Entries Tagged "Chelsea Manning"

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Brazil Charges Glenn Greenwald with Cybercrimes

Glenn Greenwald has been charged with cybercrimes in Brazil, stemming from publishing information and documents that were embarrassing to the government. The charges are that he actively helped the people who actually did the hacking:

Citing intercepted messages between Mr. Greenwald and the hackers, prosecutors say the journalist played a “clear role in facilitating the commission of a crime.”

For instance, prosecutors contend that Mr. Greenwald encouraged the hackers to delete archives that had already been shared with The Intercept Brasil, in order to cover their tracks.

Prosecutors also say that Mr. Greenwald was communicating with the hackers while they were actively monitoring private chats on Telegram, a messaging app. The complaint charged six other individuals, including four who were detained last year in connection with the cellphone hacking.

This isn’t new, or unique to Brazil. Last year, Julian Assange was charged by the US with doing essentially the same thing with Chelsea Manning:

The indictment alleges that in March 2010, Assange engaged in a conspiracy with Chelsea Manning, a former intelligence analyst in the U.S. Army, to assist Manning in cracking a password stored on U.S. Department of Defense computers connected to the Secret Internet Protocol Network (SIPRNet), a U.S. government network used for classified documents and communications. Manning, who had access to the computers in connection with her duties as an intelligence analyst, was using the computers to download classified records to transmit to WikiLeaks. Cracking the password would have allowed Manning to log on to the computers under a username that did not belong to her. Such a deceptive measure would have made it more difficult for investigators to determine the source of the illegal disclosures.

During the conspiracy, Manning and Assange engaged in real-time discussions regarding Manning’s transmission of classified records to Assange. The discussions also reflect Assange actively encouraging Manning to provide more information. During an exchange, Manning told Assange that “after this upload, that’s all I really have got left.” To which Assange replied, “curious eyes never run dry in my experience.”

Good commentary on the Assange case here.

It’s too early for any commentary on the Greenwald case. Lots of news articles are essentially saying the same thing. I’ll post more news when there is some.

EDITED TO ADD (2/12): Marcy Wheeler compares the Greenwald case with the Assange case.

Posted on January 21, 2020 at 3:23 PM • View Comments

Counting the US Intelligence Community Leakers

It’s getting hard to keep track of the US intelligence community leakers without a scorecard. So here’s my attempt:

  • Leaker #1: Chelsea Manning.
  • Leaker #2: Edward Snowden.
  • Leaker #3: The person who leaked secret documents to Jake Appelbaum, Laura Poitras, and others in Germany: the Angela Merkel surveillance story, the TAO catalog, the X-KEYSCORE rules. My guess is that this is either an NSA employee or contractor working in Germany, or someone from German intelligence who has access to NSA documents. Snowden has said that he is not the source for the Merkel story, and Greenwald has confirmed that the Snowden documents are not the source for the X-KEYSCORE rules. This might be the “high-ranking NSA employee in Germany” from this story—or maybe that’s someone else entirely.
  • Leaker #4: “A source in the intelligence community,” according to the Intercept, who leaked information about the Terrorist Screening Database, the “second leaker” from the movie Citizen Four. Greenwald promises a lot from him: “Snowden, at a meeting with Greenwald in Moscow, expresses surprise at the level of information apparently coming from this new source. Greenwald, fearing he will be overheard, writes the details on scraps of paper.” We have seen nothing since, though. This is probably the leaker the FBI identified, although we have heard nothing further about that, either.
  • Leaker #5: Someone who is leaking CIA documents.
  • Leaker #6: The person who leaked secret information about WTO spying to the Intercept and the New Zealand Herald. This isn’t Snowden; the Intercept is very careful to identify him as the source when it writes about the documents he provided. Neither publication give any indication of how it was obtained. This might be Leaker #3, since it contains X-KEYSCORE rules.
  • Leaker #7: The person who just leaked secret information about the US drone program to the Intercept and Der Spiegel. This also might be Leaker #3, since there is a Germany connection. According to the Intercept: “The slides were provided by a source with knowledge of the U.S. government’s drone program who declined to be identified because of fears of retribution.” That implies someone new.

