Actually, no. Whistleblower laws were added to the books but the current administration [and that of the Bush-Cheney co-presidency] have reverted to misuse of the Espionage Act.
The GC's view of course also fails to take into account modern things like the internet and the distribution of information. You can be sure that back in the day, there wasn't anyone walking out the front door with 50,000 pages tucked under their arm, nor are they making a million copies of those pages. The scope and scale of any data breach at this point is so large and potentially so harmful that you cannot let it pass anymore.
Ellberg did exactly that. From office safe to briefcase to Xerox machine back to briefcase back to office safe, over and over for many days and thousands of pages.
This case is what led directly to the GC's view.
Nixon tried to prosecute under the Espionage Act and failed for the reason the GC expressed in his views after witnessing the whole debacle firsthand.
Instead of reading between the lines, lets see what they actually said:
The following morning, [NSA General Counsel Rajesh] De sent someone at NSA an email with the subject line "NBC/email."
"I need very senior confirmation [Kemp/Moultrie) [a reference to the NSA's director of security and Ron Moultrie, then the NSA's deputy SIGINT director] that all possible steps have been taken to ensure there are no other emails from [Snowden] to OGC," De wrote.
Those assurances apparently could not be provided — even though the agency had publicly been saying over the course of a year that no other relevant communications from Snowden existed.
NSA General Counsel advises that all traces of Snowden's lawful emails to his office be wiped from all systems so FOIA requests can be relied upon to back up his story by finding none of them. [We can presume he has already purged his own office systems and locked some of them away as potential evidence against Snowden.]
Kemp and Moultrie reply that they cannot guarantee whether traces remain in the unprofessional messes under their control.
It's totally blocked by those depths and by barrels anyway, but external pressure raises internal pressure by tightening a barrel and reducing normal outgassing.
With bottles the cork is pushed in until pressure equalizes, which is not far due to the small air space; but creates a large amount of additional pressure.
So, pressure applies to both types of container.
Reduced temperatures at depth may be a factor but is probably less significant than pressure; the unique factor.
Apple never said they couldn't do it as a targeted patch.
In this case the court specifically ordered that just the one module be replaced. That module, designed for just the one function and that being on a cell phone, is very small.
That makes it impossible to add sophisticated search-replace code which alters time stamps on files and also internal IOS logs and filesystem structures sufficiently well enough to fool forensics investigators on both sides of the case.
Don't forget that this part of the job is for Apple alone.
The other logs I mentioned are not those of IOS, but of the technical staff and investigators involved in all stages of the procedure, and most of those will be written by Apple staff who have sole and uninterrupted custody of both their logs and the source code of the proposed tool. Apple can't be elbowed out of the way and not all FBI agents, techs and officials can be compromised at the same time; so yes, the combined logs and testimony of all involved on both sides of the case does effectively make shenanigans a no-go.
It means that American commercial platforms become unprofitable altogether. Trust is too much a central part of the market to be compromised in this way.
People stop buying American. American corporations emigrate. Trillions in taxes disappear within a decade.
FBI's plans become an unreasonable burden after it's too late to fix. The court might realize this in time to stop it.
On the post: Spies In Denial: GCHQ Boss Says Snowden Didn't Kick Off Debate Over Surveillance
The bible actually mentions multiple heavens…
four centuries you can expect common phrases and wording
to reflect that influence.
On the post: Snowden Docs Show GCHQ, MI5 To Be All Haystack, No Needle
He chose to hand it all over to responsible and independent
journalists in order to prevent your imaginary dump.
Since then they have been dripping it out bit by bit and
only after careful analysis to prevent potential harm.
On the post: 40 Years Ago, The CIA's Top Lawyer Said Bringing Espionage Charges Against Leakers Was Useless
but the current administration [and that of the Bush-Cheney
co-presidency] have reverted to misuse of the Espionage Act.
On the post: 40 Years Ago, The CIA's Top Lawyer Said Bringing Espionage Charges Against Leakers Was Useless
Ellberg did exactly that. From office safe to briefcase to
Xerox machine back to briefcase back to office safe, over
and over for many days and thousands of pages.
This case is what led directly to the GC's view.
