Entries Tagged "attribution"

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Chinese Supply Chain Hardware Attack

Bloomberg is reporting about a Chinese espionage operating involving inserting a tiny chip into computer products made in China.

I’ve written about (alternate link) this threat more generally. Supply-chain security is an insurmountably hard problem. Our IT industry is inexorably international, and anyone involved in the process can subvert the security of the end product. No one wants to even think about a US-only anything; prices would multiply many times over.

We cannot trust anyone, yet we have no choice but to trust everyone. No one is ready for the costs that solving this would entail.

EDITED TO ADD: Apple, Amazon, and others are denying that this attack is real. Stay tuned for more information.

EDITED TO ADD (9/6): TheGrugq comments. Bottom line is that we still don’t know. I think that precisely exemplifies the greater problem.

EDITED TO ADD (10/7): Both the US Department of Homeland Security and the UK National Cyber Security Centre claim to believe the tech companies. Bloomberg is standing by its story. Nicholas Weaver writes that the story is plausible.

Posted on October 4, 2018 at 11:30 AMView Comments

Russians Hacked the Olympics

Two weeks ago, I blogged about the myriad of hacking threats against the Olympics. Last week, the Washington Post reported that Russia hacked the Olympics network and tried to cast the blame on North Korea.

Of course, the evidence is classified, so there’s no way to verify this claim. And while the article speculates that the hacks were a retaliation for Russia being banned due to doping, that doesn’t ring true to me. If they tried to blame North Korea, it’s more likely that they’re trying to disrupt something between North Korea, South Korea, and the US. But I don’t know.

Posted on March 1, 2018 at 6:47 AMView Comments

Who is Publishing NSA and CIA Secrets, and Why?

There’s something going on inside the intelligence communities in at least two countries, and we have no idea what it is.

Consider these three data points. One: someone, probably a country’s intelligence organization, is dumping massive amounts of cyberattack tools belonging to the NSA onto the Internet. Two: someone else, or maybe the same someone, is doing the same thing to the CIA.

Three: in March, NSA Deputy Director Richard Ledgett described how the NSA penetrated the computer networks of a Russian intelligence agency and was able to monitor them as they attacked the US State Department in 2014. Even more explicitly, a US ally­ — my guess is the UK — ­was not only hacking the Russian intelligence agency’s computers, but also the surveillance cameras inside their building. “They [the US ally] monitored the [Russian] hackers as they maneuvered inside the U.S. systems and as they walked in and out of the workspace, and were able to see faces, the officials said.”

Countries don’t often reveal intelligence capabilities: “sources and methods.” Because it gives their adversaries important information about what to fix, it’s a deliberate decision done with good reason. And it’s not just the target country who learns from a reveal. When the US announces that it can see through the cameras inside the buildings of Russia’s cyber warriors, other countries immediately check the security of their own cameras.

With all this in mind, let’s talk about the recent leaks at NSA and the CIA.

Last year, a previously unknown group called the Shadow Brokers started releasing NSA hacking tools and documents from about three years ago. They continued to do so this year — ­five sets of files in all­ — and have implied that more classified documents are to come. We don’t know how they got the files. When the Shadow Brokers first emerged, the general consensus was that someone had found and hacked an external NSA staging server. These are third-party computers that the NSA’s TAO hackers use to launch attacks from. Those servers are necessarily stocked with TAO attack tools. This matched the leaks, which included a “script” directory and working attack notes. We’re not sure if someone inside the NSA made a mistake that left these files exposed, or if the hackers that found the cache got lucky.

That explanation stopped making sense after the latest Shadow Brokers release, which included attack tools against Windows, PowerPoint presentations, and operational notes — ­documents that are definitely not going to be on an external NSA staging server. A credible theory, which I first heard from Nicholas Weaver, is that the Shadow Brokers are publishing NSA data from multiple sources. The first leaks were from an external staging server, but the more recent leaks are from inside the NSA itself.

