Entries Tagged "courts"

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The Story of Tiversa

The New Yorker has published the long and interesting story of the cybersecurity firm Tiversa.

Watching “60 Minutes,” Boback saw a remarkable new business angle. Here was a multibillion-dollar industry with a near-existential problem and no clear solution. He did not know it then, but, as he turned the opportunity over in his mind, he was setting in motion a sequence of events that would earn him millions of dollars, friendships with business élites, prime-time media attention, and respect in Congress. It would also place him at the center of one of the strangest stories in the brief history of cybersecurity; he would be mired in lawsuits, countersuits, and counter-countersuits, which would gather into a vortex of litigation so ominous that one friend compared it to the Bermuda Triangle. He would be accused of fraud, of extortion, and of manipulating the federal government into harming companies that did not do business with him. Congress would investigate him. So would the F.B.I.

Posted on December 3, 2019 at 6:19 AMView Comments

AT&T Employees Took Bribes to Unlock Smartphones

This wasn’t a small operation:

A Pakistani man bribed AT&T call-center employees to install malware and unauthorized hardware as part of a scheme to fraudulently unlock cell phones, according to the US Department of Justice. Muhammad Fahd, 34, was extradited from Hong Kong to the US on Friday and is being detained pending trial.

An indictment alleges that “Fahd recruited and paid AT&T insiders to use their computer credentials and access to disable AT&T’s proprietary locking software that prevented ineligible phones from being removed from AT&T’s network,” a DOJ announcement yesterday said. “The scheme resulted in millions of phones being removed from AT&T service and/or payment plans, costing the company millions of dollars. Fahd allegedly paid the insiders hundreds of thousands of dollars­ — paying one co-conspirator $428,500 over the five-year scheme.”

In all, AT&T insiders received more than $1 million in bribes from Fahd and his co-conspirators, who fraudulently unlocked more than 2 million cell phones, the government alleged. Three former AT&T customer service reps from a call center in Bothell, Washington, already pleaded guilty and agreed to pay the money back to AT&T.

Posted on August 8, 2019 at 6:22 AMView Comments

How Privacy Laws Hurt Defendants

Rebecca Wexler has an interesting op-ed about an inadvertent harm that privacy laws can cause: while law enforcement can often access third-party data to aid in prosecution, the accused don’t have the same level of access to aid in their defense:

The proposed privacy laws would make this situation worse. Lawmakers may not have set out to make the criminal process even more unfair, but the unjust result is not surprising. When lawmakers propose privacy bills to protect sensitive information, law enforcement agencies lobby for exceptions so they can continue to access the information. Few lobby for the accused to have similar rights. Just as the privacy interests of poor, minority and heavily policed communities are often ignored in the lawmaking process, so too are the interests of criminal defendants, many from those same communities.

In criminal cases, both the prosecution and the accused have a right to subpoena evidence so that juries can hear both sides of the case. The new privacy bills need to ensure that law enforcement and defense investigators operate under the same rules when they subpoena digital data. If lawmakers believe otherwise, they should have to explain and justify that view.

For more detail, see her paper.

Posted on August 2, 2019 at 6:04 AMView Comments

The Importance of Protecting Cybersecurity Whistleblowers

Interesting essay arguing that we need better legislation to protect cybersecurity whistleblowers.

Congress should act to protect cybersecurity whistleblowers because information security has never been so important, or so challenging. In the wake of a barrage of shocking revelations about data breaches and companies mishandling of customer data, a bipartisan consensus has emerged in support of legislation to give consumers more control over their personal information, require companies to disclose how they collect and use consumer data, and impose penalties for data breaches and misuse of consumer data. The Federal Trade Commission (“FTC”) has been held out as the best agency to implement this new regulation. But for any such legislation to be effective, it must protect the courageous whistleblowers who risk their careers to expose data breaches and unauthorized use of consumers’ private data.

Whistleblowers strengthen regulatory regimes, and cybersecurity regulation would be no exception. Republican and Democratic leaders from the executive and legislative branches have extolled the virtues of whistleblowers. High-profile cases abound. Recently, Christopher Wylie exposed Cambridge Analytica’s misuse of Facebook user data to manipulate voters, including its apparent theft of data from 50 million Facebook users as part of a psychological profiling campaign. Though additional research is needed, the existing empirical data reinforces the consensus that whistleblowers help prevent, detect, and remedy misconduct. Therefore it is reasonable to conclude that protecting and incentivizing whistleblowers could help the government address the many complex challenges facing our nation’s information systems.

