Entries Tagged "essays"

Page 25 of 48

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 AMView Comments

The Problems with CALEA-II

The FBI wants a new law that will make it easier to wiretap the Internet. Although its claim is that the new law will only maintain the status quo, it’s really much worse than that. This law will result in less-secure Internet products and create a foreign industry in more-secure alternatives. It will impose costly burdens on affected companies. It will assist totalitarian governments in spying on their own citizens. And it won’t do much to hinder actual criminals and terrorists.

As the FBI sees it, the problem is that people are moving away from traditional communication systems like telephones onto computer systems like Skype. Eavesdropping on telephones used to be easy. The FBI would call the phone company, which would bring agents into a switching room and allow them to literally tap the wires with a pair of alligator clips and a tape recorder. In the 1990s, the government forced phone companies to provide an analogous capability on digital switches; but today, more and more communications happens over the Internet.

What the FBI wants is the ability to eavesdrop on everything. Depending on the system, this ranges from easy to impossible. E-mail systems like Gmail are easy. The mail resides in Google’s servers, and the company has an office full of people who respond to requests for lawful access to individual accounts from governments all over the world. Encrypted voice systems like Silent Circle are impossible to eavesdrop on—the calls are encrypted from one computer to the other, and there’s no central node to eavesdrop from. In those cases, the only way to make the system eavesdroppable is to add a backdoor to the user software. This is precisely the FBI’s proposal. Companies that refuse to comply would be fined $25,000 a day.

The FBI believes it can have it both ways: that it can open systems to its eavesdropping, but keep them secure from anyone else’s eavesdropping. That’s just not possible. It’s impossible to build a communications system that allows the FBI surreptitious access but doesn’t allow similar access by others. When it comes to security, we have two options: We can build our systems to be as secure as possible from eavesdropping, or we can deliberately weaken their security. We have to choose one or the other.

This is an old debate, and one we’ve been through many times. The NSA even has a name for it: the equities issue. In the 1980s, the equities debate was about export control of cryptography. The government deliberately weakened U.S. cryptography products because it didn’t want foreign groups to have access to secure systems. Two things resulted: fewer Internet products with cryptography, to the insecurity of everybody, and a vibrant foreign security industry based on the unofficial slogan “Don’t buy the U.S. stuff—it’s lousy.”

In 1993, the debate was about the Clipper Chip. This was another deliberately weakened security product, an encrypted telephone. The FBI convinced AT&T to add a backdoor that allowed for surreptitious wiretapping. The product was a complete failure. Again, why would anyone buy a deliberately weakened security system?

In 1994, the Communications Assistance for Law Enforcement Act mandated that U.S. companies build eavesdropping capabilities into phone switches. These were sold internationally; some countries liked having the ability to spy on their citizens. Of course, so did criminals, and there were public scandals in Greece (2005) and Italy (2006) as a result.

In 2012, we learned that every phone switch sold to the Department of Defense had security vulnerabilities in its surveillance system. And just this May, we learned that Chinese hackers breached Google’s system for providing surveillance data for the FBI.

The new FBI proposal will fail in all these ways and more. The bad guys will be able to get around the eavesdropping capability, either by building their own security systems—not very difficult—or buying the more-secure foreign products that will inevitably be made available. Most of the good guys, who don’t understand the risks or the technology, will not know enough to bother and will be less secure. The eavesdropping functions will 1) result in more obscure—and less secure—product designs, and 2) be vulnerable to exploitation by criminals, spies, and everyone else. U.S. companies will be forced to compete at a disadvantage; smart customers won’t buy the substandard stuff when there are more-secure foreign alternatives. Even worse, there are lots of foreign governments who want to use these sorts of systems to spy on their own citizens. Do we really want to be exporting surveillance technology to the likes of China, Syria, and Saudi Arabia?

The FBI’s shortsighted agenda also works against the parts of the government that are still working to secure the Internet for everyone. Initiatives within the NSA, the DOD, and DHS to do everything from securing computer operating systems to enabling anonymous web browsing will all be harmed by this.

