Dark Reading is part of the Informa Tech Division of Informa PLC

This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them.Informa PLC's registered office is 5 Howick Place, London SW1P 1WG. Registered in England and Wales. Number 8860726.

Comments
Snowden: Hollywood Highlights 2 Persistent Privacy Threats
Newest First  |  Oldest First  |  Threaded View
<<   <   Page 2 / 2
jries921
100%
0%
jries921,
User Rank: Ninja
9/24/2016 | 10:18:29 AM
Secret law
Technically, there is no such thing, but in Common Law jurisdictions like the USA, judicial precedents have something akin to the force of law, so they must be taken into consideration.  I think there are some things Congress can do to help matters:

1.  Strip FISC of its status as a court of record (meaning that its decisions could not be cited as precedent).  This would mean that FISC decisions would be guided entirely by publicly available statute law and appellate court rulings, not by its own precedents.

2.  Abolish the appellate court established by FISA (which has AFAIK, has only considered a handful of cases since it was established in 1979) and transfer appellate jurisdiction over FISC to the Federal Circuit, which would publish digests of its opinions dealing with cases appealed from FISC in the manner suggested in the article (opinions would be completely declassified when secrecy is no longer required; perhaps after 10 years by default, with the President having authority to extend the period up to five years at a time for a given case).  Cases could be further appealed to the Supreme Court in the usual manner.

A third item could probably only be done by order of the President, but I think it would help enormously:

3.  Make all legal opinions issued by the Justice Department for the general guidance of federal employees public record.  Advice on specific cases would continue to be confidential.  This would help to allay the suspicion that the Federal government is operating on the basis of secret rules, rather than publicly available statute and judicial precedents.

A fourth item could probably be done by act of Congress:

4.  Require any settlements of civil cases in which the US government or its civil officers (in their official capacities) are defendants to be made public record.  This would eliminate a category of "secret law" in the form of confidential consent decrees, which are sometimes alleged to govern federal policy in a number of areas, such as environmental protection.  Settlements of cases in which the federal government is the plaintiff and one or more private citizens are defendants could be partly or completely sealed by a court if it decides that such is necessary to protect privacy.

I suspect that others have other ideas.
Souheil.M
50%
50%
Souheil.M,
User Rank: Apprentice
9/23/2016 | 11:14:50 AM
A good read on Snowden case !
I hope this film will be providing a real opportunity for Snwoden to be pardoned and more comprehension of what he has done !

Anyway, this article is a good point to explain that we can't sacrifce our own privacy in the name of whatever reason !. In addition, I think this kind of intelligence practice will very likely continue to exist...
<<   <   Page 2 / 2


Edge-DRsplash-10-edge-articles
I Smell a RAT! New Cybersecurity Threats for the Crypto Industry
David Trepp, Partner, IT Assurance with accounting and advisory firm BPM LLP,  7/9/2021
News
Attacks on Kaseya Servers Led to Ransomware in Less Than 2 Hours
Robert Lemos, Contributing Writer,  7/7/2021
Commentary
It's in the Game (but It Shouldn't Be)
Tal Memran, Cybersecurity Expert, CYE,  7/9/2021
Register for Dark Reading Newsletters
White Papers
Video
Cartoon
Current Issue
The State of Cybersecurity Incident Response
In this report learn how enterprises are building their incident response teams and processes, how they research potential compromises, how they respond to new breaches, and what tools and processes they use to remediate problems and improve their cyber defenses for the future.
Flash Poll
Twitter Feed
Dark Reading - Bug Report
Bug Report
Enterprise Vulnerabilities
From DHS/US-CERT's National Vulnerability Database
CVE-2020-22392
PUBLISHED: 2021-08-05
Cross Site Scripting (XSS) vulnerability exists in Subrion CMS 4.2.2 when adding a blog and then editing an image file.
CVE-2021-3591
PUBLISHED: 2021-08-05
** REJECT ** DO NOT USE THIS CANDIDATE NUMBER. ConsultIDs: none. Reason: This candidate was withdrawn by its CNA. Notes: none.
CVE-2021-3642
PUBLISHED: 2021-08-05
A flaw was found in Wildfly Elytron where ScramServer may be susceptible to Timing Attack if enabled. The highest threat of this vulnerability is confidentiality. This flaw affectes Wildfly Elytron versions prior to 1.10.14.Final, prior to 1.15.5.Final and prior to 1.16.1.Final.
CVE-2021-3655
PUBLISHED: 2021-08-05
A vulnerability was found in the Linux kernel in versions before v5.14-rc1. Missing size validations on inbound SCTP packets may allow the kernel to read uninitialized memory.
CVE-2021-32003
PUBLISHED: 2021-08-05
Unprotected Transport of Credentials vulnerability in SiteManager provisioning service allows local attacker to capture credentials if the service is used after provisioning. This issue affects: Secomea SiteManager All versions prior to 9.5 on Hardware.