Am I missing anyone?

Harvard Law School professor Yochai Benkler has written an excellent law review article on the need for a whistleblower defense. And there’s this excellent article by David Pozen on why government leaks are, in general, a good thing. I wrote about the value of whistleblowers in Data and Goliath.

Way back in June 2013, Glenn Greenwald said that “courage is contagious.” He seems to be correct.

This post was originally published on the Lawfare blog.

EDITED TO ADD (4/22): News article.

In retrospect, I shouldn’t have included Manning in this list. I wanted it to be a list of active leaks, not historical leaks. And while Snowden is no longer leaking information, the reporters who received his documents are still releasing bits and pieces.

Posted on April 20, 2015 at 11:18 AM • View Comments

Government Secrecy and the Generation Gap

Big-government secrets require a lot of secret-keepers. As of October 2012, almost 5m people in the US have security clearances, with 1.4m at the top-secret level or higher, according to the Office of the Director of National Intelligence.

Most of these people do not have access to as much information as Edward Snowden, the former National Security Agency contractor turned leaker, or even Chelsea Manning, the former US army soldier previously known as Bradley who was convicted for giving material to WikiLeaks. But a lot of them do—and that may prove the Achilles heel of government. Keeping secrets is an act of loyalty as much as anything else, and that sort of loyalty is becoming harder to find in the younger generations. If the NSA and other intelligence bodies are going to survive in their present form, they are going to have to figure out how to reduce the number of secrets.

As the writer Charles Stross has explained, the old way of keeping intelligence secrets was to make it part of a life-long culture. The intelligence world would recruit people early in their careers and give them jobs for life. It was a private club, one filled with code words and secret knowledge.

You can see part of this in Mr Snowden’s leaked documents. The NSA has its own lingo—the documents are riddled with codename—its own conferences, its own awards and recognitions. An intelligence career meant that you had access to a new world, one to which “normal” people on the outside were completely oblivious. Membership of the private club meant people were loyal to their organisations, which were in turn loyal back to them.

Those days are gone. Yes, there are still the codenames and the secret knowledge, but a lot of the loyalty is gone. Many jobs in intelligence are now outsourced, and there is no job-for-life culture in the corporate world any more. Workforces are flexible, jobs are interchangeable and people are expendable.

Sure, it is possible to build a career in the classified world of government contracting, but there are no guarantees. Younger people grew up knowing this: there are no employment guarantees anywhere. They see it in their friends. They see it all around them.

Many will also believe in openness, especially the hacker types the NSA needs to recruit. They believe that information wants to be free, and that security comes from public knowledge and debate. Yes, there are important reasons why some intelligence secrets need to be secret, and the NSA culture reinforces secrecy daily. But this is a crowd that is used to radical openness. They have been writing about themselves on the internet for years. They have said very personal things on Twitter; they have had embarrassing photographs of themselves posted on Facebook. They have been dumped by a lover in public. They have overshared in the most compromising ways—and they have got through it. It is a tougher sell convincing this crowd that government secrecy trumps the public’s right to know.

Psychologically, it is hard to be a whistleblower. There is an enormous amount of pressure to be loyal to our peer group: to conform to their beliefs, and not to let them down. Loyalty is a natural human trait; it is one of the social mechanisms we use to thrive in our complex social world. This is why good people sometimes do bad things at work.

When someone becomes a whistleblower, he or she is deliberately eschewing that loyalty. In essence, they are deciding that allegiance to society at large trumps that to peers at work. That is the difficult part. They know their work buddies by name, but “society at large” is amorphous and anonymous. Believing that your bosses ultimately do not care about you makes that switch easier.

Whistleblowing is the civil disobedience of the information age. It is a way that someone without power can make a difference. And in the information age—the fact that everything is stored on computers and potentially accessible with a few keystrokes and mouse clicks—whistleblowing is easier than ever.

Mr Snowden is 30 years old; Manning 25. They are members of the generation we taught not to expect anything long-term from their employers. As such, employers should not expect anything long-term from them. It is still hard to be a whistleblower, but for this generation it is a whole lot easier.

