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punishing an intermediary would stop people being nasty to each
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punishing an intermediary would stop people being nasty to each
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other.
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other.
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Any new regulations around
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Any new regulations around controlling abusive or harmful
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behaviours online must start with changing user's behaviours. If
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there is no attempt to change behaviour, then abusive people will
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simply work around the controls and continue to abuse.
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** CONSTODO Investigation support
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** CONSTODO Investigation support
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In response to the live-streaming of that horrific shooting dead of
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more than 50 people in New Zealand earlier this year, that country
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has proscribed the video recorded by that white supremacist
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terrorist as "objectionable", making it a criminal offence to share
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it[fn:banNotice:https://www.classificationoffice.govt.nz/news/latest-news/christchurch-attacks-press-releases/#christchurch-attack-video-footage-and-document-has-been-banned-in-nz-what-this-means-for-you].
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While one can understand the thinking that sharing the material
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could only be done by people who support the atrocity, this is not
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necessarily true. Other reasons to share the video or portions of
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it might include
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- to appeal for help in finding someone caught up in the masssacre
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- Legitimate news reporting of such an event.
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- to help investigate the shooting and its circumstances
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- training for law enforcement or terrorism- or disaster-response
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personnel.
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However, if the law says that no form of sharing is permitted, then
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none of the entirely legitimate purposes would be possible, and the
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world would be that bit less safe as a result.
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** CONSTODO Encrypted services
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** CONSTODO Encrypted services
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Some believe that if end-to-end encryption services that prevent
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security services from accessing material were banned or
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controlled, there would be less abusive behaviour online. This is
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not true, nor is it a good public policy.
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Encryption is just mathematics, and it knows neither whether its
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use is for ill or good. However, when you consider the extent to
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which encryption is being used -- every website that uses =https=
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as part of its address encrypts the traffic between itself and its
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users, and that is nearly every website around the world -- the
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good uses vastly outnumber the bad uses. If people are forced to
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use an encryption system that has been modified to make it easy for
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security services to gain access to the messages, it means that all
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the good, innocent uses of encryption are at risk. Recent news that
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Russian spies managed to infiltrate the
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FBI[fn:Oath:https://news.yahoo.com/exclusive-russia-carried-out-a-stunning-breach-of-fbi-communications-system-escalating-the-spy-game-on-us-soil-090024212.html
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(Please note that to access this story the user has to agree to
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many hundreds of forms tracking or spend many up to an hour
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examining those forms and disabling each one individually. It is
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recommended that this story be access using "Incognito" or "Private
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Browsing" mode in order to be protected against tracking).],
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highlights how unreliable are assurances from security services
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that they can keep secrets such as the keys to all encryption safe
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from harm.
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All it takes is one determined intruder, and all the good uses of
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encryption are put at risk in order to safe money and effort on
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investigating illegal activities.
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I have written a number of articles on this matter providing more
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details:
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- [[http://www.gibiris.org/eo-blog/posts/2015/03/12_the-value-of-encryption.html][The value of encryption]]
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- [[http://www.gibiris.org/eo-blog/posts/2015/03/18_how-can-encryption-be-regulated.html][How can encryption be regulated]]
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- [[http://www.gibiris.org/eo-blog/posts/2018/08/21_you-cant-stop-people-from-using-encryption.html][You just can't stop people from using encryption, so stop trying]]
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- [[http://www.gibiris.org/eo-blog/posts/2018/08/22_stop-people-from-using-encryption-postscript.html][Post-script on why you should stop trying to stop people from
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using encryption]]
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- [[http://www.gibiris.org/eo-blog/posts/2018/09/04_some-questions-5-eyes-countries-what-can-they-do.html][Some questions for the "5 Eyes" countries on what they think they
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can do]]
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* CONSTODO Answers to consultation questions
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* CONSTODO Answers to consultation questions
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The follows are some answers to the questions posed in the call for
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The follows are some answers to the questions posed in the call for
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submissions.
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submissions.
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