Entries Tagged "law enforcement"

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Google Receives Geofence Warrants

Sometimes it’s hard to tell the corporate surveillance operations from the government ones:

Google reportedly has a database called Sensorvault in which it stores location data for millions of devices going back almost a decade.

The article is about geofence warrants, where the police go to companies like Google and ask for information about every device in a particular geographic area at a particular time. In 2013, we learned from Edward Snowden that the NSA does this worldwide. Its program is called CO-TRAVELLER. The NSA claims it stopped doing that in 2014—probably just stopped doing it in the US—but why should it bother when the government can just get the data from Google.

Both the New York Times and EFF have written about Sensorvault.

Posted on January 28, 2020 at 6:53 AM • View Comments

Modern Mass Surveillance: Identify, Correlate, Discriminate

Communities across the United States are starting to ban facial recognition technologies. In May of last year, San Francisco banned facial recognition; the neighboring city of Oakland soon followed, as did Somerville and Brookline in Massachusetts (a statewide ban may follow). In December, San Diego suspended a facial recognition program in advance of a new statewide law, which declared it illegal, coming into effect. Forty major music festivals pledged not to use the technology, and activists are calling for a nationwide ban. Many Democratic presidential candidates support at least a partial ban on the technology.

These efforts are well-intentioned, but facial recognition bans are the wrong way to fight against modern surveillance. Focusing on one particular identification method misconstrues the nature of the surveillance society we’re in the process of building. Ubiquitous mass surveillance is increasingly the norm. In countries like China, a surveillance infrastructure is being built by the government for social control. In countries like the United States, it’s being built by corporations in order to influence our buying behavior, and is incidentally used by the government.

In all cases, modern mass surveillance has three broad components: identification, correlation and discrimination. Let’s take them in turn.

Facial recognition is a technology that can be used to identify people without their knowledge or consent. It relies on the prevalence of cameras, which are becoming both more powerful and smaller, and machine learning technologies that can match the output of these cameras with images from a database of existing photos.

But that’s just one identification technology among many. People can be identified at a distance by their heartbeat or by their gait, using a laser-based system. Cameras are so good that they can read fingerprints and iris patterns from meters away. And even without any of these technologies, we can always be identified because our smartphones broadcast unique numbers called MAC addresses. Other things identify us as well: our phone numbers, our credit card numbers, the license plates on our cars. China, for example, uses multiple identification technologies to support its surveillance state.

Once we are identified, the data about who we are and what we are doing can be correlated with other data collected at other times. This might be movement data, which can be used to “follow” us as we move throughout our day. It can be purchasing data, Internet browsing data, or data about who we talk to via email or text. It might be data about our income, ethnicity, lifestyle, profession and interests. There is an entire industry of data brokers who make a living analyzing and augmenting data about who we are ­—using surveillance data collected by all sorts of companies and then sold without our knowledge or consent.

There is a huge ­—and almost entirely unregulated ­—data broker industry in the United States that trades on our information. This is how large Internet companies like Google and Facebook make their money. It’s not just that they know who we are, it’s that they correlate what they know about us to create profiles about who we are and what our interests are. This is why many companies buy license plate data from states. It’s also why companies like Google are buying health records, and part of the reason Google bought the company Fitbit, along with all of its data.

The whole purpose of this process is for companies—­ and governments ­—to treat individuals differently. We are shown different ads on the Internet and receive different offers for credit cards. Smart billboards display different advertisements based on who we are. In the future, we might be treated differently when we walk into a store, just as we currently are when we visit websites.

The point is that it doesn’t matter which technology is used to identify people. That there currently is no comprehensive database of heartbeats or gaits doesn’t make the technologies that gather them any less effective. And most of the time, it doesn’t matter if identification isn’t tied to a real name. What’s important is that we can be consistently identified over time. We might be completely anonymous in a system that uses unique cookies to track us as we browse the Internet, but the same process of correlation and discrimination still occurs. It’s the same with faces; we can be tracked as we move around a store or shopping mall, even if that tracking isn’t tied to a specific name. And that anonymity is fragile: If we ever order something online with a credit card, or purchase something with a credit card in a store, then suddenly our real names are attached to what was anonymous tracking information.

