Entries Tagged "national security policy"

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Anonymization and the Law

Interesting paper: “Anonymization and Risk,” by Ira S. Rubinstein and Woodrow Hartzog:

Abstract: Perfect anonymization of data sets has failed. But the process of protecting data subjects in shared information remains integral to privacy practice and policy. While the deidentification debate has been vigorous and productive, there is no clear direction for policy. As a result, the law has been slow to adapt a holistic approach to protecting data subjects when data sets are released to others. Currently, the law is focused on whether an individual can be identified within a given set. We argue that the better locus of data release policy is on the process of minimizing the risk of reidentification and sensitive attribute disclosure. Process-based data release policy, which resembles the law of data security, will help us move past the limitations of focusing on whether data sets have been “anonymized.” It draws upon different tactics to protect the privacy of data subjects, including accurate deidentification rhetoric, contracts prohibiting reidentification and sensitive attribute disclosure, data enclaves, and query-based strategies to match required protections with the level of risk. By focusing on process, data release policy can better balance privacy and utility where nearly all data exchanges carry some risk.

Posted on July 11, 2016 at 6:31 AMView Comments

Intellectual Property as National Security

Interesting research: Debora Halbert, “Intellectual property theft and national security: Agendas and assumptions“:

Abstract: About a decade ago, intellectual property started getting systematically treated as a national security threat to the United States. The scope of the threat is broadly conceived to include hacking, trade secret theft, file sharing, and even foreign students enrolling in American universities. In each case, the national security of the United States is claimed to be at risk, not just its economic competitiveness. This article traces the U.S. government’s efforts to establish and articulate intellectual property theft as a national security issue. It traces the discourse on intellectual property as a security threat and its place within the larger security dialogue of cyberwar and cybersecurity. It argues that the focus on the theft of intellectual property as a security issue helps justify enhanced surveillance and control over the Internet and its future development. Such a framing of intellectual property has consequences for how we understand information exchange on the Internet and for the future of U.S. diplomatic relations around the globe.

EDITED TO ADD (7/6): Preliminary version, no paywall.

Posted on July 5, 2016 at 10:54 AMView Comments

Situational Awareness and Crime Prevention

Ronald V. Clarke argues for more situational awareness in crime prevention. Turns out if you make crime harder, it goes down. And this has profound policy implications.

Whatever the benefits for Criminology, the real benefits of a greater focus on crime than criminality would be for crime policy. The fundamental attribution error is the main impediment to formulating a broader set of policies to control crime. Nearly everyone believes that the best way to control crime is to prevent people from developing into criminals in the first place or, failing that, to use the criminal justice system to deter or rehabilitate them. This has led directly to overuse of the system at vast human and economic cost.

Hardly anyone recognizes—whether politicians, public intellectuals, government policy makers, police or social workers—that focusing on the offender is dealing with only half the problem. We need also to deal with the many and varied ways in which society inadvertently creates the opportunities for crime that motivated offenders exploit by (i) manufacturing crime-prone goods, (ii) practicing poor management in many spheres of everyday life, (iii) permitting poor layout and design of places, (iv) neglecting the security of the vast numbers of electronic systems that regulate our everyday lives and, (v) enacting laws with unintended benefits for crime.

Situational prevention has accumulated dozens of successes in chipping away at some of the problems created by these conditions, which attests to the principles formulated so many years ago in Home Office research. Much more surprising, however, is that the same thing has been happening in every sector of modern life without any assistance from governments or academics. I am referring to the security measures that hundreds, perhaps thousands, of private and public organizations have been taking in the past 2-3 decades to protect themselves from crime.

Posted on June 21, 2016 at 12:16 PMView Comments

CIA Director John Brennan Pretends Foreign Cryptography Doesn't Exist

Last week, CIA director John Brennan told a Senate committee that there wasn’t any strong cryptography outside of the US.

CIA director John Brennan told US senators they shouldn’t worry about mandatory encryption backdoors hurting American businesses.

And that’s because, according to Brennan, there’s no one else for people to turn to: if they don’t want to use US-based technology because it’s been forced to use weakened cryptography, they’ll be out of luck because non-American solutions are simply “theoretical.”

Here’s the quote:

“US companies dominate the international market as far as encryption technologies that are available through these various apps, and I think we will continue to dominate them,” Brennan said.

“So although you are right that there’s the theoretical ability of foreign companies to have those encryption capabilities available to others, I do believe that this country and its private sector are integral to addressing these issues.”

