Entries Tagged "national security policy"

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Expeditionary Cyberspace Operations

Cyberspace operations now officially has a physical dimension, meaning that the United States has official military doctrine about cyberattacks that also involve an actual human gaining physical access to a piece of computing infrastructure.

A revised version of Joint Publication 3-12 Cyberspace Operations—published in December 2022 and while unclassified, is only available to those with DoD common access cards, according to a Joint Staff spokesperson—officially provides a definition for “expeditionary cyberspace operations,” which are “[c]yberspace operations that require the deployment of cyberspace forces within the physical domains.”

[…]

“Developing access to targets in or through cyberspace follows a process that can often take significant time. In some cases, remote access is not possible or preferable, and close proximity may be required, using expeditionary [cyber operations],” the joint publication states. “Such operations are key to addressing the challenge of closed networks and other systems that are virtually isolated. Expeditionary CO are often more regionally and tactically focused and can include units of the CMF or special operations forces … If direct access to the target is unavailable or undesired, sometimes a similar or partial effect can be created by indirect access using a related target that has higher-order effects on the desired target.”

[…]

“Allowing them to support [combatant commands] in this way permits faster adaptation to rapidly changing needs and allows threats that initially manifest only in one [area of responsibility] to be mitigated globally in near real time. Likewise, while synchronizing CO missions related to achieving [combatant commander] objectives, some cyberspace capabilities that support this activity may need to be forward-deployed; used in multiple AORs simultaneously; or, for speed in time-critical situations, made available via reachback,” it states. “This might involve augmentation or deployment of cyberspace capabilities to forces already forward or require expeditionary CO by deployment of a fully equipped team of personnel and capabilities.”

Posted on May 26, 2023 at 7:12 AMView Comments

New National Cybersecurity Strategy

Last week, the Biden administration released a new National Cybersecurity Strategy (summary here). There is lots of good commentary out there. It’s basically a smart strategy, but the hard parts are always the implementation details. It’s one thing to say that we need to secure our cloud infrastructure, and another to detail what the means technically, who pays for it, and who verifies that it’s been done.

One of the provisions getting the most attention is a move to shift liability to software vendors, something I’ve been advocating for since at least 2003.

Slashdot thread.

Posted on March 6, 2023 at 7:06 AMView Comments

Banning TikTok

Congress is currently debating bills that would ban TikTok in the United States. We are here as technologists to tell you that this is a terrible idea and the side effects would be intolerable. Details matter. There are several ways Congress might ban TikTok, each with different efficacies and side effects. In the end, all the effective ones would destroy the free Internet as we know it.

There’s no doubt that TikTok and ByteDance, the company that owns it, are shady. They, like most large corporations in China, operate at the pleasure of the Chinese government. They collect extreme levels of information about users. But they’re not alone: Many apps you use do the same, including Facebook and Instagram, along with seemingly innocuous apps that have no need for the data. Your data is bought and sold by data brokers you’ve never heard of who have few scruples about where the data ends up. They have digital dossiers on most people in the United States.

If we want to address the real problem, we need to enact serious privacy laws, not security theater, to stop our data from being collected, analyzed, and sold—by anyone. Such laws would protect us in the long term, and not just from the app of the week. They would also prevent data breaches and ransomware attacks from spilling our data out into the digital underworld, including hacker message boards and chat servers, hostile state actors, and outside hacker groups. And, most importantly, they would be compatible with our bedrock values of free speech and commerce, which Congress’s current strategies are not.

At best, the TikTok ban considered by Congress would be ineffective; at worst, a ban would force us to either adopt China’s censorship technology or create our own equivalent. The simplest approach, advocated by some in Congress, would be to ban the TikTok app from the Apple and Google app stores. This would immediately stop new updates for current users and prevent new users from signing up. To be clear, this would not reach into phones and remove the app. Nor would it prevent Americans from installing TikTok on their phones; they would still be able to get it from sites outside of the United States. Android users have long been able to use alternative app repositories. Apple maintains a tighter control over what apps are allowed on its phones, so users would have to “jailbreak”—or manually remove restrictions from—their devices to install TikTok.