Regulating this system means addressing all three steps of the process. A ban on facial recognition won’t make any difference if, in response, surveillance systems switch to identifying people by smartphone MAC addresses. The problem is that we are being identified without our knowledge or consent, and society needs rules about when that is permissible.

Similarly, we need rules about how our data can be combined with other data, and then bought and sold without our knowledge or consent. The data broker industry is almost entirely unregulated; there’s only one law ­—passed in Vermont in 2018 ­—that requires data brokers to register and explain in broad terms what kind of data they collect. The large Internet surveillance companies like Facebook and Google collect dossiers on us are more detailed than those of any police state of the previous century. Reasonable laws would prevent the worst of their abuses.

Finally, we need better rules about when and how it is permissible for companies to discriminate. Discrimination based on protected characteristics like race and gender is already illegal, but those rules are ineffectual against the current technologies of surveillance and control. When people can be identified and their data correlated at a speed and scale previously unseen, we need new rules.

Today, facial recognition technologies are receiving the brunt of the tech backlash, but focusing on them misses the point. We need to have a serious conversation about all the technologies of identification, correlation and discrimination, and decide how much we as a society want to be spied on by governments and corporations—and what sorts of influence we want them to have over our lives.

This essay previously appeared in the New York Times.

EDITED TO ADD: Rereading this post-publication, I see that it comes off as overly critical of those who are doing activism in this space. Writing the piece, I wasn’t thinking about political tactics. I was thinking about the technologies that support surveillance capitalism, and law enforcement’s usage of that corporate platform. Of course it makes sense to focus on face recognition in the short term. It’s something that’s easy to explain, viscerally creepy, and obviously actionable. It also makes sense to focus specifically on law enforcement’s use of the technology; there are clear civil and constitutional rights issues. The fact that law enforcement is so deeply involved in the technology’s marketing feels wrong. And the technology is currently being deployed in Hong Kong against political protesters. It’s why the issue has momentum, and why we’ve gotten the small wins we’ve had. (The EU is considering a five-year ban on face recognition technologies.) Those wins build momentum, which lead to more wins. I should have been kinder to those in the trenches.

If you want to help, sign the petition from Public Voice calling on a moratorium on facial recognition technology for mass surveillance. Or write to your US congressperson and demand similar action. There’s more information from EFF and EPIC.

EDITED TO ADD (3/16): This essay has been translated into Spanish.

Posted on January 27, 2020 at 12:21 PM • View Comments

Clearview AI and Facial Recognition

The New York Times has a long story about Clearview AI, a small company that scrapes identified photos of people from pretty much everywhere, and then uses unstated magical AI technology to identify people in other photos.

His tiny company, Clearview AI, devised a groundbreaking facial recognition app. You take a picture of a person, upload it and get to see public photos of that person, along with links to where those photos appeared. The system—whose backbone is a database of more than three billion images that Clearview claims to have scraped from Facebook, YouTube, Venmo and millions of other websites—goes far beyond anything ever constructed by the United States government or Silicon Valley giants.

Federal and state law enforcement officers said that while they had only limited knowledge of how Clearview works and who is behind it, they had used its app to help solve shoplifting, identity theft, credit card fraud, murder and child sexual exploitation cases.

[…]

But without public scrutiny, more than 600 law enforcement agencies have started using Clearview in the past year, according to the company, which declined to provide a list. The computer code underlying its app, analyzed by The New York Times, includes programming language to pair it with augmented-reality glasses; users would potentially be able to identify every person they saw. The tool could identify activists at a protest or an attractive stranger on the subway, revealing not just their names but where they lived, what they did and whom they knew.

And it’s not just law enforcement: Clearview has also licensed the app to at least a handful of companies for security purposes.

Another article.

EDITED TO ADD (1/23): Twitter told the company to stop scraping its photos.

Posted on January 20, 2020 at 8:53 AM • View Comments

Police Surveillance Tools from Special Services Group

Special Services Group, a company that sells surveillance tools to the FBI, DEA, ICE, and other US government agencies, has had its secret sales brochure published. Motherboard received the brochure as part of a FOIA request to the Irvine Police Department in California.

