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Encryption Communications Privacy

Justice Department: Default Encryption Has Created a 'Zone of Lawlessness' 431

Jason Koebler writes: Leslie Caldwell, an assistant attorney general at the Justice Department, said Tuesday that the department is "very concerned" by the Google's and Apple's decision to automatically encrypt all data on Android and iOS devices.

"We understand the value of encryption and the importance of security," she said. "But we're very concerned they not lead to the creation of what I would call a 'zone of lawlessness,' where there's evidence that we could have lawful access through a court order that we're prohibited from getting because of a company's technological choices.
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Justice Department: Default Encryption Has Created a 'Zone of Lawlessness'

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  • by Anonymous Coward on Wednesday January 28, 2015 @12:07PM (#48924169)

    Just like that zone of lawlessness inside of peoples minds that the pesky 5th amendment creates, think of all the criminals going free because we can't force them to incriminate themselves! This is a situation that the DOJ and other alphabet agencies have brought upon themselves by thinking they are above the law in the first place.

    • by ColdWetDog ( 752185 ) on Wednesday January 28, 2015 @12:26PM (#48924415) Homepage

      Just like that zone of lawlessness inside of peoples minds that the pesky 5th amendment creates, think of all the criminals going free because we can't force them to incriminate themselves! This is a situation that the DOJ and other alphabet agencies have brought upon themselves by thinking they are above the law in the first place.

      Or the Fourth Amendment. Or the Second. Or the First.

      The situation is clear. We must take care to ban this subversive document [wikipedia.org] now. For the children! For the Feds! For great justice!

      • by TiggertheMad ( 556308 ) on Wednesday January 28, 2015 @01:30PM (#48925259) Journal
        TiggertheMad, a nobody from the Internet, said Tuesday that the he is "very concerned" by the most of the Internet's decision to not automatically encrypt all data. "We understand the value of legal discovery and the importance of enforcing laws," he said. "But we're very concerned they not lead to the creation of what I would call a 'zone of lawlessness,' where the government violates some of our most basic principles in some quixotic hunt to ferret out terrorists and other boogie men. They might actually have to do some actual police work, you know like they did for the last few centuries."
        • by boristdog ( 133725 ) on Wednesday January 28, 2015 @02:17PM (#48925781)

          I swear you could just go back to the old school spy tradecraft (dead drops, one time code pads, etc.) and keep your illegal organization out of the eyes of the law as long as you weren't stupid and kept all confidential communications offline. I'll bet not more than 5% of law enforcement agency personnel even know what they used to do.

          It's how I run my terroist organization these days, and the terror business is good.

          • by WCMI92 ( 592436 ) on Wednesday January 28, 2015 @02:23PM (#48925845) Homepage

            The Russians did exactly that after the Snowden revelations. They even bought up a bunch of typewriters.

            Anyone with any sense knows that if you put it online, it's available.

          • by Ancil ( 622971 ) on Wednesday January 28, 2015 @03:20PM (#48926369)

            Osama bin Laden managed to hide in plain sight for 6 years by doing something similar.

            The basic approach of senior Al Qaeda figures was to use laptops but never connect them to the internet. Everything was based on thumb drives, which were moved around by trusted couriers. You couldn't plant a mole in there, because they basically didn't trust anyone they hadn't known for several generations.

            He was eventually tracked down because his most trusted courier was on the phone with a friend being pestered about what he was doing, and the CIA happened to be listening.

          • by Anonymous Coward on Wednesday January 28, 2015 @03:50PM (#48926657)

            You joke, but take a look at the 2002 Millenium Challenge [wikipedia.org] navy exercise.

            The Red team, using old school tactics, dealt a staggering blow to the Blue team. (The exercise was then reset, with the Red team required to "follow the rules"). Quoting:

            Red, commanded by retired Marine Corps Lieutenant General Paul K. Van Riper, adopted an asymmetric strategy, in particular, using old methods to evade Blue's sophisticated electronic surveillance network. Van Riper used motorcycle messengers to transmit orders to front-line troops and World War II light signals to launch airplanes without radio communications.

