Re: [cryptography] Is the NSA now a civilian intelligence agency? (Was: Re: Snowden: Fabricating Digital Keys?)

2013-07-02 Thread ianG

On 2/07/13 03:33 AM, mtm wrote:

as a spartan of sorts, and one thats shared laphroig with both a plank
member of the nsa and the creator of fbi's hrt, id like to say these
fellas are decent men and not petty.


I know a few of the older ones as well.  They are indeed decent men, and 
historically their creation gets cut a lot of slack by society.


There are differences between the ones who founded the organisation, the 
machine they created, the people who make the decisions now, and what 
the customers demand of them.


Most of the early guys involved had direct knowledge of a serious enemy 
and more understandable wars.  Everyone knew who the enemy was.  If you 
think of the last 2 decades or so, post-Berlin Wall, you can see a huge 
change in perspective.


Today, you'd be hard pressed to even justify even starting the NSA if 
you had a discussion of who the enemy is;  our geopolitical threat 
scenario is more like the 1920s.


Also, as we learnt from recent banking history, it only takes a few 
deviations to drift into crisis when power is large and concentrated.




iang



On Jul 2, 2013 12:55 AM, Jeffrey Walton noloa...@gmail.com
mailto:noloa...@gmail.com wrote:

On Mon, Jul 1, 2013 at 6:47 PM, Nico Williams n...@cryptonector.com
mailto:n...@cryptonector.com wrote:
  On Mon, Jul 1, 2013 at 4:57 PM, grarpamp grarp...@gmail.com
mailto:grarp...@gmail.com wrote:
  And when LEA
  get caught doing this nothing terribly bad happens to LEA (no
officers
  go to prison, for example).
 
  It is often in the interest/whim of the executive to decline to
  prosecute its own,
  even if only to save embarassment, so many of these cases will
never see a jury.
  That's why you need citizen prosecutors who can bring cases
before both grand
  and final jury. For example, how many times have you seen a LE
vehicle failing
  to signal, speeding/reckless, with broken running lights, etc... now
  try to criminally
  (not administratively) prosecute that just as you might be
prosecuted for same.
 
  I'd love to see proposals for how to criminal prosecutions by the
  public would work.
Sparta, one of the first democracies, would put the public officials
on trial at the end of their term. It was part of the process.

I imagine their Spartan was sufficiently different so that folks like
Ted Kennedy (liar, cheat, murderer) would not have been able to serve
the class.

Sorry for the OT chatter.

Jeff
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Re: [cryptography] Is the NSA now a civilian intelligence agency? (Was: Re: Snowden: Fabricating Digital Keys?)

2013-07-02 Thread coderman
On Tue, Jul 2, 2013 at 2:07 AM, ianG i...@iang.org wrote:
 ... it only takes a few
 deviations to drift into crisis when power is large and concentrated.

the behemoth that is the current intelligence apparatus(es) is most
disturbing in this aspect; truly excessive concentration of power
unethical to operate under the best intentions.

Cast it into the fire! Destroy it!
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Re: [cryptography] Is the NSA now a civilian intelligence agency? (Was: Re: Snowden: Fabricating Digital Keys?)

2013-07-01 Thread ianG
Hmmm.  Thanks, Ethan!  Maybe I'm wrong?  Maybe the NSA was always 
allowed to pass criminal evidence across to the civilian police forces. 
 It's a very strange world.


iang


On 1/07/13 06:12 AM, Ethan Heilman wrote:

 The way I read that (and combined with the overall disclosures that
they are basically collecting everything they can get their hands on)
the NSA has now been de-militarised, or civilianised if you prefer that
term. In the sense that, information regarding criminal activity is now
being shared with the FBI  friends.  Routinely, albeit secretly and
deniably.

The NSA became demilitarised that is, involved in civilian law
enforcement, when it stopped being the AFSA  (Armed Forces Security
Agency) and the NSA was created in 1952. But even prior to that in
it's earlier form as the AFSA, ASA, and etc, the NSA did some civil law
enforcement work with the FBI. For example Project Shamrock which
started in 1945 (seven years before the AFSA became the NSA) involved:

Intercepted messages were disseminated to the FBI, CIA, Secret
Service, Bureau of Narcotics and Dangerous Drugs (BNDD), and the
Department of Defense.


