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Hushmail Passing PGP Keys to the US Government

Posted by Zonk on Sat Nov 17, 2007 01:28 PM
from the this-would-be-nonoptimal dept.
teknopurge writes "Apparently Hushmail has been providing information to law enforcement behind the backs of their clients. Billed as secure email because of their use of PGP, Hushmail has been turning over private keys of users to the authorities on request. 'DEA agents received three CDs which contained decrypted emails for the targets of the investigation that had been decrypted as part of a mutual legal assistance treaty between the United States and Canada. The news will be embarrassing to the company, which has made much of its ability to ensure that emails are not read by the authorities, including the FBI's Carnivore email monitoring software.'"
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[+] Your Rights Online: Is Hushmail Still Safe? 264 comments
Ringo Kamens writes to ask if the use of Hushmail can still be considered a secure method of communication: "For a long time, Hushmail was considered a very secure email provider until an affidavit (PDF) from a DEA agent in 2007 showed that they had handed over 12 CDs of possibly decrypted data to law enforcement. Now, Cryptome has posted that the Hushmail encryption program is no longer the same program for which Hushmail releases their source. Is Hushmail even safe to use anymore?"
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  • by kaufmanmoore (930593) on Saturday November 17 2007, @01:32PM (#21391169)
    the authorise overlords
  • Goodbye Market! (Score:5, Insightful)

    by Fallen Seraph4 (1186821) on Saturday November 17 2007, @01:33PM (#21391187)
    I really hope that they go out of business for this. I mean they extremely deserve it. I know that they probably didn't have much of a choice to hand over the keys, but to continue advertising such security... That's not cricket.
      • by Anonymous Coward on Saturday November 17 2007, @02:22PM (#21391503)
        That may all be well and good, but the fact of the matter is that the design of Hushmail is flawed.

        You never give your private key away to anyone ever. Period. Giving Hushmail a weakly encrypted private key is fishy to start with, but then entering the passphrase to decrypt it in a Hushmail controlled applet is just stupid.

        And it's completely unnecessary because there are very good encryption utilities in existence and it's very trivial to set up a system that is a thousand times more secure than Hushmail. How about Debian + KMail + GnuPG? You don't trust Debian enough, because it's a binary distro and who knows what they secretly put in there? Use Gentoo.

        Perhaps the tinfoil hat crowd will say things like "but there might be a backdoor in your hardware", but Hushmail wouldn't save you from that. And let's be honest here: no one really believes that anyway.

        You may have thought yourself very witty when writing that penultimate paragraph, but the fact of the matter is that in today's world you can actually be as good as sure.
        • Re: (Score:3, Insightful)

          The users demanded a less secure method because it was more convenient. They got what they asked for. Hushmail made it very clear in the process that they were giving up security, and the users still wanted it. We should be blaming the users for ruining Hushmail's reputation, not Hushmail for following the law.
      • Re: (Score:3, Interesting)

        Of course, with the applet they could give you a new one that sends them the decrypted key - I'm not sure of the legality of them doing so, even with a court order.

        If I were them, I'd wipe the private key that's used to sign the applet. That way, if they're ever forced to do this, they'd have to use a different signing certificate, and the users (at least those who had checked the 'always trust applets from Hush Communications' checkbox the first time they signed in) would get an unexpected security dialog
      • I disbelieve .... "Hushmail gives you precisely as much security as they possibly can, and no more." is meaningless when they fail to share that they have a policy of going turn coat on you. Billing yourself as a oasis when its a mirage is more like it.
      • by badfish99 (826052) on Saturday November 17 2007, @03:07PM (#21391853)
        Hushmail gives you precisely as much security as they possibly can, and no more.

        I don't know much about Hushmail, but I looked at their website, and they seem to want about $50 per year for what is basically GPG, and therefore available free. Except that, since java applets are downloaded from the server, there's no way to be sure that what you're actually running is what they claim that you are running, so their system might have all sorts of insecurities and backdoors, even if their source code looks OK. So they might give you as much security as they can, or they might be a bunch of cowboys. How do you tell? I certainly wouldn't trust them with my secrets.
        • Passphrase encryption is weak shit, also it's trivially easy for them to launch a man in the middle attack ... having a secure and valid keychain is just as important as having a secure private key.
          Huh? The security of "passphrase encryption" depends solely on how hard your password is to guess. Aside from that, it's AES-128, which is perfectly good encryption. If you use a trivially-guessable password, you're sunk. But if you used, say, 19 random ASCII characters, you're at more than 128 bits of randomness. At 50 guesses per second you're still talking about a brute-force time that's 2.15805661 × 10^29 years, based on my quick envelope-back numbers. And if you're at all concerned about the government spying on you, you'd better be using those sorts of passphrases.

