Page 1 of 1
The important piece of this story is not that GoGo complies with the law, but that it goes above and beyond what is required by law. It has voluntarily decided to violate your privacy and turn your data over to the government.
The FBI wants a new law that will make it easier to wiretap the Internet. Although its claim is that the new law will only maintain the status quo, it’s really much worse than that. This law will result in less-secure Internet products and create a foreign industry in more-secure alternatives. It will impose costly burdens on affected companies. It will assist totalitarian governments in spying on their own citizens. And it won’t do much to hinder actual criminals and terrorists.
As the FBI sees it, the problem is that people are moving away from traditional communication systems like telephones onto computer systems like Skype. Eavesdropping on telephones used to be easy. The FBI would call the phone company, which would bring agents into a switching room and allow them to literally tap the wires with a pair of alligator clips and a tape recorder. In the 1990s, the government forced phone companies to provide an analogous capability on digital switches; but today, more and more communications happens over the Internet.
What the FBI wants is the ability to eavesdrop on everything. Depending on the system, this ranges from easy to impossible. E-mail systems like Gmail are easy. The mail resides in Google’s servers, and the company has an office full of people who respond to requests for lawful access to individual accounts from governments all over the world. Encrypted voice systems like Silent Circle are impossible to eavesdrop on—the calls are encrypted from one computer to the other, and there’s no central node to eavesdrop from. In those cases, the only way to make the system eavesdroppable is to add a backdoor to the user software. This is precisely the FBI’s proposal. Companies that refuse to comply would be fined $25,000 a day.
The FBI believes it can have it both ways: that it can open systems to its eavesdropping, but keep them secure from anyone else’s eavesdropping. That’s just not possible. It’s impossible to build a communications system that allows the FBI surreptitious access but doesn’t allow similar access by others. When it comes to security, we have two options: We can build our systems to be as secure as possible from eavesdropping, or we can deliberately weaken their security. We have to choose one or the other.
This is an old debate, and one we’ve been through many times. The NSA even has a name for it: the equities issue. In the 1980s, the equities debate was about export control of cryptography. The government deliberately weakened U.S. cryptography products because it didn’t want foreign groups to have access to secure systems. Two things resulted: fewer Internet products with cryptography, to the insecurity of everybody, and a vibrant foreign security industry based on the unofficial slogan “Don’t buy the U.S. stuff—it’s lousy.”
In 1993, the debate was about the Clipper Chip. This was another deliberately weakened security product, an encrypted telephone. The FBI convinced AT&T to add a backdoor that allowed for surreptitious wiretapping. The product was a complete failure. Again, why would anyone buy a deliberately weakened security system?
In 1994, the Communications Assistance for Law Enforcement Act mandated that U.S. companies build eavesdropping capabilities into phone switches. These were sold internationally; some countries liked having the ability to spy on their citizens. Of course, so did criminals, and there were public scandals in Greece (2005) and Italy (2006) as a result.
In 2012, we learned that every phone switch sold to the Department of Defense had security vulnerabilities in its surveillance system. And just this May, we learned that Chinese hackers breached Google’s system for providing surveillance data for the FBI.
The new FBI proposal will fail in all these ways and more. The bad guys will be able to get around the eavesdropping capability, either by building their own security systems—not very difficult—or buying the more-secure foreign products that will inevitably be made available. Most of the good guys, who don’t understand the risks or the technology, will not know enough to bother and will be less secure. The eavesdropping functions will 1) result in more obscure—and less secure—product designs, and 2) be vulnerable to exploitation by criminals, spies, and everyone else. U.S. companies will be forced to compete at a disadvantage; smart customers won’t buy the substandard stuff when there are more-secure foreign alternatives. Even worse, there are lots of foreign governments who want to use these sorts of systems to spy on their own citizens. Do we really want to be exporting surveillance technology to the likes of China, Syria, and Saudi Arabia?
The FBI’s short–sighted agenda also works against the parts of the government that are still working to secure the Internet for everyone. Initiatives within the NSA, the DOD, and DHS to do everything from securing computer operating systems to enabling anonymous web browsing will all be harmed by this.
