July 2011 - cypherpunks-legacy

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by Lincoln G. Lang 13 Jul '11

13 Jul '11

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by Fernando Rosen 13 Jul '11

13 Jul '11

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13 Jul '11

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by Eugen Leitl 13 Jul '11

13 Jul '11

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DOJ: We can force you to decrypt that laptop
by Eugen Leitl 12 Jul '11

12 Jul '11

http://news.cnet.com/8301-31921_3-20078312-281/doj-we-can-force-you-to-decr… July 11, 2011 12:07 AM PDT DOJ: We can force you to decrypt that laptop by Declan McCullagh The Colorado prosecution of a woman accused of a mortgage scam will test whether the government can punish you for refusing to disclose your encryption passphrase. The Obama administration has asked a federal judge to order the defendant, Ramona Fricosu, to decrypt an encrypted laptop that police found in her bedroom during a raid of her home. Because Fricosu has opposed the proposal, this could turn into a precedent-setting case. No U.S. appeals court appears to have ruled on whether such an order would be legal or not under the U.S. Constitution's Fifth Amendment, which broadly protects Americans' right to remain silent. In a brief filed last Friday, Fricosu's Colorado Springs-based attorney, Philip Dubois, said defendants can't be constitutionally obligated to help the government interpret their files. "If agents execute a search warrant and find, say, a diary handwritten in code, could the target be compelled to decode, i.e., decrypt, the diary?" To the U.S. Justice Department, though, the requested court order represents a simple extension of prosecutors' long-standing ability to assemble information that could become evidence during a trial. The department claims: Public interests will be harmed absent requiring defendants to make available unencrypted contents in circumstances like these. Failing to compel Ms. Fricosu amounts to a concession to her and potential criminals (be it in child exploitation, national security, terrorism, financial crimes or drug trafficking cases) that encrypting all inculpatory digital evidence will serve to defeat the efforts of law enforcement officers to obtain such evidence through judicially authorized search warrants, and thus make their prosecution impossible. Prosecutors stressed that they don't actually require the passphrase itself, meaning Fricosu would be permitted to type it in and unlock the files without anyone looking over her shoulder. They say they want only the decrypted data and are not demanding "the password to the drive, either orally or in written form." The question of whether a criminal defendant can be legally compelled to cough up his encryption passphrase remains an unsettled one, with law review articles for at least the last 15 years arguing the merits of either approach. (A U.S. Justice Department attorney wrote an article in 1996, for instance, titled "Compelled Production of Plaintext and Keys.") Much of the discussion has been about what analogy comes closest. Prosecutors tend to view PGP passphrases as akin to someone possessing a key to a safe filled with incriminating documents. That person can, in general, be legally compelled to hand over the key. Other examples include the U.S. Supreme Court saying that defendants can be forced to provide fingerprints, blood samples, or voice recordings. On the other hand are civil libertarians citing other Supreme Court cases that conclude Americans can't be forced to give "compelled testimonial communications" and extending the legal shield of the Fifth Amendment to encryption passphrases. Courts already have ruled that that such protection extends to the contents of a defendant's mind, so why shouldn't a passphrase be shielded as well? In an amicus brief (PDF) filed on Friday, the San Francisco-based Electronic Frontier Foundation argues that the Justice Department's request be rejected because of Fricosu's Fifth Amendment rights. The Fifth Amendment says that "no person...shall be compelled in any criminal case to be a witness against himself." "Decrypting the data on the laptop can be, in and of itself, a testimonial act--revealing control over a computer and the files on it," said EFF Senior staff attorney Marcia Hofmann. "Ordering the defendant to enter an encryption password puts her in the situation the Fifth Amendment was designed to prevent: having to choose between incriminating herself, lying under oath, or risking contempt of court." The EFF says it's interested in this case because it wants to ensure that, as computers become more portable and encrypting data becomes more commonplace, passphrases and encrypted files receive full protection under the Fifth Amendment. Because this involves a Fifth Amendment claim, Colorado prosecutors took the unusual step of seeking approval from headquarters in Washington, D.C.: On May 5, Assistant Attorney General Lanny Breuer sent a letter to John Walsh, the U.S. Attorney for Colorado, saying "I hereby approve your request." While the U.S. Supreme Court has not confronted the topic, a handful of lower courts have. In March 2010, a federal judge in Michigan ruled that Thomas Kirschner, facing charges of receiving child pornography, would not have to give up his password. That's "protecting his invocation of his Fifth Amendment privilege against compelled self-incrimination," the court ruled (PDF). A year earlier, a Vermont federal judge concluded that Sebastien Boucher, who a border guard claims had child porn on his Alienware laptop, did not have a Fifth Amendment right to keep the files encrypted. Boucher eventually complied and was convicted. One argument published in the University of Chicago Legal Forum in 1996--constitutional arguments among legal academics have long preceded actual prosecutions--says: The courts likely will find that compelling someone to reveal the steps necessary to decrypt a PGP-encrypted document violates the Fifth Amendment privilege against compulsory self-incrimination. Because most users protect their private keys by memorizing passwords to them and not writing them down, access to encrypted documents would almost definitely require an individual to disclose the contents of his mind. This bars the state from compelling its production. This would force law enforcement officials to grant some form of immunity to the owners of these documents to gain access to them. Translation: One way around the Fifth Amendment is for prosecutors to offer a defendant, in this case Fricosu, immunity for what they say. But it appears as though they've stopped far short of granting her full immunity for whatever appears on the hard drive (which may not, of course, even be hers). Fricosu was born in 1974 and living in Peyton, Colo., as of last fall. She was charged with bank fraud, wire fraud, and money laundering as part of an alleged attempt to use falsified court documents to illegally gain title to homes near Colorado Springs that were facing "imminent foreclosure" or whose owners were relocating outside the state. Some of the charges include up to 30 years in prison; she pleaded not guilty. Her husband, Scott Whatcott, was also charged. A ruling is expected from either Magistrate Judge Michael Hegarty or District Judge Robert Blackburn. Jennifer Guevin contributed to this report. Read more: http://news.cnet.com/8301-31921_3-20078312-281/doj-we-can-force-you-to-decr…

