Entries Tagged "national security policy"

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NSA Tracks People Using Google Cookies

The Washington Post has a detailed article on how the NSA uses cookie data to track individuals. The EFF also has a good post on this.

I have been writing and saying that surveillance is the business model of the Internet, and that government surveillance largely piggy backs on corporate capabilities. This is an example of that. The NSA doesn’t need the cooperation of any Internet company to use their cookies for surveillance purposes, but they do need their capabilities. And because the Internet is largely unencrypted, they can use those capabilities for their own purposes.

Reforming the NSA is not just about government surveillance. It has to address the public-private surveillance partnership. Even as a group of large Internet companies have come together to demand government surveillance reform, they are ignoring their own surveillance activities. But you can’t reform one without the other. The Free Software Foundation has written about this as well.

Little has been written about how QUANTUM interacts with cookie surveillance. QUANTUM is the NSA’s program for real-time responses to passive Internet monitoring. It’s what allows them to do packet injection attacks. The NSA’s Tor Stinks presentation talks about a subprogram called QUANTUMCOOKIE: “forces clients to divulge stored cookies.” My guess is that the NSA uses frame injection to surreptitiously force anonymous users to visit common sites like Google and Facebook and reveal their identifying cookies. Combined with the rest of their cookie surveillance activities, this can de-anonymize Tor users if they use Tor from the same browser they use for other Internet activities.

Posted on December 12, 2013 at 6:21 AM • View Comments

Security Tents

The US government sets up secure tents for the president and other officials to deal with classified material while traveling abroad.

Even when Obama travels to allied nations, aides quickly set up the security tent—which has opaque sides and noise-making devices inside—in a room near his hotel suite. When the president needs to read a classified document or have a sensitive conversation, he ducks into the tent to shield himself from secret video cameras and listening devices.

[…]

Following a several-hundred-page classified manual, the rooms are lined with foil and soundproofed. An interior location, preferably with no windows, is recommended.

Posted on November 15, 2013 at 6:28 AM • View Comments

Why the Government Should Help Leakers

In the Information Age, it’s easier than ever to steal and publish data. Corporations and governments have to adjust to their secrets being exposed, regularly.

When massive amounts of government documents are leaked, journalists sift through them to determine which pieces of information are newsworthy, and confer with government agencies over what needs to be redacted.

Managing this reality is going to require that governments actively engage with members of the press who receive leaked secrets, helping them secure those secrets—even while being unable to prevent them from publishing. It might seem abhorrent to help those who are seeking to bring your secrets to light, but it’s the best way to ensure that the things that truly need to be secret remain secret, even as everything else becomes public.

The WikiLeaks cables serve as an excellent example of how a government should not deal with massive leaks of classified information.

WikiLeaks has said it asked US authorities for help in determining what should be redacted before publication of documents, although some government officials have challenged that statement. WikiLeaks’ media partners did redact many documents, but eventually all 250,000 unredacted cables were released to the world as a result of a mistake.

The damage was nowhere near as serious as government officials initially claimed, but it had been avoidable.

Fast-forward to today, and we have an even bigger trove of classified documents. What Edward Snowden took—”exfiltrated” is the National Security Agency term—dwarfs the State Department cables, and contains considerably more important secrets. But again, the US government is doing nothing to prevent a massive data dump.

The government engages with the press on individual stories. The Guardian, the Washington Post, and the New York Times are all redacting the original Snowden documents based on discussions with the government. This isn’t new. The US press regularly consults with the government before publishing something that might be damaging. In 2006, the New York Times consulted with both the NSA and the Bush administration before publishing Mark Klein’s whistle-blowing about the NSA’s eavesdropping on AT&T trunk circuits. In all these cases, the goal is to minimize actual harm to US security while ensuring the press can still report stories in the public interest, even if the government doesn’t want it to.

In today’s world of reduced secrecy, whistleblowing as civil disobedience, and massive document exfiltrations, negotiations over individual stories aren’t enough. The government needs to develop a protocol to actively help news organizations expose their secrets safely and responsibly.

