Tor developer dodges FBI, leaves US
money.cnn.com
money.cnn.com
Tor Project distributes binaries, though. So it's not unreasonable to immediately hop on a flight to leave the country permanently. Once they hand you a national security letter (or use some other leverage), not sure what effective recourse you have. I think it would be like dodging service in a lawsuit (which can work).
What non-content information could they have wanted from her?
I'd do it.
You can't NSL "how does TOR work?" or "give me the encryption keys to X."
What an NSL can do is say "give me a list of emails sent by XYZ@yourdomain.com" and you aren't allowed to tell anyone.
What verifiable evidence do you have that no NSLs have been issued demanding encryption keys, or that all such NSLs have been successfully challenged in court?
Probably the fact that that simply isn't what NSLs are for.
Encryption keys are most definitely "content".
For foreign companies, they sent the black bag operators of CIA or ISA to get job done. ISA is an interesting outfit to have coming after you or your data.
So, she could legally be compelled to do something disuptive to catch criminals like Feds do all the time in physical spaces (esp hotels). Thing is, leaving to avoid that might put her at risk of what's used outside jurisdiction. Fleeing was a bad move.
No, its not. FISA (the Foreign Intelligence Surveillance Act) is a real law.
FISA creates two courts, the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review.
> "Lovecruft had intended to move to Germany someday, but she put those plans on overdrive."
Quite the opposite of people disappearing you. Now that she's in Europe, the CIA's jurisdiction, she's at greater risk of this happening in form of thug violence against Americans, tourists, whatevet. I'm guessing that's uncommon to rare step, too, so dont know risk level
In jail she might die on accident just because your jails murder people for fun. Or she might get murdered purposefully - for eg deny medical care... Written on a broken phone, sorry for any typos
I doubt she's at risk of serious stuff but she's outside FBI's more limited scope now. Instead, if they escalate, local authorities will grab and extradite her with assistance if needed from CIA or NSA. Probably none will be needed past local cops if she thinks presence in Germany is safe from US authorities.
History has shown that geographic location is no protection from the CIA. MKULTRA being a clear example of obviously illegal activity. But I really doubt that the CIA would be interested in a TOR developer, that is NSA territory. While the NSA has a much less colorful history, they do burgle when they feel they need to.
https://en.wikipedia.org/wiki/CIA_activities_in_the_United_S...
ISA, yes. CIA, no - or at best extremely rarely. The CIA keeps what it pulls from the military, the NSA by comparison is a revolving door and relies heavily on loaned assets. For TAREX you can pretty easily find the USMC MOS that regularly gets loaned out, they don't even try to hide it. If the NSA wanted something they'd be much more likely to use resources from the host nation, not ISA and especially not CIA.
https://edwardsnowden.com/docs/docs/tarex-class-guide.pdf
Pg 2, change 1: this is very telling - as they've basically redefined the mission statement in order to avoid the association.
Pg 3: NSA HUMINT is from the US Army command. Bonus info - this is the primary point of connection to the other services (USMC CI being a good example).
Pg 7: TAREX personnel are loaned to CIA operations, not the other way around.
Besides that, the history and culture of the two (NSA and CIA) are very important to keep in mind. The NSA is very old school military, it is structured that way and it behaves that way. The CIA is a very different animal, to the point where comparing the two is like comparing the FBI to the National Park Service.
http://nsarchive.gwu.edu/NSAEBB/NSAEBB506/
It's Sentry Osprey in ECI leaks that mentions TAREX and CIA assets. So, my memory was right. SCS is just a hunch, though, as it's a natural collaboration point that has massive SIGINT resources too.
https://theintercept.com/document/2014/10/10/national-initia...
Far as NSA vs CIA, I'm well aware of that. CIA's history back to Wild Bill is well-documented. Here's NSA's in case you missed the declassification:
http://usafssdad.com/files/The-Early-History-of-NSA.pdf
Note: This tangent gone on too long so I'm backing out. Hope the docs are enlightening. Thanks for your tips.
