I think there may actually have been a warrant for some part of the access, idk.
I'm not saying it doesn't happen but it would be quite a scandal to find that the government was performing warrantless exploitation of citizen's personal devices. Maybe someone can correct me here and show that this has been the case.
And what's the incentive for someone to tell us, if they are? Become another Snowden or Assange or Manning? Not a very compelling outcome...
The prosecution and police can't simply use inappropriate evidence. In some cases it's possible (and worth the effort) to do 'parallel construction' by getting a warrant for some other evidence confirming the same thing, but it's not something that can be done at scale without it being obvious.
Anything that can make your life harder will do. They can find something that:
- will put a you in a difficult position with friends and family
- break trust in a business relationship
- destroy your reputation in regard of the public
- trigger costly investigations from a 3rd party
- pressure you and take your energy, moral, money, time and health in the process
https://en.wikipedia.org/wiki/United_States_Foreign_Intellig...
It’s perhaps a bit broader than your definition there, but illegal exploitation and subsequent whitewashing of personal data by law enforcement is common enough that is has a name. Parallel construction. https://en.m.wikipedia.org/wiki/Parallel_construction
Another point. For me, being caught zero times doing an illegal thing is a world apart from being caught one time. The chances on you being caught the only time you ever did s specific illegal act is so small that you pretty much go from assumed innocent if you’ve never been caught, to probably guilty if you’ve been caught even once before.
(That’s not an “assumed innocent “ in its legal context, I 100% agree a court should assume 2nd, 3rd, and 100th time convicted people are “innocent until proven guilty” and the prosecution should need to bring a strong enough case ignoring previous conviction to get a fair judgement. But if you’ve been caught using illegal methods before, I’m going to assume it’s something you have convinced yourself is ok, and you’ll do it whenever it suits you so long as you consider the chance of getting caught is low enough.)
In my opinion, it doesn't matter whether the country used an 0day or not when it's willing to actively, warrantlessly wiretap its citizens en masse. And the fact that the NSA is at this point known to have spent enormous money and effort to insert NSA-designed vulnerabilities into commonly-used cryptographic systems means it's pretty hard to believe it didn't use them — and if that's not an "0day," what is?
Source: https://www.theguardian.com/world/2013/sep/05/nsa-gchq-encry...
A key quote, among many:
"Independent security experts have long suspected that the NSA has been introducing weaknesses into security standards, a fact confirmed for the first time by another secret document. It shows the agency worked covertly to get its own version of a draft security standard issued by the US National Institute of Standards and Technology approved for worldwide use in 2006.
"Eventually, NSA became the sole editor," the document states."
Wouldn't this likely mean US is much better than other countries to hide such scandals? E.g. maybe because they spend more money on it?
It could also mean that US media cares less about this than Israel media ([1]). Maybe Israel media has significantly more investigative-journalist manpower than US media. This way we, US citizens, would have fewer people researching such scandals.
[1] EDIT: By "cares less" I meant, as in, US media finds such stories less profitable and thus deprioritizes.
* Belief in national security.
* Unable/unwilling to bite the hand that feeds
* Silenced through lawsuits, threats of lawsuits.
* Corporate decisions.
...
Emphasis mine.
