Comment by tptacek

12 years ago

It's hard not to come to the conclusion that these activities were essentially criminal. I don't see how the administration can fail to disavow them, investigate them fully, and hold their instigators accountable. It feels like Special Prosecutor time.

That aside, let me re-make a point I keep making:

Google had no knowledge of NSA's physical compromise of their data centers. But still, they pushed harder than anyone on the whole Internet for the adoption of modern TLS with forward-secrecy; they are the world's foremost deployers of ephemeral-keyed elliptic curve cryptography and of certificate pinning, both of which ensure not only the security of the traffic running over the network cables into their data centers, but also minimize the impact of a compromised long-term encryption key or the compromise of the CA system by a state actor.

Not only that, but Google launched a high-profile effort to encrypt the communications inside and between their data centers.

I hope a couple years hindsight will put the importance of Adam Langley's work (and that of the rest of his team; he's just the best-known member of that team) at Google into sharper relief.

> It's hard not to come to the conclusion that these activities were essentially criminal. I don't see how the administration can fail to disavow them, investigate them fully, and hold their instigators accountable. It feels like Special Prosecutor time.

The government takes the position that their agents are almost completely unconstrained by law when it comes to actions taken abroad aimed at non-US persons.

Even were a court somewhere to find that this interpretation is incorrect, there are numerous "good faith reliance" doctrines that prevent any prosecution or even civil consequences.

The government outright tortured people for years, and nothing has come of it. No prosecutions. No damages for victims. No cases dismissed for outrageous government conduct. Not even very many harsh words from judges. The only people for whom there were any consequences were the low level regular army people who got in on the torture train without first getting official blessing.

It'll be the same thing here. If some low level employee went out on his own to hack into Google servers, something might come of it. But by all appearances these programs were deliberate, planned, and vetted. In those circumstances the bad actors have long since learned to cover their own asses. There will be no consequences for them.

  • I am at a loss for words. Arrogant, self-righteous, disrespectful, ignorant, mendacious...nothing cuts it. It is illegal in the US but who cares about the rest of the world? I can not remember when something similar made me that angry as the current conduct of the US does. If I would not know better that this would negatively affect the whole world and innocent US citizens and that emotional reactions are usually not good - I would just cut all cables to the US, stop all trades of oil, raw material and goods, deny US citizens to enter any foreign country and then just do your shit over there and get happy with it.

    EDIT: Just to clarify it a bit more, I am not primarily angry because of the spying - read my mails if it makes you happy. What really pisses me of is this sentiment of thinking of non-US citizens as second class humans. We are not spying at US citizens, only at this other guys across the ocean. And sadly this sentiment is also present in part of the media coverage. Especially when the story broke there was a lot of outrage about (accidentally) spying at US citizens, but spying at non-US citizens and breaking foreign law in peacetime is deemed acceptable.

    • I'm a US citizen.

      Born and bred.

      And, at this point, I can't in good faith say that I would blame you.

      I think it's pretty safe to say that getting rid of a President is no longer enough. My sense is that the people who make these policies really are "Beyond Elections". They are constants in our government. And appear unassailable.

      I doubt very much that we, the American People, could even IDENTIFY the people setting or implementing these policies, much less rid ourselves of them.

      I think in the present environment, it wouldn't be imprudent for other nations to look to their own interests.

      35 replies →

    • For what little is it worth, a lot of us American citizens have a real problem with our government not extending the concept of the natural rights that we supposedly have to everyone, everywhere. Of course, these days they aren't even really bothering to discriminate and are just fucking us all over, though I guess they do apologize a bit more when they get caught fucking over Americans.

      Also, while I think this sort of spying is terrible I'm even more sickened by things like the fact that we keep killing innocent people with drones and such and justifying it as acceptable collateral damage when nobody will tell us who the real targets were, why they had to be killed, and why that was so important that accidentally killing a few hundreds or thousands of innocents while pursuing them is reasonable.

      At this point we're so far down the slippery slope that the rest of you might as well cut us off if you can. I'm unconvinced we are going to right this ship anytime soon, we as the group of citizens whose net worth isn't in the billions have lost control of the bus.

    • While I agree the NSA's conduct is outrageous you seem to be confused about how countries actually work. Every country treats non-citizens worse than citizens - fewer rights and benefits, more limited (if any) work opportunities, additional hassles, etc. And most countries have intelligence agencies that spy on foreign countries and their citizens often in ways that break foreign laws. Don't be so naive.

