Quotulatiousness

September 2, 2012

The importance of encryption for private citizens

Filed under: History, Liberty, Technology — Tags: , , , , — Nicholas @ 11:26

Wendy McElroy relates one of the earliest examples of private encryption in the young American republic:

In America, the tug of war between privacy and forced access to encrypted data is as old as the nation’s formation. As always, forced access was executed by authorities against individuals.

In 1785, a resolution authorized the secretary of the Department of Foreign Affairs to open and inspect any mail that related to the safety and interests of the United States. The ensuing inspections caused prominent men, like George Washington, to complain of mail tampering. According to various historians, it also led James Madison, Thomas Jefferson and James Monroe to correspond in code. That is, they encrypted their letters to preserve the privacy of their political discussions.

The need for Founding Fathers to encrypt their correspondence is high irony. The intrusive post office against which they rebelled had been established specifically to provide a free flow of political opinion. In the 1770′s, Sam Adams urged the 13 colonies to create an independent postal system because the existing post office, established by the British, acted as a barrier to the spread of rebellious sentiment. Dorothy Ganfield Fowler in her book Unmailable: Congress and the Post Office observed, “He [Adams] claimed the colonial post office was made use of for the purpose of stopping the ‘Channels of publick Intelligence and so in Effect of aiding the measures of Tyranny.’”

Alas, the more government changes, the more oppression remains the same. Soon the Continental Congress itself wanted to declare some types of matter ‘unmailable’ because their content were deemed dangerous. Anti-Federalist letters and periodicals became one of the first types of information to become de facto unmailable. (Anti-federalists resisted centralized government and rejected a Constitution without a Bill of Rights.) During the ratification debates on the Constitution, the Anti-Federalists were unable to circulate their material through the Federalist-controlled post office.

July 5, 2012

Cisco “updates” consumer routers to allow tracking of internet usage, automatic bricking for terms & conditions violations

Filed under: Law, Liberty, Technology — Tags: , , , , , , — Nicholas @ 08:08

If you have a modern Cisco or LinkSys router on your home network, you may have just given up a significant amount in the last “update” the company distributed. ESR has the details:

For those of you who have missed the news, last a few days Cisco pushed a firmware update to several of its most popular routers that bricked the device unless you signed up for Cisco’s “cloud” service. To sign up, you had to agree to the following restrictions:

    When you use the Service, we may keep track of certain information related to your use of the Service, including but not limited to the status and health of your network and networked products; which apps relating to the Service you are using; which features you are using within the Service infrastructure; network traffic (e.g., megabytes per hour); internet history; how frequently you encounter errors on the Service system and other related information (“Other Information”).

So in order to continue using the hardware you bought and paid for and own, you have to agree to let Cisco snoop your browser history and monitor your traffic — a clickstream they would of course instantly turn around and sell to advertising agencies and other snoops. Those terms are so loose (“including but not limited to”) that they could legally read your email and sell that data too.

Disgusted enough yet? Wait, it gets better. The cloud terms of service also includes this gem:

    You agree not to use or permit the use of the Service: (i) to invade another’s privacy; (ii) for obscene, pornographic, or offensive purposes; (iii) to infringe another’s rights, including but not limited to any intellectual property rights; (iv) to upload, email or otherwise transmit or make available any unsolicited or unauthorized advertising, promotional materials, spam, junk mail or any other form of solicitation; (v) to transmit or otherwise make available any code or virus, or perform any activity, that could harm or interfere with any device, software, network or service (including this Service); or (vi) to violate, or encourage any conduct that would violate any applicable law or regulation or give rise to civil or criminal liability.

Translated out of lawyerese, this gives Cisco the right to brick your router if you use it to view anything Cisco considers pornography, or do anything that it might consider IP theft — like, say, bit-torrenting a movie. Or even if you send anything it considers unsolicited advertising — which doesn’t have to mean bulk spam, see “any other form of solicitation”?

The sum of these paragraphs is: “We control your digital life. We can spy on you, we can filter your traffic, we can cut off your net access unilaterally if you do anything we don’t like, and you have no recourse.”

The idea of replacing your router with one that can load and run an open source rather than proprietary system just became a lot more enticing (such things do already exist, although not for all routers).

June 7, 2012

“What’s next? Prosecutions before military tribunals in the U.S.?”

