The Special Counsel Authorizing Letter

House investigating committees have demanded that Deputy Attorney General Rod Rosenstein turn over his letter to Special Counsel Robert Mueller, and Rosenstein has refused to do so.  Now, in a case Mueller brought against ex- and brief-Trump Campaign Manager Paul Rosenstein, the presiding Federal judge TS Ellis has demanded that Mueller turn over to him an unredacted copy of that letter, and he’s given Mueller two weeks to comply, which works out to 18 May.

We’ll see. Two weeks is much too long to give Mueller to produce his copy of Rosenstein’s authorizing letter; 36-48 hours is plenty—especially since Mueller’s team plainly has that copy always ready to hand; they are, after all, responsible persons.

Ellis also needs to be prepared to jail Mueller and possibly Rosenstein for contempt if Mueller doesn’t meet the deadline, whether Ellis’ or mine, or Rosenstein won’t allow him to, and keep them locked up until the letter is produced.

President Donald Trump could speed things along by declassifying the letter, if Mueller/Rosenstein try to hide behind that. This is a national affair, and We the People need, and have the fundamental right, to know what Government’s unelected bureaucrats are doing under the pretense that it’s in our name.

Misunderstanding

At the tail end of a Wall Street Journal article discussing the relationship between Deputy Attorney General Rod Rosenstein and Congress (and in particular the House Freedom Caucus), Rosenstein made this remark:

We have a responsibility to work with the Congress. They have a responsibility to understand their duty is not to interfere.

This is a breathtaking lack of understanding by a Federal lawyer. Oversight by Congress does not mean simply watching. Interference is absolutely required if Congress, through its oversight, detects inappropriate or wrong behaviors.

Or would Rosenstein insist that funding cuts—Congress doing its job—are interference?

Major Uncool

Here’s a stat from Spectator Index.

The people of most of those nations would appear to prefer to be slaves of a conqueror.  The top two nations, on the other hand, have recent and direct experience with Russian dominance.  Which makes Poland’s poor attitude surprising.

On the other hand, the general attitudes of the NATO nations makes one wonder about the utility of NATO at all, and whether we wouldn’t be better served by forming a mutual defense alliance with those eastern European nations that still have some self respect—many of which aren’t listed in the poll.

Poke around the comment thread, too.  There’s at least one who’s arguing with a straight face that Turkey and Russia are not in Europe.

Another Mueller Leak

The New York Times has published the questions Mueller wants to ask President Donald Trump regarding Mueller’s “investigation” of Trump, the Trump campaign, Trump businesses, and whatever else blows Mueller’s skirt up.  Never mind that this sort of thing is supposed to be secret, or at least known only to the target and his lawyer until they’re asked, answered, and become part of the public record of an actual trial.

How did the NYT get the questions?  They didn’t send a reporter to steal them.  No, the newspaper was given them.  There’s also no reason to believe the Trump team knew these questions and so would have been in a position to leak them.  Negotiations over the nature of a Mueller interrogation of Trump are supposedly in progress, but Mueller wouldn’t give up the questions until the negotiations have been completed and the interrogation set up.

Only Mueller’s team knew these questions.  In a separate article about the questions, the NYT does assert this:

investigators for Mr Mueller agreed days later to share during a meeting with Mr Dowd [then Trump’s lawyer] the questions they wanted to ask Mr Trump.

But there’s no reason to believe that, since the NYT chose not to identify its source for that claim, making it impossible to believe that the claim is more than just an idle rumor.

And what’s Mueller doing about this leak?  A lot of nothing.  Because if Mueller isn’t the one who leaked, he actively approved others to do it.

The NYT had this about the questions in that separate article:

The questions provide the most detailed look yet inside Mr Mueller’s investigation, which has been shrouded in secrecy since he was appointed nearly a year ago.

Umm, no, no secrecy.  Mueller has been making studied leaks right along.

But Mueller is an honorable man. So are all his team, all honorable men.

Encryption/Decryption Race

The political one I mean, not the technological one.  Recall, for instance the San Bernardino terrorist attack, the FBI’s capture of one of the terrorists’ encrypted iPhones, Apple’s refusal to decrypt it (they couldn’t, by their design of the iPhone’s OS), then-FBI Director James Comey’s (yes, that Comey) cynically tear-jerking demand for future such personal device encryption back doors to decrypt at Government convenience, and Apple’s refusal to support development of that.