What to do, then? The FBI claims that the Internet is “going dark,” and that it’s simply trying to maintain the status quo of being able to eavesdrop. This characterization is disingenuous at best. We are entering a golden age of surveillance; there’s more electronic communications available for eavesdropping than ever before, including whole new classes of information: location tracking, financial tracking, and vast databases of historical communications such as e-mails and text messages. The FBI’s surveillance department has it better than ever. With regard to voice communications, yes, software phone calls will be harder to eavesdrop upon. (Although there are questions about Skype’s security.) That’s just part of the evolution of technology, and one that on balance is a positive thing.

Think of it this way: We don’t hand the government copies of our house keys and safe combinations. If agents want access, they get a warrant and then pick the locks or bust open the doors, just as a criminal would do. A similar system would work on computers. The FBI, with its increasingly non-transparent procedures and systems, has failed to make the case that this isn’t good enough.

Finally there’s a general principle at work that’s worth explicitly stating. All tools can be used by the good guys and the bad guys. Cars have enormous societal value, even though bank robbers can use them as getaway cars. Cash is no different. Both good guys and bad guys send e-mails, use Skype, and eat at all-night restaurants. But because society consists overwhelmingly of good guys, the good uses of these dual-use technologies greatly outweigh the bad uses. Strong Internet security makes us all safer, even though it helps the bad guys as well. And it makes no sense to harm all of us in an attempt to harm a small subset of us.

This essay originally appeared in Foreign Policy.

Posted on June 4, 2013 at 12:44 PMView Comments

The Politics of Security in a Democracy

Terrorism causes fear, and we overreact to that fear. Our brains aren’t very good at probability and risk analysis. We tend to exaggerate spectacular, strange and rare events, and downplay ordinary, familiar and common ones. We think rare risks are more common than they are, and we fear them more than probability indicates we should.

Our leaders are just as prone to this overreaction as we are. But aside from basic psychology, there are other reasons that it’s smart politics to exaggerate terrorist threats, and security threats in general.

The first is that we respond to a strong leader. Bill Clinton famously said: “When people feel uncertain, they’d rather have somebody that’s strong and wrong than somebody who’s weak and right.” He’s right.

The second is that doing something—anything—is good politics. A politician wants to be seen as taking charge, demanding answers, fixing things. It just doesn’t look as good to sit back and claim that there’s nothing to do. The logic is along the lines of: “Something must be done. This is something. Therefore, we must do it.”

The third is that the “fear preacher” wins, regardless of the outcome. Imagine two politicians today. One of them preaches fear and draconian security measures. The other is someone like me, who tells people that terrorism is a negligible risk, that risk is part of life, and that while some security is necessary, we should mostly just refuse to be terrorized and get on with our lives.

Fast-forward 10 years. If I’m right and there have been no more terrorist attacks, the fear preacher takes credit for keeping us safe. But if a terrorist attack has occurred, my government career is over. Even if the incidence of terrorism is as ridiculously low as it is today, there’s no benefit for a politician to take my side of that gamble.

The fourth and final reason is money. Every new security technology, from surveillance cameras to high-tech fusion centers to airport full-body scanners, has a for-profit corporation lobbying for its purchase and use. Given the three other reasons above, it’s easy—and probably profitable—for a politician to make them happy and say yes.

For any given politician, the implications of these four reasons are straightforward. Overestimating the threat is better than underestimating it. Doing something about the threat is better than doing nothing. Doing something that is explicitly reactive is better than being proactive. (If you’re proactive and you’re wrong, you’ve wasted money. If you’re proactive and you’re right but no longer in power, whoever is in power is going to get the credit for what you did.) Visible is better than invisible. Creating something new is better than fixing something old.

Those last two maxims are why it’s better for a politician to fund a terrorist fusion center than to pay for more Arabic translators for the National Security Agency. No one’s going to see the additional appropriation in the NSA’s secret budget. On the other hand, a high-tech computerized fusion center is going to make front page news, even if it doesn’t actually do anything useful.

This leads to another phenomenon about security and government. Once a security system is in place, it can be very hard to dislodge it. Imagine a politician who objects to some aspect of airport security: the liquid ban, the shoe removal, something. If he pushes to relax security, he gets the blame if something bad happens as a result. No one wants to roll back a police power and have the lack of that power cause a well-publicized death, even if it’s a one-in-a-billion fluke.

