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A TRAITOR, AN EAVESDROPPER, AND A MORAL DILEMMA
Free Republic Original Content | June 15, 2013 | by Laz A. Mataz

Posted on 06/15/2013 2:08:07 PM PDT by Lazamataz

Earlier this year, Edward Snowden went to The Guardian, who then published an article on June the 6th that had numerous damning revelations about the National Security Agency.

Edward Snowden broke an oath he had sworn, and revealed that the NSA had committed acts of domestic espionage far beyond anything most people had ever suspected. He revealed that data about the phone calls of millions of Americans, the entire customer base of Verizon, had been collected and stored in perpetiuty. Experts concluded that the same records were likely collected and stored by the NSA, from most or all of the other telephone carriers.

There are no white-hat-wearing good guys in this story.

Edward Snowden violated an oath of secrecy. Some, including the Speaker of the House John Boehner, have called him a traitor. While I cannot go that far, I do consider his actions unacceptable and unethical.

Yet the NSA has systematically violated the privacy of almost every American who use the telephone. These actions are also unacceptable and highly unethical.

And therein lies the moral dilemma. It seems there is no one to root for in this story. On one hand, we have a man who violated his personal integrity and his oath; and on the other, we have an agency who has overstepped the boundaries most Americans find tolerable with regards to privacy.

Few phone calls were listened to, although a small number were. However, much information can be gleaned by a complete record of who a person calls, and how often, and when. This information should never be collected or kept, unless a warrant is issued for a particular person and for a specific law enforcement reason. While a warrant is rumored to have been issued, if it exists, it was done in secret and it is unacceptably broad. It covers all Americans, even the vast majority who are not under suspicion. It amounts to a fishing expedition. It is not how America is supposed to operate.

These actions by the NSA are violations of all of our privacy, on a grand scale, remind us of nothing so much as the East German Stasi -- that secret-police group in the formerly Communist state that kept tabs on the entire population to ferret out the few lovers of freedom and free markets.

Snowden has said a few things about his revelations:

While the actions of Edward Snowden were underhanded and immoral, the actions of our government were even more so -- simply because of the scale and the number of people affected.

There is an underreported aspect to the story of the NSA intercepts: Text messages and electronic text communications are kept in their entirity. This means that if you have sent a password or a credit card via electronic media of nearly any flavor, it now sits in the data centers of the National Security Agency. Furthermore, the ability and the opportunity to abuse this information against political opponents is huge, and this administration has already demonstrated a great propensity to target its political opposition with any tool at their disposal (c.f., the targetting of 'Tea Party' and "Patriotic" 501-c political action organizations).

Congress must rein the NSA in. The President has already said he won't, and the Democrat-controlled Senate cannot be counted on to do the right thing.


TOPICS: Constitution/Conservatism; FReeper Editorial
KEYWORDS: benghazi; fastandfurious; impeachnow; irs
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To: sargon

Thank you, kind sir. Your observations are spot-on.


51 posted on 06/15/2013 5:12:53 PM PDT by Lazamataz ("AP" clearly stands for American Pravda. Our news media has become completely and proudly Soviet.)
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To: MHGinTN

:)

I NEED COOKIES!


52 posted on 06/15/2013 5:13:14 PM PDT by Lazamataz ("AP" clearly stands for American Pravda. Our news media has become completely and proudly Soviet.)
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To: yefragetuwrabrumuy
In common law, unlawful contracts are not binding.

True. However, it is not unlawful to have someone sign a contract not to share national secrets. The secrets turned out to be horrific, in this case, but the contract was lawful.

Snowden committed a crime that pales in comparison to the (unfortunately legal) criminality of the NSA.

53 posted on 06/15/2013 5:15:26 PM PDT by Lazamataz ("AP" clearly stands for American Pravda. Our news media has become completely and proudly Soviet.)
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To: BykrBayb

Ultimately, we the people have a right to know what is being done on our behalf. I’ll choose daylight and freedom over security.


54 posted on 06/15/2013 5:16:40 PM PDT by refermech
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To: BuckeyeTexan; All
Drip..... drip..... drip.....
55 posted on 06/15/2013 5:17:53 PM PDT by Lazamataz ("AP" clearly stands for American Pravda. Our news media has become completely and proudly Soviet.)
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To: DB

Why sure I believe Snowjob is in China.


56 posted on 06/15/2013 5:18:09 PM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
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To: Marcella

Canivore, Echelon, Hippa. You never heard of these?

Not taking a swipe at you. A question.


57 posted on 06/15/2013 5:20:05 PM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
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To: humblegunner

>> In 2013 the facts come out that the bad guys have been scarfing data for years.. and we should be newly pissed about it TODAY?

Obamacare will be far worse than anything the NSA could tap and reveal. Furthermore, at least the NSA is a body of intelligent individuals unlike the mindless bureaucrats we should expect to manage Obamacare.


58 posted on 06/15/2013 5:26:14 PM PDT by Gene Eric (Don't be a statist!)
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To: Lazamataz

Yeah, so do I. I’m tryin’ to cut back ... if I bake ‘em I eat ‘em. The expression ‘little round man’ is starting to sound like a BOLO in my ear.


59 posted on 06/15/2013 5:28:50 PM PDT by MHGinTN (Being deceived can be cured.)
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To: MHGinTN

LOL


60 posted on 06/15/2013 5:35:02 PM PDT by Lazamataz ("AP" clearly stands for American Pravda. Our news media has become completely and proudly Soviet.)
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To: Lazamataz

Laz, I would imagine the moral dilemma over Edward Snowden and his actions could be likened to the Founding Fathers.

They broke the law too, but they felt they answered to a Higher Power, and that liberty for them and unborn generations was worth more than life.

Many of the firebrands of the American Revoultion were clergymen, so the whole moral dilemma matrix is nothing new.

I come down on the side of applauding Mr. Snowden’s actions.
Our government exceeded the bounds of its authority, knowingly, willingly, and multiple times, without regard to our Constitutional rights or legal limits put in place by law.

