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Communications

Use Tor, Get Targeted By the NSA 451

An anonymous reader sends this news from Ars Technica: "Using online anonymity services such as Tor or sending encrypted e-mail and instant messages are grounds for U.S.-based communications to be retained by the National Security Agency, even when they're collected inadvertently, according to a secret government document published Thursday. ...The memos outline procedures NSA analysts must follow to ensure they stay within the mandate of minimizing data collected on U.S. citizens and residents. While the documents make clear that data collection and interception must cease immediately once it's determined a target is within the U.S., they still provide analysts with a fair amount of leeway. And that leeway seems to work to the disadvantage of people who take steps to protect their Internet communications from prying eyes. For instance, a person whose physical location is unknown—which more often than not is the case when someone uses anonymity software from the Tor Project—"will not be treated as a United States person, unless such person can be positively identified as such, or the nature or circumstances of the person's communications give rise to a reasonable belief that such person is a United States person," the secret document stated.'"
Encryption

In UK, Two Convicted of Refusing To Decrypt Data 554

ACKyushu clues us to recent news out of the UK, where two people have been successfully prosecuted for refusing to provide authorities with their encryption keys, resulting in landmark convictions that may have carried jail sentences of up to five years. There is uncertainty in that the names of the people convicted were not released; and without those names, the Crown Prosecution Service said it was unable to track down details of the cases. "Failure to comply with a section 49 notice carries a sentence of up to two years jail plus fines. Failure to comply during a national security investigation carries up to five years jail. ... Of the 15 individuals served, 11 did not comply with the notices. Of the 11, seven were charged and two convicted. Sir Christopher [Rose, the government's Chief Surveillance Commissioner] did not report whether prosecutions failed or are pending against the five charged but not convicted in the period covered by his report."

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