Earlier forms of the NSA were also involved in cryptanalysis of pirate
radio stations and prohibition era booze barons.

The case of their abuses was Project MINARET 1967-1975 which spied on US
citizens that suspected of being dissidents or involved in drug
smuggling. This information was passed on to the FBI and local law
enforcement.

  Project MINARET that uses “watch lists” to electronically and
physically spy on “subversive” activities by civil rights and
antiwar leaders such as Dr. Martin Luther King, Jr, Jane Fonda,
Malcolm X, Dr. Benjamin Spock, and Joan Baez—all members of Richard
Nixon’s infamous “enemies list.”


The NSA has been a civil law enforcement organisation in practice if not
always in principal since before it's inception (its charter broadened
its role beyond its previous role as a military support organisation).




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Re: [cryptography] Is the NSA now a civilian intelligence agency? (Was: Re: Snowden: Fabricating Digital Keys?)

2013-07-01 Thread Nico Williams
On Mon, Jul 1, 2013 at 3:37 AM, ianG i...@iang.org wrote:
 Hmmm.  Thanks, Ethan!  Maybe I'm wrong?  Maybe the NSA was always allowed to
 pass criminal evidence across to the civilian police forces.  It's a very
 strange world.

No, the doctrine of the fruit of the poisoned tree makes it
non-trivial to avoid the requirements of the 4th Amendment regarding
search and seizure.  The non-triviality is this: LEA must somehow hide
the warrant-less wiretapping (search) and produce a plausible path
(and chronology) for how they came to the probably cause that they
eventually will bring to a judge.  This is non-trivial, but not *that*
hard either, and in some cases it may well be trivial.  And when LEA
get caught doing this nothing terribly bad happens to LEA (no officers
go to prison, for example).  But when the *NSA* does this the risk of
method information leaking to the public is very large, which is one
reason to prefer that PRISM-type projects, if they exist at all, be
and remain forever secret -- their own secrecy is the best and
strongest (though even then, not fail-safe) guaranty of non-use for
criminal investigations.

Ironic, no?  We should almost wish we'd never found out.

Nico
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Re: [cryptography] Is the NSA now a civilian intelligence agency? (Was: Re: Snowden: Fabricating Digital Keys?)

2013-07-01 Thread grarpamp
 And when LEA
 get caught doing this nothing terribly bad happens to LEA (no officers
 go to prison, for example).

It is often in the interest/whim of the executive to decline to
prosecute its own,
even if only to save embarassment, so many of these cases will never see a jury.
That's why you need citizen prosecutors who can bring cases before both grand
and final jury. For example, how many times have you seen a LE vehicle failing
to signal, speeding/reckless, with broken running lights, etc... now
try to criminally
(not administratively) prosecute that just as you might be prosecuted for same.

 their own secrecy is the best and
 strongest (though even then, not fail-safe) guaranty of non-use for
 criminal investigations.

Didn't the requisite construction of plausible paths from tainted seed just
get covered. So, No! The only guaranty against secret taint is transparency.
Try removing the 'non-' next time.
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Re: [cryptography] Is the NSA now a civilian intelligence agency? (Was: Re: Snowden: Fabricating Digital Keys?)

2013-07-01 Thread Nico Williams
On Mon, Jul 1, 2013 at 4:57 PM, grarpamp grarp...@gmail.com wrote:
 And when LEA
 get caught doing this nothing terribly bad happens to LEA (no officers
 go to prison, for example).

 It is often in the interest/whim of the executive to decline to
 prosecute its own,
 even if only to save embarassment, so many of these cases will never see a 
 jury.
 That's why you need citizen prosecutors who can bring cases before both grand
 and final jury. For example, how many times have you seen a LE vehicle failing
 to signal, speeding/reckless, with broken running lights, etc... now
 try to criminally
 (not administratively) prosecute that just as you might be prosecuted for 
 same.

I'd love to see proposals for how to criminal prosecutions by the
public would work.

 their own secrecy is the best and
 strongest (though even then, not fail-safe) guaranty of non-use for
 criminal investigations.

 Didn't the requisite construction of plausible paths from tainted seed just
 get covered. So, No! The only guaranty against secret taint is transparency.
 Try removing the 'non-' next time.