      15 replies →

    • > I am at a loss for words. Arrogant, self-righteous, disrespectful, ignorant, mendacious...nothing cuts it. It is illegal in the US but who cares about the rest of the world?

      Do you really believe that this is the modus operandi only of the United States?

      Since, say, France has _at least_ the same position with regard to the rest of the world vs. French citizens, are you angry at France too? Will you cut all french, german, russian, and bahranian cables as well, so as to maintain a consistent position?

      17 replies →

    • > It is illegal in the US but who cares about the rest of the world?

      I think it's entirely justifiable to give the NSA more latitude abroad than domestically. To turn reverse the scenario, as an American, I would far rather have the French or the Germans conducting surveillance on the United States than the US government. People keep comparisons to the Stasi, too often they forget what the Stasi's purpose was: to suppress political opposition. Here in the US, surveillance was used for the same purpose, on a much smaller scale, during the J. Edgar Hoover era. Political opponents of the government were spied on with the intent of blackmail or embarassment.

      That's the whole reason why government surveillance is so scary. It puts so much information in the hands of an organization with such far-reaching powers in law enforcement and otherwise that the combination is prone to abuse. When the US spies on foreign citizens or vice versa, the potential for abuse is much less. The NSA has neither the interest nor the ability to harass political opponents in Germany and France, and the same goes in the other direction.

      3 replies →

    • The purpose of intelligence agencies is to spy on non-citizens, both in peacetime and in wartime. One might argue that traditionally they focused on public figures in the foreign states and that spying on average foreigners is new; I don't know if that's true, but seems plausible.

      It would generally be a dereliction of duty for the NSA/CIA to not spy on non-Americans. The same holds true, modulo agency name and country, for any other country.

      Now, if you want to make the argument that national borders should dissolve and that spying on foreigners should become history - or something like that - that's up to you. But spy agency gonna spy.

      12 replies →

    • but spying at non-US citizens and breaking foreign law in peacetime is deemed acceptable.

      First let me say that I agree with your sentiment -- it's hypocritical for people in the US to be upset about the US government's spying on its own citizens, but not upset when the people are in other countries.

      Now for a dose of realism -- every single country out there that has a foreign policy and interests abroad behaves in this way to one extent or another. The question is not whether but how much. I'm receptive to ideas for something to replace this general approach to intelligence gathering. But let's not apply a double-standard in the opposite direction and say that only when the US does the spying is it a problem.

      13 replies →

    • I am at a loss for words. Arrogant, self-righteous, disrespectful, ignorant, mendacious...nothing cuts it. It is illegal in the US but who cares about the rest of the world?

      I'm as appalled as the next guy about the NSA's actions, but let's keep this in perspective here: many countries have 2 intelligence agencies, one for external and one for internal. Do "MI-5" and "MI-6" ring a bell?

      Plus, in this particular instance: the GCHQ (British version of NSA) is the one passing along the wiretapped stuff to the NSA.

      > We are not spying at US citizens, only at this other guys across the ocean.

      In this instance, it's the guys across the ocean who are spying, and passing on the results to us.

    • > What really pisses me of is this sentiment of thinking of non-US citizens as second class humans.

      When a group puts a draws a line of Us and them, they are making enemies. With this approach the NSA is declaring the USA as the enemies of all those being spied upon. The more similar news spread the more this mentality that "The USA is the enemy" will spread and its only a matter of time that more countries turn a blind eye or even facilitate terrorist actions against the USA.

    • > What really pisses me of is this sentiment of thinking of non-US citizens as second class humans.

      If this is really what you believe, then start pushing for legislation to include non-US citizens as first-class humans.

    • That's why, ironically, the best hope for privacy-minded US citizens (like a good part of HN readers) comes from outside governments.

      People like Brazilian president, Dilma Rousseff, that had the courage to cancel state visits and declaring outraged by the state-sponsored spying supported by the Obama Administration.

      We need many more governments standing up and threatening to cut commercial ties with the US, until we can see some traction.

      Sadly, I'm not very hopeful that this will happen, given the commercial interests involved. Mexico had a slow initial response, but it's starting to demonstrate some reaction. Germany and France are my hopes [1].

      [1] http://www.theguardian.com/world/2013/oct/22/mexico-presiden...

      3 replies →

    • I'm torn between the two sides of this coin.

      As both a US citizen and world citizen (how can we who've grown up in the Internet age not feel a little more worldly?) it feels violating to know this has been going on, and that it likely effects me.

