Tag: Superdickery

How The State Makes Us Less Secure Part MLVI

Statists often claim that the State is necessary for the common defense. If this were the case I would expect it to do what it can to make everybody safer. Instead it does the opposite. In its pursuit of power the State continues to take actions that make everybody under its rule less safe.

The latest chapter in this ongoing saga revolves around the iPhone of Syed Farook. After trying to get a court to force Apple to write a custom firmware for Farook’s iPhone that would allow the Federal Bureau of Investigations (FBI) to brute force the passcode, the agency postponed the hearing because it claimed to have found another method to get the data it wants. That method appears to be an exploit of some sort but the Justice Department has classified the matter so we may never know:

A new method to crack open locked iPhones is so promising that US government officials have classified it, the Guardian has learned.

The Justice Department made headlines on Monday when it postponed a federal court hearing in California. It had been due to confront Apple over an order that would have forced it to write software that would make it easier for investigators to guess the passcode for an iPhone used by San Bernardino gunman Syed Farook.

The government now says it may have figured out a way to get into the phone without Apple’s help. But it wants that discovery to remain secret, in an effort to prevent criminals, security researchers and even Apple itself from reengineering smartphones so that the tactic would no longer work.

By classifying this method the Justice Department is putting, at minimum, every iPhone 5C user running the same firmware as Farook’s phone at risk. But the exploit likely reaches further and may even put every user of every iOS device at risk.

Since Farook’s iPhone is in the State’s possession there is no risk of its firmware being upgraded. That being the case, there’s no reason for the Justice Department not to disclose the vulnerability its exploiting. Even if the exploit is disclosed the agency will still be able to use it to gain access to the data on Farook’s phone (assuming the exploit works as implied). But disclosing it would allow Apple to patch it so it couldn’t be used against the millions of innocent people using iOS devices.

There is a conflict of interest inherent in statism. The State is supposed to provide for the common defense of those within its territory. At the same time it’s charged with investigating crimes and dispensing justice. In order to fulfill the latter goal it must be able to gain access to whatever information it deems pertinent to an investigation. Ensuring that access is available conflicts with providing for a common defense since an effective defense against foreign aggressors, especially as it relates to protecting data, is also an effective defense against the State.

Let’s Talk About Privacy Rights

It was bound to happen sooner or later. The Republican lawmakers’ obsession with bathrooms has made its way to Minnesota. Senators Scott Newman, Dan Hall, Dave Thompson, Michelle Benson, and Paul Gazelka introduced a bill to mandate discrimination against transgender individuals:

Republicans in the Minnesota Senate introduced a bill on Friday that would block businesses and other employers from providing gender-neutral restrooms or from enacting policies that allow transgender employees to use appropriate restrooms. Senate File 3002 amends the 1993 Minnesota Human Rights Act — the nation’s first nondiscrimination law to include gender identity.

The bill starts with a specious definition of “sex.” It states, “A person’s sex is either male or female as biologically defined.” The bill does not mention people who fall outside the male-female binary such as those who are intersex, nor those whose sex designations have been legally changed under Minnesota law.

Why do these particular lawmakers feel qualified to define sex? Hell if I know. They probably believe democracy carries some kind of magical power that grants otherwise unremarkable individuals divine knowledge. Either way, their delusions of grandeur are only one absurdity amongst many in this case. Another absurdity is the justification given in the bill for its existence:

No claim of nontraditional identity or “sexual orientation” may override another person’s right of privacy based on biological sex in such facilities as restrooms, locker rooms, dressing rooms, and other similar places, which shall remain reserved for males or females as they are biologically defined.

Emphasis mine. Let’s discuss what a right to privacy is. A right, as it pertains to legal matters, is something that cannot be prohibited by the government. When somebody says you have a right to free speech they mean the government cannot prohibit you from saying something. When somebody says you have a right to a jury trail they mean the government cannot bar you from having a jury trail when it has accused you of a crime. When somebody says you have a right to privacy they mean the government cannot violate your privacy.

A right to privacy in a restroom, lock room, dressing room, or other similar facility means the government cannot surveil you in those facilities. That’s it. Since this bill has nothing to do with government surveillance in these facilities it also as no business arguing that its preserving a right to privacy.

