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Date: Tue, 01 Jan 2008 12:47:48 -0500
From: Lee Dilkie <lee_dilkie@...el.com>
To: bugtraq@...urityfocus.com
Subject: Re: Cryptome: NSA has real-time access to Hushmail servers

Man,

You should read a bit more. Comparing Calea to National Security Letters
is completely out to lunch. For one, Calea requires a court order,
enough evidence has to presented to a judge to convince him to write the
order, a NSL does not.

For another, "telecommunications carrier" refers to carriers, not
content providers. So only your access point is covered (I'm not sure if
internet Calea is even in place yet). But it certainly doesn't cover any
content providers, web and email for example. So HushMail wouldn't fall
under Calea.

And finally, HushMail can't even fall under a NSL because it isn't a US
company and doesn't operate in their country.

gb@...hates.the.constitution.gov wrote:
> Too Guardster Team & Juha-Matti 
>
> Heres the proof. 
>
> U.S. Calea law "Sec. 103. ASSISTANCE CAPABILITY REQUIREMENTS" By U.S. law any telecommunications carrier (thats you HushMail) that does business in the U.S. shall ensure intercept of all wire and electronic communications. So we have two choices, HushMail is telling the truth and knowingly breaking U.S. law. Or Hushmail is lying to the public and is a legal business in the U.S. The simplest answer is the Hushmail is a legal business in the U.S.
>
>
> http://www.askcalea.net/calea/103.html
>   

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