So what happened? Did someone inside the NSA accidentally mount the wrong server on some external network? That’s possible, but seems very unlikely. Did someone hack the NSA itself? Could there be a mole inside the NSA, as Kevin Poulsen speculated?

If it is a mole, my guess is that he’s already been arrested. There are enough individualities in the files to pinpoint exactly where and when they came from. Surely the NSA knows who could have taken the files. No country would burn a mole working for it by publishing what he delivered. Intelligence agencies know that if they betray a source this severely, they’ll never get another one.

That points to two options. The first is that the files came from Hal Martin. He’s the NSA contractor who was arrested in August for hoarding agency secrets in his house for two years. He can’t be the publisher, because the Shadow Brokers are in business even though he is in prison. But maybe the leaker got the documents from his stash: either because Martin gave the documents to them or because he himself was hacked. The dates line up, so it’s theoretically possible, but the contents of the documents speak to someone with a different sort of access. There’s also nothing in the public indictment against Martin that speaks to his selling secrets to a foreign power, and I think it’s exactly the sort of thing that the NSA would leak. But maybe I’m wrong about all of this; Occam’s Razor suggests that it’s him.

The other option is a mysterious second NSA leak of cyberattack tools. The only thing I have ever heard about this is from a Washington Post story about Martin: “But there was a second, previously undisclosed breach of cybertools, discovered in the summer of 2015, which was also carried out by a TAO employee, one official said. That individual also has been arrested, but his case has not been made public. The individual is not thought to have shared the material with another country, the official said.” But “not thought to have” is not the same as not having done so.

On the other hand, it’s possible that someone penetrated the internal NSA network. We’ve already seen NSA tools that can do that kind of thing to other networks. That would be huge, and explain why there were calls to fire NSA Director Mike Rogers last year.

The CIA leak is both similar and different. It consists of a series of attack tools from about a year ago. The most educated guess amongst people who know stuff is that the data is from an almost-certainly air-gapped internal development wiki­a Confluence server­ — and either someone on the inside was somehow coerced into giving up a copy of it, or someone on the outside hacked into the CIA and got themselves a copy. They turned the documents over to WikiLeaks, which continues to publish it.

This is also a really big deal, and hugely damaging for the CIA. Those tools were new, and they’re impressive. I have been told that the CIA is desperately trying to hire coders to replace what was lost.

For both of these leaks, one big question is attribution: who did this? A whistleblower wouldn’t sit on attack tools for years before publishing. A whistleblower would act more like Snowden or Manning, publishing immediately — ­and publishing documents that discuss what the US is doing to whom, not simply a bunch of attack tools. It just doesn’t make sense. Neither does random hackers. Or cybercriminals. I think it’s being done by a country or countries.

My guess was, and is still, Russia in both cases. Here’s my reasoning. Whoever got this information years before and is leaking it now has to 1) be capable of hacking the NSA and/or the CIA, and 2) willing to publish it all. Countries like Israel and France are certainly capable, but wouldn’t ever publish. Countries like North Korea or Iran probably aren’t capable. The list of countries who fit both criteria is small: Russia, China, and…and…and I’m out of ideas. And China is currently trying to make nice with the US.

Last August, Edward Snowden guessed Russia, too.

So Russia — ­or someone else­ — steals these secrets, and presumably uses them to both defend its own networks and hack other countries while deflecting blame for a couple of years. For it to publish now means that the intelligence value of the information is now lower than the embarrassment value to the NSA and CIA. This could be because the US figured out that its tools were hacked, and maybe even by whom; which would make the tools less valuable against US government targets, although still valuable against third parties.

The message that comes with publishing seems clear to me: “We are so deep into your business that we don’t care if we burn these few-years-old capabilities, as well as the fact that we have them. There’s just nothing you can do about it.” It’s bragging.

