Entries Tagged "laws"

Page 21 of 35

European Parliament Moves to Undo Airplane Liquid Ban

The Norwegian Ministry of Transportation asked the EU to lift the liquid ban on airplanes.

This ban is annoying for the travellers and a large cost for society, and we need to examine if the benefits are in relation to the cost.

And the European Parliament agreed:

The House adopted a resolution with 464 votes in favour, 158 against and 70 abstentions on the restrictions imposed by the EU on liquids that passengers can take on board aeroplanes. MEPs call upon the Commission to review urgently and—if no further conclusive facts are brought forward—to repeal Regulation (EC) No 1546/2006 (introduction of liquids onto aircraft). The particular amendment on the possible repeal was adopted with 382 votes in favour, 298 against and 15 abstentions.

Security is a trade-off; makes sense to me.

EDITED TO ADD (10/11): Unfortunately the European Parliament is powerless; their decisions are regularly ignored. In this case, the European Commission has the real power.

Posted on September 18, 2007 at 6:32 AM • View Comments

Federal Judge Strikes Down National-Security-Letter Provision of Patriot Act

Article, ACLU press release, some legal commentary, and actual decision.

From the article:

The ACLU had challenged the law on behalf of an Internet service provider, complaining that the law allowed the FBI to demand records without the kind of court supervision required for other government searches. Under the law, investigators can issue so-called national security letters to entities like Internet service providers and phone companies and demand customers’ phone and Internet records.

In his ruling, Marrero said much more was at stake than questions about the national security letters.

He said Congress, in the original USA Patriot Act and less so in a 2005 revision, had essentially tried to legislate how the judiciary must review challenges to the law. If done to other bills, they ultimately could all “be styled to make the validation of the law foolproof.”

Noting that the courthouse where he resides is several blocks from the fallen World Trade Center, the judge said the Constitution was designed so that the dangers of any given moment could never justify discarding fundamental individual liberties.

He said when “the judiciary lowers its guard on the Constitution, it opens the door to far-reaching invasions of liberty.”

Regarding the national security letters, he said, Congress crossed its boundaries so dramatically that to let the law stand might turn an innocent legislative step into “the legislative equivalent of breaking and entering, with an ominous free pass to the hijacking of constitutional values.”

He said the ruling does not mean the FBI must obtain the approval of a court prior to ordering records be turned over, but rather must justify to a court the need for secrecy if the orders will last longer than a reasonable and brief period of time.

Note that judge immediately stayed his decision, pending appeal.

EDITED TO ADD (9/9): More legal commentary.

Posted on September 7, 2007 at 10:05 AM • View Comments

New German Hacking Law

There has been much written about the new German hacker-tool law, which went into effect earlier this month.

Dark Reading has the most interesting speculation:

Many security people say the law is so flawed and so broad and that no one can really comply with it. “In essence, the way the laws are phrased now, there is no way to ever comply… even as a non-security company,” says researcher Halvar Flake, a.k.a. Thomas Dullien, CEO and head of research at Sabre Security.

“If I walked into a store now and told the clerk that I wish to buy Windows XP and I will use it to hack, then the clerk is aiding me in committing a crime by [selling me] Windows XP,” Dullien says. “The law doesn’t actually distinguish between what the intended purpose of a program is. It just says if you put a piece of code in a disposition that is used to commit a crime, you’re complicit in that crime.”

Dullien says his company’s BinNavi tool for debugging and analyzing code or malware is fairly insulated from the law because it doesn’t include exploits. But his company still must ensure it doesn’t sell to “dodgy” customers.

Many other German security researchers, meanwhile, have pulled their proof-of-concept exploit code and hacking tools offline for fear of prosecution.

[…]

The German law has even given some U.S. researchers pause as well. It’s unclear whether the long arm of the German law could reach them, so some aren’t taking any chances: The exploit-laden Metasploit hacking tool could fall under German law if someone possesses it, distributes it, or uses it, for instance. “I’m staying out of Germany,” says HD Moore, Metasploit’s creator and director of security research for BreakingPoint Systems.

