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The NSA is Commandeering the Internet

It turns out that the NSA’s domestic and world-wide surveillance apparatus is even more extensive than we thought. Bluntly: The government has commandeered the Internet. Most of the largest Internet companies provide information to the NSA, betraying their users. Some, as we’ve learned, fight and lose. Others cooperate, either out of patriotism or because they believe it’s easier that way.

I have one message to the executives of those companies: fight.

Do you remember those old spy movies, when the higher ups in government decide that the mission is more important than the spy’s life? It’s going to be the same way with you. You might think that your friendly relationship with the government means that they’re going to protect you, but they won’t. The NSA doesn’t care about you or your customers, and will burn you the moment it’s convenient to do so.

We’re already starting to see that. Google, Yahoo, Microsoft and others are pleading with the government to allow them to explain details of what information they provided in response to National Security Letters and other government demands. They’ve lost the trust of their customers, and explaining what they do—and don’t do—is how to get it back. The government has refused; they don’t care.

It will be the same with you. There are lots more high-tech companies who have cooperated with the government. Most of those company names are somewhere in the thousands of documents that Edward Snowden took with him, and sooner or later they’ll be released to the public. The NSA probably told you that your cooperation would forever remain secret, but they’re sloppy. They’ll put your company name on presentations delivered to thousands of people: government employees, contractors, probably even foreign nationals. If Snowden doesn’t have a copy, the next whistleblower will.

This is why you have to fight. When it becomes public that the NSA has been hoovering up all of your users’ communications and personal files, what’s going to save you in the eyes of those users is whether or not you fought. Fighting will cost you money in the short term, but capitulating will cost you more in the long term.

Already companies are taking their data and communications out of the US.

The extreme case of fighting is shutting down entirely. The secure e-mail service Lavabit did that last week, abruptly. Ladar Levison, that site’s owner, wrote on his homepage: “I have been forced to make a difficult decision: to become complicit in crimes against the American people or walk away from nearly ten years of hard work by shutting down Lavabit. After significant soul searching, I have decided to suspend operations. I wish that I could legally share with you the events that led to my decision.”

The same day, Silent Circle followed suit, shutting down their e-mail service in advance of any government strong-arm tactics: “We see the writing the wall, and we have decided that it is best for us to shut down Silent Mail now. We have not received subpoenas, warrants, security letters, or anything else by any government, and this is why we are acting now.” I realize that this is extreme. Both of those companies can do it because they’re small. Google or Facebook couldn’t possibly shut themselves off rather than cooperate with the government. They’re too large; they’re public. They have to do what’s economically rational, not what’s moral.

But they can fight. You, an executive in one of those companies, can fight. You’ll probably lose, but you need to take the stand. And you might win. It’s time we called the government’s actions what they really are: commandeering. Commandeering is a practice we’re used to in wartime, where commercial ships are taken for military use, or production lines are converted to military production. But now it’s happening in peacetime. Vast swaths of the Internet are being commandeered to support this surveillance state.

If this is happening to your company, do what you can to isolate the actions. Do you have employees with security clearances who can’t tell you what they’re doing? Cut off all automatic lines of communication with them, and make sure that only specific, required, authorized acts are being taken on behalf of government. Only then can you look your customers and the public in the face and say that you don’t know what is going on—that your company has been commandeered.

Journalism professor Jeff Jarvis recently wrote in the Guardian: “Technology companies: now is the moment when you must answer for us, your users, whether you are collaborators in the US government’s efforts to ‘collect it all—our every move on the internet—or whether you, too, are victims of its overreach.”

So while I’m sure it’s cool to have a secret White House meeting with President Obama—I’m talking to you, Google, Apple, AT&T, and whoever else was in the room—resist. Attend the meeting, but fight the secrecy. Whose side are you on?

The NSA isn’t going to remain above the law forever. Already public opinion is changing, against the government and their corporate collaborators. If you want to keep your users’ trust, demonstrate that you were on their side.

This essay originally appeared on TheAtlantic.com.

Slashdot thread. And a good interview with Lavabit’s founder.

Posted on August 15, 2013 at 6:10 AM • View Comments

Book Review: Rise of the Warrior Cop

Rise of the Warrior Cop: The Militarization of America’s Police Forces, by Radley Balko, PublicAffairs, 2013, 400 pages.