In fact this bill would be a violation of privacy rights. How can a bill restricting what bathrooms transgender individuals can use be enforced? First, the enforcers have to identify transgender individuals. That would require looking through every individuals’ medical records. Second, the enforcers must surveil bathrooms so it can catch anybody violating the restriction. Since victimless violations of the law such at this one have no injured parties the only way to enforce them is through surveillance. That necessarily requires the government to violate everybody’s privacy.

Property Taxes Encourage Gentrification

Property taxes are often used by municipal governments to raise funds for the services they’ve monopolized. These services include paychecks for municipal employees, which often includes the very people who voted to implement the current property tax rates.

Because property taxes are used to fund municipal services they’re also a popular topic for political do-gooders. Whenever a perceived blight on the city arises; whether it be homelessness, crime, or environmental issues; the do-gooders demand the property taxes be raised to fund programs to alleviate the blight. Oftentimes these do-gooders are also the same people who complain about gentrification. As politics tends to do, this creates a vicious cycle that leads people to be at odds with themselves.

The very property taxes that fund municipal services are also an incentive for municipal governments to gentrify entire neighborhoods. Gentrification, after all, leads to an increase in property taxes since older, lower-valued properties are replaced with newer, higher-valued properties. Together a few home built in the 1940s tend to have a much lower property value than a single high-density apartment complex. Since property taxes are almost always tied to the value of a property a municipal government can make more money off of the high-density apartment complex than the old homes.

As the number of municipal services increases the number of city employees also increases. That means a larger and larger block of municipal voters are dependent on the rate of property taxes. Furthermore, municipal employees, like every other kind of employee, want to see their pay increase over time. Since politicians tend to want to stay in office instead of finding meaningful employment they have a vested interest in pandering to the majority of voters. How can members of a city council promise municipal employees that their jobs won’t go away and that they’ll get their desired raises? By raising property taxes, of course. As an added benefit the increase in property taxes allows the members of the city council to increase their pay as well.

I’m sure you can see the vicious cycle that forms from this. Wanting to increase the amount of money brought in by property taxes, the municipal governments continue to implement programs that encourage lower-valued property be replaced by higher-valued properties. As these programs fulfill their intended goal the number of properties affordable by poorer individuals continues to decrease. In effect property taxes, instead of being a form of relief for the poor, create a cycle that incentivizes municipal governments to push the poor out of the city.

Giving Children A Taste Of The Police State While They’re Young

It’s true, the United States is a police state. But even Uncle Sam has nothing compared to his dear old mum. While the United States is still fighting terror by having the Federal Bureau of Investigations (FBI) radicalize adults with lukewarm intelligence the United Kingdom (UK) has already moved on from such trivial matters and is now dealing with the threat of radicalized four year-olds:

Staff at a nursery school threatened to refer a four-year-old boy to a de-radicalisation programme after he drew pictures which they thought showed his father making a “cooker bomb”, according to the child’s mother.

The child’s drawing actually depicted his father cutting a cucumber with a knife, his mother says, but staff misheard his explanation and thought it referred to a type of improvised explosive device.

On Friday the boy’s mother showed the Guardian video footage of her son in which he is playing happily on the floor of his home, and is shown a cucumber and asked what it is. “A cuker-bum,” he says, before going back to his toys.

The footage was taken by the mother at the family home in Luton after the nursery discussed referring the child to a de-radicalisation programme out of concerns that pictures drawn by him referred to explosions and an improvised explosive device known as a “cooker bomb”.

How brainwashed by propaganda does a nursery school staff have to be to assume a four year-old is saying “cooker bomb” when they say “cuker-bum”? At that age children are still working out how to pronounce words. Hell, at that age I will still trying to figure out why “very” wasn’t pronounced “berry”. The fact that these mouth breathers are so fucking terrified that they immediately assume a child failing to pronounce a word correctly is related to a terror plot should disqualify them from working with children.

What was especially egregious was the nursery school staff’s statement to the mother:

In between the odd tear and laugh of disbelief, the mother spoke about the experience, which she said had left her shaken and upset, and involved her being told at one point: “Your children might not be taken off you … you can prove yourself innocent.”

Emphasis mine. Prove her innocence? That’s not how things are supposed to work. The fact that the nursery school staff believes a person must prove their innocence instead of the State proving guilt demonstrates just how fucked the UK is.

