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Microsoft will give the FBI a Windows PC data encryption key if ordered

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251–260 of 346 posts

Re: Microsoft will give the FBI a Windows PC data encryption key if ordered

#251
Controversial question here.

When someone is arrested, the police can get a subpoena to enter your house, right?

There they can collect evidence regarding the case.

Digital protections should exist, but should they exist beyond what is available in the physical world? If so, why?

I think the wording of this is far too lenient and I understand the controversy of "if asked" vs "valid legal order", neither of which strictly say "subpoena", and of course, the controversy of how laws are interpreted/ignored in one country in particularly (yes, I'm looking at you USA).

Should there be a middle ground? Or should we always consider anything that is digital off-limits?

Re: Microsoft will give the FBI a Windows PC data encryption key if ordered

#252

Earlier quoted context omitted.

> The headline is misleading. It says that Microsoft will provide the key if asked , but the linked statement to Forbes says Microsoft will provide the key if it receives a valid legal order . This is an odd thing to split hairs over IMO. Warrants or subpoenas or just asking nicely, whatever bar you want to set, is a secondary concern. The main issue is they can and will hand the keys to LEO’s at all.

If you don’t like the behavior of a company voluntarily doing something, your problem is with that company. If you don’t like a company complying with the law, your problem is with the law. It is unreasonable to expect anyone or any company to break the law or violate a court order to protect you. If you don’t trust the institutions issuing those court orders, that is an entirely reasonable stance but it should be ad…

> The fourth amendment protects against warrantless search and seizure, it is not carte blanche to fill up your hard drive with child porn and expect Microsoft to fall on their swords to protect you.

I was understanding and felt your points had validity until you threw out this gross, emotionally manipulative, horrible misrepresentation of my stance.

Re: Microsoft will give the FBI a Windows PC data encryption key if ordered

#253
post #140

The headline is misleading. It says that Microsoft will provide the key if asked , but the linked statement to Forbes says Microsoft will provide the key if it receives a valid legal order . These have different meanings. Microsoft is legally entitled to refuse a request from law enforcement, and subject to criminal penalties if it refuses a valid legal order. It does illustrate a significant vulnerability in that Mi…

That's a distinction without a difference. Microsoft should structure Windows such that they're unable to comply with such an order, however legal. There are practical cryptographic ways to do it: Microsoft just doesn't want to. Shame on them.

Exactly

Re: Microsoft will give the FBI a Windows PC data encryption key if ordered

#254

Controversial question here. When someone is arrested, the police can get a subpoena to enter your house, right? There they can collect evidence regarding the case. Digital protections should exist, but should they exist beyond what is available in the physical world? If so, why? I think the wording of this is far too lenient and I understand the controversy of "if asked" vs "valid legal order", neither of which stri…

Completely agree.

Crazier question: what’s wrong with a well-intentioned surveillance state? Preventing crime is a noble goal, and sometimes I just don’t think some vague notion of privacy is more important than that.

I sometimes feel that the tech community would find the above opinion far more outlandish than the general population would.

Re: Microsoft will give the FBI a Windows PC data encryption key if ordered

#256
post #254

Controversial question here. When someone is arrested, the police can get a subpoena to enter your house, right? There they can collect evidence regarding the case. Digital protections should exist, but should they exist beyond what is available in the physical world? If so, why? I think the wording of this is far too lenient and I understand the controversy of "if asked" vs "valid legal order", neither of which stri…

Completely agree. Crazier question: what’s wrong with a well-intentioned surveillance state? Preventing crime is a noble goal, and sometimes I just don’t think some vague notion of privacy is more important than that. I sometimes feel that the tech community would find the above opinion far more outlandish than the general population would.

> what’s wrong with a well-intentioned surveillance state?

https://en.wikipedia.org/wiki/Wings_of_Desire

tl;dw: A well-intentioned surveillance state may, in fact, love the beings they are surveilling. They may fall in love so deeply, that they want to become like us. I know it's a revolutionary concept.

Re: Microsoft will give the FBI a Windows PC data encryption key if ordered

#257
post #254

Controversial question here. When someone is arrested, the police can get a subpoena to enter your house, right? There they can collect evidence regarding the case. Digital protections should exist, but should they exist beyond what is available in the physical world? If so, why? I think the wording of this is far too lenient and I understand the controversy of "if asked" vs "valid legal order", neither of which stri…

Completely agree. Crazier question: what’s wrong with a well-intentioned surveillance state? Preventing crime is a noble goal, and sometimes I just don’t think some vague notion of privacy is more important than that. I sometimes feel that the tech community would find the above opinion far more outlandish than the general population would.

There’s nothing inherently wrong with the panopticon. Your society is what makes it good or evil.

Re: Microsoft will give the FBI a Windows PC data encryption key if ordered

#258
post #203

Earlier quoted context omitted.

That's exactly what I mean. If you tell people, "I'll take care of safeguarding your key for you," it sounds like you're just doing them a favor. It would be more honest to say, "I can hold on to a copy of your key and automatically unlock your data when we think you need it opened," but that would make it too obvious that they might do so without your permission.

I think most people would be ok with your second formulation too.

Maybe, maybe not.

The MSFT marketing folks seem to have opted for the less transparent one, just in case.

Re: Microsoft will give the FBI a Windows PC data encryption key if ordered

#259

Earlier quoted context omitted.

If you don’t like the behavior of a company voluntarily doing something, your problem is with that company. If you don’t like a company complying with the law, your problem is with the law. It is unreasonable to expect anyone or any company to break the law or violate a court order to protect you. If you don’t trust the institutions issuing those court orders, that is an entirely reasonable stance but it should be ad…

> The fourth amendment protects against warrantless search and seizure, it is not carte blanche to fill up your hard drive with child porn and expect Microsoft to fall on their swords to protect you. I was understanding and felt your points had validity until you threw out this gross, emotionally manipulative, horrible misrepresentation of my stance.

These are common tactics abusers of authority use to continue abusing authority.

Re: Microsoft will give the FBI a Windows PC data encryption key if ordered

#260
post #193

Earlier quoted context omitted.

Yes, "asked" versus "ordered" is meaningfully misleading, especially in this context. There is reasonable suspicion, some might argue evidence, that Microsoft voluntarily cooperated with U.S. Intelligence Community without being compelled by a court order, the most famous instances being leaked in the Snowden disclosures. To be fair to Microsoft, here's their updated statement (emphasis mine): "Microsoft confirmed to…

You’ve overly simplified the degree to which a company must accept a court order without pushback. First they are capable of fulfilling the request in the first place which means their approach or encryption is inherently flawed. Second companies can very much push back on such requests with many examples of such working, but they need to make the attempt.

I think you missed my point. Microsoft isn’t that company you describe.
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