Entries Tagged "Edward Snowden"

Page 9 of 15

Today I Briefed Congress on the NSA

This morning, I spent an hour in a closed room with six members of Congress: Rep. Lofgren, Rep. Sensenbrenner, Rep. Bobby Scott, Rep. Goodlatte, Rep. Mike Thompson, and Rep. Amash. No staffers, no public: just them. Lofgren had asked me to brief her and a few Representatives on the NSA. She said that the NSA wasn’t forthcoming about their activities, and they wanted me—as someone with access to the Snowden documents—to explain to them what the NSA was doing. Of course, I’m not going to give details on the meeting, except to say that it was candid and interesting. And that it’s extremely freaky that Congress has such a difficult time getting information out of the NSA that they have to ask me. I really want oversight to work better in this country.

Surreal part of setting up this meeting: I suggested that we hold this meeting in a SCIF, because they wanted me to talk about top secret documents that had not been made public. The problem is that I, as someone without a clearance, would not be allowed into the SCIF. So we had to have the meeting in a regular room.

EDITED TO ADD: This really was an extraordinary thing.

Posted on January 16, 2014 at 12:27 PM • View Comments

How the NSA Threatens National Security

Secret NSA eavesdropping is still in the news. Details about once secret programs continue to leak. The Director of National Intelligence has recently declassified additional information, and the President’s Review Group has just released its report and recommendations.

With all this going on, it’s easy to become inured to the breadth and depth of the NSA’s activities. But through the disclosures, we’ve learned an enormous amount about the agency’s capabilities, how it is failing to protect us, and what we need to do to regain security in the Information Age.

First and foremost, the surveillance state is robust. It is robust politically, legally, and technically. I can name three different NSA programs to collect Gmail user data. These programs are based on three different technical eavesdropping capabilities. They rely on three different legal authorities. They involve collaborations with three different companies. And this is just Gmail. The same is true for cell phone call records, Internet chats, cell-phone location data.

Second, the NSA continues to lie about its capabilities. It hides behind tortured interpretations of words like “collect,” “incidentally,” “target,” and “directed.” It cloaks programs in multiple code names to obscure their full extent and capabilities. Officials testify that a particular surveillance activity is not done under one particular program or authority, conveniently omitting that it is done under some other program or authority.

Third, US government surveillance is not just about the NSA. The Snowden documents have given us extraordinary details about the NSA’s activities, but we now know that the CIA, NRO, FBI, DEA, and local police all engage in ubiquitous surveillance using the same sorts of eavesdropping tools, and that they regularly share information with each other.

The NSA’s collect-everything mentality is largely a hold-over from the Cold War, when a voyeuristic interest in the Soviet Union was the norm. Still, it is unclear how effective targeted surveillance against “enemy” countries really is. Even when we learn actual secrets, as we did regarding Syria’s use of chemical weapons earlier this year, we often can’t do anything with the information.

Ubiquitous surveillance should have died with the fall of Communism, but it got a new—and even more dangerous—life with the intelligence community’s post-9/11 “never again” terrorism mission. This quixotic goal of preventing something from happening forces us to try to know everything that does happen. This pushes the NSA to eavesdrop on online gaming worlds and on every cell phone in the world. But it’s a fool’s errand; there are simply too many ways to communicate.

We have no evidence that any of this surveillance makes us safer. NSA Director General Keith Alexander responded to these stories in June by claiming that he disrupted 54 terrorist plots. In October, he revised that number downward to 13, and then to “one or two.” At this point, the only “plot” prevented was that of a San Diego man sending $8,500 to support a Somali militant group. We have been repeatedly told that these surveillance programs would have been able to stop 9/11, yet the NSA didn’t detect the Boston bombings—even though one of the two terrorists was on the watch list and the other had a sloppy social media trail. Bulk collection of data and metadata is an ineffective counterterrorism tool.

Not only is ubiquitous surveillance ineffective, it is extraordinarily costly. I don’t mean just the budgets, which will continue to skyrocket. Or the diplomatic costs, as country after country learns of our surveillance programs against their citizens. I’m also talking about the cost to our society. It breaks so much of what our society has built. It breaks our political systems, as Congress is unable to provide any meaningful oversight and citizens are kept in the dark about what government does. It breaks our legal systems, as laws are ignored or reinterpreted, and people are unable to challenge government actions in court. It breaks our commercial systems, as US computer products and services are no longer trusted worldwide. It breaks our technical systems, as the very protocols of the Internet become untrusted. And it breaks our social systems; the loss of privacy, freedom, and liberty is much more damaging to our society than the occasional act of random violence.

