To explore this matter further, I found another Mark Nestmann article that deals with this topic. It is titled " WARNING: Uncle Sam and Hollywood Want to Root Through Your PC" which will be shared with you today and tomorrow. Since the article is rather lengthy, the first part will be about what the government and Hollywood is doing to invade your computer privacy. Tomorrow, the second part will provide some suggestions to protect yourself.
WARNING: Uncle Sam and Hollywood Want to Root Through Your PC
The FBI wants to look inside your PC. So does Hollywood. Together, their efforts could doom any semblance of computer privacy…unless you take the precautions outlined in this article.
Big Brother and Big Entertainment are both trying to shut down computer privacy, but for different reasons. BB says it needs to eliminate computer privacy to fight the "War on Terror." BE wants to end it to eliminate theft of copyrighted materials over the Internet. They are now acting in concert—a frightening trend. But by taking the simple but effective steps outlined in this column, you can still protect yourself.
The Government's War on Computer Privacy
To "bug" your PC (yes, it can be done quite easily) or read your e-mail, US law enforcement agencies must still obtain a search warrant approved by a judge, based on probable cause that you are involved in illegal (not necessarily terrorist) activity.
But obtaining information on "traffic data"—the origination or destination address for e-mails or list of Web sites you visit—is much easier. Indeed, police need only stipulate that such data is relevant to a criminal investigation. And, with the technology the FBI is currently using, it is almost impossible to review only traffic data and not ALSO the content of the messages. Customer payment records—finding the identity behind an e-mail address—don't require a warrant, either.
What's more, the grossly misnamed "USA PATRIOT Act" permits US Internet Service Providers (ISPs) to "voluntarily" disclose information connected to any "immediate threat to a national-security interest" to police. Since this law came into effect in 2002, requests from government agencies for ISPs to "voluntarily" relinquish e-mail and browsing data have grown exponentially.
The newly enacted Homeland Security Act goes a step further. It permits voluntary disclosure to any federal, state or local government entity and removes any requirement that the ISP "reasonably believe" that an "immediate threat to a national-security interest" exists.
Yes, You Probably DO Have Something to Hide
You might be thinking, "But I'm not a terrorist…I don't do anything illegal or suspicious on my PC…I don't have anything to hide."
But consider…
* Have you ever looked on a search engine for word pairs such as "offshore" AND "privacy?" This could be viewed as evidence that you are considering illegally laundering terrorist assets offshore—even if your actual intent is merely to educate yourself on how to legally protect your privacy internationally. Your "patriotic" ISP disclosing this information to the IRS might result in a long and arduous tax audit.
* Have you ever visited a Web site that might be a target of a government investigation; e.g., one that explores "alternative views" of current events? This could be viewed as evidence of terrorist leanings and, if misinterpreted, result in the freezing of all your assets and your indefinite detention without arrest or trial under "emergency orders" signed by President Bush.
* Have you ever received a message or browsed to a Web site that someone—anyone—might believe to be indicate that you are breaking the law—any law? For instance, millions of Americans visit online pornography or gambling sites daily. Yet many of them are unknowingly violating state and federal laws against child pornography or online gambling. If for any reason your ISP has a grudge against you—or win brownie points from police—it could "voluntarily" turn over browsing records to police, resulting in possible investigation, arrest, imprisonment and confiscation of your property.
Hollywood to the Rescue?
Or perhaps you occasionally use your PC to make copies of your own, legally acquired, CDs or DVDs. Perhaps you "burn" copies of your favorite CDs to listen to in your car, for instance. Or perhaps you duplicate DVDs so that you can keep one copy at your summer home and the master copy at your winter home.
These innocent actions, some entertainment companies believe, constitute "copyright theft." And in response, the next generation of PCs, for instance, will be equipped with CD and DVD players that incorporate a technology called "digital rights management" (DRM). Essentially, what they will do is "report back" to Hollywood whenever you make a copy of a copyrighted CD or DVD. Microsoft's newest operating system, Windows XP, incorporates DRM technology to streamline this process.
What's more, Hollywood is now demanding that digital broadcast "flag" be built into every new digital-TV receiver. This would allow copyright owners to track and/or designate which programming is copied to a PC—how often, and by whom.
The Bush Administration announced similar initiatives in its "cyber-terrorism" policy unveiled in January 2003. It includes a plan to require every Internet user to register their identity with their local Internet Service Provider and to provide a "live feed" of all Internet activity direct to law enforcement agencies, without a warrant. To make this possible, the FBI has developed new surveillance capabilities that aggregate Internet traffic in several key locations to facilitate eavesdropping. In this way, Hollywood and Big Brother are working hand-in-hand to terminate your PC privacy!
The newest initiative from Hollywood is the most threatening of all. Entertainment moguls are now sponsoring legislation that would give copyright owners the ability to break into your PC if you are SUSPECTED of a copyright violation. The copyright owner would have the right to "disable" or "destroy" offending content.
Imagine if you could do the same kind of thing where you live. You hear a dog barking all the time. You suspect it belongs to your neighbor, but you're not sure. You call your neighbor and she denies she even has a dog. Then you call the police to complain and nothing happens. So, after a few days, you break into the neighbor's home to "disable or destroy" the dog, perhaps with your .45 caliber revolver. Outrageous? Yes. But similar intrusions by copyright owners could soon be authorized by federal law.
Sun Microsystems CEO Scott McNealy spoke the truth when he announced in 2001, "You have zero privacy." But there is no reason to accept his proposed "solution" to this truth—to "get over it." There is a great deal you can do, right now, to protect your PC privacy from inquisitive investigators, nosy ISPs and remote attacks by the copyright police.
Tomorrow, I will share the second half of the article which will provide some suggestions for protecting your privacy.
and the groaning of the needy,
I will now arise," says the LORD.
"I will protect them from those who malign them." Psalm 12:5 (NIV)
If you have comments or questions, please feel free to contact me at the address below.
Email: DeltaInspire@panama-vo.com
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