Entries Tagged "NSA"

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Intelligence Oversight and How It Can Fail

Former NSA attorneys John DeLong and Susan Hennessay have written a fascinating article describing a particular incident of oversight failure inside the NSA. Technically, the story hinges on a definitional difference between the NSA and the FISA court meaning of the word “archived.” (For the record, I would have defaulted to the NSA’s interpretation, which feels more accurate technically.) But while the story is worth reading, what’s especially interesting are the broader issues about how a nontechnical judiciary can provide oversight over a very technical data collection-and-analysis organization—especially if the oversight must largely be conducted in secret.

From the article:

Broader root cause analysis aside, the BR FISA debacle made clear that the specific matter of shared legal interpretation needed to be addressed. Moving forward, the government agreed that NSA would coordinate all significant legal interpretations with DOJ. That sounds like an easy solution, but making it meaningful in practice is highly complex. Consider this example: a court order might require that “all collected data must be deleted after two years.” NSA engineers must then make a list for the NSA attorneys:

  1. What does deleted mean? Does it mean make inaccessible to analysts or does it mean forensically wipe off the system so data is gone forever? Or does it mean something in between?
  2. What about backup systems used solely for disaster recovery? Does the data need to be removed there, too, within two years, even though it’s largely inaccessible and typically there is a planned delay to account for mistakes in the operational system?
  3. When does the timer start?
  4. What’s the legally-relevant unit of measurement for timestamp computation­—a day, an hour, a second, a millisecond?
  5. If a piece of data is deleted one second after two years, is that an incident of noncompliance? What about a delay of one day? ….
  6. What about various system logs that simply record the fact that NSA had a data object, but no significant details of the actual object? Do those logs need to be deleted too? If so, how soon?
  7. What about hard copy printouts?

And that is only a tiny sample of the questions that need to be answered for that small sentence fragment. Put yourself in the shoes of an NSA attorney: which of these questions—­in particular the answers­—require significant interpretations to be coordinated with DOJ and which determinations can be made internally?

Now put yourself in the shoes of a DOJ attorney who receives from an NSA attorney a subset of this list for advice and counsel. Which questions are truly significant from your perspective? Are there any questions here that are so significant they should be presented to the Court so that that government can be sufficiently confident that the Court understands how the two-year rule is really being interpreted and applied?

In many places I have separated different kinds of oversight: are we doing things right versus are we doing the right things? This is very much about the first: is the NSA complying with the rules the courts impose on them? I believe that the NSA tries very hard to follow the rules it’s given, while at the same time being very aggressive about how it interprets any kind of ambiguities and using its nonadversarial relationship with its overseers to its advantage.

The only possible solution I can see to all of this is more public scrutiny. Secrecy is toxic here.

Posted on October 18, 2016 at 2:29 PM • View Comments

NSA Contractor Arrested for Stealing Classified Information

The NSA has another contractor who stole classified documents. It’s a weird story: “But more than a month later, the authorities cannot say with certainty whether Mr. Martin leaked the information, passed them on to a third party or whether he simply downloaded them.” So maybe a potential leaker. Or a spy. Or just a document collector.

My guess is that there are many leakers inside the US government, even more than what’s on this list from last year.

EDITED TO ADD (10/7): More information.

Posted on October 7, 2016 at 6:07 AM • View Comments

Yahoo Scanned Everyone's E-mails for the NSA

News here and here.

Other companies have been quick to deny that they did the same thing, but I generally don’t believe those carefully worded statements about what they have and haven’t done. We do know that the NSA uses bribery, coercion, threat, legal compulsion, and outright theft to get what they want. We just don’t know which one they use in which case.

EDITED TO ADD (10/7): More news. This and this, too.

EDITED TO ADD (10/17): A related story.

Posted on October 6, 2016 at 1:58 PM • View Comments

The NSA Is Hoarding Vulnerabilities

The National Security Agency is lying to us. We know that because data stolen from an NSA server was dumped on the Internet. The agency is hoarding information about security vulnerabilities in the products you use, because it wants to use it to hack others’ computers. Those vulnerabilities aren’t being reported, and aren’t getting fixed, making your computers and networks unsafe.

On August 13, a group calling itself the Shadow Brokers released 300 megabytes of NSA cyberweapon code on the Internet. Near as we experts can tell, the NSA network itself wasn’t hacked; what probably happened was that a “staging server” for NSA cyberweapons—that is, a server the NSA was making use of to mask its surveillance activities—was hacked in 2013.