Even if app access were no longer an option, TikTok would still be available more broadly. It is currently, and would still be, accessible from browsers, whether on a phone or a laptop. As long as the TikTok website is hosted on servers outside of the United States, the ban would not affect browser access.

Alternatively, Congress might take a financial approach and ban US companies from doing business with ByteDance. Then-President Donald Trump tried this in 2020, but it was blocked by the courts and rescinded by President Joe Biden a year later. This would shut off access to TikTok in app stores and also cut ByteDance off from the resources it needs to run TikTok. US cloud-computing and content-distribution networks would no longer distribute TikTok videos, collect user data, or run analytics. US advertisers—and this is critical—could no longer fork over dollars to ByteDance in the hopes of getting a few seconds of a user’s attention. TikTok, for all practical purposes, would cease to be a business in the United States.

But Americans would still be able to access TikTok through the loopholes discussed above. And they will: TikTok is one of the most popular apps ever made; about 70% of young people use it. There would be enormous demand for workarounds. ByteDance could choose to move its US-centric services right over the border to Canada, still within reach of American users. Videos would load slightly slower, but for today’s TikTok users, it would probably be acceptable. Without US advertisers ByteDance wouldn’t make much money, but it has operated at a loss for many years, so this wouldn’t be its death knell.

Finally, an even more restrictive approach Congress might take is actually the most dangerous: dangerous to Americans, not to TikTok. Congress might ban the use of TikTok by anyone in the United States. The Trump executive order would likely have had this effect, were it allowed to take effect. It required that US companies not engage in any sort of transaction with TikTok and prohibited circumventing the ban. . If the same restrictions were enacted by Congress instead, such a policy would leave business or technical implementation details to US companies, enforced through a variety of law enforcement agencies.

This would be an enormous change in how the Internet works in the United States. Unlike authoritarian states such as China, the US has a free, uncensored Internet. We have no technical ability to ban sites the government doesn’t like. Ironically, a blanket ban on the use of TikTok would necessitate a national firewall, like the one China currently has, to spy on and censor Americans’ access to the Internet. Or, at the least, authoritarian government powers like India’s, which could force Internet service providers to censor Internet traffic. Worse still, the main vendors of this censorship technology are in those authoritarian states. China, for example, sells its firewall technology to other censorship-loving autocracies such as Iran and Cuba.

All of these proposed solutions raise constitutional issues as well. The First Amendment protects speech and assembly. For example, the recently introduced Buck-Hawley bill, which instructs the president to use emergency powers to ban TikTok, might threaten separation of powers and may be relying on the same mechanisms used by Trump and stopped by the court. (Those specific emergency powers, provided by the International Emergency Economic Powers Act, have a specific exemption for communications services.) And individual states trying to beat Congress to the punch in regulating TikTok or social media generally might violate the Constitution’s Commerce Clause—which restricts individual states from regulating interstate commerce—in doing so.

Right now, there’s nothing to stop Americans’ data from ending up overseas. We’ve seen plenty of instances—from Zoom to Clubhouse to others—where data about Americans collected by US companies ends up in China, not by accident but because of how those companies managed their data. And the Chinese government regularly steals data from US organizations for its own use: Equifax, Marriott Hotels, and the Office of Personnel Management are examples.

If we want to get serious about protecting national security, we have to get serious about data privacy. Today, data surveillance is the business model of the Internet. Our personal lives have turned into data; it’s not possible to block it at our national borders. Our data has no nationality, no cost to copy, and, currently, little legal protection. Like water, it finds every crack and flows to every low place. TikTok won’t be the last app or service from abroad that becomes popular, and it is distressingly ordinary in terms of how much it spies on us. Personal privacy is now a matter of national security. That needs to be part of any debate about banning TikTok.

This essay was written with Barath Raghavan, and previously appeared in Foreign Policy.

EDITED TO ADD (3/13): Glenn Gerstell, former general counsel of the NSA, has similar things to say.

Posted on February 27, 2023 at 7:06 AMView Comments

Passwords Are Terrible (Surprising No One)

This is the result of a security audit:

More than a fifth of the passwords protecting network accounts at the US Department of the Interior—including Password1234, Password1234!, and ChangeItN0w!—were weak enough to be cracked using standard methods, a recently published security audit of the agency found.