Sometimes it's easy to cover up, sometimes it's not.  If you look at
how the Allies used their cryptanalytic breaks in WWII you'll see that
they made sparing use of their sigint obtained that way -- they had to
be very careful when to act and when not to act on it, and when they
did they had to take extra steps to make the enemy to believe other
avenues to be plausible.

Transparency is nice, but the thing is: I don't think you can keep a
PRISM-like system secure from being abused by analysts and sysadmins,
much less by political appointees, and I think it's harder still to
pull that off if its existence is public knowledge.  Whereas the
incentive to keep the secret from spilling is so strong that it should
act as a moderator on its operators.  That incentive is lost once the
program is public, and then transparency isn't enough: there's always
going to be ways to game the controls, and those controls will never
be as strong as the need to keep the program secret had been.

I could be wrong though.  It might well be that in practice there's no
difference between abuse potential when the program was secret vs. now
that it's public, in which case it's clearly better that it be known
to the public.  But my instinct tells me otherwise, and that's not a
defense of the program, just... paradoxical, ironic.

Nico
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Re: [cryptography] Is the NSA now a civilian intelligence agency? (Was: Re: Snowden: Fabricating Digital Keys?)

2013-07-01 Thread James A. Donald

On 2013-07-02 8:47 AM, Nico Williams wrote:

On Mon, Jul 1, 2013 at 4:57 PM, grarpamp grarp...@gmail.com wrote:

And when LEA
get caught doing this nothing terribly bad happens to LEA (no officers
go to prison, for example).

It is often in the interest/whim of the executive to decline to
prosecute its own,
even if only to save embarassment, so many of these cases will never see a jury.
That's why you need citizen prosecutors who can bring cases before both grand
and final jury. For example, how many times have you seen a LE vehicle failing
to signal, speeding/reckless, with broken running lights, etc... now
try to criminally
(not administratively) prosecute that just as you might be prosecuted for same.

I'd love to see proposals for how to criminal prosecutions by the
public would work.


Until 1930 or so, in California, pretty much all criminal prosecutions 
were by the public.  I would suppose the laws are still in place, just 
not applied.


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Re: [cryptography] Is the NSA now a civilian intelligence agency? (Was: Re: Snowden: Fabricating Digital Keys?)

2013-07-01 Thread Jeffrey Walton
On Mon, Jul 1, 2013 at 6:47 PM, Nico Williams n...@cryptonector.com wrote:
 On Mon, Jul 1, 2013 at 4:57 PM, grarpamp grarp...@gmail.com wrote:
 And when LEA
 get caught doing this nothing terribly bad happens to LEA (no officers
 go to prison, for example).

 It is often in the interest/whim of the executive to decline to
 prosecute its own,
 even if only to save embarassment, so many of these cases will never see a 
 jury.
 That's why you need citizen prosecutors who can bring cases before both grand
 and final jury. For example, how many times have you seen a LE vehicle 
 failing
 to signal, speeding/reckless, with broken running lights, etc... now
 try to criminally
 (not administratively) prosecute that just as you might be prosecuted for 
 same.

 I'd love to see proposals for how to criminal prosecutions by the
 public would work.
Sparta, one of the first democracies, would put the public officials
on trial at the end of their term. It was part of the process.

I imagine their Spartan was sufficiently different so that folks like
Ted Kennedy (liar, cheat, murderer) would not have been able to serve
the class.

Sorry for the OT chatter.

Jeff
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Re: [cryptography] Is the NSA now a civilian intelligence agency? (Was: Re: Snowden: Fabricating Digital Keys?)

2013-07-01 Thread mtm
as a spartan of sorts, and one thats shared laphroig with both a plank
member of the nsa and the creator of fbi's hrt, id like to say these fellas
are decent men and not petty.
On Jul 2, 2013 12:55 AM, Jeffrey Walton noloa...@gmail.com wrote:

 On Mon, Jul 1, 2013 at 6:47 PM, Nico Williams n...@cryptonector.com
 wrote:
  On Mon, Jul 1, 2013 at 4:57 PM, grarpamp grarp...@gmail.com wrote:
  And when LEA
  get caught doing this nothing terribly bad happens to LEA (no officers
  go to prison, for example).
 