We’re seeing this force at work in the bloated terrorist no-fly and watch lists; agents have lots of incentive to put someone on the list, but absolutely no incentive to take anyone off. We’re also seeing this in the Transportation Security Administration’s attempt to reverse the ban on small blades on airplanes. Twice it tried to make the change, and twice fearful politicians prevented it from going through with it.

Lots of unneeded and ineffective security measures are perpetrated by a government bureaucracy that is primarily concerned about the security of its members’ careers. They know the voters are more likely to punish them more if they fail to secure against a repetition of the last attack, and less if they fail to anticipate the next one.

What can we do? Well, the first step toward solving a problem is recognizing that you have one. These are not iron-clad rules; they’re tendencies. If we can keep these tendencies and their causes in mind, we’re more likely to end up with sensible security measures that are commensurate with the threat, instead of a lot of security theater and draconian police powers that are not.

Our leaders’ job is to resist these tendencies. Our job is to support politicians who do resist.

This essay originally appeared on CNN.com.

EDITED TO ADD (6/4): This essay has been translated into Swedish.

EDITED TO ADD (6/14): A similar essay, on the politics of terrorism defense.

Posted on May 28, 2013 at 5:09 AMView Comments

Surveillance and the Internet of Things

The Internet has turned into a massive surveillance tool. We’re constantly monitored on the Internet by hundreds of companies—both familiar and unfamiliar. Everything we do there is recorded, collected, and collated—sometimes by corporations wanting to sell us stuff and sometimes by governments wanting to keep an eye on us.

Ephemeral conversation is over. Wholesale surveillance is the norm. Maintaining privacy from these powerful entities is basically impossible, and any illusion of privacy we maintain is based either on ignorance or on our unwillingness to accept what’s really going on.

It’s about to get worse, though. Companies such as Google may know more about your personal interests than your spouse, but so far it’s been limited by the fact that these companies only see computer data. And even though your computer habits are increasingly being linked to your offline behavior, it’s still only behavior that involves computers.

The Internet of Things refers to a world where much more than our computers and cell phones is Internet-enabled. Soon there will be Internet-connected modules on our cars and home appliances. Internet-enabled medical devices will collect real-time health data about us. There’ll be Internet-connected tags on our clothing. In its extreme, everything can be connected to the Internet. It’s really just a matter of time, as these self-powered wireless-enabled computers become smaller and cheaper.

Lots has been written about theInternet of Things” and how it will change society for the better. It’s true that it will make a lot of wonderful things possible, but the “Internet of Things” will also allow for an even greater amount of surveillance than there is today. The Internet of Things gives the governments and corporations that follow our every move something they don’t yet have: eyes and ears.

Soon everything we do, both online and offline, will be recorded and stored forever. The only question remaining is who will have access to all of this information, and under what rules.

We’re seeing an initial glimmer of this from how location sensors on your mobile phone are being used to track you. Of course your cell provider needs to know where you are; it can’t route your phone calls to your phone otherwise. But most of us broadcast our location information to many other companies whose apps we’ve installed on our phone. Google Maps certainly, but also a surprising number of app vendors who collect that information. It can be used to determine where you live, where you work, and who you spend time with.

Another early adopter was Nike, whose Nike+ shoes communicate with your iPod or iPhone and track your exercising. More generally, medical devices are starting to be Internet-enabled, collecting and reporting a variety of health data. Wiring appliances to the Internet is one of the pillars of the smart electric grid. Yes, there are huge potential savings associated with the smart grid, but it will also allow power companies – and anyone they decide to sell the data to—to monitor how people move about their house and how they spend their time.

Drones are another “thing” moving onto the Internet. As their price continues to drop and their capabilities increase, they will become a very powerful surveillance tool. Their cameras are powerful enough to see faces clearly, and there are enough tagged photographs on the Internet to identify many of us. We’re not yet up to a real-time Google Earth equivalent, but it’s not more than a few years away. And drones are just a specific application of CCTV cameras, which have been monitoring us for years, and will increasingly be networked.