    • by Anonymous Brave Guy ( 457657 ) on Wednesday January 28, 2015 @12:33PM (#48924485)

      There used to be a saying, something about it being better to let ten guilty men go free than to imprison one innocent one.

      Tragically, in today's culture of politics dominated by fear, it almost seems like everyone is presumed to be guilty of something. That means the idea that it might be necessary to protect someone who might actually be innocent, or simply to leave them alone to live their lives without interference, is not given a lot of thought.

      • by Rhys ( 96510 ) on Wednesday January 28, 2015 @12:59PM (#48924853)

        The goal, if you had missed it, is to pass enough laws you're guilty of *something*. Then, if you get to be a problem, there's sure to be *something* to nail you to the wall with.

        • by Anonymous Brave Guy ( 457657 ) on Wednesday January 28, 2015 @01:07PM (#48924955)

          Well, if it worked for Cardinal Richelieu...

        • by bmajik ( 96670 ) <matt@mattevans.org> on Wednesday January 28, 2015 @03:53PM (#48926695) Homepage Journal

          #insert observations/law/drferris.h

          (preprocessed for your convenience)

          "Did you really think we want those laws observed?" said Dr. Ferris. "We want them to be broken. You'd better get it straight that it's not a bunch of boy scouts you're up against... We're after power and we mean it... There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted â" and you create a nation of law-breakers â" and then you cash in on guilt. Now that's the system, Mr. Reardon, that's the game, and once you understand it, you'll be much easier to deal with.â

      • ...it almost seems like everyone is presumed to be guilty of something.

        Must we quote Rand again? Regardless of whether you like her or dislike her personally, or agree with her philosophy or not:

        We're after power and we mean it... There's no way to rule innocent men. ...when there aren't enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or

    • Just like that zone of lawlessness inside of peoples minds that the pesky 5th amendment creates, think of all the criminals going free because we can't force them to incriminate themselves!

      Well, yeah. Remember that the Constitution's version of "due process" is not supposed to actually restrict the government, so much as it protects the people from the historical (at the time) abuses governments had commonly employed.

      The 5th Amendment protects against defendants being forced to create evidence against themselves. Remember the fun of the Inquisition, where the accused would be tortured or killed if they didn't confess? The 5th Amendment is a counter to that, and not much more. It's not a magic

      • by Githaron ( 2462596 ) on Wednesday January 28, 2015 @01:57PM (#48925575)

        Once you put information into anything except your own head, it's fair game for a subpoena or search warrant. Period. Encryption doesn't matter. You can be compelled to provide keys or passwords, because the keys and passwords themselves aren't evidence against you. They just unlock the evidence that already exists.

        Providing the password to potential evidence that is encrypted is self-incrimination.

        Let's say the justice system believes you are a drug trafficker. They believe you have drugs stashed somewhere in your house. With a warrant, they try and try but they just can't find your stash. Under the Fifth Amendment, they cannot force you to tell them where the stash is.

        Encryption is the same way. The encrypted container is the house; the evidence within that container is the drugs; and providing the password is the equivalent to telling them where the drugs are.

        If we pretend the self-incrimination part of the Fifth Amendment didn't exist, there are a lot of other issues.

        What if the evidence doesn't actually exist? What if what they believe is a encrypted container is actually a corrupt file or random noise? If the evidence does exist, what if the accused does not remember the details either by amnesia or simple forgetfulness? What if the acccused never had the password to begin with or use encrypted keys that no longer exist? Yes, the accused could be lying but how are you going to prove they are?

      • Well, yeah. Remember that the Constitution's version of "due process" is not supposed to actually restrict the government, so much as it protects the people from the historical (at the time) abuses governments had commonly employed.

        Then what protects us from the abuses governments currently employ? Oh, encryption.

    • by pr0t0 ( 216378 ) on Wednesday January 28, 2015 @01:19PM (#48925123)

      The DOJ made their bed.

      They continue to hoover-up massive amounts of data on everything from telecommunications to, as recently reported, vehicle movements, on everyone within and outside US borders. We are meant to trust that this data will not be abused by those who collect it, and that it cannot be hacked/modified/stolen by anyone else.

