Re: FBI announcement on email search 'Carnivore'

2000-07-13 Thread Damien Miller

On Wed, 12 Jul 2000, David Honig wrote:

 For $500/monthly you too can have a box in various NAPs.  You can
 run your NIC in Bill Clinton mode, e.g., to measure certain
 things about traffic.   I know of a corporation doing this (they
 are only interested in infrastructure traffic, not content).
 
I find it difficult to believe that NAPs aren't using a switched
architecture, which should make this sort of thing much more difficult 
(barring ARP tricks).

-d

-- 
| "Bombay is 250ms from New York in the new world order" - Alan Cox
| Damien Miller - http://www.mindrot.org/
| Email: [EMAIL PROTECTED] (home) -or- [EMAIL PROTECTED] (work)







Re: FBI announcement on email search 'Carnivore'

2000-07-13 Thread Ben Laurie

David Honig wrote:
 
 At 10:58 AM 7/12/00 -0400, Steven M. Bellovin wrote:
 There's been speculation about NSA black boxes in such facilities for
 years. The FBI, however, isn't quite as "above the law" as the NSA likes
 
 For $500/monthly you too can have a box in various NAPs.  You can
 run your NIC in Bill Clinton mode, e.g., to measure certain
 things about traffic.   I know of a corporation doing this (they
 are only interested in infrastructure traffic, not content).

Dunno about you, but we use switches for colo - which rather defeats
this plan, no?

Cheers,

Ben.

--
http://www.apache-ssl.org/ben.html

Coming to ApacheCon Europe 2000? http://apachecon.com/




Re: FBI announcement on email search 'Carnivore'

2000-07-13 Thread Meyer Wolfsheim

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On Wed, 12 Jul 2000, Jeffrey I. Schiller wrote:

 I suspect that the reason they would want Carnivore as opposed to
 looking at spool files is that it is less invasive then looking at spool
 files, isn't dependent on the technology choices made by the ISP and
 finally its operation is beyond the ISP's examination.

Exactly. From what we're lead to believe, Carnivore discards all packets
that aren't email, then discards all emails that aren't covered by the
warrant. However, Carnivore must be monitoring *all* traffic in order to
make those determinations. Therefore, the privacy of every individual and
organization utilizing a network on which a Carnivore resides is being
violated.
 
 "Here just connect this to your network and we'll take it from there."

I have to admit, it is the simplest, easiest way to achieve the goal.

 I wonder how we find out more (FOIA), the descriptions I have heard so
 far (its a sniffer) seems a bit onerous. Big Brother at his best!

Is someone filling a FOIA request for this?


- -MW-
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RE: FBI announcement on email search 'Carnivore'

2000-07-13 Thread Rodger, William

Jeffrey Schiller asked:

 
 I wonder how we find out more (FOIA), the descriptions I have heard so
 far (its a sniffer) seems a bit onerous. Big Brother at his best!

At least one group I know of has filed a FOIA for details. Perhaps we'll get
information in a few weeks. Or maybe they will just have to go to court.

Stay tuned.


Will Rodger Voice +1 703 558 3375 
Technology Reporter   Fax +1 703 558 3981 
USATODAY.com http://tech.usatoday.com 
 PGP 584D FD11 3035 0EC2 B35C  AB16 D660 293F C7BE 3F62  

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RE: FBI announcement on email search 'Carnivore'

2000-07-13 Thread Meyer Wolfsheim

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On Wed, 12 Jul 2000, Rodger, William wrote:

 Meyer wrote:
  
  I guess this explains the FBI's opposition to the Verio 
  merger. I wonder
  if a colocation company or service provider could be forced 
  to disclose
  its participation in the Carnivore project. 
 
 Not unless compelled by the government.

Even if a prior court order was issued, mandating that they not
disclose their cooporation with the FBI?

  There's been speculation about NSA black boxes in such facilities for
  years. The FBI, however, isn't quite as "above the law" as 
  the NSA likes
  to think it is. What would the legality of operation a random email
  sniffer be? 
 
 It wouldn't be. The FBI needs to show a judge that email is at least
 relevant to an investigation and, in most cases, there is probable cause to
 believe a crime has been commited -- random emails don't fit that
 description.

The argument I foresee is that the Carnivore box is configured to discard
all email and other traffic that does not apply to the
investigation. 

However, who audits the configuration of these boxes? This is the question
of who watches the watchers...
 
 Then again, when email is more than six months old, the law says a judge
 "shall" issue a court order for stored emails when subpoenaed by the
 government. Many observers consider such language a rubber stamp.

Sure sounds like one to me.


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Re: FBI announcement on email search 'Carnivore'

2000-07-13 Thread Steven M. Bellovin

I had posted a note saying that pen register usage in New York was 
barred by the courts unless a wiretap warrant had been issued.  I need 
to update that posting.

