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Last week FBI Director James Comey at the Boston College conference on cybersecurity stated:
While that quote in the article is taken out of context, it is even more disturbing when taken in context. The included video puts the quote in context where Comey is arguing against widespread access to strong encryption with the public. There are other quotes included as well that are just as disturbing, such as:
Even our communications with our spouses, with our clergy members, with our attorneys are not absolutely private in America... ...In appropriate circumstances, a judge can compel any one of us to testify in court about those very private communications.
Is this the "adult conversation" on encryption he was getting ready for last year?
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FBI Director James Comey: "There is No Such Thing as Absolute Privacy in America"
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(1)
How come we never talk anymore?
(Score: 5, Insightful) by ikanreed on Thursday March 16 2017, @09:47PM (18 children)
You have always and forever been, under penalty of perjury or obstruction of justice, able to be forced to submit evidence or testimony to a court of law with a signed warrant, though case law gradually addressed edge cases, it's never been the case that you could legally refuse to allow warranted searches and seizures.
What's changed in the last 30 years that has people outraged:
*The set of things that law enforcement has access to without a warrant. The difference between typing a query into a database of "metadata" on a whim and a fishing expedition against someone you don't like is blurry, to say the least.
*The ease with which warrants can be issued in the absence of probable cause. We have courts that can issue pre-emptive, non-specific warrants not even knowing the suspect's identity. We have retroactive warrants than can apply to data captured days in advance.
*We have infrastructure in place to make spying trivial.
(Score: 0) by Anonymous Coward on Thursday March 16 2017, @10:10PM (3 children)
I don't know if it's still done but... Cops here used to carry signed blank warrants in their patrol cars.
(Score: 2) by Runaway1956 on Friday March 17 2017, @02:24AM (2 children)
You know - I've heard that many times. But, I've never heard or seen a reliable source for that common accusation. I'm not disputing that it happened, or even that it still happens. I'd just like to see some evidence that it's true. Photographs of half a dozen signed blank warrants in a cop's patrol car would help. A court case that establishes the practice as fact. Something. Basically, all I've ever seen or heard are anecdotes from questionably reliable sources.
(Score: 0) by Anonymous Coward on Friday March 17 2017, @04:15AM (1 child)
Yeah. I'll go with that.
Aren't judges required to log what warrants they issue and what those are for?
Even a Notary Public has to record what it is that he's notarizing.
This sounds like a good way for a judge to get censured, disbarred, and/or imprisoned.
-- OriginalOwner_ [soylentnews.org]
(Score: 0) by Anonymous Coward on Friday March 17 2017, @07:33PM
Even a Notary Public has to record what it is that he's notarizing.
Not in Illinois. A notary log is not required. I keep one, but not because I must by law. The lack of such requirement is actually written into the Illinois Notary Public Law. (Then again, Notaries in this state don't certify copies, either. You have to make a sworn statement that you made a faithful copy and that oath can be administered.)
I imagine there are other states that are similar. By and large a Notary only needs to ensure that he/she follows good and consistent practices that if called to attest to their own signature and stamp they can identify your practices.
About courts and logging documents.... That sounds right. But first clarify notary law across the fifty states. Then you can investigate what some district jugde in American Samoa can and can't do with warrants.
(Score: 4, Insightful) by mhajicek on Thursday March 16 2017, @10:17PM (7 children)
I believe it's self evident that panopticon is inevitable; the only question is the matter of who will have access to it. Since information is power, if the government has access but the people don't we will be subjected. If everyone can know everything about everyone, including those in the government, then power will be balanced.
Bearing that in mind, I think that the TLA's are aware of this, and are attempting to stay ahead of the curve by collecting more data on us than we can on them. This will likely be unsustainable.
The spacelike surfaces of time foliations can have a cusp at the surface of discontinuity. - P. Hajicek
(Score: 2) by mhajicek on Thursday March 16 2017, @10:19PM
*Subjugated*
The spacelike surfaces of time foliations can have a cusp at the surface of discontinuity. - P. Hajicek
(Score: 4, Insightful) by Anal Pumpernickel on Friday March 17 2017, @12:01AM (3 children)
I believe it's self evident that panopticon is inevitable
With that attitude, maybe. But all this equipment requires massive amounts of money, and The People could put a stop to it if they really wanted to.
