[cryptome] Re: The NSA the only part of government that listens :)

  • From: Haim Barak <haim357@xxxxxxxxx>
  • To: "cryptome@xxxxxxxxxxxxx" <cryptome@xxxxxxxxxxxxx>
  • Date: Mon, 4 Nov 2013 22:40:42 -0500


On Mon, Nov 4, 2013 at 10:34 PM, Jeremy Compton <j.compton@xxxxxxxxxxx>wrote:

>  I was sent this and l thought it was hilarious. I think we all need a
> bit a of a laugh from time to time. Its good for the soul.
> ------------------------------
>    ------------------------------
> *NSA Makes all Email Use Privilege 
> Waiving?*<http://feedproxy.google.com/~r/geeklawblog/PPGW/~3/7emFTcBd4V4/nsa-makes-all-email-use-privilege.html?utm_source=feedburner&utm_medium=email>
> Posted: 04 Nov 2013 03:00 AM PST
> <http://3.bp.blogspot.com/-AR7YUCWnVE0/UnKVyznLr0I/AAAAAAAABHM/EltLu3fR4DM/s1600/nsa.jpg>
> Puzzle me this: If a lawyer conversed with a client in front of a law
> enforcement representative, would the conversation be privileged?
> Answer: No.
> Conversations held in the presence of any third party, let alone one
> representing the government, would constitute a waiver of privilege.
> Previously on 3Geeks (and perhaps too many times) we have 
> *tackled*<http://www.geeklawblog.com/2013/08/google-use-gmail-have-no-expectation-of.html>the
>  subject of the use of free email services and how that waives
> privilege. But now the NSA has upped the ante on the topic, basically
> spreading it to all email.
> Unless you live under a rock with no wifi, you will be aware that the NSA
> is *tracking global email 
> communications*<https://www.schneier.com/blog/archives/2013/10/nsa_eavesdroppi_2.html>and
>  storing them in
> *Utah* <http://en.wikipedia.org/wiki/Moab%2c_Utah> (a nice place to
> visit). So, as a lawyer should you now expect that a government agency is
> obtaining copies of all of your confidential client communications? If so,
> you might want to ....
> Oh never mind. If we actually took this rule seriously, all lawyers would
> be encrypting their email communications. And we know they are not and no
> one is asking them to do so.
> I withdraw the statement.
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Haim Barak
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