Entries Tagged "Edward Snowden"

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Google Responds to Warrants for “About” Searches

One of the things we learned from the Snowden documents is that the NSA conducts “about” searches. That is, searches based on activities and not identifiers. A normal search would be on a name, or IP address, or phone number. An about search would something like “show me anyone that has used this particular name in a communications,” or “show me anyone who was at this particular location within this time frame.” These searches are legal when conducted for the purpose of foreign surveillance, but the worry about using them domestically is that they are unconstitutionally broad. After all, the only way to know who said a particular name is to know what everyone said, and the only way to know who was at a particular location is to know where everyone was. The very nature of these searches requires mass surveillance.

The FBI does not conduct mass surveillance. But many US corporations do, as a normal part of their business model. And the FBI uses that surveillance infrastructure to conduct its own about searches. Here’s an arson case where the FBI asked Google who searched for a particular street address:

Homeland Security special agent Sylvette Reynoso testified that her team began by asking Google to produce a list of public IP addresses used to google the home of the victim in the run-up to the arson. The Chocolate Factory [Google] complied with the warrant, and gave the investigators the list. As Reynoso put it:

On June 15, 2020, the Honorable Ramon E. Reyes, Jr., United States Magistrate Judge for the Eastern District of New York, authorized a search warrant to Google for users who had searched the address of the Residence close in time to the arson.

The records indicated two IPv6 addresses had been used to search for the address three times: one the day before the SUV was set on fire, and the other two about an hour before the attack. The IPv6 addresses were traced to Verizon Wireless, which told the investigators that the addresses were in use by an account belonging to Williams.

Google’s response is that this is rare:

While word of these sort of requests for the identities of people making specific searches will raise the eyebrows of privacy-conscious users, Google told The Register the warrants are a very rare occurrence, and its team fights overly broad or vague requests.

“We vigorously protect the privacy of our users while supporting the important work of law enforcement,” Google’s director of law enforcement and information security Richard Salgado told us. “We require a warrant and push to narrow the scope of these particular demands when overly broad, including by objecting in court when appropriate.

“These data demands represent less than one per cent of total warrants and a small fraction of the overall legal demands for user data that we currently receive.”

Here’s another example of what seems to be about data leading to a false arrest.

According to the lawsuit, police investigating the murder knew months before they arrested Molina that the location data obtained from Google often showed him in two places at once, and that he was not the only person who drove the Honda registered under his name.

Avondale police knew almost two months before they arrested Molina that another man ­ his stepfather ­ sometimes drove Molina’s white Honda. On October 25, 2018, police obtained records showing that Molina’s Honda had been impounded earlier that year after Molina’s stepfather was caught driving the car without a license.

Data obtained by Avondale police from Google did show that a device logged into Molina’s Google account was in the area at the time of Knight’s murder. Yet on a different date, the location data from Google also showed that Molina was at a retirement community in Scottsdale (where his mother worked) while debit card records showed that Molina had made a purchase at a Walmart across town at the exact same time.

Molina’s attorneys argue that this and other instances like it should have made it clear to Avondale police that Google’s account-location data is not always reliable in determining the actual location of a person.

“About” searches might be rare, but that doesn’t make them a good idea. We have knowingly and willingly built the architecture of a police state, just so companies can show us ads. (And it is increasingly apparent that the advertising-supported Internet is heading for a crash.)

Posted on October 13, 2020 at 6:20 AMView Comments

Bart Gellman on Snowden

Bart Gellman’s long-awaited (at least by me) book on Edward Snowden, Dark Mirror: Edward Snowden and the American Surveillance State, will finally be published in a couple of weeks. There is an adapted excerpt in the Atlantic.

It’s an interesting read, mostly about the government surveillance of him and other journalists. He speaks about an NSA program called FIRSTFRUITS that specifically spies on US journalists. (This isn’t news; we learned about this in 2006. But there are lots of new details.)

