Re: US Court says no privacy in wiretap law

[Ivan Krstic]

William Allen Simpson wrote:
Switches, routers, and any intermediate computers are fair game for 
warrantless wiretaps.
It seems privacy and free speech are becoming lost concepts worldwide. 
This just came out today:

http://www.taipeitimes.com/News/worldbiz/archives/2004/07/03/2003177559
So not only does China mercilessly filter the Internet for their 
residents (several weeks ago, they blocked access to Wikipedia), now 
they also filter SMSs. North Korea chose not to bother altogether, and 
after introducing cell phone service a year and a half ago, recently 
shut it down completely for fear of too much foreign influence. I need 
not say international calls were blocked, both inbound and outbound, 
during the period the network was operational.

Is there nothing that can be done about any of this? Do we just stand 
by, watching some of our most important human rights go to shit?

This sets my blood boiling like very few other things.
Caustically embittered,
Ivan.
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US Court says no privacy in wiretap law

[William Allen Simpson]

Switches, routers, and any intermediate computers are fair game for 
warrantless wiretaps.

That is, at any time (the phrase seconds or mili-seconds [sic]) that 
the transmission is not actually on a wire.

Most important, read the very nicely written dissent.  The dissenting 
judge used the correct terms, referenced RFCs, and in general knew what 
he was talking about -- unlike the 2:1 majority!

http://www.ca1.uscourts.gov/pdf.opinions/03-1383-01A.pdf
  ... Under Councilman's narrow interpretation of the Act, the 
  Government would no longer need to obtain a court-authorized wiretap 
  order to conduct such surveillance. This would effectuate a dramatic 
  change in Justice Department policy and mark a significant reduction 
  in the public's right to privacy. 

Such a change would not, however, be limited to the interception 
  of e-mails. Under Councilman's approach, the government would be free 
  to intercept all wire and electronic communications that are in 
  temporary electronic storage without having to comply with the Wiretap 
  Act's procedural protections. That means that the Government could 
  install taps at telephone company switching stations to monitor phone 
  conversations that are temporarily stored in electronic routers 
  during transmission. 
  [page 51-52]

As this is a US Court of Appeals, it sets precedent that other courts 
will use, and directly applies to all ISPs in the NE US.
-- 
William Allen Simpson
Key fingerprint =  17 40 5E 67 15 6F 31 26  DD 0D B9 9B 6A 15 2C 32

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