How to Avoid Getting Arrested
The tips are more psychological than security.
EDITED TO ADD (12/13): A rebuttal and discussion.
Entries Tagged "law enforcement"
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A Template for Reporting Government Surveillance News Stories
This is from 2006—I blogged it here—but it’s even more true today.
Under a top secret program initiated by the Bush Administration after the Sept. 11 attacks, the [name of agency (FBI, CIA, NSA, etc.)] have been gathering a vast database of [type of records] involving United States citizens.
“This program is a vital tool in the fight against terrorism,” [Bush Administration official] said. “Without it, we would be dangerously unsafe, and the terrorists would have probably killed you and every other American citizen.” The Bush Administration stated that the revelation of this program has severely compromised national security.
We’ve changed administrations—we’ve changed political parties—but nothing has changed.
Susan Landau Article on the Snowden Documents
Really good article by Susan Landau on the Snowden documents and what they mean.
The NSA is Commandeering the Internet
It turns out that the NSA’s domestic and world-wide surveillance apparatus is even more extensive than we thought. Bluntly: The government has commandeered the Internet. Most of the largest Internet companies provide information to the NSA, betraying their users. Some, as we’ve learned, fight and lose. Others cooperate, either out of patriotism or because they believe it’s easier that way.
I have one message to the executives of those companies: fight.
Do you remember those old spy movies, when the higher ups in government decide that the mission is more important than the spy’s life? It’s going to be the same way with you. You might think that your friendly relationship with the government means that they’re going to protect you, but they won’t. The NSA doesn’t care about you or your customers, and will burn you the moment it’s convenient to do so.
We’re already starting to see that. Google, Yahoo, Microsoft and others are pleading with the government to allow them to explain details of what information they provided in response to National Security Letters and other government demands. They’ve lost the trust of their customers, and explaining what they do—and don’t do—is how to get it back. The government has refused; they don’t care.
It will be the same with you. There are lots more high-tech companies who have cooperated with the government. Most of those company names are somewhere in the thousands of documents that Edward Snowden took with him, and sooner or later they’ll be released to the public. The NSA probably told you that your cooperation would forever remain secret, but they’re sloppy. They’ll put your company name on presentations delivered to thousands of people: government employees, contractors, probably even foreign nationals. If Snowden doesn’t have a copy, the next whistleblower will.
This is why you have to fight. When it becomes public that the NSA has been hoovering up all of your users’ communications and personal files, what’s going to save you in the eyes of those users is whether or not you fought. Fighting will cost you money in the short term, but capitulating will cost you more in the long term.
Already companies are taking their data and communications out of the US.
The extreme case of fighting is shutting down entirely. The secure e-mail service Lavabit did that last week, abruptly. Ladar Levison, that site’s owner, wrote on his homepage: “I have been forced to make a difficult decision: to become complicit in crimes against the American people or walk away from nearly ten years of hard work by shutting down Lavabit. After significant soul searching, I have decided to suspend operations. I wish that I could legally share with you the events that led to my decision.”
The same day, Silent Circle followed suit, shutting down their e-mail service in advance of any government strong-arm tactics: “We see the writing the wall, and we have decided that it is best for us to shut down Silent Mail now. We have not received subpoenas, warrants, security letters, or anything else by any government, and this is why we are acting now.” I realize that this is extreme. Both of those companies can do it because they’re small. Google or Facebook couldn’t possibly shut themselves off rather than cooperate with the government. They’re too large; they’re public. They have to do what’s economically rational, not what’s moral.
But they can fight. You, an executive in one of those companies, can fight. You’ll probably lose, but you need to take the stand. And you might win. It’s time we called the government’s actions what they really are: commandeering. Commandeering is a practice we’re used to in wartime, where commercial ships are taken for military use, or production lines are converted to military production. But now it’s happening in peacetime. Vast swaths of the Internet are being commandeered to support this surveillance state.
If this is happening to your company, do what you can to isolate the actions. Do you have employees with security clearances who can’t tell you what they’re doing? Cut off all automatic lines of communication with them, and make sure that only specific, required, authorized acts are being taken on behalf of government. Only then can you look your customers and the public in the face and say that you don’t know what is going on—that your company has been commandeered.
Journalism professor Jeff Jarvis recently wrote in the Guardian: “Technology companies: now is the moment when you must answer for us, your users, whether you are collaborators in the US government’s efforts to ‘collect it all—our every move on the internet—or whether you, too, are victims of its overreach.”
So while I’m sure it’s cool to have a secret White House meeting with President Obama—I’m talking to you, Google, Apple, AT&T, and whoever else was in the room—resist. Attend the meeting, but fight the secrecy. Whose side are you on?
The NSA isn’t going to remain above the law forever. Already public opinion is changing, against the government and their corporate collaborators. If you want to keep your users’ trust, demonstrate that you were on their side.