And finally, these systems are susceptible to abuse. This is not just a hypothetical problem. Recent history illustrates many episodes where this information was, or would have been, abused: Hoover and his FBI spying, McCarthy, Martin Luther King Jr. and the civil rights movement, anti-war Vietnam protesters, and—more recently—the Occupy movement. Outside the US, there are even more extreme examples. Building the surveillance state makes it too easy for people and organizations to slip over the line into abuse.

It’s not just domestic abuse we have to worry about; it’s the rest of the world, too. The more we choose to eavesdrop on the Internet and other communications technologies, the less we are secure from eavesdropping by others. Our choice isn’t between a digital world where the NSA can eavesdrop and one where the NSA is prevented from eavesdropping; it’s between a digital world that is vulnerable to all attackers, and one that is secure for all users.

Fixing this problem is going to be hard. We are long past the point where simple legal interventions can help. The bill in Congress to limit NSA surveillance won’t actually do much to limit NSA surveillance. Maybe the NSA will figure out an interpretation of the law that will allow it to do what it wants anyway. Maybe it’ll do it another way, using another justification. Maybe the FBI will do it and give it a copy. And when asked, it’ll lie about it.

NSA-level surveillance is like the Maginot Line was in the years before World War II: ineffective and wasteful. We need to openly disclose what surveillance we have been doing, and the known insecurities that make it possible. We need to work toward security, even if other countries like China continue to use the Internet as a giant surveillance platform. We need to build a coalition of free-world nations dedicated to a secure global Internet, and we need to continually push back against bad actors—both state and non-state—that work against that goal.

Securing the Internet requires both laws and technology. It requires Internet technology that secures data wherever it is and however it travels. It requires broad laws that put security ahead of both domestic and international surveillance. It requires additional technology to enforce those laws, and a worldwide enforcement regime to deal with bad actors. It’s not easy, and has all the problems that other international issues have: nuclear, chemical, and biological weapon non-proliferation; small arms trafficking; human trafficking; money laundering; intellectual property. Global information security and anti-surveillance needs to join those difficult global problems, so we can start making progress.

The President’s Review Group recommendations are largely positive, but they don’t go nearly far enough. We need to recognize that security is more important than surveillance, and work towards that goal.

This essay previously appeared on TheAtlantic.com.

Posted on January 13, 2014 at 6:28 AM • View Comments

NSA Spying: Whom Do You Believe?

On Friday, Reuters reported that RSA entered into a secret contract to make DUAL_EC_PRNG the default random number generator in the BSAFE toolkit. DUA_EC_PRNG is now known to have been backdoored by the NSA.

Yesterday, RSA denied it:

Recent press coverage has asserted that RSA entered into a “secret contract” with the NSA to incorporate a known flawed random number generator into its BSAFE encryption libraries. We categorically deny this allegation.

[…]

We made the decision to use Dual EC DRBG as the default in BSAFE toolkits in 2004, in the context of an industry-wide effort to develop newer, stronger methods of encryption. At that time, the NSA had a trusted role in the community-wide effort to strengthen, not weaken, encryption.

We know from both Mark Klein and Edward Snowden—and pretty much everything else about the NSA—that the NSA directly taps the trunk lines of AT&T (and pretty much every other telcom carrier). On Friday, AT&T denied that:

In its statement, AT&T sought to push back against the notion that it provides the government with such access. “We do not allow any government agency to connect directly to our network to gather, review or retrieve our customers’ information,” said Watts.

I’ve written before about how the NSA has corroded our trust in the Internet and communications technologies. The debates over these companies’ statements, and about exactly how they are using and abusing individual words to lie while claiming they are not lying, is a manifestation of that.

Me again:

This sort of thing can destroy our country. Trust is essential in our society. And if we can’t trust either our government or the corporations that have intimate access into so much of our lives, society suffers. Study after study demonstrates the value of living in a high-trust society and the costs of living in a low-trust one.

Rebuilding trust is not easy, as anyone who has betrayed or been betrayed by a friend or lover knows, but the path involves transparency, oversight and accountability. Transparency first involves coming clean. Not a little bit at a time, not only when you have to, but complete disclosure about everything. Then it involves continuing disclosure. No more secret rulings by secret courts about secret laws. No more secret programs whose costs and benefits remain hidden.

Oversight involves meaningful constraints on the NSA, the FBI and others. This will be a combination of things: a court system that acts as a third-party advocate for the rule of law rather than a rubber-stamp organization, a legislature that understands what these organizations are doing and regularly debates requests for increased power, and vibrant public-sector watchdog groups that analyze and debate the government’s actions.