Which is exactly the same thing Ledgett is doing to the Russians. Maybe the capabilities he talked about are long gone, so there’s nothing lost in exposing sources and methods. Or maybe he too is bragging: saying to the Russians that he doesn’t care if they know. He’s certainly bragging to every other country that is paying attention to his remarks. (He may be bluffing, of course, hoping to convince others that the US has intelligence capabilities it doesn’t.)

What happens when intelligence agencies go to war with each other and don’t tell the rest of us? I think there’s something going on between the US and Russia that the public is just seeing pieces of. We have no idea why, or where it will go next, and can only speculate.

This essay previously appeared on Lawfare.com.

Posted on May 1, 2017 at 6:32 AMView Comments

Attributing the DNC Hacks to Russia

President Barack Obama’s public accusation of Russia as the source of the hacks in the US presidential election and the leaking of sensitive e-mails through WikiLeaks and other sources has opened up a debate on what constitutes sufficient evidence to attribute an attack in cyberspace. The answer is both complicated and inherently tied up in political considerations.

The administration is balancing political considerations and the inherent secrecy of electronic espionage with the need to justify its actions to the public. These issues will continue to plague us as more international conflict plays out in cyberspace.

It’s true that it’s easy for an attacker to hide who he is in cyberspace. We are unable to identify particular pieces of hardware and software around the world positively. We can’t verify the identity of someone sitting in front of a keyboard through computer data alone. Internet data packets don’t come with return addresses, and it’s easy for attackers to disguise their origins. For decades, hackers have used techniques such as jump hosts, VPNs, Tor and open relays to obscure their origin, and in many cases they work. I’m sure that many national intelligence agencies route their attacks through China, simply because everyone knows lots of attacks come from China.

On the other hand, there are techniques that can identify attackers with varying degrees of precision. It’s rarely just one thing, and you’ll often hear the term “constellation of evidence” to describe how a particular attacker is identified. It’s analogous to traditional detective work. Investigators collect clues and piece them together with known mode of operations. They look for elements that resemble other attacks and elements that are anomalies. The clues might involve ones and zeros, but the techniques go back to Sir Arthur Conan Doyle.

The University of Toronto-based organization Citizen Lab routinely attributes attacks against the computers of activists and dissidents to particular Third World governments. It took months to identify China as the source of the 2012 attacks against the New York Times. While it was uncontroversial to say that Russia was the source of a cyberattack against Estonia in 2007, no one knew if those attacks were authorized by the Russian government — until the attackers explained themselves. And it was the Internet security company CrowdStrike, which first attributed the attacks against the Democratic National Committee to Russian intelligence agencies in June, based on multiple pieces of evidence gathered from its forensic investigation.

Attribution is easier if you are monitoring broad swaths of the Internet. This gives the National Security Agency a singular advantage in the attribution game. The problem, of course, is that the NSA doesn’t want to publish what it knows.

Regardless of what the government knows and how it knows it, the decision of whether to make attribution evidence public is another matter. When Sony was attacked, many security experts — myself included­ — were skeptical of both the government’s attribution claims and the flimsy evidence associated with it. I only became convinced when the New York Times ran a story about the government’s attribution, which talked about both secret evidence inside the NSA and human intelligence assets inside North Korea. In contrast, when the Office of Personnel Management was breached in 2015, the US government decided not to accuse China publicly, either because it didn’t want to escalate the political situation or because it didn’t want to reveal any secret evidence.

The Obama administration has been more public about its evidence in the DNC case, but it has not been entirely public.

It’s one thing for the government to know who attacked it. It’s quite another for it to convince the public who attacked it. As attribution increasingly relies on secret evidence­ — as it did with North Korea’s attack of Sony in 2014 and almost certainly does regarding Russia and the previous election — ­the government is going to have to face the choice of making previously secret evidence public and burning sources and methods, or keeping it secret and facing perfectly reasonable skepticism.