This essay originally appeared on TheAtlantic.com.
Slashdot thread. And a good interview with Lavabit’s founder.
Book Review: Rise of the Warrior Cop
Rise of the Warrior Cop: The Militarization of America’s Police Forces, by Radley Balko, PublicAffairs, 2013, 400 pages.
War as a rhetorical concept is firmly embedded in American culture. Over the past several decades, federal and local law enforcement has been enlisted in a war on crime, a war on drugs and a war on terror. These wars are more than just metaphors designed to rally public support and secure budget appropriations. They change the way we think about what the police do. Wars mean shooting first and asking questions later. Wars require military tactics and weaponry. Wars mean civilian casualties.
Over the decades, the war metaphor has resulted in drastic changes in the way the police operate. At both federal and state levels, the formerly hard line between police and military has blurred. Police are increasingly using military weaponry, employing military tactics and framing their mission using military terminology. Right now, there is a Third Amendment case—that’s the one about quartering soldiers in private homes without consent—making its way through the courts. It involves someone who refused to allow the police to occupy his home in order to gain a “tactical advantage” against the house next-door. The police returned later, broke down his door, forced him to the floor and then arrested him for obstructing an officer. They also shot his dog with pepperball rounds. It’s hard to argue with the premise of this case; police officers are acting so much like soldiers that it can be hard to tell the difference.
In Rise of the Warrior Cop, Radley Balko chronicles the steady militarization of the police in the U.S. A detailed history of a dangerous trend, Mr. Balko’s book tracks police militarization over the past 50 years, a period that not coincidentally corresponds with the rise of SWAT teams. First established in response to the armed riots of the late 1960s, they were originally exclusive to big cities and deployed only against heavily armed and dangerous criminals. Today SWAT teams are nothing special. They’ve multiplied like mushrooms. Every city has a SWAT team; 80% of towns between 25,000 and 50,000 people do as well. These teams are busy; in 2005 there were between 50,000 and 60,000 SWAT raids in the U.S. The tactics are pretty much what you would expect—breaking down doors, rushing in with military weaponry, tear gas—but the targets aren’t. SWAT teams are routinely deployed against illegal poker games, businesses suspected of employing illegal immigrants and barbershops with unlicensed hair stylists.
In Prince George’s County, MD, alone, SWAT teams were deployed about once a day in 2009, overwhelmingly to serve search or arrest warrants, and half of those warrants were for “misdemeanors and nonserious felonies.” Much of Mr. Balko’s data is approximate, because police departments don’t publish data, and they uniformly oppose any attempts at transparency or oversight. But he has good Maryland data from 2009 on, because after the mayor of Berwyn Heights was mistakenly attacked and terrorized in his home by a SWAT team in 2008, the state passed a law requiring police to report quarterly on their use of SWAT teams: how many times, for what purposes and whether any shots were fired during the raids.
Besides documenting policy decisions at the federal and state levels, the author examines the influence of military contractors who have looked to expand into new markets. And he tells some pretty horrific stories of SWAT raids gone wrong. A lot of dogs get shot in the book. Most interesting are the changing attitudes of police. As the stories progress from the 1960s to the 2000s, we see police shift from being uncomfortable with military weapons and tactics—and deploying them only as the very last resort in the most extreme circumstances—to accepting and even embracing their routine use.
This development coincides with the rhetorical use of the word “war.” To the police, civilians are citizens to protect. To the military, we are a population to be subdued. Wars can temporarily override the Constitution. When the Justice Department walks into Congress with requests for money and new laws to fight a war, it is going to get a different response than if it came in with a story about fighting crime. Maybe the most chilling quotation in the book is from William French Smith, President Reagan’s first attorney general: “The Justice Department is not a domestic agency. It is the internal arm of national defense.” Today we see that attitude in the war on terror. Because it’s a war, we can arrest and imprison Americans indefinitely without charges. We can eavesdrop on the communications of all Americans without probable cause. We can assassinate American citizens without due process. We can have secret courts issuing secret rulings about secret laws. The militarization of the police is just one aspect of an increasing militarization of government.
Mr. Balko saves his prescriptions for reform until the last chapter. Two of his fixes, transparency and accountability, are good remedies for all governmental overreach. Specific to police departments, he also recommends halting mission creep, changing police culture and embracing community policing. These are far easier said than done. His final fix is ending the war on drugs, the source of much police violence. To this I would add ending the war on terror, another rhetorical war that costs us hundreds of billions of dollars, gives law enforcement powers directly prohibited by the Constitution and leaves us no safer.
This essay originally appeared in the Wall Street Journal.
Related essay.
Has Tor Been Compromised?
There’s speculation that the FBI is responsible for an exploit that compromised the Tor anonymity service. Note that Tor nodes Browser Bundles installed or updated after June 26 are secure.
