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Old 05-05-2012, 12:46 PM   #1
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Exclamation FBI: We need wiretap-ready Web sites - now

CNET News Security & Privacy
FBI: We need wiretap-ready Web sites - now

CNET learns the FBI is quietly pushing its plan to force surveillance backdoors on social networks, VoIP, and Web e-mail providers, and that the bureau is asking Internet companies not to oppose a law making those backdoors mandatory.

by Declan McCullagh May 4, 2012 9:24 AM PDT

The FBI is asking Internet companies not to oppose a controversial proposal that would require firms, including Microsoft, Facebook, Yahoo, and Google, to build in backdoors for government surveillance.

In meetings with industry representatives, the White House, and U.S. senators, senior FBI officials argue the dramatic shift in communication from the telephone system to the Internet has made it far more difficult for agents to wiretap Americans suspected of illegal activities, CNET has learned.
The FBI general counsel's office has drafted a proposed law that the bureau claims is the best solution: requiring that social-networking Web sites and providers of VoIP, instant messaging, and Web e-mail alter their code to ensure their products are wiretap-friendly.

"If you create a service, product, or app that allows a user to communicate, you get the privilege of adding that extra coding," an industry representative who has reviewed the FBI's draft legislation told CNET. The requirements apply only if a threshold of a certain number of users is exceeded, according to a second industry representative briefed on it.

The FBI's proposal would amend a 1994 law, called the Communications Assistance for Law Enforcement Act, or CALEA, that currently applies only to telecommunications providers, not Web companies. The Federal Communications Commission extended CALEA in 2004 to apply to broadband networks.

FBI Director Robert Mueller is not asking companies to support the bureau's CALEA expansion, but instead is "asking what can go in it to minimize impacts," one participant in the discussions says. That included a scheduled trip this month to the West Coast -- which was subsequently postponed -- to meet with Internet companies' CEOs and top lawyers.

A further expansion of CALEA is unlikely to be applauded by tech companies, their customers, or privacy groups. Apple (which distributes iChat and FaceTime) is currently lobbying on the topic, according to disclosure documents filed with Congress two weeks ago. Microsoft (which owns Skype and Hotmail) says its lobbyists are following the topic because it's "an area of ongoing interest to us." Google, Yahoo, and Facebook declined to comment.

In February 2011, CNET was the first to report that then-FBI general counsel Valerie Caproni was planning to warn Congress of what the bureau calls its "Going Dark" problem, meaning that its surveillance capabilities may diminish as technology advances. Caproni singled out "Web-based e-mail, social-networking sites, and peer-to-peer communications" as problems that have left the FBI "increasingly unable" to conduct the same kind of wiretapping it could in the past.

In addition to the FBI's legislative proposal, there are indications that the Federal Communications Commission is considering reinterpreting CALEA to demand that products that allow video or voice chat over the Internet -- from Skype to Google Hangouts to Xbox Live -- include surveillance backdoors to help the FBI with its "Going Dark" program. CALEA applies to technologies that are a "substantial replacement" for the telephone system.

"We have noticed a massive uptick in the amount of FCC CALEA inquiries and enforcement proceedings within the last year, most of which are intended to address 'Going Dark' issues," says Christopher Canter, lead compliance counsel at the Marashlian and Donahue law firm, which specializes in CALEA. "This generally means that the FCC is laying the groundwork for regulatory action."

Subsentio, a Colorado-based company that sells CALEA compliance products and worked with the Justice Department when it asked the FCC to extend CALEA seven years ago, says the FBI's draft legislation was prepared with the compliance costs of Internet companies in mind.
In a statement to CNET, Subsentio President Steve Bock said that the measure provides a "safe harbor" for Internet companies as long as the interception techniques are "'good enough' solutions approved by the attorney general."

Another option that would be permitted, Bock said, is if companies "supply the government with proprietary information to decode information" obtained through a wiretap or other type of lawful interception, rather than "provide a complex system for converting the information into an industry standard format."
A representative for the FBI told CNET today that: "(There are) significant challenges posed to the FBI in the accomplishment of our diverse mission. These include those that result from the advent of rapidly changing technology. A growing gap exists between the statutory authority of law enforcement to intercept electronic communications pursuant to court order and our practical ability to intercept those communications. The FBI believes that if this gap continues to grow, there is a very real risk of the government 'going dark,' resulting in an increased risk to national security and public safety."

Next steps

The FBI's legislation, which has been approved by the Department of Justice, is one component of what the bureau has internally called the "National Electronic Surveillance Strategy." Documents obtained by the Electronic Frontier Foundation show that since 2006, Going Dark has been a worry inside the bureau, which employed 107 full-time equivalent people on the project as of 2009, commissioned a RAND study, and sought extensive technical input from the bureau's secretive Operational Technology Division in Quantico, Va. The division boasts of developing the "latest and greatest investigative technologies to catch terrorists and criminals."