If the government is going to take public action against a cyberattack, it needs to make its evidence public. But releasing secret evidence might get people killed, and it would make any future confidentiality assurances we make to human sources completely non-credible. This problem isn’t going away; secrecy helps the intelligence community, but it wounds our democracy.

The constellation of evidence attributing the attacks against the DNC, and subsequent release of information, is comprehensive. It’s possible that there was more than one attack. It’s possible that someone not associated with Russia leaked the information to WikiLeaks, although we have no idea where that someone else would have obtained the information. We know that the Russian actors who hacked the DNC­ — both the FSB, Russia’s principal security agency, and the GRU, Russia’s military intelligence unit — ­are also attacking other political networks around the world.

In the end, though, attribution comes down to whom you believe. When Citizen Lab writes a report outlining how a United Arab Emirates human rights defender was targeted with a cyberattack, we have no trouble believing that it was the UAE government. When Google identifies China as the source of attacks against Gmail users, we believe it just as easily.

Obama decided not to make the accusation public before the election so as not to be seen as influencing the election. Now, afterward, there are political implications in accepting that Russia hacked the DNC in an attempt to influence the US presidential election. But no amount of evidence can convince the unconvinceable.

The most important thing we can do right now is deter any country from trying this sort of thing in the future, and the political nature of the issue makes that harder. Right now, we’ve told the world that others can get away with manipulating our election process as long as they can keep their efforts secret until after one side wins. Obama has promised both secret retaliations and public ones. We need to hope they’re enough.

This essay previously appeared on CNN.com.

EDITED TO ADD: The ODNI released a declassified report on the Russian attacks. Here’s a New York Times article on the report.

And last week there were Senate hearings on this issue.

EDITED TO ADD: A Washington Post article talks about some of the intelligence behind the assessment.

EDITED TO ADD (1/10): The UK connection.

Posted on January 9, 2017 at 5:53 AMView Comments

Horrible Story of Digital Harassment

This is just awful.

Their troll — or trolls, as the case may be — have harassed Paul and Amy in nearly every way imaginable. Bomb threats have been made under their names. Police cars and fire trucks have arrived at their house in the middle of the night to respond to fake hostage calls. Their email and social media accounts have been hacked, and used to bring ruin to their social lives. They’ve lost jobs, friends, and relationships. They’ve developed chronic anxiety and other psychological problems. More than once, they described their lives as having been “ruined” by their mystery tormenter.

We need to figure out how to identify perpetrators like this without destroying Internet privacy in the process.

EDITED TO ADD: One of the important points is the international nature of many of these cases. Even once the attackers are identified, the existing legal system isn’t adequate for shutting them down.

Posted on January 27, 2016 at 6:20 AMView Comments

Attack Attribution and Cyber Conflict

The vigorous debate after the Sony Pictures breach pitted the Obama administration against many of us in the cybersecurity community who didn’t buy Washington’s claim that North Korea was the culprit.

What’s both amazing — and perhaps a bit frightening — about that dispute over who hacked Sony is that it happened in the first place.

But what it highlights is the fact that we’re living in a world where we can’t easily tell the difference between a couple of guys in a basement apartment and the North Korean government with an estimated $10 billion military budget. And that ambiguity has profound implications for how countries will conduct foreign policy in the Internet age.

Clandestine military operations aren’t new. Terrorism can be hard to attribute, especially the murky edges of state-sponsored terrorism. What’s different in cyberspace is how easy it is for an attacker to mask his identity — and the wide variety of people and institutions that can attack anonymously.

In the real world, you can often identify the attacker by the weaponry. In 2006, Israel attacked a Syrian nuclear facility. It was a conventional attack — military airplanes flew over Syria and bombed the plant — and there was never any doubt who did it. That shorthand doesn’t work in cyberspace.