False Positives and Ubiquitous Surveillance
Searching on Google for a pressure cooker and backpacks got one family investigated by the police. More stories and comments.
This seems not to be the NSA eavesdropping on everyone’s Internet traffic, as was first assumed. It was one of those “see something, say something” amateur tips:
Suffolk County Criminal Intelligence Detectives received a tip from a Bay Shore based computer company regarding suspicious computer searches conducted by a recently released employee. The former employee’s computer searches took place on this employee’s workplace computer. On that computer, the employee searched the terms “pressure cooker bombs” and “backpacks.”
Scary, nonetheless.
EDITED TO ADD (8/2): Another article.
EDITED TO ADD (8/3): As more of the facts come out, this seems like less of an overreaction than I first thought. The person was an ex-employee of the company—not an employee—and was searching “pressure cooker bomb.” It’s not unreasonable for the company to call the police in that case, and for the police to investigate the searcher. Whether or not the employer should be monitoring Internet use is another matter.
Protecting E-Mail from Eavesdropping
In the wake of the Snowden NSA documents, reporters have been asking me whether encryption can solve the problem. Leaving aside the fact that much of what the NSA is collecting can’t be encrypted by the user—telephone metadata, e-mail headers, phone calling records, e-mail you’re reading from a phone or tablet or cloud provider, anything you post on Facebook—it’s hard to give good advice.
In theory, an e-mail program will protect you, but the reality is much more complicated.
- The program has to be vulnerability-free. If there is some back door in the program that bypasses, or weakens, the encryption, it’s not secure. It’s very difficult, almost impossible, to verify that a program is vulnerability-free.
- The user has to choose a secure password. Luckily, there’s advice on how to do this.
- The password has to be managed securely. The user can’t store it in a file somewhere. If he’s worried about security for after the FBI has arrested him and searched his house, he shouldn’t write it on a piece of paper, either.
- Actually, he should understand the threat model he’s operating under. Is it the NSA trying to eavesdrop on everything, or an FBI investigation that specifically targets him—or a targeted attack, like dropping a Trojan on his computer, that bypasses e-mail encryption entirely?
This is simply too much for the poor reporter, who wants an easy-to-transcribe answer.
We’ve known how to send cryptographically secure e-mail since the early 1990s. Twenty years later, we’re still working on the security engineering of e-mail programs. And if the NSA is eavesdropping on encrypted e-mail, and if the FBI is decrypting messages from suspects’ hard drives, they’re both breaking the engineering, not the underlying cryptographic algorithms.
On the other hand, the two adversaries can be very different. The NSA has to process a ginormous amount of traffic. It’s the “drinking from a fire hose” problem; they cannot afford to devote a lot of time to decrypting everything, because they simply don’t have the computing resources. There’s just too much data to collect. In these situations, even a modest level of encryption is enough—until you are specifically targeted. This is why the NSA saves all encrypted data it encounters; it might want to devote cryptanalysis resources to it at some later time.
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 short–sighted 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.
DDOS as Civil Disobedience
For a while now, I have been thinking about what civil disobedience looks like in the Internet Age. Certainly DDOS attacks, and politically motivated hacking in general, is a part of that. This is one of the reasons I found Molly Sauter’s recent thesis, “Distributed Denial of Service Actions and the Challenge of Civil Disobedience on the Internet,” so interesting:
Abstract: This thesis examines the history, development, theory, and practice of distributed denial of service actions as a tactic of political activism. DDOS actions have been used in online political activism since the early 1990s, though the tactic has recently attracted significant public attention with the actions of Anonymous and Operation Payback in December 2010. Guiding this work is the overarching question of how civil disobedience and disruptive activism can be practiced in the current online space. The internet acts as a vital arena of communication, self expression, and interpersonal organizing. When there is a message to convey, words to get out, people to organize, many will turn to the internet as the zone of that activity. Online, people sign petitions, investigate stories and rumors, amplify links and videos, donate money, and show their support for causes in a variety of ways. But as familiar and widely accepted activist tools—petitions, fundraisers, mass letter-writing, call-in campaigns and others—find equivalent practices in the online space, is there also room for the tactics of disruption and civil disobedience that are equally familiar from the realm of street marches, occupations, and sit-ins? This thesis grounds activist DDOS historically, focusing on early deployments of the tactic as well as modern instances to trace its development over time, both in theory and in practice. Through that examination, as well as tool design and development, participant identity, and state and corporate responses, this thesis presents an account of the development and current state of activist DDOS actions. It ends by presenting an analytical framework for the analysis of activist DDOS actions.
One of the problems with the legal system is that it doesn’t make any differentiation between civil disobedience and “normal” criminal activity on the Internet, though it does in the real world.
Sidebar photo of Bruce Schneier by Joe MacInnis.