As Law To Backdoor Encryption Stalls, Congress Tries Backup Stupid Plan To Backdoor Encryption
from the bad-ideas-all-around dept
Late last year, Senator Richard Burr, who is painfully wrong on encryption, announced that he and Senator Dianne Feinstein were working on new legislation that would mandate backdoors to encryption. Most people recognized that such a bill had little-to-no chance of actually passing Congress, as there are at least enough folks up on Capitol Hill who realize that such a law is incredibly stupid. Given that, it’s little surprise that reporter Jenna McLaughlin from The Intercept is reporting that such legislation “has been delayed.”
But, fear not, foes of strong encryption, because there’s always a plan B. Late last year, we also noted that Rep. Michael McCaul, the head of the House Homeland Security Committee, was going to propose legislation that would create a “commission” bringing tech companies and law enforcement together to work on a way to undermine encryption. While, at the very least, he noted concerns about backdooring encryption (and later noted how backdoors could weaken everyone’s security), it hasn’t stopped him from moving forward with this commission, and making some fairly ridiculously ignorant statements about all of this.
McCaul, together with Senator Mark Warner (who should know better), has announced that they’re moving forward with legislation to set up this commission, and still ridiculously claims that “going dark” is a real problem that needs to be “solved.”
McCaul said the group would be given ?a tight time frame? to develop ?recommendations to the Congress as to what can be done to solve this urgent, and I think very challenging threat to our national security.?
But, as if to underline how little McCaul really seems to understand about the issue, during a press conference about this, he claimed that the “going dark debate” was started by Ed Snowden’s use of encryption, leading to a rather sarcastic reply from Snowden himself:
Chairman McCaul on "going dark": "It?s ironic that Edward @Snowden really sort of created all this when he started using encryption."
— Kaveh Waddell (@kavehewaddell) January 19, 2016
Other things Chairman McCaul thinks I created: famine, climate change, bieber. https://t.co/eJ8JWyDy1K
— Edward Snowden (@Snowden) January 19, 2016
But how many times does it need to be said before law enforcement and politicians understand the rather basic facts: you can undermine encryption, but it makes everyone significantly less safe. There is no way to build technology that says “only the pure of heart may use this technology, while ISIS may not.” The second you try to do that, all you end up doing is opening up serious vulnerabilities that will put everyone at risk.
Meanwhile, another report on this planned commission claims that it will “be tasked with developing a solution that doesn?t require a ‘backdoor’ into encrypted communications.” That’s obviously better than being tasked with backdooring encryption… but what does that even mean? The whole setup of the discussion and the debate is falsely framed around the idea that strong encryption is a “problem” that needs to be “solved.” Saying “but we don’t mean backdoors,” feels like a semantic game, such as James Comey’s ridiculous attempt a few months back, where he insisted that the FBI wants “front doors” instead of backdoors.
If Rep. McCaul and Sen Warner were serious about “Homeland Security,” they’d both get on the bandwagon supporting strong encryption because that, and that alone, is the best way to protect computer security for Americans.
Filed Under: backdoors, commission, congress, dianne feinstein, ed snowden, encryption, going dark, mark warner, michael mccaul, richard burr
Comments on “As Law To Backdoor Encryption Stalls, Congress Tries Backup Stupid Plan To Backdoor Encryption”
Most people recognized that such a bill had little-to-no chance of actually passing Congress, as there are at least enough folks up on Capitol Hill who realize that such a law is painfully stupid.
I am seriously wondering, what makes you says this? There are more than enough painfully stupid laws being enacted that you might want to retract that statement!
Never over/underestimate how stupid anything is, because its the trail of money that determines things… not their sanity levels! Have you even looked at politics at any single point since 2000? I accuse you of living under a rock sir!
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…There are more than enough painfully stupid laws being enacted…
Many of which are part of gigantic “omni-bus” bills that have to be passed/failed all-or-nothing, and the President has to sign/veto all-or-nothing.
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This is why people need to stop treating these overly elaborate government shutdowns as terrible things.
This omnibus bill is going to cause more problems than a government shutdown could ever cause.
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Since 2000?
As if this has not been going on like forevar.
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I am seriously wondering, what makes you says this? There are more than enough painfully stupid laws being enacted that you might want to retract that statement!
True, but over the summer last year, there were some Congressional hearings on this issue, and it was amazing to see that almost every Congressional Rep pointed out how dumb it would be to backdoor encryption.
Fort Knox could do with some more windows.
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Yeah… It’s too “dark” in there.
Going Dark is not a problem, and it does not need to be solved.
What Going Dark is, is the new buzzword that some government officials are throwing around to bring new life to the increasingly stale “terrorism” phrase they’ve used to drive the Surveillance State.
We’ve got a bigger problem than ‘going dark’. If Snowden only started using encryption during his whistleblowing, then he wasn’t using it with his normal NSA duties. That means the NSA might not have the most robust of security policies.
These stupid Republicans have no care how Democracy is supposed to work. If it doesn’t get voted in, try the slimy way is the Republican way. Damn the democratic process.
