Entries Tagged "FISA"

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The US Is Spying on the UN Secretary General

The Washington Post is reporting that the US is spying on the UN Secretary General.

The reports on Guterres appear to contain the secretary general’s personal conversations with aides regarding diplomatic encounters. They indicate that the United States relied on spying powers granted under the Foreign Intelligence Surveillance Act (FISA) to gather the intercepts.

Lots of details about different conversations in the article, which are based on classified documents leaked on Discord by Jack Teixeira.

There will probably a lot of faux outrage at this, but spying on foreign leaders is a perfectly legitimate use of the NSA’s capabilities and authorities. (If the NSA didn’t spy on the UN Secretary General, we should fire it and replace it with a more competent NSA.) It’s the bulk surveillance of whole populations that should outrage us.

Posted on June 30, 2023 at 7:02 AM • View Comments

Chinese Supply-Chain Attack on Computer Systems

Bloomberg News has a major story about the Chinese hacking computer motherboards made by Supermicro, Levono, and others. It’s been going on since at least 2008. The US government has known about it for almost as long, and has tried to keep the attack secret:

China’s exploitation of products made by Supermicro, as the U.S. company is known, has been under federal scrutiny for much of the past decade, according to 14 former law enforcement and intelligence officials familiar with the matter. That included an FBI counterintelligence investigation that began around 2012, when agents started monitoring the communications of a small group of Supermicro workers, using warrants obtained under the Foreign Intelligence Surveillance Act, or FISA, according to five of the officials.

There’s lots of detail in the article, and I recommend that you read it through.

This is a follow on, with a lot more detail, to a story Bloomberg reported on in fall 2018. I didn’t believe the story back then, writing:

I don’t think it’s real. Yes, it’s plausible. But first of all, if someone actually surreptitiously put malicious chips onto motherboards en masse, we would have seen a photo of the alleged chip already. And second, there are easier, more effective, and less obvious ways of adding backdoors to networking equipment.

I seem to have been wrong. From the current Bloomberg story:

Mike Quinn, a cybersecurity executive who served in senior roles at Cisco Systems Inc. and Microsoft Corp., said he was briefed about added chips on Supermicro motherboards by officials from the U.S. Air Force. Quinn was working for a company that was a potential bidder for Air Force contracts, and the officials wanted to ensure that any work would not include Supermicro equipment, he said. Bloomberg agreed not to specify when Quinn received the briefing or identify the company he was working for at the time.

“This wasn’t a case of a guy stealing a board and soldering a chip on in his hotel room; it was architected onto the final device,” Quinn said, recalling details provided by Air Force officials. The chip “was blended into the trace on a multilayered board,” he said.

“The attackers knew how that board was designed so it would pass” quality assurance tests, Quinn said.

Supply-chain attacks are the flavor of the moment, it seems. But they’re serious, and very hard to defend against in our deeply international IT industry. (I have repeatedly called this an “insurmountable problem.”) Here’s me in 2018:

Supply-chain security is an incredibly complex problem. US-only design and manufacturing isn’t an option; the tech world is far too internationally interdependent for that. We can’t trust anyone, yet we have no choice but to trust everyone. Our phones, computers, software and cloud systems are touched by citizens of dozens of different countries, any one of whom could subvert them at the demand of their government.

We need some fundamental security research here. I wrote this in 2019:

The other solution is to build a secure system, even though any of its parts can be subverted. This is what the former Deputy Director of National Intelligence Sue Gordon meant in April when she said about 5G, “You have to presume a dirty network.” Or more precisely, can we solve this by building trustworthy systems out of untrustworthy parts?

It sounds ridiculous on its face, but the Internet itself was a solution to a similar problem: a reliable network built out of unreliable parts. This was the result of decades of research. That research continues today, and it’s how we can have highly resilient distributed systems like Google’s network even though none of the individual components are particularly good. It’s also the philosophy behind much of the cybersecurity industry today: systems watching one another, looking for vulnerabilities and signs of attack.

It seems that supply-chain attacks are constantly in the news right now. That’s good. They’ve been a serious problem for a long time, and we need to take the threat seriously. For further reading, I strongly recommend this Atlantic Council report from last summer: “Breaking trust: Shades of crisis across an insecure software supply chain.“

Posted on February 13, 2021 at 9:41 AM • View Comments

Evaluating the NSA's Telephony Metadata Program

Interesting analysis: “Examining the Anomalies, Explaining the Value: Should the USA FREEDOM Act’s Metadata Program be Extended?” by Susan Landau and Asaf Lubin.

Abstract: The telephony metadata program which was authorized under Section 215 of the PATRIOT Act, remains one of the most controversial programs launched by the U.S. Intelligence Community (IC) in the wake of the 9/11 attacks. Under the program major U.S. carriers were ordered to provide NSA with daily Call Detail Records (CDRs) for all communications to, from, or within the United States. The Snowden disclosures and the public controversy that followed led Congress in 2015 to end bulk collection and amend the CDR authorities with the adoption of the USA FREEDOM Act (UFA).