Further amplifying this theme is the following article from today, show that the NSA can listen in on our phone calls on an anlayst’s whim, warrants be damned:

http://freerepublic.com/focus/f-news/3031810/posts

Lead paragraph from the source article:

“The National Security Agency has acknowledged in a new classified briefing that it does not need court authorization to listen to domestic phone calls.
Rep. Jerrold Nadler, a New York Democrat, disclosed this week that during a secret briefing to members of Congress, he was told that the contents of a phone call could be accessed “simply based on an analyst deciding that.”

Note also this chilling paragraph from the source article:

“Earlier reports have indicated that the NSA has the ability to record nearly all domestic and international phone calls — in case an analyst needed to access the recordings in the future. A Wired magazine article last year disclosed that the NSA has established “listening posts” that allow the agency to collect and sift through billions of phone calls through a massive new data center in Utah, “whether they originate within the country or overseas.” That includes not just metadata, but also the contents of the communications.
William Binney, a former NSA technical director who helped to modernize the agency’s worldwide eavesdropping network, told the Daily Caller this week that the NSA records the phone calls of 500,000 to 1 million people who are on its so-called target list, and perhaps even more. “They look through these phone numbers and they target those and that’s what they record,” Binney said.”

The drip, drip, drip technique of disclosures in now in effect.

If this government would purposely use the IRS top target political thought it did not agree with, there is no question it would use telephony and internet data against its perceived enemies as well.

The real moral dilemma is not about Edward Snowden.

The real moral dilemma is whether we understand that it is time to install new guards for our liberties, since the present ones have proven tyrannical, and what we are going to do about it.


61 posted on 06/15/2013 5:47:31 PM PDT by exit82 ("The Taliban is on the inside of the building" E. Nordstrom 10-10-12)
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To: Lazamataz

I’m not convinced by your argument, Laz.

He exposed numerous crimes and civil rights violations by the NSA fascists and the Marxist obuma administration against you and me. That trumps any oath to secrecy. In fact, if you look through the whistleblower legislation, he did the right thing. He’s a hero.

Sorry, I think your analysis is wrong.


62 posted on 06/15/2013 5:48:59 PM PDT by sergeantdave (No, I don't have links for everything I post)
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To: Lazamataz

As it stands now, what Snowden did doesn’t affect me negatively. That could change.

However, what the government has been doing through NSA and other agencies has affected me negatively.

Therefore, I stand in support of Snowden at this time.


63 posted on 06/15/2013 5:56:57 PM PDT by meyer (When people fear the government, you have Tyranny)
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To: Lazamataz
Rahab the harlot lied her whore ass off and was rewarded greatly for doing so. No moral dilemma whatsoever for doing the right thing.

Snowden broke his oath of secrecy to keep his greater oath to keep and uphold the US Constitution.

Whistle blower Snowden is a hero.

The MFers who consider teapartiers, patriots and Christians enemies of the state are the only bad guys here.

You know damn well if the IRS has it in for us so do the rest of this POS administration.

Around the same time as this story broke the Holder shitheads were spouting off how talking smack about islam was punishable.

Righteousness and evil are very clear to me here. Black and white, no gray.

64 posted on 06/15/2013 6:17:05 PM PDT by Manic_Episode (Some days...it's just not worth chewing through the leather straps....)
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To: exit82
Laz, I would imagine the moral dilemma over Edward Snowden and his actions could be likened to the Founding Fathers. They broke the law too, but they felt they answered to a Higher Power, and that liberty for them and unborn generations was worth more than life.

Yours is the single most salient, cogent point on this thread -- my article included.

65 posted on 06/15/2013 6:18:54 PM PDT by Lazamataz ("AP" clearly stands for American Pravda. Our news media has become completely and proudly Soviet.)
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To: Enterprise; Lazamataz
If nothing else, a contractor with a security clearance will sign documents wherein he agrees not to disclose classified information to unauthorized persons under penalty of heavy fines and imprisonment.

so i reckon the info he released, that the agency[ies] has willfully broken the law of the Constitution, is "classified" and not to be shared beyond said agency ???

kinda like cops not snitchin on each other for pocketing dope and cash ??? for info laz, what kind of *secrecy* clause is in yer contract ???

66 posted on 06/15/2013 6:20:07 PM PDT by Gilbo_3 (Gov is not reason; not eloquent; its force.Like fire,a dangerous servant & master. George Washington)
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To: Lazamataz

There’s a big difference between horrific and illegal. If what the NSA is doing is illegal, then it’s another kettle of fish.


67 posted on 06/15/2013 6:37:12 PM PDT by yefragetuwrabrumuy (Best WoT news at rantburg.com)
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To: Lazamataz

Your comment rendered me speechless, so I will just say a heartfelt “thank you”.


68 posted on 06/15/2013 6:40:55 PM PDT by exit82 ("The Taliban is on the inside of the building" E. Nordstrom 10-10-12)
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To: Gilbo_3
so i reckon the info he released, that the agency[ies] has willfully broken the law of the Constitution, is "classified" and not to be shared beyond said agency ???

Yes, and thus the moral dilemma.

kinda like cops not snitchin on each other for pocketing dope and cash ??? for info laz, what kind of *secrecy* clause is in yer contract ???

I am not to reveal passwords to databases or applications, methods of programmatic security, programmatic code or database design, the layout of the architecture (network or programmatic), nor details about the facility I work in or the campus on which it sits. I honor that promise and contract.

69 posted on 06/15/2013 6:41:13 PM PDT by Lazamataz ("AP" clearly stands for American Pravda. Our news media has become completely and proudly Soviet.)
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To: Lazamataz

when you are good, it borders great and dips excellence


70 posted on 06/15/2013 6:43:04 PM PDT by advertising guy (golf in june in Phoenix ? it's so dry, our gators use Gold Bond)
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To: Gilbo_3
"so i reckon the info he released, that the agency[ies] has willfully broken the law of the Constitution, is "classified" and not to be shared beyond said agency ???"

If the NSA collected information from around the world, and didn't disseminate it to parties who needed it, then there would be no need for the NSA. But it would put our armed forces at a constant disadvantage.

My suspicion is that Snowden took compartmented information that was unrelated to the work he was performing and for which he did not have the "need to know." In addition to information regarding the domestic gathering of phone records, he may have taken information regarding foreign operations. And THAT is the type of thing that we should all lose sleep over.

