FBI Powers: FBI to begin monitoring Game Consoles and VoIP

[dmcowen674]

Subject: from BW - More Spy Powers for the FBI? Bad Move
Date: Thu, 18 Mar 2004 13:36:16 -0500
From: Chuck Mauthe <cmauthe@transcard.com>
To: 'Politech' <declan@well.com>

original story is at
http://www.businessweek.com/technology/content/mar2004/tc20040318_2440_tc073
.htm

MARCH 18, 2004

PRIVACY MATTERS
By Jane Black

More Spy Powers for the FBI? Bad Move
Now the feds are demanding that the FCC grant full access to tap all sorts
of Net communications. It simply isn't necessary
On Mar. 12, the Justice Dept., FBI, and Drug Enforcement Administration
delivered an 83-page petition to the Federal Communications Commission
demanding dramatic new surveillance powers. If they're approved, the FBI
would have the right to require Internet service providers (ISPs), voice
over Internet protocol (VoIP) companies, and others that rely on broadband
access to the Net to redesign their networks to support standards designed
by law enforcement for wiretapping and tracing.



2-9-2004 FBI asks computer shops to help fight cybercrime

Eric Seitz, a Honolulu criminal defense and civil-rights attorney said that if someone takes a computer into a repair shop, they surrender their right to privacy.

"I'm not really sure there is a problem," Seitz said. "You are inviting someone to search your private information system, and if that person finds evidence of illegal activity, that person can report it."

Although Laanui declined to disclose specific numbers of arrests and prosecutions involving cooperation by computer-repair technicians, the squad has made some high-profile collars unrelated to the repair technicians.

"If I ran into something suspicious on a customer's computer I would report it, or I would tell them to report it," Joffs said. "It (contacting computer professionals) makes sense. If you pay attention, you may see something you wouldn't think of reporting. It is one of the best means to find illegal things or things they (the FBI) need to look out for."

 

[gsaldivar]

Did you stop reading after the first few paragraphs, Chicken Little?

"The work that we do doesn't really require us to rummage through files or documents," said James Kerr, president and CEO of Super Geeks repair shop on King Street. "Because we're so busy and focused on getting the work done, there is no free time to scour through files."

Kerr said all of his "geeks" sign nondisclosure agreements stating that they cannot talk, even amongst themselves, about material that they come across while repairing a client's computer. He said they are encouraged to approach a supervisor if they do come across something that concerns them.

"Our job is to fix computers, not enforce the law. We're here to fix things, not police things," Kerr said. "People's private lives are their private business. If they have child pornography, we're contacting the police. But if they're sharing music files on Kazaa, that's not our business."

 

[dmcowen674]

Originally posted by: gsaldivar
Did you stop reading after the first few paragraphs, Chicken Little?

"The work that we do doesn't really require us to rummage through files or documents," said James Kerr, president and CEO of Super Geeks repair shop on King Street. "Because we're so busy and focused on getting the work done, there is no free time to scour through files."

Kerr said all of his "geeks" sign nondisclosure agreements stating that they cannot talk, even amongst themselves, about material that they come across while repairing a client's computer. He said they are encouraged to approach a supervisor if they do come across something that concerns them.

"Our job is to fix computers, not enforce the law. We're here to fix things, not police things," Kerr said. "People's private lives are their private business. If they have child pornography, we're contacting the police. But if they're sharing music files on Kazaa, that's not our business."

That's what they say but they are pressured by many FBI Agents to monitor and report their Customer's PC's contents.

 

[kylebisme]

besides that is just the possition of the head of one repair shop.

 

[Red Dawn]

Originally posted by: dmcowen674

Originally posted by: gsaldivar
Did you stop reading after the first few paragraphs, Chicken Little?

"The work that we do doesn't really require us to rummage through files or documents," said James Kerr, president and CEO of Super Geeks repair shop on King Street. "Because we're so busy and focused on getting the work done, there is no free time to scour through files."

Kerr said all of his "geeks" sign nondisclosure agreements stating that they cannot talk, even amongst themselves, about material that they come across while repairing a client's computer. He said they are encouraged to approach a supervisor if they do come across something that concerns them.

"Our job is to fix computers, not enforce the law. We're here to fix things, not police things," Kerr said. "People's private lives are their private business. If they have child pornography, we're contacting the police. But if they're sharing music files on Kazaa, that's not our business."