War as a rhetorical concept is firmly embedded in American culture. Over the past several decades, federal and local law enforcement has been enlisted in a war on crime, a war on drugs and a war on terror. These wars are more than just metaphors designed to rally public support and secure budget appropriations. They change the way we think about what the police do. Wars mean shooting first and asking questions later. Wars require military tactics and weaponry. Wars mean civilian casualties.

Over the decades, the war metaphor has resulted in drastic changes in the way the police operate. At both federal and state levels, the formerly hard line between police and military has blurred. Police are increasingly using military weaponry, employing military tactics and framing their mission using military terminology. Right now, there is a Third Amendment case—that’s the one about quartering soldiers in private homes without consent—making its way through the courts. It involves someone who refused to allow the police to occupy his home in order to gain a “tactical advantage” against the house next-door. The police returned later, broke down his door, forced him to the floor and then arrested him for obstructing an officer. They also shot his dog with pepperball rounds. It’s hard to argue with the premise of this case; police officers are acting so much like soldiers that it can be hard to tell the difference.

In Rise of the Warrior Cop, Radley Balko chronicles the steady militarization of the police in the U.S. A detailed history of a dangerous trend, Mr. Balko’s book tracks police militarization over the past 50 years, a period that not coincidentally corresponds with the rise of SWAT teams. First established in response to the armed riots of the late 1960s, they were originally exclusive to big cities and deployed only against heavily armed and dangerous criminals. Today SWAT teams are nothing special. They’ve multiplied like mushrooms. Every city has a SWAT team; 80% of towns between 25,000 and 50,000 people do as well. These teams are busy; in 2005 there were between 50,000 and 60,000 SWAT raids in the U.S. The tactics are pretty much what you would expect—breaking down doors, rushing in with military weaponry, tear gas—but the targets aren’t. SWAT teams are routinely deployed against illegal poker games, businesses suspected of employing illegal immigrants and barbershops with unlicensed hair stylists.

In Prince George’s County, MD, alone, SWAT teams were deployed about once a day in 2009, overwhelmingly to serve search or arrest warrants, and half of those warrants were for “misdemeanors and nonserious felonies.” Much of Mr. Balko’s data is approximate, because police departments don’t publish data, and they uniformly oppose any attempts at transparency or oversight. But he has good Maryland data from 2009 on, because after the mayor of Berwyn Heights was mistakenly attacked and terrorized in his home by a SWAT team in 2008, the state passed a law requiring police to report quarterly on their use of SWAT teams: how many times, for what purposes and whether any shots were fired during the raids.

Besides documenting policy decisions at the federal and state levels, the author examines the influence of military contractors who have looked to expand into new markets. And he tells some pretty horrific stories of SWAT raids gone wrong. A lot of dogs get shot in the book. Most interesting are the changing attitudes of police. As the stories progress from the 1960s to the 2000s, we see police shift from being uncomfortable with military weapons and tactics—and deploying them only as the very last resort in the most extreme circumstances—to accepting and even embracing their routine use.

This development coincides with the rhetorical use of the word “war.” To the police, civilians are citizens to protect. To the military, we are a population to be subdued. Wars can temporarily override the Constitution. When the Justice Department walks into Congress with requests for money and new laws to fight a war, it is going to get a different response than if it came in with a story about fighting crime. Maybe the most chilling quotation in the book is from William French Smith, President Reagan’s first attorney general: “The Justice Department is not a domestic agency. It is the internal arm of national defense.” Today we see that attitude in the war on terror. Because it’s a war, we can arrest and imprison Americans indefinitely without charges. We can eavesdrop on the communications of all Americans without probable cause. We can assassinate American citizens without due process. We can have secret courts issuing secret rulings about secret laws. The militarization of the police is just one aspect of an increasing militarization of government.

Mr. Balko saves his prescriptions for reform until the last chapter. Two of his fixes, transparency and accountability, are good remedies for all governmental overreach. Specific to police departments, he also recommends halting mission creep, changing police culture and embracing community policing. These are far easier said than done. His final fix is ending the war on drugs, the source of much police violence. To this I would add ending the war on terror, another rhetorical war that costs us hundreds of billions of dollars, gives law enforcement powers directly prohibited by the Constitution and leaves us no safer.

This essay originally appeared in the Wall Street Journal.

NSA Increasing Security by Firing 90% of Its Sysadmins

General Keith Alexander thinks he can improve security by automating sysadmin duties such that 90% of them can be fired:

Using technology to automate much of the work now done by employees and contractors would make the NSA’s networks “more defensible and more secure,” as well as faster, he said at the conference, in which he did not mention Snowden by name.

