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You can subpoena google for the calendar and email, Apple for iMessage routing, and the phone company for phone calls and texts. You can even get emergency warr
by batbomb 11y ago
You can subpoena google for the calendar and email, Apple for iMessage routing, and the phone company for phone calls and texts. You can even get emergency warrants for that kind of thing. Then you subpoena all those contacts.
This idea that the immediate access to all of an individual's information is necessary for law enforcement to do their work is a farce, especially considering the propagation of private and public security cameras. The same logic is used to justify torture, expand SWAT and procure urban assault vehicles. These things are almost always unnecessary, impractical, or unreliable.
Yes, people can be extremely careful to avoid police. That's not the average case, and we shouldn't optimize our law enforcement for it.
- derefr 11y agoAren't active criminals generally extremely careful to avoid police (by, e.g., using burner phones?) And isn't law enforcement mostly about catching criminals? I don't see why law enforcement would be about anything other than figuring out how to catch people who are extremely careful to avoid police. I don't disagree with your first two paragraphs. I just think the average criminal of this generation is well aware of the idea that they need to avoid putting incriminating data "in the cloud", to about the same degree that they're aware of the idea that you have to wear gloves to avoid leaving fingerprints.
- khuey 11y agoNo, most criminals aren't that smart.
- alaaibrahim 11y agoYou mean criminals that get caught.
- Laaw 11y agoWe know basically nothing about the ones who don't get caught.
- Jach 11y agoThough we do know some things about what people have done to evade (and continue to evade) capture. I link this story around and wish politicians knew of it: https://web.archive.org/web/20130119025623/http://dee.su/uploads/baal.html https://web.archive.org/web/20130119025623/http://dee.su/upl...
- kijin 11y agoIf criminals were really extremely careful, they'd get burner phones with custom firmware that performs FDE without key escrow. I'm sure there are plenty of sellers who are willing to supply such phones at a high margin given the opportunity. If it becomes a crime to encrypt your phone, only criminals will encrypt their phones.
- batbomb 11y agoWell the last statement is tautologically true, but yeah. Key Escrow is also impossible to enforce in user space (JavaScript), so unless you only allow signed everything, there will always be workarounds.
- nl 11y agoThe NSA isn't a law enforcement agency. It's a national security agency. There is a huge difference in goals, tools and the laws they operate under.