Senator McCain Promises To Introduce Legislation To Backdoor Encryption, Make Everyone Less Safe

from the bad-ideas dept

Wed, Nov 18th 2015 8:27am — Mike Masnick

Two months ago, the Obama administration came to the conclusion that mandating backdoors to encryption through legislation was a non-starter. They seemed to recognize that it was mostly a bad idea and (more importantly) that Congress would not approve such legislation. Almost immediately, we noted that intelligence officials (almost gleefully) noted that they really just needed to wait for the next terrorist attack to restart the campaign. Here was Robert Litt, the top lawyer in the intelligence community:

Although “the legislative environment is very hostile today,” the intelligence community’s top lawyer, Robert S. Litt, said to colleagues in an August e-mail, which was obtained by The Post, “it could turn in the event of a terrorist attack or criminal event where strong encryption can be shown to have hindered law enforcement.”

There is value, he said, in “keeping our options open for such a situation.”

Given all that, it was disappointing that the Obama administration then took the cowardly way out, and refused to take an official public stance against backdooring encryption.

Either way, with the attacks in Paris last week, it almost seems like the anti-encryption crowd was somewhat gleeful in their response. Why, here was the exact terrorist attack they needed to push their agenda.

And, of course, the idea of mandated backdoors is back on the table, with Senator John McCain announcing plans to introduce just such legislation:

“In the Senate Armed Services we're going to have hearings on it and we're going to have legislation,” Sen. John McCain (R-Ariz.), who chairs the committee, told reporters Tuesday, calling the status quo “unacceptable.”

Of course, that legislation was ready to go, sitting in a top drawer just waiting for this kind of situation. And now we have to waste all sorts of time responding to this idiocy even though just months ago we went through this whole debate all over again, during which it was pretty clear that backdooring encryption makes us all much less safe. It puts everyone at greater risk, not less.

So the question remains: why do officials and politicians like Senator McCain want to undermine our safety and security? And, even more bizarrely, how is this the same John McCain who was on the other side during the last crypto wars?

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Filed Under: backdoors, encryption, going dark, john mccain

88 Comments

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rw (profile), 18 Nov 2015 @ 7:35am

Sounds to me like the US intelligence community is directing the ISIS attacks to better enable its police state.
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Richard (profile), 18 Nov 2015 @ 8:40am

Cricket
A pity that you don't play Cricket in the US - if you did then you could explain that backdooring encryption is a bit like preparing a spin friendly wicket. It may mean that your bowlers can get the other team out more easily - but if you are playing against India or Pakistan it is suicide!
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JustShutUpAndObey, 18 Nov 2015 @ 8:42am

When you don't know WHAT to do...
Then it's best to do something stupid than to do nothing.
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Baron von Robber, 18 Nov 2015 @ 8:44am

And by doing so Sen. McCain, you also will ruin online banking, banking itself, financial institutions, your own email, all stolen laptops/flashdrives with PCI and HIPAA information (can't encrypt those drives without a failed backdoor , amirite?), etc.

McCain (and other technophobes). You - cannot - create - a - foolproof - backdoor. It WILL be broken.

You might as well build roads that the bad guys can't use. What? You can't?! Oh my.
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Anonymous Coward, 18 Nov 2015 @ 8:46am

Once the golden key is found, it's found forever.

If McCain is okay with Russia, China or terrorists having access to his personal encrypted files or the encrypted files of the US, then by all means, put a back door in.
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pixelpusher220 (profile), 18 Nov 2015 @ 8:48am

Snowden
if we'd done this 10 years ago...wouldn't Snowden have been able to leak this 'golden key'? Then what?

Obviously Snowden the actual person wouldn't have leaked the actual key but Alrich Ames certainly might have...