      On the other side, it has forever been, and continues to be, in a physical-boundary-defined nation's best interest to know things about every other nation, in order to compete within international relationships. I would be surprised to find a major international player that didn't have a clandestine agent group or groups like the CIA or NSA.

      It's a very tough and frustrating topic. Spying always feels disrespectful and arrogant to the spied upon. But should we implicitly assert that this isn't done by the rest[0] of the intelligence agencies around the world?

      0: http://en.wikipedia.org/wiki/List_of_intelligence_agencies

    • The government of a country, any country, owes allegiance to its citizens first and foremost. Our laws do not apply to people in other countries. I can't imagine that most large governments other than the US do run in exactly the same manner.

      I'm not defending the NSA, but let's not be naive here. One function of the government is to protect its people from all threats, foreign and domestic. So yes, citizens of other countries are second class, and well they should be from some perspectives. Again though, there are lines, and some have been crossed.

    • I would just cut all cables to the US, ... deny US citizens to enter any foreign country and then just do your shit over there and get happy with it.

      Whoah, there. Your grievances are well-placed. But keep in mind that it's a certain subset of agencies in the US government that are responsible for the problems you're upset about, not all US citizens. As for fixing things, the government has become literally unmanageable, and things are a mess right now.

      23 replies →

    • But, by denying movement, you are suggesting to treat US citizens as second class humans. To what purpose? in order to punish them? To educate them about your importance?

      3 replies →

    • All i can say to your heayed comment is that it is a good thing that you're not in a position of power to act in such a way that would sever the worlds ties with the US.

    • Especially when the story broke there was a lot of outrage about (accidentally) spying at US citizens, but spying at non-US citizens and breaking foreign law in peacetime is deemed acceptable.

      What did you used to think foreign intelligence services did?

    • I had the exact same feelings when I saw so many people go "They will just borrow more money" in the recent US govt. shutdown. The arrogance is unbelievable. Shows complete lack of remorse over leeching off the rest of the world.

      Very disappointed in the american citizens' reaction to the catastrophic political decisions their leaders have been making for decades.

      2 replies →

  • > actions taken abroad aimed at non-US persons.

    And there is an interesting counterpoint to that, e.g.

    > "If the Americans eavesdropped on cellphones in Germany, they broke German law on German soil, and those responsible must be held accountable."

    http://www.japantimes.co.jp/news/2013/10/28/world/obama-unaw...

    • The problem is that the people who were actually in Germany breaking German law were (likely) on diplomatic passports and so have plenary immunity. Meanwhile, under international law, which German courts take seriously even if US courts do not, senior state officials have functional immunity for actions taken in an official capacity with a disputed exception for violations of jus cogens+.

      While there may be some room between the people on the ground who are immune and the senior officials who are immune to prosecute mid-level functionaries, that's not terribly satisfying and there still remains the problem of getting them in front of the court.

      See generally: http://www.lawfareblog.com/2013/10/the-nsa-affair-goes-crimi...

      +The most serious types of international norms: things like genocide, slavery, torture, and piracy.

      16 replies →

  • > The government takes the position that their agents are almost completely unconstrained by law when it comes to actions taken abroad aimed at non-US persons.

    More to the point of the article here, the government takes the position that their agents are completely unconstrianed by law when it comes to using information shared by foreign intelligence services that their agents had no part in collecting, and the collection here is done by the GCHQ -- a British intelligence agency -- who simply provides NSA the privilege of submitting search terms and getting matching data from the collection GCHQ does from their taps.

  • "The government takes the position that their agents are almost completely unconstrained by law when it comes to actions taken abroad aimed at non-US persons. "

    It's worse than this. You also generally can't sue the US government civilly unless they allow you to. US has abrogated sovereign immunity in certain situations for certain types of torts, but ..

    • Civil immunity is a subset of completely unconstrained by law. For example, judges are entitled to absolute civil immunity for actions taken in an official capacity. But they have occasionally been charged criminally for actions for which they were civilly immune.

      1 reply →

  • > actions taken abroad aimed at non-US persons.

    Aren't Google and Yahoo US persons?

    http://en.wikipedia.org/wiki/Corporate_personhood#Corporatio...

    • Actually, if I were Google or Yahoo, I would be getting my lawyers to prepare some type of lawsuit. Not that I think it will succeed, but Google/Yahoo are direct victims here.