Filed under: Government, Liberty, Military, USA — Tags: , , , , — Nicholas @ 10:57

Judge Andrew Napolitano on the lack of outrage over the use of military drones within the borders of the United States (and, in all probability, Canada):

When drones take pictures of us on our private property and in our homes, and the government uses the photos as it wishes, what will we do about it? Jefferson understood that when the government assaults our privacy and dignity, it is the moral equivalent of violence against us. The folks who hear about this, who either laugh or groan, cannot find it humorous or boring that their every move will be monitored and photographed by the government.

Don’t believe me that this is coming? The photos that the drones will take may be retained and used or even distributed to others in the government so long as the “recipient is reasonably perceived to have a specific, lawful governmental function” in requiring them. And for the first time since the Civil War, the federal government will deploy military personnel inside the United States and publicly acknowledge that it is deploying them “to collect information about U.S. persons.”

It gets worse. If the military personnel see something of interest from a drone, they may apply to a military judge or “military commander” for permission to conduct a physical search of the private property that intrigues them. And, any “incidentally acquired information” can be retained or turned over to local law enforcement. What’s next? Prosecutions before military tribunals in the U.S.?

The quoted phrases above are extracted from a now-public 30-page memorandum issued by President Obama’s Secretary of the Air Force on April 23, 2012. The purpose of the memorandum is stated as “balancing…obtaining intelligence information…and protecting individual rights guaranteed by the U.S. Constitution…” Note the primacy of intelligence gathering over freedom protection, and note the peculiar use of the word “balancing.”

May 21, 2012

Will privacy be on one of the things that differentiates the rich from the rest?

Filed under: Britain, Bureaucracy, Government, Media — Tags: , , , , — Nicholas @ 09:23

Brendan O’Neill in the Telegraph:

Is privacy being turned into a privilege that only the moneyed and the well-connected may enjoy? Two striking stories in the news last week suggest that it is.

In the first story, it was reported that activists and hacks are heaping further pressure on Mark Zuckerberg to improve the privacy settings on Facebook, so that they might update their statuses and post photos of their social shenanigans without having the world and its mother peering over their shoulders. In the second story, we were told that social workers, backed by much of the media, are calling on the prime minister to get rid of “red tape” so that they might more easily interfere in — I’m sorry, intervene in — so-called problem families. There are a lot of damaged families out there, the social workers hinted, and thus we need to rip up some of the rules governing when it is and isn’t okay to stick our snouts into their business.

That these two stories could appear in the same week, and not be considered contradictory, suggests we have a pretty screwed-up attitude to privacy today. Indeed, sometimes the very same members of the political and media classes who believe that their private lives must remain absolutely private will think it is perfectly logical that other people’s private lives — the lives of Them — should be thrown open to state snooping.

May 15, 2012

Nerd politics: problems and opportunities

Filed under: Government, Liberty, Politics, Technology — Tags: , , , , , , — Nicholas @ 00:08

Cory Doctorow in the Guardian on the current state of “nerd politics:

In the aftermath of the Sopa fight, as top Eurocrats are declaring the imminent demise of Acta, as the Trans-Pacific Partnership begins to founder, as the German Pirate party takes seats in a third German regional election, it’s worth taking stock of “nerd politics” and see where we’ve been and where we’re headed.

Since the earliest days of the information wars, people who care about freedom and technology have struggled with two ideological traps: nerd determinism and nerd fatalism. Both are dangerously attractive to people who love technology.

In “nerd determinism,” technologists dismiss dangerous and stupid political, legal and regulatory proposals on the grounds that they are technologically infeasible. Geeks who care about privacy dismiss broad wiretapping laws, easy lawful interception standards, and other networked surveillance on the grounds that they themselves can evade this surveillance. For example, US and EU police agencies demand that network carriers include backdoors for criminal investigations, and geeks snort derisively and say that none of that will work on smart people who use good cryptography in their email and web sessions.

But, while it’s true that geeks can get around this sort of thing — and other bad network policies, such as network-level censorship, or vendor locks on our tablets, phones, consoles, and computers — this isn’t enough to protect us, let alone the world. It doesn’t matter how good your email provider is, or how secure your messages are, if 95% of the people you correspond with use a free webmail service with a lawful interception backdoor, and if none of those people can figure out how to use crypto, then nearly all your email will be within reach of spooks and control-freaks and cops on fishing expeditions.

[. . .]

If people who understand technology don’t claim positions that defend the positive uses of technology, if we don’t operate within the realm of traditional power and politics, if we don’t speak out for the rights of our technically unsophisticated friends and neighbours, then we will also be lost. Technology lets us organise and work together in new ways, and to build new kinds of institutions and groups, but these will always be in the wider world, not above it.