When you have secrets, they WILL be revealed eventually if they are shared with anyone outside of your own mind.
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mcinsand, 18 Nov 2015 @ 8:49am

if only we had accountability
We need a way to prosecute any elected official that votes for such a measure when (not if) those backdoors are cracked and used against us. Anyone willing to back such legislation to criminalize weakening security would definitely get my vote. However, there's no chance of either party backing anything like secure, non-backdoored encryption.
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meh, 18 Nov 2015 @ 8:49am

V
I know why you did it. I know you were afraid. Who wouldn't be? War, terror, disease. There were a myriad of problems which conspired to corrupt your reason and rob you of your common sense. Fear got the best of you, and in your panic you turned to the now high chancellor, Adam Sutler. He promised you order, he promised you peace, and all he demanded in return was your silent, obedient consent.
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Brent Ashley (profile), 18 Nov 2015 @ 8:49am

Re: Cricket
Oh, it's even more dangerous with US football. The crafty coaches cover their mouths with their clipboards so the TV cameras don't see them talking to their players. They could be sending covert messages to ISIS for all we know but we've been stymied by this clever obfuscation ever since Snowden. We need to mandate and enforce transparent plexiglass clipboards for all football coaches immediately, because terror!
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Anonymous Coward, 18 Nov 2015 @ 8:50am

so, kill all the mathematicians?
so,
are we going to waterboard all the Cryptography coders to get them to create the unicorn key...
or just straight nailgun?
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teknosapien (profile), 18 Nov 2015 @ 8:51am

Data Collection
Data Collection has been going on for years.
From Project Escalation to the newest Mete data gathered by the NSA. This information has been shared with allies in hopes of stopping these acts of terrorism.
AND IT HASN'T worked
How is back door entrance to encryption going to be a game changer.

Maybe they should start looking at how they conduct business, rather than strip our rights and protections away one by one
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teknosapien (profile), 18 Nov 2015 @ 8:51am

Data Collection
Data Collection has been going on for years.
From Project Escalation to the newest Meta data gathered by the NSA. This information has been shared with allies in hopes of stopping these acts of terrorism.
AND IT HASN'T worked
How is back door entrance to encryption going to be a game changer.

Maybe they should start looking at how they conduct business, rather than strip our rights and protections away one by one
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Anonymous Coward, 18 Nov 2015 @ 8:51am

Re:
what about voting?
can you protect elections without encryption?
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Anonymous Coward, 18 Nov 2015 @ 8:54am

Re:
Hopefully it does ruin online banking and banking itself. If the financial sector is hurt, they will get the laws changed.
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Anonymous Coward, 18 Nov 2015 @ 8:54am

"back door entrance to encryption"
do you mean unsecure security?
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Anonymous Coward, 18 Nov 2015 @ 8:55am

Re: Re:
that would be too late?
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Anonymous Coward, 18 Nov 2015 @ 8:55am

Re: so, kill all the mathematicians?
First, they came for the mathematicians...
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Anonymous Coward, 18 Nov 2015 @ 8:57am

"McCain was more direct when asked if he would require tech companies to build a portal into their encryption for government officials.

“Yeah, I would,” he said.

But exactly how McCain and his allies might accomplish this is unclear."
TORTURE??
http://thehill.com/policy/cybersecurity/260522-paris-revives-battle-over-data-encr yption
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pixelpusher220 (profile), 18 Nov 2015 @ 8:58am

Re: if only we had accountability
"We need a way to prosecute any elected official that votes for such a measure"

You mean like voting them out of office?
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Richard (profile), 18 Nov 2015 @ 8:59am

Re: Re: so, kill all the mathematicians?
Killing mathematicians won't work - because the problem is not mathematicians - it is mathematics.

Unfortunately a way to kill mathematics has yet to be discovered.
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Anonymous Coward, 18 Nov 2015 @ 9:00am

Re: Re: so, kill all the mathematicians?
so the USA will be a math free zone.

Only criminals will have math capabilities.
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Anonymous Coward, 18 Nov 2015 @ 9:02am

You know why terrorism works and keeps happening?

Because we loose our collective fucking minds each time an attack happens.
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Anonymous Coward, 18 Nov 2015 @ 9:03am

Re: Re: Cricket
...The crafty coaches cover their mouths with their clipboards so the TV cameras don't see them talking to their players...

