I like it - keep me on the letter.

Many thanks for all your work.

Paul


Dr Paul Bernal
Lecturer
UEA Law School
University of East Anglia
Norwich Research Park
Norwich NR4 7TJ

email: paul.ber...@uea.ac.uk<mailto:paul.ber...@uea.ac.uk>
Web: http://www.paulbernal.co.uk/
Blog: http://paulbernal.wordpress.com/
Twitter: @paulbernalUK

On 18 Jan 2013, at 16:26, Nadim Kobeissi <na...@nadim.cc<mailto:na...@nadim.cc>>
 wrote:

Okay everyone,
the final draft has been posted online, with the gracious collaboration of the 
EFF. Please take a look at it, make sure you want to keep your signature there 
(or add it!)

http://www.skypeopenletter.com/draft/

We'll be publishing next week.


NK


On Thu, Jan 17, 2013 at 4:29 AM, Grégoire Pouget 
<grego...@rsf.org<mailto:grego...@rsf.org>> wrote:
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 
<ch...@soghoian.net<mailto:ch...@soghoian.net>> 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 
<na...@nadim.cc<mailto:na...@nadim.cc>> 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

--
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

Reply via email to