Blayne Sucks

One of the most highly charged pieces of legislation that has been passed by Congress in recent years is the Protect America Act. Probably the only good thing about it is the sunset provision that ensures it will expire in its current form unless Congress acts to renew it or make it permanent. That debate will be soon; the act was extended yesterday for another 15 days.

I haven’t commented about this much because there’s been quite a bit of coverage of it in the mainstream media. If you have somehow managed to avoid that coverage, and landed on this blog (Hi Mom!) the 15-second summary of the Protect America Act is that it allows the NSA to skip the established process of getting a warrant to wiretap communications by using an entirely internal process of reviewing the need for the wiretap. The White House wants this legislation because they believe the current process of obtaining a warrant is too slow for present needs.

Furthermore, there will be debate on a second major initiative of the White House: retroactive immunity for the companies involved in recently allowing illegal wiretaps. The 15-second summary of this situation is that an AT&T employee blew the whistle on a secret room that was setup to see all the data sent over the Internet for AT&T and several other companies. There is a class-action lawsuit against the companies and the Bush administration would like to get them off the hook by making their actions legal after the fact.

If you would like a quick overview of the situation as of November to catch yourself up on what might be on the news in the next two weeks, check out this YouTube video:

There are many places to go for more information on these issues. The Center for Democracy and Technology has an excellent guide on the amendments. EPIC spotlights surveillance issues here. The EFF has more information on warrantless surveillance here.

However, the best resource and the primary reason I chose to make a blog post about this topic is the paper entitled “Risking Communications Security: Potential Hazards of the Protect America Act” by Steven Bellovin, Matt Blaze, Whitfield Diffie, Susan Landau, Peter Neumann, Jennifer Rexford that will appear in the Jan/Feb issue of IEEE Security and Privacy Magazine. If you only read one article linked from this post, the Risking Communications paper is the one to pick. Matt Blaze has a post about their article, as does Steven Bellovin.