          (Of course, if you use a single dictionary word or only a handful of ASCII characters, then the brute forcing is trivial, but that's a PEBKAC problem, not a cryptographic one.)
  • Alternatives? (Score:5, Insightful)

    by InvisblePinkUnicorn (1126837) on Saturday November 17 2007, @01:34PM (#21391189)
    What alternatives are there besides Hushmail?
    • Re:Alternatives? (Score:5, Insightful)

      by John Hasler (414242) on Saturday November 17 2007, @01:40PM (#21391221)
      > What alternatives are there besides Hushmail?

      GPG works fine.
    • Re:Alternatives? (Score:5, Insightful)

      by Bert64 (520050) <bert@@@slashdot...firenzee...com> on Saturday November 17 2007, @01:41PM (#21391225) Homepage
      If you want encrypted mail, run the encryption yourself... GPG is freely available. Then it doesn't matter via which service you transmit the mail.
        • Re:Web Mail (Score:5, Insightful)

          by N7DR (536428) on Saturday November 17 2007, @02:32PM (#21391587)
          Are there any alternatives for people that must use Web mail

          FireGPG. I haven't used it, but the blurb seems to indicate that that does the trick, at least for gmail.

          • by Grendel Drago (41496) on Saturday November 17 2007, @04:52PM (#21392607) Homepage
            I just can't imagine sticking my PGP key and passphrase anywhere near my web browser. Sure, I use NoScript and all that jazz, but browsers are some of the most insecure programs in existence. Encryption keys are supposed to be kept as secure as possible; it strikes me as insane to let them touch the swiss-cheesiest app on the machine.
    • Re: (Score:3, Interesting)

      FireGPG? [tuxfamily.org]. Quoting the website:

      "FireGPG is a Firefox extension under GPL which brings an interface to encrypt, decrypt, sign or verify the signature of text in any web page using GnuPG. FireGPG adds an contextual menu to access to some useful functions. We will support some webmails. Currently, only Gmail is supported (some useful buttons are added in the interface of this webmail!)."

      I haven't used it or Hushmail*, but it looks interesting. It does lack the portability, though. Maybe it could be made to
    • Re:Alternatives? (Score:5, Insightful)

      by drix (4602) on Saturday November 17 2007, @03:31PM (#21392003) Homepage
      FireGPG. It frikkin sticks buttons onto the Gmail UI for sign, encrypt, decrypt, verify, etc. Doesn't get much easier than that folks.

      BTW as rummy as this story is, it's also a good sign that the Feds doesn't possess some magical method of factoring enormous primes that they're not telling anyone about.
    • Re:Alternatives? (Score:5, Insightful)

      by Niten (201835) on Saturday November 17 2007, @05:46PM (#21393021) Homepage

      What alternatives are there besides Hushmail?

      This isn't meant as one of those haughty, holier-than-thou remarks that it might initially sound like: The best solution is to run your mail user agent yourself, on your own hardware. Really.

      These days it's easy to find an old PC or Mac / Soekris box / Linksys router and install OpenBSD or Linux on it. Then you not only have a more powerful and secure router than you started out with, you also have a general-purpose Unix server at your disposal; set up a free dynamic DNS account from DynDNS.com [dyndns.com] or the likes (in conjunction with the ddclient update script from the OpenBSD ports tree or Debian repositories) and OpenSSH, and you have a secure and efficient way to log into this system from anywhere on the public Internet. That's one step away from a remote access mail client with far greater security than any web-based company will provide you.