      2 replies →

    • Doesn't Google and Yahoo both operate shell companies overseas in order to avoid US taxes though?

  • I'm sure the other branches of US government would be delighted if NSA would share with them - not the secret data, but their data processing tools.

    I mean, it appears that NSA has the ability to separate the retrieved gmail data into citizens and non-citizens, so they can legally use the non-citizen part of data and throw the 'forbidden' US-citizen data away. Think of the wonders that we could do with such technology! We wouldn't need passports anymore, when arriving from another country, you just provide your gmail account, TSA systems check that you're a citizen and lets you right in with a smile...

  • > The government outright tortured people for years, and nothing has come of it.

    I am not saying it's OK, but in that case, most US citizens aren't even affected. In the case of surveillance, data from US citizens is being directly compromised. Their attempt to do what they want to foreign individuals with surveillance actually causes some collateral damage to US citizens.

    • > I am not saying it's OK, but in that case, most US citizens aren't even affected.

      There is a very strong line of reasoning that says terrorist attacks and thousands of America soldiers killed in combat are a direct result of these kinds of foreign policies.

Google was letting information flow between its data centers completely unencrypted until last month. http://www.washingtonpost.com/business/technology/google-enc... Last month!

Think about that for a second. Most people on HN wouldn't send a single file to their own backup provider in the clear. Google was sending gushing torrents of data, presumably including email, IMs, etc, over long distances that way.

That's very nice that the company that encouraged all of us to put all our email and documents in its data centers "pushed harder than anyone on the whole internet" for some basic security well after the NSA compromised their shit, but it doesn't excuse their irresponsible practices.

In the first week that I was managing IT/Ops at our company, our security architect, msj, approached me and said that our approach towards security would be to encrypt everything at rest, and everything in flight. Even the 18" of ethernet cord hanging outside of the servers would be considered an attack vector.

I thought he was loopy at the time. Amazing how wrong I was.

It's far beyond special investigator time.

Obama should be impeached. Both Obama and Bush should be tried for criminal conduct. Both should be put in prison for decades for treason. Of course on top of that are the war crimes and general crimes against humanity both committed (torture, war, murder of thousands of civilians, and so on).

  • It wasn't too long ago that Obama himself said Ed Snowden was not a patriot. Said it then, will say it again. The hypocrisy just reeks.

    • Snowden isn't a patriot though.

      Certainly he has revealed a lot of scary information about the government that the people needed to know about, but opposing the state (which is what Snowden seems to do) does not always equate to supporting the nation.

      Some of Snowden's disclosures have been directly harmful to American interests without a corresponding harm being done to the American people that would have warranted that disclosure. For instance, his leak of details of NSA hacking attempts against China.

      Likewise, his disclosures about spying against allied heads-of-state. Knowing what your friends truly think would be invaluable for American interests when negotiating. I certainly agree that spying on friends like that is distasteful, but revealing that can't possibly be said to have helped the American people.

      4 replies →

Even with everything you say, Google was still defeated by the NSA. Will Google ever catch up in this arms race? "95% encrypted" == "100% compromised"

  • Google appears to have been so on the ball with this stuff that the NSA literally had to send bag men to their cages in order to retain access.

    • When your opponent uses Navy submarines to tap undersea cables right under the Soviets' noses, you probably shouldn't trust your leased fiber with unencrypted data. This interception could occur where undersea cables make landfall without any datacenter antics.

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    • The article seems to suggest that it was inter-site links that were compromised and not actual Google data centers. Those compromises could happen at telco data centers or even in the field (e.g., by splicing monitoring equipment into a cable).

    • Wait, so until google can defend its cages against the g-men, then all efforts will be in vain.

      Also, in other countries, I assume those g-men have access to those cages.

  • Google might have an easier time recruiting edge producing developers than the NSA after the leaks.

    • I used to work in the antivirus industry, and, as I recall, anything that even hinted at a history of hacking or virus-writing would lead to instant dismissal and black-listing (from pretty much the entire computer security industry). I imagine that the same prohibition would now apply to former government employees also.

      The sad fact of the matter is that we cannot trust individuals that have ever worked with these agencies, nor with the private contractors that supply them. The risk of insider attacks is too high. Equally, we cannot trust companies that employ those individuals.

      If silicon valley is to recover the confidence of it's customers, it must go through the painful and heart-rending exercise of dismissing all employees with any connection whatsoever to government espionage. Many innocent people will lose their jobs, and will face the prospect of being excluded from high-tech employment in the private sector, but I cannot see any other way of regaining trust in our fundamental infrastructure.