Here’s what should have happened as soon as Snowden’s whistle-blowing became public. The government should have told the reporters and publications with the classified documents something like this: “OK, you have them. We know that we can’t undo the leak. But please let us help. Let us help you secure the documents as you write your stories, and securely dispose of the documents when you’re done.”

The people who have access to the Snowden documents say they don’t want them to be made public in their raw form or to get in the hands of rival governments. But accidents happen, and reporters are not trained in military secrecy practices.

Copies of some of the Snowden documents are being circulated to journalists and others. With each copy, each person, each day, there’s a greater chance that, once again, someone will make a mistake and some—or all—of the raw documents will appear on the Internet. A formal system of working with whistle-blowers could prevent that.

I’m sure the suggestion sounds odious to a government that is actively engaging in a war on whistle-blowers, and that views Snowden as a criminal and the reporters writing these stories as “helping the terrorists.” But it makes sense. Harvard law professor Jonathan Zittrain compares this to plea bargaining.

The police regularly negotiate lenient sentences or probation for confessed criminals in order to convict more important criminals. They make deals with all sorts of unsavory people, giving them benefits they don’t deserve, because the result is a greater good.

In the Snowden case, an agreement would safeguard the most important of NSA’s secrets from other nations’ intelligence agencies. It would help ensure that the truly secret information not be exposed. It would protect US interests.

Why would reporters agree to this? Two reasons. One, they actually do want these documents secured while they look for stories to publish. And two, it would be a public demonstration of that desire.

Why wouldn’t the government just collect all the documents under the pretense of securing them and then delete them? For the same reason they don’t renege on plea bargains: No one would trust them next time. And, of course, because smart reporters will probably keep encrypted backups under their own control.

We’re nowhere near the point where this system could be put into practice, but it’s worth thinking about how it could work. The government would need to establish a semi-independent group, called, say, a Leak Management unit, which could act as an intermediary. Since it would be isolated from the agencies that were the source of the leak, its officials would be less vested and—this is important—less angry over the leak. Over time, it would build a reputation, develop protocols that reporters could rely on. Leaks will be more common in the future, but they’ll still be rare. Expecting each agency to develop expertise in this process is unrealistic.

If there were sufficient trust between the press and the government, this could work. And everyone would benefit.

This essay previously appeared on CNN.com.

Posted on November 8, 2013 at 6:58 AM • View Comments

NSA Eavesdropping on Google and Yahoo Networks

The Washington Post reported that the NSA is eavesdropping on the Google and Yahoo private networks—the code name for the program is MUSCULAR. I may write more about this later, but I have some initial comments:

  • It’s a measure of how far off the rails the NSA has gone that it’s taking its Cold War–era eavesdropping tactics—surreptitiously eavesdropping on foreign networks—and applying them to US corporations. It’s skirting US law by targeting the portion of these corporate networks outside the US. It’s the same sort of legal argument the NSA used to justify collecting address books and buddy lists worldwide.
  • Although the Washington Post article specifically talks about Google and Yahoo, you have to assume that all the other major—and many of the minor—cloud services are compromised this same way. That means Microsoft, Apple, Facebook, Twitter, MySpace, Badoo, Dropbox, and on and on and on.
  • It is well worth re-reading all the government denials about bulk collection and direct access after PRISM was exposed. It seems that it’s impossible to get the truth out of the NSA. Its carefully worded denials always seem to hide what’s really going on.
  • In light of this, PRISM is really just insurance: a way for the NSA to get legal cover for information it already has. My guess is that the NSA collects the vast majority of its data surreptitiously, using programs such as these. Then, when it has to share the information with the FBI or other organizations, it gets it again through a more public program like PRISM.
  • What this really shows is how robust the surveillance state is, and how hard it will be to craft laws reining in the NSA. All the bills being discussed so far only address portions of the problem: specific programs or specific legal justifications. But the NSA’s surveillance infrastructure is much more robust than that. It has many ways into our data, and all sorts of tricks to get around the law. Note this quote from yesterday’s story:

    John Schindler, a former NSA chief analyst and frequent defender who teaches at the Naval War College, said it is obvious why the agency would prefer to avoid restrictions where it can.