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So much fail in this post.
We are a republic, not a democracy. The ‘democratic’ process is a meaningless term. The ‘stupid’ democrats are no better.
Both parties have had their chance to clean things up… neither one does it. Why can you not see that both parties are the same, they just go about accomplishing their tyranny a little bit different from each other.
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It’s a republic run through representative democracy. Republic just means, “Not a monarchy.”
“We are a republic, not a democracy,” is just a talk-radio host smarmy pun masquerading as something clever. We’re both a republic and a democracy, but the democracy is the important bit.
This isn’t to undermine your second point about both parties being essentially the same.
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No two things are exactly the same.
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James Madison, under his “Publius” byline, was a talk-radio host? Who knew?
Federalist #10: “The Same Subject Continued The Union as a Safeguard Against Domestic Faction and Insurrection”, New York Packet, Nov 23, 1787
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And on the Anti-Federalist side, “Brutus” is believed to have been Robert Yates.
“To the People of the State of New-York”, Oct 18, 1787
Robert Yates, talk-show radio host? Who knew?
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Letter from John Adams to Roger Sherman, 17 July 1789
Letter from John Adams to Roger Sherman, 18 July 1789
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First attempt:
Feinstein, Dianne – Democrat
Burr, Richard – Republican
Second attempt:
McCaul, Michael – Republican
Warner, Mark – Democrat
This is not an R vs D issue, both have plenty of members that care nothing for the rights of the public and are more than willing to undermine public safety if that’s what it takes to protect the government’s ability to engage in mass spying.
Maybe I'm being silly, but ..
OK, I may be a little out of touch with reality, but don’t the “bad guys” have access to compilers and IDEs? Can’t they just write their own encryption and use that? Sure, the U.S. may mandate backdoors, but if they do, won’t the “bad guys” just use someone else’s encryption or write their own?
Re: Maybe I'm being silly, but ..
Why bother? That takes a lot of work and is hard to deploy successfully. You can just use simple codes without bothering to use encryption at all.
If you know that the phrase, “We’re ordering a brown desk with twelve brass fittings,” means to go to place A and do thing B at time C, and there is no possible way for anyone else to know what those things are, then that is as unbreakable as you can get. It is possible to make coded messages that are able to pass through translation and be distributed broadly in the clear.
Encryption is merely a convenience for the bad guys, it is not essential in the slightest. It’s essential for the good guys. You can’t use a coded message to communicate securely with your bank or a retailer; you have to use a cipher secured through algorithmic encryption.
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I highlighted the hard part. I’m not a terrorist and don’t play one on TV, but I’d bet that keeping the codes secure is harder than it sounds. Not so hard that it isn’t worth doing of course, but I would think once you have more than two people needing to use the code it gets harder to manage securely.
Re: Maybe I'm being silly, but ..
“but don’t the ‘bad guys’ have access to compilers and IDEs?”
No. They’re too stupid to know how to use them; that’s how we know they’re bad. Only the good guys can use compilers and interpreters; that’s how we know they’re good.
Hey, that raises a good point: we need to add back doors to compilers/interpreters as well just in case the bad guys ever DO manage to go to class.
I think our government needs to have it’s own back door. We know they already have a back room.
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Can you imagine the outcry if we (The People) Demanded a window for that “Back room”?
I can just imagine future math courses if a stupid law like this makes any sort of headway.
Student: “Why do we have to show our work?”
Teacher: “To give it to the NSA in case you’re a terrorist.”
So…
…if only the Dark Side uses encryption, maybe that explains why they keep taking over the universe and the Light Side keeps getting subjugated and thus needs to rebel.
Again.
again, trust..
Key in the Stone
Does no one ever think outside the box around here?
All we gotta do is contact this guy Merlin who can put the golden key in a stone and inscribe on said stone “Whoso pulleth out this key from this stone, is pure of heart and entitled to decrypt all communications”
The only difficult part in this plan is finding the person pure of heard who can access the key.
Solves Nothing
Encryption backdoors solve nothing. Like satphones and cellular, like email – if the bad guys know the NSA is listening, they don’t use it. Mandating that, say iPhone and Android be breakable, simply means the bad guys will set use an app to scramble any important messages going in and out of the device.
(I can see a simple app – copy and paste gobbledygook from text message into app, enter password, and like mime decode, here’s your translation – plain-text which self-destructs in 5 minutes until you rerun the decrypt.)
While we’re at it, why don’t we just give a master key to all the congressional offices to some bank to keep in a safe deposit box for anyone with a warrant to make use of.
you can undermine encryption
Indeed, use unencrypted connections, it’s the same as backdoored ‘encryption’.
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Yep, came here to say the same. I disagree with the statement “you can undermine encryption”, because once it is undermined, it is no longer encryption.
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I disagree with the statement “you can undermine encryption”, because once it is undermined, it is no longer encryption.
Ugh, we already had that argument a couple of months ago…
I am paying you for this? I don’t think so, You’re Fired!