Surveillance or Security?: The Risks Posed by New Wiretapping Technologies (61 page)

138. (p. 202) QWERTY, the absurd and counterintuitive keyboard layout, dates from
1874. It was adopted to prevent the most frequently typed letters from hitting each
other as they were pressed. Mechanical typewriters are long gone, but the QWERTY
keyboard, with its less-than-optimal layout, endures.

Chapter 9

1. (p. 203) Laura Donohue, The Cost of Counterterrorism: Power, Politics, and Liberty
(Cambridge: Cambridge University Press, 2008), 3.

2. (p. 203) The Universal Declaration of Human Rights was passed by the UN
General Assembly on December 10, 1948; Article 12 states:

"No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the
protection of the law against such interference or attacks."

3. (p. 204) In the 1970s, investigative work by New York Times reporter David
Burnham uncovered massive graft in the New York City Police Department (David
Burnham, "Graft Paid to Police Here Said to Run into Millions," New York Times,
April 25, 1970). The Knapp Commission conducted a major investigation into police
corruption, and there were multiple changes in the administration of the New York
City Police Department.

4. (p. 204) 406 U.S. 665 (1972).

5. (p. 204) 406 U.S. 665 (1972), 707.

6. (p. 204) 406 U.S. 665 (1972), 705.

7. (p. 204) 406 U.S. 665 (1972), 705-706.

8. (p. 205) Code of Federal Regulations §50.10.

9. (p. 205) U.S. Department of Justice, Office of the Inspector General, Oversight
and Review Division, A Review of the Federal Bureau of Investigation's Use of
Exigent Letters and Other Informal Requests for Telephone Records (January 2010),
92-95.

10. (p. 205) Oversight and Review Division, FBI Use of Exigent Letters, 116-121.

11. (p. 205) Jed Rubenfeld, "The End of Privacy," Stanford Law Review, 61, no. 1
(October 2008), 129.

12. (p. 206) In 1914 the U.K. Parliament passed home rule for Ireland; World War
I intervened before the law was implemented. The Protestant counties in the north
of the country objected and instead the nation was partitioned. There was home
rule for the Republic of Ireland (the southern two-thirds of Ireland), while the
northern counties were to be part of the United Kingdom.

13. (p. 206) On August 9, 1971, the Northern Ireland security forces arrested 342
people; on February 14, 1972, they arrested an additional 2,447 (Donohue, Cost of
Counterterrorism, 37).

14. (p. 206) Donohue, Cost of Counterterrorism, 38.

15. (p. 206) Dermot Walsh, Bloody Sunday and the Rule of Law in Northern Ireland
(New York: St. Martin's Press, 2000), 12.

16. (p. 207) John F. Burns, "British Premier Apologizes for 'Bloody Sunday' Killings
in 1972," New York Times, June 15, 2010.

17. (p. 207) Donohue, Cost of Counterterrorism, 26.

18. (p. 207) Steven M. Bellovin, Matt Blaze, Whitfield Diffie, Susan Landau, PeterNeumann,
and Jennifer Rexford, "Risking Communications Security: Potential Hazards of the
`Protect America Act,"' IEEE Security and Privacy 6, no. 1 (January/February 2008), 30.

19. (p. 207) Lichtblau and Risen, "Officials Say U.S. Wiretaps Exceeded Law," New
York Times, April 15, 2009, Al.

20. (p. 207) This occurred during a meeting on the Protect America Act, October
25, 2007.

21. (p. 207) A particularly striking example of this occurred in the United Kingdom,
where the Regulation of Investigatory Powers Act (RIPA), which, while greatly
expanding the scope of the government's ability to conduct surveillance, still limited
it to criminal and national-security cases. RIPA was applied to a family that the local
government believed had given a false address in order to enroll their three-year-old
in a favored nursery school. The family's daily car trips and sleeping habits were
monitored by police to determine the family's actual place of residence ("Spying on
You for Your Own Good," The Guardian Weekly, April 18, 2008, 14).

22. (p. 207) James Duff, Report of the Director of the Administrative Office of the United
States Courts on Applications for Delayed-Notice Search Warrants and Extensions (July 2,
2009), 8.

23. (p. 207) This decision was made by the National Security Division, the FBI's
counter foreign intelligence division. The 2010 Inspector General report expressed
concern: "We believe that inaccurate statements to the FISA Court are serious
matters. They also affect the credibility of representations made by the government." (Oversight and Review Division, FBI Use of Exigent Letters, 128).

24. (p. 208) James Baker, "Spying on the Home Front," PBS Frontline (March 2, 2007).

25. (p. 208) Matthew Aid, Secret Sentry: The Untold History of the National Security
Agency (New York: Bloomsbury Press, 2009), 249.

26. (p. 208) Samantha Power, "The Democrats and National Security," New York
Review of Books, August 14, 2008, http://www.nybooks.com/articles/archives/2008/
aug/ 14/the-democrats-national-security/.

