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NSA Boss Asks Congress For Blanket Immunity For Companies That Help NSA Spy

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Re: NSA Boss Asks Congress For Blanket Immunity For Companies That Help NSA Spy

#41

This is fucking wrong.

What are you waiting for? Talk to your friends, talk to your co-workers, talk to your congressional representatives.

Or are you afraid that they'll rat you out to the police for being a 'dissident?' If you are then they've already won.

Re: NSA Boss Asks Congress For Blanket Immunity For Companies That Help NSA Spy

#42
post #35
post #26

Earlier quoted context omitted.

If the NSA is tapping fiber at providers, a la Room 641A, then the companies behavior is completely irrelevant to the spying, and the NSA watches all traffic in and out of their networks anyway. So your choice, as a European, seems to be utilize networks that don't pass through America at all, or have the NSA spy on you. I apologize for the inconvenience.

Wrong, if they are tapping at the wires they only see that your using gmail, not the content of your email or who you are speaking to (Unless you turn off ssl for some strange reason).

"Isn't the whole point of all this outrage that NSA have equipment or data exchange arrangements with GMail etc. so that SSL is irrelevant" Yes which is why the NSA needs the cooperation of the companies, since this info can't be gotten just by listening on the wire.

Re: NSA Boss Asks Congress For Blanket Immunity For Companies That Help NSA Spy

#44
post #35
post #26

Earlier quoted context omitted.

If the NSA is tapping fiber at providers, a la Room 641A, then the companies behavior is completely irrelevant to the spying, and the NSA watches all traffic in and out of their networks anyway. So your choice, as a European, seems to be utilize networks that don't pass through America at all, or have the NSA spy on you. I apologize for the inconvenience.

Wrong, if they are tapping at the wires they only see that your using gmail, not the content of your email or who you are speaking to (Unless you turn off ssl for some strange reason).

How likely is it that these companies can be compelled to turn over their SSL private keys via FISA court?

Re: NSA Boss Asks Congress For Blanket Immunity For Companies That Help NSA Spy

#45
post #21

This is a brilliant end-run around the fourth amendment. Sure, the government isn't allowed to do mass warrantless surveillance, but they can order companies to do it illegally and then pardon them.

It might be an end-run around the 4th amendment if the government was ordering companies to do mass surveillance (though we can argue about whether the 4th amendment has anything to do with surveillance at all). But the government doesn't need to do that. The companies already do all the surveillance, and people happily hand over to those companies their data. Is it an end-run around the 4th amendment for the governm…

It doesn't matter if people are happily "handing over their data" - the government still needs a warrant to request the information. In United States v. Warshak it was ruled that a person has a reasonable expectation of privacy in his/her emails and that the government violated Warshak's Fourth Amendment rights by compelling his internet service provider to turn over his emails without first obtaining a warrant.

Re: NSA Boss Asks Congress For Blanket Immunity For Companies That Help NSA Spy

#48
post #26

I'm honestly shocked that many of these companies aren't being sued in European courts. There is more than enough evidence now to support this. Hit every company on their bottom line. Europeans need to present the following dichotomous choice to every American tech company: (1) Operate in Europe and make money here, but no spying on any EU citizen. (2) Continue spying, but don't operate in Europe. Alternatively, elim…

If the NSA is tapping fiber at providers, a la Room 641A, then the companies behavior is completely irrelevant to the spying, and the NSA watches all traffic in and out of their networks anyway. So your choice, as a European, seems to be utilize networks that don't pass through America at all, or have the NSA spy on you. I apologize for the inconvenience.

> If the NSA is tapping fiber at providers, a la Room 641A, then the companies behavior is completely irrelevant to the spying, and the NSA watches all traffic in and out of their networks anyway.

Then why would the companies need blanket immunity?

Re: NSA Boss Asks Congress For Blanket Immunity For Companies That Help NSA Spy

#49
post #17

The implications are more serious than immunity for NSA actions. This law could circumvent the breaking of ALL and ANY laws by these companies. After such a law is passed, companies may not have to be accountable to anyone. When questioned, they can lie about it and say the NSA said so. They don't need to release transparency reports cuz the NSA said so. Any tech company can lie to the Privacy Commissioner cuz the NS…

Except that they'd have to do so in court, and the NSA would have the option of filing an amicus curiae brief saying 'oh no we didn't.'

Except that companies would want to negotiate, lets say, a contract to include a gray area clause that serves as an incentive for the companies to keep doing this.

Once this thing becomes legal, companies have grounds to organize this as a trade with the NSA. The funny (maybe scary is the right word?) part is that they can legally lie about this because it's with the NSA.

Re: NSA Boss Asks Congress For Blanket Immunity For Companies That Help NSA Spy

#50
post #21

This is a brilliant end-run around the fourth amendment. Sure, the government isn't allowed to do mass warrantless surveillance, but they can order companies to do it illegally and then pardon them.

It might be an end-run around the 4th amendment if the government was ordering companies to do mass surveillance (though we can argue about whether the 4th amendment has anything to do with surveillance at all). But the government doesn't need to do that. The companies already do all the surveillance, and people happily hand over to those companies their data. Is it an end-run around the 4th amendment for the governm…

> Even in 1790 the government could compel companies to hand over all the information they had about a target of investigation.

I don't think they ever could compel companies by specifying the target as every customer on the off-chance that some where foreigners.

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