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[liberationtech] Skype Open Letter: CALL FOR SIGNATORIES

Nadim Kobeissi nadim at nadim.cc
Fri Jan 18 08:26:01 PST 2013


Okay everyone,
the *final draft* has been posted online, with the gracious collaboration
of the EFF. Please take a look at it, make sure you want to keep your
signature there (or add it!)

http://www.skypeopenletter.com/draft/

We'll be publishing next week.


NK


On Thu, Jan 17, 2013 at 4:29 AM, Grégoire Pouget <gregoire at rsf.org> wrote:

>  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>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> 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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>>>
>>
>>
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>
>
>
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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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