| 00:00:02 |
HOST, -
IS OUR TOPIC FOR THE NEXT 45 MINUTES. JOINING ME IS JULIAN SANCHEZ. WHAT DID WE LEARN ABOUT THE PATREUS STORY FROM THE PAST FEW DAYS? GUEST: IT IS A...
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| 00:00:19 |
GUEST, -
OF HOW EASY IT IS FOR POLICE AND LAW ENFORCEMENT, CERTAINLY THE FBI TO GET THE ENORMOUS AMOUNTS OF FAIRLY SENSITIVE INFORMATION ABOUT OUR PRIVATE ONLINE...
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| 00:01:13 |
HOST, -
FROM A FEDERAL PERSPECTIVE TO GET ACCESS TO THE E-MAILS? GUEST: SOME COURTS
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| 00:01:19 |
GUEST, -
HAVE IMPOSED TIGHTER REQUIREMENTS. FEDERAL LAW SAYS UNDER CERTAIN CIRCUMSTANCES IT CAN BE DONE WITH JUST A SUBPOENA. THEY DO NOT NEED TO SHOW PROBABLE...
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| 00:01:45 |
HOST, -
SOMETHING CALLED THE ELECTRONIC COMMUNICATIONS PRIVACY ACT. GUEST: THAT IS THE
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| 00:01:51 |
GUEST, -
1986 FEDERAL LAW THAT PROVIDES THE FRAMEWORK FOR COMMUNICATIONS. THE PROBLEM IS IT BUILDS AND ASSUMPTIONS BY THE WAY WE USE ELECTRONIC SERVICES BACK...
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| 00:02:59 |
HOST, -
OF E-MAIL IS THE TOPIC THIS MORNING. IF YOU WOULD LIKE TO ASK OUR GUEST QUESTIONS ABOUT IT, DO SO ON THE LINES YOU CAN SEE ACROSS YOUR SCREEN. ALSO, FEEL...
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| 00:03:43 |
GUEST, -
THEY HAVE BEEN OPENED. THE LAW IS SO OBVIOUSLY PROBLEMATIC THAT IN SOME -- IN THE NINTH CIRCUIT THEY SAID, EVEN IF YOU HAVE OPENED IT IS AN ELECTRONIC...
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| 00:05:04 |
HOST, -
HOST: BECAUSE THE E-MAILS STAYED IN FOLDERS AND DID NOT GET TRANSMITTED, THAT CHANGE THE STANDARDS TO WHAT THEY CAN DO TO GET ACCESS. GUEST: ONE ISSUE...
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| 00:05:15 |
GUEST, -
GOOGLE AND PARTICULAR, THEY HAVE A LEGAL TEAM THAT TAKES THE POSITION THAT CONSTITUTIONALLY A SEARCH WARRANT IS REQUIRED. THEY HAVE BEEN PUSHED BACK...
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| 00:05:42 |
HOST, -
LOOKING AT THIS. YOU USED THE TERM FISHING EXPEDITION. MY QUESTION IS, HOW MUCH WAS USED ARE DIVING INTO E-MAILS, WHEN DOES IT STOP ABOUT THE AMOUNT...
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| 00:05:57 |
GUEST, -
A HUGE IMPORTANT QUESTION. IF WE COMPARE THIS TO PHONE WIRE TAPS, THERE IS AN IDEA THAT THE COURTS HAVE ENDORSED THAT BECAUSE A PHONE WIRETAP IS DONE...
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| 00:07:15 |
HOST, -
THE CATO INSTITUTE -- FROM THE CATO INSTITUTE, JULIAN SANCHEZ JOINS US. FROM THE DEMOCRATS' LINE, GO AHEAD. CALLER: MY QUESTION IS, HOW
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| 00:07:29 |
CALLER, -
DOES THIS AFFECT EVERYDAY PEOPLE LIKE ME. I GUESS I HAVE AN EXPECTATION THAT MY E-MAIL SHOULD BE PRIVATE, OR I WOULD LIKE IT TO BE. I GUESS MY OVERALL...