Not to mention baseball & softball coaches and players using sign language! Ever wonder why the tv cameras are always trying to get the catcher's signs to the pitcher?
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Baron von Robber, 18 Nov 2015 @ 9:04am

Re: Re:
Excellent example. :)
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SteveMB (profile), 18 Nov 2015 @ 9:04am

how is this the same John McCain who was on the other side during the last crypto wars?

Hello, boys and girls -- our vocabulary-builder Word Of The Day is "SENILITY". Can you say "senility"?
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Anonymous Coward, 18 Nov 2015 @ 9:05am

Response to: Anonymous Coward on Nov 18th, 2015 @ 8:54am
Let's call it the TSA
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SteveMB (profile), 18 Nov 2015 @ 9:06am

Re: Re: if only we had accountability
"We need a way to prosecute any elected official that votes for such a measure"

You mean like voting them out of office?

That suffices for mere differences of opinion. There really should be a firmer sanction for violation of the oath to uphold the Constitution.
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Steve R. (profile), 18 Nov 2015 @ 9:07am

Why Won't The Backdoor Concept Die?
A so-called "backdoor" will never work. Obvious, yet the mindless repetitive chants calling for it never seem to cease. Unbelievable.
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SteveMB (profile), 18 Nov 2015 @ 9:10am

Re: Re:
The banksters really ought to keep the politicians they own on a tighter leash and not let them go around biting and crapping on people's lawns.
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Steve R. (profile), 18 Nov 2015 @ 9:11am

Fiancial Institutions
Financial institutions require unbreakable encryption. Funny thing, the positives of encryption never seem to be mentioned by those advocating for a "backdoor".
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Anonymous Coward, 18 Nov 2015 @ 9:11am

Isn't there a well known Simpsons clip where Mr. Burns and Smithers go through multiple layers of crazy high-end security and obfuscation, only to shoo a dog out the rickety screen door at the 'secure' room?

Maybe we should just email Senator McCain that clip.
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Anonymous Coward, 18 Nov 2015 @ 9:12am

Senator McCain is in the pocket of the military-industrial complex, which is made up of thousands of private contractors sucking down taxpayer money and contributing some of that money back into to John McCain's campaign coffers. That's my guess.

It's kind of like the circle of life, but replace "life" with "politics".
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Anonymous Coward, 18 Nov 2015 @ 9:13am

What we should be talking about is why the Orwellian civil liberties trashing programs we already have in place didn't stop the attack AGAIN.

Meanwhile we will just go ahead and make stronger crypto than ever. Choke on that Mccain
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Anonymous Coward, 18 Nov 2015 @ 9:15am

Re: Re: Re: so, kill all the mathematicians?
what do you mean won't work?
who should we kill then?

drones then!! we can also drone foreign mathematicians?
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Anonymous Coward, 18 Nov 2015 @ 9:18am

Re:
YES,
because there is a "collective mind" ...
right???

check your premises and try again.
read.
think.
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Anonymous Coward, 18 Nov 2015 @ 9:20am

Re: Why Won't The Backdoor Concept Die?
a.k.a.
Clipper chip- key
golden- key
unicorn- key
leprechaun/santa- key
knight blood only- key
pure hearth only- key
good guys only- key
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Anonymous Coward, 18 Nov 2015 @ 9:22am

Re:
you are assuming he reads his email?

I am sure he has a hot Lewinsky boy that prints em for him.
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Anonymous Coward, 18 Nov 2015 @ 9:24am

Re: Re:
you would have to mail him a vhs tape,
or maybe with luck his suv can play dvds, but he does not know how
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Anonymous Coward, 18 Nov 2015 @ 9:25am

Re:
"why the Orwellian civil liberties trashing programs we already have in place didn't stop the attack?"

because that is not their function nor aim?
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Anonymous Coward, 18 Nov 2015 @ 9:26am

Re: Re: Re: Cricket
kill them all
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TasMot (profile), 18 Nov 2015 @ 9:27am

Re: Why Won't The Backdoor Concept Die?
how is this the same John McCain who was on the other side during the last crypto wars?