Does anyone know a sysadmin anywhere who believes it’s possible to automate 90% of his job? Or who thinks any such automation will actually improve security?

He’s stuck. Computerized systems require trusted people to administer them. And any agency with all that computing power is going to need thousands of sysadmins. Some of them are going to be whistleblowers.

Leaking secret information is the civil disobedience of our age. Alexander has to get used to it.

Posted on August 12, 2013 at 2:33 PM • View Comments

Lavabit E-Mail Service Shut Down

Lavabit, the more-secure e-mail service that Edward Snowden—among others—used, has abruptly shut down. From the message on their homepage:

I have been forced to make a difficult decision: to become complicit in crimes against the American people or walk away from nearly ten years of hard work by shutting down Lavabit. After significant soul searching, I have decided to suspend operations. I wish that I could legally share with you the events that led to my decision. I cannot….

This experience has taught me one very important lesson: without congressional action or a strong judicial precedent, I would strongly recommend against anyone trusting their private data to a company with physical ties to the United States.

In case something happens to the homepage, the full message is recorded here.

More about the public/private surveillance partnership. And another news article.

Also yesterday, Silent Circle shut down its email service:

We see the writing the wall, and we have decided that it is best for us to shut down Silent Mail now. We have not received subpoenas, warrants, security letters, or anything else by any government, and this is why we are acting now.

NSA Surveillance and Mission Creep

Last month, I wrote about the potential for mass surveillance mission creep: the tendency for the vast NSA surveillance apparatus to be used for other, lesser, crimes. My essay was theoretical, but it turns out to be already happening.

Other agencies are already asking to use the NSA data:

Agencies working to curb drug trafficking, cyberattacks, money laundering, counterfeiting and even copyright infringement complain that their attempts to exploit the security agency’s vast resources have often been turned down because their own investigations are not considered a high enough priority, current and former government officials say.

The Drug Enforcement Agency is already using this data, and lying about it:

A secretive U.S. Drug Enforcement Administration unit is funneling information from intelligence intercepts, wiretaps, informants and a massive database of telephone records to authorities across the nation to help them launch criminal investigations of Americans.

Although these cases rarely involve national security issues, documents reviewed by Reuters show that law enforcement agents have been directed to conceal how such investigations truly begin—not only from defense lawyers but also sometimes from prosecutors and judges.

The undated documents show that federal agents are trained to “recreate” the investigative trail to effectively cover up where the information originated, a practice that some experts say violates a defendant’s Constitutional right to a fair trial. If defendants don’t know how an investigation began, they cannot know to ask to review potential sources of exculpatory evidence—information that could reveal entrapment, mistakes or biased witnesses.

I find that “some experts say” bit funny. I suppose it’s Reuters’ way of pretending there’s balance.

This is really bad. The surveillance state is closer than most of us think.

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

XKeyscore

The Guardian discusses a new secret NSA program: XKeyscore. It’s the desktop system that allows NSA agents to spy on anyone over the Internet in real time. It searches existing NSA databases—presumably including PRISM—and can create fingerprints to search for all future data collections from systems like TRAFFIC THIEF. This seems to be what Edward Snowden meant when he said that he had the ability to spy on any American, in real time, from his deck.

In related news, this essay explains how “three-hop” analysis of the communications of suspected terrorists means that everyone in the US is spied on.

EDITED TO ADD (8/3): The math is wrong in that three-hop analysis essay. Apologies.

Posted on August 2, 2013 at 3:20 PM • View Comments

Obama's Continuing War Against Leakers

The Obama Administration has a comprehensive “insider threat” program to detect leakers from within government. This is pre-Snowden. Not surprisingly, the combination of profiling and “see something, say something” is unlikely to work.

In an initiative aimed at rooting out future leakers and other security violators, President Barack Obama has ordered federal employees to report suspicious actions of their colleagues based on behavioral profiling techniques that are not scientifically proven to work, according to experts and government documents.

The techniques are a key pillar of the Insider Threat Program, an unprecedented government-wide crackdown under which millions of federal bureaucrats and contractors must watch out for “high-risk persons or behaviors” among co-workers. Those who fail to report them could face penalties, including criminal charges.

Another critique.

Posted on July 29, 2013 at 6:28 AM • View Comments

Details on NSA/FBI Eavesdropping

We’re starting to see Internet companies talk about the mechanics of how the US government spies on their users. Here, a Utah ISP owner describes his experiences with NSA eavesdropping:

We had to facilitate them to set up a duplicate port to tap in to monitor that customer’s traffic. It was a 2U (two-unit) PC that we ran a mirrored ethernet port to.

