Of Wiretaps and Rootkits

An interesting pattern is emerging from the illegal wiretaps story still coming out of the White House. It's one that I actually guessed would turn out to be the case based the precedent set by another recent controversy involving technology, privacy, and flagrant disregard for the law. Allow me to explain.

On October 31 of this year, Mark Russinovich of Sysinternals.com exposed Sony's clandestine installation of an illegal spyware program onto every computer that played their CDs. In response, Sony lied and said that the program, a rootkit, "is not malicious and does not compromise security." They also released an uninstaller program to remove the rootkit from affected computers. A few days later, Ed Felton, a digital rights management expert and computer science and public affairs from Princeton University, discovered that the uninstaller program Sony released was nothing of the sort. In fact, it likely beefed up the original rootkit already installed on users' computers.

This carried on for a while, and is still an on-going matter, with the Electronic Frontier Foundation pursuing civil suits against Sony in New York and California. Texas has sued Sony for possible violations of the state's anti-spyware law, and many expect New York State to do the same. It's still not clear whether or not all of the information about Sony's illegal spyware campaign has been made public. The company has lied at a number of points throughout the debate, it's hard to take them at their word.

When I first learned of the White House's illegal wiretap program, the Sony rootkit debacle immediately jumped to mind. Both programs were ostensibly aimed at targeting illegal activity. When each was revealed, the offending party claimed it was no big deal and denied any wrongdoing. But each was more widespread a problem than anyone had initially guessed, not to mention illegal. According to a new article in The New York Times, it turns out my gut instinct was right.

A surveillance program approved by President Bush to conduct eavesdropping without warrants has captured what are purely domestic communications in some cases, despite a requirement by the White House that one end of the intercepted conversations take place on foreign soil, officials say.

The officials say the National Security Agency's interception of a small number of communications between people within the United States was apparently accidental, and was caused by technical glitches at the National Security Agency in determining whether a communication was in fact "international."
. . .
Eavesdropping on communications between two people who are both inside the United States is prohibited under Mr. Bush's order allowing some domestic surveillance.
. . .
Mr. Bush and his senior aides have emphasized since the disclosure of the program's existence last week that the president's executive order applied only to cases where one party on a call or e-mail message was outside the United States.

Much like the rootkit story, this is snowballing into something much bigger than it first seemed -- and it seemed big to begin with. There's a great deal of speculation about what revelations are still forthcoming about the White House's illegal wiretaps program. First, they told us they were only spying on people speaking to foreign terrorists from within American borders. Then we learned that the FBI was spying on everyone from vegans to Catholics under the guise of investigating domestic terrorism. And now we find out that the administration in seemingly unwilling to draw any line in terms of who they should and should not be allowed to spy on. So what's next?

Bush supporters -- I won't say Republicans as many of them are not behind him on this one -- want to make this an issue of safety vs. law, but that's a false dichotomy. The existing FISA court, which has seen one judge resign in protest, is and has been more than adequate a tool for the administration to use if they want emergency wiretap authority, even retroactively. There would have been nothing wrong with following the law in this case.

The real issue at hand is that the President and his administration do not believe they are accountable to anyone.



Display:


right to privacy and transparency (3.00 / 1)

Corporate or political, leaders want the ability to spy on the citizens they rule while themselves remaining opaque.  This is precisely the opposite of what liberals seek - checks on concentrated power and individual rights.
by Matt Stoller on Wed Dec 21, 2005 at 02:07:38 AM EST

lesson (none / 0)

"Bush supporters -- I won't say Republicans as many of them are not behind him on this one -"

That's a lesson I've tried to take to heart and use whenever the adrenaline subsides enough for my brain to kick in.

It's worth repeating.

DAGGER
by goplies on Wed Dec 21, 2005 at 05:24:38 AM EST

won't say republicans? (3.00 / 0)

Great site!  

Though, we need to say "republicans" because they are the bush supporters.  If you need to excuse a segment of the right, I think "conservatives" works better.  

This Republican Party is steeped in a Culture of Corruption, Marinated in Oil, and intent on Destroying Democracy along with every thing else Americans share by right of birth in this great nation.  Conservatives merely exploit the situation by pretending not to see.

by permit on Wed Dec 21, 2005 at 06:57:41 AM EST

Government Rootkits? (2.00 / 2)

There's been speculation that the illegal spying is a technological fishing expedition in which emails and files are scanned looking for certain code words or patterns. That's a likely possibility.

Another possibility is brought to mind by this post. Whether it has already happened is another question.

What if the government has distributed a rootkit intended to install itself on as many computers worldwide as possible? By actually sitting on the subjects computer such a rootkit would have much greater access to a subjects activities than merely checking their email or network communications.

If installed on the computer of a U.S. citizen I presume it would be illegal.

Regardless of the legality, is there any doubt that Bush/Cheney would ok such a program?

by Curt Matlock on Wed Dec 21, 2005 at 09:08:41 AM EST

Got a tin-foil hat? (none / 0)

Because there was a comment from a blogger that intrigued me (though not enough to make notes to give credit). In the presidential campaign Cheney oddly taunted Kerry about overseas phone calls. At the time most people put it down to Kerry's claims to have been talking with European leaders, but this blogger wondered if in retrospect Cheney maybe knew more about Kerry's overseas phone calls than he needed to.