A lot has been written about the problem of over-classification in US government. It has long been thought of as anti-democratic and a barrier to government oversight. Now we know that it is also a security risk. Organizations such as the NSA need to change their culture of secrecy, and concentrate their security efforts on what truly needs to remain secret. Their default practice of classifying everything is not going to work any more.

Hey, NSA, you’ve got a problem.

This essay previously appeared in the Financial Times.

EDITED TO ADD (9/14): Blog comments on this essay are particularly interesting.

Posted on September 9, 2013 at 1:30 PM • View Comments

Detaining David Miranda

Last Sunday, David Miranda was detained while changing planes at London Heathrow Airport by British authorities for nine hours under a controversial British law—the maximum time allowable without making an arrest. There has been much made of the fact that he’s the partner of Glenn Greenwald, the Guardian reporter whom Edward Snowden trusted with many of his NSA documents and the most prolific reporter of the surveillance abuses disclosed in those documents. There’s less discussion of what I feel was the real reason for Miranda’s detention. He was ferrying documents between Greenwald and Laura Poitras, a filmmaker and his co-reporter on Snowden and his information. These document were on several USB memory sticks he had with him. He had already carried documents from Greenwald in Rio de Janeiro to Poitras in Berlin, and was on his way back with different documents when he was detained.

The memory sticks were encrypted, of course, and Miranda did not know the key. This didn’t stop the British authorities from repeatedly asking for the key, and from confiscating the memory sticks along with his other electronics.

The incident prompted a major outcry in the UK. The UK’s Terrorist Act has always been controversial, and this clear misuse—it was intended to give authorities the right to detain and question suspected terrorists—is prompting new calls for its review. Certainly the UK. police will be more reluctant to misuse the law again in this manner.

I have to admit this story has me puzzled. Why would the British do something like this? What did they hope to gain, and why did they think it worth the cost? And—of course—were the British acting on their own under the Official Secrets Act, or were they acting on behalf of the United States? (My initial assumption was that they were acting on behalf of the US, but after the bizarre story of the British GCHQ demanding the destruction of Guardian computers last month, I’m not sure anymore.)

We do know the British were waiting for Miranda. It’s reasonable to assume they knew his itinerary, and had good reason to suspect that he was ferrying documents back and forth between Greenwald and Poitras. These documents could be source documents provided by Snowden, new documents that the two were working on either separately or together, or both. That being said, it’s inconceivable that the memory sticks would contain the only copies of these documents. Poitras retained copies of everything she gave Miranda. So the British authorities couldn’t possibly destroy the documents; the best they could hope for is that they would be able to read them.

Is it truly possible that the NSA doesn’t already know what Snowden has? They claim they don’t, but after Snowden’s name became public, the NSA would have conducted the mother of all audits. It would try to figure out what computer systems Snowden had access to, and therefore what documents he could have accessed. Hopefully, the audit information would give more detail, such as which documents he downloaded. I have a hard time believing that its internal auditing systems would be so bad that it wouldn’t be able to discover this.

So if the NSA knows what Snowden has, or what he could have, then the most it could learn from the USB sticks is what Greenwald and Poitras are currently working on, or thinking about working on. But presumably the things the two of them are working on are the things they’re going to publish next. Did the intelligence agencies really do all this simply for a few weeks’ heads-up on what was coming? Given how ham-handedly the NSA has handled PR as each document was exposed, it seems implausible that it wanted advance knowledge so it could work on a response. It’s been two months since the first Snowden revelation, and it still doesn’t have a decent PR story.

Furthermore, the UK authorities must have known that the data would be encrypted. Greenwald might have been a crypto newbie at the start of the Snowden affair, but Poitras is known to be good at security. The two have been communicating securely by e-mail when they do communicate. Maybe the UK authorities thought there was a good chance that one of them would make a security mistake, or that Miranda would be carrying paper documents.

