US Anti-Encryption Legislation Is Imminent: Report - InformationWeek
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US Anti-Encryption Legislation Is Imminent: Report 
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Joe Stanganelli
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Joe Stanganelli,
User Rank: Ninja
3/20/2016 | 3:33:09 PM
Re: The real question
So...does that mean AAPL is a buy?  :p
Joe Stanganelli
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Joe Stanganelli,
User Rank: Ninja
3/20/2016 | 3:32:11 PM
Re: The real question
In Louis Sachar's absurdist children's book Wayside School Is Falling Down, one of the children -- who doesn't want to obey the rules -- is taken aside and asked by a mysterious figure if he'd rather be safe or rather be free.  He chooses free.  From that day forward in the book, to the envy of his classmates, he never has to follow another school rule again and doesn't have to pay attention in class.

I like to think there's a lesson there.
Broadway0474
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Broadway0474,
User Rank: Ninja
3/14/2016 | 11:33:45 PM
Re: The real problem
Banacek, that's a great point you make. It's a real shift in mindset that I think has seeped into many people's minds, maybe without them even knowing it. Mine included. I just watched a TV commercial for a local college promoting that they had one of the few computer science programs in the nation certified by the NSA. My first thought? Is that a GOOD thing?
Banacek
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Banacek,
User Rank: Ninja
3/13/2016 | 11:48:30 PM
The real problem
The biggest problem our government has with getting public support for such bills is we've completely lost trust of our intelligence agencies, let alone our government, in doing anything to actually protect our rights, privacy, or us. Because once they have the capability, who's going to stop them from using it to expand it from 'terrorists' to 'instigators' like MLK? Or political opponents in order to get key legislation passed. Or to kill their campaign. Or to jus start looking into everyone's communications and documents looking for neer-do-wells.  

I'm sorry to say, but our own government has done more harm to the US people since 9/11 than what was done to us on 9/11, all in the name of 'security' and 'protecting' us.

So what's going to happen when the terrorists start using technology from outside of the US borders? Or start rolling their own cloud-based messaging systems with high-end encryption? Are they going to fine ISIS for not cooperating?
Banacek
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Banacek,
User Rank: Ninja
3/13/2016 | 11:33:06 PM
Re: Passing laws to limit encryption...
"And a statute prohibiting such contests would certainly be struck down by the courts as unconstitutional on due process grounds."

Possibly. Possibly not. Or the government could claim any such appeals can only be done in secret court. You know, like how a company can appeal a FISA letter/warrant, to the point you can't even tell anyone you got the warrant, iffy if you can even tell your lawyer.
Broadway0474
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Broadway0474,
User Rank: Ninja
3/12/2016 | 10:04:16 PM
Re: The real question
How is this legislation going to compel tech companies? How big of a fine would it need to be to have an impact? Taking a lesson from anti-corruption punishments, what works best is when you start locking up executives. I am not saying I am in any way condoning locking up Apple execs. Just stating an obvious fact, right?
jastroff
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jastroff,
User Rank: Ninja
3/12/2016 | 4:46:07 PM
Re: The real question
We all want to be safe AND free - and that's the dilemma

Meantime, terrorists are buying iPhones 
moarsauce123
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moarsauce123,
User Rank: Ninja
3/12/2016 | 1:37:31 PM
Pass laws that severely punish rampant abuse by security agencies
A more pressing need is legislation that punishes and jails those responsible for the rampant abuse of power and illegal activities at the three letter security agencies as well as all those in Congress who utterly failed to do their job of proper oversight. THAT is way more needed that bullying companies into giving up all means of protection they provide their customers.

Congresspeople, start doing your job!
jries921
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jries921,
User Rank: Ninja
3/11/2016 | 12:51:39 PM
Re: Passing laws to limit encryption...
It is already illegal to disobey a court order.  It is called "contempt of court" and is a jailing offense. But one may contest a court order through the usual appeals process and that is what Apple is doing and should if management believes the order to be illegal.  And a statute prohibiting such contests would certainly be struck down by the courts as unconstitutional on due process grounds.

So given that, it is very unclear from the article what this bill would change.  Theoretically, Congress could bar appeals, but the controversy that would erupt from doing so would likely be deemed hazardous to the political health of members voting for it (and should).  Most likely, this is an attempt to explicitly authorize the sort of demand made of Apple in the San Bernardino case, which Apple is contesting on both statutory and constitutional grounds.  It would not apply to that case as the US Constitution prohibits ex post facto laws, but would apply in future cases.  And it could only override Apple's statutory objections to the order; the constitutional ones would remain.
timwessels
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timwessels,
User Rank: Strategist
3/11/2016 | 10:48:23 AM
Passing laws to limit encryption...
Well, for those of you who were around in the 1990s, there was a huge political battle over the rights of ordinary citizens to use cryptography. A well written explation of what transpired in the 1990s was authored by Steven Levy in his book titled Crypto. The short story is the government didn't want citizens to be able to use cryptography, and they lost the political battle to claim that it had the exclusive right to control the use of cryptography.

In the distant past, cryptography was regarded by the state as a military secret.  In World War II, the English government employed cryptographers who broke the German "Enigma Machine" codes, and the U.S. government broke the Japanese military codes.

Governments put a high value on being able to access and decode information, especially the military and spying agencies like England's GCHQ and the U.S. NSA. And thanks to Mr. Snowden, we now understand that these agencies are willing to bend and break the law and violate our Constitutional rights in order to do it.

Curiously, the ACM has just announced that this year's A.M. Touring Award will go to Whitfield Diffie and Martin Hellman, who were pivotal in developing the Public Key Exchange used in Public Key Infrastructure encyrption technology.

Looks like defenders of the right to use encryption will have another political fight on their hands if Senators Feinstein and Barr have their way.

 

 

 

 

 

 
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