Google’s Internet-enabled glasses—Google Glass—are another major step down this path of surveillance. Their ability to record both audio and video will bring ubiquitous surveillance to the next level. Once they’re common, you might never know when you’re being recorded in both audio and video. You might as well assume that everything you do and say will be recorded and saved forever.

In the near term, at least, the sheer volume of data will limit the sorts of conclusions that can be drawn. The invasiveness of these technologies depends on asking the right questions. For example, if a private investigator is watching you in the physical world, she or he might observe odd behavior and investigate further based on that. Such serendipitous observations are harder to achieve when you’re filtering databases based on pre-programmed queries. In other words, it’s easier to ask questions about what you purchased and where you were than to ask what you did with your purchases and why you went where you did. These analytical limitations also mean that companies like Google and Facebook will benefit more from the Internet of Things than individuals—not only because they have access to more data, but also because they have more sophisticated query technology. And as technology continues to improve, the ability to automatically analyze this massive data stream will improve.

In the longer term, the Internet of Things means ubiquitous surveillance. If an object “knows” you have purchased it, and communicates via either Wi-Fi or the mobile network, then whoever or whatever it is communicating with will know where you are. Your car will know who is in it, who is driving, and what traffic laws that driver is following or ignoring. No need to show ID; your identity will already be known. Store clerks could know your name, address, and income level as soon as you walk through the door. Billboards will tailor ads to you, and record how you respond to them. Fast food restaurants will know what you usually order, and exactly how to entice you to order more. Lots of companies will know whom you spend your days—and nights—with. Facebook will know about any new relationship status before you bother to change it on your profile. And all of this information will all be saved, correlated, and studied. Even now, it feels a lot like science fiction.

Will you know any of this? Will your friends? It depends. Lots of these devices have, and will have, privacy settings. But these settings are remarkable not in how much privacy they afford, but in how much they deny. Access will likely be similar to your browsing habits, your files stored on Dropbox, your searches on Google, and your text messages from your phone. All of your data is saved by those companies—and many others—correlated, and then bought and sold without your knowledge or consent. You’d think that your privacy settings would keep random strangers from learning everything about you, but it only keeps random strangers who don’t pay for the privilege—or don’t work for the government and have the ability to demand the data. Power is what matters here: you’ll be able to keep the powerless from invading your privacy, but you’ll have no ability to prevent the powerful from doing it again and again.

This essay originally appeared on the Guardian.

EDITED TO ADD (6/14): Another article on the subject.

Posted on May 21, 2013 at 6:15 AMView Comments

Initial Thoughts on the Boston Bombings

I rewrote my “refuse to be terrorized” essay for the Atlantic. David Rothkopf (author of the great book Power, Inc.) wrote something similar, and so did John Cole.

It’s interesting to see how much more resonance this idea has today than it did a dozen years ago. If other people have written similar essays, please post links in the comments.

EDITED TO ADD (4/16): Two good essays.

EDITED TO ADD (4/16): I did a Q&A on the Washington Post blog. And—I can hardly believe it—President Obama said “the American people refuse to be terrorized” in a press briefing today.

EDITED TO ADD (4/16): I did a podcast interview and another press interview.

EDITED TO ADD (4/16): This, on the other hand, is pitiful.

EDITED TO ADD (4/17): Another audio interview with me.

EDITED TO ADD (4/19): I have done a lot of press this week. Here’s a link to a “To the Point” segment, and two Huffington Post Live segments. I was on The Steve Malzberg Show, which I didn’t realize was shouting conservative talk radio until it was too late.

EDITED TO ADD (4/20): That Atlantic essay had 40,000 Facebook likes and 6800 Tweets. The editor told me it had about 360,000 hits. That makes it the most popular piece I’ve ever written.

EDITED TO ADD (5/14): More links here.