Why Won't the Backdoor Concept Die?

I think the answer to both of these questions is actually going to be the very old saw "Follow The Money". It would not surprise me at all to find out who is constantly putting up the money to keep pushing this agenda.

The bad part is that the supposed bad guys they want to catch are not going to use the broken encryption. They are going to keep using the existing good encryption and create more "NOT BROKEN" encryption and use that.

Only those US citizens forced to use the broken encryption will be exposed (to everybody in the world) and anybody with a little bit of brains will be adding their own un-broken encryption on top of the broken encryption.

One fall-out I hope they are preparing for is the increased costs to business as people lose faith in the "non" security of online transactions and banks, stores, and government offices are going to have to start hiring a lot more workers to service the people who have to come to the store/shop/office/tellers to transact business because all of the online security will be broken.

Good Luck with That!
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Anonymous Coward, 18 Nov 2015 @ 9:27am

Re: Re: Re:
I think I got that from CSPAN
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Anonymous Coward, 18 Nov 2015 @ 9:28am

Re:
like the clipper chip and the TSA master keys?
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Anonymous Coward, 18 Nov 2015 @ 9:29am

Re: Snowden
once more than 1 person knows something, it is not a secret.
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Anonymous Coward, 18 Nov 2015 @ 9:29am

Re: Re: Re: so, kill all the mathematicians?
how about mandatory math "sciences" part of the "security sciences studies"
so next generation will not know what encryption is
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Anonymous Coward, 18 Nov 2015 @ 9:31am

Re: Data Collection
"AND IT HASN'T worked"

it has worked, for what it is designed for.
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Anonymous Coward, 18 Nov 2015 @ 9:36am

Will he also insist that all letters and parcels are passed to the postal and parcel service unsealed, so that the contents can be copied and listed to the spy agencies, along with all phone call being recorded at Bluffdale. Why not pass a law enabling the police to copy all papers and electronic devices carried by a person, or held in their property, on demand?
I mean, if he wants encryption backdoored, why not go all the way and insist that all communications by any channel can be examined by the security services at any time.
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Jim B., 18 Nov 2015 @ 9:37am

No evidence
Seriously, does anyone mean to put forth the idea (since they were attempting to push for momentum in backdooring encryption) that they would have had it designed, implemented and disseminated in time to stop the Paris terrorist attack? It takes a long time. Encryption technologies are open source. Terrorists could simply take the technology modify it and use it with impunity?
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Richard (profile), 18 Nov 2015 @ 9:42am

Gleeful
Either way, with the attacks in Paris last week, it almost seems like the anti-encryption crowd was somewhat gleeful in their response.

"he that is glad at calamities shall not be unpunished."

Proverbs 17:5
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Anonymous Coward, 18 Nov 2015 @ 9:49am

Background checks required for PS4 purchases;
Upgrades of PS4's to 'fully automatic' mode becomes a felony.

Some cities will have 'buy back' programs to get PS4's off the street.

We don't want to see any more kids holding game controllers killed by cops.

Dianne Feinstein will rest easier, now.
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NeghVar (profile), 18 Nov 2015 @ 10:09am

These politicians are complete idiots. They have no clue of the repercussion that will result from their agendas. If such a bill would pass that requires all forms of encryption to have a government backdoor, then opensource projects would move overseas. Perhaps join SlySoft in St. John's, Antigua and Barbuda. from there, make the encryption available.
An advantage of open source is that you can't hide backdoors in it. They will be found by others and removed
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DannyB (profile), 18 Nov 2015 @ 10:17am

Re: Re:
> can you protect elections without encryption?

With backdoored encryption, or no encryption, the government CAN protect voting.

It is in the public interest to protect the voters from the wrong candidate being elected.
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DannyB (profile), 18 Nov 2015 @ 10:19am

Re: Re: Re: so, kill all the mathematicians?
> so the USA will be a math free zone.

