Live data from Hacker News

FBI director Comey backs new Feinstein push for decrypt bill

techcrunch.com

211–219 of 219 posts

Re: FBI director Comey backs new Feinstein push for decrypt bill

#211

Earlier quoted context omitted.

> What the FBI was asking for was custom software development to be done to circumvent existing software and hardware functions. Which is exactly what was requested in the Lavabit case, to the letter. I used the discovery example to show that courts compel work all the time, which you originally claimed they could not do.

> Which is exactly what was requested in the Lavabit case, to the letter. What you're saying is not true. If you take a look at what happened in the unsealed documents regarding Lavabit [1] the FBI wanted a copy of the SSL private key. That's it. The owner of Lavabit offered to do some coding so they could target the meta data of a single person but it was rejected so he ultimately shut his service down. > I used the…

You got Lavabit case exactly wrong. No wonder you're confused.

https://www.wired.com/2014/04/lavabit-ruling/

"The case began in June, when Texas-based Lavabit was served with a “pen register” order requiring it to give the government a live feed of the email activity on a particular account."

"Levison resisted the order on the grounds that he couldn’t comply without reprogramming the elaborate encryption system he’d built to protect his users’ privacy."

"So in July the government served Levison with a search warrant striking at the Achilles’ heel of his system: the private SSL key that would allow the FBI to decrypt traffic to and from the site, and collect Snowden’s metadata directly."

In other words, they asked him to write software to get just metadata for Snowden's correspondences and when he delayed, they requested everything.

> You can't use discovery to force someone to write software the doesn't exist to provide additional functionality to a product.

You absolutely can.

https://www.federalrulesofcivilprocedure.org/frcp/title-v-di...

"A party may serve on any other party a request ... to produce ... any designated documents ... stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form."

If the amount of translation is infeasible without writing scripts, you can be forced to write scripts.

But again, the whole point of this discovery tangent was to show that courts can and very often do "force someone to work for you," which I will assume you now concede is true. Let's stick to the Lavabit case and what constitutes illegal compelled speech, as these are the points on which we still disagree.

Re: FBI director Comey backs new Feinstein push for decrypt bill

#212

Earlier quoted context omitted.

> The distinction wasn't public versus private release. As I said, that distinction matters for Apple's spurious "compelled speech" argument.

> As I said, that distinction matters for Apple's spurious "compelled speech" argument. It does not. Just because a government orders you to do something privately doesn't mean it isn't compelled speech. Regardless, see my reply to your other comment.

> Just because a government orders you to do something privately doesn't mean it isn't compelled speech.

As I said earlier, the standard for illegal compelled​speech was defined in Wooley v. Maynard, prior to which there was no such thing as illegal compelled speech. Do you actually have an argument about why forcing the writing of unreleased software is illegal compelled speech, or are you going to keep saying it as a truism?

Re: FBI director Comey backs new Feinstein push for decrypt bill

#213

Earlier quoted context omitted.

> Which is exactly what was requested in the Lavabit case, to the letter. What you're saying is not true. If you take a look at what happened in the unsealed documents regarding Lavabit [1] the FBI wanted a copy of the SSL private key. That's it. The owner of Lavabit offered to do some coding so they could target the meta data of a single person but it was rejected so he ultimately shut his service down. > I used the…

You got Lavabit case exactly wrong. No wonder you're confused. https://www.wired.com/2014/04/lavabit-ruling/ "The case began in June, when Texas-based Lavabit was served with a “pen register” order requiring it to give the government a live feed of the email activity on a particular account." "Levison resisted the order on the grounds that he couldn’t comply without reprogramming the elaborate encryption system he’d…

> You got Lavabit case exactly wrong. No wonder you're confused.

I can't tell if you're trying to troll me or what at this point. I link you to the lavabit case details then you link me to the lavabit details.

They wanted a "pen register" which assumes reasonable hook-up-ability. This wasn't possible without reprogramming the system. This made it unreasonable and it was withdrawn. Then they asked for the SSL key so they could use a pen register. The owner suggested, instead of the SSL key, that he write software to avoid it and they declined so he shut it down.

You stated I got it wrong but my original post was factual and specifically referenced the wikipedia article that references the exact order. Nothing that you have posted has shown otherwise.

> > You can't use discovery to force someone to write software the doesn't exist to provide additional functionality to a product.

> You absolutely can.

> https://www.federalrulesofcivilprocedure.org/frcp/title-v-di....

> "A party may serve on any other party a request ... to produce ... any designated documents ... stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form."

But you can't. Translation cannot be twisted to meaning "develop a new feature that creates another way to enter a system". It just can't.

> But again, the whole point of this discovery tangent was to show that courts can and very often do "force someone to work for you," which I will assume you now concede is true.

The best they can do, again, is reasonable collection from a medium which consists of direct or requiring translation. I'm not sure what I would concede here as nothing I have said goes against the sources you have posted.

As far as I am concerned this conversation is over as I do not see the value in continuing to repeat the same information, over and over.

Re: FBI director Comey backs new Feinstein push for decrypt bill

#214

Earlier quoted context omitted.