      A few pointers:

      • Set up daily, automatic backups of your mail folders with rsync! Don't lose your mail.
      • You'll need a command-line mail user agent so that you can access all this by SSH. Mutt is my favorite, but others swear by Pine or the Emacs client.
      • You can use msmtp to relay, and fetchmail to download, your messages from a remote server; or you can set up your own mail service if your ISP allows it. Consider using procmail to sort incoming messages.
      • Configure S/KEY passwords on your home server: this way you can login from a somewhat untrusted client, yet rest assured that your password cannot be surreptitiously cached and used again.
      • Access your mail on the server as a non-wheel user. Now even if somebody does compromise that account (a risk that is, in my opinion, far lower than the risk taken in using web-based systems), they will not have immediate control over the entire system.
      • Carry Putty [greenend.org.uk] around with you on your USB memory device, in case you need to login from a Windows client. Putty is much smaller and more manageable than keeping your own personal copy of Firefox, and it will happily run from the USB stick without any installation or modification required.
      • Install GPG on the server and import your keyrings.

      This approach has a number of advantages over using any third-party web based system. The most obvious one is that in this configuration, GPG runs entirely on the server, keeping your encryption keys safe from untrusted clients. Also, because you are not using a web application, this system is immune to CSRF and XSS attacks. And OpenSSH offers a wide variety of authentication options, many of them far more secure in real-world scenarios than the simple username/password schemes implemented by most web apps.

      Real information security takes real work, and as Hushmail has so kindly demonstrated for us, it isn't sound to exclude your own hosting company from your threat analysis. Why not simplify things and host part of your mail system yourself - the part that matters, where your encryption keys are stored and your messages are cached. Sure, it won't protect you from every vector of attack; but if your system does get attacked, it will be much more difficult for the attacker to do so entirely behind your back.

      I'm not claiming that such a setup is for everyone. But if you want better security than what Hushmail was able to provide, this is what you need to do. If this is more work than you're willing to put in, it important to realize what you're giving up, and that there are no vastly "better alternatives" in the web-based secure email cottage industry. Or in other words: if you want something done right, do it yourself.

  • by Valdrax (32670) on Saturday November 17 2007, @01:34PM (#21391191)
    I guess this is a brief lesson in why one should never fully trust the encryption of your private materials to a third party.
  • by WK2 (1072560) on Saturday November 17 2007, @01:34PM (#21391195) Homepage
    There are several facts missing from the article:

    1) Was there a court order? Or Canadian equivalent?
    2) Did hushmail lie? The obviously commited willful deception, but did they outright lie?
    3) Did hushmail violate it's TOS?
    4) Did hushmail do anything illegal?

    Of course, what the article did mention is important, especially to hushmail, and potential hushmail users. However, it would have been nice if they had dug a little bit to answer these obvious questions.
    • by Albanach (527650) on Saturday November 17 2007, @01:49PM (#21391285) Homepage
      The Register ran an article on this last week. From their piece:


      US federal law enforcement agencies have obtained access to clear text copies of encrypted emails sent through Hushmail as part a of recent drug trafficking investigation.

      The access was only granted after a court order was served on Hush Communications, the Canadian firm that offers the service.

      Hush Communications said it would only accede to requests made in respect to targeted accounts and via court orders filed through Canadian court.

    • by bcrowell (177657) on Saturday November 17 2007, @02:07PM (#21391417) Homepage
      The Wikipedia article [wikipedia.org] has a bunch of good references. The slashdot summary seems to be incorrect in some of its particulars. If you read the various articles, none of them seem to say that hushmail turned over private keys. They turned over cleartext of messages. Yes, there was a court order (see the more recent wired article). No, hushmail doesn't seem to have lied to their users in general -- the wired article praises them for their honesty -- but they do seem to have put a strong marketing spin on the lack of real security in the JS implementation of their service (as opposed to the original, more secure Java applet, in which the private keys never left the client machine).
    • by justzisguy (573704) on Saturday November 17 2007, @02:08PM (#21391421)
      This is all old news that was spelled out in a much more detailed article on Wired [wired.com] last week. To subvert those that don't RTFA, I'll answer your questions here on /.:
      1. Hushmail was served with a court order issued by the British Columbia Supreme Court (the Feds in Bakersfield, CA had to forward their request to the Canadian government)
      2. Hushmail glosses over the vulnerability to private key capture in their non-Java based web client, but it is mentioned. The Java client never transmits the private key (you still must trust the client, source code is available; compare the hashes)
      3. No, Hushmail's TOS do not prevent them with complying with a legal court order. Their users also must not break the law, per the TOS.
      4. Hushmail followed Canadian law perfectly.
      So what can we learn from this? First, don't do illegal things (and use Hushmail or anything else). Second, while their non-Java client is convenient for avoiding the bulk of your traffic getting sucked up by programs like Carnivore [wikipedia.org], use the Java client and not even Hushmail can hand anything over (they never received the private key, even for an instant).
    • by Frosty Piss (770223) on Saturday November 17 2007, @02:18PM (#21391477)

