Low-level federal judges balking at law enforcement requests for electronic evidence

http://www.washingtonpost.com/local/crime/low-level-federal-judges-balking-at-law-enforcement-requests-for-electronic-evidence/2014/04/24/eec81748-c01b-11e3-b195-dd0c1174052c_story.html

Low-level federal judges balking at law enforcement requests for electronic evidence

Judges at the lowest levels of the federal judiciary are balking at sweeping requests by law enforcement officials for cellphone and other sensitive personal data, declaring the demands overly broad and at odds with basic constitutional rights.

This rising assertiveness by magistrate judges — the worker bees of the federal court system — has produced rulings that elate civil libertarians and frustrate investigators, forcing them to meet or challenge tighter rules for collecting electronic evidence.

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Feds Beg Supreme Court to Let Them Search Phones Without a Warrant

http://www.wired.com/?p=774771

Feds Beg Supreme Court to Let Them Search Phones Without a Warrant

Illustration: mattjeacock/Getty ImagesIllustration: mattjeacock/Getty ImagesAmerican law enforcement has long advocated for universal “kill switches” in cellphones to cut down on mobile device thefts. Now the Department of Justice argues that the same remote locking and data-wiping technology represents a threat to police investigations–one that means they should be free to search phones without a warrant.

In a brief filed to the U.S. Supreme Court yesterday in the case of alleged Boston drug dealer Brima Wurie, the Justice Department argues that police should be free to warrantlessly search cellphones taken from suspects immediately at the time of arrest, rather than risk letting the suspect or his associates lock or remotely wipe the phone before it can be searched.

The statement responds to briefs made to the court by the Center for Democracy and Technology and the Electronic Frontier Foundation arguing that warrantless searches of cellphones for evidence represents a serious violation of the suspect’s privacy beyond that of a usual warrantless search of a suspect’s pockets, backpack, or car interior.

“This Court should not deprive officers of an investigative tool that is increasingly important for preserving evidence of serious crimes based on purely imaginary fears that police officers will invoke their authority to review drug dealers’ ‘reading history,’ … ‘appointments with marital counselors,’ or armed robbers’ ‘apps to help smokers quit,’” reads the statement written by DOJ attorney Donald Verrilli Jr., responding to specific examples cited by the CDT.

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British Spy Chiefs Secretly Begged to Play in NSA’s Data Pools

https://firstlook.org/theintercept/article/2014/04/30/gchq-prism-nsa-fisa-unsupervised-access-snowden/

British Spy Chiefs Secretly Begged to Play in NSA’s Data Pools

Britain’s electronic surveillance agency, Government Communications Headquarters, has long presented its collaboration with the National Security Agency’s massive electronic spying efforts as proportionate, carefully monitored, and well within the bounds of privacy laws. But according to a top-secret document in the archive of material provided to The Intercept by NSA whistleblower Edward Snowden, GCHQ secretly coveted the NSA’s vast troves of private communications and sought “unsupervised access” to its data as recently as last year – essentially begging to feast at the NSA’s table while insisting that it only nibbles on the occasional crumb.

The document, dated April 2013, reveals that GCHQ requested broad new authority to tap into data collected under a law that authorizes a variety of controversial NSA surveillance initiatives, including the PRISM program.

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Quantum Cryptography Done Over Shared Data Line

Researchers have sent quantum keys over a "lit" fiber-optic network, a step towards using quantum cryptography on the networks businesses and institutions use every day.

A group of U.K.-based research groups last week said the demonstration opens the door to more research that will make the technology more commercially viable. The researchers were from Toshiba Research Europe, BT, ADVA Optical Networking, and the U.K.'s National Physical Laboratory (NPL).

In quantum cryptography, the keys to unlock the contents of communications are represented with photons. It starts with a laser that sends a pair of photons over a fiber-optic network.The polarization of photonswhether theyre oscillating horizontally or vertically, for examplecan be detected by a receiver and read as bits, which are used to generate the same encryption key at both ends of the network connection. If an interloper attempts to intercept the keys to decrypt a message, the receiver will be able to detect a change, according to the laws of quantum mechanics. If that happens, the receiver can reject the keys and the message stays encrypted.

Until now, quantum key distribution (QKD) has been done over dark fiber, or unused optical fiber lines, which means that a separate fiber optic line is needed for transmitting other data. But dark fiber networks are not always available and are expensive. Being able to transmit quantum keys over a lit fiber network means that institutions and businesses will be able to run quantum cryptography over their existing networking infrastructure, the researchers said.