  It is often in the interest/whim of the executive to decline to
  prosecute its own,
  even if only to save embarassment, so many of these cases will never
 see a jury.
  That's why you need citizen prosecutors who can bring cases before both
 grand
  and final jury. For example, how many times have you seen a LE vehicle
 failing
  to signal, speeding/reckless, with broken running lights, etc... now
  try to criminally
  (not administratively) prosecute that just as you might be prosecuted
 for same.
 
  I'd love to see proposals for how to criminal prosecutions by the
  public would work.
 Sparta, one of the first democracies, would put the public officials
 on trial at the end of their term. It was part of the process.

 I imagine their Spartan was sufficiently different so that folks like
 Ted Kennedy (liar, cheat, murderer) would not have been able to serve
 the class.

 Sorry for the OT chatter.

 Jeff
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Re: [cryptography] Is the NSA now a civilian intelligence agency? (Was: Re: Snowden: Fabricating Digital Keys?)

2013-07-01 Thread Jeffrey Walton
On Mon, Jul 1, 2013 at 8:33 PM, mtm marctmil...@gmail.com wrote:
 as a spartan of sorts, and one thats shared laphroig with both a plank
 member of the nsa and the creator of fbi's hrt, id like to say these fellas
 are decent men and not petty.
Then they would have nothing to fear if put on trial for potential
crimes they've committed.

(At least, that's what they tell us - if you don't do anything wrong,
then you don't have anything to worry about).

 On Jul 2, 2013 12:55 AM, Jeffrey Walton noloa...@gmail.com wrote:

 On Mon, Jul 1, 2013 at 6:47 PM, Nico Williams n...@cryptonector.com
 wrote:
  On Mon, Jul 1, 2013 at 4:57 PM, grarpamp grarp...@gmail.com wrote:
  And when LEA
  get caught doing this nothing terribly bad happens to LEA (no officers
  go to prison, for example).
 
  It is often in the interest/whim of the executive to decline to
  prosecute its own,
  even if only to save embarassment, so many of these cases will never
  see a jury.
  That's why you need citizen prosecutors who can bring cases before both
  grand
  and final jury. For example, how many times have you seen a LE vehicle
  failing
  to signal, speeding/reckless, with broken running lights, etc... now
  try to criminally
  (not administratively) prosecute that just as you might be prosecuted
  for same.
 
  I'd love to see proposals for how to criminal prosecutions by the
  public would work.
 Sparta, one of the first democracies, would put the public officials
 on trial at the end of their term. It was part of the process.

 I imagine their Spartan was sufficiently different so that folks like
 Ted Kennedy (liar, cheat, murderer) would not have been able to serve
 the class.

 Sorry for the OT chatter.
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Re: [cryptography] Is the NSA now a civilian intelligence agency? (Was: Re: Snowden: Fabricating Digital Keys?)

2013-07-01 Thread grarpamp
 Whereas the
 incentive to keep the secret from spilling is so strong that it should
 act as a moderator on its operators.

... against use outside of its original scope/parties. I can see that.
Time and history tends to expose everything though. And in the present,
not knowing what we don't know makes these models hard to evaluate.

 Sorry for the OT chatter.

Similarly, guilty here as well. Off like a Spartan to Cali :)
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Re: [cryptography] Is the NSA now a civilian intelligence agency? (Was: Re: Snowden: Fabricating Digital Keys?)

2013-07-01 Thread grarpamp
 id like to say these fellas are decent men

True for sure. Yet sometimes when you assemble large systems of
even the best of men, those systems may drift from or not always
retain the fine character of its components. A weakness of humanity
perhaps.
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Re: [cryptography] Is the NSA now a civilian intelligence agency? (Was: Re: Snowden: Fabricating Digital Keys?)

2013-07-01 Thread mtm
enlisted guys and trigger job attys arent worried about being put on
trial...as much as it pains me to say it.. if youre doing nothing wrong..
On Jul 2, 2013 1:42 AM, Jeffrey Walton noloa...@gmail.com wrote:

 On Mon, Jul 1, 2013 at 8:33 PM, mtm marctmil...@gmail.com wrote:
  as a spartan of sorts, and one thats shared laphroig with both a plank
  member of the nsa and the creator of fbi's hrt, id like to say these
 fellas
  are decent men and not petty.
 Then they would have nothing to fear if put on trial for potential
 crimes they've committed.

