Entries Tagged "law enforcement"

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The FBI and Wiretaps

To aid their Wall Street investigations, the FBI used DCSNet, their massive surveillance system.

Prosecutors are using the FBI’s massive surveillance system, DCSNet, which stands for Digital Collection System Network. According to Wired magazine, this system connects FBI wiretapping rooms to switches controlled by traditional land-line operators, internet-telephony providers and cellular companies. It can be used to instantly wiretap almost any communications device in the U.S.—wireless or tethered. In other words, you and I have no privacy. The government can listen in on any call made in the continental U.S. (This is all well and good if you trust every government employee. But what if an attorney general running for higher office will do anything to finger a high-profile target? Or what if a prosecutor has a personal grudge he’d like to fulfill? It seems to me it would be easy for this power to fall into the wrong hands.)

Posted on November 2, 2009 at 8:57 AM • View Comments

Helpful Hint for Fugitives: Don't Update Your Location on Facebook

“Fugitive caught after updating his status on Facebook.”

Investigators scoured social networking sites such as Facebook and MySpace but initially could find no trace of him and were unable to pin down his location in Mexico.

Several months later, a secret service agent, Seth Reeg, checked Facebook again and up popped MaxiSopo. His photo showed him partying in front of a backdrop featuring logos of BMW and Courvoisier cognac, sporting a black jacket adorned with a not-so-subtle white lion.

Although Sopo’s profile was set to private, his list of friends was not. Scoville started combing through it and was surprised to see that one friend listed an affiliation with the justice department. He sent a message requesting a phone call.

“We figured this was a person we could probably trust to keep our inquiry discreet,” Scoville said.

Proving the 2.0 adage that a friend on Facebook is rarely a friend indeed, the former official said he had met Sopo in Cancun’s nightclubs a few times, but did not really know him and had no idea he was a fugitive. The official learned where Sopo was living and passed that information back to Scoville, who provided it to Mexican authorities. They arrested Sopo last month.

It’s easy to say “so dumb,” and it would be true, but what’s interesting is how people just don’t think through the privacy implications of putting their information on the Internet. Facebook is how we interact with friends, and we think of it in the frame of interacting with friends. We don’t think that our employers might be looking—they’re not our friends!—that the information will be around forever, or that it might be abused. Privacy isn’t salient; chatting with friends is.

Posted on October 19, 2009 at 7:55 AM • View Comments

Computer-Assisted Witness Identification

Witnesses are much more accurate at identifying criminals when computers assist in the identification process, not police officers.

A major cause of miscarriages of justice could be avoided if computers, rather than detectives, guided witnesses through the identification of suspects. That’s according to Brent Daugherty at the University of North Carolina in Charlotte and colleagues, who say that too often officers influence witnesses’ choices.

The problem was highlighted in 2003 when the Innocence Project in New York analysed the case histories of 130 wrongly imprisoned people later freed by DNA evidence. Mistaken eyewitness identification was a factor in 77 per cent of the cases examined.

Makes sense to me.

Posted on October 7, 2009 at 7:12 AM • View Comments

Subpoenas as a Security Threat

Blog post from Ed Felten:

Usually when the threat model mentions subpoenas, the bigger threats in reality come from malicious intruders or insiders. The biggest risk in storing my documents on CloudCorp’s servers is probably that somebody working at CloudCorp, or a contractor hired by them, will mess up or misbehave.

So why talk about subpoenas rather than intruders or insiders? Perhaps this kind of talk is more diplomatic than the alternative. If I’m talking about the risks of Gmail, I might prefer not to point out that my friends at Google could hire someone who is less than diligent, or less than honest. If I talk about subpoenas as the threat, nobody in the room is offended, and the security measures I recommend might still be useful against intruders and insiders. It’s more polite to talk about data losses that are compelled by a mysterious, powerful Other—in this case an Anonymous Lawyer.

Politeness aside, overemphasizing subpoena threats can be harmful in at least two ways. First, we can easily forget that enforcement of subpoenas is often, though not always, in society’s interest. Our legal system works better when fact-finders have access to a broader range of truthful evidence. That’s why we have subpoenas in the first place. Not all subpoenas are good—and in some places with corrupt or evil legal systems, subpoenas deserve no legitimacy at all—but we mustn’t lose sight of society’s desire to balance the very real cost imposed on the subpoena’s target and affected third parties, against the usefulness of the resulting evidence in administering justice.