“The Tombstone Cam is our newest video concealment offering the ability to conduct remote surveillance operations from cemeteries,” one section of the Black Book reads. The device can also capture audio, its battery can last for two days, and “the Tombstone Cam is fully portable and can be easily moved from location to location as necessary,” the brochure adds. Another product is a video and audio capturing device that looks like an alarm clock, suitable for “hotel room stings,” and other cameras are designed to appear like small tree trunks and rocks, the brochure reads.

The “Shop-Vac Covert DVR Recording System” is essentially a camera and 1TB harddrive hidden inside a vacuum cleaner. “An AC power connector is available for long-term deployments, and DC power options can be connected for mobile deployments also,” the brochure reads. The description doesn’t say whether the vacuum cleaner itself works.

[…]

One of the company’s “Rapid Vehicle Deployment Kits” includes a camera hidden inside a baby car seat. “The system is fully portable, so you are not restricted to the same drop car for each mission,” the description adds.

[…]

The so-called “K-MIC In-mouth Microphone & Speaker Set” is a tiny Bluetooth device that sits on a user’s teeth and allows them to “communicate hands-free in crowded, noisy surroundings” with “near-zero visual indications,” the Black Book adds.

Other products include more traditional surveillance cameras and lenses as well as tools for surreptitiously gaining entry to buildings. The “Phantom RFID Exploitation Toolkit” lets a user clone an access card or fob, and the so-called “Shadow” product can “covertly provide the user with PIN code to an alarm panel,” the brochure reads.

The Motherboard article also reprints the scary emails Motherboard received from Special Services Group, when asked for comment. Of course, Motherboard published the information anyway.

Posted on January 10, 2020 at 8:41 AM • View Comments

Scaring People into Supporting Backdoors

Back in 1998, Tim May warned us of the “Four Horsemen of the Infocalypse”: “terrorists, pedophiles, drug dealers, and money launderers.” I tended to cast it slightly differently. This is me from 2005:

Beware the Four Horsemen of the Information Apocalypse: terrorists, drug dealers, kidnappers, and child pornographers. Seems like you can scare any public into allowing the government to do anything with those four.

Which particular horseman is in vogue depends on time and circumstance. Since the terrorist attacks of 9/11, the US government has been pushing the terrorist scare story. Recently, it seems to have switched to pedophiles and child exploitation. It began in September, with a long New York Times story on child sex abuse, which included this dig at encryption:

And when tech companies cooperate fully, encryption and anonymization can create digital hiding places for perpetrators. Facebook announced in March plans to encrypt Messenger, which last year was responsible for nearly 12 million of the 18.4 million worldwide reports of child sexual abuse material, according to people familiar with the reports. Reports to the authorities typically contain more than one image, and last year encompassed the record 45 million photos and videos, according to the National Center for Missing and Exploited Children.

(That’s wrong, by the way. Facebook Messenger already has an encrypted option. It’s just not turned on by default, like it is in WhatsApp.)

That was followed up by a conference by the US Department of Justice: “Lawless Spaces: Warrant Proof Encryption and its Impact on Child Exploitation Cases.” US Attorney General William Barr gave a speech on the subject. Then came an open letter to Facebook from Barr and others from the UK and Australia, using “protecting children” as the basis for their demand that the company not implement strong end-to-end encryption. (I signed on to another another open letter in response.) Then, the FBI tried to get Interpol to publish a statement denouncing end-to-end encryption.

This week, the Senate Judiciary Committee held a hearing on backdoors: “Encryption and Lawful Access: Evaluating Benefits and Risks to Public Safety and Privacy.” Video, and written testimonies, are available at the link. Eric Neuenschwander from Apple was there to support strong encryption, but the other witnesses were all against it. New York District Attorney Cyrus Vance was true to form:

In fact, we were never able to view the contents of his phone because of this gift to sex traffickers that came, not from God, but from Apple.

It was a disturbing hearing. The Senators asked technical questions to people who couldn’t answer them. The result was that an adjunct law professor was able to frame the issue of strong encryption as an externality caused by corporate liability dumping, and another example of Silicon Valley’s anti-regulation stance.

Let me be clear. None of us who favor strong encryption is saying that child exploitation isn’t a serious crime, or a worldwide problem. We’re not saying that about kidnapping, international drug cartels, money laundering, or terrorism. We are saying three things. One, that strong encryption is necessary for personal and national security. Two, that weakening encryption does more harm than good. And three, law enforcement has other avenues for criminal investigation than eavesdropping on communications and stored devices. This is one example, where people unraveled a dark-web website and arrested hundreds by analyzing Bitcoin transactions. This is another, where policy arrested members of a WhatsApp group.

