Tag Archives: government

Security Tradeoffs

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Here’s one.

A federal judge has ordered Apple Inc to provide software to the Justice Department to help it unlock a phone used by one of the suspects in the San Bernardino, CA, terror attack because investigators suspect the device may hold critical details of the plotting behind the mass murder.

The government’s justification is this:

Law-enforcement agencies say companies such as Apple make it harder to solve crimes including terrorist attacks, child abuse and murder by putting security measures on phones that make it difficult or impossible for investigators to open them and examine data inside.

That’s an entirely valid concern.

The problem, though, is that forcing a back door into citizens’ communications encryption utterly destroys citizens’ privacy and security. There’s nothing to prevent Government from abusing that back door to engage in snooping on general principles and then actively and maliciously snooping in order to preserve the power of the men then in Government. The lawlessness of the present administration demonstrates that progression.

Of immediate effect, though, is that a backdoor for Government is a backdoor for hackers, whether these be script kiddies, terrorist hackers, financial or identity theft hackers, or any other sort.

The privacy and the security of our private identities, of our finances, of our health records, of any aspect of our lives we find useful to protect from prying eyes are critical to our ability to engage with our neighbors and our businesses and our government free from threats or attack.

The privacy of our communications, the security of our speech, must absolutely be preserved. There is no security at all without our individual liberties, of which speech is one, held secure.

“Law-enforcement agencies” and this Federal judge know this full well. And they know full well the truth of Apple CEO Tim Cook’s statement in his letter posted to Apple’s Web site:

We can find no precedent for an American company being forced to expose its customers to a greater risk of attack.

Iran’s Enriched Uranium

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A State Department official told lawmakers Thursday he was unsure of the precise location of tons of low-enriched uranium shipped out of Iran on a Russian vessel as part of last summer’s nuclear agreement.

Ambassador Stephen Mull, the lead US official overseeing the deal’s implementation, said during testimony before the House Foreign Affairs Committee that the stockpile is a Russian custody issue.

Russia is every bit as trustworthy as Iran, though. Isn’t it?

Don’t know means don’t know. On what basis, now, do we conclude the enriched uranium has even left Iran? Or isn’t back in Iran, if we can believe the carefully unnamed “senior administration official” who, leaking speaking without authorization assured the AP that the stuff had made it to Russia.

Gross Incompetence?

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As if we didn’t need another reason to disband the Department of Education (see its Dear Colleague letter for an example of its gross dishonesty), here’s another, of utter failure to perform. DoE isn’t taking care of its digital data.

The Education Department doesn’t hold nuclear launch codes. But its vast data trove on student-loan borrowers and their parents—and the nearly $100 billion it disburses in new loans every year—are reason enough to want the bureaucrats to prevent digital intrusions. ….
The stakes go well beyond personal privacy. Federal student loans outstanding exceed $1 trillion, and Team Obama is trying to forgive those debts. It would add injury to injury if cyber-fraudsters were able to pile on for a taxpayer plundering.

It isn’t a matter of an isolated error, even a serious one, which can happen in any large enterprise, either.

Department of Education Inspector General Kathleen Tighe reported in November that her team has been “finding the same deficiencies over and over again” regarding information security. Since 2009 independent auditors “have found persistent IT control deficiencies in key financial systems,” she said.

For six years, auditors have found persistent DoE IT failure. This is not an inability to achieve perfection in personal digital data handling; this is a conscious and deliberate refusal to bother.

We don’t need a Federal government Department of this sort. Not at all.

Respect for Borders

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In addition to what it is showing with its sea grab, the PRC is demonstrating it has no respect for land borders, either. The PRC is actively sending its government forces—non-military, so far—into other nations to kidnap persons there that the PRC wants and bringing them back within the PRC’s borders.

Among those who have disappeared or been repatriated amid President Xi Jinping’s growing crackdown on dissent, rights groups say, are five Hong Kong publishers of Chinese political gossip, including one who was in the territory and one in Thailand at the time. Others in Thailand include a journalist seeking refuge, two activists who were recognized as refugees by the United Nations, and dozens of Turkic Uighur minority members. Two in the group are European citizens.

Ultimately, the victim nations are going to have to start defending themselves against what is little distinguishable from PRC invasions, capture the invading forces, and either jail them for espionage or imprison them as POWs in the quiet war the PRC is inflicting on them.

This is another response to the vacuum President Barack Obama’s (D) retreat from the world has created.

More Disingenuousness in Government

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Mens rea is a criminal law concept that says in order to commit a crime, a man must have intended to commit the crime; he must have had a “guilty mind.” Lack of this guilty mind doesn’t mean the man didn’t do anything wrong; he may well have, and a trial and a jury can make that determination—it would be civil wrong, for which he still would be held accountable on that jury deliberation. He just didn’t commit a crime.

In addition to the current move in the Senate to reform sentencing and jail terms, some Senators want to clarify the specifics of mens rea in criminal law.

The House Judiciary Committee last year passed a bill on mens rea…reform that would create a default standard for criminal intent in instances when no standard exists. Republican Senator Orrin Hatch and House Judiciary Chairman Bob Goodlatte would like to see it pass along with sentencing reform.

However.

Both Senator Chuck Grassley (R, IA) and President Barack Obama (D) disagree with mens rea reform and for largely the same reasons, and they’re moving to block this reform.

Grassley is blocking it because

…strengthening the requirements for criminal intent would make it harder to convict corporations than under the current amorphous state of the law.

Obama wants to block it because

…a default standard of criminal intent would make it harder to prosecute companies for regulatory violations.

This is a cynical reading of Government’s role in trials. The purpose of bringing charges and having trials isn’t so prosecutors can get convictions and look good in the shower or otherwise have something to show for their taxpayer-funded paychecks. The purpose of standards of guilt or innocence in criminal law—or civil law, to stretch for a time the definitions of guilt and innocence—is not to stack the deck against the defendant.

The purpose of these things is to provide justice for the people wronged and for the people accused.

Full stop.