If everyone can know everything about everyone, including those in the government, then power will be balanced.
A society with no or little privacy isn't one worth living in. Let's not embrace such nonsense.
(Score: 2) by Azuma Hazuki on Friday March 17 2017, @02:55AM (1 child)
What do you suggest? If this goes too far and gets too integrated, stopping it will require essentially committing electronic suicide, blowing out huge swathes of the electric grid with homemade EMP weapons.
I am "that girl" your mother warned you about...
(Score: 1, Interesting) by Anonymous Coward on Friday March 17 2017, @08:13AM
But does anyone actually have EMP weapons that will destroy rather than disable sufficient quantities of electronic devices to render digital society crippled?
The majority of permanent EMP disruption I have read about required it to be absorbed into the power grid and cause a voltage surge through equipment assuming 110-220V without fuses or current limiting devices.
This means most wireless devices would be safe. Any unplugged devices would be safe, any devices running on solar, generator or other off-grid power systems would be fine (not enough wire to inductively couple and cause a sufficient surge to disrupted/destroy.)
Maybe my understanding is wrong, but pretty much everything I've read has stated the sort of movie-esque 'everything goes offline thanks to an EMP' actions shown, even from an airburst nuke, would not cause the level of disruption spread in the media made off 50s era assumptions about electronics.
(Score: 2) by mhajicek on Friday March 17 2017, @06:35AM
As technology progresses, surveillance only becomes cheaper and easier. Also, it's not up to me what the TLA's spend my money on.
The spacelike surfaces of time foliations can have a cusp at the surface of discontinuity. - P. Hajicek
(Score: 0) by Anonymous Coward on Friday March 17 2017, @02:02AM (1 child)
I wanted trump to win because I thought he was most likely to be overthrown, I still hope that is true.
(Score: 0) by Anonymous Coward on Friday March 17 2017, @04:19AM
Then what? Mike Pence?
Sure that's what you want? [google.com]
-- OriginalOwner_ [soylentnews.org]
(Score: 0) by Anonymous Coward on Thursday March 16 2017, @10:58PM
No warrants should be respected. Encryption, anonymity, and the global internet make that feasible in some cases.
(Score: 4, Insightful) by edIII on Thursday March 16 2017, @11:15PM
That was my first reaction as well
Absolute is a pretty big statement. The whole thing is reasonable though. What Comey here is admitting though, admittedly implied, is JUDICIAL REACH MEANS DUE FUCKING PROCESS. The FBI, CIA, NSA, TSA, etc. are not the judicial branch, but the executive if my memory of civics serves.
I'll agree with him in principal, but expand on it. We the people, in the interests of our security, can and will violate the privacy of other citizens but under the judicial branch, with a jury of their peers, being convinced beyond a reasonable doubt that the privacy must be violated in our order to provide justice and security to our nation and our citizenry.
Of course, a priest, spouse, or attorney would disagree and perform civil disobedience. He is still however technically correct, but once again falls under the Judicial branch and the Constitution of the United States Of America. Which is to say we aren't sending priests to prison for refusing to divulge what happens in the confessional. A judge will not attempt to compel them that far unless there are serious national security matters.
The term absolute messes it up a little because he is limiting the scope of the arguments to the extreme edge cases where national security is on the line. Note that was national security, not national security theater. Which is why I would only agree that we would not have privacy in absolute terms from each other, but only with at least 12 other citizens agreeing with the judge.
Even then, technology can provide absolute privacy, and nearly perfect anonymity with proper implementations, and currently, there does exist very strong encryption not trivially bypassed. For Comey to attack that, is to attack Pandora's Box which can only result in censorship, illegality of information, and criminalizing possession of specific 1's and 0's. Has the dumb fucker even heard of the Elastic Clause? It's the pressure valve for fascist stupidity like this that is supposed to make us step back and realize that it cannot be controlled because it's all of us.
He's still going to burn in hell for his conspiracy to violate our privacy. Fucking fascist.
Technically, lunchtime is at any moment. It's just a wave function.
(Score: 2) by Runaway1956 on Friday March 17 2017, @02:39AM (2 children)
Your mind is outside of judicial reach, outside of any method of search and seizure. Government cannot forcibly extract information from your head. Yet, at least. You can keep secrets, even in court. The judge may believe that you are being less than honest, but unless he can prove it, he has no authority to punish you.