The NSA inadvertently resecured itself in what was coincidentally the early weeks of the Snowden document release. The people behind the link used casual hacker lingo, and made a weird, implausible proposal involving holding a bitcoin auction for the rest of the data: “!!! Attention government sponsors of cyber warfare and those who profit from it !!!! How much you pay for enemies cyber weapons?”

Still, most people believe the hack was the work of the Russian government and the data release some sort of political message. Perhaps it was a warning that if the US government exposes the Russians as being behind the hack of the Democratic National Committee—or other high-profile data breaches—the Russians will expose NSA exploits in turn.

But what I want to talk about is the data. The sophisticated cyberweapons in the data dump include vulnerabilities and “exploit code” that can be deployed against common Internet security systems. Products targeted include those made by Cisco, Fortinet, TOPSEC, Watchguard, and Juniper—systems that are used by both private and government organizations around the world. Some of these vulnerabilities have been independently discovered and fixed since 2013, and some had remained unknown until now.

All of them are examples of the NSA—despite what it and other representatives of the US government say—prioritizing its ability to conduct surveillance over our security. Here’s one example. Security researcher Mustafa al-Bassam found an attack tool codenamed BENIGHCERTAIN that tricks certain Cisco firewalls into exposing some of their memory, including their authentication passwords. Those passwords can then be used to decrypt virtual private network, or VPN, traffic, completely bypassing the firewalls’ security. Cisco hasn’t sold these firewalls since 2009, but they’re still in use today.

Vulnerabilities like that one could have, and should have, been fixed years ago. And they would have been, if the NSA had made good on its word to alert American companies and organizations when it had identified security holes.

Over the past few years, different parts of the US government have repeatedly assured us that the NSA does not hoard “zero days” ­ the term used by security experts for vulnerabilities unknown to software vendors. After we learned from the Snowden documents that the NSA purchases zero-day vulnerabilities from cyberweapons arms manufacturers, the Obama administration announced, in early 2014, that the NSA must disclose flaws in common software so they can be patched (unless there is “a clear national security or law enforcement” use).

Later that year, National Security Council cybersecurity coordinator and special adviser to the president on cybersecurity issues Michael Daniel insisted that US doesn’t stockpile zero-days (except for the same narrow exemption). An official statement from the White House in 2014 said the same thing.

The Shadow Brokers data shows this is not true. The NSA hoards vulnerabilities.

Hoarding zero-day vulnerabilities is a bad idea. It means that we’re all less secure. When Edward Snowden exposed many of the NSA’s surveillance programs, there was considerable discussion about what the agency does with vulnerabilities in common software products that it finds. Inside the US government, the system of figuring out what to do with individual vulnerabilities is called the Vulnerabilities Equities Process (VEP). It’s an inter-agency process, and it’s complicated.

There is a fundamental tension between attack and defense. The NSA can keep the vulnerability secret and use it to attack other networks. In such a case, we are all at risk of someone else finding and using the same vulnerability. Alternatively, the NSA can disclose the vulnerability to the product vendor and see it gets fixed. In this case, we are all secure against whoever might be using the vulnerability, but the NSA can’t use it to attack other systems.

There are probably some overly pedantic word games going on. Last year, the NSA said that it discloses 91 percent of the vulnerabilities it finds. Leaving aside the question of whether that remaining 9 percent represents 1, 10, or 1,000 vulnerabilities, there’s the bigger question of what qualifies in the NSA’s eyes as a “vulnerability.”

Not all vulnerabilities can be turned into exploit code. The NSA loses no attack capabilities by disclosing the vulnerabilities it can’t use, and doing so gets its numbers up; it’s good PR. The vulnerabilities we care about are the ones in the Shadow Brokers data dump. We care about them because those are the ones whose existence leaves us all vulnerable.

Because everyone uses the same software, hardware, and networking protocols, there is no way to simultaneously secure our systems while attacking their systems ­ whoever “they” are. Either everyone is more secure, or everyone is more vulnerable.

Pretty much uniformly, security experts believe we ought to disclose and fix vulnerabilities. And the NSA continues to say things that appear to reflect that view, too. Recently, the NSA told everyone that it doesn’t rely on zero days—very much, anyway.

Earlier this year at a security conference, Rob Joyce, the head of the NSA’s Tailored Access Operations (TAO) organization—basically the country’s chief hacker—gave a rare public talk, in which he said that credential stealing is a more fruitful method of attack than are zero days: “A lot of people think that nation states are running their operations on zero days, but it’s not that common. For big corporate networks, persistence and focus will get you in without a zero day; there are so many more vectors that are easier, less risky, and more productive.”

The distinction he’s referring to is the one between exploiting a technical hole in software and waiting for a human being to, say, get sloppy with a password.