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[silk] World Cyberwar And the Inevitability of Radical Transparency
by Eugen Leitl 12 Jul '11

12 Jul '11

----- Forwarded message from Udhay Shankar N <udhay(a)pobox.com> -----

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CIA organised fake vaccination drive to get Osama bin Laden's family DNA
by Eugen Leitl 12 Jul '11

12 Jul '11

http://www.guardian.co.uk/world/2011/jul/11/cia-fake-vaccinations-osama-bin… CIA organised fake vaccination drive to get Osama bin Laden's family DNA Senior Pakistani doctor who organised vaccine programme in Abbottabad arrested by ISI for working with US agents Saeed Shah in Abbottabad guardian.co.uk, Monday 11 July 2011 19.59 BST Osama bin Laden's compound in Abbottabad CIA organised fake vaccination programme in Abbottabad to try and find Osama bin Laden. Photograph: Md Nadeem/EPA The CIA organised a fake vaccination programme in the town where it believed Osama bin Laden was hiding in an elaborate attempt to obtain DNA from the fugitive al-Qaida leader's family, a Guardian investigation has found. As part of extensive preparations for the raid that killed Bin Laden in May, CIA agents recruited a senior Pakistani doctor to organise the vaccine drive in Abbottabad, even starting the "project" in a poorer part of town to make it look more authentic, according to Pakistani and US officials and local residents. The doctor, Shakil Afridi, has since been arrested by the Inter-Services Intelligence agency (ISI) for co-operating with American intelligence agents. Relations between Washington and Islamabad, already severely strained by the Bin Laden operation, have deteriorated considerably since then. The doctor's arrest has exacerbated these tensions. The US is understood to be concerned for the doctor's safety, and is thought to have intervened on his behalf. The vaccination plan was conceived after American intelligence officers tracked an al-Qaida courier, known as Abu Ahmad al-Kuwaiti, to what turned out to be Bin Laden's Abbottabad compound last summer. The agency monitored the compound by satellite and surveillance from a local CIA safe house in Abbottabad, but wanted confirmation that Bin Laden was there before mounting a risky operation inside another country. DNA from any of the Bin Laden children in the compound could be compared with a sample from his sister, who died in Boston in 2010, to provide evidence that the family was present. So agents approached Afridi, the health official in charge of Khyber, part of the tribal area that runs along the Afghan border. The doctor went to Abbottabad in March, saying he had procured funds to give free vaccinations for hepatitis B. Bypassing the management of the Abbottabad health services, he paid generous sums to low-ranking local government health workers, who took part in the operation without knowing about the connection to Bin Laden. Health visitors in the area were among the few people who had gained access to the Bin Laden compound in the past, administering polio drops to some of the children. Afridi had posters for the vaccination programme put up around Abbottabad, featuring a vaccine made by Amson, a medicine manufacturer based on the outskirts of Islamabad. In March health workers administered the vaccine in a poor neighbourhood on the edge of Abbottabad called Nawa Sher. The hepatitis B vaccine is usually given in three doses, the second a month after the first. But in April, instead of administering the second dose in Nawa Sher, the doctor returned to Abbottabad and moved the nurses on to Bilal Town, the suburb where Bin Laden lived. It is not known exactly how the doctor hoped to get DNA from the vaccinations, although nurses could have been trained to withdraw some blood in the needle after administrating the drug. "The whole thing was totally irregular," said one Pakistani official. "Bilal Town is a well-to-do area. Why would you choose that place to give free vaccines? And what is the official surgeon of Khyber doing working in Abbottabad?" A nurse known as Bakhto, whose full name is Mukhtar Bibi, managed to gain entry to the Bin Laden compound to administer the vaccines. According to several sources, the doctor, who waited outside, told her to take in a handbag that was fitted with an electronic device. It is not clear what the device was, or whether she left it behind. It is also not known whether the CIA managed to obtain any Bin Laden DNA, although one source suggested the operation did not succeed. Mukhtar Bibi, who was unaware of the real purpose of the vaccination campaign, would not comment on the programme. Pakistani intelligence became aware of the doctor's activities during the investigation into the US raid in which Bin Laden was killed on the top floor of the Abbottabad house. Islamabad refused to comment officially on Afridi's arrest, but one senior official said: "Wouldn't any country detain people for working for a foreign spy service?" The doctor is one of several people suspected of helping the CIA to have been arrested by the ISI, but he is thought to be the only one still in custody. Pakistan is furious over being kept in the dark about the raid, and the US is angry that the Pakistani investigation appears more focused on finding out how the CIA was able to track down the al-Qaida leader than on how Bin Laden was able to live in Abbottabad for five years. Over the weekend, relations were pummelled further when the US announced that it would cut $800m (#500m) worth of military aid as punishment for Pakistan's perceived lack of co-operation in the anti-terror fight. William Daley, the White House chief of staff, went on US television on Sunday to say: "Obviously, there's still a lot of pain that the political system in Pakistan is feeling by virtue of the raid that we did to get Osama bin Laden, something the president felt strongly about and we have no regrets over." The CIA refused to comment on the vaccination plot.

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<nettime> Anonymous Hackers Release 90, 000 Military E-mail Accounts
by Eugen Leitl 12 Jul '11

12 Jul '11

----- Forwarded message from Felix Stalder <felix(a)openflows.com> -----

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