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How the US Government Secretly Reads Your Email
Secret orders forcing Google and Sonic to release a WikiLeaks volunteer's email reveal the scale of US government snooping
Somewhere, a US government official is reading through a list of those who sent or received an email from Jacob Appelbaum, a 28-year-old computer science researcher at the University of Washington who volunteered for WikiLeaks. Among those listed will be my name, a journalist who interviewed Appelbaum for a book about the digital revolution.
Appelbaum is a spokesman for Tor, a free internet anonymizing software that helps people defend themselves against internet surveillance. He's spent five years teaching activists around the world how to install and use the service to avoid being monitored by repressive governments. It's exactly the sort of technology Secretary of State Hilary Clinton praised in her famous "Internet Freedom" speech in January 2010, when she promised US government support for the designers of technology that circumvented blocks or firewalls. Now, Appelbaum finds himself a target of his own government as a result of his friendship with Julian Assange and the fact WikiLeaks used the Tor software.
Appelbaum has not been charged with any wrongdoing; nor has the government shown probable cause that he is guilty of any criminal offense.
That matters not a jot, because, as the law stands, government officials don't need a search warrant to access our digital data. Searching someone's home requires a warrant that can only be obtained by proving probable cause, but digital searches require no such burden of proof. Instead, officials essentially "self-certify" to a judge that the information they seek is, in their opinion, relevant to an ongoing criminal investigation. On this basis, Google and a small ISP called Sonic were made to hand over to the government all Appelbaum's email headers from the past two years.
Most people are not aware of the ease with which governments – free, open and so-called democratic – can access and peruse our private communications. This is because these court orders are commonly sealed. What is uncommon is for internet service providers to request the orders be unsealed so they can inform their customers, as Sonic and Google did in Appelbaum's case.
Privacy researcher Chris Soghoian estimates there are likely tens of thousands of these 2703(d) orders made annually by the federal government under the Electronic Communications Privacy Act. He bases this on the number of pen registers granted to the federal government annually: 12,000. These allow officials to intercept telephone and internet meta-data in real time.
"There's far more data to be had after the fact, so probably these 2703(d) orders are even more common," Soghoian says.
The fourth amendment of the US Constitution should protect against unwarranted search and seizure. Its inclusion in the Bill of Rights was a result of colonialists' anger at abuse suffered at the hands of British officials using writs of assistance. Writs were general warrants issued by the British Parliament to allow customs officials to search for smuggled goods, but in the American colonies, they were used by agents of the British state to interrogate people and raid their homes on the pretext of searching and seizing any "prohibited and uncustomed goods", which often meant "seditious" publications that criticized government policies or the King.
The colony of Massachusetts banned these general warrants in 1756 and when the governor overturned the ban, it was one of the sparks for the American Revolution. It's ironic then to see how, under the guise of "patriotism", these court orders have stripped away fourth amendment protections and granted to US officials the same unlimited powers of search and seizure that so aggravated the American revolutionaries.
Today, the privacy law surrounding our emails is woefully outdated, as it is based on the technology of the first email services of the 1980s. Back then, people dialed up their provider to download email onto their home computer. Mail left for over 180 days was considered in storage, so was not subject to the wiretap protections which were for information in transmission. This means email older than 180 days doesn't require a warrant whereas anything newer does. Now, with cloud services and extensive storage available through services such as Gmail, our primary archive of email is held more or less indefinitely. Ironically, this means the most important or sensitive emails receive the lowest legal protections. (The law is also weighted to protect unread mail over read mail so, strangely, spam that remains unopened because it goes straight to your junk folder has more privacy protections than read mail in your archives.)
Few citizens of the world will be adequately clued up on US surveillance laws, yet information stored on Facebook, Twitter, Google or any other American companies is subject to them. Unwarranted search and seizure by the government officials was unacceptable to the American revolutionaries. Shouldn't it be unacceptable in the digital age, too?
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61 Comments so far
Show Allyes, for sure the law doesn't provide the protections that the people expect and the law should be changed.