Posted on April 16, 2013 at 9:19 AMView Comments

IT for Oppression

Whether it’s Syria using Facebook to help identify and arrest dissidents or China using its “Great Firewall” to limit access to international news throughout the country, repressive regimes all over the world are using the Internet to more efficiently implement surveillance, censorship, propaganda, and control. They’re getting really good at it, and the IT industry is helping. We’re helping by creating business applications—categories of applications, really—that are being repurposed by oppressive governments for their own use:

  • What is called censorship when practiced by a government is content filtering when practiced by an organization. Many companies want to keep their employees from viewing porn or updating their Facebook pages while at work. In the other direction, data loss prevention software keeps employees from sending proprietary corporate information outside the network and also serves as a censorship tool. Governments can use these products for their own ends.
  • Propaganda is really just another name for marketing. All sorts of companies offer social media-based marketing services designed to fool consumers into believing there is "buzz" around a product or brand. The only thing different in a government propaganda campaign is the content of the messages.
  • Surveillance is necessary for personalized marketing, the primary profit stream of the Internet. Companies have built massive Internet surveillance systems designed to track users’ behavior all over the Internet and closely monitor their habits. These systems track not only individuals but also relationships between individuals, to deduce their interests so as to advertise to them more effectively. It’s a totalitarian’s dream.
  • Control is how companies protect their business models by limiting what people can do with their computers. These same technologies can easily be co-opted by governments that want to ensure that only certain computer programs are run inside their countries or that their citizens never see particular news programs.

Technology magnifies power, and there’s no technical difference between a government and a corporation wielding it. This is how commercial security equipment from companies like BlueCoat and Sophos end up being used by the Syrian and other oppressive governments to surveil—in order to arrest—and censor their citizens. This is how the same face-recognition technology that Disney uses in its theme parks ends up identifying protesters in China and Occupy Wall Street protesters in New York.

There are no easy technical solutions, especially because these four applications—censorship, propaganda, surveillance, and control—are intertwined; it can be hard to affect one without also affecting the others. Anonymity helps prevent surveillance, but it also makes propaganda easier. Systems that block propaganda can facilitate censorship. And giving users the ability to run untrusted software on their computers makes it easier for governments—and criminals—to install spyware.

We need more research into how to circumvent these technologies, but it’s a hard sell to both the corporations and governments that rely on them. For example, law enforcement in the US wants drones that can identify and track people, even as we decry China’s use of the same technology. Indeed, the battleground is often economic and political rather than technical; sometimes circumvention research is itself illegal.

The social issues are large. Power is using the Internet to increase its power, and we haven’t yet figured out how to correct the imbalances among government, corporate, and individual interests in our digital world. Cyberspace is still waiting for its Gandhi, its Martin Luther King, and a convincing path from the present to a better future.

This essay previously appeared in IEEE Computers & Society.

Posted on April 3, 2013 at 7:29 AMView Comments

When Technology Overtakes Security

A core, not side, effect of technology is its ability to magnify power and multiply force—for both attackers and defenders. One side creates ceramic handguns, laser-guided missiles, and new-identity theft techniques, while the other side creates anti-missile defense systems, fingerprint databases, and automatic facial recognition systems.

The problem is that it’s not balanced: Attackers generally benefit from new security technologies before defenders do. They have a first-mover advantage. They’re more nimble and adaptable than defensive institutions like police forces. They’re not limited by bureaucracy, laws, or ethics. They can evolve faster. And entropy is on their side—it’s easier to destroy something than it is to prevent, defend against, or recover from that destruction.

For the most part, though, society still wins. The bad guys simply can’t do enough damage to destroy the underlying social system. The question for us is: can society still maintain security as technology becomes more advanced?

I don’t think it can.

Because the damage attackers can cause becomes greater as technology becomes more powerful. Guns become more harmful, explosions become bigger, malware becomes more pernicious…and so on. A single attacker, or small group of attackers, can cause more destruction than ever before.

This is exactly why the whole post-9/11 weapons-of-mass-destruction debate was so overwrought: Terrorists are scary, terrorists flying airplanes into buildings are even scarier, and the thought of a terrorist with a nuclear bomb is absolutely terrifying.

As the destructive power of individual actors and fringe groups increases, so do the calls for—and society’s acceptance of—increased security.

Traditional security largely works "after the fact". We tend not to ban or restrict the objects that can do harm; instead, we punish the people who do harm with objects. There are exceptions, of course, but they’re exactly that: exceptions. This system works as long as society can tolerate the destructive effects of those objects (for example, allowing people to own baseball bats and arresting them after they use them in a riot is only viable if society can tolerate the potential for riots).