      We have no choice but to encrypt our data. We seemingly have no way to stop it's collection, and those who collect it have repeatedly shown themselves to be poor stewards of that data (lack of protection, accessed without warrant, etc.). They've transitioned their methodologies based on that data being available and unencrypted, and failed to prepare for the inevitable fact that data encryption would eventually become commonplace...with or without Snowden...because there are lots of bad actors in the world.

    • by mitcheli ( 894743 ) on Wednesday January 28, 2015 @01:33PM (#48925291)
      Has anyone considered looking at this from a Second amendment perspective? If we are not to pass laws prohibiting the right to bear arms in order to establish a proper militia, has it not been considered that the command and control of said militia would also be as equally important? If so, then would it not be fair to assume that military grade encryption standards (read: non-exportable encryption) would by nature also be protected weapons systems? Granted, I know that arms exports has a litany of laws and the average Joe American can't just walk down the street buy an over the shoulder rocket launcher, but one would think that the ability to communicate securely for defensive purposes would in and of itself constitute protection under the Second Amendment? Or am I just reaching here?
  • A quote (Score:5, Insightful)

    by TWX ( 665546 ) on Wednesday January 28, 2015 @12:10PM (#48924187)

    Rumsfeld [said], "Stuff happens... and it's untidy and freedom's untidy, and free people are free to make mistakes and commit crimes and do bad things. They're also free to live their lives and do wonderful things. And that's what's going to happen here."

    This was in the context of the Iraq war, when the United States kicked over the anthill that was Saddam's government and suddenly all the factions started tearing each other and their civilization apart.

    I do not normally agree with Donald Rumsfeld, and in the context of the Iraq war I definitely disagree with his decision to allow Iraq to destroy itself so thoroughly, but on the other hand if we're extending that freedom to people that we're actively in-confrontation with, then shouldn't we extend that freedom to ourselves?

  • by ganjadude ( 952775 ) on Wednesday January 28, 2015 @12:10PM (#48924193) Homepage
    they can no longer grab everything on everyone and actually have to go back to doing REAL police work. its so hard I tell ya, whatever did cops do about crime before smartphones???
    • by Lunix Nutcase ( 1092239 ) on Wednesday January 28, 2015 @12:14PM (#48924267)

      Warrantless [wikipedia.org] surveillance [wikipedia.org] just like they do now. It's scary just how correct Senator Frank Church was about the surveillance state after the Church Commission ended:

      In the need to develop a capacity to know what potential enemies are doing, the United States government has perfected a technological capability that enables us to monitor the messages that go through the air. Now, that is necessary and important to the United States as we look abroad at enemies or potential enemies. We must know, at the same time, that capability at any time could be turned around on the American people, and no American would have any privacy left such is the capability to monitor everything—telephone conversations, telegrams, it doesn't matter. There would be no place to hide.
      If this government ever became a tyrant, if a dictator ever took charge in this country, the technological capacity that the intelligence community has given the government could enable it to impose total tyranny, and there would be no way to fight back because the most careful effort to combine together in resistance to the government, no matter how privately it was done, is within the reach of the government to know. Such is the capability of this technology.

      I don't want to see this country ever go across the bridge. I know the capacity that is there to make tyranny total in America, and we must see to it that this agency and all agencies that possess this technology operate within the law and under proper supervision so that we never cross over that abyss. That is the abyss from which there is no return.[9][10][11]

      http://en.wikipedia.org/wiki/C... [wikipedia.org]

      • by jythie ( 914043 ) on Wednesday January 28, 2015 @12:29PM (#48924431)
        It is kinda sad how it has, in many ways, crossed that bridge,.. and the only thing that seems to stop it from going down a really dark path is the amount of infighting between the various institutions who want to be the winner in such a situation. Our government's own self destructiveness partisanship might be the only thing preventing a dictatorship at this point.
        • It is kinda sad how it has, in many ways, crossed that bridge,..