When the US and Israel attacked an Iranian nuclear facility in 2010, they used a cyberweapon and their involvement was a secret for years. On the Internet, technology broadly disseminates capability. Everyone from lone hackers to criminals to hypothetical cyberterrorists to nations’ spies and soldiers are using the same tools and the same tactics. Internet traffic doesn’t come with a return address, and it’s easy for an attacker to obscure his tracks by routing his attacks through some innocent third party.

And while it now seems that North Korea did indeed attack Sony, the attack it most resembles was conducted by members of the hacker group Anonymous against a company called HBGary Federal in 2011. In the same year, other members of Anonymous threatened NATO, and in 2014, still others announced that they were going to attack ISIS. Regardless of what you think of the group’s capabilities, it’s a new world when a bunch of hackers can threaten an international military alliance.

Even when a victim does manage to attribute a cyberattack, the process can take a long time. It took the US weeks to publicly blame North Korea for the Sony attacks. That was relatively fast; most of that time was probably spent trying to figure out how to respond. Attacks by China against US companies have taken much longer to attribute.

This delay makes defense policy difficult. Microsoft’s Scott Charney makes this point: When you’re being physically attacked, you can call on a variety of organizations to defend you — the police, the military, whoever does antiterrorism security in your country, your lawyers. The legal structure justifying that defense depends on knowing two things: who’s attacking you, and why. Unfortunately, when you’re being attacked in cyberspace, the two things you often don’t know are who’s attacking you, and why.

Whose job was it to defend Sony? Was it the US military’s, because it believed the attack to have come from North Korea? Was it the FBI, because this wasn’t an act of war? Was it Sony’s own problem, because it’s a private company? What about during those first weeks, when no one knew who the attacker was? These are just a few of the policy questions that we don’t have good answers for.

Certainly Sony needs enough security to protect itself regardless of who the attacker was, as do all of us. For the victim of a cyberattack, who the attacker is can be academic. The damage is the same, whether it’s a couple of hackers or a nation-state.

In the geopolitical realm, though, attribution is vital. And not only is attribution hard, providing evidence of any attribution is even harder. Because so much of the FBI’s evidence was classified—and probably provided by the National Security Agency — it was not able to explain why it was so sure North Korea did it. As I recently wrote: “The agency might have intelligence on the planning process for the hack. It might, say, have phone calls discussing the project, weekly PowerPoint status reports, or even Kim Jong-un’s sign-off on the plan.” Making any of this public would reveal the NSA’s “sources and methods,” something it regards as a very important secret.

Different types of attribution require different levels of evidence. In the Sony case, we saw the US government was able to generate enough evidence to convince itself. Perhaps it had the additional evidence required to convince North Korea it was sure, and provided that over diplomatic channels. But if the public is expected to support any government retaliatory action, they are going to need sufficient evidence made public to convince them. Today, trust in US intelligence agencies is low, especially after the 2003 Iraqi weapons-of-mass-destruction debacle.

What all of this means is that we are in the middle of an arms race between attackers and those that want to identify them: deception and deception detection. It’s an arms race in which the US — and, by extension, its allies — has a singular advantage. We spend more money on electronic eavesdropping than the rest of the world combined, we have more technology companies than any other country, and the architecture of the Internet ensures that most of the world’s traffic passes through networks the NSA can eavesdrop on.

In 2012, then US Secretary of Defense Leon Panetta said publicly that the US — presumably the NSA — has “made significant advances in … identifying the origins” of cyberattacks. We don’t know if this means they have made some fundamental technological advance, or that their espionage is so good that they’re monitoring the planning processes. Other US government officials have privately said that they’ve solved the attribution problem.

We don’t know how much of that is real and how much is bluster. It’s actually in America’s best interest to confidently accuse North Korea, even if it isn’t sure, because it sends a strong message to the rest of the world: “Don’t think you can hide in cyberspace. If you try anything, we’ll know it’s you.”

Strong attribution leads to deterrence. The detailed NSA capabilities leaked by Edward Snowden help with this, because they bolster an image of an almost-omniscient NSA.