When that isn’t enough, we resort to "before-the-fact" security measures. These come in two basic varieties: general surveillance of people in an effort to stop them before they do damage, and specific interdictions in an effort to stop people from using those technologies to do damage.

But these measures work better at keeping dangerous technologies out of the hands of amateurs than at keeping them out of the hands of professionals.

And in the global interconnected world we live in, they’re not anywhere close to foolproof. Still, a climate of fear causes governments to try. Lots of technologies are already restricted: entire classes of drugs, entire classes of munitions, explosive materials, biological agents. There are age restrictions on vehicles and training restrictions on complex systems like aircraft. We’re already almost entirely living in a surveillance state, though we don’t realize it or won’t admit it to ourselves. This will only get worse as technology advances… today’s Ph.D. theses are tomorrow’s high-school science-fair projects.

Increasingly, broad prohibitions on technologies, constant ubiquitous surveillance, and Minority Report-like preemptive security will become the norm. We can debate the effectiveness of various security measures in different circumstances. But the problem isn’t that these security measures won’t work—even as they shred our freedoms and liberties—it’s that no security is perfect.

Because sooner or later, the technology will exist for a hobbyist to explode a nuclear weapon, print a lethal virus from a bio-printer, or turn our electronic infrastructure into a vehicle for large-scale murder. We’ll have the technology eventually to annihilate ourselves in great numbers, and sometime after, that technology will become cheap enough to be easy.

As it gets easier for one member of a group to destroy the entire group, and the group size gets larger, the odds of someone in the group doing it approaches certainty. Our global interconnectedness means that our group size encompasses everyone on the planet, and since government hasn’t kept up, we have to worry about the weakest-controlled member of the weakest-controlled country. Is this a fundamental limitation of technological advancement, one that could end civilization? First our fears grip us so strongly that, thinking about the short term, we willingly embrace a police state in a desperate attempt to keep us safe; then, someone goes off and destroys us anyway?

If security won’t work in the end, what is the solution?

Resilience—building systems able to survive unexpected and devastating attacks—is the best answer we have right now. We need to recognize that large-scale attacks will happen, that society can survive more than we give it credit for, and that we can design systems to survive these sorts of attacks. Calling terrorism an existential threat is ridiculous in a country where more people die each month in car crashes than died in the 9/11 terrorist attacks.

If the U.S. can survive the destruction of an entire city—witness New Orleans after Hurricane Katrina or even New York after Sandy—we need to start acting like it, and planning for it. Still, it’s hard to see how resilience buys us anything but additional time. Technology will continue to advance, and right now we don’t know how to adapt any defenses—including resilience—fast enough.

We need a more flexible and rationally reactive approach to these problems and new regimes of trust for our information-interconnected world. We’re going to have to figure this out if we want to survive, and I’m not sure how many decades we have left.

This essay originally appeared on Wired.com.

Commentary.

Posted on March 21, 2013 at 7:02 AMView Comments

Nationalism on the Internet

For technology that was supposed to ignore borders, bring the world closer together, and sidestep the influence of national governments, the Internet is fostering an awful lot of nationalism right now. We’ve started to see increased concern about the country of origin of IT products and services; U.S. companies are worried about hardware from China; European companies are worried about cloud services in the U.S; no one is sure whether to trust hardware and software from Israel; Russia and China might each be building their own operating systems out of concern about using foreign ones.

I see this as an effect of all the cyberwar saber-rattling that’s going on right now. The major nations of the world are in the early years of a cyberwar arms race, and we’re all being hurt by the collateral damage.

A commentator on Al Jazeera makes a similar point.

Our nationalist worries have recently been fueled by a media frenzy surrounding attacks from China. These attacks aren’t new—cyber-security experts have been writing about them for at least a decade, and the popular media reported about similar attacks in 2009 and again in 2010—and the current allegations aren’t even very different than what came before. This isn’t to say that the Chinese attacks aren’t serious. The country’s espionage campaign is sophisticated, and ongoing. And because they’re in the news, people are understandably worried about them.

But it’s not just China. International espionage works in both directions, and I’m sure we are giving just as good as we’re getting. China is certainly worried about the U.S. Cyber Command’s recent announcement that it was expanding from 900 people to almost 5,000, and the NSA’s massive new data center in Utah. The U.S. even admits that it can spy on non-U.S. citizens freely.