A phrase you often hear in any discussion of the Vulnerabilities Equities Process is NOBUS, which stands for “nobody but us.” Basically, when the NSA finds a vulnerability, it tries to figure out if it is unique in its ability to find it, or whether someone else could find it, too. If it believes no one else will find the problem, it may decline to make it public. It’s an evaluation prone to both hubris and optimism, and many security experts have cast doubt on the very notion that there is some unique American ability to conduct vulnerability research.

The vulnerabilities in the Shadow Brokers data dump are definitely not NOBUS-level. They are run-of-the-mill vulnerabilities that anyone—another government, cybercriminals, amateur hackers—could discover, as evidenced by the fact that many of them were discovered between 2013, when the data was stolen, and this summer, when it was published. They are vulnerabilities in common systems used by people and companies all over the world.

So what are all these vulnerabilities doing in a secret stash of NSA code that was stolen in 2013? Assuming the Russians were the ones who did the stealing, how many US companies did they hack with these vulnerabilities? This is what the Vulnerabilities Equities Process is designed to prevent, and it has clearly failed.

If there are any vulnerabilities that—according to the standards established by the White House and the NSA—should have been disclosed and fixed, it’s these. That they have not been during the three-plus years that the NSA knew about and exploited them—despite Joyce’s insistence that they’re not very important—demonstrates that the Vulnerable Equities Process is badly broken.

We need to fix this. This is exactly the sort of thing a congressional investigation is for. This whole process needs a lot more transparency, oversight, and accountability. It needs guiding principles that prioritize security over surveillance. A good place to start are the recommendations by Ari Schwartz and Rob Knake in their report: these include a clearly defined and more public process, more oversight by Congress and other independent bodies, and a strong bias toward fixing vulnerabilities instead of exploiting them.

And as long as I’m dreaming, we really need to separate our nation’s intelligence-gathering mission from our computer security mission: we should break up the NSA. The agency’s mission should be limited to nation state espionage. Individual investigation should be part of the FBI, cyberwar capabilities should be within US Cyber Command, and critical infrastructure defense should be part of DHS’s mission.

I doubt we’re going to see any congressional investigations this year, but we’re going to have to figure this out eventually. In my 2014 book Data and Goliath, I write that “no matter what cybercriminals do, no matter what other countries do, we in the US need to err on the side of security by fixing almost all the vulnerabilities we find…” Our nation’s cybersecurity is just too important to let the NSA sacrifice it in order to gain a fleeting advantage over a foreign adversary.

This essay previously appeared on Vox.com.

EDITED TO ADD (8/27): The vulnerabilities were seen in the wild within 24 hours, demonstrating how important they were to disclose and patch.

James Bamford thinks this is the work of an insider. I disagree, but he’s right that the TAO catalog was not a Snowden document.

People are looking at the quality of the code. It’s not that good.

Posted on August 26, 2016 at 5:56 AM • View Comments

Major NSA/Equation Group Leak

The NSA was badly hacked in 2013, and we’re just now learning about it.

A group of hackers called “The Shadow Brokers” claim to have hacked the NSA, and are posting data to prove it. The data is source code from “The Equation Group,” which is a sophisticated piece of malware exposed last year and attributed to the NSA. Some details:

The Shadow Brokers claimed to have hacked the Equation Group and stolen some of its hacking tools. They publicized the dump on Saturday, tweeting a link to the manifesto to a series of media companies.

The dumped files mostly contain installation scripts, configurations for command and control servers, and exploits targeted to specific routers and firewalls. The names of some of the tools correspond with names used in Snowden documents, such as “BANANAGLEE” or “EPICBANANA.”

Nicholas Weaver has analyzed the data and believes it real:

But the proof itself, appear to be very real. The proof file is 134 MB of data compressed, expanding out to a 301 MB archive. This archive appears to contain a large fraction of the NSA’s implant framework for firewalls, including what appears to be several versions of different implants, server side utility scripts, and eight apparent exploits for a variety of targets.

The exploits themselves appear to target Fortinet, Cisco, Shaanxi Networkcloud Information Technology (sxnc.com.cn) Firewalls, and similar network security systems. I will leave it to others to analyze the reliability, versions supported, and other details. But nothing I’ve found in either the exploits or elsewhere is newer than 2013.

Because of the sheer volume and quality, it is overwhelmingly likely this data is authentic. And it does not appear to be information taken from comprised systems. Instead the exploits, binaries with help strings, server configuration scripts, 5 separate versions of one implant framework, and all sort of other features indicate that this is analyst-side code­—the kind that probably never leaves the NSA.