What to do, then? The FBI claims that the Internet is “going dark,” and that it’s simply trying to maintain the status quo of being able to eavesdrop. This characterization is disingenuous at best. We are entering a golden age of surveillance; there’s more electronic communications available for eavesdropping than ever before, including whole new classes of information: location tracking, financial tracking, and vast databases of historical communications such as e-mails and text messages. The FBI’s surveillance department has it better than ever. With regard to voice communications, yes, software phone calls will be harder to eavesdrop upon. (Although there are questions about Skype’s security.) That’s just part of the evolution of technology, and one that on balance is a positive thing.
Think of it this way: We don’t hand the government copies of our house keys and safe combinations. If agents want access, they get a warrant and then pick the locks or bust open the doors, just as a criminal would do. A similar system would work on computers. The FBI, with its increasingly non-transparent procedures and systems, has failed to make the case that this isn’t good enough.
Finally there’s a general principle at work that’s worth explicitly stating. All tools can be used by the good guys and the bad guys. Cars have enormous societal value, even though bank robbers can use them as getaway cars. Cash is no different. Both good guys and bad guys send e-mails, use Skype, and eat at all-night restaurants. But because society consists overwhelmingly of good guys, the good uses of these dual-use technologies greatly outweigh the bad uses. Strong Internet security makes us all safer, even though it helps the bad guys as well. And it makes no sense to harm all of us in an attempt to harm a small subset of us.
This essay originally appeared in Foreign Policy.
As part of the fallout of the Boston bombings, we’re probably going to get some new laws that give the FBI additional investigative powers. As with the Patriot Act after 9/11, the debate over whether these new laws are helpful will be minimal, but the effects on civil liberties could be large. Even though most people are skeptical about sacrificing personal freedoms for security, it’s hard for politicians to say no to the FBI right now, and it’s politically expedient to demand that something be done.
If our leaders can’t say no—and there’s no reason to believe they can—there are two concepts that need to be part of any new counterterrorism laws, and investigative laws in general: transparency and accountability.
Long ago, we realized that simply trusting people and government agencies to always do the right thing doesn’t work, so we need to check up on them. In a democracy, transparency and accountability are how we do that. It’s how we ensure that we get both effective and cost-effective government. It’s how we prevent those we trust from abusing that trust, and protect ourselves when they do. And it’s especially important when security is concerned.
First, we need to ensure that the stuff we’re paying money for actually works and has a measureable impact. Law-enforcement organizations regularly invest in technologies that don’t make us any safer. The TSA, for example, could devote an entire museum to expensive but ineffective systems: puffer machines, body scanners, FAST behavioral screening, and so on. Local police departments have been wasting lots of post-9/11 money on unnecessary high-tech weaponry and equipment. The occasional high-profile success aside, police surveillance cameras have been shown to be a largely ineffective police tool.
Sometimes honest mistakes led organizations to invest in these technologies. Sometimes there’s self-deception and mismanagement—and far too often lobbyists are involved. Given the enormous amount of security money post-9/11, you inevitably end up with an enormous amount of waste. Transparency and accountability are how we keep all of this in check.
Second, we need to ensure that law enforcement does what we expect it to do and nothing more. Police powers are invariably abused. Mission creep is inevitable, and it results in laws designed to combat one particular type of crime being used for an ever-widening array of crimes. Transparency is the only way we have of knowing when this is going on.
For example, that’s how we learned that the FBI is abusing National Security Letters. Traditionally, we use the warrant process to protect ourselves from police overreach. It’s not enough for the police to want to conduct a search; they also need to convince a neutral third party—a judge—that the search is in the public interest and will respect the rights of those searched. That’s accountability, and it’s the very mechanism that NSLs were exempted from.
When laws are broken, accountability is how we punish those who abused their power. It’s how, for example, we correct racial profiling by police departments. And it’s a lack of accountability that permits the FBI to get away with massive data collection until exposed by a whistleblower or noticed by a judge.