    “Look, NSA has platoons of lawyers, and their entire job is figuring out how to stay within the law and maximize collection by exploiting every loophole,” he said. “It’s fair to say the rules are less restrictive under Executive Order 12333 than they are under FISA,” the Foreign Intelligence Surveillance Act.

    No surprise, really. But it illustrates how difficult meaningful reform will be. I wrote this in September:

    It’s time to start cleaning up this mess. We need a special prosecutor, one not tied to the military, the corporations complicit in these programs, or the current political leadership, whether Democrat or Republican. This prosecutor needs free rein to go through the NSA’s files and discover the full extent of what the agency is doing, as well as enough technical staff who have the capability to understand it. He needs the power to subpoena government officials and take their sworn testimony. He needs the ability to bring criminal indictments where appropriate. And, of course, he needs the requisite security clearance to see it all.

    We also need something like South Africa’s Truth and Reconciliation Commission, where both government and corporate employees can come forward and tell their stories about NSA eavesdropping without fear of reprisal.

    Without this, crafting reform legislation will be impossible.

  • Finally, we need more encryption on the Internet. We have made surveillance too cheap, not just for the NSA but for all nation-state adversaries. We need to make it expensive again.

EDITED TO ADD (11/1): We don’t actually know if the NSA did this surreptitiously, or if it had assistance from another US corporation. Level 3 Communications provides the data links to Google, and its statement was sufficiently non-informative as to be suspicious:

In a statement, Level 3 said: “We comply with the laws in each country where we operate. In general, governments that seek assistance in law enforcement or security investigations prohibit disclosure of the assistance provided.”

When I write that the NSA has destroyed the fabric of trust on the Internet, this is the kind of thing I mean. Google can no longer trust its bandwidth providers not to betray the company.

EDITED TO ADD (11/2): The NSA’s denial is pretty lame. It feels as if it’s hardly trying anymore.

We also know that Level 3 Communications already cooperates with the NSA, and has the codename of LITTLE:

The document identified for the first time which telecoms companies are working with GCHQ’s “special source” team. It gives top secret codenames for each firm, with BT (“Remedy”), Verizon Business (“Dacron”), and Vodafone Cable (“Gerontic”). The other firms include Global Crossing (“Pinnage”), Level 3 (“Little”), Viatel (“Vitreous”) and Interoute (“Streetcar”).

Again, those code names should properly be in all caps.

EDITED TO ADD (11/5): More details on the program.

Posted on October 31, 2013 at 10:29 AM • View Comments

Why It's Important to Publish the NSA Programs

The Guardian recently reported on how the NSA targets Tor users, along with details of how it uses centrally placed servers on the Internet to attack individual computers. This builds on a Brazilian news story from a mid-September that, in part, shows that the NSA is impersonating Google servers to users; a German story on how the NSA is hacking into smartphones; and a Guardian story from early September on how the NSA is deliberately weakening common security algorithms, protocols, and products.

The common thread among these stories is that the NSA is subverting the Internet and turning it into a massive surveillance tool. The NSA’s actions are making us all less safe, because its eavesdropping mission is degrading its ability to protect the US.

Among IT security professionals, it has been long understood that the public disclosure of vulnerabilities is the only consistent way to improve security. That’s why researchers publish information about vulnerabilities in computer software and operating systems, cryptographic algorithms, and consumer products like implantable medical devices, cars, and CCTV cameras.

It wasn’t always like this. In the early years of computing, it was common for security researchers to quietly alert the product vendors about vulnerabilities, so they could fix them without the “bad guys” learning about them. The problem was that the vendors wouldn’t bother fixing them, or took years before getting around to it. Without public pressure, there was no rush.

This all changed when researchers started publishing. Now vendors are under intense public pressure to patch vulnerabilities as quickly as possible. The majority of security improvements in the hardware and software we all use today is a result of this process. This is why Microsoft’s Patch Tuesday process fixes so many vulnerabilities every month. This is why Apple’s iPhone is designed so securely. This is why so many products push out security updates so often. And this is why mass-market cryptography has continually improved. Without public disclosure, you’d be much less secure against cybercriminals, hacktivists, and state-sponsored cyberattackers.