The Department of the Navy developed the original Tor.
The State Department helped fund it (because it can be used by dissidents in countries with authoritarian governments).
The US intelligence apparatus has allegedly funded ways to analyze and/or sabotage anonymous usage of Tor.
How are those rose-tinted spectacles working out :)
"It was originally developed with the U.S. Navy in mind, for the primary purpose of protecting government communications"
Regarding the rest, that might happen, it might not happen, and yet people still get off with decent attorneys. Again, police investigations involve lots of probability. You play the odds to your benefit. If you're worried about that stuff, then leave America for some country that has no problems in its judicial proceedings plus whatever freedoms and economic opportunities you need. Do it now. Don't wait till a FBI agent is interested in you or you're on their List.
Lovecruft had intended to move to Germany someday, but she put those plans on overdrive. She booked a flight to Berlin that weekend, including a return flight she had no intention of taking -- just to avoid raising suspicions.
On Dec. 7, without seeing family or friends, she took a taxi to San Francisco International Airport. She nervously made her way past TSA agents wearing a $1 pair of blue-green aviator sunglasses, unsure if she was breaking any laws by leaving the country.
She changed her plans and (apparently) intentionally masked her intentions. It's an obnoxious headline, but it doesn't seem to be particularly inaccurate.
> "I was worried they'd ask me to do something that hurts innocent people -- and prevent me from telling people it's happening," she said in an exclusive interview with CNNMoney.
This is also fairly convincing:
> Lovecruft had intended to move to Germany someday, but she put those plans on overdrive. She booked a flight to Berlin that weekend, including a return flight she had no intention of taking -- just to avoid raising suspicions.
> I had already been in the process of moving, permanently, to Germany, and had retained a German immigrations lawyer several months prior to these events. [1]
It's not like she just impulsively thought about Germany and left that week. Yes, it was a catalyst, but it seems to me that she was already on the fence, ready to leave. She even said she was waiting for her visa approval to be accepted after the FBI had made a request to interview her.
She bought a return ticket she did not intend to use, to throw the FBI off her trail. She would not have done that if not to avoid the FBI. Given this, and her own statements in the CNN article, the evidence that she timed her departure to avoid contact with the FBI is overwhelming.
From what I read in the news the EU is tightening their borders quite a bit and is reinstating intra-EU border control to deal with the refugee crisis so that won't help either.
Ok, Tor's success & team's safety is often brought up in NSA, FBI, & so on discussions but shouldn't be. It's exceptional. It was created to protect military comms. CIA-connected and State Dept found great use for it. Plenty of support from powerful groups just as much as opposition from NSA and FBI. Harder to attack legally as crypto-export exempts apps for resisting censorship, it's non-profit, and source is out there. Technically, it will stop opponents government fans use it against but often fail in reality against NSA or FBI. Potentially. Concept is called NOBUS and they like those things. So, Tor is exceptional in the sense that it's unlikely to get strong, legal or technical attack... destructive attack... by U.S. government's scariest. Less, but some, risk for its developers as well.
Another background is U.S. legal system. Ours is an adversarial system where anything you say to cops can be ignored or used against you as highest form of eyewitness testimony (confession) for conviction. What you say that assures innocence is hearsay and tossed out. Feds and prosecutors can use any number of lies and scams... including fake jobs or deals... to trick you into confession. The result is that around 97% never make it to trial: plea bargained as they appear to have no hope of winning. Prosecutors especially like to make severe examples out of hackers with Aaron Schwartz a recent example. Defense attorneys advice: never talk to the police or consent to searchers. Repeatedly ask for lawyer.
So, we have a woman... idk her so going by the article... that works on Tor project or software. Implies she might be a hacker or possess such skills. An organization that absolutely hates hackers, activists, and Tor contacts her needing help. She and her lawyer agree to meet them to see what's up but they want her alone. They try to contact her directly despite her insistence on a lawyer. At this point, it's either a legitimate request for assistance on a case or they're building a case against her while trying for an early confession or strong evidence using a common tactic. She can't know since they won't tell her. And can legally lie.