“Just about everything the Metasploit project provides [could] fall under that law,” Moore says. “Every exploit, most of the tools, and even the documentation in some cases.”

Moore notes that most Linux distros are now illegal in Germany as well, because they include the open-source nmap security scanner tool—and some include Metasploit as well.

The law basically leaves the door open to outlaw any software used in a crime, notes Sabre Security’s Dullien.

Zoller says the biggest problem with the new law is that it’s so vague that no one really knows what it means yet. “We have to wait for something to happen to know the limits.”

Posted on August 28, 2007 at 1:32 PM • View Comments

House of Lords on Computer Security

The Science and Technology Committee of the UK House of Lords has issued a report (pdf here) on “Personal Internet Security.” It’s 121 pages long. Richard Clayton, who helped the committee, has a good summary of the report on his blog. Among other things, the Lords recommend various consumer notification standards, a data-breach disclosure law, and a liability regime for software.

Another summary lists:

  • Increase the resources and skills available to the police and criminal justice system to catch and prosecute e-criminals.
  • Establish a centralised and automated system, administered by law enforcement, for the reporting of e-crime.
  • Provide incentives to banks and other companies trading online to improve the data security by establishing a data security breach notification law.
  • Improve standards of new software and hardware by moving towards legal liability for damage resulting from security flaws.
  • Encourage Internet Service Providers to improve customer security offered by establishing a “kite mark” for internet services.

If that sounds like a lot of the things I’ve been saying for years, there’s a reason for that. Earlier this year, I testified before the committee (transcript here), where I recommended some of these things. (Sadly, I didn’t get to wear a powdered wig.)

This report is a long way from anything even closely resembling a law, but it’s a start. Clayton writes:

The Select Committee reports are the result of in-depth study of particular topics, by people who reached the top of their professions (who are therefore quick learners, even if they start by knowing little of the topic), and their careful reasoning and endorsement of convincing expert views, carries considerable weight. The Government is obliged to formally respond, and there will, at some point, be a few hours of debate on the report in the House of Lords.

If you’re interested, the entire body of evidence the committee considered is here (pdf version here). I don’t recommend reading it; it’s absolutely huge, and a lot of it is corporate drivel.

EDITED TO ADD (8/13): I have written about software liabilities before, here and here.

EDITED TO ADD (8/22): Good article here:

They agreed ‘wholeheartedly’ with security guru, and successful author, Bruce Schneier, that the activities of ‘legitimate researchers’ trying to ‘break things to learn to think like the bad guys’ should not be criminalized in forthcoming UK legislation, and they supported the pressing need for a data breach reporting law; in drafting such a law, the UK government could learn from lessons learnt in the US states that have such laws. Such a law should cover the banks, and other sectors, and not simply apply to “communication providers”—a proposal presently under consideration by the EU Commission, which the peers clearly believed would be ineffective in creating incentives to improve security across the board.

Posted on August 13, 2007 at 6:35 AM • View Comments

The New U.S. Wiretapping Law and Security

Last week, Congress gave President Bush new wiretapping powers. I was going to write an essay on the security implications of this, but Susan Landau beat me to it:

To avoid wiretapping every communication, NSA will need to build massive automatic surveillance capabilities into telephone switches. Here things get tricky: Once such infrastructure is in place, others could use it to intercept communications.

Grant the NSA what it wants, and within 10 years the United States will be vulnerable to attacks from hackers across the globe, as well as the militaries of China, Russia and other nations.

Such threats are not theoretical. For almost a year beginning in April 2004, more than 100 phones belonging to members of the Greek government, including the prime minister and ministers of defense, foreign affairs, justice and public order, were spied on with wiretapping software that was misused. Exactly who placed the software and who did the listening remain unknown. But they were able to use software that was supposed to be used only with legal permission.

[…]

U.S. communications technology is fragile and easily penetrated. While advanced, it is not decades ahead of that of our friends or our rivals. Compounding the issue is a key facet of modern systems design: Intercept capabilities are likely to be managed remotely, and vulnerabilities are as likely to be global as local. In simplifying wiretapping for U.S. intelligence, we provide a target for foreign intelligence agencies and possibly rogue hackers. Break into one service, and you get broad access to U.S. communications.