One paragraph in the excerpt struck me:

Years later Richard Ledgett, who oversaw the NSA’s media-leaks task force and went on to become the agency’s deputy director, told me matter-of-factly to assume that my defenses had been breached. “My take is, whatever you guys had was pretty immediately in the hands of any foreign intelligence service that wanted it,” he said, “whether it was Russians, Chinese, French, the Israelis, the Brits. Between you, Poitras, and Greenwald, pretty sure you guys can’t stand up to a full-fledged nation-state attempt to exploit your IT. To include not just remote stuff, but hands-on, sneak-into-your-house-at-night kind of stuff. That’s my guess.”

I remember thinking the same thing. It was the summer of 2013, and I was visiting Glenn Greenwald in Rio de Janeiro. This was just after Greenwald’s partner was detained in the UK trying to ferry some documents from Laura Poitras in Berlin back to Greenwald. It was an opsec disaster; they would have been much more secure if they’d emailed the encrypted files. In fact, I told them to do that, every single day. I wanted them to send encrypted random junk back and forth constantly, to hide when they were actually sharing real data.

As soon as I saw their house I realized exactly what Ledgett said. I remember standing outside the house, looking into the dense forest for TEMPEST receivers. I didn’t see any, which only told me they were well hidden. I guessed that black-bag teams from various countries had already been all over the house when they were out for dinner, and wondered what would have happened if teams from different countries bumped into each other. I assumed that all the countries Ledgett listed above — plus the US and a few more — had a full take of what Snowden gave the journalists. These journalists against those governments just wasn’t a fair fight.

I’m looking forward to reading Gellman’s book. I’m kind of surprised no one sent me an advance copy.

Posted on May 20, 2020 at 2:08 PMView Comments

Edward Snowden's Memoirs

Ed Snowden has published a book of his memoirs: Permanent Record. I have not read it yet, but I want to point you all towards two pieces of writing about the book. The first is an excellent review of the book and Snowden in general by SF writer and essayist Jonathan Lethem, who helped make a short film about Snowden in 2014. The second is an essay looking back at the Snowden revelations and what they mean. Both are worth reading.

As to the book, there are lots of other reviews.

The US government has sued to seize Snowden’s royalties from book sales.

EDITED TO ADD (11/7): Interesting quote from the Guardian piece:

Snowden dishes on the shortcomings of our spy networks. According to him, the National Security Agency (NSA) is home to cutting-edge technology that is poorly safeguarded. In contrast, the CIA is weak on gadgetry and tech but zealous in protecting its secrets.

Posted on October 7, 2019 at 6:53 AMView Comments

NSA Hawaii

Recently I’ve heard Edward Snowden talk about his working at the NSA in Hawaii as being “under a pineapple field.” CBS News recently ran a segment on that NSA listening post on Oahu.

Not a whole lot of actual information. “We’re in office building, in a pineapple field, on Oahu….” And part of it is underground — we see a tunnel. We didn’t get to see any pineapples, though.

Posted on May 24, 2019 at 2:14 PMView Comments

First Look Media Shutting Down Access to Snowden NSA Archives

The Daily Beast is reporting that First Look Media — home of The Intercept and Glenn Greenwald — is shutting down access to the Snowden archives.

The Intercept was the home for Greenwald’s subset of Snowden’s NSA documents since 2014, after he parted ways with the Guardian the year before. I don’t know the details of how the archive was stored, but it was offline and well secured — and it was available to journalists for research purposes. Many stories were published based on those archives over the years, albeit fewer in recent years.

The article doesn’t say what “shutting down access” means, but my guess is that it means that First Look Media will no longer make the archive available to outside journalists, and probably not to staff journalists, either. Reading between the lines, I think they will delete what they have.

This doesn’t mean that we’re done with the documents. Glenn Greenwald tweeted:

Both Laura & I have full copies of the archives, as do others. The Intercept has given full access to multiple media orgs, reporters & researchers. I’ve been looking for the right partner — an academic institution or research facility — that has the funds to robustly publish.