The US education system has had that goal for some time now.
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DannyB (profile), 18 Nov 2015 @ 10:24am

Re: Re: Why Won't The Backdoor Concept Die?
> Only those US citizens forced to use the broken encryption

Please do not be so pessimistic.

With a bit of luck the law abiding citizens of all other nations will get to use broken encryption also.
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John85851 (profile), 18 Nov 2015 @ 10:24am

Re: Re: if only we had accountability
And who's going to vote them out of office over this issue?

Too many people still believe the idea of "if you've done nothing wrong, then you've got nothing to hide". So why should they care if there's a backdoor?

And too many people also use insecure, public wifi because it's easy, without even thinking that their data could be stolen.

So another hole in security isn't really that big of a deal.
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Anonymous Coward, 18 Nov 2015 @ 10:40am

Re: Cricket
For those americans among us, could we get a slightly more complete explanation? :P
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Anonymous Coward, 18 Nov 2015 @ 10:46am

Re:
like the books in germany?
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Anonymous Coward, 18 Nov 2015 @ 10:52am

Re:
maybe the idiots are the ones that still believe in their "authority" and follow their otders
they cannot argue leguitimacy anymore
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Just Another Anonymous Troll, 18 Nov 2015 @ 10:55am

Re: Re:
..not sure if troll or stupid. If everyone or a large portion of everyone loses their minds over something, it could be said that we have lost our collective mind. It doesn't imply that there's a hive mind.
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Anonymous Coward, 18 Nov 2015 @ 10:57am

Re:
Hello, boys and girls -- our vocabulary-builder Word Of The Day is "BLACKMAIL". Can you say "blackmail"?

FTFY.
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Patrick, 18 Nov 2015 @ 10:57am

One wonders if they just let some attacks happen to further their agenda.
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Anonymous Coward, 18 Nov 2015 @ 11:19am

Re: Re: Re: so, kill all the mathematicians?
Unfortunately a way to kill mathematics has yet to be discovered.
Yeah, but Kurt Godel beat the crap out of it and made it beg for its life.
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Anonymous Coward, 18 Nov 2015 @ 11:25am

Re:
how is this the same John McCain who was on the other side during the last crypto wars?
It's not. This is the same John McCain who said "Sarah Palin? Sure, sounds good."
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Anonymous Coward, 18 Nov 2015 @ 11:30am

Re: Re: Re: Why Won't The Backdoor Concept Die?
There will be an addendum to the TPP: Everyone MUST use Backdoored Encryption.

Yea, that'll work.
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Anonymous Coward, 18 Nov 2015 @ 11:45am

Re: Re:
I think you just figured out the motivation....
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Uriel-238 (profile), 18 Nov 2015 @ 12:02pm

Yeah, like people will just slow down and drive 55.
Maybe McCain should just mandate encryption that cannot be used by terrorists and evil people.
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Anonymous Coward, 18 Nov 2015 @ 12:07pm

Re: Re:
--can you protect elections without encryption?

Whats encryption have to do with elections?
The most corrupt politician always wins, has nothing to do with your vote.
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Anonymous Coward, 18 Nov 2015 @ 12:07pm

Re: Re: if only we had accountability
2 Questions:

1. Can you vote someone out of office? (seems to me the only say in it is at elections and then it is not always possible to vote someone out, while it is always possible to vote someone in! "Voting out" is an interpretation, not an action.)

2. How can a New Yorker vote any representative from Nebraska out? (FPTP and Geographically chosen candidates do not produce very nationally accountable candidates.)
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Anonymous Coward, 18 Nov 2015 @ 12:17pm

Re: Re: Re: Re: so, kill all the mathematicians?
Statistics is so easy to manipulate and as soon as you start to use mathematics in reality, you realize the dependency on the initial conditions, boundary conditions and termination conditions. If you understand a field in reality and the testing methods good enough, you can manipulate math!