Many politicians have given you the example. "I don't remember" "I don't recall" "My memory fails me" "I was under doctor's care for a blood clot" - the list goes on and on.
I view a computer as an extension of your mind. A locked computer is pretty nearly sacrosanct, unless you're dumb enough to use sloppy security.
(Score: 0) by Anonymous Coward on Friday March 17 2017, @03:36PM (1 child)
2 things:
- being offered immunity "takes away" (as in "renders moot") your reasons for taking the fifth
- contempt of court is a real thing that can land you in a real prison
(Score: 2) by Runaway1956 on Friday March 17 2017, @03:47PM
Well, being offered immunity doesn't grant the judge the power to read my mind. The cops don't become mind reading super heroes. What is in my mind, stays there, unless I decide to share it. That contempt stuff can be a good thing, and it can also be abused, like any other law.
Let's suppose that I were involved in something, for which I am charged at the local level. I'm offered immunity at the local level, but if I tell all, I know that the whole thing will be taken out of the local court, and prosecuted on the federal level. Think I'm going to cooperate?
It's all well and good to throw yourself on the mercy of the court, at local and state levels. The feds have no mercy. It may be better to sit in a county jail for a year, than to give the evidence that the local want. State prison might be better for a couple of years, than having one of the alphabets haul you off.
I'll stick with "my thoughts are my own", and use them however I deem best. If that means figuratively telling a judge to fuck off and die, then I live with the consequences.
(Score: 3, Informative) by Kromagv0 on Friday March 17 2017, @12:30PM
My issue is not with the appropriate due process where individuals can be compelled to testify, or the legal granting of warrants for search and seizure but instead with his blanket statement that appears to exclude attorney–client privilege [wikipedia.org], spousal privilege [wikipedia.org], or 5th Amendment rights [wikipedia.org]. The fact that he holds encryption out as something that has broken that legal balance and in the video all of his previous statements are used to make people who use encryption to protect their privacy out to be people who are there to circumvent the law is what I find disturbing. This is because he starts out with the false premise that the government can always get at the communication data they want when clearly this is not and never had been the case.
T-Shirts and bumper stickers [zazzle.com] to offend someone
(Score: 1, Interesting) by Anonymous Coward on Thursday March 16 2017, @09:56PM
I feel like a broken record these days.
(Score: 2) by mendax on Thursday March 16 2017, @09:59PM (7 children)
There is a constitutional right to anonymous communications in the United States. It has been affirmed by the Supreme Court on at least two occasions that I can think of, the last time in the early 2000's. Encryption is a method of ensuring both privacy and anonymity. I wonder if Comey is aware of these facts. Comey has also apparently not figured out that encryption is an all-or-nothing proposition. Encryption cannot exist with backdoors for the government to use.
It's really quite a simple choice: Life, Death, or Los Angeles.
(Score: 0) by Anonymous Coward on Thursday March 16 2017, @10:07PM (6 children)
Fascists don't care about laws, they seize power and force through whatever they want.
(Score: 2) by mendax on Thursday March 16 2017, @10:23PM (5 children)
Yeah, but so far the Constitution system seems to be working pretty well. The courts are doing their jobs, and I think Trump is going to find Congress pushing back once they tire of having to cover for his excesses.
It's really quite a simple choice: Life, Death, or Los Angeles.
(Score: 0) by Anonymous Coward on Thursday March 16 2017, @10:55PM (4 children)
You apparently don't see the same news that the world outside the US does, then. Your government has been treating your constitution like bog roll for some time now.
(Score: 3, Informative) by MostCynical on Thursday March 16 2017, @11:28PM
Mendax forgot to add "because no one I know has become a victim of judicial or executive overreach"
"I guess once you start doubting, there's no end to it." -Batou, Ghost in the Shell: Stand Alone Complex
(Score: 0) by Anonymous Coward on Thursday March 16 2017, @11:34PM (2 children)
You only say that because you disagree with the Judicial decisions that have been made as of late. The only ones treating our constitution like toilet paper are the Orange One and his clown cadre, oh and you of course.
(Score: 5, Insightful) by Anal Pumpernickel on Friday March 17 2017, @12:14AM
The only ones treating our constitution like toilet paper are the Orange One and his clown cadre, oh and you of course.