May 7, 2012

Reason.tv: The True Story of Lawrence v. Texas

Filed under: Law, Liberty, USA — Tags: , , , , , — Nicholas @ 00:07

May 1, 2012

The Onion: Every Potential 2040 President Already Unelectable Due To Facebook

Filed under: Government, Humour, Media, Technology, USA — Tags: , , — Nicholas @ 08:47

April 1, 2012

Nightmare progression from Facebook data to stalker app to genocide tool

Filed under: Liberty, Media, Technology — Tags: , , , — Nicholas @ 00:11

Charles Stross on the very disturbing implications of Facebook and other social media tools:

There is an app, currently on the Apple app store as a free download, called Girls Around Me.

A couple of days ago, computer journalist John Brownlee wrote an essay about it explaining why he found it disturbing. I’d like to propose that it is symptomatic of a really major side-effect of our forced acculturation into Facebook’s broken model of human social interaction — a broken model shared by all the most successful social networks, by design — and that it is going to get much worse, until it kills people. Quite possibly in very large numbers.

I wish this was an April Fool’s joke or a piece of dystopian near-future fiction. Unfortunately it isn’t.

[. . .]

What “Girls Around Me” does is simple: it looks up your GPS location, then queries Facebook and FourSquare for people matching a simple search criterion (are they female?) who have checked in (or been checked in by their friends) in your vicinity. It then makes it really easy to pull up their publicly visible information — stuff such as age, occupation, favourite sports, what school they attended, and so on. All the stuff Facebook encourages you to share.

You can probably see why John and his friends became increasingly uneasy about this app: it’s pitched as innocent, slightly hokey fun, but it stops being amusing the instant you imagine it in the hands of a stalker or serial rapist. Or even just an unscrupulous ass-hat in search of a one night stand who isn’t above researching his target’s taste in music and drinks without their knowledge.

Creepy and stalkerish, right? So where’s the dystopic vision? Right here:

It’s easy to imagine how we could make something worse than “Girls Around Me” — something much worse. Facebook encourages us to disclose a wide range of information about ourselves, including our religion and a photograph. Religion is obvious: “Yids Among Us” would obviously be one of the go-to tools of choice for Neo-Nazis. As for skin colour, ethnicity identification from face images is out there already. Want to go queer bashing? There’s an algorithm out there for guessing sexual orientation based on the network graph of the target’s facebook friends. It’s probably possible to apply this sort of data mining exercise to determine whether a woman has had an abortion or is pro-choice.

In the worst case, it’s possible to envisage geolocation and data aggregation apps being designed to facilitate the identification and elimination of some ethnic or class enemy, not only by making it easy for users to track them down, but by making it easy for users to identify each other and form ad-hoc lynch mobs. (Hence my reference to the Rwandan Genocide earlier. Think it couldn’t happen? Look at Iran and imagine an app written for the Basij to make it easy to identify dissidents and form ad-hoc goon squads to proactively hunt them down. Or any other organization in the post-networked world that has a social role corresponding to the Red Guards.)

But as I said earlier, the app is not the problem. The problem is the deployment by profit-oriented corporations of behavioural psychology techniques to induce people to over-share information which can then be aggregated and disclosed to third parties for targeted marketing purposes.

Update, 2 April: The app has been pulled from the App Store after Foursquare revoked the developer’s API access, but the underlying problem is still there.

March 2, 2012

The ugly twins: censorship and surveillance

Filed under: Government, Liberty, Media, Technology — Tags: , , , , , — Nicholas @ 10:27

Cory Doctorow in the Guardian:

There was a time when you could censor without spying. When Britain banned the publication of James Joyce’s Ulysses in the 1920s and 1930s, the ban took the form on a prohibition on the sale of copies of the books. Theoretically, this entailed opening some imported parcels, and it certainly imposed a constraint on publishers and booksellers. It was undoubtedly awful. But we’ve got it worse today.

Jump forward 80 years. Imagine that you want to ban www.jamesjoycesulysses.com due to a copyright claim from the Joyce estate. Thanks to the Digital Economy Act and the provision it makes for a national British copyright firewall, we’re headed for a system where entertainment companies can specify URLs that have “infringing” websites, and a national censorwall will block everyone in the country from visiting those sites.