She decided to flee to Germany. They'll at least have to present some evidence to get her extradited. She feels she might avoid the NSL's or any forced backdoors over in Germany. She was also going to go over there anyway. So, that's her decision.
Now, it might be a bad idea. One, if FBI's interest was good or small bad, her running to another country just put her on a bad list they keep. Two, running when cops show up indicates guilt to many judges and juries. Three, any protections she has if FBI or NSA target her within American jurisdiction disappeared the moment she left. She can now be targeted by German authorities, NSA, CIA, and Army. It's unlikely outside of electronic eavesdropping or extradition given what I said about Tor being special. So, likely outcomes are that they'll ignore her or we'll find out what they're wanting with higher odds of conviction if it's a charge since she fled.
That's the situation as I see it after studying these organizations for a long time. I'm also operating with very limited information about her and her situation. So, I only have so much confidence in the conclusions.
[0]: http://www.zeit.de/politik/deutschland/2013-10/nsa-uerberwac... (German)
[1]: https://de.wikipedia.org/wiki/Alliiertes_Vorbehaltsrecht (also German)
Whatever her reasoning, she chose the same destination as people like Jacob Applebaum who "[...] has moved to Berlin, where he has applied for residence authorization; his stated reasons include that he doesn't want to go back to the USA because he doesn't feel safe and that privacy protections are better in Germany than in the US. In December 2013, Appelbaum said he suspected the U.S. government of breaking into his Berlin apartment." [0]
What "faced the music"? That idiom implies she did something wrong. She's fearful of gagged coersion, not necessarily of being charged with a crime.
All she has to do is stop contributing to the Tor Project if she is coerced, but apparently she is more interested in moving to a country that has values more closely aligned with the Tor Project. Yes, the German government could potentially use similar coercive means, the CIA could do it while she is in Germany, or the US judicial system could extradite her (but AFAIK that would require charges being brought).
"He stole very important information that has fallen into the wrong hands so I think he should not be brought home without facing the music." --Hillary Clinton
http://www.theguardian.com/us-news/2015/oct/13/clinton-sande...
John Kerry: "Edward Snowden is a coward, he is a traitor and he has betrayed his country, and if he wants to come home tomorrow to face the music, he can do so"
Nancy Pelosi: "I think he should come back and face the music for what he did … [but] the music shouldn’t be the death penalty or life in prison."
All Democrats, I notice.
[1] http://www.ibtimes.co.uk/tor-developer-isis-agora-lovecruft-...
[2] https://github.com/isislovecruft/patternsinthevoid/blob/mast...
Which is precisely the point -- Lovecruft, justifiably, had no way of knowing what the government operatives had in mind, and wanted from her; whether it was something comparatively insipid and harmless (just some junior investigators throwing darts, and checking boxes on a list someone gave them); or something all-out insane and pernicious, like what they did to Swartz.
Would she be woken up at 6 a.m., and made to watch as agents ransacked her apartment, confiscating anything that looked like personal notes, and anything that looked like a digital device? Would she be strip-searched, and held in solitary confinement for hours (even after family and friends posted bail), or longer, with no explanation? Would she face the prospect of indefinite imprisonment if she refused to disclose the passphrases to any of her encrypted devices?
Would she be pressured into providing testimony against her friends and collaborators -- and/or "turning" outright, and becoming a paid informant? Would she hold her ground? Would she break?
Any of the above was a very real possibility. Which is why this is anything but a "non-story."
Has the FBI done this before? I could see the CIA doing this to foreign nationals, and obviously that's horrible, but has the FBI done anything like that? I'm not saying they haven't, I would just like an example or two.
Whether the FBI was involved in that particular aspect of his ordeal, I can't say.
Did you not read the article?
>Lovecruft told CNNMoney she had been willing to meet the FBI with her attorney present. But Rosenfeld was told by agents that they would circumvent him and approach Lovecruft directly.
