Author Archives: Michael Froomkin

Encryption: The Sky *IS* Falliing

The latest revelations about the NSA’s ability to undermine most encryption used online dwarf anything we have learned previously. What is worse, the NSA has worked to insert weaknesses into products — backdoors.

the National Security Agency and its UK counterpart GCHQ have broadly compromised the guarantees that internet companies have given consumers to reassure them that their communications, online banking and medical records would be indecipherable to criminals or governments.

The agencies, the documents reveal, have adopted a battery of methods in their systematic and ongoing assault on what they see as one of the biggest threats to their ability to access huge swathes of internet traffic – “the use of ubiquitous encryption across the internet”.

Those methods include covert measures to ensure NSA control over setting of international encryption standards, the use of supercomputers to break encryption with “brute force”, and – the most closely guarded secret of all – collaboration with technology companies and internet service providers themselves.

Through these covert partnerships, the agencies have inserted secret vulnerabilities – known as backdoors or trapdoors – into commercial encryption software.

It’s everything, everything that Cypherpunks ever muttered about over their beer.

This is the secret that likely explains why the Obama and Cameron administrations were willing to do almost anything to try to get Snowden, the reporters he leaked to, and the anyone who touched their data.

This is the nuclear winter of data security.

What do we do?

I used to say, we don’t really care if the NSA is reading our traffic, because if they are, the secret is so valuable they won’t waste it on anything but the most important national security matters. The Snowden revelations suggest that wasn’t completely right — there was some information sharing with civilian domestic law enforcement, although it was obfuscated in ways that undermined the constitutional guarantee of the right to confront witnesses against you. More importantly, the fact of the Snowden revelations mean that the cat is out of the bag, so the disincentive to use the information will be greatly reduced.

Bruce Schneier has given this some thought — he had an advance look at the documents — and he says that the IETF and other engineers need to re-engineer the internet to make it safer from surveillance. Meanwhile, there are things we can do individually.

For now, however, it is not hyperbole to say, as Schneier does, that “[b]y subverting the internet at every level to make it a vast, multi-layered and robust surveillance platform, the NSA has undermined a fundamental social contract.” It’s going to be tough, hard work to rebuild the Internet, and even harder work afterwards to rebuild trust in systems not to mention both public and private institutions.

Are we up to either job?

Posted in Cryptography | 13 Comments

How to Respond to an Unreasonable Copyright Cease and Desist Letter

Vermont attorney Andrew B. Delaney teaches a master class in responding to a really excessive copyright cease and desist letter. (URL fixed)

(Via ATL of all places.)

Previously:

Posted in Law: Copyright and DMCA, Law: Practice | 2 Comments

Bots Love Me

No, this is isn’t a commercial for We Robot 2014 — that comes in a week or two when we issue the Call for Papers.

I was just looking at my Akismet Stats. Although blog readership is down (but Twitter followership — of a feed that is pretty much all auto-tweets from this blog — are way up), there is one category where numbers are booming: spam. The year isn’t over yet, and I’ve had twice as many as last year — more than 348,000 spam messages through the end of August.

Of those messages, just eleven got through my two-stage filters: Askimet plus the WordPress Hashcash Extended plugin.

Meanwhile there were an average of about a hundred real comments per month; I think a grand total of maybe one or two got wrongly held for one reason or another.

Posted in Discourse.net | Comments Off on Bots Love Me

QOTD

Found on one of UMiami Law’s very civilized web pages:

“Perhaps the two most valuable and satisfactory products of American civilization are the librarian on the one hand and the cocktail in the other.”

– Louis Stanley Jast, Librarian

(I hope no one on the Board of Trustees reads my blog. They have enacted all sorts of rules about when University funds cannot be spent on Intoxicating Liquors and the like. Perhaps books are next?)

Posted in U.Miami | Comments Off on QOTD

I Look Forward to Reading This Paper

Robert Condlin, ‘Practice Ready Graduates’: A Millennialist Fantasy”. Abstract:

The sky is falling on legal education say the pundits, and preparing “practice ready” graduates is the best strategy for surviving the fallout. This is a millennialist version of the argument for clinical legal education that dominated discussion in the law schools in the 1960s and 1970s. The circumstances are different now, as are the people calling for reform, but the two movements are alike in one respect: both view skills instruction as legal education’s primary purpose. Everything else is a frolic and detour, and a fatal frolic and detour in hard times such as the present.

No one would dispute that the United States legal system has a labor market problem, but law schools cannot revive the labor market, or improve the employment prospects of their graduates, by providing a different type of instruction. Placing students in jobs is a function of a school’s academic reputation, not its curriculum, and the legal labor market will rebound only after the market as a whole has rebounded (and perhaps not then). The cause of the present troubles is a lack of jobs, not a lack of graduates (of any kind), and producing more “practice ready” graduates will have no effect on the supply of jobs. The proposal is a spectacular non sequitur to the present troubles.

The concept of “practice ready” also is unintelligible and would be impossible to implement if it were not. There are as many different types of practice, for example, as there are levels of readiness for it and proponents of the proposal do not say which of these various possibilities (and combinations of possibilities), they have in mind. If the expression had a clear meaning, law schools still could not implement it because proficiency at practice depends upon dispositions (i.e., habits informed by reflection), and dispositions take longer than a law school course to develop. Like a lot of blog commentary, the “practice ready” proposal is more slogan than idea. Perhaps that is why it is so popular.

Not pulling any punches here, are we? Lest you think Prof. Condlin (whom I don’t know) is an Ivory tower guy or anti-clinic, here’s his official bio:

From 1969 to 1972, Professor Condlin was an assistant attorney general for the Commonwealth of Massachusetts. He represented the Commonwealth in several major lawsuits in state and federal court, including Massachusetts v. Laird, an original action in the United States Supreme Court challenging the constitutionality of the Vietnam War, Sturgis v. Quinn, the state court precursor to the Supreme Court decision in Baird v. Bellotti, upholding a woman’s right to birth control, and Board of Appeals of Concord v. Housing Appeals Committee of the Department of Community Affairs, the first defense of an anti-snob zoning statute in the United States. He left the Attorney General’s office in 1972 to establish the Urban Legal Laboratory, a full-semester clinical program for students of Boston College Law School, run jointly with the Boston Lawyers Committee for Civil Rights. In 1974 he became a teaching fellow at Harvard Law School, where he taught and did graduate study in the field of clinical law. He left Harvard in 1976 to become associate professor of law at the University of Virginia, where he created that school’s clinical law program. He moved to Maryland in 1980. He has served as a consultant to the AALS Law Teachers Clinic and Clinical Teachers Training Conferences and to the Canadian Law Teachers Clinic and has taught at Indiana University Law School at Bloomington as a visiting professor

OK, a little ivory tower, maybe. But the paper sounds like it might be a useful corrective to certain over-enthusiasms.

Posted in Law School, Law: Practice | 3 Comments

The E-Road to Damascus

Take the “Where’s Damacus” test.

I was off by 52 miles to the NNE.

(Spotted via TPM.)

Posted in Politics: International | 1 Comment