The fact is that governments and militaries have discovered the Internet; everyone is spying on everyone else, and countries are ratcheting up offensive actions against other countries.

At the same time, many nations are demanding more control over the Internet within their own borders. They reserve the right to spy and censor, and to limit the ability of others to do the same. This idea is now being called the “cyber sovereignty movement,” and gained traction at the International Telecommunications Union meeting last December in Dubai. One analyst called that meeting the “Internet Yalta,” where the Internet split between liberal-democratic and authoritarian countries. I don’t think he’s exaggerating.

Not that this is new, either. Remember 2010, when the governments of the UAE, Saudi Arabia, and India demanded that RIM give them the ability to spy on BlackBerry PDAs within their borders? Or last year, when Syria used the Internet to surveil its dissidents? Information technology is a surprisingly powerful tool for oppression: not just surveillance, but censorship and propaganda as well. And countries are getting better at using that tool.

But remember: none of this is cyberwar. It’s all espionage, something that’s been going on between countries ever since countries were invented. What moves public opinion is less the facts and more the rhetoric, and the rhetoric of war is what we’re hearing.

The result of all this saber-rattling is a severe loss of trust, not just amongst nation-states but between people and nation-states. We know we’re nothing more than pawns in this game, and we figure we’ll be better off sticking with our own country.

Unfortunately, both the reality and the rhetoric play right into the hands of the military and corporate interests that are behind the cyberwar arms race in the first place. There is an enormous amount of power at stake here: not only power within governments and militaries, but power and profit amongst the corporations that supply the tools and infrastructure for cyber-attack and cyber-defense. The more we believe we are “at war” and believe the jingoistic rhetoric, the more willing we are to give up our privacy, freedoms, and control over how the Internet is run.

Arms races are fueled by two things: ignorance and fear. We don’t know the capabilities of the other side, and we fear that they are more capable than we are. So we spend more, just in case. The other side, of course, does the same. That spending will result in more cyber weapons for attack and more cyber-surveillance for defense. It will result in more government control over the protocols of the Internet, and less free-market innovation over the same. At its worst, we might be about to enter an information-age Cold War: one with more than two “superpowers.” Aside from this being a bad future for the Internet, this is inherently destabilizing. It’s just too easy for this amount of antagonistic power and advanced weaponry to get used: for a mistaken attribution to be reacted to with a counterattack, for a misunderstanding to become a cause for offensive action, or for a minor skirmish to escalate into a full-fledged cyberwar.

Nationalism is rife on the Internet, and it’s getting worse. We need to damp down the rhetoric and-more importantly-stop believing the propaganda from those who profit from this Internet nationalism. Those who are beating the drums of cyberwar don’t have the best interests of society, or the Internet, at heart.

This essay previously appeared at Technology Review.

Posted on March 14, 2013 at 6:11 AMView Comments

The Court of Public Opinion

Recently, Elon Musk and the New York Times took to Twitter and the Internet to argue the data—and their grievances—over a failed road test and car review. Meanwhile, an Applebee’s server is part of a Change.org petition to get her job back after posting a pastor’s no-tip receipt comment online. And when he wasn’t paid quickly enough, a local Fitness SF web developer rewrote the company’s webpage to air his complaint.

All of these “cases” are seeking their judgments in the court of public opinion. The court of public opinion has a full docket; even brick-and-mortar establishments aren’t immune.

More and more individuals—and companies—are augmenting, even bypassing entirely, traditional legal process hoping to get a more favorable hearing in public.

Every day we have to interact with thousands of strangers, from people we pass on the street to people who touch our food to people we enter short-term business relationships with. Even though most of us don’t have the ability to protect our interests with physical force, we can all be confident when dealing with these strangers because—at least in part—we trust that the legal system will intervene on our behalf in case of a problem. Sometimes that problem involves people who break the rules of society, and the criminal courts deal with them; when the problem is a disagreement between two parties, the civil courts will. Courts are an ancient system of justice, and modern society cannot function without them.