In order to stop you from visiting www.jamesjoycesulysses.com, the national censorwall must intercept all your outgoing internet requests and examine them to determine whether they are for the banned website. That’s the difference between the old days of censorship and our new digital censorship world. Today, censorship is inseparable from surveillance.

February 24, 2012

“[T]hose who pass for our leaders are largely anti-democratic, elitist and have little compunction about intruding into our private lives”

Filed under: Economics, Liberty, Media, Politics — Tags: , , , — Nicholas @ 10:21

Daniel Ben-Ami at spiked! recommends reading Robert H Frank’s The Darwin Economy: not because it’s well-written (he says it’s not) but because it exposes the mindset of our would-be tyrants.

Everyone interested in contemporary society should read Robert H Frank’s The Darwin Economy or a book like it. It is not that it is amazingly astute or beautifully written. It is neither. But it does give readers an exceedingly important perspective: an inside view of how the current generation of politician-technocrats thinks.

Identifying some of the key themes of contemporary political debate is easy enough. A glance at the media reveals that those who pass for our leaders are largely anti-democratic, elitist and have little compunction about intruding into our private lives. Working out how they reach the conclusions they do, understanding the internal logic or their approach, is more difficult.

In many ways, economics is the discipline best suited to the technocratic mindset. This has nothing to do with its traditional subject matter. It is not about debating how to produce goods and services or how to distribute them. Instead, it relates to how economics has emerged as an approach that distances itself from democratic politics and provides little room for human agency.

[. . .]

Finally, the narrow vision embodied in technocratic approaches leads to a blinkered approach to problem-solving. For example, most economists discuss tackling climate change in terms of the optimum design of a market for carbon trading. There is little critical debate about the nature of the threat the world is facing or of the range of possible solutions. One alternative to tinkering with the demand for carbon might be to have a huge programme for building nuclear reactors. Such an initiative would also have the advantage of helping to tackle a vital but often forgotten problem: the need for massive amounts of additional energy to fuel economic development.

The technocratic approach to policymaking has become immensely influential and pernicious. Although it is often expressed in terms of economic arguments, it has an impact across the whole range of social life. It is anti-democratic, anti-political and anti-human. To counter the rise of technocracy, it is necessary to delve deep into how its arch-exponents think.

February 22, 2012

Rick Mercer: Get a warrant, Vic!

Filed under: Cancon, Law, Liberty, Media, Technology — Tags: , , — Nicholas @ 11:39

“Mr. Toews encapsulated both the intellectual bankruptcy of the post-9/11 security/freedom equation and the capricious, self-indulgent doltishness that sometimes infects the Conservative government’s policymaking”

Filed under: Cancon, Government, Liberty, Media, Technology — Tags: , , , , , — Nicholas @ 11:19

Chris Selley in the National Post on the disappointing moment at the start of the fight against C-30, the Canadian government’s internet bill that would eviscerate what little privacy protection still exists:

The most disappointing moment in the otherwise heartening backlash against the Protecting Children from Online Predators Act came right at the beginning, immediately after Public Safety Minister Vic Toews issued his immortal Question Period ultimatum. Mr. Toews was defending a law that would, among other things, allow government agents to march into your Internet service provider, without a warrant, and “examine any document, information or thing.” In this regard, he said Liberal MP Francis Scarpaleggia, and by extension all Canadians, “can either stand with us or with the child pornographers.”

He deserved — Canadian democracy deserved — nothing less than a humiliating, well-crafted, immediate putdown. He didn’t even get a “for shame.”

[. . .]

In a dozen words, Mr. Toews encapsulated both the intellectual bankruptcy of the post-9/11 security/freedom equation and the capricious, self-indulgent doltishness that sometimes infects the Conservative government’s policymaking. Any high school student should be able to identify and debunk the fallacy Mr. Toews was employing; to defend the intrinsic value of freedom and privacy; to articulate the dangers of handing governments excessive and unnecessary powers.

[. . .]

So, I think Mr. Toews’ comment sealed the deal. In the light of day, the War on Terror-era “you’re with us or you’re with the terrorists” argument is cringe-inducing; sub in criminals for terrorists and it’s laughable. More importantly, though, I suspect Mr. Toews finally confirmed a certain suspicion among many Canadians: When the government tells you it needs to limit your privacy or freedom, what it probably means is that it wants to limit your privacy and freedom and thinks you won’t put up a fight. It’s delightful to see this government proved wrong.

