Re: [liberationtech] Why we can't go back to business as usual post-PRISM.

2013-06-10 Thread Aaron Greenspan
All,

I am still trying to digest the full significance of everything that has been 
disclosed and discussed in the past 72 hours, but the issues that I keep coming 
back to in my head, and which I will likely write more about, are:

1. This scandal, and the financial crisis that happened not long after it 
really began, represent major situations where all three branches of government 
failed, both in their own capacities, and in their role as checks on the other 
branches of government.
2. President Obama's defense of PRISM as being court-sanctioned, entirely 
consistent with what we would do, for example, in a criminal investigation, is 
so blatantly disingenuous that it truly staggers me. Criminal investigations do 
not take place in secret courts that issue secret orders. Some do involve 
documents under seal, but to argue, as Obama did, that the FISC is just like 
any other court is just wrong. Secondly, (and I have read this point 
elsewhere), his implication that members of Congress should have just spoken up 
if they were concerned, when doing so would have been considered a crime of the 
highest order, is unbelievable. (If you missed it, his speech on PRISM is 
transcribed here: 
http://blogs.wsj.com/washwire/2013/06/07/transcript-what-obama-said-on-nsa-controversy/.)

Generally, I am not surprised by any of this. I, like many, already knew that 
Palantir does work for the NSA, that the NSA oversteps its reach regularly, and 
that government is severely broken. I don't have a cell phone and never have, 
this type of scenario being a major reason why.

But to hear the President of the United States--and not George W. Bush--defend 
such brazenly unconstitutional activities is deeply, deeply disturbing to me, 
and leaves me feeling as though the nation has finally completed its slide into 
a larger-than-average third-world autocracy, run by small-minded men who mainly 
fear the unknown. Given that I'm a person who asks a lot of questions, it makes 
me incredibly anxious knowing for certain that I live there.

Aaron
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Re: [liberationtech] Why we can't go back to business as usual post-PRISM.

2013-06-10 Thread timothy holmes
I don't know who you are or what work you do; perhaps it is the greatest
work ever done in law and the digital age.

You were linked on Hacker
Newshttps://mailman.stanford.edu/pipermail/liberationtech/2013-June/008839.html,
so I will assume what you are concerned with is important. There is an
aspect of this story worth mentioning.

It is how *little* power the government has used to protect and provide for
the poor and disadvantaged.

 And just when the economy was improving, just when health care for all
could be possible, just when the *evidence* that government

could work not just for the privileged, this  story, important in it's own
right, has the potential to undermine this progress.

Government has to begin to work for the collective good of the people and
not be exploited by private interests.

 Yes. We need to protect the people from abusive government power. But it
is as much of a problem of how

private interests, through law and economics, limit the  governments power
to achieve a public good.

Health care, education, infrastructure, and jobs, are some of the areas
that increased, not less, government power could be effectively

utilized. I worry that governments ability to work for our common good, is
going to be undermined through recent news. I hope all will keep in mind

the richness and complexity of the issues at hand.

Thanks.
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[liberationtech] Why we can't go back to business as usual post-PRISM.

2013-06-09 Thread Gregory Maxwell
Many people in spheres of cryptography and digital rights activism
have long assumed (or—frankly—known about) pervasive government
surveillance of the Internet and other communications networks. So it's
unsurprising that there is something of an undertone in PRISM discussions
of meh, it's terrible but it's not really news or even so far, this
is less bad than I was assuming.

It would be nice to think that we could go back to business as usual,
quietly fighting (or tolerating) these intrusions—but I don't believe
we can.  The recent revelations come with a radical increase in the risk
of harm from these programs, even to those who were already assuming
they existed.

To understand why, it might be helpful for me to share how I answer this
unrelated question:

 Why would you use AES/RSA/etc. when the NSA employs more
  mathematicians than anyone else and may well have cracked them?

The answer: if the popular cryptographic constructs have been cracked,
the knowledge that they were cracked—even without the how—would be
insanely valuable. So much so that unless you presented an existential
threat to the cracking party, they would be very hesitant to use that
ability against you if even a tiny risk existed that doing so could
reveal their capability and thereby make it less valuable.

In the case of mass surveillance programs not only is there a risk
that people would change behavior—switching to SSL with PFS for
all communications, making more use of high-delay mixing networks,
decentralized services, non-cloud open source software, etc.—but since
these programs are obviously illegal to many outside of the incestuous
world of intelligence, by revealing the capability they risk it being
simply taken away by the rule of law. (Even those who have convinced
themselves that these programs are lawful and righteous must recognize
that they are on thin ice and public opinion may go another way).

And so—before the capability was made public, it _likely_ wouldn't
have been used against mere political nuisances, at least not without
the additional cost of creating a solid pretext for the resulting
intelligence. But now this deterrent is gone: the burden of utter secrecy
is reduced. And if these programs are not eliminated, greatly curtailed,
or made moot, we can expect them to be employed much more freely.
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