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| 00:08:09 |
GUEST, -
IS THAT THERE ARE A SERIES OF SUPREME COURT DECISIONS BACK IN THE LATE 1970'S THAT DEVELOPED THE THIRD PARTY DOCTRINE. THE IDEA IS WHEN YOU TURN RECORDS...
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| 00:10:02 |
HOST, -
I HOPE THEY ARE PREPARED FOR A NAP. IF I AM THE AVERAGE PERSON, WHAT I HAVE TO WORRY ABOUT? GUEST: IN
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| 00:10:11 |
GUEST, -
A SENSE THERE IS SOMETHING TO THAT. IF YOU LOOK BACK TO THE HISTORY OF ELECTRONIC SURVEILLANCE, YOU FIND IT IS NOT TOTALLY RANDOM ORDINARY PEOPLE. IT...
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| 00:11:48 |
HOST, -
THIS IS MARKETS. -- MARCUS. CALLER: CALLER: THEN FOR TAKING
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| 00:12:12 |
CALLER, -
MY CALL. IF WE CAN SEPARATE SOCIAL NETWORKING FROM BUSINESS AND CORPORATE AMERICA. I WONDER IF THE GUESTS CAN CALL ABOUT WHAT USED TO BE DONE, WHEN WE...
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| 00:13:04 |
GUEST, -
A COUPLE OF THINGS TO MENTION. TALKING ABOUT THE SANDUSKY CASE , THERE ALWAYS SEEMS TO BE SITUATIONS IN WHICH LAW ENFORCEMENT HAS THE POWER TO SEARCH...
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| 00:14:40 |
HOST, -
ON THE REPUBLICAN LINE. YOU ARE ON WITH JULIAN SANCHEZ FROM THE CATO INSTITUTE. CALLER: THE QUESTION I HAVE
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| 00:14:53 |
CALLER, -
IS FOR THE LAST 20 YEARS ALSO, I HAVE USED FEMALE FOR BUSINESS IN RETIREMENT -- I HAVE USED E- MAIL IN BUSINESS IN RETIREMENT. WHAT HAPPENS TO THOSE...
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| 00:15:18 |
GUEST, -
ITSELF, OFTEN IT IS POSSIBLE FOR A TRAIN TO DATA FORENSICS AND LIST TO RECOVER DATA THAT HAS BEEN LOST. IT IS HARD TO COMPLETELY WIPE OUT DATA. IF YOU...
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| 00:17:56 |
HOST, -
YOU ARE DESCRIBING, HOW DOES THAT SQUARE WITH THE FOURTH AMENDMENT? AS FAR AS HOW MUCH YOU CAN TAKE IN THIS KIND OF THING? GUEST: IT WILL ONLY BECOME
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| 00:18:09 |
GUEST, -
MORE ACUTE. THE THIRD PARTY DOCTRINE SAYS ONCE YOU GIVE ANYTHING TO A CORPORATION TO HANG ON TO FOR YOU YOU HAVE LOST YOUR PRIVACY INTERESTS IN IT....
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| 00:19:25 |
HOST, -
EVANS OFF OF TWITTER SAYING, DO PERSONAL TEXT MESSAGES FALL IN THE SAME CATEGORY OF E-MAILS? GUEST: TEXT
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| 00:19:34 |
GUEST, -
MESSAGES ARE A LITTLE DIFFERENT. TEXTING ON GMAIL IS STORED ON THE SERVER INDEFINITELY. MOST PROVIDERS DO NOT STORE TEXT MESSAGES AFTER YOU SEND THEM....
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| 00:20:47 |
HOST, -
WARD IS FROM OKLAHOMA. GO AHEAD. CALLER: I DON'T HAVE
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| 00:20:55 |
CALLER, -
A HOME COMPUTER BUT I HAVE ALL THOSE GOVERNMENT TRACKING CODES THAT ARE ON TELEPHONES. PEOPLE THINK THAT WHAT THE GOVERNMENT DOES LISTEN TO ALL OF THE...