          It was inevitable. It's just like the plot of "If You Give a Mouse a Cookie". There was no way that giving the surveillance state just "a little power" was going to be all they ever wanted. Give the NSA an inch and they'll take a dozen miles.

        • Re: (Score:3, Informative)

          by silfen ( 3720385 )

          Our government's own self destructiveness partisanship might be the only thing preventing a dictatorship at this point.

          That is usually the only thing that keeps governments in check: government gridlock and incompetence are the friends of liberty. That's why calls from both the left and the right for more streamlined government, executive power grabs, etc. are so dangerous.

          When you vote, vote with an eye towards maximizing gridlock in Washington.

  • FUD (Score:5, Insightful)

    by Lunix Nutcase ( 1092239 ) on Wednesday January 28, 2015 @12:10PM (#48924201)

    OMG!!! The pedophiles and terrorists are going to run rampant!! It's not like they used encryption before or anything!

    Gotta love the flailing FUD as of late about encryption, reporting police officers on Waze, etc. The police state is definitely in full swing at this point.

  • Lawful Access (Score:5, Insightful)

    by UconnGuy ( 562899 ) on Wednesday January 28, 2015 @12:11PM (#48924209)
    I am not so concerned about the lawful access (i.e. not a secret court warrant). It's the abuse of power that continues with the executive agencies (NSA, CIA, FBI, DEA, local police, etc...) that I am concerned about. Until they are willing to stop the abuses, I have no problem making their jobs harder. Don't blame the tech companies for making your jobs more difficult. If you do it the right way, an encrypted phone won't be a problem during an investigation. A phone should not be the start and end of your case and investigation - it should only be an additional tool.
    • by Anonymous Brave Guy ( 457657 ) on Wednesday January 28, 2015 @12:29PM (#48924439)

      Your position seems reasonable enough from an ethical/moral standpoint. Unfortunately, in reality, a device or communication channel is either secure against a certain attack or it isn't. There is not and never can be a middle ground of being secure against a certain attack unless that attack has been lawfully authorised by a competent court.

      In short, if the government wants access to your encrypted information, even with appropriate oversight, then it must require your information to be insecure and therefore vulnerable to other parties accessing it as well. If the government wants to encourage security in communications, then it must accept that covert interception of those communications will no longer be possible. You can't eat your cake and have it.

      • by silas_moeckel ( 234313 ) <silas@@@dsminc-corp...com> on Wednesday January 28, 2015 @01:10PM (#48925007) Homepage

        Incorrect, if they want access to your encrypted information they may get a warrant, you can then defend yourself against said warrant by contesting it, a judge might hold you in contempt for not giving up the keys (that is a contempt to try and make you comply not a punitive one so is only supposed to be until they figure out your not going to). This is not what they seem to be worried about.

        They are worried about not being able to just take or use secret courts to access whatever they want. Pervasive encryption means they can no longer get all the info they want from the middle men who tend not to fight back much, use national security letters when even the secret courts wont give them a warrant. Having to use actual warrants served to the people effected who might fight them and use the media to shame them means they better have a good reason vs just fishing. You can also devise hardware and protocols that put a time limit on being able to decypt things that would limit the time held in contempt (simple one is a chip that holds the keys and erases them if it does not get a passcode every so often or looses power a basic extension on existing TMP).

        In short you can have secure encryption that the government could force you to let them access. It's messy, time consuming, and does not always work.

  • by QuietLagoon ( 813062 ) on Wednesday January 28, 2015 @12:11PM (#48924215)

    "We understand the value of encryption and the importance of security,"

    It is not just security, it is privacy. It is the freedom from governments and others snooping through my life.

    • But you might be a pedophile or terrorist, Citizen. Big Brother knows you're a criminal they just haven't caught yet.

  • Who started snooping without warrants? Bending rules? Breaking rules? Little sympathy towards authorities is left in the world.
    • by tnk1 ( 899206 )

      Sympathy for authorities, if something like that has ever happened, is an oscillation rather than something lost permanently.