71 posted on 06/15/2013 6:49:48 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: Lazamataz

That is a beautifully presented, well thought out editorial piece, Lazamataz. Great job!


72 posted on 06/15/2013 6:58:59 PM PDT by TheOldLady
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To: TheOldLady

Thank you pooky!


73 posted on 06/15/2013 7:01:31 PM PDT by Lazamataz ("AP" clearly stands for American Pravda. Our news media has become completely and proudly Soviet.)
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To: Lazamataz
There is an underreported aspect to the story of the NSA intercepts: Text messages and electronic text communications are kept in their entirity. This means that if you have sent a password or a credit card via electronic media of nearly any flavor, it now sits in the data centers of the National Security Agency. Furthermore, the ability and the opportunity to abuse this information against political opponents is huge, and this administration has already demonstrated a great propensity to target its political opposition with any tool at their disposal (c.f., the targetting of 'Tea Party' and "Patriotic" 501-c political action organizations).

Truly, the IRS scandal is what magnifies the NSA scandal - a powerful branch of the government has already been used against political foes.

74 posted on 06/15/2013 7:52:33 PM PDT by Alamo-Girl
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To: Alamo-Girl

Well observed, Alamo-Girl. I hope you continue to provide these wonderful insights on my future editorial threads.


75 posted on 06/15/2013 7:56:20 PM PDT by Lazamataz ("AP" clearly stands for American Pravda. Our news media has become completely and proudly Soviet.)
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To: advertising guy

Thank you so much! :)


76 posted on 06/15/2013 7:56:41 PM PDT by Lazamataz ("AP" clearly stands for American Pravda. Our news media has become completely and proudly Soviet.)
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To: Lazamataz

de nada


77 posted on 06/15/2013 7:59:45 PM PDT by advertising guy (golf in june in Phoenix ? it's so dry, our gators use Gold Bond)
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To: Lazamataz

You are sooo kind to me, dear Laz, I have little to add and yet you encourage me. Thank you!


78 posted on 06/15/2013 8:04:36 PM PDT by Alamo-Girl
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To: Lazamataz; Marcella
Guess I get to give one of my history lessons on telecom and how we got here.
 
It's long so grab a drink.
 
"Snowjob" didn't really do anything other than give NSA's program a name "PRISM".  There are many such programs throughout the government.
 
There are various telecom laws that have been enacted since the 1934 Communications Act that enabled the government to do just what they have been revealed to be doing.
 
Which created the FCC, who could over see and regulate telecom and broadcasting.
 
This had the effect of creating monopolies by government fiat, as the FCC was to make broadcast and telecom regular throughout the states.
 
It also granted the government, for the 1st time, a lawful means of wiretapping:
 
"no person not being authorized by the sender shall intercept any communication and divulge or publish the existence, contents, substance, purport, effect, or meaning of such intercepted communications to any person."
 
The transimission of ten digits constitutes communication in that you authorize a carrier to originate a call from a phone number, which you own and they manage, to a number which someone else owns and is managed by the terminating carrier.
 
The terminating end receives your call and sees your ANI (automatic number identification) dispalyed.  This gives the party called information about who may be calling and You Transmitted That Message, from a number and device you own.  That is the 1st time you communicate with a person before a word is uttered.
 
 Keep this in mind later as you read so you understand the fullness of how government bureacrates justify views your 4th amendment and 1st.
 
Wire tapping wasn't against the law per se but, rather, the information gathered could not be divulged from a wiretap.  So government went on doing it anyway, much the way the are doing it today.  I believe the possession of a private transmission by anyone, in particular, a government without a lawful and sworn warrant is an abrigement of the 1st and 4th amendment.
 
The public became increasing aware of this and demanded more regulation over wiretapping and eavesdropping of their conversation.  They weren't specific enough about what they would not allow and government wanted to continue wiretapping and eavesdropping and they looked for ways to pass one thing that really was another.  So in 1968 OCCSSA was passed and you ended up with a further piercing of your 1st and 4th amendment rights, as pertains to transimission via wire or broadcasting:
 

To safeguard the privacy of innocent persons, the interception of wire or oral communications where none of the parties to the communication has consented to the interception should be allowed only when authorized by a court of competent jurisdiction and should remain under the control and supervision of the authorizing court.

 
So problem solved right?  Need to have proper jurisdiction and control by warrant to wiretap by Law Enforcement?
 
Maybe.  But at least with 1968 the wiretapping came under control and was now limited to a specific individual, for a specific time period(30 days) and for a specific number.  It basically got specific and limited how LEO's could obtain information.
 
 
Now here is the fun part of 1968:
 

Nothing contained in this chapter or Section 605 of the Communications Act of 1934 shall limit the constitutional power of the President to take such measures as he deems necessary to protect the Nation against actual or potential attack or other hostile acts of a foreign power, to obtain foreign intelligence information deemed essential to the security of the United States, or to protect national security information against foreign intelligence activities.  Nor shall anything contained in this chapter be deemed to limit the constitutional power of the President to take such measures as he deems necessary to protect the United States against the overthrow of the Government by force or other unlawful means, or against any other clear and present danger to the structure or existence of the Government. 

 
Sweet!  The Federal Government and the President alone can abrogate your rights but, local LEO!  Heavens to Betsy!  Our rights have been restored...NOT!
 
Let's skip a few other acts and go to 1978.
 
Here we get FISA aka The Foreign Intelligence Surveillance Act.  This granted the Feds a new and farther reaching power than 1934 and 1968.  Now they can get faster respone on warrants to sweep communications made to or received by US citizens or organizations who happen to be in this country and suspected of crimes or organizing crimes against the state and they can go to a special court that deals specifically with FISA and FISA alone.
 
Kind of like fastracking and the probable cause requirement was weakened to further expedite a warrant.
 
Fast forward again to the the 1986 Electronic Communications Privacy Act or (ECPA).  Right around this time, because of competition in telecom, all kinds of communications mediums are expanding to the consumer and businesses alike.  That is, they are becoming more affordable and common in the marketplace and these new services or technologies make communication faster and easier.
 