We should blame the bloodsuckingwallstreetbanksters that helped fund the growth of the internet and the filthy multinationalindustrialoppressers who plot out new ways to manufacture all the devices that we acquire at absurdly low prices so that we can use the internet all the damn time.
By allowing us to communicate in new ways these criminal oppressors have opened up endless possibilities for all sorts of mischief and they should be made to pay reparations.
but maybe we should start by urging that the law be brought up to date.
Not sure why we need a law to enforce the Fourth Amendment. What we need is a government that doesn't consider constitutional protections to be so many impediments to "security."
Wrong. As usual. As usual the typical capitalist propaganda.
The growth of the net was funded by taxpayers, and people who pay money to ISPs.
And if those devices are manufactured at such "low" prices, why then to manufacturers of those devices make such high profits?
Well said, rfloh!
---The growth of the net was funded by taxpayers, and people who pay money to ISPs.---
not really, arfie. modern commerce isn't anywhere near as simple as that. You wanna send an e-mail to Bill Gates and he'll explain that it's not all from taxpayer money.
------And if those devices are manufactured at such "low" prices, why then to manufacturers of those devices make such high profits?------
if a bottle of Budweiser costs less than buck, how come the Busch family can make a profit of two pennies per bottle and still afford to buy a baseball team and a blimp, and a bunch of big hairy horses?
and arfie, if you look at the brand and model numbers of your cell phone(s) and computer(s) you'll find that they were manufactured in places where people aren't getting paid $14/hr and benefits.
fuster says a lot of trufes...
It's time for all repressive governments to go.
It's not really a secret. I sometimes suspect they want people to know that our emails are accessible to them, to scare us more. But people are amazing -- for example, all those celebrities and others who email sexually explicit things to some object of their interests only to be shocked later when these turn up to be used in evidence against them and become viral videos all over the world.
It is well to know that anything uploaded to the internet, including -- perhaps even especially -- postings to sites like this as well as anything emailed goes through an electronic screening process and any word that is on their suspicious words list causes the sender to be looked at.
Exactly why we should pepper all of our emails with suspected words.
Maybe that will either crash their system or hopefully cause the government to hire more people to look at the suspect email.
Now, that's job creation.
Terran
Thanks to an anonymous but totally reliable source, I've gotten my e-hands on that special list of words. I suggest we place them as the signature to every email and message we post. Here it is:
--
gay, lesbian, homo, homosexual, dyke, fag, christopher street, faggot, queer, poof, rump ranger, fudge packer, cock sucker, cum lapper, stonewall, castro street, harvey milk, dan white, lgb, lgbt, lgbtq, bisexual, same sex love, rug muncher, bomb
The American ruling class treats the 4th amendment like toilet paper. It's not just our e-mail that they spy on, it's likely also our internet browsing and phone messages. Presumably even these very CD comments are being monitored for (to them) unpatriotic views. The U.S. spends countless billions on the CIA, the NSA, the DIA and only God knows whatall other agencies. That buys a whole lot of spying.
Meanwhile, more and more government information is top secret and any exposure of stuff THEY want private is treated as high treason. (Think Bradley Manning.)
yeah, that Bradley Manning guy isn't fucked-up and didn't do anything wrong and people are just so mean to him.
What Bradley Manning did, my dear troll, was highly illegal, but not at all wrong.
I doubt that you even know what he did or why he did it.
I know that your "st" should really be a "ck".
there's really both "st" and "ck" in fustercluck.
good going.
LOL- well I do appreciate a good sense of humor!
it helps hold a sad world together
Hey that's a great nickname - thank you, Fustercluck.
And of course you know everything . . . right? Well, maybe if you tortured the information out of him. :-)
nobody tortured Manning for info and nobody would ever have to do that. the dude is strung too tight.
I don't know everything that he released, corvo, but you take fifteen minutes and you can find what's he's said that he filched.