More about the Greek wiretapping scandal. And I would be remiss if I didn’t mention the excellent book by Whitfield Diffie and Susan Landau on the subject: Privacy on the Line: The Politics of Wiretapping and Encryption.

Posted on August 9, 2007 at 3:29 PM • View Comments

Privacy and the "Nothing to Hide" Argument

Good essay:

In this short essay, written for a symposium in the San Diego Law Review, Professor Daniel Solove examines the “nothing to hide” argument. When asked about government surveillance and data mining, many people respond by declaring: “I’ve got nothing to hide.” According to the “nothing to hide” argument, there is no threat to privacy unless the government uncovers unlawful activity, in which case a person has no legitimate justification to claim that it remain private. The “nothing to hide” argument and its variants are quite prevalent, and thus are worth addressing. In this essay, Solove critiques the “nothing to hide” argument and exposes its faulty underpinnings.

Posted on July 13, 2007 at 7:11 AM • View Comments

4th Amendment Rights Extended to E-Mail

This is a great piece of news in the U.S. For the first time, e-mail has been granted the same constitutional protections as telephone calls and personal papers: the police need a warrant to get at it. Now it’s only a circuit court decision—the Sixth U.S. Circuit Court of Appeals in Ohio—it’s pretty narrowly defined based on the attributes of the e-mail system, and it has a good chance of being overturned by the Supreme Court…but it’s still great news.

The way to think of the warrant system is as a security device. The police still have the ability to get access to e-mail in order to investigate a crime. But in order to prevent abuse, they have to convince a neutral third party—a judge—that accessing someone’s e-mail is necessary to investigate that crime. That judge, at least in theory, protects our interests.

Clearly e-mail deserves the same protection as our other personal papers, but—like phone calls—it might take the courts decades to figure that out. But we’ll get there eventually.

Posted on June 25, 2007 at 4:13 PM • View Comments

"Data Mining and the Security-Liberty Debate"

Good paper: “Data Mining and the Security-Liberty Debate,” by Daniel J. Solove.

Abstract: In this essay, written for a symposium on surveillance for the University of Chicago Law Review, I examine some common difficulties in the way that liberty is balanced against security in the context of data mining. Countless discussions about the trade-offs between security and liberty begin by taking a security proposal and then weighing it against what it would cost our civil liberties. Often, the liberty interests are cast as individual rights and balanced against the security interests, which are cast in terms of the safety of society as a whole. Courts and commentators defer to the government’s assertions about the effectiveness of the security interest. In the context of data mining, the liberty interest is limited by narrow understandings of privacy that neglect to account for many privacy problems. As a result, the balancing concludes with a victory in favor of the security interest. But as I argue, important dimensions of data mining’s security benefits require more scrutiny, and the privacy concerns are significantly greater than currently acknowledged. These problems have undermined the balancing process and skewed the results toward the security side of the scale.

My only complaint: it’s not a liberty vs. security debate. Liberty is security. It’s a liberty vs. control debate.

Posted on June 12, 2007 at 7:11 AM • View Comments

Third Party Consent and Computer Searches

U.S. courts are weighing in with opinions:

When Ray Andrus’ 91-year-old father gave federal agents permission to search his son’s password-protected computer files and they found child pornography, the case turned a spotlight on how appellate courts grapple with third-party consents to search computers.

[…]

The case was a first for the 10th U.S. Circuit Court of Appeals, and only two other circuits have touched on the issue, the 4th and 6th circuits. The 10th Circuit held that although password-protected computers command a high level of privacy, the legitimacy of a search turns on an officer’s belief that the third party had authority to consent.

The 10th Circuit’s recent 2-1 decision in U.S. v. Andrus, No. 06-3094 (April 25, 2007), recognized for the first time that a password-protected computer is like a locked suitcase or a padlocked footlocker in a bedroom. The digital locks raise the expectation of privacy by the owner. The majority nonetheless refused to suppress the evidence.