The NSA’s actions turn that process on its head, which is why the security community is so incensed. The NSA not only develops and purchases vulnerabilities, but deliberately creates them through secret vendor agreements. These actions go against everything we know about improving security on the Internet.

It’s folly to believe that any NSA hacking technique will remain secret for very long. Yes, the NSA has a bigger research effort than any other institution, but there’s a lot of research being done—by other governments in secret, and in academic and hacker communities in the open. These same attacks are being used by other governments. And technology is fundamentally democratizing: today’s NSA secret techniques are tomorrow’s PhD theses and the following day’s cybercrime attack tools.

It’s equal folly to believe that the NSA’s secretly installed backdoors will remain secret. Given how inept the NSA was at protecting its own secrets, it’s extremely unlikely that Edward Snowden was the first sysadmin contractor to walk out the door with a boatload of them. And the previous leakers could have easily been working for a foreign government. But it wouldn’t take a rogue NSA employee; researchers or hackers could discover any of these backdoors on their own.

This isn’t hypothetical. We already know of government-mandated backdoors being used by criminals in Greece, Italy, and elsewhere. We know China is actively engaging in cyber-espionage worldwide. A recent Economist article called it “akin to a government secretly commanding lockmakers to make their products easier to pick—and to do so amid an epidemic of burglary.”

The NSA has two conflicting missions. Its eavesdropping mission has been getting all the headlines, but it also has a mission to protect US military and critical infrastructure communications from foreign attack. Historically, these two missions have not come into conflict. During the cold war, for example, we would defend our systems and attack Soviet systems.

But with the rise of mass-market computing and the Internet, the two missions have become interwoven. It becomes increasingly difficult to attack their systems and defend our systems, because everything is using the same systems: Microsoft Windows, Cisco routers, HTML, TCP/IP, iPhones, Intel chips, and so on. Finding a vulnerability—or creating one—and keeping it secret to attack the bad guys necessarily leaves the good guys more vulnerable.

Far better would be for the NSA to take those vulnerabilities back to the vendors to patch. Yes, it would make it harder to eavesdrop on the bad guys, but it would make everyone on the Internet safer. If we believe in protecting our critical infrastructure from foreign attack, if we believe in protecting Internet users from repressive regimes worldwide, and if we believe in defending businesses and ourselves from cybercrime, then doing otherwise is lunacy.

It is important that we make the NSA’s actions public in sufficient detail for the vulnerabilities to be fixed. It’s the only way to force change and improve security.

This essay previously appeared in the Guardian.

Posted on October 8, 2013 at 6:44 AM • View Comments

Yochai Benkler on the NSA

Excellent essay:

We have learned that in pursuit of its bureaucratic mission to obtain signals intelligence in a pervasively networked world, the NSA has mounted a systematic campaign against the foundations of American power: constitutional checks and balances, technological leadership, and market entrepreneurship. The NSA scandal is no longer about privacy, or a particular violation of constitutional or legislative obligations. The American body politic is suffering a severe case of auto-immune disease: our defense system is attacking other critical systems of our body.

Posted on September 18, 2013 at 7:06 AM • View Comments

The Limitations of Intelligence

We recently learned that US intelligence agencies had at least three days’ warning that Syrian President Bashar al-Assad was preparing to launch a chemical attack on his own people, but wasn’t able to stop it. At least that’s what an intelligence briefing from the White House reveals. With the combined abilities of our national intelligence apparatus—the CIA, NSA, National Reconnaissance Office and all the rest—it’s not surprising that we had advance notice. It’s not known whether the US shared what it knew.

More interestingly, the US government did not choose to act on that knowledge (for example, launch a preemptive strike), which left some wondering why.

There are several possible explanations, all of which point to a fundamental problem with intelligence information and our national intelligence apparatuses.

The first possibility is that we may have had the data, but didn’t fully understand what it meant. This is the proverbial connect-the-dots problem. As we’ve learned again and again, connecting the dots is hard. Our intelligence services collect billions of individual pieces of data every day. After the fact, it’s easy to walk backward through the data and notice all the individual pieces that point to what actually happened. Before the fact, though, it’s much more difficult. The overwhelming majority of those bits of data point in random directions, or nowhere at all. Almost all the dots don’t connect to anything.