The NSA is and has been (this certainly didn't start under Trump or even Obama, though they both support it) conducting unconstitutional mass surveillance on the populace. The TSA violates people's rights in airports. Border agents violate people's rights even if they are far away from the border. The federal government is waging an unconstitutional war on drugs (even for transactions that take place completely within a particular state), even though the Constitution does not grant them the power to do such a thing. The Unpatriotic Act permits all sorts of additional unconstitutional surveillance. Thug officers steal people's property without any due process and call it "civil forfeiture". We still have - in the 21st century - laws against obscenity, even though they blatantly conflict with the first amendment. The government issues NSLs to force people to remain silent about its (possibly unconstitutional) activities, which is yet another violation of the first amendment. There are countless more ways that the government violates the Constitution, and it's too tedious to list them.
Who could be so delusional as to think that the government is respecting the Constitution, or that it ever even did to begin with? It's not just Trump who is ignoring the highest law of the land.
(Score: 0) by Anonymous Coward on Saturday March 18 2017, @02:32AM
Your partisanship clouds not only your vision, but your judgement. "The world would be a perfect place if Trump hadn't won. The world would be better than perfect if Hillary had won."
FFS, wake the hell up. Trump and Hillary are similar creatures, with Trump being the less evil of the two.
What makes Trump better than Hillary? 1. Trump's distrust of the media, for starters. The media has warped minds, such as your own. The media is poison. 2. Trump's distrust of the intel communities. Past presidents seem to have taken the word of the NSA/CIA/FBI/whatever at face value - except for Bush who took the intel's word, then painted it up to be ten times worse than it was. 3. Trump has never displayed a willingness to be bought and paid for. 4. Trump has already thrown sand into the gears of the military industrial complex, and seems likely to throw a monke wrench or ten into the works as well. 5. Trump is far less likely to invade any contries than any other candidate was. 6. Trump gives at least a small damn about the little, common people. He wants to bring jobs back to the US, he wants to see "living wages" paid for real work.
Get over your partisanship, and try to refute those six points. And, stop excusing Hillary's criminal acts. In short, stand up and act human - stop being a sheep.
(Score: 2) by chewbacon on Thursday March 16 2017, @10:18PM (19 children)
We, that is the apparent majority of Americans, are all terrorized and willing to give up our rights to feel safe, yet that feeling is futile.
(Score: 1, Flamebait) by Ethanol-fueled on Thursday March 16 2017, @10:26PM (18 children)
I wouldn't say futile. There is a power-struggle underway in American intelligence and there are still a lot of good guys still in there. Through a combination of gross negligence and eating each other alive, we are still going to get more leaks.
The deep state is desperate and is shitting its pants, which is why you see all of the rats (media, former intelligence, complicit academia, paid protesters) coming out of the woodwork. The true patriots will prevail.
I just wanna see all those fucking leaks released already.
(Score: 0) by Anonymous Coward on Thursday March 16 2017, @11:10PM (17 children)
The only deep state is the state officials deep up The Orange One's arse. Care to join? They're taking invitations.
(Score: 2, Funny) by Ethanol-fueled on Thursday March 16 2017, @11:36PM (16 children)
I would gladly Join team trump so that I could rip the liberal tumors one by one out of my beloved country.
Liberal punks are so cute thinking that they can beat us. [youtube.com] We've been tolerant of your whining up until this point, but when we fight back, you're gonna be hurtin' after you and your cowardly buddies retreat.
(Score: 0) by Anonymous Coward on Friday March 17 2017, @12:26AM (5 children)
What is your great winner's track record again? No wall, no ban, no trumpdontcare and no budget. So far we've been rather successful in stopping him. Republicans think they're going to succeed, but the infighting will prevent anything that the orange one has promised. So keep raging against the non-existent deep state and we'll watch the fireworks as your dreams of a great America are dashed against the reality of our democracy in action.
And no, that video is not cute. Those individuals are just as incorrect in their methods as you are. Not all of us resort to violence and threats to get our point across. Some call our congress people and tell them what they want, and some (admittedly not many since this election cycle) actually listen to their constituents. A politician who does not listen to all of his constituents will not be a politician for long.