First, that opinion was rendered in People vs. Bialostok, 80 NY2d 738, 
http://www.law.cornell.edu/cgi-bin/nyctap.cgi?80+738  But it is no 
longer in force.  In People vs. Martello, 99 N.Y. Int. 0113, 
http://www.law.cornell.edu/ny/ctap/I99_0113.htm, the Court noted that 
subsequent to the events in the earlier case, the legislature passed a 
law specifically defining pen registers and providing for their use.  
The earlier ban is thus no longer in effect.  Furthermore, since they 
had made their decision on statutory grounds, rather than 
constitutional grounds, the legislature was free to change the 
procedures required.

So -- I doubt that that case would have any bearing on any Federal 
lawsuit.

--Steve Bellovin






FYI: Intelectual property discussion on AES

2000-07-13 Thread Heyman, Michael

FYI: Discussion on patent-news about Intellectual property and how AES
free-use is probably not guarantee-able.

---
From: Gregory Aharonian [[EMAIL PROTECTED]]
To: [EMAIL PROTECTED]
Subject: PATNEWS: NIST threatens antitrust against potential crypto patent
moochers

!2713  NIST threatens antitrust against potential crypto patent moochers

But first, I have decided to file an opposition to the trademark application
for the phrase "patent busters".  I just mailed off a request for an
extension in time to file a formal opposition request.  Once I get back a
copy of my extension request, I will send it out over PATNEWS, plus a rough
draft of my opposition request that a trademark lawyer prepared for me.
Stay tuned.
   

The National Institute of Standards and Technology is overseeing an effort
to develop a new encryption standard.  With some wise forethought, NIST
is making sure as few patent games as possible are played with the new
standard, even going to the extent to threaten antitrust against anyone
who tries asserting their patent against users of the new AES standard,
if the patent assignee didn't inform NIST during the development of the
standard.

While I can applaud NIST for being proactive, can they actually carry out
their threat, especially against someone not participating in the
development of the standard?  I can imagine someone with some encryption
patent application pending, watching what is going on and drafting some
revised claims (or do a continuation) to cover the final candidates for
the standard.  Submarining maybe obnoxious to some, but it is not illegal
in the IP world which has always had some builtin insurance against claims
of antitrust.

Anyways, what follows is a discussion from an open source discussion list,
followed by information from the NIST Web page on AES.

Greg Aharonian
Internet Patent News Service
  


  Mentioning Dan Bernstein, does anyone know the license that twofish
  will be under? I think Bernstein was one of the orginal authors.
 
 Note also that licensing of an algorithm (generally addressed by patent)
 is distinct from licensing of an implementation of the algorithm as a
 computer program (copyright).  Different implementations could be
 licensed under different licenses -- in fact, the same implementation
 could be licensed by the original author under different licenses.

"Twofish is unpatented, and the source code is uncopyrighted and 
license-free; it is free for all uses."
http://www.counterpane.com/twofish.html

Twofish is a (the?) leading contestant for the Advanced Encryption
Standard (AES) to be chosen by NIST.  Their web site is interesting
reading, especially this:

SPECIAL NOTE - Intellectual Property NIST reminds all interested
parties that the adoption of AES is being conducted as an open
standards-setting activity. Specifically, NIST has requested that
all interested parties identify to NIST any patents or inventions
that may be required for the use of AES. NIST hereby gives public
notice that it may seek redress under the antitrust laws of the
United States against any party in the future who might seek to
exercise patent rights against any user of AES that have not been
disclosed to NIST in response to this request for information.

That's bureaucrat speak-for "if you try that submarine patent shit on us
you will be eating powdered mashed potatoes in Marion, Illinois for the
rest of your natural-born life."

  

 -= Advanced Encryption Standard (AES) Development Effort =-

  Advanced Encryption Standard (AES)
  Development Effort
   
  This page can now be reached via http://www.nist.gov/aes/

Recent Announcements 
 
May 15, 2000 -  NSA's final report on hardware evaluations of the five
finalists is now available.

May 11, 2000 - An electronic version of the AES3 Proceedings is now
available.
 
April 28, 2000 - The AES3 feedback form summary has been updated to
include all of the comments provided on the forms.
 
 SPECIAL NOTE - Intellectual Property 
 NIST reminds all interested parties that the adoption of AES is  
 being conducted as an open standards-setting activity. Specifically,
 NIST has requested that all interested parties identify to NIST
 any patents or inventions that may be required for the use of AES.
 NIST hereby gives public notice that it may seek redress under the
 antitrust laws of the United States against any party in the future
 who might seek to exercise patent rights against any user