 (At least, that's what they tell us - if you don't do anything wrong,
 then you don't have anything to worry about).

  On Jul 2, 2013 12:55 AM, Jeffrey Walton noloa...@gmail.com wrote:
 
  On Mon, Jul 1, 2013 at 6:47 PM, Nico Williams n...@cryptonector.com
  wrote:
   On Mon, Jul 1, 2013 at 4:57 PM, grarpamp grarp...@gmail.com wrote:
   And when LEA
   get caught doing this nothing terribly bad happens to LEA (no
 officers
   go to prison, for example).
  
   It is often in the interest/whim of the executive to decline to
   prosecute its own,
   even if only to save embarassment, so many of these cases will never
   see a jury.
   That's why you need citizen prosecutors who can bring cases before
 both
   grand
   and final jury. For example, how many times have you seen a LE
 vehicle
   failing
   to signal, speeding/reckless, with broken running lights, etc... now
   try to criminally
   (not administratively) prosecute that just as you might be prosecuted
   for same.
  
   I'd love to see proposals for how to criminal prosecutions by the
   public would work.
  Sparta, one of the first democracies, would put the public officials
  on trial at the end of their term. It was part of the process.
 
  I imagine their Spartan was sufficiently different so that folks like
  Ted Kennedy (liar, cheat, murderer) would not have been able to serve
  the class.
 
  Sorry for the OT chatter.

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[cryptography] Is the NSA now a civilian intelligence agency? (Was: Re: Snowden: Fabricating Digital Keys?)

2013-06-30 Thread ianG

On 29/06/13 13:23 PM, Jacob Appelbaum wrote:

http://www.guardian.co.uk/world/2013/jun/17/edward-snowden-nsa-files-whistleblower

One of the most interesting things to fall out of this entire ordeal is
that we now have a new threat model that regular users will not merely
dismiss as paranoid. They may want to believe it *isn't* true or that
policy has changed to stop these things - there is a lot of wishful
thinking to be sure. Still such users will not however believe
reasonably that everyone in the world follows those policies, even if
their own government may follow those policies.



Yes, but I don't think the penny has yet dropped.

One of the things that disturbed me was the several references of how 
they deal with the material collected.  I don't think this is getting 
enough exposure, so I'm laying my thoughts out here.


There is a lot of reference to analysts poking around and deciding if 
they want that material or not, as the sole apparent figleaf of a 
warrant.  But there was also reference to *evidence of a crime* :


http://www.cnsnews.com/news/article/intelligence-chief-defends-internet-spying-program
—The dissemination of information incidentally intercepted about a 
U.S. person is prohibited unless it is necessary to understand foreign 
intelligence or assess its importance, *is evidence of a crime* , or 
indicates a threat of death or serious bodily harm.




The way I read that (and combined with the overall disclosures that they 
are basically collecting everything they can get their hands on) the NSA 
has now been de-militarised, or civilianised if you prefer that term. 
In the sense that, information regarding criminal activity is now being 
shared with the FBI  friends.  Routinely, albeit secretly and deniably.


This represents a much greater breach than anything else.  We always 
knew that the NSA could accidentally harvest stuff, and we always knew 
that they could ask GCHQ to spy on Americans in exchange for another 
favour.  As Snowden said somewhere, the American/foreigner thing is just 
a distracting tool used by the NSA to up-sell their goodness to congress.


What made massive harvesting relatively safe was that they never shared 
it, regardless of what it was about, unless it was a serious national 
security issue.


Now the NSA is sharing *criminal* information -- civilian information. 
To back this shift up, the information providers reveal:


http://www.counterpunch.org/2013/06/20/spying-by-the-numbers/

Apple reported receiving 4,000 to 5,000 government requests for 
information on customers in just the last six months.  From December 1, 
2012 to May 31, 2013 Apple received law enforcement requests for 
customer data on 9-10,000 accounts or devices.  Most of these requests 
are *from police for robberies, missing children* , etc.




Facebook said something similar about missing children, I think. 
Elsewhere, someone sued the NSA to reveal information on his whereabouts 
to assist his defence against a crime [0].