Is he actually lying there? I suppose it is possible that he’s simply that ignorant. Strong foreign cryptography hasn’t been “theoretical” for decades. And earlier this year, I released a survey of foreign cryptography products, listing 546 non-theoretical products from 54 countries outside the US.

I know Sen. Wyden knows about my survey. I hope he asks Brennan about it.

Slashdot thread. HackerNews thread.

EDITED TO ADD (6/22): Herb Lin comments.

Posted on June 20, 2016 at 12:24 PMView Comments

Financial Cyber Risk Is Not Systemic Risk

This interesting essay argues that financial risks are generally not systemic risks, and instead are generally much smaller. That’s certainly been our experience to date:

While systemic risk is frequently invoked as a key reason to be on guard for cyber risk, such a connection is quite tenuous. A cyber event might in extreme cases result in a systemic crisis, but to do so needs highly fortuitous timing.

From the point of view of policymaking, rather than simply asserting systemic consequences for cyber risks, it would be better if the cyber discussion were better integrated into the existing macroprudential dialogue. To us, the overall discussion of cyber and systemic risk seems to be too focused on IT considerations and not enough on economic consequences.

After all, if there are systemic consequences from cyber risk, the chain of causality will be found in the macroprudential domain.

Posted on June 10, 2016 at 12:56 PMView Comments

Arresting People for Walking Away from Airport Security

A proposed law in Albany, NY, would make it a crime to walk away from airport screening.

Aside from wondering why county lawmakers are getting involved with what should be national policy, you have to ask: what are these people thinking?

They’re thinking in stories, of course. They have a movie plot in their heads, and they are imaging how this measure solves it.

The law is intended to cover what Apple described as a soft spot in the current system that allows passengers to walk away without boarding their flights if security staff flags them for additional scrutiny.

That could include would-be terrorists probing for weaknesses, Apple said, adding that his deputies currently have no legal grounds to question such a person.

Does anyone have any idea what stories these people have in their heads? What sorts of security weaknesses are exposed by walking up to airport security and then walking away?

Posted on May 31, 2016 at 6:35 AMView Comments

More on the Going Dark Debate

Lawfare is turning out to be the go-to blog for policy wonks about various government debates on cybersecurity. There are two good posts this week on the Going Dark debate.

The first is from those of us who wrote the “Keys Under Doormats” paper last year, criticizing the concept of backdoors and key escrow. We were responding to a half-baked proposal on how to give the government access without causing widespread insecurity, and we pointed out where almost of all of these sorts of proposals fall short:

1. Watch for systems that rely on a single powerful key or a small set of them.

2. Watch for systems using high-value keys over and over and still claiming not to increase risk.

3. Watch for the claim that the abstract algorithm alone is the measure of system security.

4. Watch for the assumption that scaling anything on the global Internet is easy.

5. Watch for the assumption that national borders are not a factor.

6. Watch for the assumption that human rights and the rule of law prevail throughout the world.

The second is by Susan Landau, and is a response to the ODNI’s response to the “Don’t Panic” report. Our original report said basically that the FBI wasn’t going dark and that surveillance information is everywhere. At a Senate hearing, Sen. Wyden requested that the Office of the Director of National Intelligence respond to the report. It did—not very well, honestly—and Landau responded to that response. She pointed out that there really wasn’t much disagreement: that the points it claimed to have issue with were actually points we made and agreed with.

In the end, the ODNI’s response to our report leaves me somewhat confused. The reality is that the only strong disagreement seems to be with an exaggerated view of one finding. It almost appears as if ODNI is using the Harvard report as an opportunity to say, “Widespread use of encryption will make our work life more difficult.” Of course it will. Widespread use of encryption will also help prevent some of the cybersecurity exploits and attacks we have been experiencing over the last decade. The ODNI letter ignored that issue.

EDITED TO ADD: Related is this article where James Comey defends spending $1M+ on that iPhone vulnerability. There’s some good discussion of the vulnerabilities equities process, and the FBI’s technical lack of sophistication.

Posted on May 13, 2016 at 6:55 AMView Comments

FTC Investigating Android Patching Practices

It’s a known truth that most Android vulnerabilities don’t get patched. It’s not Google’s fault. It releases the patches, but the phone carriers don’t push them down to their smartphone users.

Now the Federal Communications Commission and the Federal Trade Commission are investigating, sending letters to major carriers and device makers.

I think this is a good thing. This is a long-existing market failure, and a place where we need government regulation to make us all more secure.

Posted on May 11, 2016 at 2:37 PMView Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.