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Who is the Bad Guy? February 21, 2015

Posted by Peter Varhol in Technology and Culture.
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I’m not a conspiracy person. I don’t think governments, evil corporations, or anyone else have banded together to rob, cheat, or steal from me. It’s simply too difficult to keep such things a secret from the outside world. As the old saw goes, three people can keep a secret, if two of them are dead (and I’m not entirely convinced about the third one).

But stories like this, concerning US and UK agencies breaking into phone SIM cards, are eminently believable, and infinitely troubling, because we already know that bad hackers can get into servers and devices that we use in our daily lives for all manner of activities. We have had indications that governments are doing likewise, to each other, to companies, and to citizens of its own and others. Governments generally won’t admit to doing so, and don’t have to. But you have to figure that any government could afford talent equivalent to those who do it for free.

There is no question that any government can employ the some of the best hackers (other hackers are likely to avoid governments altogether). And make no mistake – there is a war out there, between nations, and within nations and, well, I’ll say it, cyber-terrorists. I’m okay with stopping the bad guys and when possible, bringing them to justice.

But the larger issue is whether it is appropriate (I would like to find a stronger word here) for any government to do so. I get the fact that the nature of law enforcement has changed dramatically over the past decade. Some crimes that are common today didn’t exist at the turn of the century. Law enforcement has always been behind the technology curve from the bad guys, and I don’t have a problem with investigation, enforcement, and the legal environment catching up.

But we’re talking something different here. We’re talking about the governments becoming the bad guys, digging into people who are not suspected criminals or terrorists. And that is just plain wrong. I understand that the difference between law enforcement and law breaking can become blurred, but from our governments, it should be very well defined and communicated.

I understand why governments and legitimate law enforcement agencies believe they need to adopt these techniques to be proactive in an increasingly dangerous world. But guess what? They don’t. They have simply become lazy, substituting the games of the criminals as a rationale for keeping people safe and protected. No. They are better than that, and we are better than that.

It’s not even the journeyman law enforcement people at fault here. They are caught in a bind. If Something Bad happens on their watch, they take all of the heat, and who can blame them for bending the game a bit for their side. It’s the leadership that has to draw sharp lines, and it is not doing so. This failure harms all of us. Let’s get back to good, solid investigative work and not break into SIM cards and plant malware on computers.

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