27. (p. 208) William A. Owens, Kenneth W. Dam, and Herbert S. Lin, Technology,
Policy, Law, and Ethics Regarding U.S. Acquisition and Use of Cyberattack Capabilities
(Washington, DC: National Academies Press, 2009), 18.

28. (p. 208) Henry Landau, The Enemy Within (New York: Putnam, 1937), 77-91.

29. (p. 209) Mitchell Silber and Arvin Bhatt, Radicalization in the West: The Homegrown Threat (New York: New York City Police Department, 2007), 82.

30. (p. 209) Christopher Dickey, Securing the City: Inside America's Best Counterterror
Force-the NYPD (New York: Simon & Schuster, 2009), xi.

31. (p. 209) Michael Cooper, "Ex-CIA Spy Chief to Run Police Intelligence," New
York Times, January 25, 2002.

32. (p. 209) Mitchell Silber and Arvin Bhatt, Radicalization in the West: The Homegrown Threat (New York City Police Department, 2007), S.

33. (p. 209) Silber and Bhatt, Radicalization, 84.

34. (p. 209) Silber and Bhatt, Radicalization, 22-53.

35. (p. 210) Silber and Bhatt, Radicalization, 7-8.

36. (p. 210) Susan Landau, "National Security on the Line," Journal of Telecommunications and High Technology Law, 4, 2 (Spring 2006), 442.

37. (p. 210) Dickey, Securing the City, 213-214.

38. (p. 210) (p. 210) Dickey, Securing the City, 212.

39. (p. 210) Silber and Bhatt, Radicalization, 49.

40. (p. 210) Dickey, Securing the City, 272.

41. (p. 211) Dickey, Securing the City, 96.

42. (p. 211) Dickey, Securing the City, 64-65.

43. (p. 211) Don Van Natta Jr., Elaine Sciolino, and Stephen Grey, "In Tapes, Receipts,
and a Diary, Details of a British Terror Case," New York Times, August 28, 2006.

44. (p. 211) Christopher Caldwell, "Counterterrorism in the U.K.; After Londonistan," New York Times, June 25, 2006.

45. (p. 211) Scott Shane, "Pakistan Detains Five Americans in Raid Tied to
Militants," New York Times, December 9, 2009.

46. (p. 212) Landau, National Security on the Line, 442.

47. (p. 212) Jane Mayer, "The Trial: Eric Holder and the Battle over Khalid Sheikh
Mohammed," New Yorker, February 15 and 22, 2010, 56.

48. (p. 212) Paul Starr, The Creation of the Media of the Media: Political Origins of
Modern Communications (New York: Basic Books, 2004), 3.

49. (p. 212) Starr, Creation of the Media, 159.

50. (p. 212) Landau, "National Security on the Line," 446.

51. (p. 212) Landau, "National Security on the Line," 446.

52. (p. 213) David Fromkin, A Peace to End All Peace (New York: Holt, 1989), 240.

53. (p. 213) Ashok Bardhan and Cynthia Kroll, "Competitiveness and an Emerging
Sector: The Russian Software Industry and its Global Linkages," Industry and Innovation 13, no. 1 (March 2006), 69-95:

54. (p. 213) Jagdish Bhagwati, "Made in China," New York Times, February 18, 2007.

55. (p. 214) Will Hutton, "Power, Corruption, and Lies," guardian.co.uk, January 8, 2007.

56. (p. 214) Bhagwati, "Made in China."

57. (p. 214) Edward Wong, "After Long Ban, Western China Is Back Online,"
New York Times (May 14, 2010).

58. (p. 214) Richard Stone, "Internet Blockade Puts a Strain on Science," Science 326
(December 11, 2009): 1471.

59. (p. 214) Bhagwati, "Made in China."

60. (p. 215) Bruce Berkowitz and Allan Goodman, Best Truth: Intelligence in the Information Age (New Haven, CT: Yale University Press, 2000), 75.

61. (p. 215) Joseph Nye, "Peering into the Future," Foreign Affairs, July/August 1994,
86-88.

62. (p. 215) Berkowitz and Goodman, Best Truth, 4.

63. (p. 215) Nye, "Peering into the Future," 86-88.

64. (p. 216) Nye, "Peering into the Future," 4. While the United States was taken
by surprise by the Indian nuclear tests in 1998, not everyone else was. An "obscure
anti-Indian newsletter," Charhdi Kala International, reported "feverish" activity at the
site (Nye, "Peering into the Future," 2).

65. (p. 216) Bobby Inman, in a hearing on January 19, 1996, of the Commission on
the Roles and Responsibilities of the United States Intelligence Community, Preparing
for the 21st Century: An Appraisal of U.S. Intelligence (Washington, DC: Government
Printing Office, March 1, 1996), http://www.fas.org/irp/commission/testinma.htm.

66. (p. 217) Treverton, Reshaping National Security, 215.

67. (p. 217) Treverton, Reshaping National Security, 113.