Third, transparency and accountability keep both law enforcement and politicians from lying to us. The Bush Administration lied about the extent of the NSA’s warrantless wiretapping program. The TSA lied about the ability of full-body scanners to save naked images of people. We’ve been lied to about the lethality of tasers, when and how the FBI eavesdrops on cell-phone calls, and about the existence of surveillance records. Without transparency, we would never know.
A decade ago, the FBI was heavily lobbying Congress for a law to give it new wiretapping powers: a law known as CALEA. One of its key justifications was that existing law didn’t allow it to perform speedy wiretaps during kidnapping investigations. It sounded plausible—and who wouldn’t feel sympathy for kidnapping victims?—but when civil-liberties organizations analyzed the actual data, they found that it was just a story; there were no instances of wiretapping in kidnapping investigations. Without transparency, we would never have known that the FBI was making up stories to scare Congress.
If we’re going to give the government any new powers, we need to ensure that there’s oversight. Sometimes this oversight is before action occurs. Warrants are a great example. Sometimes they’re after action occurs: public reporting, audits by inspector generals, open hearings, notice to those affected, or some other mechanism. Too often, law enforcement tries to exempt itself from this principle by supporting laws that are specifically excused from oversight…or by establishing secret courts that just rubber-stamp government wiretapping requests.
Furthermore, we need to ensure that mechanisms for accountability have teeth and are used.
As we respond to the threat of terrorism, we must remember that there are other threats as well. A society without transparency and accountability is the very definition of a police state. And while a police state might have a low crime rate—especially if you don’t define police corruption and other abuses of power as crime—and an even lower terrorism rate, it’s not a society that most of us would willingly choose to live in.
We already give law enforcement enormous power to intrude into our lives. We do this because we know they need this power to catch criminals, and we’re all safer thereby. But because we recognize that a powerful police force is itself a danger to society, we must temper this power with transparency and accountability.
This essay previously appeared on TheAtlantic.com.
On Monday, The New York Times reported that President Obama will seek sweeping laws enabling law enforcement to more easily eavesdrop on the internet. Technologies are changing, the administration argues, and modern digital systems aren’t as easy to monitor as traditional telephones.
The government wants to force companies to redesign their communications systems and information networks to facilitate surveillance, and to provide law enforcement with back doors that enable them to bypass any security measures.
The proposal may seem extreme, but—unfortunately—it’s not unique. Just a few months ago, the governments of the United Arab Emirates, Saudi Arabia and India threatened to ban BlackBerry devices unless the company made eavesdropping easier. China has already built a massive internet surveillance system to better control its citizens.
Formerly reserved for totalitarian countries, this wholesale surveillance of citizens has moved into the democratic world as well. Governments like Sweden, Canada and the United Kingdom are debating or passing laws giving their police new powers of internet surveillance, in many cases requiring communications system providers to redesign products and services they sell. More are passing data retention laws, forcing companies to retain customer data in case they might need to be investigated later.
Obama isn’t the first U.S. president to seek expanded digital eavesdropping. The 1994 CALEA law required phone companies to build ways to better facilitate FBI eavesdropping into their digital phone switches. Since 2001, the National Security Agency has built substantial eavesdropping systems within the United States.
These laws are dangerous, both for citizens of countries like China and citizens of Western democracies. Forcing companies to redesign their communications products and services to facilitate government eavesdropping reduces privacy and liberty; that’s obvious. But the laws also make us less safe. Communications systems that have no inherent eavesdropping capabilities are more secure than systems with those capabilities built in.
Any surveillance system invites both criminal appropriation and government abuse. Function creep is the most obvious abuse: New police powers, enacted to fight terrorism, are already used in situations of conventional nonterrorist crime. Internet surveillance and control will be no different.
Official misuses are bad enough, but the unofficial uses are far more worrisome. An infrastructure conducive to surveillance and control invites surveillance and control, both by the people you expect and the people you don’t. Any surveillance and control system must itself be secured, and we’re not very good at that. Why does anyone think that only authorized law enforcement will mine collected internet data or eavesdrop on Skype and IM conversations?
