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-Caveat Lector-

http://www.newsmax.com/archives/articles/2003/12/10/213653.shtml

NASA letter http://www.softwar.net/nist.html

Big Brother on Board
Charles R. Smith
Thursday, Dec. 11, 2003
OnStar Bugging Your Car

Would it surprise you to find out that the FBI might be able to monitor
private conversations in your car? A recent court case revealed that the FBI
used the popular OnStar system to do just that.

GM cars equipped with OnStar are supposed to be the leading edge of safety
and technology. OnStar has run a recent blitz of commercials citing helpless
motorists calling in with every type of emergency, from a heart attack to
locking the keys inside the car. In the advertising world, OnStar reacts
quickly by sending help or even unlocking the car.

However, buried deep inside the OnStar system is a feature few suspected -
the ability to eavesdrop on unsuspecting motorists.

The FBI found out about this passive listening feature and promptly served
OnStar with a court order forcing the company to give it access. The court
order the FBI gave OnStar was not something out of the Patriot Act involving
international terrorism or national security but a simple criminal case.

According to court records, OnStar complied with the order but filed a
protest lawsuit against the FBI.

Yet the FBI was able to enforce the original legal order and completed its
surveillance because OnStar's lawsuit took nearly two years to pass through
the court system.

The 9th Circuit Court of Appeals recently ruled in OnStar's favor. The
ruling was not based on invasion-of-privacy grounds or some other legitimate
constitutional basis. The FBI lost because the OnStar passive listening
feature disables the emergency signal, the very life-saving call for help
that the advertisements tout as the main reason to purchase the system.

"The precedent has been set," stated former Georgia Rep. Bob Barr.

"The grounds on which the 9th Circuit reached the decision were not on the
privacy aspects of the case. Under the CALEA [Communications Assistance to
Law Enforcement Act] laws, the FBI blocking of the emergency signal
constituted a breach of the consumers' contract."

The technical problem of blocking the emergency signal is clearly one that
the FBI tech teams can overcome. Thus, under the current ruling, the FBI can
resume using OnStar to monitor subject vehicles once it has solved the
emergency issue.

Open for Abuse

Further analysis of the OnStar design reveals that the FBI may not be the
only one listening in. According to my own electronics experts, foreign
intelligence services or even technically savvy organized crime groups could
invoke the passive OnStar feature.

The system used by the FBI for law enforcement purposes is open for abuse.
That abuse could span the spectrum of illegal operations from criminal
activity to commercial espionage to military espionage. It is not hard to
envision a foreign intelligence service using the covert OnStar feature to
monitor the conversations of unknowing government employees, contractors or
officials.

It would seem certain that the FBI should be concerned that its one-way
listening feature might be twisted into a tool for evil if it fell into the
hands of hostile nations or ruthless criminals. One would hope that law
enforcement would design these very expensive surveillance systems so they
cannot be abused.

"The abuse by others does not enter into question unless it is for
counter-espionage purposes," stated former Rep. Barr.

"As for the general public themselves, it is clear from the past history
that law enforcement is not concerned if these systems are abused."

Digital Pearl Harbor

There is historical precedent to back up Barr's claim. The Clinton
administration wanted to erect a multibillion-dollar monitoring system
called Clipper. However, the project had a major flaw that could have led to
a digital Pearl Harbor.

Attorney General Janet Reno wanted to monitor all American domestic computer
communications such as e-mail, using the Clipper "exploitable" feature to
secretly intercept and decode any messages.

Prime targets for monitoring would be foreign governments, banks,
corporations and individuals the Clinton administration felt were a threat.
The Clipper keys were to be held by Ron Brown's Commerce Department under a
project run by Assistant Attorney General Webster Hubbell.

In fact, it was the "exploitable" feature of Clipper that worried U.S.
government officials. FBI Director William Sessions wrote two major papers
to then-Clinton National Security Advisor George Tenet early in February of
1993. The FBI documents reveal that the Clipper system had flaws that could
compromise all the computers so equipped.