The second harm is to security. To the extent that we focus on the subpoena threat, rather than the larger threats of intruders and insiders, we risk finding “solutions” that fail to solve our biggest problems. We might get lucky and end up with a solution that happens to address the bigger threats too. We might even design a solution for the bigger threats, and simply use subpoenas as a rhetorical device in explaining our solution—though it seems risky to mislead our audience about our motivations. If our solution flows from our threat model, as it should, then we need to be very careful to get our threat model right.

Posted on September 4, 2009 at 6:18 AM • View Comments

Matthew Weigman

Fascinating story of a 16-year-old blind phone phreaker.

One afternoon, not long after Proulx was swatted, Weigman came home to find his mother talking to what sounded like a middle-aged male. The man introduced himself as Special Agent Allyn Lynd of the FBI’s cyber squad in Dallas, which investigates hacking and other computer crimes. A West Point grad, Lynd had spent 10 years combating phreaks and hackers. Now, with Proulx’s cooperation, he was aiming to take down Stuart Rosoff and the Wrecking Crew—and he wanted Weigman’s help.

Lynd explained that Rosoff, Roberson and other party-liners were being investigated in a swatting conspiracy. Because Weigman was a minor, however, he would not be charged—as long as he cooperated with the authorities. Realizing that this was a chance to turn his life around, Weigman confessed his role in the phone assaults.

Weigman’s auditory skills had always been central to his exploits, the means by which he manipulated the phone system. Now he gave Lynd a first-hand display of his powers. At one point during the visit, Lynd’s cellphone rang. “I can’t talk to you right now,” the agent told the caller. “I’m out doing something.” When he hung up, Weigman turned to him from across the room. “Oh,” the kid asked, “is that Billy Smith from Verizon?”

Lynd was stunned. William Smith was a fraud investigator with Verizon who had been working with him on the swatting case. Weigman not only knew all about the man and his role in the investigation, but he had identified Smith simply by hearing his Southern-accented voice on the cellphone—a sound which would have been inaudible to anyone else in the room. Weigman then shocked Lynd again, rattling off the names of a host of investigators working for other phone companies. Matt, it turned out, had spent weeks identifying phone-company employees, gaining their trust and obtaining confidential information about the FBI investigation against him. Even the phone account in his house, he revealed to Lynd, had been opened under the name of a telephone-company investigator. Lynd had rarely seen anything like it—even from cyber gangs who tried to hack into systems at the White House and the FBI. “Weigman flabbergasted me,” he later testified.

Posted on September 1, 2009 at 6:21 AM • View Comments

Actual Security Theater

As part of their training, federal agents engage in mock exercises in public places. Sometimes, innocent civilians get involved.

Every day, as Washingtonians go about their overt lives, the FBI, CIA, Capitol Police, Secret Service and U.S. Marshals Service stage covert dramas in and around the capital where they train. Officials say the scenarios help agents and officers integrate the intellectual, physical and emotional aspects of classroom instruction. Most exercises are performed inside restricted compounds. But they also unfold in public parks, suburban golf clubs and downtown transit stations.

Curtain up on threat theater—a growing, clandestine art form. Joseph Persichini, Jr., assistant director of the FBI’s Washington field office, says, “What better way to adapt agents or analysts to cultural idiosyncrasies than role play?”

For the public, there are rare, startling peeks: At a Holiday Inn, a boy in water wings steps out of his seventh floor room into a stampede of federal agents; at a Bowie retirement home, an elderly woman panics as a role-player collapses, believing his seizure is real; at a county museum, a father sweeps his daughter into his arms, running for the exit, while a raving, bearded man resists arrest.

EDITED TO ADD (9/11): It happened in D.C., in the Potomac River, with the Coast Guard.

Posted on August 25, 2009 at 6:43 AM • View Comments

Cybercrime Paper

“Distributed Security: A New Model of Law Enforcement,” Susan W. Brenner and Leo L. Clarke.