So let’s have reasoned policy debates about encryption—debates that are informed by technology. And let’s stop it with the scare stories.

EDITED TO ADD (12/13): The DoD just said that strong encryption is essential for national security.

All DoD issued unclassified mobile devices are required to be password protected using strong passwords. The Department also requires that data-in-transit, on DoD issued mobile devices, be encrypted (e.g. VPN) to protect DoD information and resources. The importance of strong encryption and VPNs for our mobile workforce is imperative. Last October, the Department outlined its layered cybersecurity approach to protect DoD information and resources, including service men and women, when using mobile communications capabilities.

[…]

As the use of mobile devices continues to expand, it is imperative that innovative security techniques, such as advanced encryption algorithms, are constantly maintained and improved to protect DoD information and resources. The Department believes maintaining a domestic climate for state of the art security and encryption is critical to the protection of our national security.

Posted on December 12, 2019 at 6:11 AM • View Comments

Former FBI General Counsel Jim Baker Chooses Encryption Over Backdoors

In an extraordinary essay, the former FBI general counsel Jim Baker makes the case for strong encryption over government-mandated backdoors:

In the face of congressional inaction, and in light of the magnitude of the threat, it is time for governmental authorities­—including law enforcement­—to embrace encryption because it is one of the few mechanisms that the United States and its allies can use to more effectively protect themselves from existential cybersecurity threats, particularly from China. This is true even though encryption will impose costs on society, especially victims of other types of crime.

[…]

I am unaware of a technical solution that will effectively and simultaneously reconcile all of the societal interests at stake in the encryption debate, such as public safety, cybersecurity and privacy as well as simultaneously fostering innovation and the economic competitiveness of American companies in a global marketplace.

[…]

All public safety officials should think of protecting the cybersecurity of the United States as an essential part of their core mission to protect the American people and uphold the Constitution. And they should be doing so even if there will be real and painful costs associated with such a cybersecurity-forward orientation. The stakes are too high and our current cybersecurity situation too grave to adopt a different approach.

Basically, he argues that the security value of strong encryption greatly outweighs the security value of encryption that can be bypassed. He endorses a “defense dominant” strategy for Internet security.

Keep in mind that Baker led the FBI’s legal case against Apple regarding the San Bernardino shooter’s encrypted iPhone. In writing this piece, Baker joins the growing list of former law enforcement and national security senior officials who have come out in favor of strong encryption over backdoors: Michael Hayden, Michael Chertoff, Richard Clarke, Ash Carter, William Lynn, and Mike McConnell.

Edward Snowden also agrees.

EDITED TO ADD: Good commentary from Cory Doctorow.

Posted on October 28, 2019 at 6:22 AM • View Comments

Illegal Data Center Hidden in Former NATO Bunker

Interesting:

German investigators said Friday they have shut down a data processing center installed in a former NATO bunker that hosted sites dealing in drugs and other illegal activities. Seven people were arrested.

[…]

Thirteen people aged 20 to 59 are under investigation in all, including three German and seven Dutch citizens, Brauer said.

Authorities arrested seven of them, citing the danger of flight and collusion. They are suspected of membership in a criminal organization because of a tax offense, as well as being accessories to hundreds of thousands of offenses involving drugs, counterfeit money and forged documents, and accessories to the distribution of child pornography. Authorities didn’t name any of the suspects.

The data center was set up as what investigators described as a “bulletproof hoster,” meant to conceal illicit activities from authorities’ eyes.

Investigators say the platforms it hosted included “Cannabis Road,” a drug-dealing portal; the “Wall Street Market,” which was one of the world’s largest online criminal marketplaces for drugs, hacking tools and financial-theft wares until it was taken down earlier this year; and sites such as “Orange Chemicals” that dealt in synthetic drugs. A botnet attack on German telecommunications company Deutsche Telekom in late 2016 that knocked out about 1 million customers’ routers also appears to have come from the data center in Traben-Trarbach, Brauer said.

EDITED TO ADD (10/9): This is a better article.