The government needs to get a handle on this and quick before they lose the lawful ability to monitor things like Cellular Phones(in your car), Faxing(no more suitcase), Paging(some quick messaging with limited characters displayed), email is now coming into use and othe services that were made unlawfully using things like DISA off a PBX or hybrid phone system.  Direct Inward Service Access allows you to call back into a switch or PBX and transfer to anywhere in the corportation and reach an intended party faster or simply get to voice mail which was now finally starting to work, thanks largely to the smart guys at a PBX company called ROLM, who were the 1st to make it work correctly.
 
It also allowed another nifty feature that criminals, terrorists and other miscreants were taking advantage of and that was while DISA allowed you to call anyone or device within a companies network, it also allowed you to transfer out of the PBX and make calls to anywhere.  Heck, if you didn't know DISA was enable on your PBX you would figure it when the phone bill came in for $thousands of dollars to countries like Pakistan, Afgahnistan, India, Mumbai, Mexico and countries all over South America.  It was pretty rampant for a while.
 
So ECPA now allowed the Federal government,which I believe at this time consists of largely the FBI and Secret Service to do really neat things like trap and trace or use pen registers to obtain numbers dialed and numbers dialed from.
 
The Secret Service had a trap and trace on our switch, at the long distance company I was working for at the time.  My recollection is that is wasn't in use all the time but, only for lawful and specific investigations.
 
This was made possible by:

Upon an application made under section 3122 of this title, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court if the court finds that the attorney for the Government or the State law enforcement or investigative officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.

 
So it kinduh sort came with some new limitations or did it?
 
Well, actually the law established a mechanism by which the government could now do what it called "Roving Wiretaps".  This enabled the government to tap "A Person" and the communications devices they use, anywhere, anytime.  How did criminals get around this?
 
Well, calling cards, call back services and Cell phones.   Calling cards could be used from say a payphone that one doesn't frequent.  You would dial a toll free number, then a PIN authorizing you to make a call and then you would make a call.  Afterward you would toss the card and go get some more.  NOT TRACEABLE at all at that time.  We can trace better today but, switching and routing technologies as well as advanced huereistics give us a better capability.
 
Call back services enabled you to essentiall do the same thing.  You call a toll free number and they complete your call.  Here however you use a credit card and you could get those anywhere, anytime back then.
 
Cell phones.  So at that time Cell Phones are either firmly in your car or carried as a bag phone.  Kewel thing here is two things.  They don't transmit the calling ANI to the PSTN as they are switched within the cell service providers network.  All the PSTN sees is the switch number and a Feature Group A or B origination code and they bill the service provider and the service provider bills you off the connection between them and the distant end.  The other kewel thing is how cell phones work.  As you move your phone would jump from tower to tower to tower.  No way to trace back then.
 
Sucks for feds but, there are some work arounds which is why they come up with CALEA in 1994.  Now you are screwed because all service providers must provide and pass not only ANI of transimission and receive to each other but, also how the call was routed. The whole routing. This gives the Feds more power to not only scrutinze your calling patterns and who you've called but, additional powers to Rove Tap but, still that wasn't enough for an ever voracious Fed looking for new tools that ensare criminals.
 
More directly communications were required by law to develop methods so as to make surveillance easier and not impeded that process.  It doesn't say it ecactly like that but, that is how it is interpreted and here's why:
 

A telecommunications carrier shall ensure that its equipment, facilities, or services…are capable of expeditiously isolating and enabling the government, pursuant to a court order or other lawful authorization, to intercept, to the exclusion of other communications, all wire and electronic communications carried by the carrier within a service area to or from equipment [and] to access call-identifying information.

 
Now, you would think the phone companies would be pissed about the government telling them how to make their equipement, at their cost, which provided no value to the end user or their customers.  Just another cost and and appendix to a system that no one asked for but, was imposed by law.
 
They were P.O.'d as hell.
 
So Congress mercifully handed over $500 million dollars of your tax money to pay for this.  Well, at least initially the cost ended up being way more than that, as most government programs aren't properly calculated using so much as an abacus.  Just a plan on the back of a napkin.
 
Actually, billions of your tax dollars were spent to modify communications companies equipment and networks to give the Feds even greater, more intrusive and faster access to almost anything they wanted.
 
Cute huh?
 
Not as cute the govenment finally thinking "Hey, we forked over all this money for this equipment.  We actually own it or parts of it and now we demand access to our stuff".  Like what your money bought?  The communications companies and the Feds were now partners by law.  Anyone think that is funny?
 
Now, the FBI's Electronic Surveillance has been meeting with the FCC since 2003.  Why? Well, seems there is a technology that is now being used worldwide to make and receive phone calls and there doesn't seem to be a of tracking these calls because they are not routed using circuit switching they are now being routed via packet switching and it's hard to distinguish data being sent from voice.  Erh, well because it's packet switching they can't distinguish essentially what's in the envelope without some sort of inspection.
 
But, wait a minute!  Our partners under the 1994 CALEA act requires communications companies to help us and provide a means and method to surveil so as not impede our investigations!  Let's have a talk with them.  Only this time we bring some of our other partners like DEA and DOJ into the conversation and let's serious on this.
 
The list of agencies who can surveil you just got bigger.
 
 But how did they start surveiling?  They and their partners invented a program called Carnivore or technically DCS 1000 system.  Most of us just called it DEX for short.
 
But, giving access to specific users(targets) ends up being pretty difficult both from a logistics standpoint and there were critics such as EFF and EPIC who worried about privacy on a whole host of issues.  The government prevailed and mandated that if the user could not be silo'd for an investigation then the service provider must give "Whole Pipe" access.  Guess who is in that pipe?  How would I know and you don't until you surveil each and every thing transmitting through the pipe and analyzing egress and ingress traffic.  Now, how do get to who you want?  You actually access everyone's information in that pipe.
 
That's where your privacy starts to erode.  Say you say something interesting over the phone, send a txt or email and the FBI finds it curious.  Well, what if they had a buddy who could use a bit of a hand out and they simply made them aware of what you transmitted either indirectly or outright let them see or hear it?
 
