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Five Eyes

simondotau 5y ago
You are suggesting that another country could launder the request on behalf of the USA in order to circumvent the 4th Amendment. Okay then, let's play that out. Australia contacts Apple and demands they augment CSAM detection so that every iPhone in the USA is now scanning for image hashes supplied by Australia. Apple says no. End of hypothetical.
- salawat 5y ago
  You haven't heard of how GCHQ would happily hand over intelligence they had on U.S. Citizens? I know for a fact there are efforts at creating fusion centers across national boundaries. The question you need to ask is not if but what will make you interesting enough to mobilize against. Thou shalt not build the effing Panopticon, nor it's predecessors. Is that so hard to not do.
  - simondotau 5y ago
    I've no doubt that GCHQ would hand whatever they like to whomever they like. But why would Apple comply with a demand from the GCHQ to spy on US citizens?
    - brokenmachine 5y ago
      They will come up with some kind of fuckery to get around the rules, like some crypto ridiculousness that makes files that match a certain hash go to servers in a different jurisdiction? Far-fetched, I know...
- nonlocutor 5y ago
  https://www.lawfareblog.com/legal-tetris-and-fbis-anom-program https://www.lawfareblog.com/legal-tetris-and-fbis-anom-progr... “ The Australian Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (TOLA) allows government agencies to issue “technical assistance” and “technical capability” notices to providers of communications services. The notices require that the providers give the authorities help in conducting criminal enforcement intercepts, and that they make changes in their systems to ensure that they can give that help.” … “In any event, the FBI chose a curiously roundabout way of getting access to ANOM messages. For ANOM devices operating outside of the United States, “an encrypted [blind carbon copy or BCC]” of each message that a user sent was transmitted to a server located outside of the United States, which then decrypted and reencrypted the message with an encryption key known to the FBI. Those reencrypted messages were sent to another server that was owned by the FBI, outside of the United States. In the summer of 2019, the FBI started negotiating to build the legal structure that would make this technical architecture work. In essence, the FBI went looking for a third country that would host the BCC server and could lawfully accept all of the decrypted messages and send the copies to the FBI. As the affidavit notes, “Unlike the Australian beta test, the third country would not review the content in the first instance.” This would have been a fascinating negotiation. Both participants wanted to make criminal cases and avoid privacy scandals. The U.S. would want to be sure that the third country had full legal authority to intercept the contents of every ANOM message, and that the country was also willing to share the full ANOM take with the U.S. in something like real time.”
  - simondotau 5y ago
    None of that explains how Australia could ever successfully coerce Apple into performing widespread surveillance of US citizens. The fact that Australia is a "five eyes" country doesn't make it any more plausible than if the demand came from China or Russia.
    - vermilingua 5y ago
      It explains how Australia could coerce Apple into performing widespread surveillance of Aus citizens. Then it’s trivial for the US to coerce Apple into switching that functionality on in the US.
      - simondotau 5y ago
        Any widespread warrantless surveillance of the private physical property of US citizens, performed at the direction of the US Government, would be an absolute clear-cut unambiguous breach of the 4th Amendment. I'm not saying the US Government wouldn't care that it's unconstitutional—we know they'd ignore the constitution when they can get away with it. But they'd also have to convince Apple's lawyers to go along with unconstitutional surveillance. You don't think Apple wouldn't be itching for another opportunity to prove their strength against a Government? Especially now? Apple would love nothing more than to have more opportunities like they got with the San Bernardino iPhone.
azinman2 5y ago
It hasn't been announced yet who else's db will be used. If it's not a 'five eyes' member... then what?

Five Eyes

You are suggesting that another country could launder the request on behalf of the USA in order to circumvent the 4th Amendment. Okay then, let's play that out. Australia contacts Apple and demands they augment CSAM detection so that every iPhone in the USA is now scanning for image hashes supplied by Australia. Apple says no. End of hypothetical.

salawat 5y ago
You haven't heard of how GCHQ would happily hand over intelligence they had on U.S. Citizens? I know for a fact there are efforts at creating fusion centers across national boundaries. The question you need to ask is not if but what will make you interesting enough to mobilize against. Thou shalt not build the effing Panopticon, nor it's predecessors. Is that so hard to not do.
- simondotau 5y ago
  I've no doubt that GCHQ would hand whatever they like to whomever they like. But why would Apple comply with a demand from the GCHQ to spy on US citizens?
  - brokenmachine 5y ago
    They will come up with some kind of fuckery to get around the rules, like some crypto ridiculousness that makes files that match a certain hash go to servers in a different jurisdiction? Far-fetched, I know...
nonlocutor 5y ago
https://www.lawfareblog.com/legal-tetris-and-fbis-anom-program https://www.lawfareblog.com/legal-tetris-and-fbis-anom-progr... “ The Australian Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (TOLA) allows government agencies to issue “technical assistance” and “technical capability” notices to providers of communications services. The notices require that the providers give the authorities help in conducting criminal enforcement intercepts, and that they make changes in their systems to ensure that they can give that help.” … “In any event, the FBI chose a curiously roundabout way of getting access to ANOM messages. For ANOM devices operating outside of the United States, “an encrypted [blind carbon copy or BCC]” of each message that a user sent was transmitted to a server located outside of the United States, which then decrypted and reencrypted the message with an encryption key known to the FBI. Those reencrypted messages were sent to another server that was owned by the FBI, outside of the United States. In the summer of 2019, the FBI started negotiating to build the legal structure that would make this technical architecture work. In essence, the FBI went looking for a third country that would host the BCC server and could lawfully accept all of the decrypted messages and send the copies to the FBI. As the affidavit notes, “Unlike the Australian beta test, the third country would not review the content in the first instance.” This would have been a fascinating negotiation. Both participants wanted to make criminal cases and avoid privacy scandals. The U.S. would want to be sure that the third country had full legal authority to intercept the contents of every ANOM message, and that the country was also willing to share the full ANOM take with the U.S. in something like real time.”
- simondotau 5y ago
  None of that explains how Australia could ever successfully coerce Apple into performing widespread surveillance of US citizens. The fact that Australia is a "five eyes" country doesn't make it any more plausible than if the demand came from China or Russia.
  - vermilingua 5y ago
    It explains how Australia could coerce Apple into performing widespread surveillance of Aus citizens. Then it’s trivial for the US to coerce Apple into switching that functionality on in the US.
    - simondotau 5y ago
      Any widespread warrantless surveillance of the private physical property of US citizens, performed at the direction of the US Government, would be an absolute clear-cut unambiguous breach of the 4th Amendment. I'm not saying the US Government wouldn't care that it's unconstitutional—we know they'd ignore the constitution when they can get away with it. But they'd also have to convince Apple's lawyers to go along with unconstitutional surveillance. You don't think Apple wouldn't be itching for another opportunity to prove their strength against a Government? Especially now? Apple would love nothing more than to have more opportunities like they got with the San Bernardino iPhone.

azinman2 5y ago

It hasn't been announced yet who else's db will be used. If it's not a 'five eyes' member... then what?