These risks are not theoretical. After 9/11, the National Security Agency built a surveillance infrastructure to eavesdrop on telephone calls and e-mails within the United States. Although procedural rules stated that only non-Americans and international phone calls were to be listened to, actual practice didn’t always match those rules. NSA analysts collected more data than they were authorized to and used the system to spy on wives, girlfriends and famous people like former President Bill Clinton.
The most serious known misuse of a telecommunications surveillance infrastructure took place in Greece. Between June 2004 and March 2005, someone wiretapped more than 100 cell phones belonging to members of the Greek government—the prime minister and the ministers of defense, foreign affairs and justice—and other prominent people. Ericsson built this wiretapping capability into Vodafone’s products, but enabled it only for governments that requested it. Greece wasn’t one of those governments, but some still unknown party—a rival political group? organized crime?—figured out how to surreptitiously turn the feature on.
Surveillance infrastructure is easy to export. Once surveillance capabilities are built into Skype or Gmail or your BlackBerry, it’s easy for more totalitarian countries to demand the same access; after all, the technical work has already been done.
Western companies such as Siemens, Nokia and Secure Computing built Iran’s surveillance infrastructure, and U.S. companies like L-1 Identity Solutions helped build China’s electronic police state. The next generation of worldwide citizen control will be paid for by countries like the United States.
We should be embarrassed to export eavesdropping capabilities. Secure, surveillance-free systems protect the lives of people in totalitarian countries around the world. They allow people to exchange ideas even when the government wants to limit free exchange. They power citizen journalism, political movements and social change. For example, Twitter’s anonymity saved the lives of Iranian dissidents—anonymity that many governments want to eliminate.
Yes, communications technologies are used by both the good guys and the bad guys. But the good guys far outnumber the bad guys, and it’s far more valuable to make sure they’re secure than it is to cripple them on the off chance it might help catch a bad guy. It’s like the FBI demanding that no automobiles drive above 50 mph, so they can more easily pursue getaway cars. It might or might not work—but, regardless, the cost to society of the resulting slowdown would be enormous.
It’s bad civic hygiene to build technologies that could someday be used to facilitate a police state. No matter what the eavesdroppers say, these systems cost too much and put us all at greater risk.
This essay previously appeared on CNN.com, and was a rewrite of a 2009 op ed on MPR News Q—which itself was based in part on a 2007 Washington Post op ed by Susan Landau.
The researchers say they’ve found a vulnerability in U.S. law enforcement wiretaps, if only theoretical, that would allow a surveillance target to thwart the authorities by launching what amounts to a denial-of-service (DoS) attack against the connection between the phone company switches and law enforcement.
[…]
The University of Pennsylvania researchers found the flaw after examining the telecommunication industry standard ANSI Standard J-STD-025, which addresses the transmission of wiretapped data from telecom switches to authorities, according to IDG News Service. Under the 1994 Communications Assistance for Law Enforcement Act, or Calea, telecoms are required to design their network architecture to make it easy for authorities to tap calls transmitted over digitally switched phone networks.
But the researchers, who describe their findings in a paper, found that the standard allows for very little bandwidth for the transmission of data about phone calls, which can be overwhelmed in a DoS attack. When a wiretap is enabled, the phone company’s switch establishes a 64-Kbps Call Data Channel to send data about the call to law enforcement. That paltry channel can be flooded if a target of the wiretap sends dozens of simultaneous SMS messages or makes numerous VOIP phone calls “without significant degradation of service to the targets’ actual traffic.”
As a result, the researchers say, law enforcement could lose records of whom a target called and when. The attack could also prevent the content of calls from being accurately monitored or recorded.
The paper. Comments by Matt Blaze, one of the paper’s authors.
China is the world’s most successful Internet censor. While the Great Firewall of China isn’t perfect, it effectively limits information flowing in and out of the country. But now the Chinese government is taking things one step further.
Under a requirement taking effect soon, every computer sold in China will have to contain the Green Dam Youth Escort software package. Ostensibly a pornography filter, it is government spyware that will watch every citizen on the Internet.
