Thursday, February 9, 2012

Hand over privacy or say goodbye to your Black Berry

August 3, 2010 by  
Filed under LAW, Pay Attention, POLITICS, Tech and Geek

Smartphone users in countries all over the world could lose some privacy if threats and promises by foreign nations to shut down BlackBerry services goes through, analysts say. 

On Sunday, the UAE (United Arab Emirates) threatens to be the 1st country to block access to e-mail, web browsing and text messages on the popular smartphone on October 11 if its owner, Research In Motion, doesn’t provide government access for security investigations. 

And on Tuesday, the Saudi Communications and Information Technology Commission asked mobile communications companies in Saudi Arabia to halt BlackBerry service in the kingdom beginning August 5, the official Saudi Press Agency reported. 

“The impact can be huge if this thing continues to go forward,” said Kevin Burden, a vice president and mobile-industry analyst with ABI Research. “If something like this holds up, you can expect governments in other emerging markets to follow suit.” 

Burden cited reports that governments in countries such as China, India and Kuwait already are considering similar requirements, and Western countries such as USA and Canada are sure to be watching closely.The threatened October 11 ban would affect more than a half-million BlackBerry users in the UAE. 

If BlackBerry access is blocked, other secure phones would no doubt follow, Burden said. For consumers, the UAE controversy represents a growing battle between digital companies and governments over data security. 

While companies like BlackBerry want to ensure their users’ privacy, governments increasingly want access for “security reasons”. 

BlackBerry messages are encrypted to keep them from being deciphered by anyone who might intercept them. Other companies, like Google, have added encryption — in Google’s case, after some private data was compromised, setting off a public spat with China’s government. 

While various companies have agreed to offer “back doors” for governments when they’re investigating potential security threats, BlackBerry’s stock in trade has been privacy. 

In a written statement to CNN on Monday, RIM said it operates in 175 countries and does not comment on the talks it has with governments about privacy rules. 

“RIM respects both the regulatory requirements of government and the security and privacy needs of corporations and consumers,” the statement said. 

“RIM assures its customers that it is committed to continue delivering highly secure and innovative products that satisfy the needs of both customers and governments.” 

Burden expects RIM to seek support between now and October by making the case that a UAE ban would hurt other businesses and consumers, not just its own. 

“[A ban] ultimately would be a very bad thing for RIM and it would be a bad thing for a lot of corporate e-mail systems as well,” he said. “The reason we’re all willing to use our BlackBerrys — why our own government and the U.S. Congress can do it — is that there is this promise that this is secure information. “If you strip away that confidence, those are huge implications.”  

What Is US Policy on Cell Phone Privacy?Athough the start of the Blackberry ban is for users in the Middle East, USA can easily follow suit with the same ban on its users. Actually, it already has.

The US Supreme Court has found that the First Amendment allows an illegally intercepted cell phone conversation to be shared with others when the conversation involves matters of significant public interest. The lesson here is to be careful because technology has increased the chances that your cell phone conversations are being recorded and could be made public or used against you.

The Federal Bureau of Investigation (FBI) and the National Security Agency (NSA) can subpoena the cell phone company for phone records without a prior warrant as a result of the 2001 Patriot Act in order help prevent acts of terrorism. They can also wire tap, that is, listen and record your cell phone conversations. Moreover, the Patriot Act makes it illegal for the cell phone company that has delivered your records to the FBI or NSA to make it publicly known or even discuss the fact that your phone records have been investigated.

Your cell phone company is required by law to comply with subpoenas that request the records.

This provision of the Patriot Act specifically allows “roving wiretaps” against suspected spies and terrorists. The government says it has long had this type of flexibility in criminal cases, and that such authority is needed in dealing with technologically sophisticated terrorists.

Surveillance experts point out, however, that criminal wiretaps must “ascertain” whether the person under investigation is going to be using the device before the tap takes place. Civil liberties groups say the language of the Patriot Act could lead to privacy violations of anyone who comes into casual contact with the “suspect“. Especially since there is no concrete definition of what a “terrorist” is.

Funniest thing of this is that privacy changes like these were outlawed during Obama’s presidental campaign, yet he signed to renable and enforce the Patriot Act in March 2010. Interesting

For more on how the Bush/Obama Patriot act changes your privacy and alters your amendment rights, be sure to come back for future editorials.

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Comments

One Response to “Hand over privacy or say goodbye to your Black Berry”
  1. avatar George says:

    This an excellent reason to always use encrypted communications whenever you can. For voice, use Skype. For email, use TrulyMail. There are tools to make it virtually impossible for others to know what you are saying / writing.

    If a tool starts leaking your private matters to the government then find another tool.

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