The Bush/Cheney have a messianic, "you are either with me or you hate America" streak that goes right to the bone. But they are wily enough to understand that you don't take your enemies list to a FISA judge.

Outlandish? It was outlandish when Nixon compiled an enemies list and openly suggested using the IRS as a political weapon. Every bit of breaking news from Abramoff to wiretapping stems from that golden time from Sept 2001 to May 2003 when these guys simply assumed they would get away with everything forever. They had the twin rockets of Chalabi and Abramoff strapped on and the sky was the limit. K-Street Project, Permanent Majority, New American Century all bound together with Triumphalism and War Time President. It was all so close that they could taste it, indeed Jack started taking premature bites. If you had to sum it up in one word it would be "Cakewalk". Then June 2003 happened, then Nov, then Feb and the boys and girls started flowing home in boxes.

Is it irresponsible to speculate that Bush was spying on domestic political enemies? Given the way they savaged Max Cleland it would be irresponsible not to.

by Bruce Webb on Wed Dec 21, 2005 at 10:27:01 AM EST

SIX WEEKS AGO. (none / 0)

A few weeks ago, I offered my opinion that the reason for the existence of the Nation of Israel was basically that it was useful as a tool for other nation's quest for control of Arab oil. I correctly pointed out that many, many Jewish people, especially Ultra-Orthodox Jews in Israel itself, believed, and still believe the existence of the Israeli Nation to be heretical, impractical, or both. My points were never discussed by the Israel supporters, who merely deleted my comments and revoked my so-called "trusted user status." I think these (CIA funded?) fanatics ought to be considered "neocon Jews," but then -- I am such a small fish in this pond. So I am now 3/5rds of a person on MyDD. However:

It was I who dug up the story on the Sony rootkit menace while the rest of you were out sipping your lattes. See:

(Diaries :: blues's diary :: Wed Nov 9th, 2005 at 10:57:10 AM EDT) (-- 6 weeks ago.)

Why Arnie Can't Vote: And What You Can Do About It.

by blues on Wed Dec 21, 2005 at 01:18:53 PM EST

Re: SIX WEEKS AGO. (none / 0)

Ok, let's make it easy basically u believe THE JEWS are behind everything right?
by Blutodog on Wed Dec 21, 2005 at 07:21:41 PM EST
[ Parent ]

Re: SIX WEEKS AGO. (none / 0)

You know PERFECTLY WELL that I think it's THE NEOCONS who are "behind everything," regardless of whether they are Jewish or not. And with all due respect, you sound just like a typical neocon to me.
by blues on Wed Dec 21, 2005 at 08:18:39 PM EST
[ Parent ]

Re: SIX WEEKS AGO. (none / 0)

NO, Neo-Con is just a code word 4 JEW in ur paranoid world asshole & although I'm a JEW I'm not a neo-con either fuckwad.
by Blutodog on Thu Dec 22, 2005 at 08:23:47 PM EST
[ Parent ]

Re: SIX WEEKS AGO. (none / 0)

Blutodog: Whether you are a Jew or not is not too important to me. I might be, maybe, 20% more comfortable with your world-view if you were, say, Episcopalian. But all that really matters to me is whether you are a neocon. Yes -- I am paranoid -- but who isn't these days? If you are just Jewish and paraphobic, just chill out a little. If you are a neocon dis-informer, well, do not waste your time with me.
by blues on Thu Dec 22, 2005 at 08:52:06 PM EST
[ Parent ]

Re: SIX WEEKS AGO. (none / 0)

I'M NOT A NEO-CON. I'm aginst the War in IRAQ have been from way before it ever started. I hate the Bu$hit regime and everything it stands for. But I am also not Anti-Israel. Nor am I anti-Muslim.  I'm anti- religious fundamentalism of any brand.
by Blutodog on Fri Dec 23, 2005 at 08:46:24 AM EST
[ Parent ]

rootkits (none / 0)

Using a rootkit would make it more difficult than it needs to be. The way email works is that it passes from server to server until it hits its final destination. It's easy to determine by looking at the ip address if the message is destined for a server out of the US and just pluck that message off the net.
If I were intent on passing secret messages I'd use something like PGP to encrypt the message and it's pretty easy to ensure that you computer is clean of spyware if you know how.

by moosemeat on Wed Dec 21, 2005 at 03:24:40 PM EST

Re: rootkits (none / 0)

Hey, moosemeat, I have this really nice bridge in Brooklyn that you really should think about investing in ...
by blues on Thu Dec 22, 2005 at 07:56:12 PM EST
[ Parent ]

Re: rootkits (none / 0)

Then again moosemeat, with 50 zillion lines of code in Windoz, WTF knows??? Not me.
by blues on Thu Dec 22, 2005 at 08:00:07 PM EST
[ Parent ]


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