For a time, the new program seemed to be functioning well. Nonetheless, three issues emerged around the program. The first concern was over high numbers: in both 2016 and 2017, the Foreign Intelligence Surveillance Court issued 40 orders for collection, but the NSA collected hundreds of millions of CDRs, and the agency provided little clarification for the high numbers. The second emerged in June 2018 when the NSA announced the purging of three years’ worth of CDR records for “technical irregularities.” Finally, in March 2019 it was reported that the NSA had decided to completely abandon the program and not seek its renewal as it is due to sunset in late 2019.

This paper sheds significant light on all three of these concerns. First, we carefully analyze the numbers, showing how forty orders might lead to the collection of several million CDRs, thus offering a model to assist in understanding Intelligence Community transparency reporting across its surveillance programs. Second, we show how the architecture of modern telephone communications might cause collection errors that fit the reported reasons for the 2018 purge. Finally, we show how changes in the terrorist threat environment as well as in the technology and communication methods they employ ­ in particular the deployment of asynchronous encrypted IP-based communications ­ has made the telephony metadata program far less beneficial over time. We further provide policy recommendations for Congress to increase effective intelligence oversight.

Posted on August 12, 2019 at 6:14 AM • View Comments

Visiting the NSA

Yesterday, I visited the NSA. It was Cyber Command’s birthday, but that’s not why I was there. I visited as part of the Berklett Cybersecurity Project, run out of the Berkman Klein Center and funded by the Hewlett Foundation. (BERKman hewLETT—get it? We have a web page, but it’s badly out of date.)

It was a full day of meetings, all unclassified but under the Chatham House Rule. Gen. Nakasone welcomed us and took questions at the start. Various senior officials spoke with us on a variety of topics, but mostly focused on three areas:

  • Russian influence operations, both what the NSA and US Cyber Command did during the 2018 election and what they can do in the future;
  • China and the threats to critical infrastructure from untrusted computer hardware, both the 5G network and more broadly;
  • Machine learning, both how to ensure a ML system is compliant with all laws, and how ML can help with other compliance tasks.

It was all interesting. Those first two topics are ones that I am thinking and writing about, and it was good to hear their perspective. I find that I am much more closely aligned with the NSA about cybersecurity than I am about privacy, which made the meeting much less fraught than it would have been if we were discussing Section 702 of the FISA Amendments Act, Section 215 the USA Freedom Act (up for renewal next year), or any 4th Amendment violations. I don’t think we’re past those issues by any means, but they make up less of what I am working on.

Posted on May 22, 2019 at 2:11 PM • View Comments

The Dangers of Secret Law

Last week, the Department of Justice released 18 new FISC opinions related to Section 702 as part of an EFF FOIA lawsuit. (Of course, they don’t mention EFF or the lawsuit. They make it sound as if it was their idea.)

There’s probably a lot in these opinions. In one Kafkaesque ruling, a defendant was denied access to the previous court rulings that were used by the court to decide against it:

…in 2014, the Foreign Intelligence Surveillance Court (FISC) rejected a service provider’s request to obtain other FISC opinions that government attorneys had cited and relied on in court filings seeking to compel the provider’s cooperation.

[…]

The provider’s request came up amid legal briefing by both it and the DOJ concerning its challenge to a 702 order. After the DOJ cited two earlier FISC opinions that were not public at the time—one from 2014 and another from 2008­—the provider asked the court for access to those rulings.

The provider argued that without being able to review the previous FISC rulings, it could not fully understand the court’s earlier decisions, much less effectively respond to DOJ’s argument. The provider also argued that because attorneys with Top Secret security clearances represented it, they could review the rulings without posing a risk to national security.

The court disagreed in several respects. It found that the court’s rules and Section 702 prohibited the documents release. It also rejected the provider’s claim that the Constitution’s Due Process Clause entitled it to the documents.

This kind of government secrecy is toxic to democracy. National security is important, but we will not survive if we become a country of secret court orders based on secret interpretations of secret law.

Posted on June 21, 2017 at 6:12 AM • View Comments

NSA Abandons "About" Searches

Earlier this month, the NSA said that it would no longer conduct “about” searches of bulk communications data. This was the practice of collecting the communications of Americans based on keywords and phrases in the contents of the messages, not based on who they were from or to.

The NSA’s own words:

After considerable evaluation of the program and available technology, NSA has decided that its Section 702 foreign intelligence surveillance activities will no longer include any upstream internet communications that are solely “about” a foreign intelligence target. Instead, this surveillance will now be limited to only those communications that are directly “to” or “from” a foreign intelligence target. These changes are designed to retain the upstream collection that provides the greatest value to national security while reducing the likelihood that NSA will acquire communications of U.S. persons or others who are not in direct contact with one of the Agency’s foreign intelligence targets.

In addition, as part of this curtailment, NSA will delete the vast majority of previously acquired upstream internet communications as soon as practicable.

[…]

After reviewing amended Section 702 certifications and NSA procedures that implement these changes, the FISC recently issued an opinion and order, approving the renewal certifications and use of procedures, which authorize this narrowed form of Section 702 upstream internet collection. A declassification review of the FISC’s opinion and order, and the related targeting and minimization procedures, is underway.