So we have moved almost full circle from national security to local 
crimes.  And nobody blinked!  The NSA, FISA, administration, FBI, DoJ, 
media, google, facebook, apple... everyone really, have not thought this 
strange [1].  Indeed, reading the media reports, it's almost as if they 
are preparing the American public for a fait accompli.


The only thing left is civil cases.  But we've already seen a number of 
elements of that (e.g., l'affair Petraeus) and I suspect it is only a 
matter of time before (say) the SEC gets in on the game and uses civil 
discovery and civil cases against some scumbag boiler room operation [2].


To put this in context, the endgame in civil cases is divorce, which can 
already be dressed up as criminal if we add in some claims of assault, etc.


Do Americans believe the local police and the FBI can show restraint 
given the availability of NSA and friends' intel?  Use of secret 
letters?  Do Americans consider that allowing their criminal and civil 
courts access to this stuff is a reasonable thing?


Am I the only one to find the American psyche response to be rather 
weird?  They seem to be focussing on the breaking of (constitutional) 
rules, and saying tut, tut, naughty NSA.  Must phone my Congressman.


But they -- Americans -- seem to be ignoring the real danger writ large 
to them, the very reason for those rules.




iang

ps; to drag this back to crypto, I think crypto can help, and it is 
encouraging to see that upswing.  But the wider issue here is going to 
require a complete rethink of the threat model.




[0]   If Apple and Facebook and the rest are accepting secret national 
security letters for local crimes, he should get that info.  Perhaps EFF 
should file a friends of the court brief arguing that we are now in a 
society where civilians are now entitled to the NSA's support.  But I 
digress...


[1]   This is without even considering the twin corruptions of the 
policing forces, being (1) war on drugs, 

Re: [cryptography] Is the NSA now a civilian intelligence agency? (Was: Re: Snowden: Fabricating Digital Keys?)

2013-06-30 Thread Adam Back

Fully agree.  I suspect the released figures showing a spike in FBI
wire-taps may be cover/laundry and indicative of receiving domestic
targetted crime tips from NSA.

Another vector: the UK GCHQ have reportedly on their list of authorized
spying motivations economic well being.  That translates to economic
espionage.  It seems to be strongly suspected by informed political
commentators that the US (and secondarily echelon partners) are conducting
economic espionage against Europe.

It seems beyond the ken and political will of national security spies to
restrict the information collected to narrow national security use.  Once
they slide it into law enforcement, if historically falls into increasingly
more trivial or even arguable crimes.  We also see hints such information
is being abused for political reasons, eg the IRS audits.

The other aspect of this is that I dont think Americans can expect even the
most positive constitutional or legal re-evaluation and adjustment to
actually fix the problem.  It seems to me to be already established that
ISPs can be required to keep records for some period.  eg GSM location, and
call information for years; email bodies for periods of time.  Therefore it
seems obvious to me that as soon as there is any legal threat to the NSA
storing their own information, they'll just get some laws to require the
ISPs to do it for them.  Probably they can fix it with a few leases, and
contracts and carry on as is.  The people working on this stuff at the ISPs
are going to already have the same security clearances as the NSA, and the
NSA apparently already sub-contracted to the private sectore 70% of its
budget.  So how hard is it going to be for them to ask the ISPs and telcos
to form a privately owned telecommunications consortium, that harvests and
stores information.  Apparently private sector sub-contracting already forms
part of the legal shenanigans in the abuse of the FISA.

Though I do think it is a politically useful exercise for people to press
for legal changes, it seems that with the extent of lying and manipulation,
information related power, and scale of economic lobbying; the mil-ind
complex in the US has effectively become above the US law and constitution.

So I think the only answer is lots of crypto.  Per the cypherpunks credo:
write code not laws.

Adam

On Sun, Jun 30, 2013 at 01:30:34PM +0300, ianG wrote:

On 29/06/13 13:23 PM, Jacob Appelbaum wrote:

http://www.guardian.co.uk/world/2013/jun/17/edward-snowden-nsa-files-whistleblower

One of the most interesting things to fall out of this entire ordeal is
that we now have a new threat model that regular users will not merely
dismiss as paranoid. They may want to believe it *isn't* true or that
policy has changed to stop these things - there is a lot of wishful
thinking to be sure. Still such users will not however believe
reasonably that everyone in the world follows those policies, even if
their own government may follow those policies.



Yes, but I don't think the penny has yet dropped.