Rather than thinking of intelligence as a connect-the-dots picture, think of it as a million unnumbered pictures superimposed on top of each other. Which picture is the relevant one? We have no idea. Turning that data into actual information is an extraordinarily difficult problem, and one that the vast scope of our data-gathering programs makes even more difficult.

The second possible explanation is that while we had some information about al-Assad’s plans, we didn’t have enough confirmation to act on that information. This is probably the most likely explanation. We can’t act on inklings, hunches, or possibilities. We probably can’t even act on probabilities; we have to be sure. But when it comes to intelligence, it’s hard to be sure. There could always be something else going on—something we’re not able to eavesdrop on, spy on, or see from our satellites. Again, our knowledge is most obvious after the fact.

The third is that while we were sure of our information, we couldn’t act because that would reveal “sources and methods.” This is probably the most frustrating explanation. Imagine we are able to eavesdrop on al-Assad’s most private conversations with his generals and aides, and are absolutely sure of his plans. If we act on them, we reveal that we are eavesdropping. As a result, he’s likely to change how he communicates, costing us our ability to eavesdrop. It might sound perverse, but often the fact that we are able to successfully spy on someone is a bigger secret than the information we learn from that spying.

This dynamic was vitally important during World War II. During the war, the British were able to break the German Enigma encryption machine and eavesdrop on German military communications. But while the Allies knew a lot, they would only act on information they learned when there was another plausible way they could have learned it. They even occasionally manufactured plausible explanations. It was just too risky to tip the Germans off that their encryption machines’ code had been broken.

The fourth possibility is that there was nothing useful we could have done. And it is hard to imagine how we could have prevented the use of chemical weapons in Syria. We couldn’t have launched a preemptive strike, and it’s probable that it wouldn’t have been effective. The only feasible action would be to alert the opposition—and that, too, might not have accomplished anything. Or perhaps there wasn’t sufficient agreement for any one course of action—so, by default, nothing was done.

All of these explanations point out the limitations of intelligence. The NSA serves as an example. The agency measures its success by amount of data collected, not by information synthesized or knowledge gained. But it’s knowledge that matters.

The NSA’s belief that more data is always good, and that it’s worth doing anything in order to collect it, is wrong. There are diminishing returns, and the NSA almost certainly passed that point long ago. But the idea of trade-offs does not seem to be part of its thinking.

The NSA missed the Boston Marathon bombers, even though the suspects left a really sloppy Internet trail and the older brother was on the terrorist watch list. With all the NSA is doing eavesdropping on the world, you would think the least it could manage would be keeping track of people on the terrorist watch list. Apparently not.

I don’t know how the CIA measures its success, but it failed to predict the end of the Cold War.

More data does not necessarily mean better information. It’s much easier to look backward than to predict. Information does not necessarily enable the government to act. Even when we know something, protecting the methods of collection can be more valuable than the possibility of taking action based on gathered information. But there’s not a lot of value to intelligence that can’t be used for action. These are the paradoxes of intelligence, and it’s time we started remembering them.

Of course, we need organizations like the CIA, the NSA, the NRO and all the rest. Intelligence is a vital component of national security, and can be invaluable in both wartime and peacetime. But it is just one security tool among many, and there are significant costs and limitations.

We’ve just learned from the recently leaked “black budget” that we’re spending $52 billion annually on national intelligence. We need to take a serious look at what kind of value we’re getting for our money, and whether it’s worth it.

This essay previously appeared on CNN.com.

Posted on September 17, 2013 at 6:15 AM • View Comments

Reforming the NSA

Leaks from the whistleblower Edward Snowden have catapulted the NSA into newspaper headlines and demonstrated that it has become one of the most powerful government agencies in the country. From the secret court rulings that allow it to collect data on all Americans to its systematic subversion of the entire Internet as a surveillance platform, the NSA has amassed an enormous amount of power.

