Foreign Articles

Articles against identity cards



In a very interesting article on the Slate website Kevin Bankston highlights that despite claims by some law enforcement officials that encryption is a tool that will allow criminals to evade justice, the use of strong encryption actually helps to reduce crime. Bankston points out that although it is true that criminals will make use of encryption technology to shield their activities, the use of the technology will overall prevent millions of crimes.  For example smartphone theft is at epidemic proportions, with millions being stolen annually which often involves robberies which are by definition violent crimes.  However, strong encryption will block the criminals from using the commonly available tools to unlock a smartphone, rendering it useless to them. The article also highlights that criminals are increasingly not just interested in the phone, but also the personal and other data contained on it which can for example, allow them to commit […]

Smartphone encryption will help cops more than it hurts them


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Julian De Vries reports on The Nation website that in the US it is possible for someone to be prosecuted for deleting their browser history or other electronic records, even though the individual has no idea they are under any sort of investigation. The problem lies with the Sarbanes-Oxley Act, which was originally enacted in the wake of the Enron scandal to stop corporations under investigation from shredding or destroying incriminating documents.  However, its application has been broadened out by prosecutors to cover situations way beyond its original aims. One reason why it has been possible to expand its use is that prosecutors do not have to show that an individual deleting material is aware an investigation is underway.  As a result anybody even innocently deleting electronic records such as browser history or text messages, could years later be prosecuted for doing so.  The scenario is not a hypothetical one […]

In the US You Can Be Prosecuted for Clearing Your ...



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Ellen Nakashima reports in the Washington Post that the recently discovered hack (see previous post here) by the Chinese of the US Office of Personnel Management, has included a database holding sensitive security clearance information on US Government workers and contractors. Joel Brenner, a former US counter­ intelligence official said about the news, “This is potentially devastating from a counter­ intelligence point of view,”  “These forums contain decades of personal information about people with clearances . . . which makes them easier to recruit for foreign espionage on behalf of a foreign country.” Sir Tim Berners-Lee has previously highlighted the dangers of blackmail if foreign spy agencies get hold of data on persons with access to national security information, although in the context of the retention of web surfing and phone records – see here.

Chinese Hack has Compromised US Security Clearance Database


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Ellen Nakashima reports in the Washington Post that Hackers working for the Chinese state breached the computer system of the US Office of Personnel Management in December 2014. The Office of Personnel Management is essentially the Human Resources function of the US Government.  The breach is believed to have resulted in the loss of the personal details of up to four million current and former US Government employees. The breach is the second major breach of US Government networks by China in the past year.  Austin Berglas, a former cyber official at the FBI’s New York field office said in response to the news: “China is everywhere. They’re looking to gain social and economic and political advantage over the United States in any way they can. The easiest way to do that is through theft of intellectual property and theft of sensitive information.”

Chinese Breach Data of Four Million Federal Workers


Maggie Ybarra reports in the Washington Times that FBI agents cannot identify any major terrorism cases they have cracked using the snooping powers in the US Patriot Act. The revelation is interesting given the claims of its supporters that powers provided by the act such a bulk phone data collection, were critical to national security and had to be retained. The Patriot Act expired on Monday (1st June) and some (see here) of its surveillance powers were incorporated into the USA Freedom Act which was approved by Congress on Tuesday (2nd June).  Amongst the powers transferred was the power to enable bulk phone data collection; however, on a positive note this data can now only be accessed with court permission.

FBI Admits That No Major Cases Cracked by Patriot Act ...



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Benny Evangelista and Peter Fimrite report on the SFGATE website that a bill is to be put forward in the Californian Assembly to force smart TV makers to give customers the ability to opt out of features that could monitor their conversations. The bill is being put forward by Assemblyman Mike Gatto, who amongst other things is concerned about the ability of smart TV’s to be turned into tools that determine what kind of adverts viewers see.  Gatto said: “It’s not just that you could be sent bankruptcy ads after you talk with your wife about financial problems while watching television, it’s what happens if someone hacks it.” He also highlights the privacy issues if a smart TV is listening in a room where a couple are getting intimate. “Those sounds, if you had your voice recognition on, is what would be included,” Gatto said. “That’s what’s disturbing about this.” […]

Bill seeks ban on Smart Televisions becoming ‘Big Brother’


David Kravets reports on the Ars Technica website that the US National Security Agency’s bulk telephone metadata collection program is illegal, but not unconstitutional according to a federal appeals court ruling. The case was brought by the American Civil Liberties Union and sets aside a judgement by a lower court that metadata collection was permissible. According to the article, the court noted that the Patriot Act gives the government wide powers to acquire all types of private records on Americans as long as they are “relevant” to an investigation.  But the government is going too far when it comes to acquiring, via a subpoena, the metadata of every telephone call made to and from the United States. The legal authority allowing the NSA to collect telephone metadata expires on 1st June 2015 and will need renewing by Congress if it is to continue.  It is not clear how the ruling […]