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| 00:21:44 |
GUEST, -
ABOUT GOVERNMENT TRACKING CODES. THERE WAS A CHANGE MADE IN THE 1990'S THE SAID THERE WAS A PROCESS THEY COULD NOT USED TO GET PEOPLE'S COMMUNICATIONS...
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| 00:23:38 |
HOST, -
TWITTER, A CURE ASKS, IS IT USEFUL TO USE A SERVER OUTSIDE -- A VIEWER ASKS, IS A USEFUL TO USE A SERVER OUTSIDE OF THE UNITED STATES? GUEST: THAT DEPENDS
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| 00:23:52 |
GUEST, -
ON HOW MUCH YOU TRUST THE OTHER COUNTRY. SOME COUNTRIES ARE LESS RESPECTFUL OF USERS' PRIVACY. I DO KNOW -- DO NOT KNOW HOW GOOD A SOLUTION THAT IS....
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| 00:24:33 |
HOST, -
CONSUMER ENCRYPTION PROGRAMS? FSA THERE ARE ALL KINDS OF THE PERSIAN PROGRESS THAT CAN BE -- GUEST: THERE ARE ALL KINDS
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| 00:24:45 |
GUEST, -
OF ENCRYPTION PROGRAMS THAT CAN BE DOWNLOADED. HOST: OUR GUEST, JULIAN
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| 00:24:52 |
HOST, -
SANCHEZ FROM THE CATO INSTITUTE TALKING ABOUT E-MAIL PRIVACY. HELLO. YOU ARE ON. CALLER:
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| 00:25:07 |
CALLER, -
I HAVE A COUPLE OF FRIENDS OF MINE IN TEXAS AND THAT IS ALL THEY DO ALL DAY HIS READ E-MAILS. DOES THAT HAVE ANYTHING TO DO WITH OUR ELECTION? YOU ARE...
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| 00:25:45 |
GUEST, -
NOT SURE I UNDERSTAND THE QUESTION. I DID NOT KNOW IF E-MAILS HAD ANYTHING TO DO WITH THE ELECTION. IN THE PETRAEUS CASE, THE E- MAILS MAY HAVE BEEN LINKED...
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| 00:26:07 |
HOST, -
FAR AS THE E-MAIL CONNECTION? GUEST: AT THE RISK
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| 00:26:13 |
GUEST, -
OF SOUNDING TIN FOIL HATTY, THERE IS A LONG TRADITION OF INTELLIGENCE BY PROTECTING YOUR SOURCE OF COMING UP WITH FALSE STORIES OF HOW YOU OBTAIN INFORMATION....
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| 00:29:20 |
CALLER, -
SEVERAL WEBSITES THAT SAY THERE ARE TARGET WORDS THAT SHADOW GOVERNMENT ORGANIZATIONS ARE USING TO SEND PEOPLE TO SEE MUCH CAMPS AND THOSE FEMA CAMPS...
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| 00:29:57 |
GUEST, -
OF FAMOUS CAMPS IS A THICK WACKY AND NOT TRUE. -- WHACKY AND NOT TRUE. THE NATIONAL SECURITY AGENCY USES KEYWORD ANALYSIS TO SIFT THROUGH ELECTRONIC COMMUNICATIONS...
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| 00:31:00 |
HOST, -
GOOGLE AND MICROSOFT CANNOT PROVIDE ENCRYPTION OPTION FOR USERS. GUEST: MY GUESS
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| 00:31:08 |
GUEST, -
WOULD BE THEY HAVE A BUSINESS MODEL BASED ON DATA ANALYTICS. THEY SHOW YOU ADVERTISING BASED ON KEY WORDS IN YOUR E-MAIL WHEN YOU LOG ONTO E-MAIL -- GMAIL....
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| 00:33:37 |
HOST, -
THIS TYPE OF E-MAIL SEARCH WAS DONE IN 1926. WHAT HAS TO BE DONE TO CHANGE ACCESS TO E-MAIL TODAY? GUEST: IT WAS
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| 00:33:53 |
GUEST, -
TWEAKED SLIGHTLY IN THE EARLY 1990'S. IT GOES BACK TO 1986. HE MADE CHANGES THAT WERE PROPOSED ARE TO REQUIRE A UNIFORM SEARCH WARRANT FOR CONTENTS....