That's what they say but they are pressured by many FBI Agents to monitor and report their Customer's PC's contents.

LOL, like a PC Repairman would comply with a request from the FBI! I've seen plenty of weird stuff on PC's I've repaired and the only person I would tell about it to would be a co-worker and that would just be for the entertainment value.

 

[kylebisme]

well i suppose it depends on how "patriotic" you are.

 

[Red Dawn]

Originally posted by: TheSnowman
well i suppose it depends on how "patriotic" you are.

Joe McCarthy Patriotic or Libertarian Patriotic?

 

[BugsBunny1078]

I don't see how anyone could agree with having certain bits of data, or movies, or pictures, or songs merely in your possession to be illegal.
"If the First Amendment means anything, it means that the State has no business telling a man what books he may read or what films he may watch. Our whole constitutional heritage rebels at the thought of giving government the power to control men's minds."

 

[kylebisme]

well sure Bugs, but the riaa pays a lot of money for our government to think otherwise.

 

[Zephyr106]

Both child pornography and stolen media are illegal to have on a computer. This is an outrage. Those computers should be confiscated and their owners sent to jail where they will have to work and pay the copyright owners the original cost of producing the stolen media. Even if it is a huge 1/2 billion $ feature film.

Zephyr

 

[Red Dawn]

Originally posted by: Zephyr106
Both child pornography and stolen media are illegal to have on a computer. This is an outrage. Those computers should be confiscated and their owners sent to jail where they will have to work and pay the copyright owners the original cost of producing the stolen media. Even if it is a huge 1/2 billion $ feature film.

Zephyr

The Stassi would have loved you!

Now Child Pornagraphy would be another matter but most of the time when working on someones computer a Repairman wouldn't see it unless they were snooping around looking at the owners private files.

 

[Shad0hawK]

Originally posted by: Red Dawn LOL, like a PC Repairman would comply with a request from the FBI! I've seen plenty of weird stuff on PC's I've repaired and the only person I would tell about it to would be a co-worker and that would just be for the entertainment value.

in the case of child pornography i would report the sicko in a heartbeat.

since i have never yet come across one our the rest of our techs, it is usually stuff that gets laughed at.

 

[Wheezer]

Well thank god I do my own stuff.

Now on to the bigger issue first I will agree that if it is kiddie porn then yes it should be reported BUT the problem is this: if I bring you my computer to have the modem replaced then what right do you have to snoop through my hard drive? YOU are invading my privacy. I am not paying you to do anything other than replace my modem. To me it's like saying if I have a plumber come in to do work in my kitchen then he automatically has the right to go through my closets? I mean after all I ASKED him to COME TO MY HOME by doing so I give up my right to privacy? Sorry don't think so.

 

[buckmasterson]

If I ever run into this, the Police will know.

 

[BugsBunny1078]

Originally posted by: Zephyr106
Both child pornography and stolen media are illegal to have on a computer. This is an outrage. Those computers should be confiscated and their owners sent to jail where they will have to work and pay the copyright owners the original cost of producing the stolen media. Even if it is a huge 1/2 billion $ feature film.

Zephyr

That is a very blanket statement and at best depends on what state you're in.
It's not a federal crime to possess child pornography unless it has been sent in interstate or foreign commerce. Stuff made in your own state is OK.it is a state by state case.
In New Hampshire and Vermont possession of pornography of under 16 year olds only is illegal.

As for copyrighted material there isn't any law regarding that here. No law against possessing. Maybe you could be sued for it but I doubt it. Can't find anyfederal law against it either.

 

[Jhhnn]

Some of us clearly don't understand how the whole idea of "community standards" is employed, or just how far some with federal authority will go to support local blue noses-

http://www.kansas.com/mld/kansas/5198721.htm

Few people have the financial resources to defend themselves- leading to plea bargains. The cost is enormous, several times the average take home pay, more than the value of the place they rent...