Another possibility is that this was just intimidation. If so, it’s misguided. Anyone who regularly reads Greenwald could have told them that he would not have been intimidated—and, in fact, he expressed the exact opposite sentiment—and anyone who follows Poitras knows that she is even more strident in her views. Going after the loved ones of state enemies is a typically thuggish tactic, but it’s not a very good one in this case. The Snowden documents will get released. There’s no way to put this cat back in the bag, not even by killing the principal players.

It could possibly have been intended to intimidate others who are helping Greenwald and Poitras, or the Guardian and its advertisers. This will have some effect. Lavabit, Silent Circle, and now Groklaw have all been successfully intimidated. Certainly others have as well. But public opinion is shifting against the intelligence community. I don’t think it will intimidate future whistleblowers. If the treatment of Chelsea Manning didn’t discourage them, nothing will.

This leaves one last possible explanation—those in power were angry and impulsively acted on that anger. They’re lashing out: sending a message and demonstrating that they’re not to be messed with—that the normal rules of polite conduct don’t apply to people who screw with them. That’s probably the scariest explanation of all. Both the US and UK intelligence apparatuses have enormous money and power, and they have already demonstrated that they are willing to ignore their own laws. Once they start wielding that power unthinkingly, it could get really bad for everyone.

And it’s not going to be good for them, either. They seem to want Snowden so badly that that they’ll burn the world down to get him. But every time they act impulsively aggressive—convincing the governments of Portugal and France to block the plane carrying the Bolivian president because they thought Snowden was on it is another example—they lose a small amount of moral authority around the world, and some ability to act in the same way again. The more pressure Snowden feels, the more likely he is to give up on releasing the documents slowly and responsibly, and publish all of them at once—the same way that WikiLeaks published the US State Department cables.

Just this week, the Wall Street Journal reported on some new NSA secret programs that are spying on Americans. It got the information from “interviews with current and former intelligence and government officials and people from companies that help build or operate the systems, or provide data,” not from Snowden. This is only the beginning. The media will not be intimidated. I will not be intimidated. But it scares me that the NSA is so blind that it doesn’t see it.

This essay previously appeared on TheAtlantic.com.

EDITED TO ADD: I’ve been thinking about it, and there’s a good chance that the NSA doesn’t know what Snowden has. He was a sysadmin. He had access. Most of the audits and controls protect against normal users; someone with root access is going to be able to bypass a lot of them. And he had the technical chops to cover his tracks when he couldn’t just evade the auditing systems.

The AP makes an excellent point about this:

The disclosure undermines the Obama administration’s assurances to Congress and the public that the NSA surveillance programs can’t be abused because its spying systems are so aggressively monitored and audited for oversight purposes: If Snowden could defeat the NSA’s own tripwires and internal burglar alarms, how many other employees or contractors could do the same?

And, to be clear, I didn’t mean to say that intimidation wasn’t the government’s motive. I believe it was, and that it was poorly thought out intimidation: lashing out in anger, rather than from some Machiavellian strategy. (Here’s a similar view.) If they wanted Miranda’s electronics, they could have confiscated them and sent him on his way in fifteen minutes. Holding him for nine hours—the absolute maximum they could under the current law—was intimidation.

I am reminded of the phone call the Guardian received from British government. The exact quote reported was: “You’ve had your fun. Now we want the stuff back.” That’s something you would tell your child. And that’s the power dynamic that’s going on here.

EDITED TO ADD (8/27): Jay Rosen has an excellent essay on this.

EDITED TO ADD (9/12): Other editors react.

Posted on August 27, 2013 at 6:39 AM • View Comments

Government Secrets and the Need for Whistle-blowers

Yesterday, we learned that the NSA received all calling records from Verizon customers for a three-month period starting in April. That’s everything except the voice content: who called who, where they were, how long the call lasted—for millions of people, both Americans and foreigners. This “metadata” allows the government to track the movements of everyone during that period, and build a detailed picture of who talks to whom. It’s exactly the same data the Justice Department collected about AP journalists.

The Guardian delivered this revelation after receiving a copy of a secret memo about this—presumably from a whistle-blower. We don’t know if the other phone companies handed data to the NSA too. We don’t know if this was a one-off demand or a continuously renewed demand; the order started a few days after the Boston bombers were captured by police.