      10 replies →

    • I imagine anyone with a line on their resume that says "NSA - Software Developer - 2009:Present" is going to have a hard time finding a new job at many companies (although certainly not all).

      17 replies →

  • > Even with everything you say, Google was still defeated by the NSA.

    Well, actually, per the article, by GCHQ. Who, as well as using the data themselves, also allows the NSA access to it.

> Google had no knowledge of NSA's physical compromise of their data centers.

How do you know this is the case? In the diagram submitted within the article, the box highlighted with the smiley face is labeled "GFE" for Google Front-End [1], which means it's a Google controlled server. It seems more plausible to me that the NSA compromised this target with a FISA court order rather than hacking it. And if that is true, then someone at Google did know about it, they just weren't willing to discuss it because of a legal threat.

[1] Google server names: http://googlesystem.blogspot.com/2007/09/googles-server-name...

  • > How do you know this is the case? In the diagram submitted within the article, the box highlighted with the smiley face is labeled "GFE" for Google Front-End [1], which means it's a Google controlled server.

    Yeah, its the external facing server that is the boundary between Google's (encrypted) communication with outside systems and its internal network which doesn't use encryption.

    > It seems more plausible to me that the NSA compromised this target with a FISA court order rather than hacking it.

    If you read the article, the leak of documents that included the diagram indicates that:

    1. The GFE server itself wasn't compromised, whether by a court order or hacking -- the unsecured communications which occur "behind" the GFE server were compromised, and

    2. The entity which compromised the unsecured communications wasn't the NSA, but Britain's GCHQ. The NSA gets information from the compromised system because GCHQ allows NSA to submit search terms ("selectors") which are matched against the data GCHQ collects from tapping Google (and Yahoo!) unsecured internal comms, and then feeds the data matching the selectors back to the NSA.

    • You are correct, I've misunderstood this program and perhaps the parent post I was responding to. Oh well, can't win 'em all. This is in addition to the PRISM programs we've already seen.

I'm hoping Google ends up buying the ECC patents from Blackberry and then make them public domain or at least say they will allow everyone to use them for free and with no consequences. I know they want to buy some stuff from Blackberry right now, but not sure if they are considering buying the ECC patents, too, or not.

I'd feel a lot better if Google bought them than say Microsoft or some other company, who'd just try to collect royalties from anyone using them, and I feel that will make things a lot worse for security on the web in the future, especially with Microsoft's long-standing relationship with the NSA.

http://www.theguardian.com/world/2013/jul/11/microsoft-nsa-c...

That being said, I'm very disappointed in Larry Page's statement about encryption and quantum computers:

> Lloyd made his pitch, proposing a quantum version of Google’s search engine whereby users could make queries and receive results without Google knowing which questions were asked. The men were intrigued. But after conferring with their business manager the next day, Brin and Page informed Lloyd that his scheme went against their business plan. “They want to know everything about everybody who uses their products and services,” he joked.

It bothers me a lot that the leaders of Google would think like that, even though I knew they would because of the incentives in their business. But I just wish they found way for their business to work, so they do not have to think like that, and be more on the side of users on this issue, than they are right now.

Unless their thinking about user-privacy and security changes, we should never fully trust Google (even if they are better than the rest right now). That sort of thinking means they will never go the all the way to protect their users, which probably why you will never see OTR or ZRTP in Google's chat services. All the data collection they do will also become increasingly more irresistible to governments, especially if they keep it forever.

http://www.wired.com/wiredscience/2013/10/computers-big-data...

  • I don't trust Google more than anyone else out there. They are in the business of making money and don't much of a damn about their users. The only reason the NSA spying is a problem for them (imo) is that it may affect their bottom line due to user concerns and therefore affect their products. NSA has direct line to Google Cloud, guess I'm better hosting my own servers rather than pay for business Google Mail and Drive. I'm not sure Google would give it away for free, they now own Motorola remember, in the fight against all the phone giants, patents are king!

    The 2nd part makes no sense at all. Why would Google not want to know everything about you. That just goes completely against their business model. There is no such thing as a free lunch.

"Google had no knowledge of NSA's physical compromise of their data centers. But still, they pushed harder than anyone on the whole Internet for the adoption of modern TLS with forward-secrecy..."

You're talking about security only. What about privacy? Security and privacy are not the same thing (although they overlap).