A quick review: under Section 702 of the Patriot Act, the NSA seizes a copy of all communications moving through a telco—think e-mail and such—and searches it for particular senders, receivers, and—until recently—key words. This pretty clearly violates the Fourth Amendment, and groups like the EFF have been fighting the NSA in court about this for years. The NSA has also had problems in the FISA court about these searches, and cites “inadvertent compliance incidents” related to this.

We might learn more about this change. Again, from the NSA’s statement:

After reviewing amended Section 702 certifications and NSA procedures that implement these changes, the FISC recently issued an opinion and order, approving the renewal certifications and use of procedures, which authorize this narrowed form of Section 702 upstream internet collection. A declassification review of the FISC’s opinion and order, and the related targeting and minimization procedures, is underway.

And the EFF is still fighting for more NSA surveillance reforms.

Posted on May 19, 2017 at 2:05 PM • View Comments

NSA Given More Ability to Share Raw Intelligence Data

President Obama has changed the rules regarding raw intelligence, allowing the NSA to share raw data with the US’s other 16 intelligence agencies.

The new rules significantly relax longstanding limits on what the N.S.A. may do with the information gathered by its most powerful surveillance operations, which are largely unregulated by American wiretapping laws. These include collecting satellite transmissions, phone calls and emails that cross network switches abroad, and messages between people abroad that cross domestic network switches.

The change means that far more officials will be searching through raw data. Essentially, the government is reducing the risk that the N.S.A. will fail to recognize that a piece of information would be valuable to another agency, but increasing the risk that officials will see private information about innocent people.

Here are the new procedures.

This rule change has been in the works for a while. Here are two blog posts from April discussing the then-proposed changes.

From a privacy perspective, this feels like a really bad idea to me.

Posted on January 12, 2017 at 12:07 PM • View Comments

Intelligence Oversight and How It Can Fail

Former NSA attorneys John DeLong and Susan Hennessay have written a fascinating article describing a particular incident of oversight failure inside the NSA. Technically, the story hinges on a definitional difference between the NSA and the FISA court meaning of the word “archived.” (For the record, I would have defaulted to the NSA’s interpretation, which feels more accurate technically.) But while the story is worth reading, what’s especially interesting are the broader issues about how a nontechnical judiciary can provide oversight over a very technical data collection-and-analysis organization—especially if the oversight must largely be conducted in secret.

From the article:

Broader root cause analysis aside, the BR FISA debacle made clear that the specific matter of shared legal interpretation needed to be addressed. Moving forward, the government agreed that NSA would coordinate all significant legal interpretations with DOJ. That sounds like an easy solution, but making it meaningful in practice is highly complex. Consider this example: a court order might require that “all collected data must be deleted after two years.” NSA engineers must then make a list for the NSA attorneys:

  1. What does deleted mean? Does it mean make inaccessible to analysts or does it mean forensically wipe off the system so data is gone forever? Or does it mean something in between?
  2. What about backup systems used solely for disaster recovery? Does the data need to be removed there, too, within two years, even though it’s largely inaccessible and typically there is a planned delay to account for mistakes in the operational system?
  3. When does the timer start?
  4. What’s the legally-relevant unit of measurement for timestamp computation­—a day, an hour, a second, a millisecond?
  5. If a piece of data is deleted one second after two years, is that an incident of noncompliance? What about a delay of one day? ….
  6. What about various system logs that simply record the fact that NSA had a data object, but no significant details of the actual object? Do those logs need to be deleted too? If so, how soon?
  7. What about hard copy printouts?

And that is only a tiny sample of the questions that need to be answered for that small sentence fragment. Put yourself in the shoes of an NSA attorney: which of these questions—­in particular the answers­—require significant interpretations to be coordinated with DOJ and which determinations can be made internally?

Now put yourself in the shoes of a DOJ attorney who receives from an NSA attorney a subset of this list for advice and counsel. Which questions are truly significant from your perspective? Are there any questions here that are so significant they should be presented to the Court so that that government can be sufficiently confident that the Court understands how the two-year rule is really being interpreted and applied?

In many places I have separated different kinds of oversight: are we doing things right versus are we doing the right things? This is very much about the first: is the NSA complying with the rules the courts impose on them? I believe that the NSA tries very hard to follow the rules it’s given, while at the same time being very aggressive about how it interprets any kind of ambiguities and using its nonadversarial relationship with its overseers to its advantage.

The only possible solution I can see to all of this is more public scrutiny. Secrecy is toxic here.

Posted on October 18, 2016 at 2:29 PM • View Comments

Yahoo Scanned Everyone's E-mails for the NSA

News here and here.

Other companies have been quick to deny that they did the same thing, but I generally don’t believe those carefully worded statements about what they have and haven’t done. We do know that the NSA uses bribery, coercion, threat, legal compulsion, and outright theft to get what they want. We just don’t know which one they use in which case.

EDITED TO ADD (10/7): More news. This and this, too.

EDITED TO ADD (10/17): A related story.

Posted on October 6, 2016 at 1:58 PM • View Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.