Accountability means that those who break the law, lie to Congress or deceive the American people are held accountable. The NSA has gone rogue, and while it’s probably not possible to prosecute people for what they did under the enormous veil of secrecy it currently enjoys, we need to make it clear that this behavior will not be tolerated in the future. Accountability also means voting, which means voters need to know what our leaders are doing in our name.

This is the only way we can restore trust. A market economy doesn’t work unless consumers can make intelligent buying decisions based on accurate product information. That’s why we have agencies like the FDA, truth-in-packaging laws and prohibitions against false advertising.

We no longer know whom to trust. This is the greatest damage the NSA has done to the Internet, and will be the hardest to fix.

EDITED TO ADD (12/23): The requested removal of an NSA employee from an IETF group co-chairmanship is another manifestation of this mistrust.

Posted on December 23, 2013 at 6:26 AM • View Comments

Keeping Track of All the Snowden Documents

As more and more media outlets from all over the world continue to report on the Snowden documents, it’s harder and harder to keep track of what has been released. The EFF, ACLU, and Cryptome are all trying.

None of them is complete, I believe. Please post additions in the comments, and I will do my best to feed the information back to the compilers.

EDITED TO ADD (12/4): Here’s another compilation. And this mind map of the NSA leaks is very comprehensive.

EDITED TO ADD (12/5): Wikipedia also has an exhaustive list.

EDITED TO ADD (12/13): This is also good.

Posted on December 3, 2013 at 6:14 AM • View Comments

Surveillance as a Business Model

Google recently announced that it would start including individual users’ names and photos in some ads. This means that if you rate some product positively, your friends may see ads for that product with your name and photo attached—without your knowledge or consent. Meanwhile, Facebook is eliminating a feature that allowed people to retain some portions of their anonymity on its website.

These changes come on the heels of Google’s move to explore replacing tracking cookies with something that users have even less control over. Microsoft is doing something similar by developing its own tracking technology.

More generally, lots of companies are evading the “Do Not Track” rules, meant to give users a say in whether companies track them. Turns out the whole “Do Not Track” legislation has been a sham.

It shouldn’t come as a surprise that big technology companies are tracking us on the Internet even more aggressively than before.

If these features don’t sound particularly beneficial to you, it’s because you’re not the customer of any of these companies. You’re the product, and you’re being improved for their actual customers: their advertisers.

This is nothing new. For years, these sites and others have systematically improved their “product” by reducing user privacy. This excellent infographic, for example, illustrates how Facebook has done so over the years.

The “Do Not Track” law serves as a sterling example of how bad things are. When it was proposed, it was supposed to give users the right to demand that Internet companies not track them. Internet companies fought hard against the law, and when it was passed, they fought to ensure that it didn’t have any benefit to users. Right now, complying is entirely voluntary, meaning that no Internet company has to follow the law. If a company does, because it wants the PR benefit of seeming to take user privacy seriously, it can still track its users.

Really: if you tell a “Do Not Track”-enabled company that you don’t want to be tracked, it will stop showing you personalized ads. But your activity will be tracked—and your personal information collected, sold and used—just like everyone else’s. It’s best to think of it as a “track me in secret” law.

Of course, people don’t think of it that way. Most people aren’t fully aware of how much of their data is collected by these sites. And, as the “Do Not Track” story illustrates, Internet companies are doing their best to keep it that way.

The result is a world where our most intimate personal details are collected and stored. I used to say that Google has a more intimate picture of what I’m thinking of than my wife does. But that’s not far enough: Google has a more intimate picture than I do. The company knows exactly what I am thinking about, how much I am thinking about it, and when I stop thinking about it: all from my Google searches. And it remembers all of that forever.

As the Edward Snowden revelations continue to expose the full extent of the National Security Agency’s eavesdropping on the Internet, it has become increasingly obvious how much of that has been enabled by the corporate world’s existing eavesdropping on the Internet.

The public/private surveillance partnership is fraying, but it’s largely alive and well. The NSA didn’t build its eavesdropping system from scratch; it got itself a copy of what the corporate world was already collecting.

There are a lot of reasons why Internet surveillance is so prevalent and pervasive.

One, users like free things, and don’t realize how much value they’re giving away to get it. We know that “free” is a special price that confuses peoples’ thinking.

Google’s 2013 third quarter profits were nearly $3 billion; that profit is the difference between how much our privacy is worth and the cost of the services we receive in exchange for it.

