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To: Frederick Smart who wrote (27933)8/29/1999 11:08:00 AM
From: Frederick Smart  Read Replies (1) | Respond to of 42771
 
Stealth Searches: A New Animal.....

>>They Want to Break In

Mike Hudack
Editor-in-Chief

LiloMan
OSAll Contributor

AP

The FBI has always hated encryption -- it's a thorn in its side. More properly, it's a wall of thorns. The FBI has always had impunity to wiretap phones, plant microphones and follow suspects -- given a court order, of course (although they were often bypassed or improper). With the advent of encryption there was no way to effectively wiretap.

The FBI isn't going to sit around while criminals (and regular citizens) have private communications... it just doesn't work that way. It was only a matter of time before the Justice Department had one of two bills introduced: either key escrow or a burglaring law. The less controversial of the two was probably the latter, but not by much.

In order for a wiretap to be effective the target must not know he is being eavesdropped upon. The serving of a search warrant to discover the contents of encrypted documents would defeat the entire purpose of eavesdropping -- at least if the warrant was served in the traditional sense. The new request from the Justice Department introduced to Congress calls for a new type of stealth search.

The request asks that Congress authorize breaking and entering into a suspects' residence or office for the purpose of compromising passwords and encryption keys. If passed you won't know that a warrant has been served upon you until your are either charged with a crime or arrested.

This request has not yet received a response from the ACLU (at the time of this writing) but OSAll has spoken with a congressional staffer who has reviewed the request. "It looks like a complete change in the way searches are conducted," says the staffer in a Senators' office. "Anything found in the process of attaining the keys and passwords would be admissable too," he continues.

The request, if granted, would allow both electronic and physical intrusion, both stealthy. Under current case law any evidence found in the conduct of a legal search but not specifically named on the warrant is still admissable in court. This means that if a team of FBI agents enters your home to find passwords and crypto keys and finds a gun sitting on the table they are authorized to use that gun against you in court.

Several FBI agents and an administration spokesperson said that the Clinton administration is "supportive of encryption." This latest move seems to suggest they are not, however.

It further requests that the FBI be able to leave eavesdropping devices behind, such as a copy of Back Orifice or the fabled DIRT to continue monitoring.

OSAll is covering this story on a daily basis and is in the process of speaking to several FBI agents and representatives of several citizen rights advocacy groups. We'll have more information on this story as soon as we receive it.

You can read another good article on this subject, based on an AP report, in the Washington Post.

aviary-mag.com;

Peter, others.....does this sound like what we all had in mind regarding the merits of CESA?

If enacted, this looks like a blank check.

Collectively, these and other moves are accelerating the rollback of 223 years of freedom.

It's not too much of a stretch to imagine Free unwarrented "stealth" access to our homes evolving into what Europe when through after WWI.

Problem is, if we let the wolf into the hen house it will be too late.

Maybe I'm totally mistaken here.

Perhaps these folks are service shepards dealing with a bunch of sheep - us - who simply need help, are too busy and don't know better. Perhaps their motives are pure. Perhaps their record is spotless. Perhaps they are just trying to help and be of service.

Pose the questions to yourself. What kind of people are we dealing with here. Why do they want access so quickly, so pervasively to more and more information? What's their agenda? Why are they recruiting teenagers promising to pay their college educations? Why is Microsoft providing FREE consultants? Why did the FCC allow the FBI a complete blanket Ok on digital wiretapping. Who started project Echelon?

ONE branch of government can do all this? How is this possible? Where are our representatives?

Have we lost control? Is it too late?

Sorry for the tone, but this is more than wacky. Somethings smells rotten. I'm beginning to seriously wonder myself.

DigitalMe would be a great service for everyone everywhere to provide an immediate balance against this trend.

Peace.

GO!!