I’m sure there are still stories in those NSA documents, but with many of them a decade or more old, they are increasingly history and decreasingly current events. Every capability discussed in the documents needs to be read with a “and then they had ten years to improve this” mentality.

Eventually it’ll all become public, but not before it is 100% history and 0% current events.

Posted on March 21, 2019 at 5:52 AMView Comments

Japan's Directorate for Signals Intelligence

The Intercept has a long article on Japan’s equivalent of the NSA: the Directorate for Signals Intelligence. Interesting, but nothing really surprising.

The directorate has a history that dates back to the 1950s; its role is to eavesdrop on communications. But its operations remain so highly classified that the Japanese government has disclosed little about its work ­ even the location of its headquarters. Most Japanese officials, except for a select few of the prime minister’s inner circle, are kept in the dark about the directorate’s activities, which are regulated by a limited legal framework and not subject to any independent oversight.

Now, a new investigation by the Japanese broadcaster NHK — produced in collaboration with The Intercept — reveals for the first time details about the inner workings of Japan’s opaque spy community. Based on classified documents and interviews with current and former officials familiar with the agency’s intelligence work, the investigation shines light on a previously undisclosed internet surveillance program and a spy hub in the south of Japan that is used to monitor phone calls and emails passing across communications satellites.

The article includes some new documents from the Snowden archive.

Posted on May 21, 2018 at 9:54 AMView Comments

Two NSA Algorithms Rejected by the ISO

The ISO has rejected two symmetric encryption algorithms: SIMON and SPECK. These algorithms were both designed by the NSA and made public in 2013. They are optimized for small and low-cost processors like IoT devices.

The risk of using NSA-designed ciphers, of course, is that they include NSA-designed backdoors. Personally, I doubt that they’re backdoored. And I always like seeing NSA-designed cryptography (particularly its key schedules). It’s like examining alien technology.

EDITED TO ADD (5/14): Why the algorithms were rejected.

Posted on April 25, 2018 at 6:54 AMView Comments

After Section 702 Reauthorization

For over a decade, civil libertarians have been fighting government mass surveillance of innocent Americans over the Internet. We’ve just lost an important battle. On January 18, President Trump signed the renewal of Section 702, domestic mass surveillance became effectively a permanent part of US law.

Section 702 was initially passed in 2008, as an amendment to the Foreign Intelligence Surveillance Act of 1978. As the title of that law says, it was billed as a way for the NSA to spy on non-Americans located outside the United States. It was supposed to be an efficiency and cost-saving measure: the NSA was already permitted to tap communications cables located outside the country, and it was already permitted to tap communications cables from one foreign country to another that passed through the United States. Section 702 allowed it to tap those cables from inside the United States, where it was easier. It also allowed the NSA to request surveillance data directly from Internet companies under a program called PRISM.

The problem is that this authority also gave the NSA the ability to collect foreign communications and data in a way that inherently and intentionally also swept up Americans’ communications as well, without a warrant. Other law enforcement agencies are allowed to ask the NSA to search those communications, give their contents to the FBI and other agencies and then lie about their origins in court.

In 1978, after Watergate had revealed the Nixon administration’s abuses of power, we erected a wall between intelligence and law enforcement that prevented precisely this kind of sharing of surveillance data under any authority less restrictive than the Fourth Amendment. Weakening that wall is incredibly dangerous, and the NSA should never have been given this authority in the first place.

Arguably, it never was. The NSA had been doing this type of surveillance illegally for years, something that was first made public in 2006. Section 702 was secretly used as a way to paper over that illegal collection, but nothing in the text of the later amendment gives the NSA this authority. We didn’t know that the NSA was using this law as the statutory basis for this surveillance until Edward Snowden showed us in 2013.

Civil libertarians have been battling this law in both Congress and the courts ever since it was proposed, and the NSA’s domestic surveillance activities even longer. What this most recent vote tells me is that we’ve lost that fight.