[…]

The results weren’t encouraging. In all, the auditors cracked 18,174—or 21 percent—­of the 85,944 cryptographic hashes they tested; 288 of the affected accounts had elevated privileges, and 362 of them belonged to senior government employees. In the first 90 minutes of testing, auditors cracked the hashes for 16 percent of the department’s user accounts.

The audit uncovered another security weakness—the failure to consistently implement multi-factor authentication (MFA). The failure extended to 25—­or 89 percent—­of 28 high-value assets (HVAs), which, when breached, have the potential to severely impact agency operations.

Original story:

To make their point, the watchdog spent less than $15,000 on building a password-cracking rig—a setup of a high-performance computer or several chained together ­- with the computing power designed to take on complex mathematical tasks, like recovering hashed passwords. Within the first 90 minutes, the watchdog was able to recover nearly 14,000 employee passwords, or about 16% of all department accounts, including passwords like ‘Polar_bear65’ and ‘Nationalparks2014!’.

Posted on February 1, 2023 at 7:08 AMView Comments

NIST Is Updating Its Cybersecurity Framework

NIST is planning a significant update of its Cybersecurity Framework. At this point, it’s asking for feedback and comments to its concept paper.

  1. Do the proposed changes reflect the current cybersecurity landscape (standards, risks, and technologies)?
  2. Are the proposed changes sufficient and appropriate? Are there other elements that should be considered under each area?
  3. Do the proposed changes support different use cases in various sectors, types, and sizes of organizations (and with varied capabilities, resources, and technologies)?
  4. Are there additional changes not covered here that should be considered?
  5. For those using CSF 1.1, would the proposed changes affect continued adoption of the Framework, and how so?
  6. For those not using the Framework, would the proposed changes affect the potential use of the Framework?

The NIST Cybersecurity Framework has turned out to be an excellent resource. If you use it at all, please help with version 2.0.

EDITED TO ADD (2/14): Details on progress and how to engage.

Posted on January 30, 2023 at 7:13 AMView Comments

US Cyber Command Operations During the 2022 Midterm Elections

The head of both US Cyber Command and the NSA, Gen. Paul Nakasone, broadly discussed that first organization’s offensive cyber operations during the runup to the 2022 midterm elections. He didn’t name names, of course:

We did conduct operations persistently to make sure that our foreign adversaries couldn’t utilize infrastructure to impact us,” said Nakasone. “We understood how foreign adversaries utilize infrastructure throughout the world. We had that mapped pretty well. And we wanted to make sure that we took it down at key times.”

Nakasone noted that Cybercom’s national mission force, aided by NSA, followed a “campaign plan” to deprive the hackers of their tools and networks. “Rest assured,” he said. “We were doing operations well before the midterms began, and we were doing operations likely on the day of the midterms.” And they continued until the elections were certified, he said.

We know Cybercom did similar things in 2018 and 2020, and presumably will again in two years.

Posted on January 25, 2023 at 7:00 AMView Comments

Bulk Surveillance of Money Transfers

Just another obscure warrantless surveillance program.

US law enforcement can access details of money transfers without a warrant through an obscure surveillance program the Arizona attorney general’s office created in 2014. A database stored at a nonprofit, the Transaction Record Analysis Center (TRAC), provides full names and amounts for larger transfers (above $500) sent between the US, Mexico and 22 other regions through services like Western Union, MoneyGram and Viamericas. The program covers data for numerous Caribbean and Latin American countries in addition to Canada, China, France, Malaysia, Spain, Thailand, Ukraine and the US Virgin Islands. Some domestic transfers also enter the data set.

[…]

You need to be a member of law enforcement with an active government email account to use the database, which is available through a publicly visible web portal. Leber told The Journal that there haven’t been any known breaches or instances of law enforcement misuse. However, Wyden noted that the surveillance program included more states and countries than previously mentioned in briefings. There have also been subpoenas for bulk money transfer data from Homeland Security Investigations (which withdrew its request after Wyden’s inquiry), the DEA and the FBI.

How is it that Arizona can be in charge of this?

