Defenders of the prosecution seem to think that anyone charged with a felony must somehow deserve punishment. That idea can only be sustained without actual exposure to the legal system. Yes, most of the time prosecutors do chase actual wrongdoers, but today our criminal laws are so expansive that most people of any vigor and spirit can be found to violate them in some way. Basically, under American law, anyone interesting is a felon. The prosecutors, not the law, decide who deserves punishment.
Tim Wu, “How The Legal System Failed Aaron Swartz – And Us”
Tag: United States
2013.1.12
I don’t believe the public would intend for the government to be rummaging through your cupboards while your wife is lying in the next room being prepared to be taken to her final resting place. That’s an extraordinary violation of privacy.
Andrew Fackrell, in Dennis Romboy’s “Police drug search intrudes on husband’s final moments with deceased wife”
2013.1.8
The war on terrorism should not be a war on ethics, integrity, technology and the rule of law. Stopping terrorism should not include terrorizing whistleblowers and truth tellers who raise concern when the government cuts corners to electronically surveill, torture and assassinate its own people. And it is not okay for a president to grant himself the power to play prosecutor, judge, jury and executioner of anyone on the entire fucking planet.
Jesselyn Radack, quoted in “US Whistleblowers on Being Targeted by the Secret Security State”
In the aftermath of Hurricane Sandy, some of the polling stations that would have been used by Americans to cast ballots are gone. Moreover, some citizens in New Jersey are unlikely to either find their new polling station or take the time to find a station and vote. Quite simply, they’re rebuilding their lives: presidential politics aren’t necessarily centre of mind at the moment.
In the wake of the disaster, New Jersey will let some voters cast their ballots by fax and email. One American expert has identified a range of possible attack vectors that could be used to compromise people’s votes. He’s quoted as saying,
Those are just some of the more obvious and potentially catastrophic ways a direct security failure could affect this election … The email voting scheme has so many ways it can fail or that doubt can be cast on the integrity of the results, that if a race somewhere in New Jersey is decided by email ballots, it seems almost guaranteed that we’re going to have a bunch of mini-2000-in-Floridas all over the state.
In addition to basic security concerns around voting, it’s critical to understand that voting by email (effectively) removes secrecy provisions. Messages will not have to be encrypted, meaning that if employees cast their ballots at work then their employer(s) could ascertain how their employees are voting. This is an incredibly serious issue.
In the best of worlds, the New Jersey elections won’t rely or depend on the emailed votes to determine a winner. This said, even if the votes don’t change the local results – if individuals win seats by sufficient margins that the emailed ‘ballots’ wouldn’t affect who won – the national vote could the endangered if the New Jersey voting system is connected to the national system. The risk, here, is that if an attacker could compromise the New Jersey voting infrastructure (perhaps by sending an infected attachment to an email message) then the rest of the infrastructure could also be compromised. Such an attack, were it to occur, could compromise not just the New Jersey results but, potentially, races across the United States.
While it’s evident why the government decided to let people vote by email – to ensure that Americans could cast their ballot despite the horrific natural disaster – these good intentions could result in very, very bad results. Worse, it could encourage trust and confidence in online voting systems more generally, systems that simply cannot be adequately secured (for more as to why, see this and this). While paper ballets are infuriating for many they remain an ideal means of confidently expressing voting intentions. While alternate approaches certainly need to be considered to let people vote, especially in times of crisis, voting by email is not an idea that should have been contemplated, let alone adopted, as a solution to the Sandy-related voting problems.
To be clear and up front: privacy policies suck. I’m currently analyzing the policies of major social networks and if the policies were merely horrific then they’d be massively better than they actually are today.
That said, a privacy policy at least indicates that an organization took the time to copy someone else’s policy. For the briefest of moments there was some (however marginal) contemplation about how the organization’s actions related to privacy. While most companies will just hire a lawyer to slap legalese on their websites, a few will actually think about their data collection and its implications for individuals’ privacy. That’s really all you can hope for privacy policies to generally accomplish unless the company out-and-out lies in their policy. If they do lie then you can get the FTC involved.
The potential for ‘enjoying’ a $2,500 fine per download if a company lacks a privacy policy is a massive stick and, hopefully, will get developers to at least consider how their collection of data implicates users’ privacy. The California approach is not the solution to the problem of people’s data being collected without their genuine consent but at least it’s a start.
The EFF continues it’s long slog to challenge the US government’s warrantless wiretapping. At this point a series of cases have been dismissed, though the Supreme Court is now hearing a case to ascertain whether those who have been affected by the dragnet surveillance – lawyers, journalists, human rights lawyers – can challenge the statute given that it “prevents them from doing their job without taking substantial measures when communicating to overseas witnesses, sources and clients.”
This is an incredibly serious case. The outcome will not decide the legality of the statute itself but just whether it can be challenged. By anyone. A dismissal of the case – that is, a decision declaring that no one clearly has standing to challenge the statute – would prevent the existing intelligence operations from ever being challenged so long as the government avoids bringing warrantlessly-accessed data into a trial as evidence.
Watch this case; if it goes sideways then the American government will have (effectively) been given license by the highest court in the land to surveil Americans, without warrant, and without an effective means to prevent the surveillance.
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The Guardian has an excellent bit of coverage on UK-led rendition practices. These practices entailed collaborating with Libya and China to turn over members of the Libyan Islamic Fighting Group, an anti-Gaddafi organization. Ian Cobain, the journalist, precisely notes the kinds of experiences that UK and American agents subjected members of the organization to during their capture and transit to Libya.
It’s a harrowing read, but important, as it details the significance and associated dangers of the state’s secret extension of powers. It also recognizes that states will ‘turn’ on individuals and groups that they had once supported on the basis of building economic relations with a new ‘friend’. Perhaps most ominously, the article outlines how the secret court processes – where neither the accused nor their counsel are permitted to view or argue about evidence against the accused – have had their rulings ignored. Even the judges in these secret cases cannot impose their power on the state, indicating that arms of the government are entirely divorced from the accountability required for democratic institutions to (normatively) survive.
The only way to stop these kinds of practices is for the public to stop quietly ignoring the erosion of their democracies, civil liberties, and basic freedoms. It remains unclear how this can be done, but given the expansion of the state’s perception of its executive powers, it is imperative that citizens vigorously and actively begin protecting their democracies before the last shreds of democracy are truly lost.
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When lobbying government, it helps if your high-level staff were well-placed government staffers and officials
Grope & Pillage
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Visualizing TSA costs and ‘benefits’ since 9/11