Therefore math is political and should be made illegal!
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Steve, 18 Nov 2015 @ 12:23pm

Its all about spying
How else would the US be able to spy on other Countries & foreign Corporations?
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Anonymous Coward, 18 Nov 2015 @ 12:33pm

I wish I had a job were I could submit the same rejected garbage over and over. I could work form home!
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Anonymous Coward, 18 Nov 2015 @ 12:35pm

Re:
"You might as well build roads that the bad guys can't use."

He might be able to understand that statement. Maybe...
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Anonymous Coward, 18 Nov 2015 @ 12:44pm

Re:
Surely you mean your computer could work from home, while you go fishing.
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Anonymous Coward, 18 Nov 2015 @ 1:09pm

Re: Fiancial Institutions
I remember back when Clinton was president and pushing hard for back doors in encryption. Someone mentioned bankers and Clinton said that they would be exempt, of course, "because bankers are GOOD citizens". As if though the rest of the population were BAD citizens. Subsequent banking scandals and crises show what good citizens Clinton's banker buddies were, I think.
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Anonymous Coward, 18 Nov 2015 @ 1:12pm

Re:
McCain is one of those douche bags who thought torture was bad when it was (supposedly) done to him. He's all for doing it to others, though.
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Almost Anonymous (profile), 18 Nov 2015 @ 1:14pm

Re: Re:
You missed the point. Without encryption, it will be even easier than it already is to alter your vote.
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Almost Anonymous (profile), 18 Nov 2015 @ 1:17pm

Re: if only we had accountability
There's no chance that any legislation that mandated a "golden key/backdoor" solution would not also include full and infinitely retroactive immunity from prosecution for any and all parties involved in the case of a breach and/or loss of the "golden key".
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Anonymous Coward, 18 Nov 2015 @ 1:18pm

Backdoor
Anyone who is unclear on how this backdoor government access would work is welcome to drop their pants, bend over and let a government official demonstrate it for them.
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Almost Anonymous (profile), 18 Nov 2015 @ 1:28pm

Re: Why Won't The Backdoor Concept Die?
Quantum encryption will be even worse, for their purposes. The encrypted data cannot be "cracked" or copied without altering the actual data itself, thereby making these acts meaningless. Even though the concept has been around for a long time, it doesn't seem like these golden key guys have even heard of it.

https://en.wikipedia.org/wiki/Quantum_cryptography
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Almost Anonymous (profile), 18 Nov 2015 @ 1:30pm

Re: Yeah, like people will just slow down and drive 55.
You joke, but it is just as workable.
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Mark Wing, 18 Nov 2015 @ 1:39pm

And when the bad guys start building their own encryption, they'll honor the mandate and put back doors in their system, right?
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Anonymous Coward, 18 Nov 2015 @ 1:39pm

Re: Re: Re:
"it could be said that we have lost our collective mind. It doesn't imply that there's a hive mind."

you talk like a perfect sheep: DOUBLETHINK
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Anonymous Coward, 18 Nov 2015 @ 1:42pm

Re: Re: Why Won't The Backdoor Concept Die?
like when governments plant digital evidence?
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Anonymous Coward, 18 Nov 2015 @ 2:04pm

Re: Re: Re: Re:
Whereas you don't seem to have even made it as far as singlethink.
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Anonymous Coward, 18 Nov 2015 @ 4:15pm

The dinosaur wants to ban math. Good luck!
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Anonymous, 18 Nov 2015 @ 5:15pm

Obama
"Given all that, it was disappointing that the Obama administration then took the cowardly way out, and refused to take an official public stance against backdooring encryption."

It might actually be a smart move to take no stance; imagine this becoming a purely partisan issue.
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Eldakka (profile), 18 Nov 2015 @ 5:59pm

Robert S. Litt, any relation to Lewis Litt from Suits? Sounds like the type of thing Lewis would suggest.
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That One Guy (profile), 18 Nov 2015 @ 6:55pm

Re:
Oh it gets better actually. The other countries/governments wouldn't need the US golden key, they'd just use their own. Kinda hard to tell another country 'No, we will not break out security just because you want us to' when you've already done it once.

So there wouldn't be a security vulnerability, there would be lots, and the odds of all of them staying secret for more than a week is lower than zero.
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