We don’t know a lot about how the government spies on us, but we know some things. We know the FBI has issued tens of thousands of ultra-secret National Security Letters to collect all sorts of data on people—we believe on millions of people—and has been abusing them to spy on cloud-computer users. We know it can collect a wide array of personal data from the Internet without a warrant. We also know that the FBI has been intercepting cell-phone data, all but voice content, for the past 20 years without a warrant, and can use the microphone on some powered-off cell phones as a room bug—presumably only with a warrant.

We know that the NSA has many domestic-surveillance and data-mining programs with codenames like Trailblazer, Stellar Wind, and Ragtime—deliberately using different codenames for similar programs to stymie oversight and conceal what’s really going on. We know that the NSA is building an enormous computer facility in Utah to store all this data, as well as faster computer networks to process it all. We know the U.S. Cyber Command employs 4,000 people.

We know that the DHS is also collecting a massive amount of data on people, and that local police departments are running “fusion centers” to collect and analyze this data, and covering up its failures. This is all part of the militarization of the police.

Remember in 2003, when Congress defunded the decidedly creepy Total Information Awareness program? It didn’t die; it just changed names and split into many smaller programs. We know that corporations are doing an enormous amount of spying on behalf of the government: all parts.

We know all of this not because the government is honest and forthcoming, but mostly through three backchannels—inadvertent hints or outright admissions by government officials in hearings and court cases, information gleaned from government documents received under FOIA, and government whistle-blowers.

There’s much more we don’t know, and often what we know is obsolete. We know quite a bit about the NSA’s ECHELON program from a 2000 European investigation, and about the DHS’s plans for Total Information Awareness from 2002, but much less about how these programs have evolved. We can make inferences about the NSA’s Utah facility based on the theoretical amount of data from various sources, the cost of computation, and the power requirements from the facility, but those are rough guesses at best. For a lot of this, we’re completely in the dark.

And that’s wrong.

The U.S. government is on a secrecy binge. It overclassifies more information than ever. And we learn, again and again, that our government regularly classifies things not because they need to be secret, but because their release would be embarrassing.

Knowing how the government spies on us is important. Not only because so much of it is illegal—or, to be as charitable as possible, based on novel interpretations of the law—but because we have a right to know. Democracy requires an informed citizenry in order to function properly, and transparency and accountability are essential parts of that. That means knowing what our government is doing to us, in our name. That means knowing that the government is operating within the constraints of the law. Otherwise, we’re living in a police state.

We need whistle-blowers.

Leaking information without getting caught is difficult. It’s almost impossible to maintain privacy in the Internet Age. The WikiLeaks platform seems to have been secure—Bradley Manning was caught not because of a technological flaw, but because someone he trusted betrayed him—but the U.S. government seems to have successfully destroyed it as a platform. None of the spin-offs have risen to become viable yet. The New Yorker recently unveiled its Strongbox platform for leaking material, which is still new but looks good. This link contains the best advice on how to leak information to the press via phone, email, or the post office. The National Whistleblowers Center has a page on national-security whistle-blowers and their rights.

Leaking information is also very dangerous. The Obama Administration has embarked on a war on whistle-blowers, pursuing them—both legally and through intimidation—further than any previous administration has done. Mark Klein, Thomas Drake, and William Binney have all been persecuted for exposing technical details of our surveillance state. Bradley Manning has been treated cruelly and inhumanly—and possibly tortured—for his more-indiscriminate leaking of State Department secrets.

The Obama Administration’s actions against the Associated Press, its persecution of Julian Assange, and its unprecedented prosecution of Manning on charges of “aiding the enemy” demonstrate how far it’s willing to go to intimidate whistle-blowers—as well as the journalists who talk to them.

But whistle-blowing is vital, even more broadly than in government spying. It’s necessary for good government, and to protect us from abuse of power.

We need details on the full extent of the FBI’s spying capabilities. We don’t know what information it routinely collects on American citizens, what extra information it collects on those on various watch lists, and what legal justifications it invokes for its actions. We don’t know its plans for future data collection. We don’t know what scandals and illegal actions—either past or present—are currently being covered up.

