back to article FBI channels Kafka with new rules on slurping Americans' private data

The murky world of surveillance turned a little more Kafkaesque this week. The FBI has quietly changed the rules on how it uses data collected by the NSA under Section 702 of the Foreign Intelligence Surveillance Act. Section 702 has been used by the NSA to justify its PRISM program, which collects personal information and the …

  1. Anonymous Coward
    Anonymous Coward

    Trust the FBI, and the NSA!

    Hope for the best, expect the worst... at least you won't be unpleasantly surprised (just unpleasantly vindicated).

  2. Jeroen Braamhaar
    Big Brother

    To sum it up:

    "Your civil liberties have been suspended in order to garantuee them - but this decision has been made at a higher classification level than you are authorized for, Citizen. Now bend over."

    1. Dan Wilkie

      Re: To sum it up:

      Friend Computer wishes you to know that this information is Ultraviolet Clearance citizen. Only Mutant Commie Traitors would attempt to access this information without clearance. Report to processing.

  3. Herby

    Scott Mc Nealy was right...

    You have no privacy, get over it.

    Which is why encryption is so necessary (see another story about El Jefe Mr. O's blabbering).

  4. redpawn

    Secret Laws and Courts

    The constitution does not have provisions for secret laws and courts. Once you follow the White Rabbit of national security down its hole there are no assurances constitutional or otherwise that the government is "of the people, by the people and for the people." The rules of Wonderland expand to infinity.

    We are lost and without legal recourse.

    1. art guerrilla

      Re: Secret Laws and Courts

      "We are lost and without legal recourse."

      the immoral has been legalized; the moral made illegal...

      for the authoritarians in the studio audience: OUR public institutions were SUPPOSED to be set up so that they were not "TRUSTED", but had transparent oversight and public accountability; NOT secret crap on top of secret crap that we can't even tell you we do secret crap because, um, tourism ! ! ! ...or kiddie pron ! !! ...oh, i know, state sekrets ! ! !

      *that* is not small-dee democracy, *that* is totalitarianism of whatever flavor you want to sprinkle on top...

      what to do ? ? ?

      our 'wiser' brothers and sisters would have you 'vote harder' ! ! !

      *sheesh*

    2. HAL-9000
      Childcatcher

      Re: Secret Laws and Courts

      Welcome to the UK... We've had that for quite some time now.

  5. a_yank_lurker

    Tightened?

    Why doesn't the FBI actually publish the rules?

    1. Mark 85
      Black Helicopters

      Re: Tightened?

      Because by publishing the rules, the bad guys will know how to subvert and get around them. Since the bad guys don't play by the rules, guess who wins? That's theory at least.....

      1. Anonymous Coward
        Anonymous Coward

        Re: Tightened?

        "Because by publishing the rules, the bad guys will know how to subvert and get around them."

        Sounds much like an argument against open source software.

        Oh wait...

    2. Dan 55 Silver badge

      Re: Tightened?

      Because the educated layman might have a chance in hell of finding out they're completely ignoring them again...

    3. Anonymous Coward
      Anonymous Coward

      Re: Tightened?

      Why doesn't the FBI actually publish the rules?

      Because they are afraid of a revolution if they did?

      You people are supposed to have a written constitution, unfortunately with your current 'law makers' it doesn't appear to be worth the paper it is written on.

      1. Chris G

        Re: Tightened?

        Ivan, I think the paper is probably worth a lot more than the current modified, repealed and re-interpreted words that used to make up the constitution. Some of the Constitution was based on the Magna Carta, the only relevant part of which that is still on the law books is this;

        No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land.

        To no one will we sell, to no one deny or delay right or justice.

        Even that has been eroded and emasculated since Bliar and subsequently Dave, so don't count on any kind of right to privacy soon on either side of the pond.

        1. P. Lee

          Re: Tightened?

          >No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so,

          Unless he's a foreigner in which case he clearly doesn't qualify as Human.

          Also, if he is snitched on us to the people we rule. That makes him subhuman too.

  6. allthecoolshortnamesweretaken

    Once again, life imitates art. I do wonder what Kafka would have to say if he were here.

    1. Arthur the cat Silver badge

      I do wonder what Kafka would have to say if he were here.

      Oh. Fuck. (Or German equivalent.)

  7. Magani
    Black Helicopters

    Are you a betting person?

    "...it is possible that the rules governing the FBI's use of Section 702 data have actually been tightened, rather than loosened."

    It's also possible that I'll win Gold Lotto next week. I'd give the same odds on both.

  8. Anonymous Coward
    Anonymous Coward

    Kafka ?

    Isn't that the name of a system for the mass collection and processing of data with added persistence to ensure that nothing escapes the net?

  9. Anonymous Coward
    Anonymous Coward

    Reap what you sow

    When you can't trust the government, the only thing to do is treat them like any other criminal wanting to invade your privacy. That's why I applaud Apple's stand, and their further movement toward making it impossible for them to even be capable of doing what the FBI is asking in the future by preventing DFU mode software updates. I hope they also make it so the end user controls the encryption key for ALL iCloud data, not just the more sensitive stuff like passwords and health records as currently.

    If Apple makes themselves completely helpless to aid the government in searching your phone or iCloud data even in the presence of a valid court order this fight will be forced out in the open. No more false cloak of secrecy in the name of "national security" as with PRISM. Once destroyed, trust can never be regained.

    If the end result of this fight is that the government forces a backdoor for themselves via a law that US tech companies have no choice but to comply with, I sure hope Apple does it only for iPhones sold in the US. The US would have a hard time explaining to the rest of the world why they need a backdoor for phones sold in the UK or China and not expect backdoors left for those countries as well - and US tech companies would rightfully talk about the smoking ruin that would make the US economy if they were forced to sell such damaged products worldwide. If they make Apple sell bugged iPhones in the US you can bet I'll be having my next one shipped from overseas! And maybe send an email to the FBI Director with a picture of me unboxing my non-US phone with a picture of my middle finger included for good measure!

  10. Tom Chiverton 1

    "because such things must be kept secret for security"

    No, they really mustn't. This sounds like tacit agreement from El Reg disappointedly.

    1. Anonymous Coward
      Anonymous Coward

      That's something called "sarcasm".

  11. Frank N. Stein

    Oh Great. That's just great...

  12. onemark

    Would it not have been simpler for the FBI not to have mentioned the matter at all?

    PS: If I've missed something here, please tell me.

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