      This tends to change based on perceived need for more control to protect against threats. If we all feel in danger, we'll go along with, or even celebrate certain activities that might be considered to be unacceptable at some other time. If we feel safe, then the imposition of authority on people will chafe, because it is intrusive and there is no counteracting threat to make it nec

  • by fustakrakich ( 1673220 ) on Wednesday January 28, 2015 @12:12PM (#48924241) Journal

    That would be all the corporate boardrooms, capitol buildings, and city halls, right?

    • by jythie ( 914043 )
      Nah, those are 'alternative law zones'. The law when you can fight back is very different from the law the rest of us live under.
  • by Anonymous Coward on Wednesday January 28, 2015 @12:13PM (#48924245)

    Guess what, the criminals you were trying to catch were already "flicking the switch" on the encryption before this became the "default" setting.

    The default setting came about because of your constitutional terrorism, wielding your Weapons of Constitutional Destruction to the detriment of the common man.

    You only have yourselves to blame for this effect.

  • Dear DOJ (Score:5, Insightful)

    by Virtucon ( 127420 ) on Wednesday January 28, 2015 @12:13PM (#48924249)

    Too Fucking Bad! Your entire administration and the one before it has demonstrated that you have absolutely no intent of defending the constitution especially where privacy and due process are concerned. To make this kind of statement while new stories of how you're tracking people's everyday movements even more you still complain that you don't get access because people and companies are defending themselves. Lawlessness? Fuck! Where have you been? There's already instances where evidence has been forged in cases to keep secrets of how information was obtained illegally and the DOJ has sanctioned it! Ms Cadwell, you're not the person who should be in the DOJ and you should resign immediately because you have your head right up your ass.

    • Your entire administration and the one before it has demonstrated that you have absolutely no intent of defending the constitution especially where privacy and due process are concerned.

      There was ever an administration that actually defended the Constitution, privacy and due process? This shit has been happening since at least John Adams.

      • Your entire administration and the one before it has demonstrated that you have absolutely no intent of defending the constitution especially where privacy and due process are concerned.

        There was ever an administration that actually defended the Constitution, privacy and due process? This shit has been happening since at least John Adams.

        That may be true, but it doesn't mean we should stop speaking out for our ideals.

        • I don't disagree, but we should stop pretending that any politician in the history of this country has actually cared about protecting the rights of anyone but their wealthy, powerful base.

        • The main difference was that before, people at least tried to pretend that that wasn't proper behavior, and maybe just occasionally thought before they violated it.

          Now they don't even care or try to pretend.

      • I think it went downhill with Teddy Roosevelt. [billofrigh...titute.org]

  • They shot first (Score:5, Insightful)

    by Anrego ( 830717 ) * on Wednesday January 28, 2015 @12:14PM (#48924265)

    They shot first, they eroded the trust to a point where people, not criminals or terrorists or pedophiles but ordinary law abiding people have stood up and said "we don't trust the government any more, nor the systems in place to protect our privacy, and so we have to take it into our own hands."

    The proliferation of wide spread encryption is almost a direct result of actions by the NSA, FBI, and friends. They brought this on themselves. If they want people to once again accept them as partners in protecting their rights rather than adversaries, they need to regain the trust they've lost.

    • Re:They shot first (Score:5, Insightful)

      by Kazoo the Clown ( 644526 ) on Wednesday January 28, 2015 @12:24PM (#48924385)
      Yes, we're trying to address the "zone of lawlessness" inside the NSA...
    • by Qzukk ( 229616 )

      They shot first, they eroded the trust to a point where people, not criminals or terrorists or pedophiles but ordinary law abiding people have stood up and said "we don't trust the government any more, nor the systems in place to protect our privacy, and so we have to take it into our own hands."

      If they're looking for a zone of lawlessness, they should check under their own feet first.

    • The whole idea of a "zone of lawlessness" has it all inside out.

      The law is supposed to exist to protect and to serve the people, not something that the people are there to serve and protect.

      In other words, you make and enforce laws when the lack of law causes problems. Not build laws and then expect people to move into them like they're a house, a reservation or a "free speech zone".