Wall Street Journal podcast—with transcript—on the program. I think the original reporting was from last March, but I missed it back then.

Posted on January 24, 2023 at 7:14 AMView Comments

The US Has a Shortage of Bomb-Sniffing Dogs

Nothing beats a dog’s nose for detecting explosives. Unfortunately, there aren’t enough dogs:

Last month, the US Government Accountability Office (GAO) released a nearly 100-page report about working dogs and the need for federal agencies to better safeguard their health and wellness. The GOA says that as of February the US federal government had approximately 5,100 working dogs, including detection dogs, across three federal agencies. Another 420 dogs “served the federal government in 24 contractor-managed programs within eight departments and two independent agencies,” the GAO report says.

The report also underscores the demands placed on detection dogs and the potential for overwork if there aren’t enough dogs available. “Working dogs might need the strength to suddenly run fast, or to leap over a tall barrier, as well as the physical stamina to stand or walk all day,” the report says. “They might need to search over rubble or in difficult environmental conditions, such as extreme heat or cold, often wearing heavy body armor. They also might spend the day detecting specific scents among thousands of others, requiring intense mental concentration. Each function requires dogs to undergo specialized training.”

A decade and a half ago I was optimistic about bomb-sniffing bees and wasps, but nothing seems to have come of that.

Posted on November 23, 2022 at 11:23 AMView Comments

Regulating DAOs

In August, the US Treasury’s Office of Foreign Assets Control (OFAC) sanctioned the cryptocurrency platform Tornado Cash, a virtual currency “mixer” designed to make it harder to trace cryptocurrency transactions—and a worldwide favorite money-laundering platform. Americans are now forbidden from using it. According to the US government, Tornado Cash was sanctioned because it allegedly laundered over $7 billion in cryptocurrency, $455 million of which was stolen by a North Korean state-sponsored hacking group.

Tornado Cash is not a traditional company run by human beings, but instead a series of “smart contracts”: self-executing code that exists only as software. Critics argue that prohibiting Americans from using Tornado Cash is a restraint of free speech, pointing to court rulings in the 1990s that established that computer language is a form of language, and that software programs are a form of speech. They also suggest that the Treasury Department has the authority to sanction only humans and not software.

We think that the most useful way to understand the speech issues involved with regulating Tornado Cash and other decentralized autonomous organizations (DAOs) is through an analogy: the golem. There are many versions of the Jewish golem legend, but in most of them, a person-like clay statue comes to life after someone writes the word “truth” in Hebrew on its forehead, and eventually starts doing terrible things. The golem stops only when a rabbi erases one of those letters, turning “truth” into the Hebrew word for “death,” and the golem ceases to function.

The analogy between DAOs and golems is quite precise, and has important consequences for the relationship between free speech and code. Ultimately, just as the golem needed the intervention of a rabbi to stop wreaking havoc on the world, so too do DAOs need to be subject to regulation.

The equivalency of code and free speech was established during the first “crypto wars” of the 1990s, which were about cryptography, not cryptocurrencies. US agencies tried to use export control laws to prevent sophisticated cryptography software from being exported outside the US. Activists and lawyers cleverly showed how code could be transformed into speech and vice versa, turning the source code for a cryptographic product into a printed book and daring US authorities to prevent its export. In 1996, US District Judge Marilyn Hall Patel ruled that computer code is a language, just like German or French, and that coded programs deserve First Amendment protection. That such code is also functional, instructing a computer to do something, was irrelevant to its expressive capabilities, according to Patel’s ruling. However, both a concurring and dissenting opinion argued that computer code also has the “functional purpose of controlling computers and, in that regard, does not command protection under the First Amendment.”

This disagreement highlights the awkward distinction between ordinary language and computer code. Language does not change the world, except insofar as it persuades, informs, or compels other people. Code, however, is a language where words have inherent power. Type the appropriate instructions and the computer will implement them without hesitation, second-guessing, or independence of will. They are like the words inscribed on a golem’s forehead (or the written instructions that, in some versions of the folklore, are placed in its mouth). The golem has no choice, because it is incapable of making choices. The words are code, and the golem is no different from a computer.