One of the things that disturbed me was the several references of how 
they deal with the material collected.  I don't think this is getting 
enough exposure, so I'm laying my thoughts out here.


There is a lot of reference to analysts poking around and deciding if 
they want that material or not, as the sole apparent figleaf of a 
warrant.  But there was also reference to *evidence of a crime* :


http://www.cnsnews.com/news/article/intelligence-chief-defends-internet-spying-program
—The dissemination of information incidentally intercepted about a 
U.S. person is prohibited unless it is necessary to understand 
foreign intelligence or assess its importance, *is evidence of a 
crime* , or indicates a threat of death or serious bodily harm.




The way I read that (and combined with the overall disclosures that 
they are basically collecting everything they can get their hands on) 
the NSA has now been de-militarised, or civilianised if you prefer 
that term. In the sense that, information regarding criminal activity 
is now being shared with the FBI  friends.  Routinely, albeit 
secretly and deniably.


This represents a much greater breach than anything else.  We always 
knew that the NSA could accidentally harvest stuff, and we always 
knew that they could ask GCHQ to spy on Americans in exchange for 
another favour.  As Snowden said somewhere, the American/foreigner 
thing is just a distracting tool used by the NSA to up-sell their 
goodness to congress.


What made massive harvesting relatively safe was that they never 
shared it, regardless of what it was about, unless it was a serious 
national security issue.


Now the NSA is sharing *criminal* information -- civilian 
information. To back this shift up, the information providers reveal:


http://www.counterpunch.org/2013/06/20/spying-by-the-numbers/

Apple reported receiving 4,000 to 5,000 government requests for 
information on customers in just the last six 

Re: [cryptography] Is the NSA now a civilian intelligence agency? (Was: Re: Snowden: Fabricating Digital Keys?)

2013-06-30 Thread Ethan Heilman
The way I read that (and combined with the overall disclosures that they
are basically collecting everything they can get their hands on) the NSA
has now been de-militarised, or civilianised if you prefer that term. In
the sense that, information regarding criminal activity is now being shared
with the FBI  friends.  Routinely, albeit secretly and deniably.

The NSA became demilitarised that is, involved in civilian law
enforcement, when it stopped being the AFSA  (Armed Forces Security Agency)
and the NSA was created in 1952. But even prior to that in it's earlier
form as the AFSA, ASA, and etc, the NSA did some civil law enforcement work
with the FBI. For example Project Shamrock which started in 1945 (seven
years before the AFSA became the NSA) involved:

Intercepted messages were disseminated to the FBI, CIA, Secret Service,
 Bureau of Narcotics and Dangerous Drugs (BNDD), and the Department of
 Defense.


Earlier forms of the NSA were also involved in cryptanalysis of pirate
radio stations and prohibition era booze barons.

The case of their abuses was Project MINARET 1967-1975 which spied on US
citizens that suspected of being dissidents or involved in drug smuggling.
This information was passed on to the FBI and local law enforcement.

 Project MINARET that uses “watch lists” to electronically and physically
 spy on “subversive” activities by civil rights and antiwar leaders such as
 Dr. Martin Luther King, Jr, Jane Fonda, Malcolm X, Dr. Benjamin Spock, and
 Joan Baez—all members of Richard Nixon’s infamous “enemies list.”


The NSA has been a civil law enforcement organisation in practice if not
always in principal since before it's inception (its charter broadened its
role beyond its previous role as a military support organisation).




On Sun, Jun 30, 2013 at 6:30 AM, ianG i...@iang.org wrote:

 On 29/06/13 13:23 PM, Jacob Appelbaum wrote:

 http://www.guardian.co.uk/**world/2013/jun/17/edward-**snowden-nsa-files-
 **whistleblowerhttp://www.guardian.co.uk/world/2013/jun/17/edward-snowden-nsa-files-whistleblower

 One of the most interesting things to fall out of this entire ordeal is
 that we now have a new threat model that regular users will not merely
 dismiss as paranoid. They may want to believe it *isn't* true or that
 policy has changed to stop these things - there is a lot of wishful
 thinking to be sure. Still such users will not however believe
 reasonably that everyone in the world follows those policies, even if
 their own government may follow those policies.



 Yes, but I don't think the penny has yet dropped.

