Loss of Privacy

Last Spring, everyone was surprised when a draft bill was introduced that would allow the president to control the internet.  Senator Jay Rockefeller, the man behind the bill, has reintroduced the bill, S.773, after spending months revising it.  People are even less happy about it now.

CNET News has obtained a copy of the 55-page draft of S.773 (excerpt), which still appears to permit the president to seize temporary control of private-sector networks during a so-called cybersecurity emergency.

If the bill becomes a law, government liaison officers at local cable and internet companies would need to be federally certified, at the company’s cost, and be given the power to switch of any user when demanded by the government.  The GLO would be under the control of bureaucrats and censors in Washington, allowing them to monitor just about everything.  This will, in effect, become state controlled internet.

The language in the bill also implies that we are going to be one step closer to requiring some sort of federally mandated certificate for IT personnel.

“I think the redraft, while improved, remains troubling due to its vagueness,” said Larry Clinton, president of the Internet Security Alliance, which counts representatives of Verizon, Verisign, Nortel, and Carnegie Mellon University on its board. “It is unclear what authority Sen. Rockefeller thinks is necessary over the private sector. Unless this is clarified, we cannot properly analyze, let alone support the bill.”

Rockefeller’s revised legislation…..requires a “cybersecurity workforce plan” from every federal agency, a “dashboard” pilot project, measurements of hiring effectiveness, and the implementation of a “comprehensive national cybersecurity strategy” in six months–even though its mandatory legal review will take a year to complete.

Probably the most controversial language begins in Section 201, which permits the president to “direct the national response to the cyber threat” if necessary for “the national defense and security.” The White House is supposed to engage in “periodic mapping” of private networks deemed to be critical, and those companies “shall share” requested information with the federal government. (“Cyber” is defined as anything having to do with the Internet, telecommunications, computers, or computer networks.)

“The language has changed but it doesn’t contain any real additional limits,” EFF’s Tien says. “It simply switches the more direct and obvious language they had originally to the more ambiguous (version)…The designation of what is a critical infrastructure system or network as far as I can tell has no specific process. There’s no provision for any administrative process or review. That’s where the problems seem to start. And then you have the amorphous powers that go along with it.”

The problem with legislation such as this is that the people who are creating the bill lack a fundamental understanding of how the internet works.  If an outage occurs, the internet will reroute around it.  If a  backbone or ISP is taken down, the internet will reroute around it.  This is how the internet was designed to work.

Now, if a major part of the internet was attacked, it can be corrected.  Therefore, a terrorist would need to simultaneously need to knock out every router and backbone in the USA for this bill to even remotely be relevant.

If the government tells my ISP to shut off all its customers, we are all left in the dark.  We have to then rely on news and information that is given to us by the government.  We will have no way to fact check the information for validity.

As long as two nodes are connected, you will be online.  But if your one source of connection is cut off, you aren’t getting any information that the government doesn’t want you to have.  The USA only needs to shut down 23 companies for 75% of the country to lose access.

If you’re angry about this, write to your senators.  They aren’t going to read your twitter about it and they probably aren’t going to read my article either.  Then, go to the EFF and give them a couple of bucks.  If you don’t fight it, who will?

Sibel Edmonds, FBI whistleblower, had been legally gagged from speaking about what she did.  Now, the video transcript of her testimony, as well as the written transcript [pdf], have been released.

Part 1 51 minutes

Sibel Edmonds Deposition, 8/8/09: PART 1 of 5 from Velvet Revolution on Vimeo.

Watch all five parts on Bradblog.

The UK’s Home Office has already started a reciprocal exchange program with Canada and Australia in which fingerprint data of  asylum seekers, foreign criminals, and migrant workers are used to investigate those who are under suspicion by the UK government.  The US and New Zealand are expected to join soon.

“This new agreement will help us identify and remove individuals whose identities were previously unknown but also improve public safety through better detection of lawbreakers and those coming to the UK for no good,” UK Border Agency deputy chief executive Jonathan Sedgwick said in a Home Office statement.

In the first year of the agreement, each country will have access to 3,000 sets of fingerprints with partner countries, a figure that is expected to rise as the scheme progresses.

The project will use encryption and other security tools to protect all shared files, the Home Office said. As a privacy measure, it will ensure that all fingerprints remain anonymous and cannot be linked to an individual unless a match is detected. In addition, there will be no database of collected fingerprints and all prints will be destroyed once a check has been made.