      2) Did hushmail lie? The obviously commited willful deception, but did they outright lie?
      Come on now. It's the same thing.
  • by KevMar (471257) on Saturday November 17 2007, @01:36PM (#21391203) Homepage Journal
    No mater how secure a company claims to be, you can't expect them to not fallow the law.
  • by Albanach (527650) on Saturday November 17 2007, @01:37PM (#21391213) Homepage
    This is only possible because users want the convenience of letting the Hushmail servers do the encryption on their behalf. To do this they have to hand over their encryption key, and once it's out of your control, so should be any expectation of privacy.

    I'm not sure what users expect. If a legitimate legal request that is clearly going to stand up to any legal challenge comes in and you give the company the ability to decrypt the messages you send, the company has no option but to comply.

    If Hushmail users want privacy they need to put up with the inconvenience of using an applet to sign their messages, and should be checking the hash of the Applet each time it is downloaded too so they can ensure it hasn't had a backdoor added. ideally the applet shouldn't send anything over the network, it should just encrypt the text and pass the pgp encrypted text content to the browser compose window. Then the user can check the data doesn't include anything they didn't put there themselves.
  • kind of defeats the purpose, I'd say.

  • by crypTeX (643412) on Saturday November 17 2007, @01:47PM (#21391271)
    Is everyone forgetting that this is a relatively small company. How many people believe that if The Suits show up with something that looks official on paper that a company with people who want to look out for their own families and such will say "No, we're not giving you that." If the algorithm is secure, you have to keep your own key. I'm not willing to go to prison for your secret, let me know if you find someone who think truly is.
        • Re: (Score:3, Insightful)

          Actually they are quite forthcoming, you just need to practice what is called 'Due Diligence' and READ. I know it's an uncommon skill nowadays.

          Where does it say this? The only mention on the home page is at the bottom, "Hushmail without Java is now available". OK. Say I don't particularly care whether or not Java is used; I click on the "sign up for free email" button.

          The text on this page is:

          New Secure Email Account
          Welcome to Hushmail, the world's premier free, secure web-based email and document storag

  • Lesson Learned: (Score:5, Insightful)

    by nurb432 (527695) on Saturday November 17 2007, @01:49PM (#21391287) Homepage Journal
    Don't trust someone else to do what you should be doing yourself.
  • by headhot (137860) <tom@ruptur[ ]et ['e.n' in gap]> on Saturday November 17 2007, @01:56PM (#21391327) Homepage
    Hushmail has 2 options, client side encryption which is done via a java plug in, and server side encryption.

    They only had the keys to give away for those people who chose server side encryptions. They don't have the private keys for those who cleint side.

    Also, when you choose you method, Hushmail tells you that server side is much less secure. They and anybody else operating in the US would have to turn over the private keys they heald with a court order.

    Whats the leason? Key your private keys private. Duh.
  • by tommyatomic (924744) on Saturday November 17 2007, @01:58PM (#21391347)
    Here is a link to a wired article about the same issue. However wired actually bothered to contact the Hushmail and got a response from the CTO Brian Smith. Apparently it is not a clearcut as the OP and TFA suggests. http://blog.wired.com/27bstroke6/2007/11/encrypted-e-mai.html [wired.com]
  • Wrong wrong wrong (Score:5, Insightful)

    by starfishsystems (834319) on Saturday November 17 2007, @02:00PM (#21391365) Homepage
    I've seen several comments already to the effect that we should know better than to trust PGP or other forms of asymmetric encryption.

    These comments are misguided.

    The crypto is fine. It's just been applied in an obviously flawed manner. Of course if some third party obtains your private key, your should assume that your communications are no longer secure. What part of that is hard to understand?

