Protection from prying NSA eyes

Protection from prying NSA eyes
Mark Rasch, 2006-05-15

From the U.S. Fourth Amendment, the Stored Communications Act and U.S. wiretap laws to the Pen-register statute, Mark Rasch looks at legal protections available to the telecommunication companies and individual Americans in the wake of the NSA's massive spying program.

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Protection from prying NSA eyes 2006-05-15
Bob Radvanovsky

Taken from the content of the Wikipedia, the definition of "terrorist" is as follows:

"The term is often used to assert that the political violence of an enemy is immoral, wanton, and unjustified; and terrorist attacks are commonly characterized as "indiscriminate", "targeting of civilians", or e...

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Protection from prying NSA eyes 2006-05-15
Dr. Neal Krawetz

Hi Mark,

Another excellent column. Two thoughts:

1. International rights.
I am curious how this impacts calls made to foreign countries. While phone calls recorded in Delaware requires both parties to permit the recording, other states only require one party to know a call is being recorded...

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Bell South Responds 2006-05-16
Mark D. Rasch

ATLANTA, May 15 /PRNewswire/ -- The following statement regarding media reports about U.S. governmental agency data collection may be attributed to BellSouth Corporation (NYSE: BLS):

There has been much speculation in the last several days about the role that BellSouth may have played in efforts...

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Protection from prying NSA eyes 2006-05-16
bill

let's hope nsa loses

http://www.prosefights.org/nmlegal/nsa/williamblack#huffman

regards
http://www.prosefights.org/shattuck/shattuck.htm...

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No Hope! 2006-05-16
Anonymous (1 replies)

Excellent article. Too bad there there is only one thing we as ordinary citizens can do about any of our quickly erroding rights. That is vote in someone who actually reppresents the people instead of thier own best interests.

As Ben Franklin said "Those who would give up Essential Liberty to p...

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Re: No Hope! 2006-05-19
Anonymous (1 replies)

Yea Right. Are you kidding? What rights have been eroded? What can't you do today and you couldn't do yesterday?...

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Re: Re: No Hope! 2006-05-25
Anonymous

What color is the sky in your world? You certainly aren't living in mine. Didn't you read the article as just one example? People like you are the real problem. Your attitude of "Relax, have some fries, it doesn't matter that the NSA is tracking your every move as long as you aren't doing anythin...

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Protection from prying NSA eyes 2006-05-16
Anonymous

There has become an unfortunate attitude amongst all law enforcement that it is okay break a law or to violate the rights of anyone or everyone, as long as it is in persuit of a criminal....

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Protection from prying NSA eyes 2006-05-17
Matthew Murphy (2 replies)

If I don't want the NSA reading my data (e-mail contents, etc.), I have an easy solution: encrypt it.

The problem with metadata is that I can't encrypt the touch tones on my phone or the headers on an e-mail. The reason for that, of course, is that every party along the route of my communication...

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Re: Protection from prying NSA eyes 2006-05-19
Anonymous (1 replies)

Why would they want to? Don't flatter yourself. You are not that important. Unless you are a terrorist, this program only does data mining...Do you think they have the staff to read or listen to 10 million messages? Get real....

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Re: Re: Protection from prying NSA eyes 2006-05-25
Matthew Murphy

The "unless you're a terrorist" line is classic. Unless you're a terrorist... or you deal in tactical information that, if gathered illicitly, would have significant value to a national intelligence organization in pursuing other "strategic targets".

But regardless...

You've actually just mad...

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Re: Protection from prying NSA eyes ( a question too) 2006-05-21
Bipin Gautam

hi Mark,
YES "International rights!?" that is what i was concerned & talking about when the news got highlighted in NY times & we discussed it in FD maling list.

but as guys are also thinking to encrypt everything... mean while I read news that UK government would have the right to ask civilian...

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When did the Americans become like the old Russians? 2006-05-17
S Hay

I remember a time only a few short decades ago where we gasped at reports that the KGB was spying on it's own citizens and had files on many of them. The Russian government insisted it was doing it to protect it's people. The KGB was notorious for implying that anyone who didn't cooperate with the...

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Protection from prying NSA eyes 2006-05-18
Al Macintyre

Government programs are a moving target. They start with some worthy goal, like preventing terrorists from boarding commercial flights, then go after other criminals like illegal aliens, Dads who have not paid child support, and pretty soon have a system that fails to do the original goal. This NS...

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Protection from prying NSA eyes 2006-05-19
Anonymous (1 replies)

Well you are wrong...even the section that you quote says so...
c) Exceptions for disclosure of customer records. A provider . . . may divulge a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications . . .)

(4) to a go...

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Re: Protection from prying NSA eyes 2006-05-25
Anonymous

I hope you are first one framed for a crime that some cop committed because they have indisputable evidence that you were there!...

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Protection from prying NSA eyes 2006-05-19
Anonymous

In the real world of "world war" there may not be time for the adjudication of merits on disclosure! ...

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Protection from prying NSA eyes 2006-05-19
Anonymous

As NSA is associated with DoD, doesn't Posse Comitatus apply?...

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Why so secret? 2006-05-19
Anonymous

That is my question, why do we need to be so secret about the NSA tapping telecommunications? If cameras are recording everything in public, why do-it secretly, and that is the problem, everything so far is only speculation for what they are doing with this information and what information is being...

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NSA Authority question 2006-05-31
Dion Stempfley

Great article. Personally I appreciate what the intel analysts are trying to accomplish, even if it was a bad policy decision. Sometimes the technologists get tunnel vision about how to dig for more information if they could only get more data. Unfortunately, there's not always a level headed per...

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The "Knock On" Effect 2006-06-05
Dave (1 replies)

The damage to commercial and private interests by the Federal government?s activities can be characterized by what is termed the ?knock on? effect. For example, just this morning I was on the phone with a business partner about information regarding an ongoing patent search that we are conducting fo...

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Re: The "Knock On" Effect 2006-06-06
Anonymous

The fact of the matter is we have come to a point in our society where the rules of law, commerce, civility, etc. are all flexibly interpreted by those in power; be it a mayor deciding whether or not to enforce a low-bid procurement policy, the president of a corporation accepting prime sports ticke...

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Protection from terrorists who wish to kill thousands of our citizens 2006-06-08
Tim Kery (1 replies)

Interesting article parsing laws surrounding the NSA's massive protection program. It is pretty clear that the Supreme Court ruling that was described in the article makes the collection of pen register data constitutional. My understanding from the reports I have seen on this issue is that the NSA ...

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Re: Protection from terrorists who wish to kill thousands of our citizens 2006-06-23
Mark D. Rasch (1 replies)

A few observations. First, "pen register" data, or non content information is covered by Smith v. Maryland vis a vis the Fourth Amendment ONLY. The statutes cited relate to non-constitutional privacy protections of these records - protections which were either ignored or avoided by the actions of ...

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Re: Re: Protection from terrorists who wish to kill thousands of our citizens 2006-07-04
Anonymous

Do you, really, think that the NSA wants to look/listen to YOUR phone calls? That's pretty self-important. I'm not talking or surfing to anything that might grab the NSA's interest, are you? If it protects the American People from another 9/11, I say do it. It seems to me, that most people who w...

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