(Score: 0) by Anonymous Coward on Friday March 17 2017, @02:33AM
Ethanol is just mad because he hasn't come out of the closet yet. He just wants some cute liberal action. Conservatives are such bad fuckers, you know. They also suck at humor. And they are not too smart. And, they will loose. They will loose it all.
(Score: 1) by Ethanol-fueled on Friday March 17 2017, @02:38AM (3 children)
Hahahahah...despite your shallow threats, your death rattle [theintercept.com] is close at-hand.
Lies and propaganda have worked in the past, but folks are too smart for that now. We have the U.S. military and the Excalibur of truth on our side.
You have nothing but a bunch of self-destructive indoctrinist bullshit and a bunch of wimps who until now were calling the Constitution an antiquated document and firearms evil incarnate. Well, we were calling your KKK-style attacks on free-speech evil incarnate, and now all of a sudden your kind are in support of the very things you hated now that you're at the losing end. You're worse than the most ignorant backwater flyover rednecks, because they had principles and stuck to them while you betrayed yours in an instant.
This is gonna be good.
(Score: 2) by Azuma Hazuki on Friday March 17 2017, @02:59AM
Eth...you're starting to forget the first rule of drug dealing, which is your case should read "don't huff your own jenkem." You're trying too hard.
I am "that girl" your mother warned you about...
(Score: 0) by Anonymous Coward on Friday March 17 2017, @03:24AM (1 child)
You're right that it will be good... You're just mistaken as to who will prevail in the end. Yup the Republicans are doing really "good" jobs at the propaganda. Good was in scare quotes. They are failing miserably. No wall to save us from the big bad Mexican rapists, they didn't put the most corrupt politician since the other Clinton in jail, twice failed to save us from Radical Islamic Terrorists, no trumpdontcare to save us from the abysmal failure of ACA and no budget to save us from the horror of a run away deep state. The Orange One is burning bridges in his own party and will stand naked and alone when the inevitable happens and the moderate Republicans (it's not an oxymoron as much as it sounds like it) stop putting up with his impulsivity and stop protecting him.
But you have swallowed his lies aka campaign promises like they where candy because you hate those damn librils so damned much it makes you soooo angry. You have anger issues and a loose grasp of reality. You don't listen to me now but remember my words. You will regret your beloved party ever having sold its soul to the proverbial devil. Enjoy your fun while we try to stop this train wreck.
(Score: 1) by Ethanol-fueled on Friday March 17 2017, @04:48AM
Surrender, lefty.
You can speak all the words you want to, but your buddies will still act violently against free speech. Let them do so. If they had been moderate and constitutionalists in the first place, we would not be in this situation. There would not be a backlash agsinst your kind, because we would not be physically attacking each other. We would have been in a moderate America united against extremist speech where people united for their own best interests fought against a common enemy. They would have put up a winning battle to fight for a winning candidate not anointed by the elites.
But no, your buddies fellated the party line and dug their own grave and now they must sleep in it...or fight a losing battle against those who know how to fight. And, hint: your buddies don't know how to fight. Leftists are effeminate faggots who know how to show up to a rally. Rightists have military and other combat training.
You can work with us, or against us...but rightists have our best interests in mind and extend the glad hand for you to help us to find a common-ground. We're not useful idiots like you are.
(Score: 0) by Anonymous Coward on Friday March 17 2017, @02:15AM (5 children)
I would gladly support death camps for all people with IQ's less than 135 because those people are the problem.
(Score: 0) by Anonymous Coward on Friday March 17 2017, @02:34AM
> death camps for all people with IQ's less than 135
Bullied much in high school?
(Score: 2) by Azuma Hazuki on Friday March 17 2017, @03:00AM (3 children)
As someone who wouldn't be sent to one of those...screw you. A person's worth is not measured solely by their intelligence, and IQ is a crap proxy for someone's intelligence as it is. It measures a specific subset of verbal and mathematical reasoning, mostly in an English-speaking and Westernized milieu. Intelligence has many more facets. If you're serious about this, well, you're just another example of why INT and WIS are two different stats.
I am "that girl" your mother warned you about...