Abstract:
Cybercrime, which is rapidly increasing in frequency and in severity, requires us to rethink how we should enforce our criminal laws. The current model of reactive, police-based enforcement, with its origins in real-world urbanization, does not and cannot protect society from criminals using computer technology. This article proposes a new model of distributed security that can supplement the traditional model and allow us to deal effectively with cybercrime. The new model employs criminal sanctions, primarily fines, to induce computer users and those who provide access to cyberspace to employ reasonable security measures as deterrents. We argue that criminal sanctions are preferable in this context to civil liability, and we suggest a system of administrative regulation backed by criminal sanctions that will provide the incentives necessary to create a workable deterrent to cybercrime.

It’s from 2005, but I’ve never seen it before.

Posted on July 20, 2009 at 6:43 AM • View Comments

Fixing Airport Security

It’s been months since the Transportation Security Administration has had a permanent director. If, during the job interview (no, I didn’t get one), President Obama asked me how I’d fix airport security in one sentence, I would reply: “Get rid of the photo ID check, and return passenger screening to pre-9/11 levels.”

Okay, that’s a joke. While showing ID, taking your shoes off and throwing away your water bottles isn’t making us much safer, I don’t expect the Obama administration to roll back those security measures anytime soon. Airport security is more about CYA than anything else: defending against what the terrorists did last time.

But the administration can’t risk appearing as if it facilitated a terrorist attack, no matter how remote the possibility, so those annoyances are probably here to stay.

This would be my real answer: “Establish accountability and transparency for airport screening.” And if I had another sentence: “Airports are one of the places where Americans, and visitors to America, are most likely to interact with a law enforcement officer – and yet no one knows what rights travelers have or how to exercise those rights.”

Obama has repeatedly talked about increasing openness and transparency in government, and it’s time to bring transparency to the Transportation Security Administration (TSA).

Let’s start with the no-fly and watch lists. Right now, everything about them is secret: You can’t find out if you’re on one, or who put you there and why, and you can’t clear your name if you’re innocent. This Kafkaesque scenario is so un-American it’s embarrassing. Obama should make the no-fly list subject to judicial review.

Then, move on to the checkpoints themselves. What are our rights? What powers do the TSA officers have? If we’re asked “friendly” questions by behavioral detection officers, are we allowed not to answer? If we object to the rough handling of ourselves or our belongings, can the TSA official retaliate against us by putting us on a watch list? Obama should make the rules clear and explicit, and allow people to bring legal action against the TSA for violating those rules; otherwise, airport checkpoints will remain a Constitution-free zone in our country.

Next, Obama should refuse to use unfunded mandates to sneak expensive security measures past Congress. The Secure Flight program is the worst offender. Airlines are being forced to spend billions of dollars redesigning their reservations systems to accommodate the TSA’s demands to preapprove every passenger before he or she is allowed to board an airplane. These costs are borne by us, in the form of higher ticket prices, even though we never see them explicitly listed.

Maybe Secure Flight is a good use of our money; maybe it isn’t. But let’s have debates like that in the open, as part of the budget process, where it belongs.

And finally, Obama should mandate that airport security be solely about terrorism, and not a general-purpose security checkpoint to catch everyone from pot smokers to deadbeat dads.

The Constitution provides us, both Americans and visitors to America, with strong protections against invasive police searches. Two exceptions come into play at airport security checkpoints. The first is “implied consent,” which means that you cannot refuse to be searched; your consent is implied when you purchased your ticket. And the second is “plain view,” which means that if the TSA officer happens to see something unrelated to airport security while screening you, he is allowed to act on that.

Both of these principles are well established and make sense, but it’s their combination that turns airport security checkpoints into police-state-like checkpoints.

The TSA should limit its searches to bombs and weapons and leave general policing to the police – where we know courts and the Constitution still apply.

None of these changes will make airports any less safe, but they will go a long way to de-ratcheting the culture of fear, restoring the presumption of innocence and reassuring Americans, and the rest of the world, that – as Obama said in his inauguration speech – “we reject as false the choice between our safety and our ideals.”

This essay originally appeared, without hyperlinks, in the New York Daily News.

Posted on June 24, 2009 at 6:40 AM • View Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.