Posted on June 3, 2019 at 6:30 AMView Comments

I Was Cited in a Court Decision

An article I co-wrote — my first law journal article — was cited by the Massachusetts Supreme Judicial Court — the state supreme court — in a case on compelled decryption.

Here’s the first, in footnote 1:

We understand the word “password” to be synonymous with other terms that cell phone users may be familiar with, such as Personal Identification Number or “passcode.” Each term refers to the personalized combination of letters or digits that, when manually entered by the user, “unlocks” a cell phone. For simplicity, we use “password” throughout. See generally, Kerr & Schneier, Encryption Workarounds, 106 Geo. L.J. 989, 990, 994, 998 (2018).

And here’s the second, in footnote 5:

We recognize that ordinary cell phone users are likely unfamiliar with the complexities of encryption technology. For instance, although entering a password “unlocks” a cell phone, the password itself is not the “encryption key” that decrypts the cell phone’s contents. See Kerr & Schneier, supra at 995. Rather, “entering the [password] decrypts the [encryption] key, enabling the key to be processed and unlocking the phone. This two-stage process is invisible to the casual user.” Id. Because the technical details of encryption technology do not play a role in our analysis, they are not worth belaboring. Accordingly, we treat the entry of a password as effectively decrypting the contents of a cell phone. For a more detailed discussion of encryption technology, see generally Kerr & Schneier, supra.

Posted on March 15, 2019 at 2:38 PMView Comments

Reverse Location Search Warrants

The police are increasingly getting search warrants for information about all cell phones in a certain location at a certain time:

Police departments across the country have been knocking at Google’s door for at least the last two years with warrants to tap into the company’s extensive stores of cellphone location data. Known as “reverse location search warrants,” these legal mandates allow law enforcement to sweep up the coordinates and movements of every cellphone in a broad area. The police can then check to see if any of the phones came close to the crime scene. In doing so, however, the police can end up not only fishing for a suspect, but also gathering the location data of potentially hundreds (or thousands) of innocent people. There have only been anecdotal reports of reverse location searches, so it’s unclear how widespread the practice is, but privacy advocates worry that Google’s data will eventually allow more and more departments to conduct indiscriminate searches.

Of course, it’s not just Google who can provide this information.

I am also reminded of a Canadian surveillance program disclosed by Snowden.

I spend a lot of time talking about this sort of thing in Data and Goliath. Once you have everyone under surveillance all the time, many things are possible.

EDITED TO ADD (3/13): Here’ the portal law enforcement uses to make its requests.

Posted on February 21, 2019 at 6:33 AMView Comments

El Chapo's Encryption Defeated by Turning His IT Consultant

Impressive police work:

In a daring move that placed his life in danger, the I.T. consultant eventually gave the F.B.I. his system’s secret encryption keys in 2011 after he had moved the network’s servers from Canada to the Netherlands during what he told the cartel’s leaders was a routine upgrade.

A Dutch article says that it’s a BlackBerry system.

El Chapo had his IT person install “…spyware called FlexiSPY on the ‘special phones’ he had given to his wife, Emma Coronel Aispuro, as well as to two of his lovers, including one who was a former Mexican lawmaker.” That same software was used by the FBI when his IT person turned over the keys. Yet again we learn the lesson that a backdoor can be used against you.

And it doesn’t have to be with the IT person’s permission. A good intelligence agency can use the IT person’s authorizations without his knowledge or consent. This is why the NSA hunts sysadmins.

Slashdot thread. Hacker News thread. Boing Boing post.

EDITED TO ADD (2/12): Good information here.

Posted on January 16, 2019 at 6:53 AMView Comments

SpiderOak's Warrant Canary Died

BoingBoing has the story.

I have never quite trusted the idea of a warrant canary. But here it seems to have worked. (Presumably, if SpiderOak wanted to replace the warrant canary with a transparency report, they would have written something explaining their decision. To have it simply disappear is what we would expect if SpiderOak were being forced to comply with a US government request for personal data.)

EDITED TO ADD (8/9): SpiderOak has posted an explanation claiming that the warrant canary did not die — it just changed.

That’s obviously false, because it did die. And a change is the functional equivalent — that’s how they work. So either they have received a National Security Letter and now have to pretend they did not, or they completely misunderstood what a warrant canary is and how it works. No one knows.

I have never fully trusted warrant canaries — this EFF post explains why — and this is an illustration.

Posted on August 8, 2018 at 9:37 AMView Comments

Sidebar photo of Bruce Schneier by Joe MacInnis.