One of the biggest problems facing The United States and many European countries is the rampant number of quislings. You know the type. The jackass neighbor who calls the police because you have a fire pit going in your backyard and they know you didn’t get a permit. The car mechanic who calls the police because they found a dime bag of weed in your car while they were fixing it. The nosy neighborhood watcher who calls in your car because it was parked on the street for over 24 hours. Because of these worthless busybodies the State is well informed of its laws being broken and can enforce them. Without them the State would have a much harder time enforcing its laws because it wouldn’t know about the violations.

It Was Snowden All Along

In 2013 the Federal Bureau of Investigations (FBI) demanded Ladar Levison hand over the TLS keys to his Lavabit service. He did comply, by providing the key printed out in small text, but also shutdown his service instead of letting the key be used to snoop on his customers. The FBI threw a hissy fit over this and even threatened to kidnap Levison for shutting down his business. But one question that always remained was who the FBI was after. Everybody knew it was Edward Snowden but there was no hard evidence… until now.

Court documents related to the Lavabit case have been released. The documents are naturally heavily redacted but the censors missed a page:

In court papers related to the Lavabit controversy, the target of the investigation was redacted, but it was widely assumed to be Edward Snowden. He was known to have used the service, and the charges against the target were espionage and theft of government property, the same charges Snowden faced.

Now, what was widely assumed has been confirmed. In documents posted to the federal PACER database this month, the government accidentally left his e-mail, “Ed_snowden@lavabit.com,” unredacted for all to see. The error was noted by the website Cryptome earlier this week, and Wired covered it yesterday.

This revelation didn’t tell us anything we didn’t know before but it’s nice to have hard evidence in hand. Now we know with certainty that the FBI completely destroyed a business as retaliation for having Snowden as a customer. I say this was retaliatory because the court documents [PDF] clearly show that Levison was willing to cooperate with the FBI by surveilling the single target of the order. However, the FBI decided it would accept nothing less than the surrender of Lavabit’s TLS key.

Had the FBI been reasonable it would have had its tap. Instead its agents decided to be unreasonable fuckheads, which forced Levison to shutdown his business entirely instead of putting thousands of innocent users at risk. This case is also a lesson in never cooperating with terrorists. Levison offered to cooperate and still had his business destroyed. When the FBI comes to your door you should refuse to cooperate in any way. Cooperating will not save you. The only difference between cooperating and refusing to cooperate is that in the case of the latter your business will be shutdown before innocent users are put at risk.

Law Enforcers Caught Abusing A Databases Again

I have a natural aversion to government databases. This may seem ironic coming from a man whose name probably appears in dozens of them but that’s beside the point. Databases for sex offenders, felons, known gang members, and gun owners are always sold as being valuable tools for protecting the public. What is often ignored by proponents of such databases is how easily they can be abused by law enforcers. Denver law enforcers are the latest in a long line of law enforcers busted for abusing government databases for personal gain:

Denver Police officers caught using a confidential database for personal reasons should face stiffer penalties, the city’s independent monitor argued in a report released Tuesday.

The report, which reviewed both the Denver Police and the Denver Sheriff Department’s performance for 2015, found several instances of officers abusing both the National Crime Information Center (NCIC) and it’s state counterpart, the Colorado Crime Information Center (CCIC). Independent Monitor Nicholas Mitchell said in the report that he believes the penalties for those caught aren’t stiff enough to deter further abuse.

[…]

One officer, for example, was found to have used the database to assist an acquaintance who was going through a divorce determine the identity of the man he believed his wife was having an affair with. Then it spiraled out of control, possibly enabling violence from the vengeful ex-husband:

Shortly thereafter, the ex-husband began driving by the man’s house and threatening him. The ex-husband also found and contacted the man’s wife to tell her that the man was having an affair. The ex-husband told the wife that he knew their home address, showed her a picture of the man’s car, and asked her questions about the man to find out what gym he worked out at, what shift he worked, and where he spent his leisure time.

[…]

In another instance, a Denver Police officer who was at a hospital investigating a reported sexual assault made “small talk” with a female employee at the hospital who wasn’t involved in the investigation. The report continues:

At the end of her shift, the female employee returned home and found a voicemail message from the officer on her personal phone. She had not given the officer her phone number, and was upset that he had obtained it (she assumed) by improperly using law enforcement computer systems.

Note the lack of punishments received by officers caught abusing these databases. The first mentioned infraction resulted in a written reprimand and the second resulted in a fine of two days pay in addition to a written reprimand.