Unlike ordinary organizations, DAOs don’t rely on human beings to carry out many of their core functions. Instead, those functions have been translated into a set of instructions that are implemented in software. In the case of Tornado Cash, its code exists as part of Ethereum, a widely used cryptocurrency that can also run arbitrary computer code.

Cryptocurrency zealots thought that DAOs would allow them to place their trust in secure computer code, which would do exactly what they wanted it to do, rather than fallible human beings who might fail or cheat. Humans could still have input, but under rules that were enshrined in self-running software. The past several years of DAO activity has taught these zealots a series of painful and expensive lessons on the limits of both computer security and incomplete contracts: Software has bugs, and contracts may do weird things under unanticipated circumstances. The combination frequently results in multimillion-dollar frauds and thefts.

Further complicating the matter is that individual DAOs can have very different rules. DAOs were supposed to create truly decentralized services that could never turn into a source of state power and coercion. Today, some DAOs talk a big game about decentralization, but provide power to founders and big investors like Andreessen Horowitz. Others are deliberately set up to frustrate outside control. Indeed, the creators of Tornado Cash explicitly wanted to create a golem-like entity that would be immune from law. In doing so, they were following in a long libertarian tradition.

In 2014, Gavin Woods, one of Ethereum’s core developers, gave a talk on what he called “allegality” of decentralized software services. Woods’s argument was very simple. Companies like PayPal employ real people and real lawyers. That meant that “if they provide a service to you that is deemed wrong or illegal … then they get fucked … maybe [go] to prison.” But cryptocurrencies like Bitcoin “had no operator.” By using software running on blockchains rather than people to run your organization, you could do an end-run around normal, human law. You could create services that “cannot be shut down. Not by a court, not by a police force, not by a nation state.” People would be able to set whatever rules they wanted, regardless of what any government prohibited.

Woods’s speech helped inspire the first DAO (The DAO), and his ideas live on in Tornado Cash. Tornado Cash was designed, in its founder’s words, “to be unstoppable.” The way the protocol is “designed, decentralized and autonomous …[,] there’s nobody in charge.” The people who ran Tornado Cash used a decentralized protocol running on the Ethereum computing platform, which is itself radically decentralized. But they used indelible ink. The protocol was deliberately instructed never to accept an update command.

Other elements of Tornado Cash—­its website, and the GitHub repository where its source code was stored—­have been taken down. But the protocol that actually mixes cryptocurrency is still available through the Ethereum network, even if it doesn’t have a user-friendly front end. Like a golem that has been set in motion, it will just keep on going, taking in, processing, and returning cryptocurrency according to its original instructions.

This gets us to the argument that the US government, by sanctioning a software program, is restraining free speech. Not only is it more complicated than that, but it’s complicated in ways that undercut this argument. OFAC’s actions aren’t aimed against free speech and the publication of source code, as its clarifications have made clear. Researchers are not prohibited from copying, posting, “discussing, teaching about, or including open-source code in written publications, such as textbooks.” GitHub could potentially still host the source code and the project. OFAC’s actions are aimed at preventing persons from using software applications that undercut one of the most basic functions of government: regulating activities that it deems endangers national security.

The question is whether the First Amendment covers golems. When your words are used not to persuade or argue, but to animate a mindless entity that will exist as long as the Ethereum blockchain exists and will carry out your final instructions no matter what, should your golem be immune from legal action?

When Patel issued her famous ruling, she caustically dismissed the argument that “even one drop of ‘direct functionality'” overwhelmed people’s expressive rights. Arguably, the question with Tornado Cash is whether a possibly notional droplet of free speech expressivity can overwhelm the direct functionality of running code, especially code designed to refuse any further human intervention. The Tornado Cash protocol will accept and implement the routine commands described by its protocol: It will still launder cryptocurrency. But the protocol itself is frozen.

We certainly don’t think that the US government should ban DAOs or code running on Ethereum or other blockchains, or demand any universal right of access to their workings. That would be just as sweeping—and wrong—as the general claim that encrypted messaging results in a “lawless space,” or the contrary notion that regulating code is always a prior restraint on free speech. There is wide scope for legitimate disagreement about government regulation of code and its legal authorities over distributed systems.

