Phone interception law, Was: Re: Gmail phone

James james2432 at gmail.com
Thu Dec 2 03:48:00 UTC 2010


Even if they are listening, do you really have THAT MUCH to hide?

On Wed, Dec 1, 2010 at 10:35 PM, Leigh Honeywell <leigh at hypatia.ca> wrote:

> On 10-12-01 09:54 PM, Ilija Milicevic wrote:
> > I got VoIP set up through voip.ms <http://voip.ms> (Canadian provider).
> > Costs about 1c per minute anywhere in North America. I use it on a
> > regular basis and have used it in Europe and South America (with
> Linphone).
> > We are probably just gonna port our pots number over to that service and
> > not bother with POTS when we move.
> > Just make sure you go through Canadian servers (as voip.ms
> > <http://voip.ms> also has some US and [even worse] UK servers) unless
> > you don't mind the DHS or the MI5 routinely snooping your calls. You can
> > be pretty sure Google's US servers get all of their traffic forwarded to
> > the DHS.
>
> Legally speaking, calling from a US voip provider to /within/ the US is
> more legally protected than calling from a Canadian voip provider to the
> US.  Warrantless wiretapping issues aside, the DHS is supposed to get a
> warrant for within-the-US communications but has never needed one to tap
> communications between the US and other countries.
>
> That said, it's mostly moot because most ostensibly "Canadian" VOIP
> providers use US termination for US calls (especially if you're only
> paying 1c/minute for it).  Unlimitel.ca is an exception - there are
> diagrams of how their network is set up on their site, and they use
> Canadian termination (which, again, puts you at /more/ risk for
> surveillance if you're calling the US).
>
> As for making calls within Canada, to date I've not heard of widespread
> abuses of wiretap functionality, but as my friend Matt Blaze said [0],
> we should
>
>        Stop calling eavesdropping mechanisms "lawful intercept".
>        Whether intercepts are lawful isn't a property of the interface.
>
> I'm pretty damn paranoid and basically assume all phone conversations
> are being intercepted... but you should at least know what laws are on
> the books (and whether or not they are followed).  All this to say: if
> you're calling the US, assume someone's listening :)
>
> -Leigh
>
> [0] http://twitter.com/#!/mattblaze/status/9642930723<http://twitter.com/#%21/mattblaze/status/9642930723>
>
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