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[liberationtech] Skype Open Letter: CALL FOR SIGNATORIES

Grégoire Pouget gregoire at rsf.org
Thu Jan 17 01:29:01 PST 2013


We'd like to see the final / rewritten version of the letter first but
Reporters Without Borders <http://rsf.org> would be happy to sign it.

Best,


Le 17/01/2013 08:01, Nadim Kobeissi a écrit :
> Thanks for your expert advice, Chris. We're currently in the process
> of reworking the letter with assistance from the EFF and we'll take
> what you said into consideration.
>
>
> NK
>
>
> On Thu, Jan 17, 2013 at 1:58 AM, Christopher Soghoian
> <chris at soghoian.net <mailto:chris at soghoian.net>> wrote:
>
>     You may want to consider rewriting your law enforcement/government
>     surveillance section:
>
>         As a result of the service being acquired by Microsoft in
>         2011, it may now be required to comply with CALEA due to the
>         company being headquartered in Redmond, Washington.
>         Furthermore, as a US-based communication provider, Skype would
>         therefore be required to comply with the secretive practice of
>         National Security Letters.
>
>
>     You don't articulate why being subject to CALEA is bad. Are the
>     people signing the letter arguing that law enforcement should
>     never have access to real-time intercepts of skype voice/video
>     communications? If so, say that, and why. If not, CALEA merely
>     mandates access capabilities, it doesn't specify under what
>     situations the government can perform an interception,
>
>     Also, if you want to raise the issue of secretive surveillance
>     practices, NSLs wouldn't be at the top of my list (yes, they don't
>     require a judge, but they can at best be used to obtain
>     communications metadata). I would instead focus your criticism of
>     the fact that US surveillance law does not sufficiently protect
>     communications between two non-US persons, and in particular, the
>     government can intercept such communications without even having
>     to demonstrate probable cause to a judge. Specifically, non-US
>     persons have a real reason to fear FISA Amendments Act of 2008
>     section 702
>
>         Section 702 of the FISA Amendments Act of 2008 ("FAA"),
>         codified as 50 U.S.C. 1181a, which allows the Attorney General
>         and the Director of National Intelligence ("DNI") to authorize
>         jointly the targeting of non-United States persons for the
>         purposes of gathering intelligence for a period of up to one
>         year. 50 U.S.C. 1881a(1). Section 702 contains restrictions,
>         including the requirement that the surveillance "may not
>         intentionally target any person known at the time of
>         acquisition to be located in the United States." 50 U.S.C. §
>         1881a(b)(1). The Attorney General and DNI must submit to the
>         FISC an application for an order ("mass acquisition order")
>         for the surveillance either before their joint authorization
>         or within seven days thereof. The FAA sets out a procedure by
>         which the Attorney General and DNI must obtain certification
>         from FISC for their program, which includes an assurance that
>         the surveillance is designed to limit surveillance to persons
>         located outside of the United States. However, the FAA does
>         not require the government to identify targets of
>         surveillance, and the FISC does not consider individualized
>         probable cause determinations or supervise the program.
>         (from: http://epic.org/amicus/fisa/clapper/)
>
>
>     While I am happy to provide feedback, I'm in no way authorized to
>     sign on to this letter on behalf of the ACLU. 
>
>
>
>     On Wed, Jan 16, 2013 at 11:58 AM, Nadim Kobeissi <nadim at nadim.cc
>     <mailto:nadim at nadim.cc>> wrote:
>
>         Dear Privacy Advocates and Internet Freedom Activists,
>
>         I call on you to review the following draft for our Open
>         Letter to Skype and present your name or the name of your
>         organization as signatories:
>
>         http://www.skypeopenletter.com/draft/
>
>         The letter will be released soon. Feedback is also welcome.
>
>         Thank you,
>         NK
>
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-- 
Grégoire Pouget,
New Media Desk // Bureau Nouveaux Médias
Reporters Without Borders // Reporters sans frontières
@fightcensors_en @fightcensors_fr
GPG ID : 2BBC1ECE

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