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These are the key points to me. "The government, on the other hand, demands real-time data, and wants to install a real-time device which captures all metadata
by arca_vorago 13y ago
These are the key points to me.
"The government, on the other hand, demands real-time data, and wants to install a real-time device which captures all metadata, which is then filtered so that agents only receive what's in the pen order (p121). This requires the full SSL keys.
The judge agrees with the government that this is reasonable. (line 18, p121).
Previously (p56), Levinson asked the court if it was possible to do an audit of the pen register. The judge responded that any request for extra monitoring would be denied."
Who knows what all these little black boxes do? Just because they say it will only transmit what is in the order, how can one know otherwise? Hence the request for audit, which is denied... very, very suspicious.
- dalke 13y agoAgreed. There's a place there where the judge asked the lawyer for Lavabit something like "if you don't trust the government wiretap box then why should the government trust that you are providing the required information"? The lawyer had no real response, and agreed that the judge had a good point. I can think of some answers which might have been better, but they require technical collaboration to come up with a mutually acceptable answer. Or, with the Snowden information we know now, there's a reasonable suspicion that the unreviewed information might be stored for later, should the government decide there are other justifiable reasons to review it in the future.
- MWil 13y agoThe only answer you need is that the Constitution is simultaneously built on trust/mistrust of government. Otherwise, why bother with checks and balances.