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| 00:37:11 |
CALLER, -
MY CALL. THIS IS INTERESTING. THIS PAST SUMMER, I HAD ISSUES WITH A LAND LINE AND A CELL PHONE. BOTH OF THEM IN OR OUT OF SERVICE. I HAD A LOCAL UTILITY...
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| 00:38:35 |
GUEST, -
USUALLY, IF IT IS YOUR OWN RECORDS, THE PHONE COMPANY SHOULD BE ALLOWED TO GIVE THOSE TO YOU WITHOUT A SUBPOENA. YOU HAVE THE CONSENT OF THE PERSON....
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| 00:40:35 |
HOST, -
SAYS PRIVACY ONLY EXISTS WITH THE POST OFFICE. GUEST: IF YOU LOOK AT
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| 00:40:47 |
GUEST, -
THE HISTORY OF OUR INTELLIGENCE AGENCY, THERE HAS BEEN INSTANCES IN HISTORY WHERE THE CIA OPENED THOUSANDS UPON THOUSANDS OF LETTERS WITHOUT ANY KIND...
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| 00:41:12 |
HOST, -
REPUBLICAN LINE. HELLO. CALLER:
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| 00:41:18 |
CALLER, -
I HAVE A STATEMENT AND A QUESTION. I HAVE BEEN USING HUSH MAIL FOR YEARS. I WAS PUT ON TO IT BY A FRIEND AND HE TOLD ME ABOUT E-MAILS BEING MONITORED...
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| 00:41:58 |
HOST, -
WE ARE RUNNING CLOSE ON TIME. WHAT IS YOUR QUESTION? CALLER: WHAT KIND OF
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| 00:42:05 |
CALLER, -
PROTECTION THE FORCE YOU TO HAVE AN E-MAIL FACE IN ANOTHER COUNTRY AND OUR OTHER COUNTRIES THAT HAVE INTERNATIONAL TREATIES TO BE CONVEYED -- EBAY SUBPOENAS--...
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| 00:42:38 |
GUEST, -
I WOULD NOT LIKE TO BUY MUCH ON HUSH MAIL. AND FORMER NSA USED IT WHEN COMMUNICATING WITH A BALTIMORE SUN REPORTER. HE IS NOW A WALL STREET JOURNAL REPORTED....
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| 00:43:57 |
HOST, -
CALL ON OUR DEMOCRATS -- IF YOU WANT TO KEEP SOMETHING PRIVATE, USE END TO END THE ENCRYPTION. HOST: WE
|
| 00:44:09 |
HOST, -
HAVE TIME FOR ONE MORE CALL ON OUT WITH DEMOCRATS' LINE. CALLER: I BELIEVE THAT
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| 00:44:18 |
CALLER, -
PAULA BROADWELL IS A FALL GUY. THERE IS MORE TO THE KELLY STORY. GUEST: JILL KELLY APPEARS
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| 00:44:35 |
GUEST, -
TO HAVE HAD A LONG-RUNNING RELATIONSHIP -- NOT A SEXUAL RELATIONSHIP -- WITH GENERAL JOHN ALLEN. IT IS NOT CLEAR WHY THE VICTIM'S CORRESPONDENCE WAS...
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| 00:45:57 |
HOST, -
ON PRIVACY AND NEW MEDIA FOR THE CATO INSTITUTE. JULIAN SANCHEZ OF THE CATO INSTITUTE. HE SERVES AS A RESEARCH FELLOW. THANK YOU. GUEST: THANK YOU. HOST:...
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| 00:46:15 |
HOST, -
ABOUT CARBON BASED EMISSIONS AS A WAY TO RAISE MONEY FOR THE GOVERNMENT. LATER, A HOUSE COMMITTEE ON THE HEARING THE THE OF THE MENINGITIS OF BREAK THAT...
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NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.