February 19, 2012

Toews didn’t even know what was in his own proposed legislation

Filed under: Cancon, Law, Liberty, Media, Technology — Tags: , , , — Nicholas @ 11:36

In an interview with the CBC, Public Safety Minister Vic Toews reveals that he hasn’t actually read or understood his own bill:

In an interview airing Saturday on CBC Radio’s The House, Toews said his understanding of the bill is that police can only request information from the ISPs where they are conducting “a specific criminal investigation.”

But Section 17 of the ‘Protecting Children from Internet Predators Act’ outlines “exceptional circumstances” under which “any police officer” can ask an ISP to turn over personal client information.

“I’d certainly like to see an explanation of that,” Toews told host Evan Solomon after a week of public backlash against Bill C-30, which would require internet service providers to turn over client information without a warrant.

“This is the first time that I’m hearing this somehow extends ordinary police emergency powers [to telecommunications]. In my opinion, it doesn’t. And it shouldn’t.”

As was detailed in a recent post on the Canadian Privacy Law Blog, Bill C-30 is riddled with nasty little booby traps, including a provision that prevents your ISP from telling you that your information has been given to the police (or other “inspectors” as designated by the minister) even after the investigation is complete. For that matter, there doesn’t even have to be a criminal investigation underway: if someone is given the role of “inspector” under this bill, they have the right to demand this information under any circumstances at all.

An update to that blog post since last time I linked to it:

Update (18 February 2012): It is really worth noting that this gag order is not new. It has existed in PIPEDA for quite some time. What is new is extending it to cover “lawful access” requests.

People should be aware that — I am told — in the vast majority of cases, internet service providers will willingly hand over customer information without a warrant when the police tell them that it is connected with a child exploitation investigation (using something cynically called a “PIPEDA Request”, which I’ve blogged about before). If your internet service provider hands over your information voluntarily, that’s also subject to the gag order in Section 9 of PIPEDA.

February 18, 2012

Even hardcore pro-Tory cheerleaders hate the new Internet bill

Filed under: Cancon, Government, Liberty, Media, Technology — Tags: , , , , — Nicholas @ 12:27

The Sun chain of newspapers is without a doubt the most pro-Conservative media voice in Canada. When even they are calling Bill C-30 “seriously flawed”, you’ve got to hope that the government will give up:

The legislation, Bill C-30, tabled this week as the Protecting Children from Internet Predators Act, had virtually no safeguards to protect law-abiding Canadians, including the media, from being spied upon by police, bureaucrats, CSIS — even the competition bureau.

Until Prime Minister Stephen Harper punted the bill straight to committee for a badly-needed overhaul, his government appeared unconcerned about its own inconsistency.

Earlier this week, for example, the long-gun registry was finally put down, killed by the Harper majority for one reason and one reason alone.

It was rightly deemed to be an intrusion into the privacy of law-abiding Canadians.

This leaves Bill C-30 indefensible in its present form.

Requiring telecommunications providers to hand over personal information — without a warrant — to law-enforcement agencies opens the door to incredible abuses, and not just by Big Brother.

“This is going to be like the Fort Knox of information that the hackers and the real bad guys will want to go after,” said Ann Cavoukian, Ontario’s privacy commissioner.

The bill also includes a lovely little gag order provision that prevents your ISP from telling you when your information has been turned over to “inspectors” under the bill (and that doesn’t limit itself to the police: anyone could be appointed as an inspector by the ministry).

February 17, 2012

Even the folks who supported “lawful access” are rethinking after Vic Toews’ “with us or with the child pornographers” comment

Filed under: Cancon, Liberty, Technology — Tags: , , , — Nicholas @ 10:48

Lorne Gunter was about to write in favour of the Conservative government’s Orwellian “lawful access” legislation until Vic Toews clarified the issue for him:

Want to read my email, Vic Toews? Get a warrant

Vic Toews, stay out of my inbox. And no, it’s not because I’m trying to hide messages between me and kiddie porn providers.

I was about to write a column defending the Tories’ “lawful access” bill, albeit with strong reservations. Then Public Safety Minister Vic Toews accused anyone and everyone who wasn’t fully behind his bill of being supportive of the sexual creeps who prey on children by making and distributing pornographic images of them.

Seriously, Mr. Toews? Could you have done anything else that would have more thoroughly confirmed civil libertarians’ fears about your bill’s assault on privacy and personal liberty?

It is not a sign of indifference to the scourge of online child pornography to be concerned about giving police too much authority to snoop around in Canadians’ online activities. That’s a genie that cannot be put back in its bottle once it’s been released.

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