I can make a case for agreeing with you that a couple of things from Iraq were defensible, but .....take the fifteen minutes and get an idea of how extensive a theft he committed and you're gonna see that the guy had no idea in hell of what he was releasing because he never read it
tell me how he could have a made an informed and moral choice if he didn't know what the fuck he was doing or who and what would be affected by what he was doing?
I repeat: What he did was highly illegal but not wrong.
This dual US and UK citizen makes points about our history which we should applaud.
Wish I had same. I'd move to Scotland in an instant where people sitill believe in a free world of socialism. Ask Tommy Sheridan or Rose Kane, both formerly of Scottish Socialists.
and I repeat that you're only talking about a small part of what he did.
Nope, I'm talking about all of it.
What we presume he did was expose a whole bunch of shit people didn't want us to know. Look up extreme isolation or try it sometime and tell me it isn't torture. Not to mention this punishment came from not being tried nor convicted of anything.
If media would report rather than parrot there would be no wikileaks. Watergate would be a non story by todays's standards.
Fine. Then they already know what I think of 'em. I could really care less at this point.
And thanks to Gov. Jerry Brown for his latest foray into fascism by giving his Goon's access to the citizenry's cell phones. Nice going, Jer. What a guy!
I was regularly vilified on "liberal" blogs for saying that Californians were crazy to elect that man.
I guess that you can be excused for posting it twice as they elected him twice.
I guess that you can be excused for posting it twice as they elected him twice.
Don't these people have anything better to do? Something useful and contributory? It seems to me that a whole lot of 'government' spends its time sticking its nose in other people's business when it should be minding its own.
Actually they've contracted the easedropping and intelligence gathering out to very profitable private concerns. It's in these private businesses' interest to make this all seem very productive and necessary. I personally see it as an area of wasterful spending. But no one's going to admit to that. The intelligence industry is one of the few industries that is high growth at the moment.
Colonial era writs of assistance were indeed a major issue leading up to the 1776 American revolution. To my knowledge, they were not issued by the British Parliament. Writs of assistance were issued by British colonial magistrates (the King's judges), who almost invariably went riding forth with the raid team of red coat soldiers and tax collectors to ransack the home or business designated in the writ. It was that feature - the Magistrate who authorized the search also took active part in executing his own court order - that the colonists on the receiving end found particularly offensive.
In the declaration of independence, one of the numerous grievances addressed against King George III was "he hath erected a Multitude of new Offices, and sent hither Swarms of Officers to harrass our People, and eat out their Substance." That was what writs of assistance epitomized.
It was systematic abuse of the search warrant process - with the judiciary on the inside, an integral part of those abuses - that caused the Fourth Amendment to become part of the US constitution's Bill of Rights. Today, retrievable digital communications archives make up part of the "houses, papers and effects" that are supposed to be secure from unreasonable seizure by the government.
As Heather Brooke points out, we've come full circle. The short-circuited section 2703 mechanism for getting rubber stamped approval order authority to rummage through email messages has its historic parallels. So, too, do those Special Ops "night raids" that the Afghan civilian population keep complaining bitterly about.
Bill from Saginaw
When I first moved to Brussels I would listen to all the french conversations around me.
They all sounded so sophisticated , so exotic. Surely they must be discussing Sartre and Camus and Vichy.
I was so disaapointed when I became fluent and heard nothing but chatter about grocery lists , their kids and griping about the weather and their boss.
I pity the people who have to look at emails. ~lol
Je mange. Je défèque. Je propage. Je me plains.
The premise that secrecy is important to the people's defense against the elites' class war aggression grotesquely complicates the people's agenda, both ethically and logistically.
It's obvious that full openness in communication is most clear, simple, powerful and ethical. If you are angered or embarassed that a stranger reads your communications, it's only because you were taught to be so. You were taught that life is a perpetual contest for zero-sum influence/advantage.
You are free to re-teach yourself that life is a wonderful nirvana, and that if anyone eavesdrops, it isn't going to hurt you. In such a world, people won't bother with destructive pursuits such as exploiting information for zero-sum gain. You do want to support such a world, right?