What matters in this system are the facts and the laws. Courts are intended to be impartial and fair in doling out their justice, and societies flourish based on the extent to which we approach this ideal. When courts are unfair—when judges can be bribed, when the powerful are treated better, when more expensive lawyers produce more favorable outcomes—society is harmed. We become more fearful and less able to trust each other. We are less willing to enter into agreement with strangers, and we spend more effort protecting our own because we don’t believe the system is there to back us up.

The court of public opinion is an alternative system of justice. It’s very different from the traditional court system: This court is based on reputation, revenge, public shaming, and the whims of the crowd. Having a good story is more important than having the law on your side. Being a sympathetic underdog is more important than being fair. Facts matter, but there are no standards of accuracy. The speed of the Internet exacerbates this; a good story spreads faster than a bunch of facts.

This court delivers reputational justice. Arguments are measured in relation to reputation. If one party makes a claim against another that seems plausible, based on both of their reputations, then that claim is likely to be received favorably. If someone makes a claim that clashes with the reputations of the parties, then it’s likely to be disbelieved. Reputation is, of course, a commodity, and loss of reputation is the penalty this court imposes. In that respect, it less often recompenses the injured party and more often exacts revenge or retribution. And while those losses may be brutal, the effects are usually short-lived.

The court of public opinion has significant limitations. It works better for revenge and justice than for dispute resolution. It can punish a company for unfairly firing one of its employees or lying in an automobile test drive, but it’s less effective at unraveling a complicated patent litigation or navigating a bankruptcy proceeding.

In many ways, this is a return to a medieval notion of “fama,” or reputation. In other ways, it’s like mob justice: sometimes benign and beneficial, sometimes terrible (think French Revolution). Trial by public opinion isn’t new; remember Rodney King and O.J. Simpson?

Mass media has enabled this system for centuries. But the Internet, and social media in particular, has changed how it’s being used.

Now it’s being used more deliberately, more often, by more and more powerful entities as a redress mechanism. Perhaps because it’s perceived to be more efficient or perhaps because one of the parties feels they can get a more favorable hearing in this new court, but it’s being used instead of lawsuits. Instead of a sideshow to actual legal proceedings, it is turning into an alternate system of dispute resolution and justice.

Part of this trend is because the Internet makes taking a case in front of the court of public opinion so much easier. It used to be that the injured party had to convince a traditional media outlet to make his case public; now he can take his case directly to the people. And while it’s still a surprise when some cases go viral while others languish in obscurity, it’s simply more effective to present your case on Facebook or Twitter.

Another reason is that the traditional court system is increasingly viewed as unfair. Today, money can buy justice: not by directly bribing judges, but by hiring better lawyers and forcing the other side to spend more money than they are able to. We know that the courts treat the rich and the poor differently, that corporations can get away with crimes individuals cannot, and that the powerful can lobby to get the specific laws and regulations they want—irrespective of any notions of fairness.

Smart companies have already prepared for battles in the court of public opinion. They’ve hired policy experts. They’ve hired firms to monitor Facebook, Twitter, and other Internet venues where these battles originate. They have response strategies and communications plans in place. They’ve recognized that while this court is very different from the traditional legal system, money and power does count and that there are ways to tip the outcomes in their favor: For example, fake grassroots movements can be just as effective on the Internet as they can in the offline world.

It’s time we recognize the court of public opinion for what it is—an alternative crowd-enabled system of justice. We need to start discussing its merits and flaws; we need to understand when it results in justice, and how it can be manipulated by the powerful. We also need to have a frank conversation about the failings of the traditional justice scheme, and why people are motivated to take their grievances to the public. Despite 24-hour PR firms and incident-response plans, this is a court where corporations and governments are at an inherent disadvantage. And because the weak will continue to run ahead of the powerful, those in power will prefer to use the more traditional mechanisms of government: police, courts, and laws.

Social-media researcher danah boyd had it right when she wrote in Wired: “In a networked society, who among us gets to decide where the moral boundaries lie? This isn’t an easy question and it’s at the root of how we, as a society, conceptualize justice.” It’s not an easy question, but it’s the key question. The moral and ethical issues surrounding the court of public opinion are the real ones, and ones that society will have to tackle in the decades to come.

This essay originally appeared on Wired.com.

Posted on February 28, 2013 at 2:40 PMView Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.