I agree with him. This just isn’t something that can be faked in this way. (Good proof would be for The Intercept to run the code names in the new leak against their database, and confirm that some of the previously unpublished ones are legitimate.)

This is definitely not Snowden stuff. This isn’t the sort of data he took, and the release mechanism is not one that any of the reporters with access to the material would use. This is someone else, probably an outsider…probably a government.

Weaver again:

But the big picture is a far scarier one. Somebody managed to steal 301 MB of data from a TS//SCI system at some point between 2013 and today. Possibly, even probably, it occurred in 2013. But the theft also could have occurred yesterday with a simple utility run to scrub all newer documents. Relying on the file timestamps­—which are easy to modify­—the most likely date of acquisition was June 11, 2013. That is two weeks after Snowden fled to Hong Kong and six days after the first Guardian publication. That would make sense, since in the immediate response to the leaks as the NSA furiously ran down possibly sources, it may have accidentally or deliberately eliminated this adversary’s access.

Okay, so let’s think about the game theory here. Some group stole all of this data in 2013 and kept it secret for three years. Now they want the world to know it was stolen. Which governments might behave this way? The obvious list is short: China and Russia. Were I betting, I would bet Russia, and that it’s a signal to the Obama Administration: “Before you even think of sanctioning us for the DNC hack, know where we’ve been and what we can do to you.”

They claim to be auctioning off the rest of the data to the highest bidder. I think that’s PR nonsense. More likely, that second file is random nonsense, and this is all we’re going to get. It’s a lot, though. Yesterday was a very bad day for the NSA.

EDITED TO ADD: Snowden’s comments. He thinks it’s an “NSA malware staging server” that was hacked.

EDITED TO ADD (8/18): Dave Aitel also thinks it’s Russia.

EDITED TO ADD (8/19): Two news articles.

Cisco has analyzed the vulnerabilities for their products found in the data. They found several that they patched years ago, and one new one they didn’t know about yet. See also this about the vulnerabilities.

EDITED TO ADD (8/20): More about the vulnerabilities found in the data.

Previously unreleased material from the Snowden archive proves that this data dump is real, and that the Equation Group is the NSA.

EDITED TO ADD (8/26): I wrote an essay about this here.

EDITED TO ADD (9/13): Someone who < a href="http://xorcat.net/2016/08/16/equationgroup-tool-leak-extrabacon-demo/">played with some of the vulnerabilities.

Posted on August 16, 2016 at 10:43 AM • View Comments

Real-World Security and the Internet of Things

Disaster stories involving the Internet of Things are all the rage. They feature cars (both driven and driverless), the power grid, dams, and tunnel ventilation systems. A particularly vivid and realistic one, near-future fiction published last month in New York Magazine, described a cyberattack on New York that involved hacking of cars, the water system, hospitals, elevators, and the power grid. In these stories, thousands of people die. Chaos ensues. While some of these scenarios overhype the mass destruction, the individual risks are all real. And traditional computer and network security isn’t prepared to deal with them.

Classic information security is a triad: confidentiality, integrity, and availability. You’ll see it called “CIA,” which admittedly is confusing in the context of national security. But basically, the three things I can do with your data are steal it (confidentiality), modify it (integrity), or prevent you from getting it (availability).

So far, Internet threats have largely been about confidentiality. These can be expensive; one survey estimated that data breaches cost an average of $3.8 million each. They can be embarrassing, as in the theft of celebrity photos from Apple’s iCloud in 2014 or the Ashley Madison breach in 2015. They can be damaging, as when the government of North Korea stole tens of thousands of internal documents from Sony or when hackers stole data about 83 million customer accounts from JPMorgan Chase, both in 2014. They can even affect national security, as in the case of the Office of Personnel Management data breach by—presumptively—China in 2015.

On the Internet of Things, integrity and availability threats are much worse than confidentiality threats. It’s one thing if your smart door lock can be eavesdropped upon to know who is home. It’s another thing entirely if it can be hacked to allow a burglar to open the door—or prevent you from opening your door. A hacker who can deny you control of your car, or take over control, is much more dangerous than one who can eavesdrop on your conversations or track your car’s location.

With the advent of the Internet of Things and cyber-physical systems in general, we’ve given the Internet hands and feet: the ability to directly affect the physical world. What used to be attacks against data and information have become attacks against flesh, steel, and concrete.

Today’s threats include hackers crashing airplanes by hacking into computer networks, and remotely disabling cars, either when they’re turned off and parked or while they’re speeding down the highway. We’re worried about manipulated counts from electronic voting machines, frozen water pipes through hacked thermostats, and remote murder through hacked medical devices. The possibilities are pretty literally endless. The Internet of Things will allow for attacks we can’t even imagine.