    There way asymmetric crypto is supposed to work, you generate the key pair yourself. Then you give out the public key. You never ever give out the private key.

    As an exercise, think about the following scenario. You go to a website which purports to offer some kind of secure service based on asymmetric crypto, using for example PGP keys or X.509 certificates. The site asks you to supply a bunch of identity information. It then generates a key pair for you.

    What part of this scenario should you trust? The answer: no part! It's not the function of another party to generate your key pair for you. You must do this yourself. You must closely guard the private key, store it securely, never give it out, and avoid transmitting it in cleartext. Got that? Then your problems are over.

  • by pavon (30274) on Saturday November 17 2007, @02:01PM (#21391371)
    This only applies if you use their webmail service with server side encryption. They have to have your key in order to encrypt/decrypt server-side, and they have to turn it over to the authorities if they have a valid warrent. It's the law.

    If you use their client-side Java applet to do the encryption on your computer - as they strongly recommends that you do - then this is not an issue. Hushmail never see you keys and thus cannot be compelled to hand them over.

    Several other sites covered this story earlier in the month all without the crappy sensationalism of slashdot. I first saw it at arstechnica [arstechnica.com], which linked to an interview with the CEO by wired [wired.com].

    I'm not usually one to hard on individual slashdot editors, but this is the 4th intentionally misleading troll that zonk has posted today. It is crap like this that caused me to not renew my slashdot subscription so many years.
    • Re: (Score:3, Insightful)

      If you use their client-side Java applet to do the encryption on your computer - as they strongly recommends that you do - then this is not an issue.

      If they "strongly recommend" this, why is it off by default?
  • War on drugs (Score:4, Insightful)

    by apparently (756613) on Saturday November 17 2007, @02:30PM (#21391573)
    How awesome is it that a company's reputation and income has to suffer (potentially unrecoverably) in order to comply with a court order, all in the name of The War on Drugs. Yay America: putting business out of business and restricting citizen's rights to their bodies, all at the same time!
  • by Deliveranc3 (629997) on Saturday November 17 2007, @02:52PM (#21391763) Journal
    That the NSA and CIA are widely believed to have the best hackers and cryptographers in North America.

    The most successful hackers have been social hackers... and will continue to be.
  • by m2943 (1140797) on Saturday November 17 2007, @04:19PM (#21392309)
    If you use a company that promises to hide your messages from the government, you can be sure that that's the first place the government looks!
    • Re: (Score:3, Insightful)

      "How do you possibly get "authorise" from "authorities"?

      First suggestion of the spell checker?

      But more on topic:

      What do you expect when you PRIVATE key is stored somewhere you do not control access to? kind of dumb, if you ask me.
          • by Jeremiah Cornelius (137) on Saturday November 17 2007, @02:03PM (#21391387) Homepage Journal
            It was on the Cypherpunks list - then picked up at CRYPTOME.

            http://cryptome.org/hushmail-rat.htm [cryptome.org]
          • by CaptainTux (658655) on Saturday November 17 2007, @02:33PM (#21391601) Homepage Journal
            The difference, I would think, would is fairly obvious to most people. GMail and Yahoo don't give you a promise of "unbreakable encryption for your emails" that even the government can't break. There's no question that Google will share your information when properly ask to do so by law enforcement. It's in their Terms of Service. You know what to expect and you use your GMail or Yahoo accordingly.

            On the same token, while I am appalled at HushMail's actions, it's for a different reason than most here I suspect. I don't have a problem with HushMail sharing information about customers engaging in illegal behavior with the authorities. Those people don't deserve their activities to be protected - they're illegal. But I DO have a problem with HushMail not disclosing that they're doing it right up front. Now, I've not fully read their ToS so maybe they do but their statements on the website would lead you to believe they aren't.

            Really though, why would anyone use a PUBLIC service to conduct illicit activities? Setting up a private mail system complete with encryption is trivial and MUCH more secure.
            • Re: (Score:3, Insightful)

              Only problem with that is this-have you ever seen a federal law book? Or one for an average state? Not to mention all the "we can do it because of national security" crap. The simple fact is, ready for this- EVERYONE IS DOING SOMETHING ILLEGAL!!! If they look through the books they can find SOMETHING you have done which would break a law. So why should this email bunch even bother with encryption? And why would anyone trust this email bunch again?