An expert on the subject—a technological expert I mean, not a political one—thinks he’s solved the problem.  His solution is described in a Wired article.  This expert thinks he has a way of providing Government “exceptional access” to a private person’s (or private enterprise’s) encrypted cell phone (for instance).  His solution, Clear, works this way:

The vendor—say it’s Apple in this case, but it could be Google or any other tech company—starts by generating a pair of complementary keys. One, called the vendor’s “public key,” is stored in every iPhone and iPad. The other vendor key is its “private key.” That one is stored with Apple, protected with the same maniacal care that Apple uses to protect the secret keys that certify its operating system updates. These safety measures typically involve a tamper­proof machine (known as an HSM or hardware security module) that lives in a vault in a specially protected building under biometric lock and smartcard key.

That public and private key pair can be used to encrypt and decrypt a secret PIN that each user’s device automatically generates upon activation. Think of it as an extra password to unlock the device. This secret PIN is stored on the device, and it’s protected by encrypting it with the vendor’s public key. Once this is done, no one can decode it and use the PIN to unlock the phone except the vendor, using that highly protected private key.

So, say the FBI needs the contents of an iPhone. First the Feds have to actually get the device and the proper court authorization to access the information it contains—Ozzie’s system does not allow the authorities to remotely snatch information. With the phone in its possession, they could then access, through the lock screen, the encrypted PIN and send it to Apple. Armed with that information, Apple would send highly trusted employees into the vault where they could use the private key to unlock the PIN. Apple could then send that no-longer-secret PIN back to the government, who can use it to unlock the device.

Included in the procedure is the requirement to send a judge’s search warrant to Apple along with the encrypted PIN, and Apple would first verify the warrant before sending anyone to the vault.

Hmm….

In a landmark 2015 paper called Keys Under Doormats, a group of 15 cryptographers and computer security experts argued that, while law enforcement has reasons to argue for access to encrypted data, “a careful scientific analysis of the likely impact of such demands must distinguish what might be desirable from what is technically possible.” Their analysis claimed that there was no foreseeable way to do this. If the government tried to implement exceptional access, they wrote, it would “open doors through which criminals and malicious nation-states can attack the very individuals law enforcement seeks to defend.”

Exceptional access is not desirable.  All Clear would do is add to the hackers’/criminals’/malicious nation-states’—and malicious network entities’—target lists the men and women running the companies “storing” the back doors, now working in cahoots with Government men through the screen of a Government-issue search warrant.

It’s true enough that

Using that same system to provide exceptional access…introduces no new security weaknesses that vendors don’t already deal with.

The “same system” is the various ways software developers and vendors encrypt keys that then are used, for instance, to verify the veracity of this or that application a user just downloaded or an OS update being offered—or pushed—to a user.  It’s also true that things like Clear add no new security weaknesses (assuming, arguendo, that the software of the Clears of this potential brave new world is well implemented).  But spreading those existing weaknesses around, putting them explicitly in the hands of Government and out of the hands of individuals using the devices solves nothing.  It’s still men and women who are the weak link in this politically-driven solution, however elegant and simple to execute the technological proposal.

No, it’s not so much a matter that exceptional access is a “crime against science,” Wired‘s phrasing in its misunderstanding of the proposal.  It’s that exceptional access is a crime against individual liberty.  Even against group liberty.

In another cynical representation, current FBI Director Christopher Wray, noting that his FBI “was locked out of 7,775 devices in 2017,” said

I reject this notion that there could be such a place that no matter what kind of lawful authority you have, it’s utterly beyond reach to protect innocent citizens.

Stipulate that Wray is pure as the driven snow with motives beyond reproach.  He’s a man.  So will be his successors.  So are all of the men and women of government and of industry.  So will be their successors.

Thus, a question for those of you to the left of center and beyond, politically: would you really want a Donald Trump’s FBI via his selection of judges to have exceptional access to your secrets?

And a question for those of you to the right of center and beyond, politically: would you really want a Hillary Clinton’s FBI via her selection of judges to have exceptional access to your secrets?  A Bernie Sanders’?

Who among you are willing to trust a James Comey FBI with any of this?  A J Edgar Hoover FBI?

Or the titans of industry, the evil 1%?  Even Tim Cook, who resisted FBI demands in the San Bernardino case, is accommodating to the demands of the People’s Republic of China government.

What the sort of solution that is Clear does is force us to trust the good offices of the men and women running a manufacturer in addition to the good offices of the men and women of government.

That’s the stuff of a socialist’s wet dream.