On Nov 5, 2013 7:17 PM, "Nicholas Weaver" <[email protected]> wrote:
>
>
> On Nov 5, 2013, at 5:12 PM, Dean Willis <[email protected]> wrote:
> >
> > Wrong. See, the GCHQ has been surveilling US citizens using taps, and
the NSA has been surveilling UK citizens using taps. Both are allowed to
use covert mechanisms to surveil foreigners. Then they trade data sets with
each other.
> >
> > This is state surveillance, but since it’s quite reasonably “illegal”,
it also requires secrecy.  Securing the transit links such that a “legal
order” is required would significantly impact the interception.
>
> Except that its clear that they already HAVE gotten "legal" orders for
such surveillance.  E.g. AT&T secret room, GCHQ's deal with Level 3, etc...
>

There are basically two classes of surveillance that require distinct
analysis:

1) Surveillance that requires collaboration by service providers, generally
through a "legal" framework of compulsion or a less qualified process of
human subversion. Overt, mostly. Typically used within the legal domain of
a state actor or enterprise.

2) Surveillance that can occur without the knowledge or support of the
provider. Illegal within the US, typically launched from outside the domain
of a state actor or enterprise.
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