Green Dam has many uses. It can police a list of forbidden Web sites. It can monitor a user’s reading habits. It can even enlist the computer in some massive botnet attack, as part of a hypothetical future cyberwar.
China’s actions may be extreme, but they’re not unique. Democratic governments around the world—Sweden, Canada and the United Kingdom, for example—are rushing to pass laws giving their police new powers of Internet surveillance, in many cases requiring communications system providers to redesign products and services they sell.
Many are passing data retention laws, forcing companies to keep information on their customers. Just recently, the German government proposed giving itself the power to censor the Internet.
The United States is no exception. The 1994 CALEA law required phone companies to facilitate FBI eavesdropping, and since 2001, the NSA has built substantial eavesdropping systems in the United States. The government has repeatedly proposed Internet data retention laws, allowing surveillance into past activities as well as present.
Systems like this invite criminal appropriation and government abuse. New police powers, enacted to fight terrorism, are already used in situations of normal crime. Internet surveillance and control will be no different.
Official misuses are bad enough, but the unofficial uses worry me more. Any surveillance and control system must itself be secured. An infrastructure conducive to surveillance and control invites surveillance and control, both by the people you expect and by the people you don’t.
China’s government designed Green Dam for its own use, but it’s been subverted. Why does anyone think that criminals won’t be able to use it to steal bank account and credit card information, use it to launch other attacks, or turn it into a massive spam-sending botnet?
Why does anyone think that only authorized law enforcement will mine collected Internet data or eavesdrop on phone and IM conversations?
These risks are not theoretical. After 9/11, the National Security Agency built a surveillance infrastructure to eavesdrop on telephone calls and e-mails within the United States.
Although procedural rules stated that only non-Americans and international phone calls were to be listened to, actual practice didn’t always match those rules. NSA analysts collected more data than they were authorized to, and used the system to spy on wives, girlfriends, and famous people such as President Clinton.
But that’s not the most serious misuse of a telecommunications surveillance infrastructure. In Greece, between June 2004 and March 2005, someone wiretapped more than 100 cell phones belonging to members of the Greek government—the prime minister and the ministers of defense, foreign affairs and justice.
Ericsson built this wiretapping capability into Vodafone’s products, and enabled it only for governments that requested it. Greece wasn’t one of those governments, but someone still unknown—a rival political party? organized crime?—figured out how to surreptitiously turn the feature on.
Researchers have already found security flaws in Green Dam that would allow hackers to take over the computers. Of course there are additional flaws, and criminals are looking for them.
Surveillance infrastructure can be exported, which also aids totalitarianism around the world. Western companies like Siemens, Nokia, and Secure Computing built Iran’s surveillance infrastructure. U.S. companies helped build China’s electronic police state. Twitter’s anonymity saved the lives of Iranian dissidents—anonymity that many governments want to eliminate.
Every year brings more Internet censorship and control—not just in countries like China and Iran, but in the United States, the United Kingdom, Canada and other free countries.
The control movement is egged on by both law enforcement, trying to catch terrorists, child pornographers and other criminals, and by media companies, trying to stop file sharers.
It’s bad civic hygiene to build technologies that could someday be used to facilitate a police state. No matter what the eavesdroppers and censors say, these systems put us all at greater risk. Communications systems that have no inherent eavesdropping capabilities are more secure than systems with those capabilities built in.
This essay previously appeared—albeit with fewer links—on the Minnesota Public Radio website.
In 1994, Congress passed the Communications Assistance for Law Enforcement Act (CALEA). Basically, this is the law that forces the phone companies to make your telephone calls—including cell phone calls—available for government wiretapping.
But now the government wants access to VoIP calls, and SMS messages, and everything else. They’re doing their best to interpret CALEA as broadly as possible, but they’re also pursuing a legal angle. Ars Technica has the story:
The government hopes to shore up the legal basis for the program by passing amended legislation. The EFF took a look at the amendments and didn’t like what it found.