[What we ended up with was] a little box in our systems room that was capturing all the traffic to this customer. Everything they were sending and receiving.

Declan McCullagh explains how the NSA coerces companies to cooperate with its surveillance efforts. Basically, they want to avoid what happened with the Utah ISP.

Some Internet companies have reluctantly agreed to work with the government to conduct legally authorized surveillance on the theory that negotiations are less objectionable than the alternative—federal agents showing up unannounced with a court order to install their own surveillance device on a sensitive internal network. Those devices, the companies fear, could disrupt operations, introduce security vulnerabilities, or intercept more than is legally permitted.

“Nobody wants it on-premises,” said a representative of a large Internet company who has negotiated surveillance requests with government officials. “Nobody wants a box in their network…[Companies often] find ways to give tools to minimize disclosures, to protect users, to keep the government off the premises, and to come to some reasonable compromise on the capabilities.”

Precedents were established a decade or so ago when the government obtained legal orders compelling companies to install custom eavesdropping hardware on their networks.

And Brewster Kahle of the Internet Archive explains how he successfully fought a National Security Letter.

Posted on July 25, 2013 at 12:27 PM • View Comments

Michael Hayden on the Effects of Snowden's Whistleblowing

Former NSA director Michael Hayden lists three effects of the Snowden documents:

“…the undeniable operational effect of informing adversaries of American intelligence’s tactics, techniques and procedures.”
“…the undeniable economic punishment that will be inflicted on American businesses for simply complying with American law.”
“…the erosion of confidence in the ability of the United States to do anything discreetly or keep anything secret.”

It’s an interesting list, and one that you’d expect from a NSA person. Actually, the whole essay is about what you’d expect from a former NSA person.

My reactions:

This, I agree, is actual damage. From what I can tell, Snowden has done his best to minimize it. And both the Guardian and the Washington Post refused to publish materials he provided, out of concern for US national security. Hayden believes that both the Chinese and the Russians have Snowden’s entire trove of documents, but I’m less convinced. Everyone is acting under the assumption that the NSA has compromised everything, which is probably a good assumption.
Hayden has it backwards—this is good. I hope that companies that have cooperated with the NSA are penalized in the market. If we are to expect the market to solve any of this, we need the cost of cooperating to be greater than the cost of fighting. If we as consumers punish companies that have complied with the NSA, they’ll be less likely to roll over next time.
In the long run, this might turn out to be a good thing, too. In the Internet age, secrecy is a lot harder to maintain. The countries that figure this out first will be the countries that do well in the coming decades.

And, of course, Hayden lists his “costs” without discussing the benefits. Exposing secret government overreach, a secret agency gone rogue, and a secret court that’s failing in its duties are enormously beneficial. Snowden has blown a whistle that long needed blowing—it’s the only way can ever hope to fix this. And Hayden completely ignores the very real question as to whether these enormous NSA data-collection programs provide any real benefits.

I’m also tired of this argument:

But it takes a special kind of arrogance for this young man to believe that his moral judgment on the dilemma suddenly trumps that of two (incredibly different) presidents, both houses of the U.S. Congress, both political parties, the U.S. court system and more than 30,000 of his co-workers.

It’s like President Obama claiming that the NSA programs are “transparent” because they were cleared by a secret court that only ever sees one side of the argument, or that Congress has provided oversight because a few legislators were allowed to know some of what was going on but forbidden from talking to anyone about it.

Posted on July 24, 2013 at 2:52 PM • View Comments

How the FISA Court Undermines Trust

This is a succinct explanation of how the secrecy of the FISA court undermines trust.

Surveillance types make a distinction between secrecy of laws, secrecy of procedures and secrecy of operations. The expectation is that the laws that empower or limit the government’s surveillance powers are always public. The programs built atop those laws are often secret. And the individual operations are almost always secret. As long as the public knows about and agreed to the law, the thinking goes, it’s okay for the government to build a secret surveillance architecture atop it.

But the FISA court is, in effect, breaking the first link in that chain. The public no longer knows about the law itself, and most of Congress may not know, either. The courts have remade the law, but they’ve done so secretly, without public comment or review.

Reminds me of the two types of secrecy I wrote about last month.

Posted on July 23, 2013 at 1:00 PM • View Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.