No other company has such a rapacious appetite to track and record online behaviour in one form or another - whether it's signing into your Chromebook to print to your desktop printer or using Google Analytics, Google wants to capture it all. Their vaguely-worded privacy statements tell you nothing about how they use this data, who sees it, or just how personally identifiable it is.

Take ChromeOS, the fact that you have to sign-in in with your Gmail account means potentially every activity you perform while in the OS is tracked by Google. I'm amazed at how little discussion is made of this. (I would never run ChromeOS for this reason alone.)

I've no doubt that Google takes security matters seriously. I'm not at all convinced they take privacy seriously.

I don't think pushed hard enough for the adoption of TLS. It's only finally THIS YEAR that they made available their ubiquitous AdSense code for SSL/TSL. Because many websites derive their full livelihood from AdSense, Google has effectively been stalling the widespread adoption of SSL on the web. If you were a news website and you used AdSense, then forget about ever implementing SSL; it would kill our site.

Although I'm glad they have finally started serving AdSense in SSL, Google need to take ownership in their big role in keeping the internet unencrypted. If they have had a had a change of heart, that's great. But I don't trust them any more.

> Google had no knowledge of NSA's physical compromise of their data centers.

Are we sure about that?

  • I think we have enough information for Google to plausibly deny involvement.

    • Sure, but the phrase "plausible deniability" just reeks of government and corporate double-speak: "you can't prove beyond a shadow of a doubt I did it, so I can keep on doing it." Plausibly denying something is just a propaganda technique.

      Did Google know or not? Did Google participate or not?

      1 reply →

    • re: bediger4000

      The phrase has that smell when used by the person denying. If an action or inaction is taken to preserve plausible deniability, it is smelly.

      But when used by an observer after the fact, it just means that we have no way to know they knew, unless there is proof. So if they say they didn't know, it is a believable statement.

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> Google had no knowledge of NSA's physical compromise of their data centers.

You speak of Google as if it were a single person and not 46,000 people, or as if the threat of a long-term federal prison sentence isn't enough to make most members of society keep absolutely quiet.

Which, going by their (this administration's) record at disavowing, initiating investigations into, and demanding accountability from our various security agencies for their widely known, and far more egregious abuses they've been indulging in since late 2001 -- torture, extrajudicial killings, and the cavalier attitude of our armed forces toward civilian populations, generally -- we can be virtual certain that not only will they "fail" to do, they won't even make a credibly sincere effort at it.

I don't see how the administration can fail to disavow them, investigate them fully, and hold their instigators accountable.

The stage is being set for a giant conflict between the intelligence community and the political class in DC.

  • The political class is still more scared of being on the wrong side of security in the event of another terrorist attack. On a long enough timeline there certainly is bound to be another attack, and no one wants to be the one who weakened the intelligence community's toolset. No one seems to understand the tradeoffs they are making.

> It's hard not to come to the conclusion that these activities were essentially criminal. I don't see how the administration can fail to disavow them, investigate them fully, and hold their instigators accountable. It feels like Special Prosecutor time.

Well, the article makes the point exceptionally well; it's unclear why MUSCULAR is needed when PRISM already exists.

However as long as the interception was exclusively between overseas Google and Yahoo data centers I'm not actually sure it's even clearly criminal.

Instead I think it shows a rather stunning 'loophole' in current U.S. law and case law when you intersect a globalized Internet with laws meant to deal with national-level communications.

Frankly, this is the same feeling I experienced when it became clear how global companies are able to "nation shop" for maximum tax advantage. I didn't like seeing it then, and I don't like it here.

But although the behavior might be technically legal (thanks to the platoon of lawyers) it's certainly not in keeping with the spirit. It seems to me that oversight much become much, much more intrusive than it used to be.

Instead of writing the law and then letting NSA squirm for years until it finds loopholes that work for it, it's time to force effective oversight deep into every level.

Because what's most striking to me is that I'm not sure that even the law as it stood before 2001 would have made this behavior technically illegal. MUSCULAR couldn't have happened then, of course, but now that American data is being farmed automatically to data centers around the world....

> Google had no knowledge

Citation required.

> Not only that, but Google launched a high-profile effort to encrypt the communications inside and between their data centers.

When exactly was that announced? Before or after Snowden went rogue? If after, the agency had to tell the PRISM partners that they were going to be exposed if they were willing participants in hosting a back-door.

Otherwise, they only got paranoid after that fact?

