[Cryptography] Hayden on encryption v. metadata

[Walter van Holst]

On 2016-04-05 03:15, dan at geer.org wrote:
> It was said
> 
>  | Maybe it's time to start publicly calling for Nuremberg-style war 
> crimes
>  | tribunals to arrest, prosecute, convict, imprison, and execute 
> senior
>  | surveillance state officials?
> 
> 
> Anyone who voluntarily uses a device whose inherent function requires
> continuous connectivity has no, repeat no, reasonable expectation
> of not being tracked.

"reasonable expectation of privacy" may still be a thing in the US 
context. It is not a terribly relevant criterium in most of the rest of 
the industrialised world which has moved on to more sensible legal 
doctrines, such as informational privacy. Reasonable expectation of 
privacy is a fallacy because it is extremely vulnerable to technological 
developments. See the following statement:

"Anyone who voluntarily lives in a house that is inherently permeable by 
UWB radar has no, repeat no, reasonable expectation of not being 
watched."

Or apply your own statement to good old wired telephony. Or analog 
broadcast media. You'll notice that what you are saying is that because 
of the underlying technology changes, all of a sudden our privacy 
expectations should change.

Regards,

  Walter