Now, you are being surveiled.  Wink, wink...Oh wait old techonology.  But so is everyone else by this other three letter agency because there isn't another way to do it.
 
It's called trawling for a reason.
 
For proof that government and communications companies were partners we need look at some statements and just ponder the people who made them:
 
"I think the FCC has a lot of room here," said Stewart Baker, who represented ISP's. "CALEA was written knowing that there would be new technologies for telecommunications." Now who was this Mr. Baker on a deeper level?  Well, only the former general counsel of the NSA.
 
Derek Khlopin, regulatory counsel to the Telecommunications Industry Association said what the FBI is "worried about is, when you have voice over DSL, if there's a way someone could say they're not subject to CALEA."   Guess where he worked before getting this plush job?  He was an Attorney at the FCC!
 
The ACLU, EFF, EPIC and many VoIP providers as well as DSL providers objected and said their services didn't fall within the definition of CALEA. 
 
Oh really?
 
The FBI fired back "CALEA applies to telecommunications carriers providing DSL and other types of wireline broadband access."  Basically, FU and give us what we want...Now!  You Will Give us Full Pipe Access.  Problem solve for the alphabet agencies at Fed.
 
Your 1st and 4th got eroded right there and then.
 
I believe it's around this time that Vonage lifts the curtain and describes that they can route to any agency by Court Order any stream they want so long as they have the right equipment on their end.  Forward to today and companies are saying the Feds don't have direct access to their networks, right?  Well, in one sense they don't but, if they direct a service provider to give them whole pipe and they have the right equipment on their end, then everyone gets caught up in the trawling.  Maybe the intended target, maybe you, Maybe your loved ones but, everyone on that pipe gets redirected to the alphabet agency requesting it.
 
Remember Stuart Baker, the attorney representing ISP's and formerly of the FCC?  He further lifts the curtain and has this to say.  Remember, he is the legal interface to the FCC on behalf of ISP's but, formerly of the FCC:
"It would be very difficult to set up a network so that you could only intercept voice packets and not the others. The likely result here is that you'll have modifications that are useful for law enforcement not just for voice packets but for other packets as well."
 
And he's absolutely right.  There is no way to seperate the packets.  For that you would need something called DSCP and that doesn't come into wide spread use and useable, from a surveillance standpoint and the network that enables that isn't ubiquitos ...yet.
 
Still in 2003 the government has made clear they see communications providers of all types "Their Partners" and now the providers are admitting they are. We already have Vonage admitting they are a partner and giving whole pipe access.  Who else demystifies the relationship between private entities and the government?  Why none other than Earthlink and David Baker, who is the vice president of law and public policy "The FBI is really an ally of sorts" ... "They're saying to the FCC, look, you guys are thinking of classifying everything as an information service, but you have to be aware of the implications." Naw, David you guys took Fed money and like the mafia once you take, your theirs.  Oh, don't want to forget, David use to be Commissioner and Chairman of the Georgia Public Service Commission.  I think he's a good guy. He actually works on issues of privacy and is currently Chairman of the California ISP Providers Association (CISPA)  I've met him once and seen some of his writings.
 
Oh!  Let's move back to 2000 and the Digital Privacy Act Sponsored by!  Bob Barr, Republican plick.  This dastardly act removed the requirement of a warrant and the alphabet agencies now, only needed probable cause.  Hey! WTF!  Did you not read the 4th amendment regarding search and seizure and that warrant sworn upon part???
 
But, there it is.  So now they had access to ""Full Pipe" trawling everyone's information and they no longer required a warrant.  How Kafka.
 
But, that's not all and they weren't even close to finishing off your unalienable rights.  Why later that same year, they passed the Electronic Communications Privacy Act.  Don't you love how they title all thee things and envelope them in terms that really obfuscate the evil part so you don't look deeper?
 
What did the ECPA enable the Feds to do now?  Why, it expanded their search and seizure of private records by demanding service providers deliver, on demand, any and all electronic communications "stored at the service provider".  
 
As the service providers have mentioned they can do this, for their partners, if they have the right equipment at their end.  They do. It's the law, otherwise it would "impede an investigation".
 
Remember way back at the beginning of all this where I explained who owns your phone number, your email address(not the free ones), your website(paid ones), etc?  Why you own and the service provider is only a manager of your private and paid for stuff.  Whenever you initiate a call, txt, email on your private and paid for devices on a service you pay for, you own that and when you make that call you are transmitting who the sender is.  Same on email, txt, VoiP etc.
 
That is your private information and transmission.  1st and 4th amendment applies but, the partners all got together and said "Nope" we share it amongst each other and with any Tom, Dick or Hairy agency that demands Full Pipe access and your stuff might get caught up that trawling.
 
This is the FBI's Carnivore eating up everything it can and hell, they even rent it out to other alphabet agencies and who do we know they don't let InterPol or other partners of the US use it?  Well, another program makes that possible.  More later.
 
Between 1996 and 2006 the FBI admits in an open paper their Internet wiretaps increased more than 2,000%.  Big deal?  I don't know.  All that is still quite young and still is in terms of market growth and saturation.  Maybe it's a valid number and we should accept it.  After all there weren't that many people with email even before 2000.
 
Still, all your stuff got tossed on a table and perused while they were looking for another guy's stuff.  Remember, the 4th amendment and it's dictate that a warrant must specify place and objects very spefically?  Bob Barr toasted that for you and this just before we get to Patriot Act which will come a year later, after some animals kill 3,000 human beings in one day.
 
Moving on.
 
One more time "No government agency has direct access to our systems"
 
Going back one more time because I am trying to remember all this off the top of my head and looking for proof and quotes on the Internet.  Let's look at December 2000 and the FBI issues a report as to how Carnivore is used and how it operates.
 
Have fun reading this:
 

Currently, all Internet wiretaps using the Carnivore system begin with an FBI investigation.  As with any wiretap, the FBI requires its investigators to ask for permission.  According to the Illinois report, the process the FBI follows to obtain a wiretap is as follows:

 

--For a full mode wiretap only

·         A case agent in an investigation determines a wiretap may be needed.

·         The agent contacts the FBI’s Chief Division Counsel (CDC), familiar with statutory requirements.