  • by popo ( 107611 ) on Wednesday January 28, 2015 @12:14PM (#48924269) Homepage

    The notion that liberties could be misused and potentially give way to lawbreaking behavior is never a justification for the repeal of liberty.

    We are always and everywhere free to break the law. That our social contract with government grants government the ability to prosecute law breakers ex post facto, does not equate to a wholesale license to restrict a liberty prior to its potential abuse.

    To jump to such a conclusion would equally justify a national curfew. After all, who knows what we might get up to after dark?

    Liberty by definition, always carries with it the potential for individual abuse.

  • You aren't allowed to look at just anything! - The Constitution
  • by WCMI92 ( 592436 ) on Wednesday January 28, 2015 @12:17PM (#48924319) Homepage

    Because it's SUPPOSED to suck. If the Founders intended government to be able to rifle through our affairs AT WILL they wouldn't have put the 4th Amendment into the Bill of Rights would they?

    • A contingent of the Founders were more than willingly to write up and pass the Alien and Sedition Acts [wikipedia.org] only . Seems they were quite as dedicated to that ideal as they have been made out.

      • Seems they *weren't* that is.

  • by wickerprints ( 1094741 ) on Wednesday January 28, 2015 @12:19PM (#48924327)

    "We understand the value of door locks and the importance of home security," she said. "But we're very concerned they lead not to the creation of what I would call a 'zone of lawlessness.'"

    Yes, you could get a warrant to enter a person's home, but in theory, only with probable cause--although law enforcement doesn't even bother with that anymore, under the guise of "national security" or "defending freedom" or "imminent terrorist danger" or some other vague excuse. Which is all the MORE reason why encryption is necessary, because unlike physical property, digital property deserves even greater protection from government intrusion, especially when the agents of that government--such as this lawyer--dare to openly speak the way they do. It proves the government is not trustworthy. Our private information is a record of our thoughts and actions in a way that physical property does not and cannot compare.

    The fact is, I'd rather risk the vague possibility of a terrorist threat than be subjected to the certainty of a tyrannical government. The real terrorists are those who use fear and propaganda to advance oppressive tactics, repeal individual rights and freedoms, all in order to enshrine power and money for themselves. As I have said about law enforcement: if you don't like that your job is "hard" or "dangerous" or made more so as a consequence of technology, that's your problem. It doesn't mean that law-abiding citizens have any obligation to facilitate the rolling back of progress so that you can stay lazy and expend the absolute minimum amount of effort required.

  • by Moof123 ( 1292134 ) on Wednesday January 28, 2015 @12:19PM (#48924335)

    Seems to me they are just jealous that the zone of lawlessness is excluding them from the picture. All was fine in their minds if the main law violators were mostly within the CIA/NSA/FBI/etc. Now that they have been cut out of the party they are spreading FUD like crazy.

  • by Kazoo the Clown ( 644526 ) on Wednesday January 28, 2015 @12:20PM (#48924351)
    I hear there are zones of lawlessness in people's homes and in various public spaces such as parks, parking lots, street corners and alleys, where people actually TALK to each other without being surveilled! And bad guys who talk in code so that even if they are being surveilled, it's as if their conversation is encrypted by their brains! Horrors, whatever shall we do! Think of the children!
    • This is just the natural outgrowing from ridiculous things like "Free speech zones" that too many people were more than willing to support.

  • Non sequitor (Score:4, Insightful)

    by hawguy ( 1600213 ) on Wednesday January 28, 2015 @12:21PM (#48924357)

    "We understand the value of encryption and the importance of security,"

    I do not think that phrase means what he thinks that means when the government's position is that all encryption needs a back door - NSA analysts have already shown that they'll use their access to data to invade privacy (i.e. looking up data of ex- girlfriends).

    Though I'm pretty sure this is just posturing by the government to give everyone a false sense of security, and that Google, Apple and others have provided secret back doors that they aren't allowed to talk about.

