Ramblings of an old Doc

 

This is most welcome in the age of CISPA (Cyber Intelligence Sharing and Protection Act) which Rep. Mike Rogers (R-MI) is sponsoring. It is primarily a surveillance bill. In some respects it’s worse than SOPA and PIPA.

CISPA's primary function is to remove legal barriers that might keep Internet companies from giving all your communication and information to the government. It allows "cyber entities" (such as Internet service providers, social networks like Facebook and cell phone companies like AT&T) to circumvent Internet privacy laws when they're pressured by Homeland Security to hand over or shut down -- well, almost anything of yours online that the government wants, no warrant needed.” - Violet Blue, Cnet

Well, along comes a smart entrepreneur who dislikes invasions of privacy, Mr. Nicholas Merrill. He owned an ISP back in 2004 when the FBI sent him a letter instructing him to hand over customer info, and by the way, forbidding him to reveal the ‘requests’ to the customers. Merrill took them to court and beat them:

“A court agreed that a company's right to inform its customers about such government activities was protected under the First Amendment.” – Infopackets

So now, CISPA’s coming along. Merrill’s answer is to create a new ISP which:

“will encrypt all communications in a way that prevents even its own staff from decoding messages or other data, even if they want to. Only the customer will be able to decrypt his or her own data. With such a plan in place, any and all government demands for customers' data will be impossible to meet.” – ibid

No one can be punished since no one can comply even if he or she wishes to do so.

So, the ISP will cost $20 per month. Oh yes… he’s starting a cell phone service to do the same thing.

He’s gotten $40,000 towards the startup, but needs $1 million.

I for one hope he succeeds. Why? Because any lawmaker who proposes search and seizure without a court warrant (and that’s what they’re doing) should be tarred and feathered. Also, I just love it when a private citizen or businessman teaches government how it should be done and that there are much smarter cookies in the private sector than in the government cookie jar.

There’s a bit of wit in the whole thing: Calyx (latin) means ‘heel’ as in “Achilles heel”. Which is just what he found in that odious legislation.

If you want to read about The Calyx Institute: https://www.calyxinstitute.org/

To support it:  https://www.calyxinstitute.org/civicrm/contribute/transact?reset=1&id=1

Sources:

http://www.infopackets.com/news/internet/2012/20120417_new_web_provider_to_defend_against_govt_snooping.htm

http://news.cnet.com/8301-1023_3-57413627-93/say-hello-to-cispa-it-will-remind-you-of-sopa/


Comments
on Apr 17, 2012

THis sounds awesome.

 

sign me up, id love to dump comcast and their data caps for this.

on Apr 17, 2012

Sign me up too so's I can dump stuff.

on Apr 17, 2012

Bookmark.  Thx, Doc.

on Apr 17, 2012

Sounds interesting, but I will probably never see it in my area, too small a town. Going to take him years to get this done too, if ever. I hope he gets the funds to continue.

on Apr 17, 2012

Wonderful!

The site doesn't say where they're based, but this sounds like the sort of people I might want to get a job with once high school is done.

on Apr 17, 2012

We could use this kind of ISP service over here in Blighty, too.

on Apr 17, 2012

If he can make his ISP promise no caps ever, he'll have something.

 

 

on Apr 17, 2012

Bah. Most of those folks are DSL. The reason we have cable internet is that we couldn't afford to replace the phone line if we wanted to.

on Apr 17, 2012

Well, if nothing else, it will result in some interesting legal battles over willful blindness.

on Apr 17, 2012

What? {willful deafness}

Actually, in light of Global-Tech Appliances v. SEB (SCOTUS) that is a real dander, and not one to be taken lightly as potential customers might be very undesirable ones.

"... the high court held that the “willful blindness” doctrine, which relieves a plaintiff of proving that the defendant actually knew that its actions were infringing, applies to certain patent infringement claims. The Court also implied that the doctrine properly applies in federal criminal cases, which would undermine traditional criminal-intent, or mens rea, protections against unjust criminal punishment. The result may be that more innocent Americans will face criminal conviction.

...The Court’s rationale suggests that the impact of its decision will be felt most strongly not in patent suits but in criminal prosecutions—a result fraught with troubling consequences. In a patent suit, the plaintiff is seeking monetary damages and an injunction curtailing the infringing party’s conduct. A criminal prosecution, by contrast, is a far more serious legal contest. The dangers to criminal defendants of not requiring proof of actual knowledge include a felony conviction, loss of personal liberty (i.e., prison), and the great moral and societal stigma that goes with being labeled a criminal.

While everyone knows that murder, battery, theft, and embezzlement are crimes, the same cannot be said of most of the thousands of criminal offenses now on the books. Thus, as Georgetown University law professor Julie O’Sullivan has noted, what a person accused of a crime did and did not know “is often both central to the case and hotly contested.

Justice Kennedy wrote the dissenting opinion. The willful blindness doctrine invites a jury to infer, after the fact, that an accused “should have known” and to conclude that the government has carried its burden even though the statute requires “knowledge.”  The willful blindness doctrine invites a jury to infer, after the fact, that an accused “should have known” and to conclude that the government has carried its burden even though the statute requires “knowledge.”- Brian Walsh, Amer. Heritage Foundation

 

on Apr 17, 2012

Yeah, unfortunately while a good idea, is not going to work, ISP's and hosting providers in the U.S are required to provide logs of user activity, I can't see how this service would survive a legal battle.  It is really no different than the myriad of VPN services you can subscribe to today, pretty much all of which (at least the U.S ones) actually do log and turn over logs on demand to the authorities.