We'd like to see the final / rewritten version of the letter first but Reporters Without Borders <http://rsf.org> would be happy to sign it.
Best, Le 17/01/2013 08:01, Nadim Kobeissi a écrit : > Thanks for your expert advice, Chris. We're currently in the process > of reworking the letter with assistance from the EFF and we'll take > what you said into consideration. > > > NK > > > On Thu, Jan 17, 2013 at 1:58 AM, Christopher Soghoian > <[email protected] <mailto:[email protected]>> wrote: > > You may want to consider rewriting your law enforcement/government > surveillance section: > > As a result of the service being acquired by Microsoft in > 2011, it may now be required to comply with CALEA due to the > company being headquartered in Redmond, Washington. > Furthermore, as a US-based communication provider, Skype would > therefore be required to comply with the secretive practice of > National Security Letters. > > > You don't articulate why being subject to CALEA is bad. Are the > people signing the letter arguing that law enforcement should > never have access to real-time intercepts of skype voice/video > communications? If so, say that, and why. If not, CALEA merely > mandates access capabilities, it doesn't specify under what > situations the government can perform an interception, > > Also, if you want to raise the issue of secretive surveillance > practices, NSLs wouldn't be at the top of my list (yes, they don't > require a judge, but they can at best be used to obtain > communications metadata). I would instead focus your criticism of > the fact that US surveillance law does not sufficiently protect > communications between two non-US persons, and in particular, the > government can intercept such communications without even having > to demonstrate probable cause to a judge. Specifically, non-US > persons have a real reason to fear FISA Amendments Act of 2008 > section 702 > > Section 702 of the FISA Amendments Act of 2008 ("FAA"), > codified as 50 U.S.C. 1181a, which allows the Attorney General > and the Director of National Intelligence ("DNI") to authorize > jointly the targeting of non-United States persons for the > purposes of gathering intelligence for a period of up to one > year. 50 U.S.C. 1881a(1). Section 702 contains restrictions, > including the requirement that the surveillance "may not > intentionally target any person known at the time of > acquisition to be located in the United States." 50 U.S.C. § > 1881a(b)(1). The Attorney General and DNI must submit to the > FISC an application for an order ("mass acquisition order") > for the surveillance either before their joint authorization > or within seven days thereof. The FAA sets out a procedure by > which the Attorney General and DNI must obtain certification > from FISC for their program, which includes an assurance that > the surveillance is designed to limit surveillance to persons > located outside of the United States. However, the FAA does > not require the government to identify targets of > surveillance, and the FISC does not consider individualized > probable cause determinations or supervise the program. > (from: http://epic.org/amicus/fisa/clapper/) > > > While I am happy to provide feedback, I'm in no way authorized to > sign on to this letter on behalf of the ACLU. > > > > On Wed, Jan 16, 2013 at 11:58 AM, Nadim Kobeissi <[email protected] > <mailto:[email protected]>> wrote: > > Dear Privacy Advocates and Internet Freedom Activists, > > I call on you to review the following draft for our Open > Letter to Skype and present your name or the name of your > organization as signatories: > > http://www.skypeopenletter.com/draft/ > > The letter will be released soon. Feedback is also welcome. > > Thank you, > NK > > -- > Unsubscribe, change to digest, or change password at: > https://mailman.stanford.edu/mailman/listinfo/liberationtech > > > > -- > Unsubscribe, change to digest, or change password at: > https://mailman.stanford.edu/mailman/listinfo/liberationtech > > > > > -- > Unsubscribe, change to digest, or change password at: > https://mailman.stanford.edu/mailman/listinfo/liberationtech -- Grégoire Pouget, New Media Desk // Bureau Nouveaux Médias Reporters Without Borders // Reporters sans frontières @fightcensors_en @fightcensors_fr GPG ID : 2BBC1ECE
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