·         The agent contacts a Technically Trained Agent (TTA); an experienced Special Agent with advanced training.

·         After consulting with the CDC, the TTA, and with field office supervisors, the case agent will determine if the wiretap is required.

 

--For a pen register wiretap only

·         The case agent requests pen-register surveillance in writing, with a justification for necessity.

 

--Then, for either full mode or pen mode

·         FBI shows a judge the relevance of the information sought to the investigation.

·         FBI shows a judge why traditional enforcement methods are insufficient.

·         FBI must submit request with information such as target internet service provider (ISP), e-mail address, etc.

·         This process may take up to 4-6 months.

 

            At this point, two court orders are issued; one that authorizes the intercept, and a second, which directs the ISP to cooperate with the investigation.  After receiving a court order, the FBI begins conversations with the target ISP.  Carnivore is deployed when:

·         The ISP cannot narrow sufficiently the information retrieved to comply with the court order.

·         The ISP cannot receive sufficient information.

·         The FBI does not want to disclose information to the ISP, as in a sensitive national security investigation.

 

Let's get on a big boat with a huge net and go fishing!         

 

   If it is deemed necessary, a Carnivore computer is taken from FBI headquarters and brought to the ISP.  The TTA takes responsibility for the installation of the system, for configuration of the system based on the court order, and for securing the work area at the ISP.  After this, the TTAs work is done; the TTA does not receive or complete minimization on any of the information collected by Carnivore. 

           

At this point, the case agent can retrieve the intercepted information remotely as it is received by Carnivore, or he can await the information on the Jaz disk from the computer. 

 

Hardware Architecture

            The hardware components of the Carnivore system are:

1)      a one-way tap into an Ethernet data stream;

2)      a general purpose computer to filter and collect data;

3)      one or more additional general purpose computers to control the collection and examine the data;

4)      a telephone link to connect the additional computer(s) to the collection computer.

Figure 2: Carnivore Hardware Architecture

 

            One Way Tap

            The connection from the filtering/collection computer to the ISP's network is a third-party one-way tap.  The device, called the Century Tap, is produced by Shomiti Systems.  The one-way tap is placed between a link from a switch to a subnet, as illustrated in the figure above.

            The configuration reported in the Illinois report only works for standard Ethernet.  Although the tap is capable of being used with full-duplex Ethernet, the researchers at the IITRI have determined that the presence of collisions could cause packet loss, or even the capture of wrong packets.  In full duplex mode, this problem is exacerbated by increased throughput.

            Filtering/Collection Computer

            The computer which resides at the ISP is a Pentium-class PC installed with a 2 GB Jaz Drive, a standard 10/100 Mbps Ethernet adapter, a modem, Windows NT, and the software package pcAnywhere, produced by Symantec.  It connects to the one-way tap through its Ethernet adapter.  It connects to an outside control/examination computer through a modem using a special telephone link.  According to the Illinois report, the computer is installed without a monitor or keyboard.

            Control/Examination Computer

            Any computer may act as a control/examination computer, so long as it has installed on it: pcAnywhere, the DragonWare package including CoolMiner and Packeteer, a modem, and the proper keys and passwords to access the Windows NT administrator account, pcAnywhere, and the telephone link.

            Telephone link

            The filtering/collection computer communicates with the control/examination computer through a telephone line, which is installed especially for its use.  The telephone line is protected by third-party devices from Computer Peripheral Systems, Inc; (CPSI) from their line of Challenger Security Products (CSP).  The protection devices come in pairs; a Lock is a device attached to the phone line on the end of the filtering/collection computer, and a Key is another device attached to the phone line on the end of the many control/examination computer being used. 

 

Software Architecture

 


Figure 3: Carnivore Advanced Menu

            "Carnivore software is a component of a software suite called DragonWare written by the FBI. The other components of DragonWare are Packeteer and CoolMiner, two additional programs that reconstruct e-mail and other Internet traffic from the collected packets." The software will be examined in two ways, first its functionality, and second its architecture.

Functionality

            Carnivore's functionality can be broken up into 3 areas: Filtering, Output, and Analysis. 

            Filtering

                        The filtering system provided with the software is intended to take the large amounts of data passing through the tapped network stream and prevent the unwanted data from being stored.  The software provides the user many different options for filtering and the combination of filters:

                       

Fixed IP

Can choose a range of IP addresses.

Dynamic IP

If not in fixed IP mode, one can choose to include packets from in either Radius or DHCP mode.

Protocol Filtering

One can choose to include packets from TCP, UDP, and/or ICMP in either Full mode, Pen mode, or none.

Text Filtering

One can include packets that contain arbitrary text.

Port Filtering

One can select particular ports to include (i.e. 25 (SMTP), 80 (HTTP), 110 (POP3)).

E-mail address Filtering

One can select to include packets that contain a particular e-mail address in the to or from fields of an e-mail.

                                   

            Output

                        The software produces three types of files when storing packets, files with extensions '.vor', '.output', and '.error'.  The actual data collected from the network is saved in a .vor file.  The '.output' file contains a human readable version of the settings used to collect the data in the corresponding '.vor' file.  Finally, the '.error' file keeps track of any system messages that may have been generated during collection.  The software does not prevent files from being stored on the local hard drive, but they are typically stored on the 2GB Jaz Drive attached to the system.

            Analysis

                        The DragonWare package provides two programs to analyze the information stored in the '.vor' file produced by Carnivore.

                        Packeteer

                                    This program takes the collection of IP packets in .vor files, reconstructs the TCP session, and creates a series of files that can be viewed with CoolMiner. 

                        CoolMiner

                                    This program can be set up to show only certain types of packets.

Architecture

            The Carnivore software consists of four components: TapNDIS driver, TapAPI.dll, Carnivore.dll, and Carnivore.exe

                        TapNDIS (written in C) is a kernel-mode driver, which captures Ethernet packets as they are received, and applies some filtering.  The source is divided into 13 files, 9 of which are borrowed intact or with only minor changes, from WinDis 32 sample programs.  2 others were generated by Microsoft Developer Studio.  The remaining two files contain all the logic for driver-level filters and for writing data to a file.  The IITRI assumes this to be the core of the Carnivore implementation.