But the White House, perhaps less inclined than the bureau to initiate what would likely be a bruising privacy battle, has not sent the FBI's CALEA amendments to Capitol Hill, even though they were expected last year. (A representative for Sen. Patrick Leahy, head of the Judiciary committee and original author of CALEA, said today that "we have not seen any proposals from the administration.")
Mueller said in December that the CALEA amendments will be "coordinated through the interagency process," meaning they would need to receive administration-wide approval.

Stewart Baker, a partner at Steptoe and Johnson who is the former assistant secretary for policy at Homeland Security, said the FBI has "faced difficulty getting its legislative proposals through an administration staffed in large part by people who lived through the CALEA and crypto fights of the Clinton administration, and who are jaundiced about law enforcement regulation of technology -- overly jaundiced, in my view."

On the other hand, as a senator in the 1990s, Vice President Joe Biden introduced a bill at the FBI's behest that echoes the bureau's proposal today. Biden's bill said companies should "ensure that communications systems permit the government to obtain the plain text contents of voice, data, and other communications when appropriately authorized by law." (Biden's legislation spurred the public release of PGP, one of the first easy-to-use encryption utilities.)

The Justice Department did not respond to a request for comment. An FCC representative referred questions to the Public Safety and Homeland Security Bureau, which declined to comment.

From the FBI's perspective, expanding CALEA to cover VoIP, Web e-mail, and social networks isn't expanding wiretapping law: If a court order is required today, one will be required tomorrow as well. Rather, it's making sure that a wiretap is guaranteed to produce results.
But that nuanced argument could prove radioactive among an Internet community already skeptical of government efforts in the wake of protests over the Stop Online Piracy Act, or SOPA, in January, and the CISPA data-sharing bill last month. And even if startups or hobbyist projects are exempted if they stay below the user threshold, it's hardly clear how open-source or free software projects such as Linphone, KPhone, and Zfone -- or Nicholas Merrill's proposal for a privacy-protective Internet provider -- will comply.

Related stories

FBI to announce new Net-wiretapping push

FBI: We're not demanding encryption back doors

FBI targets Net phoning

The FBI's CALEA amendments could be particularly troublesome for Zfone. Phil Zimmermann, the creator of PGP who became a privacy icon two decades ago after being threatened with criminal prosecution, announced Zfone in 2005 as a way to protect the privacy of VoIP users. Zfone scrambles the entire conversation from end to end.

"I worry about the government mandating backdoors into these kinds of communications," says Jennifer Lynch, an attorney at the San Francisco-based Electronic Frontier Foundation, which has obtained documents from the FBI relating to its proposed expansion of CALEA.
As CNET was the first to report in 2003, representatives of the FBI's Electronic Surveillance Technology Section in Chantilly, Va., began quietly lobbying the FCC to force broadband providers to provide more-efficient, standardized surveillance facilities. The FCC approved that requirement a year later, sweeping in Internet phone companies that tie into the existing telecommunications system. It was upheld in 2006 by a federal appeals court.

But the FCC never granted the FBI's request to rewrite CALEA to cover instant messaging and VoIP programs that are not "managed"--meaning peer-to-peer programs like Apple's Facetime, iChat/AIM, Gmail's video chat, and Xbox Live's in-game chat that do not use the public telephone network.
If there is going to be a CALEA rewrite, "industry would like to see any new legislation include some protections against disclosure of any trade secrets or other confidential information that might be shared with law enforcement, so that they are not released, for example, during open court proceedings," says Roszel Thomsen, a partner at Thomsen and Burke who represents technology companies and is a member of an FBI study group. He suggests that such language would make it "somewhat easier" for both industry and the police to respond to new technologies.

But industry groups aren't necessarily going to roll over without a fight. TechAmerica, a trade association that includes representatives of HP, eBay, IBM, Qualcomm, and other tech companies on its board of directors, has been lobbying against a CALEA expansion. Such a law would "represent a sea change in government surveillance law, imposing significant compliance costs on both traditional (think local exchange carriers) and nontraditional (think social media) communications companies," TechAmerica said in e-mail today.

Ross Schulman, public policy and regulatory counsel at the Computer and Communications Industry Association, adds: "New methods of communication should not be subject to a government green light before they can be used."

Last updated at 12:30 p.m. PT

"Going Dark" timeline

June 2008: FBI Director Robert Mueller and his aides brief Sens. Barbara Mikulski, Richard Shelby, and Ted Stevens on "Going Dark."

June 2008: FBI Assistant Director Kerry Haynes holds "Going Dark" briefing for Senate appropriations subcommittee and offers a "classified version of this briefing" at Quantico.

August 2008: Mueller briefed on Going Dark at strategy meeting.

September 2008: FBI completes a "high-level explanation" of CALEA amendment package.

May 2009: FBI Assistant Director Rich Haley briefs Senate Intelligence committee and Mikulsi staffers on how bureau is "dealing with the 'Going Dark' issue.'" Mikulski plans to bring up "Going Dark" at a closed-door hearing the following week.

May 2009: Haley briefs Rep. Dutch Ruppersberger, currently the top Democrat on House Intelligence, who would later co-author CISPA.