 One of the things that disturbed me was the several references of how they
 deal with the material collected.  I don't think this is getting enough
 exposure, so I'm laying my thoughts out here.

 There is a lot of reference to analysts poking around and deciding if they
 want that material or not, as the sole apparent figleaf of a warrant.  But
 there was also reference to *evidence of a crime* :

 http://www.cnsnews.com/news/**article/intelligence-chief-**
 defends-internet-spying-**programhttp://www.cnsnews.com/news/article/intelligence-chief-defends-internet-spying-program
 —The dissemination of information incidentally intercepted about a U.S.
 person is prohibited unless it is necessary to understand foreign
 intelligence or assess its importance, *is evidence of a crime* , or
 indicates a threat of death or serious bodily harm.



 The way I read that (and combined with the overall disclosures that they
 are basically collecting everything they can get their hands on) the NSA
 has now been de-militarised, or civilianised if you prefer that term. In
 the sense that, information regarding criminal activity is now being shared
 with the FBI  friends.  Routinely, albeit secretly and deniably.

 This represents a much greater breach than anything else.  We always knew
 that the NSA could accidentally harvest stuff, and we always knew that they
 could ask GCHQ to spy on Americans in exchange for another favour.  As
 Snowden said somewhere, the American/foreigner thing is just a distracting
 tool used by the NSA to up-sell their goodness to congress.

 What made massive harvesting relatively safe was that they never shared
 it, regardless of what it was about, unless it was a serious national
 security issue.

 Now the NSA is sharing *criminal* information -- civilian information. To
 back this shift up, the information providers reveal:

 http://www.counterpunch.org/**2013/06/20/spying-by-the-**numbers/http://www.counterpunch.org/2013/06/20/spying-by-the-numbers/

 Apple reported receiving 4,000 to 5,000 government requests for
 information on customers in just the last six months.  From December 1,
 2012 to May 31, 2013 Apple received law enforcement requests for customer
 data on 9-10,000 accounts or devices.  Most of these requests are *from
 police for robberies, missing children* , etc.



 Facebook said something similar about missing children, I think.
 Elsewhere, 

Re: [cryptography] Is the NSA now a civilian intelligence agency? (Was: Re: Snowden: Fabricating Digital Keys?)

2013-06-30 Thread Jacob Appelbaum
Ethan Heilman:
 The way I read that (and combined with the overall disclosures that they
 are basically collecting everything they can get their hands on) the NSA
 has now been de-militarised, or civilianised if you prefer that term. In
 the sense that, information regarding criminal activity is now being shared
 with the FBI  friends.  Routinely, albeit secretly and deniably.
 
 The NSA became demilitarised that is, involved in civilian law
 enforcement, when it stopped being the AFSA  (Armed Forces Security Agency)
 and the NSA was created in 1952. But even prior to that in it's earlier
 form as the AFSA, ASA, and etc, the NSA did some civil law enforcement work
 with the FBI. For example Project Shamrock which started in 1945 (seven
 years before the AFSA became the NSA) involved:
 
 Intercepted messages were disseminated to the FBI, CIA, Secret Service,
 Bureau of Narcotics and Dangerous Drugs (BNDD), and the Department of
 Defense.
 
 
 Earlier forms of the NSA were also involved in cryptanalysis of pirate
 radio stations and prohibition era booze barons.
 
 The case of their abuses was Project MINARET 1967-1975 which spied on US
 citizens that suspected of being dissidents or involved in drug smuggling.
 This information was passed on to the FBI and local law enforcement.
 
  Project MINARET that uses “watch lists” to electronically and physically
 spy on “subversive” activities by civil rights and antiwar leaders such as
 Dr. Martin Luther King, Jr, Jane Fonda, Malcolm X, Dr. Benjamin Spock, and
 Joan Baez—all members of Richard Nixon’s infamous “enemies list.”
 
 
 The NSA has been a civil law enforcement organisation in practice if not
 always in principal since before it's inception (its charter broadened its
 role beyond its previous role as a military support organisation).
 
 
 

Call them what they are:

  a domestic political secret police with international capabilities

That the collaborate with the FBI and CIA is especially terrible - the
others have little to next to no clue about cryptography, exploitation
or well - traffic analysis of computer networks.

All the best,
Jacob
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