The FBI director wrote: "This design means that the list of chip keys
associated with the chip ID number provides access to all Clipper secured
devices, and thus the list must be carefully generated and protected. Loss
of the list would preclude legitimate access to the encrypted information
and compromise of the list could allow unauthorized access." The Clipper
flaw also worried other U.S. government officials.

In fact, NASA decided to decline to use any Clipper device.

In 1993, NASA Associate Administrator for Management Systems and Facilities
Benita A. Cooper wrote: "There is no way to prevent the NSA from routinely
monitoring all encrypted traffic. Moreover, compromise of the NSA keys, such
as in the Walker case, could compromise the entire system."

For those of you who do not remember, former Navy officer Jonathan Walker is
currently serving a life sentence for espionage because he gave the Soviet
Union the secret code keys to U.S. military communications.

In short, NASA pointed out that a single security breach by one agent would
have given total access to every computer in the United States to a foreign
power.

The desire to monitor all communications at any cost is well documented.
Despite the warnings in 1993 that the draconian Clipper system had an
Achilles' heel, Ms. Reno and VP Al Gore continued to pursue mandatory
Clipper designs for America right up to the end of the Clinton
administration.

For Whom the Booth Tolls

The Big Brother-like desire to monitor you does not stop with computers,
phones and OnStar. The state of Virginia recently revealed that it has used
electronic tollbooth systems for law enforcement surveillance.

The Virginia Smart Tag system is designed to electronically pay tolls,
allowing customers to speed through specially equipped booths. The Smart Tag
is a small electronic box about the size of a deck of cards that is attached
to a customer's windshield.

Angry lawyers and privacy advocates argued that the Smart Tag system could
be used against customers by law enforcement. The Virginia Department of
Transportation promised in several public statements that the system would
be used only for toll collection purposes.

That promise turned out to be a lie. Recent court actions forced the state
to reveal that the Smart Tag system had been used by law enforcement for
surveillance.

The systematic use of a toll collection process for surveillance brings into
question the move to nationalize the toll process with a single electronic
tag to pay any toll.

No Check - No Balance

Clearly, any surveillance system can be used and abused at the expense of
the general public unless there are checks that balance law enforcement's
need to know with the public's right to privacy. At the moment, those checks
and balances don't appear to be in place.

"The government's efforts to thus enhance its ability to listen in to our
conversations have moved into high gear in the aftermath of 9/11," stated
former Rep. Bob Barr.

"The Patriot Act granted law enforcement certain powers, including
administrative warrants that inhibit our ability to check to see that these
powers are used correctly," concluded Barr.

* * * * * *
RADIO AND TV SCHEDULE

Charles Smith will be on:

The American Freedom Network on Friday, 12/12/03, at 11 a.m. Eastern time.
Show information at http://www.amerifree.com.

The Jerry Hughes show on Friday, 12/12/03, at 3 p.m. Eastern time. Show
information at http://www.cilamerica.com.

The Phil Paleologos "American Breakfast" show on Tuesday, 12/16/03, the
Langer Broadcast Network, at 8 a.m. Eastern time. Show information at
www.dinershow.com.

The Jeff Rense show, Talk Radio Network, on Wednesday, 12/17/03, at 10 p.m.
Eastern time.

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DECLARATION & DISCLAIMER
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CTRL is a discussion & informational exchange list. Proselytizing propagandic
screeds are unwelcomed. Substance—not soap-boxing—please!   These are
sordid matters and 'conspiracy theory'—with its many half-truths, mis-
directions and outright frauds—is used politically by different groups with
major and minor effects spread throughout the spectrum of time and thought.
That being said, CTRLgives no endorsement to the validity of posts, and
always suggests to readers; be wary of what you read. CTRL gives no
credence to Holocaust denial and nazi's need not apply.

Let us please be civil and as always, Caveat Lector.
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