You got Lavabit case exactly wrong. No wonder you're confused. https://www.wired.com/2014/04/lavabit-ruling/ "The case began in June, when Texas-based Lavabit was served with a “pen register” order requiring it to give the government a live feed of the email activity on a particular account." "Levison resisted the order on the grounds that he couldn’t comply without reprogramming the elaborate encryption system he’d…

> You got Lavabit case exactly wrong. No wonder you're confused. I can't tell if you're trying to troll me or what at this point. I link you to the lavabit case details then you link me to the lavabit details. They wanted a "pen register" which assumes reasonable hook-up-ability. This wasn't possible without reprogramming the system. This made it unreasonable and it was withdrawn. Then they asked for the SSL key so t…

> You stated I got it wrong but my original post was factual and specifically referenced the wikipedia article that references the exact order.

Let's refresh your memory.

> The owner of Lavabit offered to do some coding so they could target the meta data of a single person but it was rejected so he ultimately shut his service down.

No, he didn't offer to do it. He was ordered to do it and refused. Only after refusal did the FBI ask him to hand over his private key, not because it was "unreasonable" as you erroneously claimed but because after he realized he would be held in contempt for not doing the work, he was delaying access to the data by negotiating terms of work too slowly, causing the government to forever lose the ability to collect metadata that would have been generated in the meantime. https://www.justsecurity.org/wp-content/uploads/2014/04/lava...

> Translation cannot be twisted to meaning "develop a new feature that creates another way to enter a system". It just can't.

You're moving the goalposts. First, it was 'the government can't make you work," for which I gave you the discovery example as a counterexample that happens all the time. Then it was "the government can't make you write software​," and I showed you that it just so happens you can be effectively forced to write software as part of discovery. Now it's "you can't be forced to write software to create another way to enter a system." Discovery doesn't serve as a counterexample to that claim because I never intended it to be a counterexample to that claim but to that first claim. As I've repeatedly stated, the Lavabit case is a counterexample to this third claim.

> I do not see the value in continuing to repeat the same information, over and over.

Nor do I. I'm hoping you actually have some new information that your argument can stand on instead of repeating the same things I debunked in my very first post.

Re: FBI director Comey backs new Feinstein push for decrypt bill

#215

Earlier quoted context omitted.

Terrorism is less likely to remain a low-probability event because it contains the intention of death spurred by a toxic ideology that wishes to spread. The comparisons given are accidents and happen through negligence or plain bad luck.

If your premise is true that it will grow because it wishes to spread, then why has it empirically remained constant? Why isnt it more successful every year as it pushes growth?

It has the strong potential to grow but right now there are enough people opposing its spread.

Even so, terrorism may have cumulative political and social effects. People don't like to know there are others out there who wish them harm. Once a certain threshold of resentment is reached within an affected society then suddenly massive unrest could erupt.

Some politicians are trying to mitigate this by suggesting we should just get used to the occasional terrorist attack and treat it like a lightning strike or a piece of heavy furniture falling over.

Re: FBI director Comey backs new Feinstein push for decrypt bill

#216

Earlier quoted context omitted.

If your premise is true that it will grow because it wishes to spread, then why has it empirically remained constant? Why isnt it more successful every year as it pushes growth?

It has the strong potential to grow but right now there are enough people opposing its spread. Even so, terrorism may have cumulative political and social effects. People don't like to know there are others out there who wish them harm. Once a certain threshold of resentment is reached within an affected society then suddenly massive unrest could erupt. Some politicians are trying to mitigate this by suggesting we sh…

You must not live in the us. Every politician here is hyping the threat well beyond proportion to the life loss potential. But humans are irrational and scare prone, so why not exploit the cognitive bug, for votes and profit?

Re: FBI director Comey backs new Feinstein push for decrypt bill

#217

Earlier quoted context omitted.

It has the strong potential to grow but right now there are enough people opposing its spread. Even so, terrorism may have cumulative political and social effects. People don't like to know there are others out there who wish them harm. Once a certain threshold of resentment is reached within an affected society then suddenly massive unrest could erupt. Some politicians are trying to mitigate this by suggesting we sh…

You must not live in the us. Every politician here is hyping the threat well beyond proportion to the life loss potential. But humans are irrational and scare prone, so why not exploit the cognitive bug, for votes and profit?

Yes, it's hardly surprising that some people use the threat of terrorism for personal gain.

Re: FBI director Comey backs new Feinstein push for decrypt bill

#218
Your device has private data on it. Who has final say on whether someone can access it?

- Option 1: you - Option 2: somebody else

Those are the only two options.

Option 1 protects people from criminals and tyrants, but impedes law enforcement.

Option 2 enables law enforcement but makes people vulnerable to criminals and tyrants.

Any suggestion that we can get the best of both worlds is confused or disingenuous. We have to choose.

Do you get final say on who can access your device's data, or does somebody else?

Re: FBI director Comey backs new Feinstein push for decrypt bill

#219
post #15

Earlier quoted context omitted.

It's already a violation of the law to import and sell routers with unlocked firmware

Um. So, if I have a laptop, running Linux, with a built-in ethernet port, and plug in a USB ethernet adaptor, it is suddenly illegal to import it? Crazy.

No
Post reply on HN