September 2008: FBI staff briefed by RAND, which was commissioned to "look at" Going Dark.

November 2008: FBI Assistant Director Marcus Thomas, who oversees the Quantico-based Operational Technology Division, prepares briefing for President-Elect Obama's transition team.

December 2008: FBI intelligence analyst in Communications Analysis Unit begins analysis of VoIP surveillance.

February 2009: FBI memo to all field offices asks for anecdotal information about cases where "investigations have been negatively impacted" by lack of data retention or Internet interception.

March 2009: Mueller's advisory board meets for a full-day briefing on Going Dark.

April 2009: FBI distributes presentation for White House meeting on Going Dark.

April 2009: FBI warns that the Going Dark project is "yellow," meaning limited progress, because of "new administration personnel not being in place for briefings."

April 2009: FBI general counsel's office reports that the bureau's Data Interception Technology Unit has "compiled a list of FISA dockets... that the FBI has been unable to fully implement." That's a reference to telecom companies that are already covered by the FCC's expansion of CALEA.

May 2009: FBI's internal Wikipedia-knockoff Bureaupedia entry for "National Lawful Intercept Strategy" includes section on "modernize lawful intercept laws."

May 2009: FBI e-mail boasts that the bureau's plan has "gotten attention" from industry, but "we need to strengthen the business case on this."

June 2009: FBI's Office of Congressional Affairs prepares Going Dark briefing for closed-door session of Senate Appropriations subcommittee.

July 2010: FBI e-mail says the "Going Dark Working Group (GDWG) continues to ask for examples from Cvber investigations where investigators have had problems" because of new technologies.

September 2010: FBI staff operations specialist in its Counterterrorism Division sends e-mail on difficulties in "obtaining information from Internet Service Providers and social-networking sites."
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Old 05-05-2012, 12:54 PM   #2
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to be continued...much will come
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Old 05-05-2012, 01:06 PM   #3
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Old 05-08-2012, 06:33 PM   #4

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It is just a matter of time.
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Old 05-08-2012, 07:11 PM   #5
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Doesn't bother me. We already share way too much information across the web, look at the shit people post on facebook daily. I'm glad I don't have an account anymore.
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Old 05-09-2012, 11:51 AM   #6
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Originally Posted by big ragu View Post
Doesn't bother me. We already share way too much information across the web, look at the shit people post on facebook daily. I'm glad I don't have an account anymore.
Agreed. The only comfort i take in all the blabing we do on here is there is so many of us we are sorta hiding in a group within ourselves. O well...
Be wary of the man who urges an action in which he himself incurs no risk.
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Old 05-09-2012, 01:04 PM   #7
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I find none of this a surprise.
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Old 05-09-2012, 02:30 PM   #8
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Originally Posted by big ragu View Post
Doesn't bother me. We already share way too much information across the web, look at the shit people post on facebook daily. I'm glad I don't have an account anymore.
Fuck facebook...its a place for woman to gossip and drama bs...
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Old 05-13-2012, 03:22 PM   #9
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Yet another perceived freedom goes down the drain, thanks for posting the info.

PHFAnabolic Trinity Epistane, Trenavar, and Mentabolan - Available Now!!
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Old 05-14-2012, 12:05 AM   #10
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This is bullshit. I no we got alot of good things in our lifes, compared to alot of other parts of the world. But the way this is going we will have no privacy and be like these other parts of the world.
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Old 06-15-2012, 07:50 PM   #11

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This rots..........!!!!!!!!!!!!!!!!
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Old 06-16-2012, 09:52 AM   #12

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Originally Posted by liftsiron View Post
I find none of this a surprise.
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Old 06-16-2012, 12:37 PM   #13
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I wonder if they tacked this onto the one bill about that has to do with using your phone's camera.. There was a cop that arrested this passenger of a car where it was being stopped for speeding. The passenger used his phone to tape the cop.. The cop then arrested the passenger claiming it was against the wire tapping law..
This has been running up the chain of courts until finally the supreme court stated that the cop violated the man's civil rights and it was not against the law to video the traffic stop..
Think about it.. the cops tape every single stop for their protection.. why can't we.. I believe the whole police's take on it was that it was a phone that was used, hence the wire tapping./. They seriously stretched the limits of that law and now it's bit them in the ass..

Directly after this came a bill to change the wire taping law.. What sucks is that some laws are good, But by the time they make it to be voted upon, whats know as a rider or several riders will be attached to them.. Now the the original may be good, the riders being attached to a good bill are sneeky ways to get shit passed..
There are some in congress that nevber read what the hell they are voting on.. It's their job, but they don't
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Old 06-16-2012, 01:56 PM   #14
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the cop was just using an excuse of wiretapping to arrest and get the phone....even a rookie knows just using a phone for taping, is not wiretapping...far from it..its abuse from our laws that make new bad ones..
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Old 06-16-2012, 03:16 PM   #15
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total bs
Go Hard or Go the F Home

Life is a gift so get huge while your here or someone else will

everything i put is for entertainment proposes only
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