(Score: 0) by Anonymous Coward on Friday March 17 2017, @04:06AM (1 child)
well it's a better value than most of the arbitrary things people are murdered over it would make the world tangibly better, it would get rid of pretty much all elected officials all of the plutocrats and most people that support fascism.
no kkk no fascist usa, the only way to achieve this is to eliminate all of the people that collaborate with the fascists, the dutch did it after wwII but the stupid people in the US hired the SS because scarey socialists, the result is what we have now violent police state
as someone that should be eliminated you should think that your sacrifice will make things better for those that remain, that would make you a not sociopath but the reality is you are a sociopath and have no value as a human
(Score: 2) by Azuma Hazuki on Friday March 17 2017, @05:30AM
If those charts correlating IQ with GRE scores are correct mine is 145, so in your scheme I'd escape your little death camps. What you, with your presumably Promethean IQ, don't seem to have realized, is that by doing this you become precisely as bad as all those violent people you call stupid, and in many ways worse, because *you ought to goddamn know better, genius.*
I am "that girl" your mother warned you about...
(Score: 0) by Anonymous Coward on Friday March 17 2017, @04:24AM
If he's serious about this, he's probably not intelligent at all. He has neither wisdom nor intelligence, regardless of what his IQ (which is pseudoscience) may or may not be.
(Score: 0) by Anonymous Coward on Friday March 17 2017, @03:15AM (3 children)
Come at me bro. Some of us you intend to "fight back" against also have guns. It will be a good day to die the day you think you can throw me into a concentration camp.
(Score: 0) by Anonymous Coward on Friday March 17 2017, @04:18AM
It is a good day to die when you realize that your existence is damaging to everyone around you, suicide is not only an option it is a responsibility.
(Score: 1) by Ethanol-fueled on Friday March 17 2017, @04:51AM (1 child)
We don't want to fight you, but wish to join with you with common ground to work for mutual interest.
Although if you wish to fight against us, we will win. [soylentnews.org]
(Score: 0) by Anonymous Coward on Friday March 17 2017, @03:04PM
Then stop advocating directly for violence... Pretty sure your mother would cry for a week straight if she saw the shit you post online.
(Score: 1, Insightful) by Anonymous Coward on Thursday March 16 2017, @10:20PM (1 child)
Uh... so the law says we can compel these people to testify. No need to infiltrate their every thought for that. This guy is a walking affront to constitutional rights and due process.
If I'm on an encrypted line to my priest, and make a confession, then you can either compel the priest to testify, or go away. Does Comey stand outside confessional booths with a stethoscope, too?
Eh, who am I kidding. He would if he had to.
(Score: 0) by Anonymous Coward on Friday March 17 2017, @04:15AM
(Score: -1, Flamebait) by Anonymous Coward on Thursday March 16 2017, @10:54PM (1 child)
So let me get this straight: It's bad when Big Brother makes sure people behave, but when Snowden (aka Russia) and Assange do it, you guys all cheer.
The reality is that there's always going to be someone watching you, whether it's the tribal king impregnating your wife on your wedding night in 3000BC, priest in the confessional in 800AD, or the rootkit in your phone in 2017.
Wake up you morons. You don't get to pick what kind of privacy you get. You never got to. That's humanity.
(Score: 0) by Anonymous Coward on Thursday March 16 2017, @11:02PM
We can pick who to kill first, second, third, fourth....
(Score: 2) by takyon on Friday March 17 2017, @12:12AM
from a violently imposed meme-opoly?
Anyway, I think I will maintain an updated list of Comey stories [soylentnews.org] on my journal soon. Maybe expand it to include Theresa May or others. Don't want to lose track of the ongoing travesties.
[SIG] 10/28/2017: Soylent Upgrade v14 [soylentnews.org]
(Score: 0) by Anonymous Coward on Friday March 17 2017, @12:17AM
Maybe with a forced brain scan one could figure out what one is thinking.
but so far, that is an unreasonable search.
If Comey thinks otherwise, he's not the reasonable everyman he portrays himself to be.
(Score: 0) by Anonymous Coward on Friday March 17 2017, @02:11AM
I'm allowed to say whatever I want, in any language. What, you can't understand me? I guess we speak a different language.
(Score: 2) by Lester on Friday March 17 2017, @09:31AM
Out judicial reach? or outside police and government reach with no judicial control?
(Score: 0) by Anonymous Coward on Friday March 17 2017, @05:53PM
But there is such thing as a strawman argument in the USA.