I'm wondering if there is a state with a particularly restrictive privacy law that can drag Larry or Sergei to the witness stand and find out if participation is willing or unwilling.

  • Technically, it's impossible to prove a negative. That said, what more evidence do you want than everything Google has done to combat this, including preemptively working to encrypt cross-dc traffic?

    • including preemptively working to encrypt cross-dc traffic

      You do know that the national security apparatus can and does force companies to lie in press releases to the public about security- and privacy-related matters? Who's to say Google isn't flat out lying to us about that? There's no legal reason they can't lie to us if our secret courts force them to.

      The problem now is we can't trust even the supposed "good guys" because the government has completely tainted the well with their secret courts and gag orders on companies (while still forcing them to comply).

What Google knew when, and how Google co operated with the NSA and other agencies is something we will probably never know. Or at least not for a long time.

The first files that came out seemed to speak of direct access for the NSA into the datacenters done with the support of Google.

These speak of even more intrusive surveillance.

Personally I dont believe for a second that Google has not been fully cooperative with the needs of the American Intelligence community all the time. However Google needs a bit of good PR to ensure that they are not hit too hard with a backlash. As long as Google can maintain plausible deniability they are fine.

I dont see anything criminal that the NSA does as far as US law goes, unless they are spying on American citizens (which they are doing).

Spying in any way possible on other countries is not only legal but a bit reason for the existence of NSA, CIA etc. There is an understanding in the international community that spying may occur.

However there is also a long tradition that if someone is caught with their hand in the cookie jar, a harsh response is expected. The expulsion of diplomats, dropping trade deals, dropping mutual agreements (think US/USSR) and so on. Also the criminal persecution and interrogation of enemy agents discovered.

A couple of points to make

1) Europe has so far not really reacted much to the news. Some blabbing in the press, a bit of travel, but aside from that little has changed.

2) the biggest threat over this for Europe is not so much the disposition of troops, where and how bombs are kept etc, its industrial espionage and leverage for getting EU countries to sign deals to buy American. A good recent example is the sale of JSF. The embassies were very heavily involved in ensuring that nations in Europe bought JSF. I find it impossible to think that intelligence gathering was not offered to ensure that this took place.

In light of the criticisms leveled against these strategies in from 2002 - 2004 its difficult for intelligence policy makers to argue the risks were unknown. The indifference to risk, public opinion and constitutional issues is jaw dropping.

I wonder if many of these 'Chinese infiltration' events that did lead to Gmail HTTPS/TLS were actually spy agencies of various nationalities, even looking like Chinese hackers when in actuality it is something else.

Yet, with such emphasis on security, how did they manage to "back up" Wi-Fi passwords on Android as clear text on their servers?

That all sounds very impressive, but in the end it didn't work and all our emails are belong to them.

Oh nice, tptacek defending Google again, no matter what.

  • Defend them against what? How could one seriously blame them for this, how are they not a victim, just as their users are? Yeah, they could have encrypted their internal network sooner. Just like someone who got robbed could have learned martial arts or taken a different route.

You make it sound as if Google is being altruistic here. Security is essential to the direction they are heavily pushing.

Chromebooks vs. Macs/Windows/Linux

Gmail vs. Exchange(not Exchange Online)

Google Apps/Drive vs. Office/LibreOffice

"Why the NSA loves Google’s Chromebook"

http://arstechnica.com/information-technology/2013/09/why-th...

Of course, all this applies to all cloudhosted services including Skydrive, Exchange Online, etc. but out of all companies, Google is the one that has most at stake if people become fearful of their data leaking on the way to the cloud and decide to keep their data inhouse instead of going to the cloud.

To me, the big surprise was that Google wasn't encrypting the links between it's own datacenters before these revelations.

As usual, Stallman is proven right again. If your data is under someone else's control, it's not yours.

"Cloud computing is a trap, warns GNU founder Richard Stallman" http://www.theguardian.com/technology/2008/sep/29/cloud.comp...

Which, going by their (this administration's) record at disavowing, initiating investigations into, and demanding accountability from our various security agencies for their widely known, and far more egregious abuses they've been indulging in since late 2001 -- torture, extrajudicial killings, and the cavalier attitude of our armed forces toward civilian populations, generally -- we can be virtual certain that not only will they "fail" at, they won't even make a credibly serious effort at it.

I don't see how the administration can fail to disavow them, investigate them fully, and hold their instigators accountable.