Excellent commentary from Jennifer Granick:

The Fourth Amendment generally prohibits warrantless searches of an individual’s home or possessions. There is an exception to the warrant requirement when someone consents to the search. Consent can be given by the person under investigation, or by a third party with control over or mutual access to the property being searched. Because the Fourth Amendment only prohibits “unreasonable searches and seizures,” permission given by a third party who lacks the authority to consent will nevertheless legitimize a warrantless search if the consenter has “apparent authority,” meaning that the police reasonably believed that the person had actual authority to control or use the property.

Under existing case law, only people with a key to a locked closet have apparent authority to consent to a search of that closet. Similarly, only people with the password to a locked computer have apparent authority to consent to a search of that device. In Andrus, the father did not have the password (or know how to use the computer) but the police say they did not have any reason to suspect this because they did not ask and did not turn the computer on. Then, they used forensic software that automatically bypassed any installed password.

The majority held that the police officers not only weren’t obliged to ask whether the father used the computer, they had no obligation to check for a password before performing their forensic search. In dissent, Judge Monroe G. McKay criticized the agents’ intentional blindness to the existence of password protection, when physical or digital locks are such a fundamental part of ascertaining whether a consenting person has actual or apparent authority to permit a police search. “(T)he unconstrained ability of law enforcement to use forensic software such at the EnCase program to bypass password protection without first determining whether such passwords have been enabled … dangerously sidestep(s) the Fourth Amendment.”

[…]

If courts are going to treat computers as containers, and if owners must lock containers in order to keep them private from warrantless searches, then police should be required to look for those locks. Password protected computers and locked containers are an inexact analogy, but if that is how courts are going to do it, then its inappropriate to diminish protections for computers simply because law enforcement chooses to use software that turns a blind eye to owners’ passwords.

Posted on June 5, 2007 at 6:43 AM • View Comments

GAO Report on International Passenger Prescreening

From the U.S. GAO: “Aviation Security: Efforts to Strengthen International Prescreening are Under Way, but Planning and Implementations Remain,” May 2007.

What GAO Found

Customs and Border Protection (CBP), the Department of Homeland Security (DHS) agency responsible for international passenger prescreening, has planned or is taking several actions designed to strengthen the aviation passenger prescreening process. One such effort involves CBP stationing U.S. personnel overseas to evaluate the authenticity of the travel documents of certain high-risk passengers prior to boarding U.S.-bound flights. Under this pilot program, called the Immigration Advisory Program (IAP), CBP officers personally interview some passengers deemed to be high-risk and evaluate the authenticity and completeness of these passengers’ travel documents. IAP officers also provide technical assistance and training to air carrier staff on the identification of improperly documented passengers destined for the United States. The IAP has been tested at several foreign airports and CBP is negotiating with other countries to expand it elsewhere and to make certain IAP sites permanent. Successful implementation of the IAP rests, in part, on CBP clearly defining the goals and objectives of the program through the development of a strategic plan.

A second aviation passenger prescreening effort designed to strengthen the passenger prescreening process is intended to align international passenger prescreening with a similar program (currently under development) for prescreening passengers on domestic flights. The Transportation Security Administration (TSA)—a separate agency within DHS—is developing a domestic passenger prescreening program called Secure Flight. If CBP’s international prescreening program and TSA’s Secure Flight program are not effectively aligned once Secure Flight becomes operational, this could result in separate implementation requirements for air carriers and increased costs for both air carriers and the government. CBP and TSA officials stated that they are taking steps to coordinate their prescreening efforts, but they have not yet made all key policy decisions.

In addition to these efforts to strengthen certain international aviation passenger prescreening procedures, one other issue requires consideration in the context of these efforts. This issue involves DHS providing the traveling public with assurances of privacy protection as required by federal privacy law. Federal privacy law requires agencies to inform the public about how the government uses their personal information. Although CBP officials have stated that they have taken and are continuing to take steps to comply with these requirements, the current prescreening process allows passenger information to be used in multiple prescreening procedures and transferred among various CBP prescreening systems in ways that are not fully explained in CBP’s privacy disclosures. If CBP does not issue all appropriate disclosures, the traveling public will not be fully aware of how their personal information is being used during the passenger prescreening process.

Posted on May 23, 2007 at 7:18 AM • View Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.