Posted on October 9, 2019 at 6:34 AM • View Comments

More on Law Enforcement Backdoor Demands

The Carnegie Endowment for International Peace and Princeton University’s Center for Information Technology Policy convened an Encryption Working Group to attempt progress on the “going dark” debate. They have released their report: “Moving the Encryption Policy Conversation Forward.

The main contribution seems to be that attempts to backdoor devices like smartphones shouldn’t also backdoor communications systems:

Conclusion: There will be no single approach for requests for lawful access that can be applied to every technology or means of communication. More work is necessary, such as that initiated in this paper, to separate the debate into its component parts, examine risks and benefits in greater granularity, and seek better data to inform the debate. Based on our attempt to do this for one particular area, the working group believes that some forms of access to encrypted information, such as access to data at rest on mobile phones, should be further discussed. If we cannot have a constructive dialogue in that easiest of cases, then there is likely none to be had with respect to any of the other areas. Other forms of access to encrypted information, including encrypted data-in-motion, may not offer an achievable balance of risk vs. benefit, and as such are not worth pursuing and should not be the subject of policy changes, at least for now. We believe that to be productive, any approach must separate the issue into its component parts.

I don’t believe that backdoor access to encryption data at rest offers “an achievable balance of risk vs. benefit” either, but I agree that the two aspects should be treated independently.

EDITED TO ADD (9/12): This report does an important job moving the debate forward. It advises that policymakers break the issues into component parts. Instead of talking about restricting all encryption, it separates encrypted data at rest (storage) from encrypted data in motion (communication). It advises that policymakers pick the problems they have some chance of solving, and not demand systems that put everyone in danger. For example: no key escrow, and no use of software updates to break into devices).

Data in motion poses challenges that are not present for data at rest. For example, modern cryptographic protocols for data in motion use a separate “session key” for each message, unrelated to the private/public key pairs used to initiate communication, to preserve the message’s secrecy independent of other messages (consistent with a concept known as “forward secrecy”). While there are potential techniques for recording, escrowing, or otherwise allowing access to these session keys, by their nature, each would break forward secrecy and related concepts and would create a massive target for criminal and foreign intelligence adversaries. Any technical steps to simplify the collection or tracking of session keys, such as linking keys to other keys or storing keys after they are used, would represent a fundamental weakening of all the communications.

These are all big steps forward given who signed on to the report. Not just the usual suspects, but also Jim Baker—former general counsel of the FBI—and Chris Inglis: former deputy director of the NSA.

Posted on September 11, 2019 at 6:11 AM • View Comments

How Privacy Laws Hurt Defendants

Rebecca Wexler has an interesting op-ed about an inadvertent harm that privacy laws can cause: while law enforcement can often access third-party data to aid in prosecution, the accused don’t have the same level of access to aid in their defense:

The proposed privacy laws would make this situation worse. Lawmakers may not have set out to make the criminal process even more unfair, but the unjust result is not surprising. When lawmakers propose privacy bills to protect sensitive information, law enforcement agencies lobby for exceptions so they can continue to access the information. Few lobby for the accused to have similar rights. Just as the privacy interests of poor, minority and heavily policed communities are often ignored in the lawmaking process, so too are the interests of criminal defendants, many from those same communities.

In criminal cases, both the prosecution and the accused have a right to subpoena evidence so that juries can hear both sides of the case. The new privacy bills need to ensure that law enforcement and defense investigators operate under the same rules when they subpoena digital data. If lawmakers believe otherwise, they should have to explain and justify that view.

For more detail, see her paper.

Posted on August 2, 2019 at 6:04 AM • View Comments

Attorney General William Barr on Encryption Policy

Yesterday, Attorney General William Barr gave a major speech on encryption policy—what is commonly known as “going dark.” Speaking at Fordham University in New York, he admitted that adding backdoors decreases security but that it is worth it.

Some hold this view dogmatically, claiming that it is technologically impossible to provide lawful access without weakening security against unlawful access. But, in the world of cybersecurity, we do not deal in absolute guarantees but in relative risks. All systems fall short of optimality and have some residual risk of vulnerability a point which the tech community acknowledges when they propose that law enforcement can satisfy its requirements by exploiting vulnerabilities in their products. The real question is whether the residual risk of vulnerability resulting from incorporating a lawful access mechanism is materially greater than those already in the unmodified product. The Department does not believe this can be demonstrated.