We also need information about what data the NSA gathers, either domestically or internationally. We don’t know how much it collects surreptitiously, and how much it relies on arrangements with various companies. We don’t know how much it uses password cracking to get at encrypted data, and how much it exploits existing system vulnerabilities. We don’t know whether it deliberately inserts backdoors into systems it wants to monitor, either with or without the permission of the communications-system vendors.

And we need details about the sorts of analysis the organizations perform. We don’t know what they quickly cull at the point of collection, and what they store for later analysis—and how long they store it. We don’t know what sort of database profiling they do, how extensive their CCTV and surveillance-drone analysis is, how much they perform behavioral analysis, or how extensively they trace friends of people on their watch lists.

We don’t know how big the U.S. surveillance apparatus is today, either in terms of money and people or in terms of how many people are monitored or how much data is collected. Modern technology makes it possible to monitor vastly more people—yesterday’s NSA revelations demonstrate that they could easily surveil everyone—than could ever be done manually.

Whistle-blowing is the moral response to immoral activity by those in power. What’s important here are government programs and methods, not data about individuals. I understand I am asking for people to engage in illegal and dangerous behavior. Do it carefully and do it safely, but—and I am talking directly to you, person working on one of these secret and probably illegal programs—do it.

If you see something, say something. There are many people in the U.S. that will appreciate and admire you.

For the rest of us, we can help by protesting this war on whistle-blowers. We need to force our politicians not to punish them—to investigate the abuses and not the messengers—and to ensure that those unjustly persecuted can obtain redress.

Our government is putting its own self-interest ahead of the interests of the country. That needs to change.

This essay originally appeared on the Atlantic.

EDITED TO ADD (6/10): It’s not just phone records. Another secret program, PRISM, gave the NSA access to e-mails and private messages at Google, Facebook, Yahoo!, Skype, AOL, and others. And in a separate leak, we now know about the Boundless Informant NSA data mining system.

The leaker for at least some of this is Edward Snowden. I consider him an American hero.

EFF has a great timeline of NSA spying. And this and this contain some excellent speculation about what PRISM could be.

Someone needs to write an essay parsing all of the precisely worded denials. Apple has never heard the word “PRISM,” but could have known of the program under a different name. Google maintained that there is no government “back door,” but left open the possibility that the data could have been just handed over. Obama said that the government isn’t “listening to your telephone calls,” ignoring 1) the meta-data, 2) the fact that computers could be doing all of the listening, and 3) that text-to-speech results in phone calls being read and not listened to. And so on and on and on.

Here are people defending the programs. And here’s someone criticizing my essay.

Four more good essays.

I’m sure there are lots more things out there that should be read. Please include the links in comments. Not only essays I would agree with; intelligent opinions from the other sides are just as important.

EDITED TO ADD (6/10): Two essays discussing the policy issues.

My original essay is being discussed on Reddit.

EDITED TO ADD (6/11): Three more good articles: “The Irrationality of Giving Up This Much Liberty to Fight Terror,” “If the NSA Trusted Edward Snowden with Our Data, Why Should We Trust the NSA?” and “Using Metadata to Find Paul Revere.”

EDITED TO ADD (6/11): NSA surveillance reimagined as children’s books.

EDITED TO ADD (7/1): This essay has been translated into Russian and French.

EDITED TO ADD (10/2): This essay has also been translated into Finnish.

Posted on June 10, 2013 at 6:12 AM • View Comments

The NSA's Ragtime Surveillance Program and the Need for Leaks

A new book reveals details about the NSA’s Ragtime surveillance program:

A book published earlier this month, “Deep State: Inside the Government Secrecy Industry,” contains revelations about the NSA’s snooping efforts, based on information gleaned from NSA sources. According to a detailed summary by Shane Harris at the Washingtonian yesterday, the book discloses that a codename for a controversial NSA surveillance program is “Ragtime”—and that as many as 50 companies have apparently participated, by providing data as part of a domestic collection initiative.

