On Dec 4, 2013, at 3:29 PM, Bruce Perens <[email protected]> wrote:
> Every society chooses its balance between freedom and enforcement. Ours isn't 
> the right balance today, agreed. But the proposals I see here are the hacker 
> approach - we're not patient to deal with this as a political problem, so 
> we'll change everyone's web browser.

I think you're missing the point.   The point is not that the NSA can surveil 
you.   The point is that _anyone_ can.   The NSA is just who most publicly did 
it recently.   We know of a number of really successful attacks that have 
actually been done, in the real world, by law enforcement organizations, but 
that could be done as easily by a criminal organization.

The lesson here is not "okay, so let's stop law enforcement from 
eavesdropping."   It is "holy shit, we are really vulnerable."

As to the question of encryption generally, nobody questions (I hope) that we 
want our transactions with banks to be secure.   I think it's generally 
accepted that what videos we watch is private (there's a federal law in the 
U.S. making it illegal for video stores to give out that information).   The 
Supreme Court recently decided that the FBI couldn't put a GPS tracker on your 
car without a warrant.   So at least in the U.S., we are not navigating 
uncharted waters.   Yes, we have a problem with LEO spying.   But as a country, 
we do recognize the need for at least some communication to be confidential.   
And this is not a legal understanding that is unique to the U.S.   Canadian 
appellate courts have held similarly, for example.

So whether you think LEO spying is a good idea or not, there is clearly a 
problem here with the protocols that we have deployed on the internet.   They 
make it too easy for _anybody_ to eavesdrop, and to use the information they 
acquire whilst eavesdropping in really nefarious ways (e.g. the watering hole 
attack someone referred to recently).   And it is entirely appropriate for the 
IETF to think very seriously about how to make these protocols more secure.

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