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June 02, 2013
Obama Admin continues pursuit of Warrantless Searches of our Gmail accounts. [krakatoa]Google ordered to comply with FBI demands, by same judge who found the same demands to be unconstitutional. Circle, squared. Last year the FBI sent out more than 16,000 [National Security Letters] to companies relating to the private data mainly financial, internet or phone records of more than 7,000 Americans. What, not our Gmail? Only the terrorists? Oh, Right. Because, political targeting under this president's benevolent care could never happen. Clean as the driven snow, TFG is. I'm not sure I follow the procedural logic surrounding the 19 letters in question. Well, to be clear, I most definitely do not follow it. I'm just a caveman. Your "penumbras" and "motions to the court" frighten and confuse me. After receiving sworn statements from two top-ranking FBI officials, the judge said she was satisfied that 17 of the 19 letters were issued properly. She wanted more information on two other letters. So in effect, the FBI has convinced a hostile judge of the legal justification for 17 of their search demands. After months & months of legal back and forth. Wouldn't it have been quicker to just go to a judge in the first place and, oh, I don't know, Get a Warrant?
A Wisconsin judge rules that a man must decrypt drives that the FBI claims hold child porn, reversing his own earlier ruling that doing so violates the accused's 5th amendment rights. The FBI countered, claiming they already knew what was on the drives, so the 5th amendment didn't apply. In a four page ruling last week, the judge noted that prosecutors in the case had provided enough evidence to show that Feldman had access and control over the storage devices. They also have shown that they know the names of files containing child porn and the probable existence of those files on the encrypted hard drives. Any lawyer-types want to explain why this is so? If the FBI already has the evidence, as they claim, why would the court demand the defendant prove them right? And any technical types care to opine how the FBI could decrypt a portion of the drives safely that just happens to support their claims enough to get a beneficial new ruling, but were unable to decrypt the rest of the drive that actually has the alleged incriminating evidence? I mean, a Professor of Journalism would call me paranoid, but given recent precedent, it's not a stretch to suspect certain government agencies might not be above lying to a judge to get a ruling in their favor. UPDATED- oblig.'s comment gets promoted because this sounds really smart, as evidenced by use of techy jargon like "monkey". That, and he makes a good point about the whether the original report meant an encrypted drive, or encrypted files on an regular drive which could account for finding incriminating unencrypted files being misreported by someone as "decrypted": 53 Decrypting part of an encrypted volume is an infinite-monkeys job. A whole one's not nearly as hard to rescue from obscurity (though it may require near-infinite monkeys). | Recent Comments
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