It’s not, though — which brings us back to the arms race. A world where hackers and governments have the same capabilities, where governments can masquerade as hackers or as other governments, and where much of the attribution evidence intelligence agencies collect remains secret, is a dangerous place.

So is a world where countries have secret capabilities for deception and detection deception, and are constantly trying to get the best of each other. This is the world of today, though, and we need to be prepared for it.

This essay previously appeared in the Christian Science Monitor.

Posted on March 9, 2015 at 7:09 AMView Comments

Further Evidence Pointing to North Korea as Sony Hacker

The FBI has provided more evidence:

Speaking at a Fordham Law School cybersecurity conference Wednesday, Comey said that he has “very high confidence” in the FBI’s attribution of the attack to North Korea. And he named several of the sources of his evidence, including a “behavioral analysis unit” of FBI experts trained to psychologically analyze foes based on their writings and actions. He also said that the FBI compared the Sony attack with their own “red team” simulations to determine how the attack could have occurred. And perhaps most importantly, Comey now says that the hackers in the attack failed on multiple occasions to use the proxy servers that bounce their Internet connection through an obfuscating computer somewhere else in the world, revealing IP addresses that tied them to North Koreans.

“In nearly every case, [the Sony hackers known as the Guardians of Peace] used proxy servers to disguise where they were coming from in sending these emails and posting these statements. But several times they got sloppy,” Comey said. “Several times, either because they forgot or because of a technical problem, they connected directly and we could see that the IPs they were using…were exclusively used by the North Koreans.”

“They shut it off very quickly once they saw the mistake,” he added. “But not before we saw where it was coming from.”

Here’s the full text of the FBI director’s remarks. More news stories. Commentary from Just Security. Slashdot thread. Hacker News thread.

EDITED TO ADD (1/10): Marc Rogers responds. Here’s a piece:

First, they are saying that these guys, who so were careful to route themselves through multiple public proxies in order to hide their connections, got sloppy and connected directly. It’s a rookie mistake that every hacker dreads. Many of us “hackers” even set up our systems to make this sort of slip-up impossible. So, while its definitely plausible, it feels very unlikely for professional or state-sponsored hackers in my books. Hackers who take this much care when hiding their connections have usually developed a methodology based around using these kinds of connections to hide their origin. It becomes such common practice that it’s almost a reflex. Why? Because their freedom depends on it.

However, even if we take that to one side and accept that these emails came from North Korean IP addresses, what are those addresses? If they are addresses in the North Korean IP ranges then why don’t they share them? If they are North Korean servers, then say so! What about the possibility that this attacker who has shown ability and willingness to bounce their connections all over the world is simply bouncing their messages off of North Korean infrastructure?

Finally, how do they even know these emails came from the attackers? From what I saw, the messages with actual incriminating content were dumped to pastebin and not sent via email. Perhaps there are messages with incriminating content — and by this I mean links to things only the attackers had access to — which they haven’t shared with us? Because from where I am sitting, it’s highly possible that someone other than the attacker could have joined in the fun by sending threatening messages as GOP, as we have already seen happen once in this case.

EDITED TO ADD (1/12): The NSA admits involvement.

Posted on January 9, 2015 at 6:24 AMView Comments

Attack Attribution in Cyberspace

When you’re attacked by a missile, you can follow its trajectory back to where it was launched from. When you’re attacked in cyberspace, figuring out who did it is much harder. The reality of international aggression in cyberspace will change how we approach defense.

Many of us in the computer-security field are skeptical of the US government’s claim that it has positively identified North Korea as the perpetrator of the massive Sony hack in November 2014. The FBI’s evidence is circumstantial and not very convincing. The attackers never mentioned the movie that became the centerpiece of the hack until the press did. More likely, the culprits are random hackers who have loved to hate Sony for over a decade, or possibly a disgruntled insider.

