitutional rights.

    But the President Barack Obama administration sees it another way.

    The administration claims the wholesale vacuuming of all phone-call metadata in the United States is in the “public interest,” does not breach the constitutional rights of Americans and cannot be challenged in a court of law.

    “… the alleged metadata program is fully consistent with the Fourth Amendment. Most fundamentally, the program does not involve ‘searches’ of plaintiffs’ persons or effects, because the collection of telephony metadata from the business records of a third-party telephone service provider, without collecting the contents of plaintiffs’ communications, implicates no ‘legitimate expectation of privacy’ that is protected by the Constitution,” (.pdf) David S. Jones, an assistant United States attorney, wrote to U.S. District Judge William H. Pauley, the New York judge presiding over the litigation.

    A hearing in the case is tentatively set for November.

    If you think that Sensenbrenner, the architect of REAL ID, is saying this for any other reason than "hurt the Democrats", I have a lovely bridge I can sell you cheap.

    You're not wrong, but that doesn't mean that he is, either.

    Just because somebody has other motives doesn't mean that they aren't also correct.

    joshofalltrades on
  • joshofalltradesjoshofalltrades Class Traitor Smoke-filled roomRegistered User regular
    kedinik wrote: »
    Heffling wrote: »
    Your "apples and oranges" refutation doesn't apply if, in both cases, I'm on the atkins diet and refuse to eat either.

    Worst. Analogy. Ever.

    You should see what he does with reductio ad X-Files.

    It would be nice if any of you would be able to refute analogies using the formal conventions of refuting analogies, as opposed to simply "Your analogy is bad because I dislike the implication" or "Your analogy is bad because it isn't an axiom."

    If we picked apart every single one of your bad analogies, this would be the bad analogy picking apart thread. But it's not, and I think it's ridiculous to expect everybody to tell you why your analogies are bad every time you make a bad analogy.

  • joshofalltradesjoshofalltrades Class Traitor Smoke-filled roomRegistered User regular
    redx wrote: »
    So does this supposed flaw allow the NSA to break into any computer system instantly ala "The Net," or does it simply reduce the amount of computing time necessary to crack a system from many centuries down to many months?

    purportedly they've done a bunch of things.

    They've screwed with implementations of encryption software, reducing randomness and inserting factors. This makes things much easier to crack. They've been collecting keys, which makes some things instant. They've gained access to server infrastructure to grab stuff before it gets encrypted. They released an encryption algorithm with flaws, which means it can be cracked more quickly. They put pressure on folks running public key servers, which sort of lets them crack things better and run Man in the Middle attacks where it should not be possible. They've been collecting large amounts of information, attempting the easy breaks on them and storing what's worked(and hasn't).

    Little of this would allow them to gain access to the average users computer system, because authentication is not encryption(though they could probably sidejack/MIM some VPN connections, which... well... could).


    edit: relating this to a paper published in the 60s and a hardware backdoor that doesn't exist might not be the best analogies for what it is claimed they actually did when you look at the technology discussed and not broad nontechnical terms like trap/backdoor.

    Though... I would be a little concerned about "trusted computing" stuff and wouldn't trust windows8's hardware/software opaque drive authenticating solution thingy. I pretty ardently oppose them anyway though.

    Nobody here is worried that our personal PCs are being hacked by the same guys that stole Sandra Bullock's identity.

    But yes, your post is absolutely correct.

  • AngelHedgieAngelHedgie Registered User regular
    And the author of the Patriot Act comes out and says that the NSA is abusing it:
    Rep. Jim Sensenbrenner (R-Wisconsin) quickly ushered in the USA Patriot Act in the wake of the September 2001 terror attacks. But the author of the act, which greatly expanded the government’s spy powers, says the National Security Agency is abusing that law by collecting records of all telephone calls in the United States.

    While it’s not the first time the Republican has accused the NSA of misusing the act to collect the calling data, it’s the first time he’s invoked his status as a member of the legislative branch to file a court document in a bid to convince the judicial branch to put a halt to the spying.

    “I stand by the Patriot Act and support the specific targeting of terrorists by our government, but the proper balance has not been struck between civil rights and American security,” Sensenbrenner said in a statement. “A large, intrusive government — however benevolent it claims to be — is not immune from the simple truth that centralized power threatens liberty. Americans are increasingly wary that Washington is violating the privacy rights guaranteed to us by the Fourth Amendment.”

    The snooping first came to public light in June when NSA leaker Edward Snowden provided the Guardian newspaper with a classified court opinion requiring Verizon to provide the National Security Agency the phone numbers of both parties involved in all calls, the international mobile subscriber identity (IMSI) number for mobile callers, calling card numbers used in the call, and the time and duration of the calls. The government confirmed the authenticity of the document, and lawmakers have subsequently said other secret orders involve the nation’s carriers in a program that began shortly after the Patriot Act was passed.

    One of the most controversial provisions of the Patriot Act — Section 215 — allows the secret Foreign Intelligence Surveillance Court to authorize broad warrants for most any type of “tangible” records, including those held by banks, doctors and phone companies.

    Under the Patriot Act, the government only needs to show that the information is “relevant” to an authorized investigation. No connection to a terrorist or spy is required.

    But Sensenbrenner, who is being represented by the Electronic Frontier Foundation, never thought every telephone call would become relevant to an investigation. He told that to a federal judge Wednesday via a friend-of-the-court brief in a lawsuit brought by the American Civil Liberties Union, writing the government has advanced a “dangerous version of ‘relevance.’” The civil rights group, meanwhile, claims the program — “one of the largest surveillance efforts ever launched by a democratic government” — is a fundamental breach of Americans’ constitutional rights.

    But the President Barack Obama administration sees it another way.

    The administration claims the wholesale vacuuming of all phone-call metadata in the United States is in the “public interest,” does not breach the constitutional rights of Americans and cannot be challenged in a court of law.

    “… the alleged metadata program is fully consistent with the Fourth Amendment. Most fundamentally, the program does not involve ‘searches’ of plaintiffs’ persons or effects, because the collection of telephony metadata from the business records of a third-party telephone service provider, without collecting the contents of plaintiffs’ communications, implicates no ‘legitimate expectation of privacy’ that is protected by the Constitution,” (.pdf) David S. Jones, an assistant United States attorney, wrote to U.S. District Judge William H. Pauley, the New York judge presiding over the litigation.

    A hearing in the case is tentatively set for November.

    If you think that Sensenbrenner, the architect of REAL ID, is saying this for any other reason than "hurt the Democrats", I have a lovely bridge I can sell you cheap.

    You're not wrong, but that doesn't mean that he is, either.

    Just because somebody has other motives doesn't mean that they aren't also correct.

    The fact that this is a man who was more than happy to create and push an incredibly invasive program that would have impacted every American directly makes me question the legitimacy of his argument.

    XBL: Nox Aeternum / PSN: NoxAeternum / NN:NoxAeternum / Steam: noxaeternum
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