After reading a post in my buddy’s blog (and the articles that post links to) about National Security Letters I started to get more and more irate. Apparently, our government sends out thousands and thousands of letters to Libraries, Web hosts, and the like, saying, “We’re the government, we’re fighting terrorists, so give us everything you have about this person. Also, you’re not allowed to tell anyone about this, not even your lawyer.” This is not like a search warrant, because there is no judicial oversight.
The FBI’s use of national security letters to get information on Americans without a court order increased from 16,804 in 2007 to 24,744 in 2008. The 2008 requests targeted 7,225 U.S. people.
Those are all requests for personal information with no warrant, no need for probable cause, and no right to legal counsel even for the people who are not themselves under investigation. I’m not a trained legal scholar, but good lord, this can’t possibly be constitutional.
Well, it’s not like I have anything to hide, but if my ISP got served with one of these letters, would they turn over the information, or would they fight? Would Google protect the emails mouldering in that account that I rarely check? What about my Web hosting provider? I would love to see each entity that has my personal information publicly state that they will not turn over information without due process.
The only way this governmental bullying will be stopped is if everyone agrees not to be intimidated.
On a personal level, I’ve decided to start a policy of encrypting my emails. Not because there’s anything incriminating in there, but because if only secrets are encrypted, then everyone knows where the secrets are. And really, it’s nobody’s business but mine what I put in private correspondence. If everyone encrypted all their messages, the constitutional rape called National Security Letters would be pointless.
Toward that end I have installed Gnu Privacy Guard, which is based on OpenPGP (Pretty Good Privacy), a system which can withstand any attacks feasible at this time (naturally as computing power increases, the encryption must be made ever-more sophisticated).
It takes two to pass a secret message, however. I’m not able to encrypt messages to people who do not also have GPG or PGP installed, and who do not have my public key. The system works with a pair of keys – one I keep secret and another that everyone can see. When the message is encoded using one key, it can be decoded using the other. So if I have your public key, I can encode a message that only you can read.
It’s a bit of a hassle to set up GnuPG (available for Mac, Windows, and Linux), but once you have your key generated and all the pieces in place, it’s pretty transparent to use. My public key is now available on many servers, so once you have the plugin to your email program installed, it’s easy to load.
You can learn more through the link called “Jerry’s public key” on the sidebar in the top section. Please join me in taking the teeth out of National Security Letters and the bullying bureaucrats that use them.
Addendum: Comcast’s privacy policy states that they will not disclose information without a subpoena, warrant, or “other valid legal process”. Then they go on to say they will also disclose information if they think “the disclosure of information is necessary to prevent financial loss“. That means they reserve the right to sell out their customers if they think they could end up incurring legal costs to protect them. Sigh.