                        TapAPI.dll (written in C++) provides the API for accessing the TapNDIS driver functionality from other applications. 

                        Carnivore.dll (written in C++) provides functionality for controlling the intercept of raw data.  This is where pen mode truncation occurs.

               
 

Did you understand any of that?  I do but, this is my job. 

 

All you really need to know is this part: "At this point, the case agent can retrieve the intercepted information remotely as it is received by Carnivore"

 
This is published 13 years ago!  And the service providers are trying to tell you the Alphabet agencie do not have direct access to their networks!  Are you freaking kidding me!?  It sure looks like they do upon court order!
 
And her is the rub in case you didn't want to read all that stuff up above:
 

The FBI perform's its own minimization. That is, "control of the information is removed from a third-party source".  The FBI and other agencies such as DOJ and DEA have no clients to protect.  That means they have no legal or lawful reason to actually perform minimization, the 1st and 4th amendments be damned!  Remember Reagan's sarcastic joke "I'm from the government.  I'm here to help"???  You just have to trust they are of the highest morals and operate with pure and nuetral ethics.

Has there been any news of late that would give you a reason to trust them?

Well, you shouldn't as the FBI IITRI review of Carnivore states “the statutory suppression remedy available for illegal interception of other communications in Title III is not extended to electronic communications… the data gathered would not automatically be thrown out as evidence.”

 

Wow?! you mean you could just keep the information and use it later whenever it suited you?  Courts said "Yeah, they can do that".

 

Barry Steinhardt of the ACLU sent the following in a letter to the House Judiciary Subcomittee on the Constitution:
 
Quote
"The existence of Carnivore first came to light in the April 6 testimony of
Attorney Robert Corn-Revere to the Constitution Subcommittee. Its operation
was further detailed in a report that appeared in today's Wall Street
Journal (copy attached).  According to these reports, the Carnivore system
-- essentially a computer running specialized software-- is attached
directly to an Internet Service Provider's (ISP) network. Carnivore is
attached either when law enforcement has a Title III order from a court
permitting it to intercept in real time the contents of the electronic
communications of a specific individual, or a trap and trace or pen
register order allowing to it obtain the "numbers" related to
communications from or to a specified target.

But unlike the operation of a traditional a pen register, trap and trace
device, or wiretap of a conventional phone line, Carnivore gives the FBI
access to all traffic over the ISP's network, not just the communications
to or from a particular target. Carnivore, which is capable of analyzing
millions of messages per second,
purportedly retains only the messages of
the specified target, although this process takes place without scrutiny of
either the ISP or a court.

Carnivore permits access to the email of every customer of an ISP and the
email of every person who communicates with them. Carnivore is roughly
equivalent to a wiretap capable of accessing the contents of the
conversations of all of the phone company's customers, with the "assurance"
that the FBI will record only conversations of the specified target.  This
"trust us, we are the Government" approach is the antithesis of the
procedures required under our the wiretapping laws.
They authorize limited
electronic surveillance of the communications of specified persons, usually
conducted by means of specified communications devices.  They place on the
provider of the communications medium the responsibility to separate the
communications of persons authorized to be intercepted from other
communications.
 
Want to know what else is BS about Carnivore and other operations like it?  The operators of Carnivore are anonymous and cannot be brought into court to test their expertise, accuracy, accreditation, etc.  Constitutionally you are able to confront your accuser and anyone in the process to test them as well right?  Well, in the case of Carnivore and other programs their is no chain of evidence at the operator level.  They login simply as "Administrator".  Heck, that could be anyone. 
 
You are so screwed.
 
Nowadays, they install Carnivore and like systems at will and with a court order they login remotely from say Miami Beach and begin their surveillance.  Why should the be there?  The Service provider is ordered by law to be a partner and provide all means to increase the speed of an investigation and there is no real reason why an FBI's partner can't host the Carnivore machine and the FBI access it remotely and they do.
 
I was going to go further and provide information on Patriot Act, what it enabled and PA II what it further enable, and how FISA completely eroded 4th amendment protections but, don't be "Snowed" by this BS that are collecting "metadata".  But, I'm tired.
 
They are in fact, trawling for information.
 
They are in fact, using your private number to intercept others private numbers, txts, VoIP, email, etc.  If you are paying for these services you have a complete expectation to privacy.  You own the device, numbers, addresses and pay for a service.  The government can no more say they are a partner with service providers anymore than they can go to the leasing company of your automobile and demand they give access to your vehicle that you pay for and maintain.
 
They could no more claim they are partners with the equipment you lease for your business such as phone system, computers, routers, Multifunction printers, etc and then go the leasing company and demand access to all those information devices as well any information you transmit from them using a service you pay for.
 
Same with your home.  They can't claime partnership with the bank and then enter your home.
 
How is they can do this with your private and paid communications???
 
Anyone? Anyone? Bueller? Anyone?
 
So "Snowjob" put a name to another program called PRISM. What's new?
 
 
Ever hear of Eyewatcher?  Echelon? Magic Lantern? V-Chip?
 
Did you know that the Feds can listen to priveledged conversations between a lawyer and a person under arrest if they deem it in the interest of national security?
 

79 posted on 06/15/2013 9:01:47 PM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
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To: Vendome

Jeez, that’s long! Is that from the Bible like other posts of this type? If so, it oughta be in a Religious Wars thread!


80 posted on 06/15/2013 9:04:04 PM PDT by Revolting cat! (Bad things are wrong! Ice cream is delicious!)
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To: MHGinTN

Feel free to peruse my excellent writing on all this so you can see a glimpse of how scrtinized you are and the power you no longer have.

Also, feel free to inform me:
“What grievous harm has the shinny object, “Snowjob”, actually caused”??

I am still waiting to hear any real secret.

He didn’t give any information that wasn’t already public.

I’ve been in telecom for 30 years and already knew what he knew.

Not some smart guy. Just been around and I read a lot especially any legislation regarding communications.


81 posted on 06/15/2013 9:05:17 PM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
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To: Revolting cat!

spent the last four hours writing it.

I have been in telecom for 39 years. Luv it.

The history, the laws, innovations. It’s all kewel to me.

