back to article FOIA documents show the Kafkaesque state of US mass surveillance

A mystery technology biz tried to fight off demands from the US government that it hand over people's communications flowing through its systems. The unnamed company refused to obey the surveillance order, and was also denied the ability to even review the outcomes of any previous challenges to help form its case. That's …

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  1. a_yank_lurker

    About Kafka

    Kafka was an starry eyed optimist.

  2. willi0000000

    how much longer until the FISC just send you the verdict and a set of instructions to follow and a list of persons who have to report for jail time?

  3. Tim99 Silver badge
    Stop

    Looking at the article, I knew I would be depressed.

    Did someone at El Reg really have to use a digitally colorized image instead of the proper monochrome that $DIETY intended?

  4. Anonymous Coward
    Anonymous Coward

    Even if we could guess which company

    It would be illegal for them to confirm that they were the one who unsuccessfully challenged it. That alone shows the need for this law to not be renewed!

    I'll bet congressional leaders of both parties cooperate on some sleazy procedural dodge to pass this on voice vote (so the traitors' names aren't on the record) in the dead of the night when people are distracted by the latest news of Trump's legal woes. Unfortunately there aren't enough true patriots like Wyden and Paul to stop them.

    1. Charles 9

      Re: Even if we could guess which company

      All it takes is ONE. What if they appeared and called for a quorum?

      1. Anonymous Coward
        Anonymous Coward

        Re: Even if we could guess which company

        The speaker of the house and majority leader of the senate have to call them to session. A single member can't just show up at 4am and pass whatever he likes on his single vote.

        If that was the case, all you'd need is a single member of the house, member of the senate, and president to agree on something, and they could make a law. Trump would already have funding for his wall if he just needed to find two yes-men to go along with him.

        1. Charles 9

          Re: Even if we could guess which company

          He's saying the Speaker and President Pro Tem (the actual head of senate) can "call" a session and others conveniently don't hear it.

          That said, Article I notes that if a quorum is called and there isn't a majority of the body present, that chamber can't operate.

  5. Christian Berger

    Of course there's a comparatively easy fix

    Truly Free Software, which does not rely on a company or organisation to work on it. You cannot hand a court order to a loosely connected bunch of software developers, or in fact to a product that's long been finished.

    We could start by taking GPG and simplifying it to a point where security critical bugs are improbable, then we'd have some unchanged piece of software which couldn't be backdoored.

    1. Charles 9

      Re: Of course there's a comparatively easy fix

      It's extremely difficult for software to truly be free. It can be usurped, for example (see systemd). Plus back doors can still be added "by the backdoor"--subtly, through a series of otherwise-genuine fixes that can then be lashed together just so. As for GPG, its kind of encryption implies necessary complexity, so again someone could insert a backdoor carefully disguised as a fix.

      1. c1ue

        Re: Of course there's a comparatively easy fix

        GPG doesn't prevent either sender or recipient compromise.

        Nor does it train non techie types to use it. Having only a small fraction of the population able to use his level encryption just focuses security efforts on the minority.

        For that matter, how secure can you be if your OS, hardware firmware, networking provider, etc are individually or collectively forced to cooperate in attacking your privacy? Or even just paid to?

        This isn't a technology problem, it is a societal one and has to be addresses that way.

        1. Charles 9

          Re: Of course there's a comparatively easy fix

          Problem is that the societal problem drills down to it being a HUMAN problem, making it nigh-intractable until we evolve a better human.

  6. Your alien overlord - fear me

    Super secret court

    but the judge is named. Not secret or smart !

    1. P. Lee
      Big Brother

      Re: Super secret court

      Missed it by --><-- that much!

      1. Anonymous Coward
        Anonymous Coward

        Re: Super secret court

        > Missed it by --><-- that much!

        Ve don't --><--, --><-- here!!!

  7. thx1138v2

    In other words...

    Resistance is futile!

  8. Anonymous Coward
    Anonymous Coward

    Meanwhile in Europe

    We could have offered ourselves as a great alternative for companies who do value the idea of keeping their customers' data out of the hands of governments going on fishing expeditions. Then enter stage right Mr de Mazières...

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