On the other hand, most people believe that the FBI would not sound so sure unless it was convinced. And President Obama would not have imposed sanctions against North Korea if he weren’t convinced. This implies that there’s classified evidence as well. A couple of weeks ago, I wrote for the Atlantic, “The NSA has been trying to eavesdrop on North Korea’s government communications since the Korean War, and it’s reasonable to assume that its analysts are in pretty deep. The agency might have intelligence on the planning process for the hack. It might, say, have phone calls discussing the project, weekly PowerPoint status reports, or even Kim Jong Un’s sign-off on the plan. On the other hand, maybe not. I could have written the same thing about Iraq’s weapons-of-mass-destruction program in the run-up to the 2003 invasion of that country, and we all know how wrong the government was about that.”

The NSA is extremely reluctant to reveal its intelligence capabilities — or what it refers to as “sources and methods” — against North Korea simply to convince all of us of its conclusion, because by revealing them, it tips North Korea off to its insecurities. At the same time, we rightly have reason to be skeptical of the government’s unequivocal attribution of the attack without seeing the evidence. Iraq’s mythical weapons of mass destruction is only the most recent example of a major intelligence failure. American history is littered with examples of claimed secret intelligence pointing us toward aggression against other countries, only for us to learn later that the evidence was wrong.

Cyberspace exacerbates this in two ways. First, it is very difficult to attribute attacks in cyberspace. Packets don’t come with return addresses, and you can never be sure that what you think is the originating computer hasn’t itself been hacked. Even worse, it’s hard to tell the difference between attacks carried out by a couple of lone hackers and ones where a nation-state military is responsible. When we do know who did it, it’s usually because a lone hacker admitted it or because there was a months-long forensic investigation.

Second, in cyberspace, it is much easier to attack than to defend. The primary defense we have against military attacks in cyberspace is counterattack and the threat of counterattack that leads to deterrence.

What this all means is that it’s in the US’s best interest to claim omniscient powers of attribution. More than anything else, those in charge want to signal to other countries that they cannot get away with attacking the US: If they try something, we will know. And we will retaliate, swiftly and effectively. This is also why the US has been cagey about whether it caused North Korea’s Internet outage in late December.

It can be an effective bluff, but only if you get away with it. Otherwise, you lose credibility. The FBI is already starting to equivocate, saying others might have been involved in the attack, possibly hired by North Korea. If the real attackers surface and can demonstrate that they acted independently, it will be obvious that the FBI and NSA were overconfident in their attribution. Already, the FBI has lost significant credibility.

The only way out of this, with respect to the Sony hack and any other incident of cyber-aggression in which we’re expected to support retaliatory action, is for the government to be much more forthcoming about its evidence. The secrecy of the NSA’s sources and methods is going to have to take a backseat to the public’s right to know. And in cyberspace, we’re going to have to accept the uncomfortable fact that there’s a lot we don’t know.

This essay previously appeared in Time.

Posted on January 8, 2015 at 6:34 AMView Comments

Attributing the Sony Attack

No one has admitted taking down North Korea’s Internet. It could have been an act of retaliation by the US government, but it could just as well have been an ordinary DDoS attack. The follow-on attack against Sony PlayStation definitely seems to be the work of hackers unaffiliated with a government.

Not knowing who did what isn’t new. It’s called the “attribution problem,” and it plagues Internet security. But as governments increasingly get involved in cyberspace attacks, it has policy implications as well. Last year, I wrote:

Ordinarily, you could determine who the attacker was by the weaponry. When you saw a tank driving down your street, you knew the military was involved because only the military could afford tanks. Cyberspace is different. In cyberspace, technology is broadly spreading its capability, and everyone is using the same weaponry: hackers, criminals, politically motivated hacktivists, national spies, militaries, even the potential cyberterrorist. They are all exploiting the same vulnerabilities, using the same sort of hacking tools, engaging in the same attack tactics, and leaving the same traces behind. They all eavesdrop or steal data. They all engage in denial-of-service attacks. They all probe cyberdefences and do their best to cover their tracks.

