Manual The Butterfly Effect: It started on 9/11

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Is the Butterfly Effect Real?

Second, companies, advocates, and policymakers need to resist the imposition of broad and ill-defined technological design mandates on communications services and products. Even the U. And third, companies, advocates, and policymakers should insist on appropriate legal process for any governmental access to users' communications; in other words, no snooping without a just cause. And companies making deals with governments to gain market access should be thinking about advancing user privacy rights and the rule of law as much as possible. Companies are reluctant to be more transparent when it comes to shedding light on negotiations with governments.

After all, one doesn't want to give terrorists a blueprint for shielding their own communications. But the relationships between governments and service providers need to be more open. UAE officials argue they aren't asking for anything that service providers aren't already providing access to in the U.

The Butterfly Effect

The UAE points to the mandates in the U. Communications Assistance to Law Enforcement Act CALEA , which requires telecommunications carriers to build into their networks an easy way for law enforcement agencies to listen in.

Although CALEA has some flaws, it is just the opposite of what we're seeing in demands made by the UAE and offers a much better approach to dealing with government demands. CALEA is a democratically enacted law implemented by the Federal Communications Commission, whose decisions are in turn subject to judicial review. It is unlikely that the UAE provides equivalent checks and balances on government design demands. In addition, CALEA specifically recognizes the importance of unbreakable encryption to both commerce and human rights: CALEA includes a provision expressly stating that the Act gives the US government no authority to require a telecommunications carrier to design its encryption in such a way that the government can decrypt communications.

When assessing the robustness of civil liberties protections, the other important component is the underlying standard and process that controls government authority to use those design features in the lawful interception of someone's communications.

The Butterfly Effect, Part 2*

In the U. That goes for national security concerns, too. While I'm no expert in UAE law, I have serious doubts that the Emirates have a truly independent judiciary or an equivalent system of checks and balances. Not to imply that users and companies operating in the U. And here in the U. Another would be to update the Electronic Communications Privacy Act. National security policies that give short shrift to civil liberties place global technology companies in the difficult position of deciding which national laws to comply with and which laws to challenge.

And transparency is tough for a corporation to pull off alone.

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