Deep State, which was authored by Marc Ambinder and D.B. Grady, also offers insight into how the NSA deems individuals a potential threat. The agency uses an automated data-mining process based on “a computerized analysis that assigns probability scores to each potential target,” as Harris puts it in his summary. The domestic version of the program, dubbed “Ragtime-P,” can process as many as 50 different data sets at one time, focusing on international communications from or to the United States. Intercepted metadata, such as email headers showing “to” and “from” fields, is stored in a database called “Marina,” where it generally stays for five years.

About three dozen NSA officials have access to Ragtime’s intercepted data on domestic counter-terrorism, the book claims, though outside the agency some 1000 people “are privy to the full details of the program.” Internally, the NSA apparently only employs four or five individuals as “compliance staff” to make sure the snooping is falling in line with laws and regulations. Another section of the Ragtime program, “Ragtime-A,” is said to involve U.S.-based interception of foreign counterterrorism data, while “Ragtime-B” collects data from foreign governments that transits through the U.S., and “Ragtime-C” monitors counter proliferation activity.

The whole article is interesting, as is the detailed summary, but I thought this comment was particularly important:

The fact that NSA keeps applying separate codenames to programs that inevitably are closely intertwined is an important clue to what’s really going on. The government wants to pretend they are discrete surveillance programs in order to conceal, especially from Congressional oversight, how monstrous they are in sum. So they’ll give a separate briefing on Trailblazer or what have you, and for an hour everybody in the room acts as if the whole thing is carefully circumscribed and under control. And then if somebody ever finds out about another program (say ‘Moonraker’ or what have you), then they go ahead and offer a similarly reassuring briefing on that. And nobody in Congress has to acknowledge that the Total Information Awareness Program that was exposed and met with howls of protest…actually wasn’t shut down at all, just went back under the radar after being renamed (and renamed and renamed).

He’s right. The real threat isn’t any one particular secret program, it’s all of them put together. And by dividing up the programs into different code names, the big picture remains secret and we only ever get glimpses of it.

We need whistleblowers. Much of the information we have about the NSA’s and the Justice Department’s plans and capabilities—think Echelon, Total Information Awareness, and the post-9/11 telephone eavesdropping program—is over a decade old.

Frank Rieger of the Chaos Computer Club got it right in 2006:

We also need to know how the intelligence agencies work today. It is of highest priority to learn how the “we rather use backdoors than waste time cracking your keys”-methods work in practice on a large scale and what backdoors have been intentionally built into or left inside our systems….

Of course, the risk of publishing this kind of knowledge is high, especially for those on the dark side. So we need to build structures that can lessen the risk. We need anonymous submission systems for documents, methods to clean out eventual document fingerprinting (both on paper and electronic). And, of course, we need to develop means to identify the inevitable disinformation that will also be fed through these channels to confuse us.

Unfortunately, the Obama Administration’s mistreatment of Bradley Manning and its aggressive prosecution of other whistleblowers has probably succeeded in scaring any copycats. Yochai Benkler writes:

The prosecution will likely not accept Manning’s guilty plea to lesser offenses as the final word. When the case goes to trial in June, they will try to prove that Manning is guilty of a raft of more serious offenses. Most aggressive and novel among these harsher offenses is the charge that by giving classified materials to WikiLeaks Manning was guilty of “aiding the enemy.” That’s when the judge will have to decide whether handing over classified materials to ProPublica or the New York Times, knowing that Al Qaeda can read these news outlets online, is indeed enough to constitute the capital offense of “aiding the enemy.”

Aiding the enemy is a broad and vague offense. In the past, it was used in hard-core cases where somebody handed over information about troop movements directly to someone the collaborator believed to be “the enemy,” to American POWs collaborating with North Korean captors, or to a German American citizen who was part of a German sabotage team during WWII. But the language of the statute is broad. It prohibits not only actually aiding the enemy, giving intelligence, or protecting the enemy, but also the broader crime of communicating—directly or indirectly—with the enemy without authorization. That’s the prosecution’s theory here: Manning knew that the materials would be made public, and he knew that Al Qaeda or its affiliates could read the publications in which the materials would be published. Therefore, the prosecution argues, by giving the materials to WikiLeaks, Manning was “indirectly” communicating with the enemy. Under this theory, there is no need to show that the defendant wanted or intended to aid the enemy. The prosecution must show only that he communicated the potentially harmful information, knowing that the enemy could read the publications to which he leaked the materials. This would be true whether Al Qaeda searched the WikiLeaks database or the New York Times‘….

