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Judge Rules FBI Can Hack Your Email (Here’s How You Stop Them)

TOPICS:Civil Liberties <http://www.activistpost.com/tag/civil-liberties>FBI
<http://www.activistpost.com/tag/fbi>Hacking
<http://www.activistpost.com/tag/hacking>Mark Nestmann
<http://www.activistpost.com/tag/mark-nestmann>Privacy
<http://www.activistpost.com/tag/privacy>Surveillance
<http://www.activistpost.com/tag/surveillance>

August 22, 2016

[image: Description: FBI hacking]

By Mark Nestmann, The Nestmann Group
<http://www.nestmann.com/affiliate/?p=actv&w=actp-tbyr-ban1>

What’s the biggest threat to your civil liberties?

Is it Congress crushing every loophole you grasp at for privacy?

That’s a nightmare, but there are bigger.

Is it the rise of presidential candidates who pledge to dismantle
fundamental legal protections?

Good guess, but still not there – besides, previous occupants of the White
House destroyed those already.

The biggest threat to your civil liberties are judicial decisions and the
actions of unelected bureaucrats. Often, the deep effect of these is
unclear for months or even years.

One example is a recent decision
<https://assets.documentcloud.org/documents/2897490/Matish-Order.pdf> by
federal judge Henry Morgan, Jr. Morgan ruled that Americans have no
“expectation of privacy” in their internet protocol address (IP address), a
unique identifier for a computer, smart phone, or other electronic device
connected to the Internet.

You lose your privacy even if, as the suspect did in this situation, you
employ defensive measures to avoid revealing your IP address, such as using
a virtual private network (VPN).

According to Morgan’s analysis, while the FBI had a warrant to conduct a
search of the suspect’s computer, *they didn’t really need it*. Why not?
Morgan reasoned since hackers can break into computers, police can too.

The effect on all our liberty will be devastating.

In other words, you have no expectation of privacy against a warrantless
government search, you also have no expectation of security if you take
measures to avoid one.

Based on that reasoning, because people get shot all the time in America,
police can shoot anyone they want?

What about your home? About a decade ago, burglars broke into mine and
stole my television, stereo, and personal computer (fortunately secured
with software encrypting the entire hard drive). Morgan’s decision
indicates that since homes get burglarized, police can break into anyone’s
home to search for evidence, *without a warrant*.

It gets worse. As absurd as Judge Morgan’s ruling is, the Supreme Court has
approved an obscure change in Rule 41
<https://www.law.cornell.edu/rules/frcrmp/rule_41> of the Federal Rules of
Criminal Procedure
<http://www.uscourts.gov/file/document/rules-criminal-procedure> that would
enshrine the hacking he approved – albeit with a warrant – into law. At the
FBI’s request, the Court ruled
<https://www.theguardian.com/technology/2016/apr/29/fbi-hacking-computers-warrants-supreme-court-congress>
in May federal judges may issue nationwide “hacking warrants” if criminal
suspects have made any efforts to hide their location.

Of course, that’s exactly what a VPN is designed to do.

In other words, if you don’t use a VPN, it’s open season for hackers on
your PC or smartphone. And if you do use a VPN, it’s open season for the
FBI.

The new rules go into effect December 1 – unless Congress blocks them.
While the vast majority of our congressional members are spending most of
their time campaigning for November re-election, a handful of them have
promised to block the changes to Rule 41.

Will Congress block these rules? I wouldn’t count on it. As always, if you
want privacy or security, you must rely on you. Your only choice is to *protect
yourself.* But how?

As is often the case, some of the best solutions are outside the
politically charged atmosphere of the US.

First, subscribe to a robust VPN to encrypt the data stream on your
smartphone and your PC. The one the FBI has apparently compromised is named
“Tor,” originally developed by the US Navy. Some friends of mine who know
much more about encryption than I do tell me it’s not Tor itself that has
been compromised, but rather users’ implementation of it. Personally, I
think this distinction is irrelevant for anyone other than encryption
techno-groupies.

Instead of Tor, the VPN we use at The Nestmann Group is called “Cryptohippie
<https://secure.cryptohippie.com/>.” The company’s only US presence is to
authenticate connections to Cryptohippie servers in other countries. None
of Cryptohippie’s servers are in the US. While I have no way of knowing if
Cryptohippie is more or less secure than Tor, it is much less well known
and thus likely to be a less attractive target for hackers (including
government sanctioned ones) than Tor.

Second, use an email program that facilitates transmission of encrypted
messages. My personal choice is Thunderbird
<https://www.mozilla.org/en-US/thunderbird/>, along with a free plug-in
called Enigmail <https://www.enigmail.net/index.php/en/>. Once you exchange
encryption keys with the people you correspond with, Enigmail automatically
encrypts and decrypts your messages. What’s more, the messages are
permanently encrypted on the server on which they reside. Even if a hacker
manages to penetrate the server itself, the content of the messages remains
secure.

Third, if you use webmail services, ditch US providers such as Gmail,
Yahoo, etc. Use a non-US service that is serious about security and
encryption. We use a company called Century Media
<https://www.centurymedia.co.uk/>, which has its servers in Switzerland,
for this purpose, but there are many other choices.

A good time to begin securing your electronic life would be today. The US
government certainly isn’t going to do it for you.




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