  • by DoktorMidnight ( 3469647 ) on Wednesday January 28, 2015 @12:22PM (#48924375)
    "We are concerned that there are minuscule gaps in our nearly universal panopticon. Therefore we will require that all devices be accessible by duly appointed authorities. We promise that this power will never be abused."
  • Archer: (Score:4, Funny)

    by Libertarian_Geek ( 691416 ) on Wednesday January 28, 2015 @12:24PM (#48924391)
    The zone will be one of danger.
  • by silfen ( 3720385 ) on Wednesday January 28, 2015 @12:25PM (#48924393)

    The reason we are using encryption more widely is because the US government has been spying on US citizens without lawful court orders. That is, Leslie Caldwell should be concerned about the "Zone of Lawlessness" at the FBI, the CIA, the NSA, and the Justice Department. Fix that, and then the American people might consider not using encryption anymore.

  • by nomad63 ( 686331 ) on Wednesday January 28, 2015 @12:26PM (#48924409)
    In order to ride everyone's asses, law enforcement wants things that they do not understand, to be served them on a silver platter. The point they are missing is, if the things are so easy that your donut eating run-of-the-mill cop can figure it out at any time they wish, the crooks, who are leaps and bounds ahead of them, as far as computer literacy goes, will do victory dances around those devices and rape the average Joe's privacy. Of course, where there is a choice between the public's privacy and ease of police operation, guess what trumps ? Or in other words, who has the big guns ? The people who have no idea what they are talking about, keep their pie holes shut, in my opinion, and from what I read so far, Leslie Caldwell is one of those people.
  • by jythie ( 914043 ) on Wednesday January 28, 2015 @12:26PM (#48924411)
    Encryption does not prevent lawful access to data. If law enforcement gets a court order they can always go the person and require them to decrypt something for search. What it does prevent is LEO going to 3rd parties and secretly getting unencrypted data, which is only 'lawful' because they have twisted things to do so. But search where the subject is aware and can examine the order? No change there.

    All common encryption does is prevent law enforcement from creating all sorts of new abilities and powers it did not have before, which is a very different thing.
  • by nucrash ( 549705 ) on Wednesday January 28, 2015 @12:29PM (#48924433)

    France in the 90s tried to legislate and outlaw encryption with only a handful of exemptions allowed. That killed investment in the country. Businesses can't function if you take away their ability to encrypt their data. The government can't allow open access to data. We must have these protections to allow businesses to function. If a company can not protect their data, they will cease to do business there. Think of how many well guarded secrets are out there because of corporate America. Our entire cyber-security industry is built on the idea that ideas can flow from one location to another without everyone prying on what is contained in the message. This should not end. This can't end.

  • by MitchDev ( 2526834 ) on Wednesday January 28, 2015 @12:32PM (#48924469)

    It's a zone of "Let's start limiting the power of the government like the Founding Fathers intended because you guys have overstepped your bounds a million-fold!"

  • Boo fucking hoo (Score:4, Insightful)

    by gstoddart ( 321705 ) on Wednesday January 28, 2015 @12:33PM (#48924487) Homepage

    "But we're very concerned they not lead to the creation of what I would call a 'zone of lawlessness,' where there's evidence that we could have lawful access through a court order that we're prohibited from getting because of a company's technological choices.

    You've demonstrated you can't be trusted. The CIA has proven they're willing to lie to Congress.

    So the reality is, you're all lying, thieving bastards who ignore the law and our rights.

    You got fucking probable cause and a warrant, show it. But you don't get blanket fishing expeditions just in case.

    Sorry, but you're asking for back doors to all forms of security ... which defeats the purpose of those forms of security in the first place.

    Go piss up a rope.

  • people met on the street and in taverns and in private rooms, completely beyond the ability of anyone to eavesdrop

    but enforcement against illegal activity proceeded by infiltrating groups and other methods

    it seems the feds are complaining they might have to actually engage in hard work

    do your damn job

  • If you don't know what is going on in a zone of privacy, then how do you know that it is lawless?

    Why is it any of your business to know what goes on in private?