Despite this, knowing the attacker is vitally important. As members of society, we have several different types of organizations that can defend us from an attack. We can call the police or the military. We can call on our national anti-terrorist agency and our corporate lawyers. Or we can defend ourselves with a variety of commercial products and services. Depending on the situation, all of these are reasonable choices.

The legal regime in which any defense operates depends on two things: who is attacking you and why. Unfortunately, when you are being attacked in cyberspace, the two things you often do not know are who is attacking you and why. It is not that everything can be defined as cyberwar; it is that we are increasingly seeing warlike tactics used in broader cyberconflicts. This makes defence and national cyberdefence policy difficult.

In 2007, the Israeli Air Force bombed and destroyed the al-Kibar nuclear facility in Syria. The Syrian government immediately knew who did it, because airplanes are hard to disguise. In 2010, the US and Israel jointly damaged Iran’s Natanz nuclear facility. But this time they used a cyberweapon, Stuxnet, and no one knew who did it until details were leaked years later. China routinely denies its cyberespionage activities. And a 2009 cyberattack against the United States and South Korea was blamed on North Korea even though it may have originated from either London or Miami.

When it’s possible to identify the origins of cyberattacks­ — like forensic experts were able to do with many of the Chinese attacks against US networks­ — it’s as a result of months of detailed analysis and investigation. That kind of time frame doesn’t help at the moment of attack, when you have to decide within milliseconds how your network is going to react and within days how your country is going to react. This, in part, explains the relative disarray within the Obama administration over what to do about North Korea. Officials in the US government and international institutions simply don’t have the legal or even the conceptual framework to deal with these types of scenarios.

The blurring of lines between individual actors and national governments has been happening more and more in cyberspace. What has been called the first cyberwar, Russia vs. Estonia in 2007, was partly the work of a 20-year-old ethnic Russian living in Tallinn, and partly the work of a pro-Kremlin youth group associated with the Russian government. Many of the Chinese hackers targeting Western networks seem to be unaffiliated with the Chinese government. And in 2011, the hacker group Anonymous threatened NATO.

It’s a strange future we live in when we can’t tell the difference between random hackers and major governments, or when those same random hackers can credibly threaten international military organizations.

This is why people around the world should care about the Sony hack. In this future, we’re going to see an even greater blurring of traditional lines between police, military, and private actions as technology broadly distributes attack capabilities across a variety of actors. This attribution difficulty is here to stay, at least for the foreseeable future.

If North Korea is responsible for the cyberattack, how is the situation different than a North Korean agent breaking into Sony’s office, photocopying a lot of papers, and making them available to the public? Is Chinese corporate espionage a problem for governments to solve, or should we let corporations defend themselves? Should the National Security Agency defend US corporate networks, or only US military networks? How much should we allow organizations like the NSA to insist that we trust them without proof when they claim to have classified evidence that they don’t want to disclose? How should we react to one government imposing sanctions on another based on this secret evidence? More importantly, when we don’t know who is launching an attack or why, who is in charge of the response and under what legal system should those in charge operate?

We need to figure all of this out. We need national guidelines to determine when the military should get involved and when it’s a police matter, as well as what sorts of proportional responses are available in each instance. We need international agreements defining what counts as cyberwar and what does not. And, most of all right now, we need to tone down all the cyberwar rhetoric. Breaking into the offices of a company and photocopying their paperwork is not an act of war, no matter who did it. Neither is doing the same thing over the Internet. Let’s save the big words for when it matters.

This essay previously appeared on TheAtlantic.com.

Jack Goldsmith responded to this essay.

Posted on January 7, 2015 at 11:16 AMView Comments

Sidebar photo of Bruce Schneier by Joe MacInnis.