Two, Internet companies deliberately make privacy not salient. When you log onto Facebook, you don’t think about how much personal information you’re revealing to the company; you’re chatting with your friends. When you wake up in the morning, you don’t think about how you’re going to allow a bunch of companies to track you throughout the day; you just put your cell phone in your pocket.

And three, the Internet’s winner-takes-all market means that privacy-preserving alternatives have trouble getting off the ground. How many of you know that there is a Google alternative called DuckDuckGo that doesn’t track you? Or that you can use cut-out sites to anonymize your Google queries? I have opted out of Facebook, and I know it affects my social life.

There are two types of changes that need to happen in order to fix this. First, there’s the market change. We need to become actual customers of these sites so we can use purchasing power to force them to take our privacy seriously. But that’s not enough. Because of the market failures surrounding privacy, a second change is needed. We need government regulations that protect our privacy by limiting what these sites can do with our data.

Surveillance is the business model of the Internet—Al Gore recently called it a “stalker economy.” All major websites run on advertising, and the more personal and targeted that advertising is, the more revenue the site gets for it. As long as we users remain the product, there is minimal incentive for these companies to provide any real privacy.

This essay previously appeared on CNN.com.

Posted on November 25, 2013 at 6:53 AM • View Comments

A Fraying of the Public/Private Surveillance Partnership

The public/private surveillance partnership between the NSA and corporate data collectors is starting to fray. The reason is sunlight. The publicity resulting from the Snowden documents has made companies think twice before allowing the NSA access to their users’ and customers’ data.

Pre-Snowden, there was no downside to cooperating with the NSA. If the NSA asked you for copies of all your Internet traffic, or to put backdoors into your security software, you could assume that your cooperation would forever remain secret. To be fair, not every corporation cooperated willingly. Some fought in court. But it seems that a lot of them, telcos and backbone providers especially, were happy to give the NSA unfettered access to everything. Post-Snowden, this is changing. Now that many companies’ cooperation has become public, they’re facing a PR backlash from customers and users who are upset that their data is flowing to the NSA. And this is costing those companies business.

How much is unclear. In July, right after the PRISM revelations, the Cloud Security Alliance reported that US cloud companies could lose $35 billion over the next three years, mostly due to losses of foreign sales. Surely that number has increased as outrage over NSA spying continues to build in Europe and elsewhere. There is no similar report for software sales, although I have attended private meetings where several large US software companies complained about the loss of foreign sales. On the hardware side, IBM is losing business in China. The US telecom companies are also suffering: AT&T is losing business worldwide.

This is the new reality. The rules of secrecy are different, and companies have to assume that their responses to NSA data demands will become public. This means there is now a significant cost to cooperating, and a corresponding benefit to fighting.

Over the past few months, more companies have woken up to the fact that the NSA is basically treating them as adversaries, and are responding as such. In mid-October, it became public that the NSA was collecting e-mail address books and buddy lists from Internet users logging into different service providers. Yahoo, which didn’t encrypt those user connections by default, allowed the NSA to collect much more of its data than Google, which did. That same day, Yahoo announced that it would implement SSL encryption by default for all of its users. Two weeks later, when it became public that the NSA was collecting data on Google users by eavesdropping on the company’s trunk connections between its data centers, Google announced that it would encrypt those connections.

We recently learned that Yahoo fought a government order to turn over data. Lavabit fought its order as well. Apple is now tweaking the government. And we think better of those companies because of it.

Now Lavabit, which closed down its e-mail service rather than comply with the NSA’s request for the master keys that would compromise all of its customers, has teamed with Silent Circle to develop a secure e-mail standard that is resistant to these kinds of tactics.

The Snowden documents made it clear how much the NSA relies on corporations to eavesdrop on the Internet. The NSA didn’t build a massive Internet eavesdropping system from scratch. It noticed that the corporate world was already eavesdropping on every Internet user—surveillance is the business model of the Internet, after all—and simply got copies for itself.

Now, that secret ecosystem is breaking down. Supreme Court Justice Louis Brandeis wrote about transparency, saying “Sunlight is said to be the best of disinfectants.” In this case, it seems to be working.

These developments will only help security. Remember that while Edward Snowden has given us a window into the NSA’s activities, these sorts of tactics are probably also used by other intelligence services around the world. And today’s secret NSA programs become tomorrow’s PhD theses, and the next day’s criminal hacker tools. It’s impossible to build an Internet where the good guys can eavesdrop, and the bad guys cannot. We have a choice between an Internet that is vulnerable to all attackers, or an Internet that is safe from all attackers. And a safe and secure Internet is in everyone’s best interests, including the US’s.

This essay previously appeared on TheAtlantic.com.