US Court Rules NSA Phone Metadata Collection is Illegal


The BBC News website reports that Airbus says it will file a criminal complaint over allegations that German intelligence helped the US carry out industrial espionage on the company. German media reports suggest that the country’s spy agency BND collected data on European firms at the behest of the US National Security Agency.  Airbus said it had asked for more information from the German government and said in a statement: “We are aware that large companies in the sector, like ours, are targets of espionage,” …… “However, in this case we are alarmed because there is concrete suspicion.” Airbus was named by the German press as one of the firms that was targeted by the spying operation.  It is believed that BND eavesdropped on online, phone and other communications in order to gather information.

Airbus to sue over US National Security Agency Spying



Yasha Levine reports on the PandoDaily website on how the U.S. Government has and continues to fund internet tools that provide anonymity and privacy such as Tor, CryptoCat and Open Whisper Systems. The article provides an interesting insight into the activities and history of the blandly named Broadcasting Board of Governors (BBG), which has its origins in the cold war, and the way money passes through BBG controlled Radio Free Asia and the stations Open Technology Fund, to groups and individuals developing various privacy technologies. Although the author questions whether privacy activists should be accepting funding from the US Government, a probably more important question is why the US Government would want provide funding to organisations and individuals to develop technology that provides protection from surveillance by the US National Security Agency (NSA) and the UK’s GCHQ etc.  This is a question very rarely discussed by privacy campaigners or journalists, […]

Internet Privacy Funded by Spooks: A Brief history of the ...


Shaun Nichols reports on the Register website that California State Senator Mark Leno of San Francisco, has put forward a bill that would make police searches of electronic devices subject to the same controls as filing cabinets, drawers and other physical objects. The bill would require the authorities to obtain a search warrant before they can pull information off computers, Smartphone or other electronic devices. In introducing his bill Leno said, “The personal files in your desk drawer at home cannot be seized without a warrant, but the digital files on your Smartphone and tablet, no matter how sensitive, do not have the same protection.  This bill strikes the right balance between safeguarding Californians against improper government intrusion of their electronic data and protecting the right of law enforcement to use technology when it is needed to protect public safety.” If the law is passed, California will join a list of […]

California considers a new law to require a warrant for ...


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It has emerged that Gilles de Kerchove, the EU’s counter terrorism co-ordinator, wants companies to be required by law to hand over encryption keys for communication services, in order to allow interception of messages by EU governments. The revelation came following the leak of an EU document by civil liberties group Statewatch outlining the proposals for discussion at an informal meeting of Justice and Home Affairs Ministers in Riga on 29 January 2015. Section 3 (f) of the document states: Since the Snowden revelations, internet and telecommunications companies have started to use often de-centralized encryption which increasingly makes lawful interception by the relevant national authorities technically difficult or even impossible. The Commission should be invited to explore rules obliging internet and telecommunications companies operating in the EU to provide under certain conditions as set out in the relevant national laws and in full compliance with fundamental rights access of the […]

EU wants back doors into encryption Software



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SC Yeung writes on the Ejinsight website about a Hong Kong Government plan to replace currently used smart identity cards with a new enhanced version. However, the new card could present significant privacy concerns and allow the government to tighten social control and stifle dissent.  A  key concern is that the new card will have built in radio frequency identification (RFID) which will allow the device to transmit data to and from designated devices.  This could enable the tracking of an individuals movements without their knowledge.

New Hong Kong identity card will be smarter and more ...


Jason Noble reports on the Des Moines Register website that the US state of Iowa is developing a mobile phone app based driving licence. In order to check the validity of the licence the bar codes contained in the mobile app will have to be scanned using hardware inside an officer’s car.  However, as the article points out there are numerous pitfalls with this, such as what happens if the mobile phone battery is dead, the screen is cracked and the barcode cannot be read, or the owner wants to record their interaction with the Police. Of particular concern is the possibility of the Police accessing information on the phone either deliberately or accidentally, although the U.S. Supreme Court did rule earlier this year that searches of mobile phones require a warrant.

Iowa developing virtual driving licence


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Michael Price writes on the Brennan Center for Justice website about the privacy issues with internet enabled televisions. Internet enabled, or “Smart” televisions have become very come in recent years; however, as Price points out the amount of data  collected by these TVs is staggering.  In the case of the TV he has purchased this includes records of the apps used, websites visited and when and for how long you use it.  The TV can also perform facial and voice recognition, the data from which is uploaded to a corporate server.  Little wonder the TV comes with a privacy policy 46-pages long. Much of the data captured and transmitted by his new TV is stored in the cloud and would be classed as “third party records”, but he highlights that (in the US) there is currently little privacy  protection for such data.

I’m Terrified of My New TV