Section 702 was passed under George W. Bush in 2008, reauthorized under Barack Obama in 2012, and now reauthorized again under Trump. In all three cases, congressional support was bipartisan. It has survived multiple lawsuits by the Electronic Frontier Foundation, the ACLU, and others. It has survived the revelations by Snowden that it was being used far more extensively than Congress or the public believed, and numerous public reports of violations of the law. It has even survived Trump’s belief that he was being personally spied on by the intelligence community, as well as any congressional fears that Trump could abuse the authority in the coming years. And though this extension lasts only six years, it’s inconceivable to me that it will ever be repealed at this point.

So what do we do? If we can’t fight this particular statutory authority, where’s the new front on surveillance? There are, it turns out, reasonable modifications that target surveillance more generally, and not in terms of any particular statutory authority. We need to look at US surveillance law more generally.

First, we need to strengthen the minimization procedures to limit incidental collection. Since the Internet was developed, all the world’s communications travel around in a single global network. It’s impossible to collect only foreign communications, because they’re invariably mixed in with domestic communications. This is called “incidental” collection, but that’s a misleading name. It’s collected knowingly, and searched regularly. The intelligence community needs much stronger restrictions on which American communications channels it can access without a court order, and rules that require they delete the data if they inadvertently collect it. More importantly, “collection” is defined as the point the NSA takes a copy of the communications, and not later when they search their databases.

Second, we need to limit how other law enforcement agencies can use incidentally collected information. Today, those agencies can query a database of incidental collection on Americans. The NSA can legally pass information to those other agencies. This has to stop. Data collected by the NSA under its foreign surveillance authority should not be used as a vehicle for domestic surveillance.

The most recent reauthorization modified this lightly, forcing the FBI to obtain a court order when querying the 702 data for a criminal investigation. There are still exceptions and loopholes, though.

Third, we need to end what’s called “parallel construction.” Today, when a law enforcement agency uses evidence found in this NSA database to arrest someone, it doesn’t have to disclose that fact in court. It can reconstruct the evidence in some other manner once it knows about it, and then pretend it learned of it that way. This right to lie to the judge and the defense is corrosive to liberty, and it must end.

Pressure to reform the NSA will probably first come from Europe. Already, European Union courts have pointed to warrantless NSA surveillance as a reason to keep Europeans’ data out of US hands. Right now, there is a fragile agreement between the EU and the United States ­– called “Privacy Shield” — ­that requires Americans to maintain certain safeguards for international data flows. NSA surveillance goes against that, and it’s only a matter of time before EU courts start ruling this way. That’ll have significant effects on both government and corporate surveillance of Europeans and, by extension, the entire world.

Further pressure will come from the increased surveillance coming from the Internet of Things. When your home, car, and body are awash in sensors, privacy from both governments and corporations will become increasingly important. Sooner or later, society will reach a tipping point where it’s all too much. When that happens, we’re going to see significant pushback against surveillance of all kinds. That’s when we’ll get new laws that revise all government authorities in this area: a clean sweep for a new world, one with new norms and new fears.

It’s possible that a federal court will rule on Section 702. Although there have been many lawsuits challenging the legality of what the NSA is doing and the constitutionality of the 702 program, no court has ever ruled on those questions. The Bush and Obama administrations successfully argued that defendants don’t have legal standing to sue. That is, they have no right to sue because they don’t know they’re being targeted. If any of the lawsuits can get past that, things might change dramatically.

Meanwhile, much of this is the responsibility of the tech sector. This problem exists primarily because Internet companies collect and retain so much personal data and allow it to be sent across the network with minimal security. Since the government has abdicated its responsibility to protect our privacy and security, these companies need to step up: Minimize data collection. Don’t save data longer than absolutely necessary. Encrypt what has to be saved. Well-designed Internet services will safeguard users, regardless of government surveillance authority.

For the rest of us concerned about this, it’s important not to give up hope. Everything we do to keep the issue in the public eye ­– and not just when the authority comes up for reauthorization again in 2024 — hastens the day when we will reaffirm our rights to privacy in the digital age.

This essay previously appeared in the Washington Post.

Posted on January 31, 2018 at 6:06 AMView Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.