68. (p. 217) Treverton, Reshaping National Security, 133.

69. (p. 217) Patrick Ball, affidavit in Atlanta Division of the American Civil Liberties
Union of Georgia et al. v. Zell Miller, in his official capacity as Governor of the State of
Georgia, et al., File No. 96-CV-2475-MHS (October 9, 2003).

70. (p. 217) U.S. Department of Justice, The Electronic Frontier: The Challenge of
Unlawful Conduct Involving the Use of the Internet: A Report of the President's Working Group on Unlawful Conduct on the Internet (March 2000), http://www.justice.gov/
criminal/cybercrime/unlawful.htm.

71. (p. 218) Shirin Ebadi, Iran Awakening (New York: Random House, 2007), 194.

72. (p. 218) Alexa.com, http://www.alexa.com/siteinfo/google.com.

73. (p. 218) U.S. Department of State, "Global Internet Freedom Task Force (GIFT)
Strategy: A Blueprint for Action," December 20, 2006.

74. (p. 219) Kenneth Dam and Herbert Lin, Cryptography's Role in Securing the
Information Society (Washington, DC: National Academy Press, 1996), 6.

75. (p. 219) Ellen Nakashima, "Cybersecurity Plan to Involve NSA Doesn't Breach
Employee Privacy Administration Says," Washington Post (September 19, 2009).

76. (p. 219) Siobhan Gorman, "U.S. Plans Cyber Shield for Utilities, Companies,"
Wall Street Journal, July 8, 2010.

77. (p. 219) Paul Ohm, "The Rise and Fall of Invasive ISP Surveillance," University
of Illinois Law Review 2009 Volume, no. 5 (2009): 1433.

78. (p. 219) Ohm, "The Rise and Fall of Invasive ISP Surveillance," 1432, 1439-
1440.

79. (p. 220) British Telecom ran such experiments using Phorm. For an explanation
of the technology, see Richard Clayton, "The Phorm `Webwise' System," May 18,
2008, www.cl.cam.ac.uk/--rncl/080518-phorm.pdf.

80. (p. 220) Clayton, "The Phorm `Webwise' System," 1450.

81. (p. 220) The one exception to this is that some people may use a different ISP
at home and at the office. In that case, each ISP will have a remarkably detailed
record of your behavior.

82. (p. 221) Timothy Garton Ash, "The Stasi Could Only Dream of Such Data,"
Manchester Guardian Weekly, February 8, 2008, 19.

83. (p. 221) 18 U.S.C. §2511(2)(a)(i).

84. (p. 221) Robert Mueller, testimony before U.S. Congress, House of Representatives, Committee on the Judiciary, Federal Bureau of Investigation, Part II, One Hundred
and Tenth Congress, Second Session, April 23, 2008, Serial No. 110-99.

85. (p. 221) Ohm, "The Rise and Fall of Invasive ISP Surveillance," 487.

86. (p. 222) Landau, The Enemy Within, 77-91.

87. (p. 222) Landau, The Enemy Within, 92.

88. (p. 223) Tony Judt, "What Have We Learned, If Anything?", Washington Post,
May 1, 2008.

Chapter 10

1. (p. 225) Hurricanes are classified by their maximum sustained wind speed. A
category 3 storm has wind speeds of 111-130 miles an hour; a category 4, 131-155;
and a category 5, in excess of 156. The recent severe hurricanes to hit the United
States include: 1992, Andrew, category 5; 1995, Opal, category 3; 1996, Fran, category 3; 2004, Charley, Ivan, and Jeanne, all category 3.

2. (p. 225) Even mundane weather events like ice storms can have remarkably severe
effects.

3. (p. 225) Paul Parmofak, Vulnerability of Concentrated Critical Infrastructure: Background
and Policy Options, CRS Report for Congress, RL33206 (updated: September 12, 2008), 9.

4. (p. 225) Katrina sharply intensified when passing over the warm waters in the
Gulf of Mexico.

5. (p. 226) One can plausibly argue that the flooding of New Orleans after Hurricane
Katrina was a human-made disaster; whether it was or not (and I side with those
who say it was) does not matter for this analysis.

6. (p. 226) Committee on the Internet under Crisis Conditions, Computer Science
and Telecommunications Board, National Research Council, The Internet under Crisis
Conditions: Learning from September 11 (Washington, DC: National Academies Press,
2003), 23-24.

7. (p. 226) John Rendleman, "Despite Its Losses, Verizon Went Right Back to Work
Restoring Communications Services," Information Week, October 29, 2001.

8. (p. 226) Committee on the Internet under Crisis Conditions, The Internet under
Crisis Conditions, 36-37.

9. (p. 226) Committee on the Internet under Crisis Conditions, The Internet under
Crisis Conditions, 38.

10. (p. 227) Committee on the Internet under Crisis Conditions, The Internet under
Crisis Conditions, 38.

11. (p. 227) Committee on the Internet under Crisis Conditions, The Internet under
Crisis Conditions, 23-24.