Wired News Carnivore Can Read Everything
"The FBI's controversial e-mail surveillance tool, known as Carnivore, can retrieve all communications that go through an Internet service, far more than FBI officials have said it does, according to a Bureau documents and a recent FBI test."

""That really contradicts the explanation that the FBI has provided as to the purpose of the system and how it works," said David Sobel, general counsel for the Washington-based Electronic Privacy Information Center. "We've been led to believe that the purpose of Carnivore is to filter and pinpoint the particular communications that the FBI is authorized to obtain. If that's true, then why are they testing the system's ability to store and archive everything?"

ZDNet Tangled Up in Wireless E-Commerce
""It's like a car," explained FBI spokesman Steve Barry. "We revved it up to its full parameters without the filter on, which we should, just to see how well it works." Barry called EPIC's questions of the FBI's intentions "really off-base."

"The test showed that we could grab data without the filter, but we can't do it in the real world," Barry said. "That would be illegal.""

redux [10.16.00]
Wired News Dems: 'Big Browser' Is Watching
"Who, or what presents the greatest threat to the privacy rights of Americans?

Citing a trend from "Big Brother to Big Browser," a surrogate for Democratic candidate Al Gore on Monday argued at a Bush-Gore privacy debate that it was the private sector that constituted the greatest threat."

"Stephen Goldsmith, former Indianapolis mayor and current Bush domestic policy advisor, did not argue with the concept of a privacy bill of rights, but instead cited the booming economy as proof that consumers have been overwhelmingly helped in the long run by technologies that allow corporations to collect information on their customers.

Goldsmith cited Carnivore, the controversial FBI email surveillance program, as proof that big government still has the potential to abuse its power, especially when regulating a booming private sector."

National Review Sneaking In the Secret Search
"No person's liberty is safe in the last week of Congress ? traditionally a time when civil liberties invasions such as wire-tapping, gun prohibition, and the like are snuck through into legislation. These are the final frantic hours of the session, and there is no opportunity for public opposition."

"The bill allows the government to obtain any kind of document it wants, without first getting a search warrant or a subpoena from a court. Section 3(b) allows the attorney general or her subordinate, rather than a court, to issue subpoenas. These documents include any written or electronic document possessed by an individual ? or possessed by a third party (such as bank records, credit card records, telephone records, school records, or an Internet Service Provider's customer records).

In other words, the bill guts the Fourth Amendment requirement that private documents should be searched only after a court issues a warrant based on probable cause.

Even worse, section 3(g) of the bill allows these document seizures to be conducted secretly, so that the individual might never be told that his bank records, Internet records, or other documents have been searched by the government. The section allows the attorney general's subpoena a "provider of electronic communication service" to receive the secrecy privileges that are currently allowed only for wiretaps (these include that the government can delay or postpone forever telling a person that he has been searched). "

redux [04.30.00]
Salon Twilight of the crypto-geeks
"Neal Stephenson, a writer with a cultlike following among the technologically minded and author of the classic "Snowcrash," has given an over-long, hugely digressive -- and brilliant -- speech. After many, many turns and a deep stack of points and stories, Stephenson gets around to saying that the best defense for one's privacy and personal integrity turns out to be not cryptography but, what do you know, "social structures." He is not explicit about the exact nature of these structures, but from the slides that follow, we get a sense of every sort of social relationship from neighborly friendliness to political parties. The slides show drawings of small circles representing areas of social trust. The circles widen and merge, to create a field of autonomy, a trusted space.

Stephenson is making a point about code: Without a sociopolitical context, cryptography is not going to protect you. He singles out PGP for criticism, saying that relying on the encryption scheme is like trying to protect your house with a fence consisting of a single, very tall picket. A slide shows the lone picket rising into the sky, a bird considering it with bulging eyes."

Computers Freedom & Privacy Conference 2000 Audio Transcripts: Neal Stephenson Dinner Speach

The New York Times Magazine The Eroded Self
[requires 'free' registration]
"A liberal state should respect the distinction between public and private speech because it recognizes that the ability to expose in some contexts aspects of our identity that we conceal in other contexts is indispensable to freedom, friendship, even love. Friendship and romantic love can't be achieved without intimacy, and intimacy, in turn, depends upon the selective and voluntary disclosure of personal information that we don't share with everyone else. Moreover...privacy is also necessary for the development of human individuality. Any writer will understand the importance of reflective solitude in refining arguments and making unexpected connections: in an odd but widely shared experience, many of us seem to have our best ideas when we are in the shower. Indeed, studies of creativity show that it's during periods of daydreaming and seclusion that the most creative thought takes place, as individuals allow ideas and impressions to run freely through their minds without fear that their untested thoughts will be exposed and taken out of context. "

"We are trained in this country to think of all concealment as a form of hypocrisy. But perhaps we are about to learn how much may be lost in a culture of transparency -- the capacity for creativity and eccentricity, for the development of self and soul, for understanding, friendship and even love. There is nothing inevitable about the erosion of privacy in cyberspace, just as there is nothing inevitable about its reconstruction. We have the ability to rebuild some of the private spaces we have lost. What we need now is the will."

"While issues of privacy have been far more debated in this day and age then environmental concerns were in Carson's era (for instance, polls consistently show that the public does care very much about privacy, both online and off), Garfinkel's work is the first time a writer has decisively and persuasively marshaled all the information together to show how our right to privacy is under constant attack, often by people who claim to have our best interests at heart. "