Essays in the Category "Laws and Regulations"
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Stop the Hysteria over Apple Encryption
Last week Apple announced that it is closing a serious security vulnerability in the iPhone. It used to be that the phone’s encryption only protected a small amount of the data, and Apple had the ability to bypass security on the rest of it.
From now on, all the phone’s data is protected. It can no longer be accessed by criminals, governments, or rogue employees. Access to it can no longer be demanded by totalitarian governments. A user’s iPhone data is now more secure .
To hear U.S. law enforcement respond, you’d think Apple’s move heralded an unstoppable crime wave. See, the FBI had been using that vulnerability to get into peoples’ iPhones. In the …
The Real, Terrifying Reason Why British Authorities Detained David Miranda
The scariest explanation of all? That the NSA and GCHQ are just showing they don't want to be messed with.
Last Sunday, David Miranda was detained while changing planes at London Heathrow Airport by British authorities for nine hours under a controversial British law—the maximum time allowable without making an arrest. There has been much made of the fact that he’s the partner of Glenn Greenwald, the Guardian reporter whom Edward Snowden trusted with many of his NSA documents and the most prolific reporter of the surveillance abuses disclosed in those documents. There’s less discussion of what I feel was the real reason for Miranda’s detention. He was ferrying documents between Greenwald and Laura Poitras, a filmmaker and his co-reporter on Snowden and his information. These document were on several USB memory sticks he had with him. He had already carried documents from Greenwald in Rio de Janeiro to Poitras in Berlin, and was on his way back with different documents when he was detained…
The Army in Our Midst
In one Maryland county, SWAT teams were deployed once a day on average in 2009, most often to serve search or arrest warrants.
War as a rhetorical concept is firmly embedded in American culture. Over the past several decades, federal and local law enforcement has been enlisted in a war on crime, a war on drugs and a war on terror. These wars are more than just metaphors designed to rally public support and secure budget appropriations. They change the way we think about what the police do. Wars mean shooting first and asking questions later. Wars require military tactics and weaponry. Wars mean civilian casualties.
Over the decades, the war metaphor has resulted in drastic changes in the way the police operate. At both federal and state levels, the formerly hard line between police and military has blurred. Police are increasingly using military weaponry, employing military tactics and framing their mission using military terminology. Right now, there is a Third Amendment case—that’s the one about quartering soldiers in private homes without consent—making its way through the courts. It involves someone who refused to allow the police to occupy his home in order to gain a “tactical advantage” against the house next-door. The police returned later, broke down his door, forced him to the floor and then arrested him for obstructing an officer. They also shot his dog with pepperball rounds. It’s hard to argue with the premise of this case; police officers are acting so much like soldiers that it can be hard to tell the difference…
Mission Creep: When Everything Is Terrorism
NSA apologists say spying is only used for menaces like "weapons of mass destruction" and "terror." But those terms have been radically redefined.
One of the assurances I keep hearing about the U.S. government’s spying on American citizens is that it’s only used in cases of terrorism. Terrorism is, of course, an extraordinary crime, and its horrific nature is supposed to justify permitting all sorts of excesses to prevent it. But there’s a problem with this line of reasoning: mission creep. The definitions of “terrorism” and “weapon of mass destruction” are broadening, and these extraordinary powers are being used, and will continue to be used, for crimes other than terrorism.
Back in 2002, the Patriot Act …
Before Prosecuting, Investigate the Government
Edward Snowden broke the law by releasing classified information. This isn’t under debate; it’s something everyone with a security clearance knows. It’s written in plain English on the documents you have to sign when you get a security clearance, and it’s part of the culture. The law is there for a good reason, and secrecy has an important role in military defense.
But before the Justice Department prosecutes Snowden, there are some other investigations that ought to happen.
We need to determine whether these National Security Agency programs are themselves legal. The administration has successfully barred anyone from bringing a lawsuit challenging these laws, on the grounds of national secrecy. Now that we know those arguments are without merit, it’s time for those court challenges…
The FBI's New Wiretapping Plan Is Great News for Criminals
The FBI wants a new law that will make it easier to wiretap the Internet. Although its claim is that the new law will only maintain the status quo, it’s really much worse than that. This law will result in less-secure Internet products and create a foreign industry in more-secure alternatives. It will impose costly burdens on affected companies. It will assist totalitarian governments in spying on their own citizens. And it won’t do much to hinder actual criminals and terrorists.
As the FBI sees it, the problem is that people are moving away from traditional communication systems like telephones onto computer systems like Skype. Eavesdropping on telephones used to be easy. The FBI would call the phone company, which would bring agents into a switching room and allow them to literally tap the wires with a pair of alligator clips and a tape recorder. In the 1990s, the government forced phone companies to provide an analogous capability on digital switches; but today, more and more communications happens over the Internet…
Transparency and Accountability Don't Hurt Security—They're Crucial to It
As part of the fallout of the Boston bombings, we’re probably going to get some new laws that give the FBI additional investigative powers. As with the Patriot Act after 9/11, the debate over whether these new laws are helpful will be minimal, but the effects on civil liberties could be large. Even though most people are skeptical about sacrificing personal freedoms for security, it’s hard for politicians to say no to the FBI right now, and it’s politically expedient to demand that something be done.
If our leaders can’t say no—and there’s no reason to believe they can—there are two concepts that need to be part of any new counterterrorism laws, and investigative laws in general: transparency and accountability…
Do You Want the Government Buying Your Data From Corporations?
A new bill moving through Congress would give the authorities unprecedented access to citizens' information.
Our government collects a lot of information about us. Tax records, legal records, license records, records of government services received—it’s all in databases that are increasingly linked and correlated. Still, there’s a lot of personal information the government can’t collect. Either they’re prohibited by law from asking without probable cause and a judicial order, or they simply have no cost-effective way to collect it. But the government has figured out how to get around the laws, and collect personal data that has been historically denied to them: ask corporate America for it…
Web Snooping Is a Dangerous Move
On Monday, The New York Times reported that President Obama will seek sweeping laws enabling law enforcement to more easily eavesdrop on the internet. Technologies are changing, the administration argues, and modern digital systems aren’t as easy to monitor as traditional telephones.
The government wants to force companies to redesign their communications systems and information networks to facilitate surveillance, and to provide law enforcement with back doors that enable them to bypass any security measures.
The proposal may seem extreme, but—unfortunately—it’s not unique. Just a few months ago, the governments of the United Arab Emirates and Saudi Arabia threatened to ban BlackBerry devices unless the company made eavesdropping easier. China has already built a massive internet surveillance system to better control its citizens…
Sidebar photo of Bruce Schneier by Joe MacInnis.