 

[dmcowen674]

Subject: from BW - More Spy Powers for the FBI? Bad Move
Date: Thu, 18 Mar 2004 13:36:16 -0500
From: Chuck Mauthe <cmauthe@transcard.com>
To: 'Politech' <declan@well.com>

original story is at
http://www.businessweek.com/technology/content/mar2004/tc20040318_2440_tc073
.htm

MARCH 18, 2004

PRIVACY MATTERS
By Jane Black

More Spy Powers for the FBI? Bad Move
Now the feds are demanding that the FCC grant full access to tap all sorts
of Net communications. It simply isn't necessary
On Mar. 12, the Justice Dept., FBI, and Drug Enforcement Administration
delivered an 83-page petition to the Federal Communications Commission
demanding dramatic new surveillance powers. If they're approved, the FBI
would have the right to require Internet service providers (ISPs), voice
over Internet protocol (VoIP) companies, and others that rely on broadband
access to the Net to redesign their networks to support standards designed
by law enforcement for wiretapping and tracing.

The FBI already can require phone companies to do this under the 1994
Communications Assistance for Law Enforcement Act, better known as CALEA
(see BW Online, 2/27/03, "These Are Not Your Father's Wiretaps"). And to
some, the expansion of these powers to the Net seems reasonable. After all,
CALEA's goal is to help law enforcement keep pace with changes in
telecommunications technology, and never before in that industry's history
has there been such rapid, tumultuous change. Today, calls are made over the
Internet and via peer-to-peer networks such as Skype, and people often
communicate more through e-mail and instant messaging than they do
face-to-face (see BW Online, 1/6/04, "Skype: Telephony as File Trading").

The FBI warns that unless it has some influence over these new technologies,
it'll be unable to keep up with terrorists and thieves. "The ability of
federal, state, and local law enforcement to carry out critical electronic
surveillance is being compromised today," the petition warns, adding that
the task of protecting the public is growing more difficult every day. The
FBI has asked the FCC to solicit comments on its proposal by Apr. 12 -- a
lightening pace for the federal agency where matters of this kind normally
take months, if not years, to be decided.

FOURTH AMENDMENT DEBATE. Political pressure to cave in to FBI demands is
sure to be intense. But the FCC should think carefully before O.K.'ing this
proposal. That's because what might appear a straightforward extension of a
10-year-old law is actually a land grab for new surveillance powers. Under
CALEA, surveillance is no longer a "method of last resort" -- the phrase
Congress used when authorizing wiretapping in 1968. Instead, it's a primary
goal.

The FBI's latest request would extend the use of surveillance well beyond
Internet phone companies. Legal experts warn that the ruling would apply to
all ISPs, instant messaging services, even the likes of Sony (SNE ) and
Microsoft (MSFT ), which make Internet-ready video-game consoles for
multiplayer gaming.

"The heart of this debate is about the Fourth Amendment in the 21st
century," says Marc Rotenburg, executive director of the Electronic Privacy
Information Center in Washington, D.C. "Do we tell law enforcement that they
can architect and oversee the development of communications technology, or
do we maintain that they only should have access to information with
reasonable cause and permission from a judge?"

READY TO COOPERATE. Privacy advocates know how they would answer. But let's
consider the FBI's case. In its petition, the agency claims that
"communications among surveillance targets are being lost and associated
call-identifying information is not being provided in a timely manner"
thanks to "providers who have failed to implement CALEA-compliant intercept
capabilities."

O.K., where's the proof? Anecdotal information and plenty of press reports
in the wake of September 11 reveal that corporations are willing -- often
very willing -- to hand over any data requested by federal law enforcers.
Cable companies such as Time Warner (TWC ) and Cox (COX ) have voluntarily
developed their own wiretapping capabilities, often in concert with the FBI.

And leading consumer VoIP provider Vonage says it has been cooperating with
law enforcement for the past 18 months, handing over call records, logs, and
billing information when material is subpoenaed. It's true that Vonage
doesn't yet have the ability to tap its lines. But to date, it has never
been required by law to intercept calls, according to company spokesperson
Brooke Schultz. Vonage engineers are now developing a standard to meet the
FBI's needs.

BOTTLENECK CHECKPOINTS. Moreover, since when has tracking information on
the Internet become so difficult? Internet technologies use standard
protocols. And though each call or e-mail is chopped up into hundreds or
thousands of pieces and sent over various routes, each packet hits one of
several Internet bottlenecks.

...
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[rickn]

it's all the idiots who answer CNN polls. STOP IT!