Now this proposal may be easily exploited by the elites, those who see the world not as a wonderful nirvana but as a ring for perpetual gladiator battle. And so, while keeping hold on the vision of nirvana, you choose a different approach to combat the elite threat.
To do so you may have to choose yourself to give up most if not all of the opiates, trappings, and lies our elite oppressors have pushed on us to confuse, distract and enslave us.
Openness in information/knowledge has huge potential. We don't want to inadvertently support the culture of secrecy, scarcity, 'intellectual property', or the class warfare that goes hand-in-hand with all that. Invite yourself to explore the potential of opening all information channels to the public domain, and enjoy the magnificent beauty of a fully open information space. Watch the thug elites run frantically from this idea.
Food for thought, rtdrury. The problems with your "proposal" are obvious, but it's a challenge worth facing. Intriguing proposal.
Opensource software is a fantastic effort. I would like opensource hardware technology to emerge, as well. Right now, my only concern there is that the profit-making mega corporations will "steal" the ideas, tweak the design just a little bit, file for patents and continue to harass the little guy. I am waiting for the day when opensource technology will be the norm. By hardware, I don't just mean computers and electronics - I include especially renewable energy technologies.
Here's the deal. Reality.
You think evil people, people who want to kill us , ( and there are such people, and no , not because of "payback" , for their own reasons,) are going to plan things in a public place where everyone can over hear?
Of course you need to use subterfuge.
And it's just like in a sports game, you don;t tell your opponent your game plan. If you do you may as well not have one.
I do recall an article posted here many months ago that detailed an anaysis of the use of the Patriot Act which demonstrated that people's privacy of communication wasn't being infringed. That it had been used very few times.
Here's the deal. Reality.
You are throwing shit at the wall. And BTW, IMO, you are evil. So you should have your home invaded and searched.
And you base that on what?
Evil acts I have done or are conspiring to do?
Your comments will suffice. :-)
thank you
it's not good to agree with anyone and everyone
it means you aren't thinking for yourself
It does not follow that if you don't agree with anyone and everyone, you're necessarily thinking for yourself.
quite good,corvo.
especially so for a non-troll.
Privacy is not being infringed because there isn't any privacy. They suck up everything that goes across the tubes.
Now a quick review of the 10 years since 9/11 use of "sneak and peek" warrants alone says:
For terrorism: 15
For fraud: 122
For drugs:1618
Looks pretty cool in bar graph form.
It's tresspassing, pure and simple.
When someone gains access to YOUR computer without your permission, they are tresspassing. It is your property and no one has a right to go there without your permission. No one.
Right now, I have been fighting something that calls itself "HP Agent". It repetedly trashes my computer. Maybe it is a government thing (but what does the goverment have against old ladies). I suspect it is a corporate thing. They are trying to "target me" with ads they consider I would be interested in. NOT
This "thing" expects me to "download" important files daily! Not.
If anyone has any ideas about getting rid of these intruders, please let me know.
My best idea has been to run the DOS command, CHKDSK /f
It does work but they keep coming back. And they have no right to be here..
http://answers.yahoo.com/question/index?qid=20061117213206AAmmdOa
Does that help?
You either have an hp computer or some other hp hardware. It's installed an updater. Follow the previous link. And turn it off. It's not nefarious but they are irritating. But if you turn it off, you're going to have check for updates periodically. And those files it wants you to download, may help keep your equipmnet running longer so it's in your interest to be familiar with these things. "Chdsk" only checks your harddrive for bad or corrupted sectors, it's not an anti-virus or malware product.
SPYBOT works well with my xp.
Obama. If you and your corporate asshole friends are reading this. Fuck You!
Of course it's unacceptable in the digital age. But many Americans and all American officials are incredibly immune to intelligence as they bandy about their horseshit, brain-dead, mind-controlled concept of 'patriotism'.
Remember 'patriotism is the last refuge to which the scoundrel clings.' - Bob Dylan.
At any rate, not to worry darling, just wait till the U.S. fascist government gets a face-full of what we've got up our digital sleeves... They'll wish to Christ they'd never fucked with us.