    Windows blinds also create a Zone of Lawlessness! In the State of Arizona, for example, Windows Blinds would allow people to unlawfully have more than the state mandated maximum of two dildos per household! The sky will fall I tell you! Something must be done!
  • by hduff ( 570443 ) <hoytduff @ g m a i l .com> on Wednesday January 28, 2015 @12:47PM (#48924669) Homepage Journal

    Do you mean a zone of lawlessness where my Constitutional rights are violated in the name of "freedom"? Where law enforcement official engage in criminal acts to "protect" me? Where my privacy is illegally violated as a matter of policy?

    No thank you, Oberführer Caldwell.

  • Pot meet kettle (Score:5, Insightful)

    by augustz ( 18082 ) on Wednesday January 28, 2015 @12:54PM (#48924763)

    Pot meet kettle!

    What's happened is the government has changed lawful access to mean secret courts with secret warrants, mass hacking and surveillance of systems we use every day for commerce etc with zero or token oversight. This is the real zone of lawlessness.

    These systems can then be used for cyberstalking some ex, data sold to an investigator for profit, used politically to smear opponents etc, and result in innocent people blocked from flying, subject to extraordinary rendition, special measures interrogation techniques (ie, torture) etc without due process. If this happened in another country we'd call it extra-judicial lawlessness and condemn it.

    I think many people are supportive of lawful access. This means due process, within the court system, etc etc. Suspected of x, probable cause, warrant issued but briefly sealed, warrant executed and unsealed, ability to contest basis for warrant, knowledge of its execution and existence etc, etc. This system of due process exists for a reason - and is well articulated and well developed going back to our constitution and subsequent amendments etc.

    Our economy and society wins if we can rely on these systems to handle our searches for medical conditions, our emails to loved ones, confidential business information etc etc without massive invasions of privacy. Our economy and society win if we can count on the rule of law.

    Small wonder Google and Apple are resisting the secret "National Security Letter" no due process system the government has invented, or the direct hacking of their systems.

  • No, Ms Caldwell (Score:4, Insightful)

    by Applehu Akbar ( 2968043 ) on Wednesday January 28, 2015 @01:04PM (#48924927)

    The zone of lawlessness is created when you attorneys general will not indict cops for even the most radical forms of misbehavior. This behavior of course includes offenses that the little people regularly get nailed for, such as choking people to death on the street not in self-defense, plowing into a cyclist because you were texting, or (just this morning!) stealing nude images off women's cellphones and spreading them around for the lulz on social media.

  • by Hotawa Hawk-eye ( 976755 ) on Wednesday January 28, 2015 @02:25PM (#48925861)

    Ms. Caldwell, I have here a lockbox with one key. Please place a $20 from your pocket in the box, lock it, and you hold onto the key. How secure do you think your money is in that box? Do you want the government to mandate that it must have a key to that box?

    Now here I have a second key for that lockbox. I (representing the government) am the only one who has access to that key, so you should still feel relatively confident in the security of your money. \begin{JamesEarlJones}We are the United States Government. We don't DO that sort of thing. \end{JamesEarlJones} Do you still feel confident? Are you more or less confident in its security that you were in the first case?

    Whoops, I lost the second key or someone stole it from me. Anyone may have access to the second key now. Now how confident are you in the security of your $20? More or less than the first two cases?

    When we encrypt our data, we are basically putting it in a lockbox with one key, like the first case. You may think you're advocating for the second case, but a government-mandated "second key" will inevitably (and quickly) be compromised, resulting in the third case.

  • by Opportunist ( 166417 ) on Wednesday January 28, 2015 @02:25PM (#48925867)

    “When injustice becomes law, resistance becomes duty.”

    And yes, it's of course Jefferson.

    It's funny how the very own people who founded your country would probably be the ones that would rebel again against the way you fuck it up today!

  • by Chewbacon ( 797801 ) on Wednesday January 28, 2015 @03:09PM (#48926285)

    I'm amazed no one in the articles have ever stopped to think it's not just the government we should worry about? What about criminals who are by no means bound by the law? A dude breaks into your computer (or steals it) and he simply disappears in the shadow. The government steals your data, the spot lights come on, the media is all over it and they justify why and ultimately nothing happens to them. I'm just as worried about the fore.

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