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This is not a matter of the EFF 'not liking', rather the EFF fears this is overly broad and ripe for abuse. Not only is rule 41 potential overreach but it is e
by deepnet 10y ago
This is not a matter of the EFF 'not liking', rather the EFF fears this is overly broad and ripe for abuse.
Not only is rule 41 potential overreach but it is enacted by the backdoor avoiding Congressional oversight.
Your list is too short, the EFF reason well. One could add:
5. They have copies of everything sent over the wire, so they have the contents of C at NSA H.Q. already. Just get a warrant to look at it there.
6. They already have access to all B's meta-data.
7. Conversly E commits a crime using his memory.
8. Or F commits a crime using a pen and paper, which he then hides at a remote location.
This new power purports to address a non-existent problem.
Snowden argues the FBI had the meta-data for the Apple phone, thus they already knew what was on it. So, again, why the big show about cracking it ? [1]
Locative privacy is essential for journalism and many human rights - and malicious actors could gain access to the hacking malware.
For my money the EFF argue with great caution, care and reason and actively defend civil rights against overreach.
[1] From Snowden in debate with Chomsky & Greenwald: https://theintercept.com/2016/03/30/edward-snowden-noam-chomsky-glenn-greenwald-a-conversation-on-privacy/ https://theintercept.com/2016/03/30/edward-snowden-noam-chom...
- tzs 10y ago> Not only is rule 41 potential overreach but it is enacted by the backdoor avoiding Congressional oversight. That's wrong. It's being enacted by the same procedure that is used for all of the rules of the Federal Rules of Criminal Procedure, as specified by Congress in the Rules Enabling Act, which includes Congressional oversight. After the Supreme Court approves a proposed rule change, there is a delay to allow Congress to say no if they wish. > 5. They have copies of everything sent over the wire, so they have the contents of C at NSA H.Q. already. Just get a warrant to look at it there. You are greatly overestimating what the NSA has. They don't have everything that goes over the internet, and much of what they do intercept is encrypted with methods that they are not known to be able to defeat.
- deepnet 10y agoI accept Congress can disavow this before December the 1st, hence the EFF's call to action - but the article does state this is a new & overreaching use of this procedure. "By law, the rules and proposals are supposed to be procedural and must not change substantive rights. But the amendment to Rule 41 isn’t procedural at all. It creates new avenues for government hacking that were never approved by Congress." > overestimating what the NSA has. The secret rooms at AT&T, like 641A that Mark Klein whistleblew in 2006, suggests they had the potential for universal domestic collection capability of everything domestic since 2003. Other Five Eyes may have similar hardwired intercepts abroad. Snowden's XKeyscore slide shows collection of 'nearly everything a user does online'[1]. Otherwise I agree that encryption exists that the NSA is not known to be able to defeat with the caveat that courts can currently order decryption and jail those in contempt. [1] http://www.theguardian.com/world/2013/jul/31/nsa-top-secret-program-online-data http://www.theguardian.com/world/2013/jul/31/nsa-top-secret-...