There are two major problems here. First, the existence of these databases. Second, the almost complete absence of oversight. These databases hold a tremendous amount of personal information on individuals. That information isn’t anonymized in any way so any officer can bring up the home address, phone number, and other personal information of those entered into the database. No oversight is apparently needed as multiple officers have been able to access the database for unauthorized uses. And no apparent interest in establishing oversight seems to exist since those finally caught abusing the database received no real punishment.

Databases containing personal information are dangerous to begin with. But when you add a complete lack of accountability for those accessing the databases, especially when they’re almost entirely shielded from personal liability, you have a recipe for disaster. Never let yourself be lulled into believing establishing a government database is necessary or in any way a good thing.

Threat Posed By Personally Owned Drones Overblown, Water Is Wet

Last year the Federal Aviation Administration (FAA) announced it would be requiring all drone owners to register so their personal information, including home address, could be published for all to see. This requirement was justified under the claim that personally owned drones posed a major threat to other forms of aviation traffic. A lot of people, including myself, called bullshit on that and now research exists backing up our accusation:

That research, shown in a study just published by George Mason University’s Mercatus Center, was based on damage to aircraft from another sort of small, uncrewed aircraft—flying birds.

Much of the fear around drones hitting aircraft has been driven by FAA reports from pilots who have claimed near-misses with small drones. But an investigation last year by the Academy of Model Aeronautics (AMA) found that of the 764 near-miss incidents with drones recorded by the FAA, only 27 of them—3.5 percent—actually were near misses. The rest were just sightings, and those were often sightings that took place when drone operators were following the rules. The FAA also overcounted, including reports where the pilot said explicitly that there was no near miss and some where the flying object wasn’t identified, leading the AMA to accuse the FAA of exaggerating the threat in order to get support for its anti-drone agenda.

So for starters all the “near misses” we’ve read about in the media weren’t near misses. A vast majority of them were mere sightings. But the FAA’s bullshit doesn’t stop there:

There hasn’t yet been an incident in which a drone has struck an aircraft. But bird strikes (and bat strikes) do happen, and there’s a rich data set to work from to understand how often they do. Researchers Eli Dourado and Samuel Hammond reasoned that the chances of a bird strike remain much higher than that of an aircraft hitting a drone because “contrary to sensational media headlines, the skies are crowded not by drones but by fowl.”

The researchers studied 25 years of FAA “wildlife strike” data, reports voluntarily filed by pilots after colliding with birds. The data included over 160,000 reported incidents of collisions with birds, of which only 14,314 caused damage—and 80 percent of that number came from collisions with large or medium-sized birds such as geese and ducks.

Emphasis mine. No drones have struck a plane yet, which means the threat of drones to already existing aviation traffic is still entirely unrealized. Hell, this combined with the fact most reported near misses weren’t near misses, we should actually take a moment to recognize how much of a nonissue personally owned drones have been so far. Drone operators by and large have been very well behaved.

The data on wildlife strikes is also valuable since it indicates that when a drone finally does strike a plane there probably won’t be much damage to the plane. Most personally owned drones are more fragile than the large or medium sized birds that managed to cause damage when colliding with a plane.

What we have here is another example of a government money grab disguised as a crisis. With the FAA’s new rules in place the agency can extract $5 from every registered drone operator and up to $250,000 from operating a drone without being registered. Furthermore, the FAA can up the fees and fines as it sees fit.

Obama To South By Southwest: Fuck Your Privacy

I normally don’t follow South by Southwest too much but when Obama takes the stage to talk about privacy I can’t help but take note. Unfortunately his speech wasn’t surprising. It could be summed up as fuck your privacy:

President Barack Obama called on the tech community to build a safe encryption key to assist in law enforcement investigations, saying that if it failed, it could one day face a more draconian solution passed by a Congress that is less sympathetic to its worldview. The president said he could not comment on the FBI’s current fight with Apple over its demand that the company build software to unlock data on an iPhone used by one of the alleged San Bernardino shooters. But he spoke broadly about the need to balance privacy and security, and warned that absolutist views on both sides are dangerous.

Balance, in the case of privacy and security, means people like you and me get shitty crypto that the government, and anybody else with the master key, can break while the government gets to enjoy crypto we can’t break.