According to the Administration, the proposal would “confirm [CALEA’s] coverage of push-to-talk, short message service, voice mail service and other communications services offered on a commercial basis to the public,” along with “confirm[ing] CALEA’s application to providers of broadband Internet access, and certain types of ‘Voice-Over-Internet-Protocol’ (VOIP).” Many of CALEA’s express exceptions and limitations are also removed. Most importantly, while CALEA’s applicability currently depends on whether broadband and VOIP can be considered “substantial replacements” for existing telephone services, the new proposal would remove this limit.
I can’t believe I forgot to blog this great article about the communications intercept trade show in DC earlier this month:
“You really need to educate yourself,” he insisted. “Do you think this stuff doesn’t happen in the West? Let me tell you something. I sell this equipment all over the world, especially in the Middle East. I deal with buyers from Qatar, and I get more concern about proper legal procedure from them than I get in the USA.”
Read the whole thing.
“Security Implications of Applying the Communications Assistance to Law Enforcement Act to Voice over IP,” paper by Steve Bellovin, Matt Blaze, Ernie Brickell, Clint Brooks, Vint Cerf, Whit Diffie, Susan Landau, Jon Peterson, and John Treichler.
Executive Summary
For many people, Voice over Internet Protocol (VoIP) looks like a nimble way of using a computer to make phone calls. Download the software, pick an identifier and then wherever there is an Internet connection, you can make a phone call. From this perspective, it makes perfect sense that anything that can be done with a telephone, including the graceful accommodation of wiretapping, should be able to be done readily with VoIP as well.
The FCC has issued an order for all “interconnected” and all broadband access VoIP services to comply with Communications Assistance for Law Enforcement Act (CALEA)—without specific regulations on what compliance would mean. The FBI has suggested that CALEA should apply to all forms of VoIP, regardless of the technology involved in the VoIP implementation.
Intercept against a VoIP call made from a fixed location with a fixed IP address directly to a big internet provider’s access router is equivalent to wiretapping a normal phone call, and classical PSTN-style CALEA concepts can be applied directly. In fact, these intercept capabilities can be exactly the same in the VoIP case if the ISP properly secures its infrastructure and wiretap control process as the PSTN’s central offices are assumed to do.
However, the network architectures of the Internet and the Public Switched Telephone Network (PSTN) are substantially different, and these differences lead to security risks in applying the CALEA to VoIP. VoIP, like most Internet communications, are communications for a mobile environment. The feasibility of applying CALEA to more decentralized VoIP services is quite problematic. Neither the manageability of such a wiretapping regime nor whether it can be made secure against subversion seem clear. The real danger is that a CALEA-type regimen is likely to introduce serious vulnerabilities through its “architected security breach.”
Potential problems include the difficulty of determining where the traffic is coming from (the VoIP provider enables the connection but may not provide the services for the actual conversation), the difficulty of ensuring safe transport of the signals to the law-enforcement facility, the risk of introducing new vulnerabilities into Internet communications, and the difficulty of ensuring proper minimization. VOIP implementations vary substantially across the Internet making it impossible to implement CALEA uniformly. Mobility and the ease of creating new identities on the Internet exacerbate the problem.
Building a comprehensive VoIP intercept capability into the Internet appears to require the cooperation of a very large portion of the routing infrastructure, and the fact that packets are carrying voice is largely irrelevant. Indeed, most of the provisions of the wiretap law do not distinguish among different types of electronic communications. Currently the FBI is focused on applying CALEA’s design mandates to VoIP, but there is nothing in wiretapping law that would argue against the extension of intercept design mandates to all types of Internet communications. Indeed, the changes necessary to meet CALEA requirements for VoIP would likely have to be implemented in a way that covered all forms of Internet communication.
In order to extend authorized interception much beyond the easy scenario, it is necessary either to eliminate the flexibility that Internet communications allow, or else introduce serious security risks to domestic VoIP implementations. The former would have significant negative effects on U.S. ability to innovate, while the latter is simply dangerous. The current FBI and FCC direction on CALEA applied to VoIP carries great risks.
Sidebar photo of Bruce Schneier by Joe MacInnis.