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- cross-posted to:
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The French government is considering a law that would require web browsers – like Mozilla’s Firefox – to block websites chosen by the government.
The French government is considering a law that would require web browsers – like Mozilla’s Firefox – to block websites chosen by the government.
Essentially the EU does.
I’m not sure the rest of the world knows about the plans to make backdoors in encrypted communication mandatory, i. e. outlawing any form of effective encryption. They say it’s against crime but I strongly believe it is mainly about total surveillance, maybe a little bit for censorship.
The US keeps trying that, but at least so far it has failed.
There are almost certainly more backdoors than we know of publicly.
Sure, but it’s not a law on the books, that’s my point. What the NSA, FBI, or CIA do is a completely separate matter.
The Patriot Act is a law
AFAIK, the Patriot Act does not forbid closing backdoors. I know there are export restrictions on certain types of encryption (not sure if that’s part of it, or a separate law), but it doesn’t prevent me or a company from encrypting data at rest or in transit, or preventing law enforcement from extracting data without a warrant.
It violates a ton of individual freedoms, but requiring backdoors is not one of them. It does pressure agencies to find or create backdoors, but it doesn’t obligate companies to create them AFAIK.
Unless I’m missing something, in which case please let me know. It was a big bill, and it has been largely reauthorized and somewhat amended since original passage.
They don’t need backdoors because privacy is not a right for USA citizens. If they want to check your activity the can do it in any moment without issues
Privacy is a right in some meanings of the word, such as the fourth amendment that protects against unreasonable searches and seizures. For example, the police cannot enter your house without a warrant except for a few very specific circumstances, such as:
And this isn’t just real property, but anything that could be considered private property. They cannot search your phone without a warrant or permission, they cannot search your person without at least detaining you (which requires reasonable suspicion, and I think they can only look for weapons unless they arrest you), etc.
So there absolutely is a right to privacy in the US.
That said, there are circumstances where you have no expectation of privacy, such as:
The Internet is essentially treated as a public place (as it should), so the way to maintain privacy is to encrypt your traffic end to end. However, the other end of that traffic can always choose to disclose the data they have to authorities, so someone like Meta or Microsoft could decide to hand over access to data to law enforcement willingly. If the company doesn’t offer it willingly, law enforcement needs to get a warrant, just like any other search of private property, and until then, they can only sniff packets that they have access to (i.e. transfers to another service that has granted access).
When people talk about privacy in the US, they’re not talking about restrictions on government, because those laws are already in place and well established with legal precedent. What they’re talking about is an obligation for certain types of online services to not disclose personal information and to dispose of it at the client’s request. This goes under the assumption that you still own content you have submitted, which gets into IP law and, at the current time, terms of use at each entity.
In summary, the US recognizes a negative right to privacy, but it does not recognize or enforce a positive right to privacy. So we have two solutions to solve the problem of privacy, both of which have downsides that I’m not going to get into here:
Perhaps we need a bit of both, but to say the US has no right to privacy completely misrepresents the situation.
The patriot act fixed that