There are two basic schools of thought about how this came to pass. The first focuses on the agency’s power. Like J. Edgar Hoover, NSA Director Keith Alexander has become so powerful as to be above the law. He is able to get away with what he does because neither political party—and nowhere near enough individual lawmakers—dare cross him. Longtime NSA watcher James Bamford recently quoted a CIA official: “We jokingly referred to him as Emperor Alexander—with good cause, because whatever Keith wants, Keith gets.”

Possibly the best evidence for this position is how well Alexander has weathered the Snowden leaks. The NSA’s most intimate secrets are front-page headlines, week after week. Morale at the agency is in shambles. Revelation after revelation has demonstrated that Alexander has exceeded his authority, deceived Congress, and possibly broken the law. Tens of thousands of additional top-secret documents are still waiting to come. Alexander has admitted that he still doesn’t know what Snowden took with him and wouldn’t have known about the leak at all had Snowden not gone public. He has no idea who else might have stolen secrets before Snowden, or who such insiders might have provided them to. Alexander had no contingency plans in place to deal with this sort of security breach, and even now—four months after Snowden fled the country—still has no coherent response to all this.

For an organization that prides itself on secrecy and security, this is what failure looks like. It is a testament to Alexander’s power that he still has a job.

The second school of thought is that it’s the administration’s fault—not just the present one, but the most recent several. According to this theory, the NSA is simply doing its job. If there’s a problem with the NSA’s actions, it’s because the rules it’s operating under are bad. Like the military, the NSA is merely an instrument of national policy. Blaming the NSA for creating a surveillance state is comparable to blaming the US military for the conduct of the Iraq war. Alexander is performing the mission given to him as best he can, under the rules he has been given, with the sort of zeal you’d expect from someone promoted into that position. And the NSA’s power predated his directorship.

Former NSA Director Michael Hayden exemplifies this in a quote from late July: “Give me the box you will allow me to operate in. I’m going to play to the very edges of that box.”

This doesn’t necessarily mean the administration is deliberately giving the NSA too big a box. More likely, it’s simply that the laws aren’t keeping pace with technology. Every year, technology gives us possibilities that our laws simply don’t cover clearly. And whenever there’s a gray area, the NSA interprets whatever law there is to give them the most expansive authority. They simply run rings around the secret court that rules on these things. My guess is that while they have clearly broken the spirit of the law, it’ll be harder to demonstrate that they broke the letter of the law.

In football terms, the first school of thought says the NSA is out of bounds. The second says the field is too big. I believe that both perspectives have some truth to them, and that the real problem comes from their combination.

Regardless of how we got here, the NSA can’t reform itself. Change cannot come from within; it has to come from above. It’s the job of government: of Congress, of the courts, and of the president. These are the people who have the ability to investigate how things became so bad, rein in the rogue agency, and establish new systems of transparency, oversight, and accountability.

Any solution we devise will make the NSA less efficient at its eavesdropping job. That’s a trade-off we should be willing to make, just as we accept reduced police efficiency caused by requiring warrants for searches and warning suspects that they have the right to an attorney before answering police questions. We do this because we realize that a too-powerful police force is itself a danger, and we need to balance our need for public safety with our aversion of a police state.

The same reasoning needs to apply to the NSA. We want it to eavesdrop on our enemies, but it needs to do so in a way that doesn’t trample on the constitutional rights of Americans, or fundamentally jeopardize their privacy or security. This means that sometimes the NSA won’t get to eavesdrop, just as the protections we put in place to restrain police sometimes result in a criminal getting away. This is a trade-off we need to make willingly and openly, because overall we are safer that way.

Once we do this, there needs to be a cultural change within the NSA. Like at the FBI and CIA after past abuses, the NSA needs new leadership committed to changing its culture. And giving up power.

Our society can handle the occasional terrorist act; we’re resilient, and—if we decided to act that way—indomitable. But a government agency that is above the law… it’s hard to see how America and its freedoms can survive that.

This essay previously appeared on TheAtlantic.com, with the unfortunate title of “Zero Sum: Americans Must Sacrifice Some Security to Reform the NSA.” After I complained, they changed the title to “The NSA-Reform Paradox: Stop Domestic Spying, Get More Security.”

Posted on September 16, 2013 at 6:55 AM • View Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.