This theory is unprecedented in modern American history.

[…]

If Bradley Manning is convicted of aiding the enemy, the introduction of a capital offense into the mix would dramatically elevate the threat to whistleblowers. The consequences for the ability of the press to perform its critical watchdog function in the national security arena will be dire. And then there is the principle of the thing. However technically defensible on the language of the statute, and however well-intentioned the individual prosecutors in this case may be, we have to look at ourselves in the mirror of this case and ask: Are we the America of Japanese Internment and Joseph McCarthy, or are we the America of Ida Tarbell and the Pentagon Papers? What kind of country makes communicating with the press for publication to the American public a death-eligible offense?

A country that’s much less free and much less secure.

Posted on March 6, 2013 at 1:24 PM • View Comments

Is There a Hacking Epidemic?

Freakonomics asks: “Why has there been such a spike in hacking recently? Or is it merely a function of us paying closer attention and of institutions being more open about reporting security breaches?”

They posted five answers, including mine:

The apparent recent hacking epidemic is more a function of news reporting than an actual epidemic. Like shark attacks or school violence, natural fluctuations in data become press epidemics, as more reporters write about more events, and more people read about them. Just because the average person reads more articles about more events doesn’t mean that there are more events—just more articles.

Hacking for fun—like LulzSec—has been around for decades. It’s where hacking started, before criminals discovered the Internet in the 1990s. Criminal hacking for profit—like the Citibank hack—has been around for over a decade. International espionage existed for millennia before the Internet, and has never taken a holiday.

The past several months have brought us a string of newsworthy hacking incidents. First there was the hacking group Anonymous, and its hacktivism attacks as a response to the pressure to interdict contributions to Julian Assange‘s legal defense fund and the torture of Bradley Manning. Then there was the probably espionage-related attack against RSA, Inc. and its authentication token—made more newsworthy because of the bungling of the disclosure by the company—and the subsequent attack against Lockheed Martin. And finally, there were the very public attacks against Sony, which became the company to attack simply because everyone else was attacking it, and the public hacktivism by LulzSec.

None of this is new. None of this is unprecedented. To a security professional, most of it isn’t even interesting. And while national intelligence organizations and some criminal groups are organized, hacker groups like Anonymous and LulzSec are much more informal. Despite the impression we get from movies, there is no organization. There’s no membership, there are no dues, there is no initiation. It’s just a bunch of guys. You too can join Anonymous—just hack something, and claim you’re a member. That’s probably what the members of Anonymous arrested in Turkey were: 32 people who just decided to use that name.

It’s not that things are getting worse; it’s that things were always this bad. To a lot of security professionals, the value of some of these groups is to graphically illustrate what we’ve been saying for years: organizations need to beef up their security against a wide variety of threats. But the recent news epidemic also illustrates how safe the Internet is. Because news articles are the only contact most of us have had with any of these attacks.

Posted on July 21, 2011 at 6:07 AM • View Comments

WikiLeaks

Long, but interesting, profile of WikiLeaks’s Julian Assange from The New Yorker.

Assange is an international trafficker, of sorts. He and his colleagues collect documents and imagery that governments and other institutions regard as confidential and publish them on a Web site called WikiLeaks.org. Since it went online, three and a half years ago, the site has published an extensive catalogue of secret material, ranging from the Standard Operating Procedures at Camp Delta, in Guantánamo Bay, and the “Climategate” e-mails from the University of East Anglia, in England, to the contents of Sarah Palin’s private Yahoo account.

This is only peripherally related, but Bradley Manning—an American soldier—has been arrested for leaking classified documents to WikiLeaks.

Another article from The Guardian, directly related to Manning.

EDITED TO ADD (7/13): More links.

Posted on June 24, 2010 at 1:13 PM •

Sidebar photo of Bruce Schneier by Joe MacInnis.