Posted on November 14, 2013 at 6:21 AM • View Comments

Why the Government Should Help Leakers

In the Information Age, it’s easier than ever to steal and publish data. Corporations and governments have to adjust to their secrets being exposed, regularly.

When massive amounts of government documents are leaked, journalists sift through them to determine which pieces of information are newsworthy, and confer with government agencies over what needs to be redacted.

Managing this reality is going to require that governments actively engage with members of the press who receive leaked secrets, helping them secure those secrets—even while being unable to prevent them from publishing. It might seem abhorrent to help those who are seeking to bring your secrets to light, but it’s the best way to ensure that the things that truly need to be secret remain secret, even as everything else becomes public.

The WikiLeaks cables serve as an excellent example of how a government should not deal with massive leaks of classified information.

WikiLeaks has said it asked US authorities for help in determining what should be redacted before publication of documents, although some government officials have challenged that statement. WikiLeaks’ media partners did redact many documents, but eventually all 250,000 unredacted cables were released to the world as a result of a mistake.

The damage was nowhere near as serious as government officials initially claimed, but it had been avoidable.

Fast-forward to today, and we have an even bigger trove of classified documents. What Edward Snowden took—”exfiltrated” is the National Security Agency term—dwarfs the State Department cables, and contains considerably more important secrets. But again, the US government is doing nothing to prevent a massive data dump.

The government engages with the press on individual stories. The Guardian, the Washington Post, and the New York Times are all redacting the original Snowden documents based on discussions with the government. This isn’t new. The US press regularly consults with the government before publishing something that might be damaging. In 2006, the New York Times consulted with both the NSA and the Bush administration before publishing Mark Klein’s whistle-blowing about the NSA’s eavesdropping on AT&T trunk circuits. In all these cases, the goal is to minimize actual harm to US security while ensuring the press can still report stories in the public interest, even if the government doesn’t want it to.

In today’s world of reduced secrecy, whistleblowing as civil disobedience, and massive document exfiltrations, negotiations over individual stories aren’t enough. The government needs to develop a protocol to actively help news organizations expose their secrets safely and responsibly.

Here’s what should have happened as soon as Snowden’s whistle-blowing became public. The government should have told the reporters and publications with the classified documents something like this: “OK, you have them. We know that we can’t undo the leak. But please let us help. Let us help you secure the documents as you write your stories, and securely dispose of the documents when you’re done.”

The people who have access to the Snowden documents say they don’t want them to be made public in their raw form or to get in the hands of rival governments. But accidents happen, and reporters are not trained in military secrecy practices.

Copies of some of the Snowden documents are being circulated to journalists and others. With each copy, each person, each day, there’s a greater chance that, once again, someone will make a mistake and some—or all—of the raw documents will appear on the Internet. A formal system of working with whistle-blowers could prevent that.

I’m sure the suggestion sounds odious to a government that is actively engaging in a war on whistle-blowers, and that views Snowden as a criminal and the reporters writing these stories as “helping the terrorists.” But it makes sense. Harvard law professor Jonathan Zittrain compares this to plea bargaining.

The police regularly negotiate lenient sentences or probation for confessed criminals in order to convict more important criminals. They make deals with all sorts of unsavory people, giving them benefits they don’t deserve, because the result is a greater good.

In the Snowden case, an agreement would safeguard the most important of NSA’s secrets from other nations’ intelligence agencies. It would help ensure that the truly secret information not be exposed. It would protect US interests.

Why would reporters agree to this? Two reasons. One, they actually do want these documents secured while they look for stories to publish. And two, it would be a public demonstration of that desire.

Why wouldn’t the government just collect all the documents under the pretense of securing them and then delete them? For the same reason they don’t renege on plea bargains: No one would trust them next time. And, of course, because smart reporters will probably keep encrypted backups under their own control.

We’re nowhere near the point where this system could be put into practice, but it’s worth thinking about how it could work. The government would need to establish a semi-independent group, called, say, a Leak Management unit, which could act as an intermediary. Since it would be isolated from the agencies that were the source of the leak, its officials would be less vested and—this is important—less angry over the leak. Over time, it would build a reputation, develop protocols that reporters could rely on. Leaks will be more common in the future, but they’ll still be rare. Expecting each agency to develop expertise in this process is unrealistic.

If there were sufficient trust between the press and the government, this could work. And everyone would benefit.

This essay previously appeared on CNN.com.

Posted on November 8, 2013 at 6:58 AM • View Comments

1 … 7 8 9 10 11 … 15

Sidebar photo of Bruce Schneier by Joe MacInnis.