It's also clear you didn't read the article entirely before making a comment that now acts to distract and misinform.
No it wasn't. Unless you are engaged in a criminal acts, the likelihood of the FBI arresting you are pretty damn slim. Sure it probably happens all the time, but there are 300 million Americans. The chances that it happens to any given person are nil.
The fact that the FBI reached out first is a pretty big clue that they she wasn't a target of an investigation. You don't subpoena the targets of the investigation.
But it sure sucks for the people it does happen to, and your odds sure shoot right up when FBI agents start to threaten you.
So, her situation may be anything from a help request to compelled assistance to imprisonment in making. Who knows. However, any defense lawyer would tell her to not talk to FBI alone under any circumstance or volunteer assistance that makes her look criminal if taken out of context before a jury. Her lawyer is happy to hear their questions and mediate answers. So far, they wanted to bypass him. That's reason for concern.
Yes, having personally dealt with the FBI while in the US and having been on the receiving end of some extraordinarily shady tactics from them. (I.e. MLAT requesting my arrest and claiming that I social engineered the FBIs Las Vegas field office for personal information on the agents that previously raided me) I'm very familiar how the US adversarial system works.
>So, her situation may be anything from a help request to compelled assistance to imprisonment in making. Who knows. However, any defense lawyer would tell her to not talk to FBI alone under any circumstance or volunteer assistance that makes her look criminal if taken out of context before a jury. Her lawyer is happy to hear their questions and mediate answers. So far, they wanted to bypass him. That's reason for concern.
While I certainly don't think her concerns deserve this much attention, I'm not questioning their validity. Of course you should be concerned if the FBI is trying to contact you!
But seriously, this isn't FBI agents threatening her (although trying to bypass ones lawyer is certainly unethical). This is FBI agents trying to contact her for whatever reason, that is not a threat from the FBI though.
A FBI agent coming up to you and yelling about how he's going to ruin your life is most certainly a threat, and again something which I've personally been on the receiving end of.
This is the crux of our disagreement and where I'm not totally disagreeing. We both say in various comments they might just want to talk to her. So, at this point, it can't be considered a threat with any certainty.
Given how they work, though, it's reasonable to consider it a probable threat if they (a) claim they want help, (b) want no lawyer present, and (c) [important] haven't offered or accepted immunity (at least NDA) for whatever goes on. The defense attorney on Don't Talk to Police mentioned that last one in case of IRS. "They just want to talk and not arrest/convict? Ask for immunity for whatever comes up. They left? That figures."
So, she shouldn't have fled. We have too little information to know if they intend to threaten or just get assistance. Yet, if they have malicious intent, they often don't do it the way they did you. Many of them gently lure a person in to do their own social engineering to connect remaining dots or get the golden confession for fast trial. Then, the crazy shit starts. This happens so much it should be a top consideration if they call you being nice.
So, the real question is, how does one assess at this point whether it's malicious or benign? It's an open question unfortunately. I'd consider going straight to the FBI field office with my lawyer to talk to an agent. We'd record the conversation. If it's questioning about me, I'd ask for termination of that line of questioning or immunity for anything involving me. If they won't do either, I leave and then treat them as a threat. I'd definitely get someone to talk to them first just to see how they act, though, before considering leaving.
https://news.ycombinator.com/item?id=11643246
This whole situation feels like the FBI pressuring this person so that they can get the information they want out of her while avoiding their legal obligations.
They have consistently demonstrated their willingness to break the law when it is inconvenient for them, as well as actively working to expand their power and authority at any expense.
1. Raid of Tor Exit node - http://www.npr.org/sections/alltechconsidered/2016/04/04/472...
2. Hair Follicle Analysis - http://www.theguardian.com/us-news/2015/apr/21/fbi-jail-hair...
3. Manufacturing Evidence - https://theintercept.com/2016/05/05/fbi-told-cops-to-recreat...