If the fingerprints are destroyed once a print is made, then how do they expect the database to increase?  Oh that’s right.  They aren’t going to destroy them, they’ll just say they did and say, “Oops,” when they get caught later, when it’s too late.

Although this was originally posted by the ACLU in 2004, it still holds true and bears repeating so others can learn.

Think carefully about your words, movement, body language, and emotions.

Don’t get into an argument with the police.

Remember, anything you say or do can be used against you.

Keep your hands where the police can see them.

Don’t run. Don’t touch any police officer.

Don’t resist even if you believe you are innocent.

Don’t complain on the scene or tell the police they’re wrong or that you’re going to file a complaint.

Do not make any statements regarding the incident. Ask for a lawyer immediately upon your arrest.

Remember officers’ badge and patrol car numbers.

Write down everything you remember ASAP.

Try to find witnesses and their names and phone numbers.

If you are injured, take photographs of the injuries as soon as possible, but make sure you seek medical attention first.

If you feel your rights have been violated, file a written complaint with police department’s internal affairs division or civilian complaint board.

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1. What you say to the police is always important. What you say can be used against you, and it can give the police an excuse to arrest you, especially if you bad-mouth a police officer.

2. You must show your driver’s license and registration when stopped in a car. Otherwise, you don’t have to answer any questions if you are detained or arrested, with one important exception. The police may ask for your name if you have been properly detained, and you can be arrested in some states for refusing to give it. If you reasonably fear that your name is incriminating, you can claim the right to remain silent, which may be a defense in case you are arrested anyway.

3. You don’t have to consent to any search of yourself, your car or your house. If you DO consent to a search, it can affect your rights later in court. If the police say they have a search warrant, ASK TO SEE IT.

4. Do not interfere with, or obstruct the police — you can be arrested for it.

IF YOU ARE STOPPED FOR QUESTIONING

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1. It’s not a crime to refuse to answer questions, but refusing to answer can make the police suspicious about you. If you are asked to identify yourself, see paragraph 2 above.

2. Police may “pat-down” your clothing if they suspect a concealed weapon. Don’t physically resist, but make it clear that you don’t consent to any further search.

3. Ask if you are under arrest. If you are, you have a right to know why.

4. Don’t bad-mouth the police officer or run away, even if you believe what is happening is unreasonable. That could lead to your arrest.

IF YOU’RE STOPPED IN YOUR CAR

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1. Upon request, show them your driver’s license, registration, and proof of insurance. In certain cases, your car can be searched without a warrant as long as the police have probable cause. To protect yourself later, you should make it clear that you do not consent to a search. It is not lawful for police to arrest you simply for refusing to consent to a search.

2. If you’re given a ticket, you should sign it; otherwise you can be arrested. You can always fight the case in court later.

3. If you’re suspected of drunk driving (DWI) and refuse to take a blood, urine or breath test, your driver’s license may be suspended.

IF YOU’RE ARRESTED OR TAKEN TO A POLICE STATION

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1. You have the right to remain silent and to talk to a lawyer before you talk to the police. Tell the police nothing except your name and address. Don’t give any explanations, excuses or stories. You can make your defense later, in court, based on what you and your lawyer decide is best.

2. Ask to see a lawyer immediately. If you can’t pay for a lawyer, you have a right to a free one, and should ask the police how the lawyer can be contacted. Don’t say anything without a lawyer.

3. Within a reasonable time after your arrest, or booking, you have the right to make a local phone call: to a lawyer, bail bondsman, a relative or any other person. The police may not listen to the call to the lawyer.

4. Sometimes you can be released without bail, or have bail lowered. Have your lawyer ask the judge about this possibility. You must be taken before the judge on the next court day after arrest.

5. Do not make any decisions in your case until you have talked with a lawyer.

IN YOUR HOME

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1. If the police knock and ask to enter your home, you don’t have to admit them unless they have a warrant signed by a judge.

2. However, in some emergency situations (like when a person is screaming for help inside, or when the police are chasing someone) officers are allowed to enter and search your home without a warrant.

3. If you are arrested, the police can search you and the area close by. If you are in a building, “close by” usually means just the room you are in.

We all recognize the need for effective law enforcement, but we should also understand our own rights and responsibilities — especially in our relationships with the police. Everyone, including minors, has the right to courteous and respectful police treatment.

If your rights are violated, don’t try to deal with the situation at the scene. You can discuss the matter with an attorney afterwards, or file a complaint with the Internal Affairs or Civilian Complaint Board.

Produced by the American Civil Liberties Union.

The ACLU has even made a pdf for you to print and keep in your pocket, just in case.