              I know it is more of a PITA, but there is a good reason w

              • by PopeRatzo (965947) * on Saturday November 17 2007, @04:54PM (#21392633) Homepage Journal

                Encrypt it yourself

                Mark my words, there's going to be an effort to make any personal encryption illegal. I know all the arguments about why this "can't happen" and why we'll all be able to get around any law regarding personal use of encryption, but that's not going to stop the government from trying to outlaw it. And it's going to happen under the guise of "fighting terrorism". Further, it doesn't really matter if Mrs Clinton or Rudy Ghouliani become president. Either one will try to outlaw personal use of encryption. I'm not one of those people who believe there's no difference between the two political parties, and I don't believe any of the other Democratic candidates would go this way, but my sense is that Mrs Clinton is as enamored with secretive authoritarianism as any Republican corporatist.

                Now, to be fair, Hushmail was probably pushed pretty hard by the NSA or FBI or DOJ to give up the PGP keys. They're trying to make a go of their little business and some alphabet outfit comes and basically lays it out that they can either play ball and let go of the keys or cease to exist. They couldn't even go to court to fight it because the government just has to say that "national security" is at stake and the case is thrown out. That's how bad it's already become.

                But still, any provider of online communication services who does this must be given the consumer death penalty. It may be unfair to boycott a company that is otherwise good when they come up against this type of government bullying, but if we don't make a stand, every single company we rely on is going to fold to the government. We have to let any company that is going to handle our information that giving up our stuff without a warrant means they lose their customers. We're going to have to be every bit as ruthless as the corporate power establishment that is masquerading as our government.

                If any of you have Lexis/Nexis, just take a quick look at the unbelievable acceleration of the destruction of our constitutional freedoms that has happened in the last 7 years. Although there's always been a push/pull in this kind of thing (after the Nixon years, the pendulum swung the other way for a while, with many laws protecting our freedoms shored up by congress), there's never been an administration that has been so outright hostile to our Constitution, and never has there been a court system so willing to acquiesce to the "Unitary Executive". If you look at the current makeup of the Supreme Court for example, we have a majority of activist, anti-freedom, reckless justices from the Chief on down. It's chilling. If Bush gets one more appointment, it's game over for at least three generations. Even without one more appointment, the Court has never been this hostile to personal freedom and willing to lie, twist and simply ignore our Constitution.

                It's time that we take privacy and our freedoms into consideration with every decision we make, especially the economic ones. My wife and kid and I have already decided to make every effort to subvert the consumerist agenda that is being forced down our throats. Instead of borrowing to spend, we save. Instead of investing in the corporations that are our adversaries, we invest in family and neighbors. No carrying balances on our credit cards. No home equity loans to take vacations or buy HDTVs. Interestingly, our standard of living has improved. And when a company is hostile to our interests, we don't do business with them, and we encourage all our friends to stop doing business with them too. We're rooting for a horrible xmas buying season. When we heard that consumer confidence fell dramatically, we cheered because it means people are waking up. Once we realize that corporations use the same FUD to keep us buying and borrowing that the government uses to get us to give up our freedoms and privacy, we learned that there are worse things than a downturn in the economy - especially since the current economic model is feeding on midd

            • Re: (Score:3, Interesting)

              I don't have a problem with HushMail sharing information about customers engaging in illegal behavior with the authorities. Those people don't deserve their activities to be protected - they're illegal.
              Things can be made illegal at a whim or your masters. Be wary of allowing them to dictate what is and is not right.
            • by shaitand (626655) on Saturday November 17 2007, @04:34PM (#21392443) Homepage Journal
              'Those people don't deserve their activities to be protected - they're illegal.'

              They deserve to have their activities protected unless those activities are wrong and it really isn't for Hushmail to say whether or not they are wrong. Illegal really has nothing to do with it. Many things were illegal in Nazi Germany or are illegal in China, or Russia, or the United States, or that doesn't mean they are wrong or immoral. Many laws are innately immoral.