Obama warned against an absolutist view but crypto belongs to one of those very few things in the universe that is either black or white. There is no gray. Crypto is either effective, that is to say it has no known methods of attack that are faster than brute force, or it is ineffective. I’ve written extensively on this blog as to why this is.

The biggest problem with a master key is that anybody who holds that key can decrypt any data encrypted with a scheme that key can work for. If every iPhone was setup to decrypt the data with the government’s master key it would only be a matter of time, probably an alarmingly short period of time, before the key was leaked to the Internet and everybody in the world had the ability to decrypt any iPhone at will.

So we need an absolutist view because it’s the only view that offers any amount of security. But Obama heads one of the largest surveillance states in the world so it’s no surprise that he holds a total disregard for the security of us little people.

The Most Transparent Government In History

Nearly a decade ago Obama was campaigning on a platform of, amongst other things, transparency. After 9/11 the Bush administration went full Orwell (you never go full Orwell) and people were demanding change. Obama promised to deliver that change. But history repeated itself as it so often does. Like every other politician before him, Obama failed to deliver on most of the promises he made. He not only failed to deliver on his promises but he actually expanding what Bush was doing.

Decades will likely pass before we learn the full extent of the current administration’s expansions to the surveillance state. However, bits and pieces are already leaking out. A recent Freedom of Information Act (FOIA) request produced a wealth of information on how the current administration has been working to undermine FOIA requests:

The Obama administration has long called itself the most transparent administration in history. But newly released Department of Justice (DOJ) documents show that the White House has actually worked aggressively behind the scenes to scuttle congressional reforms designed to give the public better access to information possessed by the federal government.

The documents were obtained by the Freedom of the Press Foundation, a nonprofit organization that supports journalism in the public interest, which in turn shared them exclusively with VICE News. They were obtained using the Freedom of Information Act (FOIA) — the same law Congress was attempting to reform. The group sued the DOJ last December after its FOIA requests went unanswered for more than a year.

The documents confirm longstanding suspicions about the administration’s meddling, and lay bare for the first time how it worked to undermine FOIA reform bills that received overwhelming bipartisan support and were unanimously passed by both the House and Senate in 2014 — yet were never put up for a final vote.

It’s a lengthy article detailing several different ploys made by Obama’s administration in its quest to establish the most opaque government in history.

While the FOIA has revealed a great deal of the State’s dirty laundry it has always been a limited tool. When it was written a number of exemptions were included. Basically, at the judgement of the State, FOIA requests can be denied under several justifications. A FOIA request only reveals what the State is willing to reveal. However, the higher ups in the State have recognized that even with the number of exemptions put in place a lot of embarrassing information is still becoming public. That being the case, it’s not surprising to see the current administration working to add further restrictions on top of a bill that already includes numerous restrictions.

There is a lesson to be learned here. No matter what promises a politician makes up front they will almost invariably go unfulfilled if they win an election. Power seems terrible until you have it. Before becoming president I’m better Obama was being sincere in many of his promises. But when he gained the power he likely realized how good it felt. This is also why reforming the system through the voting process is doomed to fail. Even the most honest individuals can be corrupted with enough power.

Dianne Feinstein Planning To Propose Legislation To Enslave Tech Workers

Dianne Feinstein may be the Devil incarnate. Whenever there’s a glimmer of freedom slipping through the statists’ fingers she’s there to tighten the grip. Seeing Apple being allowed to fight the Federal Bureau of Investigation’s (FBI) demand to write a compromised version of iOS, Feinstein is rushing in with legislation that will punish disobedient companies:

WASHINGTON (Reuters) – Technology companies could face civil penalties for refusing to comply with court orders to help investigators access encrypted data under draft legislation nearing completion in the U.S. Senate, sources familiar with continuing discussions told Reuters on Wednesday.

The long-awaited legislation from Senators Richard Burr and Dianne Feinstein, the top Republican and Democrat on the Senate Intelligence Committee, may be introduced as soon as next week, one of the sources said.

Let’s call this proposal what it is: slavery. Under this legislation device manufacturers would be required to either perform labor when commanded or face severe punishment.

There should never be a circumstance under which you are forced to perform labor against your will. If law enforcers want to unlock a device and the manufacturer doesn’t want to help then they should be required to either do it themselves or hire somebody who wants to do it. But that’s a basic market principle and statism is the antithesis of the market.