Deeplinks Blog posts about Government Hacking and Subversion of Digital Security
Attorney General nominee Sen. Jeff Sessions is testifying in front of the Senate Judiciary Committee today as part of his confirmation process. EFF has voiced concerns about President-elect Donald Trump’s nomination of Sessions to lead the Justice Department, citing past statements he has made and votes he has cast on a number of critical digital rights issues, including surveillance, encryption, net neutrality, and protections for the press.
This year was one of the busiest in recent memory when it comes to cryptography law in the United States and around the world. But for all the Sturm und Drang, surprisingly little actually changed in the U.S. In this post, we’ll run down the list of things that happened, how they could have gone wrong (but didn’t), how they could yet go wrong (especially in the U.K.), and what we might see in 2017.
Savecrypto.org
There's no question that this has been a big year for government hacking. Not a day has gone by without some mention of it in the news. 2016 may forever be remembered as the year when government hacking went so mainstream that Stephen Colbert cracked jokes about Fancy Bear and Cozy Bear on The Late Show. The Obama administration has publicly blamed the Russian government for a series of compromises of U.S. political institutions and individuals in this election year, including the Democratic National Committee, the Republican National Committee, and John Podesta, former Chairman of the Hillary Clinton election campaign. Political espionage is nothing new, but what distinguishes this series of attacks is the element of publication.
Where will the incoming Trump administration come down on issues like surveillance, encryption, and cybersecurity? While it is impossible to know the future, we have collected everything we could find about the stated positions of Trump and those likely to be in his administration on these crucial digital privacy issues. If you are aware of any additional statements that we have not included, please email [email protected] with a link to your source material, and we will consider it for inclusion.
When should the government engage in “remote searches” of computers—i.e., government “hacking” to seize, infiltrate and/or search digital devices—and when should it use less invasive investigative methods? Changes to Rule 41 of Federal Rules of Criminal Procedure went into effect on Dec. 1, making it easier than ever for law enforcement to obtain warrants to hack into digital devices but without answering fundamental questions about how to protect individual privacy and security in the face of these sophisticated search techniques. At a time when courts are already struggling to place appropriate limits on law enforcement’s hacking authority, this amendment was a mistake. The changes will have serious consequences for privacy across the board, not just for “bad guys.” They also open the door to “forum shopping” and have effectively allowed an unelected advisory committee—rather than Congress—to expand the government’s hacking capabilities.
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