Moreover, even if there was, in theory, a slight risk differential, its significance should not be judged solely by the extent to which it falls short of theoretical optimality. Particularly with respect to encryption marketed to consumers, the significance of the risk should be assessed based on its practical effect on consumer cybersecurity, as well as its relation to the net risks that offering the product poses for society. After all, we are not talking about protecting the Nation’s nuclear launch codes. Nor are we necessarily talking about the customized encryption used by large business enterprises to protect their operations. We are talking about consumer products and services such as messaging, smart phones, e-mail, and voice and data applications. If one already has an effective level of security say, by way of illustration, one that protects against 99 percent of foreseeable threats is it reasonable to incur massive further costs to move slightly closer to optimality and attain a 99.5 percent level of protection? A company would not make that expenditure; nor should society. Here, some argue that, to achieve at best a slight incremental improvement in security, it is worth imposing a massive cost on society in the form of degraded safety. This is untenable. If the choice is between a world where we can achieve a 99 percent assurance against cyber threats to consumers, while still providing law enforcement 80 percent of the access it might seek; or a world, on the other hand, where we have boosted our cybersecurity to 99.5 percent but at a cost reducing law enforcements [sic] access to zero percent the choice for society is clear.

I think this is a major change in government position. Previously, the FBI, the Justice Department and so on had claimed that backdoors for law enforcement could be added without any loss of security. They maintained that technologists just need to figure out how: ­an approach we have derisively named “nerd harder.”

With this change, we can finally have a sensible policy conversation. Yes, adding a backdoor increases our collective security because it allows law enforcement to eavesdrop on the bad guys. But adding that backdoor also decreases our collective security because the bad guys can eavesdrop on everyone. This is exactly the policy debate we should be having­—not the fake one about whether or not we can have both security and surveillance.

Barr makes the point that this is about “consumer cybersecurity,” and not “nuclear launch codes.” This is true, but ignores the huge amount of national security-related communications between those two poles. The same consumer communications and computing devices are used by our lawmakers, CEOs, legislators, law enforcement officers, nuclear power plant operators, election officials and so on. There’s no longer a difference between consumer tech and government tech—it’s all the same tech.

Barr also says:

Further, the burden is not as onerous as some make it out to be. I served for many years as the general counsel of a large telecommunications concern. During my tenure, we dealt with these issues and lived through the passage and implementation of CALEA the Communications Assistance for Law Enforcement Act. CALEA imposes a statutory duty on telecommunications carriers to maintain the capability to provide lawful access to communications over their facilities. Companies bear the cost of compliance but have some flexibility in how they achieve it, and the system has by and large worked. I therefore reserve a heavy dose of skepticism for those who claim that maintaining a mechanism for lawful access would impose an unreasonable burden on tech firms especially the big ones. It is absurd to think that we would preserve lawful access by mandating that physical telecommunications facilities be accessible to law enforcement for the purpose of obtaining content, while allowing tech providers to block law enforcement from obtaining that very content.

That telecommunications company was GTE­which became Verizon. Barr conveniently ignores that CALEA-enabled phone switches were used to spy on government officials in Greece in 2003—which seems to have been an NSA operation—and on a variety of people in Italy in 2006. Moreover, in 2012 every CALEA-enabled switch sold to the Defense Department had security vulnerabilities. (I wrote about all this, and more, in 2013.)

The final thing I noticed about the speech is that is it not about iPhones and data at rest. It is about communications: ­data in transit. The “going dark” debate has bounced back and forth between those two aspects for decades. It seems to be bouncing once again.

I hope that Barr’s latest speech signals that we can finally move on from the fake security vs. privacy debate, and to the real security vs. security debate. I know where I stand on that: As computers continue to permeate every aspect of our lives, society, and critical infrastructure, it is much more important to ensure that they are secure from everybody—even at the cost of law-enforcement access—than it is to allow access at the cost of security. Barr is wrong, it kind of is like these systems are protecting nuclear launch codes.

This essay previously appeared on Lawfare.com.

EDITED TO ADD: More news articles.

EDITED TO ADD (7/28): Gen. Hayden comments.

EDITED TO ADD (7/30): Good response by Robert Graham.

Posted on July 24, 2019 at 6:43 AM • View Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.