"Using techniques to filter out noise from the very weak quantum signals, we've shown that QKD can be operated on optical fibers installed in the ground and carrying conventional data signals," said Andrew Shields from Toshiba Research Europe in a statement.

The National Physics Laboratory developed a series of measurements for identifying individual particles of light from the stream of photons sent over a fiber-optic line. That will allow the system to detect attempts to intercept the transmission of keys, which should improve customer confidence in quantum cryptography, said Alastair Sinclair from the National Physics Laboratory in a statement.

The test was conducted over a live BT fiber link between its research campus in Suffolk and another BT site in Ipswich, U.K. In an interview with Nature, Toshiba's Shields said the quantum key distribution was done alongside data transmitted at 40 gigabits per second, the fastest multiplexing of regular data with quantum keys to date. But he notes that implementing QKD in the "real world" is more challenging than a laboratory environment because there are environmental fluctuations that can cause data loss in fiber lines.

Another technical challenge facing widespread use of QKD is the distance keys can be sent. Light pulses sent over a fiber optic line fade, which means that key distribution can only be done at a distance of about 100 kilometers. (See Long-Distance Quantum Cryptography.) But as governments and companies seek out the most secure ways to send data, quantum cryptography could become an appealing option.

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Quantum Cryptography Done Over Shared Data Line

Clooney’s fiance and Assange?

In this Thursday, Nov 24, 2011 file photo, lawyer Amal Alamuddin, left, is seen walking alongside WikiLeaks founder Julian Assange as they leave Belmarsh Magistrates Court in south east London after his extradition hearing to Sweden to be prosecuted over claims of sexual assault.Reuters

Amal Alamuddin may forever be known as the woman who altered bachelor George Clooneys views on marriage, but before her name was making headlines alongside Clooneys, the lawyer was linked to another very prominent man: Julian Assange.

In 2011, she represented the WikiLeaks founder during his fight against extradition to Sweden.

Assange was ultimately granted political asylum by Ecuador.

Amal is a friend and a lawyer with a global perspective who is not afraid to deal with corruption of power or to tackle politicized cases, Assange told the London Evening Standard.

Mark Stephens, one of her colleagues, told the Standard that her high-profile cases have often put her in the spotlight.

Shes used to being in the limelight and doing difficult and complex and politically tricky cases, he said. She is a fabulously bright woman, shes independent, and has a Rolls-Royce mind.

The Beirut-born, Oxford University-educated attorney has advised former U.N. Secretary-General Kofi Annan on Syria and helped ex-Ukrainian Prime Minister Yulia Tymoshenko challenge her imprisonment.

Alamuddin was first photographed with Clooney late last year.

The Associated Press contributed to this report.

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Clooney's fiance and Assange?

Amal Alamuddin’s connection to Julian Assange

In this Thursday, Nov 24, 2011 file photo, lawyer Amal Alamuddin, left, is seen walking alongside WikiLeaks founder Julian Assange as they leave Belmarsh Magistrates Court in south east London after his extradition hearing to Sweden to be prosecuted over claims of sexual assault.Emag.co.uk

Amal Alamuddin may forever be known as the woman who altered bachelor George Clooneys views on marriage, but before her name was making headlines alongside Clooneys, the lawyer was linked to another very prominent man: Julian Assange.

In 2011, she represented the WikiLeaks founder during his fight against extradition to Sweden.

Assange was ultimately granted political asylum by Ecuador.

Amal is a friend and a lawyer with a global perspective who is not afraid to deal with corruption of power or to tackle politicized cases, Assange told the London Evening Standard.

Mark Stephens, one of her colleagues, told the Standard that her high-profile cases have often put her in the spotlight.

Shes used to being in the limelight and doing difficult and complex and politically tricky cases, he said. She is a fabulously bright woman, shes independent, and has a Rolls-Royce mind.

The Beirut-born, Oxford University-educated attorney has advised former U.N. Secretary-General Kofi Annan on Syria and helped ex-Ukrainian Prime Minister Yulia Tymoshenko challenge her imprisonment.

Alamuddin was first photographed with Clooney late last year.

The Associated Press contributed to this report.

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Amal Alamuddin’s connection to Julian Assange