Version: 2008

Comments on: Can terrorists use the Net to avoid wiretaps?

Can members of Al Qaeda use voice over Internet technology (VoIP) to avoid wiretaps?

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by LogicalExtremes January 16, 2008 9:41 AM PST
While the 70% characterization is totally bogus, the truth of the statement that "any telephone transmission or e-mail that incidentally flowed into U.S. computer systems was potentially subject to judicial oversight" is dependent on WHERE the 'surveillance' is carried out. So, like Obi Wan, McConnell could claim that " what I told you was true... from a certain point of view". Of course it bears no resemblance to reality, but we never really expect the truth, the whole truth, and nothing but the truth from appointed bureaucrats, do we?
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by SeniorFlowerpot January 16, 2008 11:06 AM PST
I'll mostly agree with Logical Extremes, and even go as far as to say "if that's the law, then it's OK". I'm a big believer in the law, and abiding to it. I know that contradicts sometimes with the goals of the security minded, but hey, I guess I drank the federal cool-aid.

If it's "legal" to wiretap outside the US, be it under seas or in Iraq, then go nuts. With the way IP networks go, there's no definitive way for anyone at that point in the life of an IP packet (physical point in life) to be able to definitively say whether it will cross the US or not. Therefore, I actually don't think "they" need to be concerned with it, again, as long as what they're doing at that point, and in my world, being relieved of the responsibility to follow each packet to see if it goes US or not.
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by mmccaull January 16, 2008 1:30 PM PST
Don't be so quick to give up your freedoms (i.e. freedom to not be monitored).

"Those who would adandon freedom for security, deserve neither"

Many a soldier has given their life so that you might have the precious gift of freedom, don't give it up so easily...
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by SeniorFlowerpot January 16, 2008 4:26 PM PST
If the law says that someone like the NSA can legitimately listen to some phone calls, if they meet certain criteria, and I make a phone call that meets that criteria, then hey, they can listen, whether I like it or not. My freedom, is only guaranteed to me by the laws of the state/country that I live in, right? If the law takes away my freedom, the only thing I can do is try to get that law changed. Whether I voluntarily give it up or not, if the law takes it, then I don't have it.

I know I'm devil's advocating a bit here, but I think my points are valid. If I had the choice to be evesdropped on or not, then of course I'll pick not. If I'm evesdropped on, then, I'm personally not worried about it, since I'm squeeky clean.

The way we need to keep our freedoms, and to DEFINE exactly what our freedoms are, is to affect the laws and lawmakers in our country. Protest, write letters, boycott, do whatever you have to do, but do more than just whine.

(No one here is whining, I'm just making a point)
by Travis Ernst January 16, 2008 9:50 PM PST
I just read up on this area of law for another reason (marketing goons). Let me explain.

LAND LINES, as in what we would call MaBell in the past, can be recorded with permission of one party of the call (as in you) in 38 states. In the remaining states it either is Both parties must agree, or it is more technical then I have time to explain.

Thats for State law. There is also a Federal Telecommunications Act Law also about recording land lines. CellPhone recording is banned due to needing a scanner to capture the call; thats illegal. Scanners are also not allowed to reach the cell phone area if the unit is "stock". There is nothing in the law that prohibits the owner from modifying their scanner; but it must be "stock" if it is ever resold. (like I said loopholes; but listening to cell calls IS illegal)

The other odd phone that they never passed laws on is the AirPhone (airplanes). 400Mhz band. Nothing prohibiting listening in to/recording those phone calls based on the laws I have seen.

Now VoIP is new, and the laws have not caught up. There is nothing on the books for recording VoIP calls. If your server is based off US soil they (feds) can't touch you even if the laws are updated. Remember, VoIP's are simply data streams. They can be VoIP to VoIP and avoid the telephone network all together. Or you can go VoIP out to land line.

Intercepting VoIP calls would be the same as looking through your emails, or ghosting you to see what sites you go to. My theory is to make sure your provider has offshore servers!
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by Dalkorian January 17, 2008 9:11 AM PST
Mikey boy here is just following bushit doctrine - lie lie lie and lie some more until we've finally turned this country into another evil communist nazi dictatorship. Papers please.

(No, this has NOTHING WHATSOEVER to do with terrorists! Our fuhrer just wants to wiretap everyone without oversight or warrants so he can keep an eye out for "dissidents" and ship them to Gitmo as "terrorists". Anyone stupid enough to fall for this ploy should be deported to China.)
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About Surveillance State

Christopher Soghoian delves into the areas of security, privacy, technology policy and cyber-law. He is a student fellow at Harvard University's Berkman Center for Internet and Society, and is a PhD candidate at Indiana University's School of Informatics. His academic work and contact information can be found by visiting www.dubfire.net/chris/. He is a member of the CNET Blog Network and is not an employee of CNET. Disclosure.

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