Nixon tried to prosecute under the Espionage Act and failed
for the reason the GC expressed in his views after witnessing
the whole debacle firsthand.
On the post: NSA Emails Provide Little Insight Into Snowden's Pre-Leak Concerns, But Speak Volumes About Agency's Internal Controls
Instead of reading between the lines, lets see what they actually said:
NSA General Counsel advises that all traces of Snowden's
lawful emails to his office be wiped from all systems so
FOIA requests can be relied upon to back up his story by
finding none of them. [We can presume he has already
purged his own office systems and locked some of them
away as potential evidence against Snowden.]
Kemp and Moultrie reply that they cannot guarantee whether
traces remain in the unprofessional messes under their control.
On the post: AT&T's Broadband Caps Go Live This Week And Are The Opening Salvo In An All-Out War On Cord Cutters
If they're using DirecTV to mess with people's bills…
caused the feds to split Bell up in the first place.
On the post: Sony Thinks It Can Charge An 'Administrative Fee' For Fair Use
This is a criminal offense.
Sony has just committed one count of extortion for each one.
On the post: Dallas Buyers Club Demands Accused Pirate Take Polygraph, Asks For Judgment When He Agrees Anyway
It depends on where you are.
On the post: Court Denies Immunity To Law Enforcement Officer Who Arrested Crew Sent To Clean Out His Foreclosed House
incriminated themselves by going along with his crime?
Extremely unlikely, and even less likely to stand up in court.
On the post: Court Denies Immunity To Law Enforcement Officer Who Arrested Crew Sent To Clean Out His Foreclosed House
On the post: Guy Who Didn't Invent Email Sues Gawker For Pointing Out He Didn't Invent Email
On the post: New Strategy For Pro-Clinton SuperPAC: Argue With Everyone On Social Media
If these trolls are working for pay…
So much for that loophole. ;]
On the post: DailyDirt: Old, Old Wine, Goes To My Head...
but external pressure raises internal pressure by tightening
a barrel and reducing normal outgassing.
With bottles the cork is pushed in until pressure equalizes,
which is not far due to the small air space; but creates a
large amount of additional pressure.
So, pressure applies to both types of container.
Reduced temperatures at depth may be a factor but is probably
less significant than pressure; the unique factor.
On the post: DailyDirt: Old, Old Wine, Goes To My Head...
Hmmm…
…after all, the water is being kept out by the containers…
On the post: California Lawmakers Manage To Turn Encrypted Phone Ban Legislation Into Encryption Backdoor Legislation
These cases don't come up often enough to cause more than a
few cents cost per year for each phone sold that year.
Any phone manufacturer could absorb it as a minor cost.
That makes it no more than a token gesture for publicity.
On the post: AT&T Tries To Claim That Charging Users More For Privacy Is A 'Discount'
On the post: Apple Might Be Forced To Reveal & Share iPhone Unlocking Code Widely
In this case the court specifically ordered that just the
one module be replaced. That module, designed for just the
one function and that being on a cell phone, is very small.
That makes it impossible to add sophisticated search-replace
code which alters time stamps on files and also internal
IOS logs and filesystem structures sufficiently well enough
to fool forensics investigators on both sides of the case.
Don't forget that this part of the job is for Apple alone.
The other logs I mentioned are not those of IOS, but of the
technical staff and investigators involved in all stages of
the procedure, and most of those will be written by Apple
staff who have sole and uninterrupted custody of both their
logs and the source code of the proposed tool. Apple can't
be elbowed out of the way and not all FBI agents, techs and
officials can be compromised at the same time; so yes, the
combined logs and testimony of all involved on both sides
of the case does effectively make shenanigans a no-go.
On the post: How Apple Could Lose By Winning: The DOJ's Next Move Could Be Worse
unprofitable altogether. Trust is too much a central part
of the market to be compromised in this way.
People stop buying American.
American corporations emigrate.
Trillions in taxes disappear within a decade.
FBI's plans become an unreasonable burden after it's too
late to fix. The court might realize this in time to stop it.
On the post: What Should We Do About Linking To Sites That Block People Using Ad Blockers?
and fair-use-sized excerpts with attribution if you can't.
On the post: Apple Might Be Forced To Reveal & Share iPhone Unlocking Code Widely
Next >>