However, it’s hard not to sympathize with OFAC’s desire to push back against a radical effort to undermine the very idea of government authority. What would happen if the Tornado Cash approach to the law prevailed? That is, what would be the outcome if judges and politicians decided that entities like Tornado Cash could not be regulated, on free speech or any other grounds?

Likely, anyone who wanted to facilitate illegal activities would have a strong incentive to turn their operation into a DAO—and then throw away the key. Ethereum’s programming language is Turing-complete. That means, as Woods argued back in 2014, that one could turn all kinds of organizational rules into software, whether or not they were against the law.

In practice, it wouldn’t be so easy. Turning business principles into running code is hard, and doing it without creating bugs or loopholes is much harder still. Ethereum and other blockchains still have hard limits on computing power. But human ingenuity can accomplish many things when there’s a lot of money at stake.

People have legitimate reasons for seeking anonymity in their financial transactions, but these reasons need to be weighed against other harms to society. As privacy advocate Cory Doctorow wrote recently: “When you combine anonymity with finance—­not the right to speak anonymously, but the right to run an investment fund anonymously—you’re rolling out the red carpet for serial scammers, who can run a scam, get caught, change names, and run it again, incorporating the lessons they learned.”

It’s a mistake to defend DAOs on the grounds that code is free speech. Some code is speech, but not all code is speech. And code can also directly affect the world. DAOs, which are in essence autonomous golems, made from code rather than clay, make this distinction especially stark.

This will become even more important as robots become more capable and prevalent. Robots are even more obviously golems than DAOs are, performing actions in the physical world. Should their code enjoy a safe harbor from the law? What if robots, like DAOs, are designed to obey only their initial instructions, however unlawful­—and refuse all further updates or commands? Assuming that code is free speech and only free speech, and ignoring its functional purpose, will at best tangle the law up in knots.

Tying free speech arguments to the cause of DAOs like Tornado Cash imperils some of the important free speech victories that were won in the past. But the risks for everyone might be even greater if that argument wins. A world where democratic governments are unable to enforce their laws is not a world where civic spaces or civil liberties will thrive.

This essay was written with Henry Farrell, and previously appeared on Lawfare.com.

EDITED TO ADD (10/26): Peter Van Valkenburgh wrote a rebuttal to our essay. My co-author responds. And Evan Geer, who started this whole conversation, responds to Henry.

Posted on October 14, 2022 at 9:08 AMView Comments

The Justice Department Will No Longer Charge Security Researchers with Criminal Hacking

Following a recent Supreme Court ruling, the Justice Department will no longer prosecute “good faith” security researchers with cybercrimes:

The policy for the first time directs that good-faith security research should not be charged. Good faith security research means accessing a computer solely for purposes of good-faith testing, investigation, and/or correction of a security flaw or vulnerability, where such activity is carried out in a manner designed to avoid any harm to individuals or the public, and where the information derived from the activity is used primarily to promote the security or safety of the class of devices, machines, or online services to which the accessed computer belongs, or those who use such devices, machines, or online services.

[…]

The new policy states explicitly the longstanding practice that “the department’s goals for CFAA enforcement are to promote privacy and cybersecurity by upholding the legal right of individuals, network owners, operators, and other persons to ensure the confidentiality, integrity, and availability of information stored in their information systems.” Accordingly, the policy clarifies that hypothetical CFAA violations that have concerned some courts and commentators are not to be charged. Embellishing an online dating profile contrary to the terms of service of the dating website; creating fictional accounts on hiring, housing, or rental websites; using a pseudonym on a social networking site that prohibits them; checking sports scores at work; paying bills at work; or violating an access restriction contained in a term of service are not themselves sufficient to warrant federal criminal charges. The policy focuses the department’s resources on cases where a defendant is either not authorized at all to access a computer or was authorized to access one part of a computer—such as one email account—and, despite knowing about that restriction, accessed a part of the computer to which his authorized access did not extend, such as other users’ emails.

News article.

EDITED TO ADD (6/14): Josephine Wolff writes about this update.

Posted on May 24, 2022 at 6:11 AMView Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.