              Unfortunately many people forget that even a democratic government is an entity in itself with interests that differ from yours and from the actual citizenry. Even if the books weren't filled with preposterous laws that would make criminals of good decent and ethical individuals total law enforcement would be a bad thing.
              • by TempeTerra (83076) on Saturday November 17 2007, @05:53PM (#21393063)
                In principle I agree with you, but I think there is the same problem with focussing on immorality as there is on illegality. Standards of morality differ, and what's worse is that when something is 'immoral' people get much angrier than when something is illegal.

                Prostitution, for example, varies widely in whether it is considered illegal or immoral. I would be appalled if supposedly secure communications could be seized because they contained evidence of consensual sex for money.

                The only position I find tenable is that secure communication must be considered a right of free people. Yes, that means that the murderers, child molesters and terrorists will have it too, but the alternative is that nobody has secure communication.

                Certainly there are technological solutions, such as proper use of encryption. But because of cases like this I would like to legal and social support for the right, such as laws making communications that were 'reasonably believed to be secure' inadmissable as evidence. I would also love to hear a group like the NRA saying that the right to secure communication is as essential as the right to bear arms. It certainly is in my mind.
        • How did this happen? Fuck knows. It isn't supposed to be possible. Hushmail's system was supposedly designed so that they couldn't do this, even if they wanted to. Perhaps one of them was running with an incredibly weak passphrase and hushmail cracked it on behalf of the feds...? All I can think of.
          TFA is crappy in this regard, there are better articles which explain what happened in more detail. (Full disclosure: I submitted this Wired article [wired.com] to /. but apparently got beaten.)

          Basically, Hushmail has two main modes of operation. One of them is (reasonably) secure, the other is a trainwreck.

          In one mode, the 'secure' one, you -- the user -- access their site and download a Java applet to your browser, which contains the OpenPGP encryption engine. You type your emails, they're encrypted on your machine, and sent to the server that way. Hushmail never, at any point in the operation, knows the password to your private key.

          Now, because a lot of people use browsers that don't support Java, as of a few years ago, Hushmail came up with an alternative, which doesn't require it. Instead of using a Java applet, it works like a regular HTML/HTTPS webmail system, and all the encryption is done on the server. This means you don't need to be able to run the Java applet on your client machine.

          However, and this is the crucial part, when you use this second mode even once, you expose the passphrase to your private key to Hushmail. And that's how they could decrypt all the messages. Once a person used the insecure service, they had basically sold themselves down the river. Hushmail had their passphrase, and from there could decrypt their private key, and from there get at all their messages. (Or at least their incoming messages; I don't know whether Hushmail encrypts outgoing messages to the sender's private key as well as the recipient's.)

          From what I can tell, if you used Hushmail and were careful to always use the Java-based service, you wouldn't necessarily be vulnerable to this sort of attack. Since Hushmail wouldn't have your passphrase, the most they could do would be to hand over your encrypted messages and encrypted keys to the Feds, who would then have to try to brute-force your private key. (Meaning, everything would rest on how good a passphrase you used...)

          Of course, any time you're depending on a downloaded applet for encryption, you're at the mercy of whomever you're downloading it from ... there's no reason (other than it being more difficult) that Hushmail couldn't be forced to "poison" their Java applet, or backdoor its encryption engine. Unless you're going to examine the code yourself each time, you have no way of really trusting it. But that's a lot more technically difficult than just grabbing the password from the server-side decryption engine, which appears to be what they did.
          • Re: (Score:3, Insightful)

            If they can reset the password , it means that the emails themselves are not encrypted using that password . Otherwise , resseting your password would result in loss of all your emails .

    • Re: (Score:3, Interesting)

      OK, I am embarrassed. They really didn't have much choice except to go out of business given both a fully legal (though it shouldn't be) court order and the fact that the users in question were foolish enough to make their private keys available. I should have read more before firing off. Mea culpa.
        • Re: (Score:3, Insightful)

          The company had no leverage. Even if they fought it to the end, they still would have lost.

          Its not a brach of contract because you can not add illegal stipulations on a contract.

          And the company is not allowed to inform the individual that they gave up the keys.

          The law overides any right to privacy we think we have. We talk all we want, but when we step up to the law, we have nothing to stand on. The only way we can win is by chaning the law. Even if I do all the encryption myself, they can come to me an