Helps that I met or know many of the luminaries who made all we use today possible over the last 40 years.


82 posted on 06/15/2013 9:06:59 PM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
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To: Revolting cat!

Just read the stuff in bold. It’s enough.

Besides, some of it is technical. I did write it with some sarcasm and humor though.


83 posted on 06/15/2013 9:07:48 PM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
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To: Vendome

I was kiddin’ ya, and posting a bookmark for myself to read it all tomorrow. Cheers!


84 posted on 06/15/2013 9:07:56 PM PDT by Revolting cat! (Bad things are wrong! Ice cream is delicious!)
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To: Revolting cat!

I actually don’t expect anyone to read a tome.

but, wanted to demystify this Snowden guy as nothing more than a shinny object for everyone to amuse themselves with while all the other....What were they? oh yeah, scandals have been relegated to nothingville.


85 posted on 06/15/2013 9:09:20 PM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
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To: Lazamataz

An unjust law is void. An oath to support an unjust law is therefore without force. To spy on every American every time he uses any sort of electronic means is, no matter how many laws are passed, intrinsically evil. The laws authorizing such actions are unjust, and thus, are void.

Edward Snowden violated no valid oath in revealing that the US government has set up a complete surveillance state, in violation of our constitutional and inalienable rights.


86 posted on 06/15/2013 9:12:45 PM PDT by sitetest (If Roe is not overturned, no unborn child will ever be protected in law.)
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To: Vendome

Old Xerox PARC networking type here. Nice work, you hit all the high points.


87 posted on 06/15/2013 9:21:31 PM PDT by Mycroft Holmes (<= Mash name for HTML Xampp PHP C JavaScript primer. Programming for everyone.)
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To: Lazamataz

“Snowden committed a crime that pales in comparison to the (unfortunately legal) criminality of the NSA.”

One is illegal, the other illegal.

The illegal is moral, the legal immoral.

Where you gonna come down?


88 posted on 06/15/2013 9:22:35 PM PDT by dsc (Any attempt to move a government to the left is a crime against humanity.)
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To: Vendome

Thank you for the excellent summary.


89 posted on 06/15/2013 9:24:25 PM PDT by thecodont
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To: Mycroft Holmes

Thnx. I wanted to get the important stuff out there without going to deep.

I scratched a bunch of other acts and “determinations” off my tome so as to make it somewhat readable.

Hope the sarcasm came through well enough.

PARC guys rock!

Always admire anyone who worked there.


90 posted on 06/15/2013 9:35:18 PM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
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To: Lazamataz

No oath to conceal crimes is ethically binding.


91 posted on 06/15/2013 9:48:14 PM PDT by Taliesan
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To: Vendome

I’ve read quite a bit of that and it’s late at night now, so will read the rest of it tomorrow and comment. I appreciate your posting all this, and, yes, I understand it.


92 posted on 06/15/2013 10:19:21 PM PDT by Marcella (Prepping can save your life today. I am a Christian, not a Muslim.)
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To: Marcella

Look for the line I carefully inserted about MPLS. I believe once that becomes ubiquitous their argument for whole pipe is void.

If you don’t know networking you’ll miss it.


93 posted on 06/15/2013 11:20:36 PM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
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To: Vendome

Thanks for that lengthy explanation. I gobbled it up eagerly! I owe you a drink ... no, given the work put into it, I owe you a bottle of Scotch. [That is what you drink, isn’t it? I’m getting old and the memory cells are not as flexible as they once were.]


94 posted on 06/15/2013 11:40:32 PM PDT by MHGinTN (Being deceived can be cured.)
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To: MHGinTN

That you read it is enough.

I made an oblique reference to MPLS which, in my opinion, destroys their argument for “Whole Pipe” access eventually


95 posted on 06/16/2013 12:04:45 AM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
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To: Vendome

I have an old friend who builds the switching stations for fiber optic systems. I was astounded by what the technology has reached! He calls me occasionally. The calls are fun to get because he routes his calls through exotic locations just for the fun of where it appears he is. Getting a call from Scotland, Dubai, or South Africa is a hoot. He called me one time from my driveway, but the phone said I was being called from Moscow ... Idaho! Problem is, now I answer the darn phone regardless of where the call originates. Odd thing that many tele sales calls are now coming from 202 area code.


96 posted on 06/16/2013 12:10:29 AM PDT by MHGinTN (Being deceived can be cured.)
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To: Lazamataz
Their official seal:


97 posted on 06/16/2013 12:15:00 AM PDT by cynwoody
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To: Alamo-Girl
Truly, the IRS scandal is what magnifies the NSA scandal - a powerful branch of the government has already been used against political foes.

Absolutely.

Anything the NSA can do, the IRS can do. In anger! In support of Progress!

98 posted on 06/16/2013 12:22:58 AM PDT by cynwoody
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To: Tijeras_Slim
"I, Tijeras_Slim, pledge allegiance to Hedley Lamarr, and to the evil for which he stands."

She?

Reportedly, Fräulein Kiesler had an aptitude for intelligence work. It just wasn't her core competence.

99 posted on 06/16/2013 12:35:04 AM PDT by cynwoody
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To: MHGinTN

check this out.

It was installed in 1977 and could transmit 1 gigabyte theoertical.

I think it was installed in Southern California.

Today, with the right equipment at the head ends, that same fiber link could, theoretically, transmit 1 Petabit per second.

That is equivalent to transmitting 1,000 gigabits per second by using certain new technologies called a Lambda.

A Lambda uses different light waves and colors to carry information.

Each Lambda can carry up to 80 seperate wavelengths, carrying one gigabyte each.

As technology continues we can open several Lambdas to carry more information.

As of 2006 we could open up to 36 Lambdas or 2880 Gigabytes of information over the very first fiber optic line.

With innovations the theory is that so long as we can increase the number of numbers of Lambdas, then we can make a nearly 40 year old circuit carry unlimited data.

never underestimate human ingenuity.

We took a copper cable that was theoretical 9,600 baud maximum and increased it carry realistically, today, more than 20 gigabytes on an existing copper pair.

No where to go but up!


100 posted on 06/16/2013 12:38:37 AM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
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