The increased risks come from three things: software control of systems, interconnections between systems, and automatic or autonomous systems. Let’s look at them in turn:

Software Control. The Internet of Things is a result of everything turning into a computer. This gives us enormous power and flexibility, but it brings insecurities with it as well. As more things come under software control, they become vulnerable to all the attacks we’ve seen against computers. But because many of these things are both inexpensive and long-lasting, many of the patch and update systems that work with computers and smartphones won’t work. Right now, the only way to patch most home routers is to throw them away and buy new ones. And the security that comes from replacing your computer and phone every few years won’t work with your refrigerator and thermostat: on the average, you replace the former every 15 years, and the latter approximately never. A recent Princeton survey found 500,000 insecure devices on the Internet. That number is about to explode.

Interconnections. As these systems become interconnected, vulnerabilities in one lead to attacks against others. Already we’ve seen Gmail accounts compromised through vulnerabilities in Samsung smart refrigerators, hospital IT networks compromised through vulnerabilities in medical devices, and Target Corporation hacked through a vulnerability in its HVAC system. Systems are filled with externalities that affect other systems in unforeseen and potentially harmful ways. What might seem benign to the designers of a particular system becomes harmful when it’s combined with some other system. Vulnerabilities on one system cascade into other systems, and the result is a vulnerability that no one saw coming and no one bears responsibility for fixing. The Internet of Things will make exploitable vulnerabilities much more common. It’s simple mathematics. If 100 systems are all interacting with each other, that’s about 5,000 interactions and 5,000 potential vulnerabilities resulting from those interactions. If 300 systems are all interacting with each other, that’s 45,000 interactions. 1,000 systems: 12.5 million interactions. Most of them will be benign or uninteresting, but some of them will be very damaging.

Autonomy. Increasingly, our computer systems are autonomous. They buy and sell stocks, turn the furnace on and off, regulate electricity flow through the grid, and—in the case of driverless cars—automatically pilot multi-ton vehicles to their destinations. Autonomy is great for all sorts of reasons, but from a security perspective it means that the effects of attacks can take effect immediately, automatically, and ubiquitously. The more we remove humans from the loop, faster attacks can do their damage and the more we lose our ability to rely on actual smarts to notice something is wrong before it’s too late.

We’re building systems that are increasingly powerful, and increasingly useful. The necessary side effect is that they are increasingly dangerous. A single vulnerability forced Chrysler to recall 1.4 million vehicles in 2015. We’re used to computers being attacked at scale—think of the large-scale virus infections from the last decade—but we’re not prepared for this happening to everything else in our world.

Governments are taking notice. Last year, both Director of National Intelligence James Clapper and NSA Director Mike Rogers testified before Congress, warning of these threats. They both believe we’re vulnerable.

This is how it was phrased in the DNI’s 2015 Worldwide Threat Assessment: “Most of the public discussion regarding cyber threats has focused on the confidentiality and availability of information; cyber espionage undermines confidentiality, whereas denial-of-service operations and data-deletion attacks undermine availability. In the future, however, we might also see more cyber operations that will change or manipulate electronic information in order to compromise its integrity (i.e. accuracy and reliability) instead of deleting it or disrupting access to it. Decision-making by senior government officials (civilian and military), corporate executives, investors, or others will be impaired if they cannot trust the information they are receiving.”

The DNI 2016 threat assessment included something similar: “Future cyber operations will almost certainly include an increased emphasis on changing or manipulating data to compromise its integrity (i.e., accuracy and reliability) to affect decision making, reduce trust in systems, or cause adverse physical effects. Broader adoption of IoT devices and AI—in settings such as public utilities and healthcare—will only exacerbate these potential effects.”

Security engineers are working on technologies that can mitigate much of this risk, but many solutions won’t be deployed without government involvement. This is not something that the market can solve. Like data privacy, the risks and solutions are too technical for most people and organizations to understand; companies are motivated to hide the insecurity of their own systems from their customers, their users, and the public; the interconnections can make it impossible to connect data breaches with resultant harms; and the interests of the companies often don’t match the interests of the people.

Governments need to play a larger role: setting standards, policing compliance, and implementing solutions across companies and networks. And while the White House Cybersecurity National Action Plan says some of the right things, it doesn’t nearly go far enough, because so many of us are phobic of any government-led solution to anything.

The next president will probably be forced to deal with a large-scale Internet disaster that kills multiple people. I hope he or she responds with both the recognition of what government can do that industry can’t, and the political will to make it happen.

This essay previously appeared on Vice Motherboard.

BoingBoing post.

EDITED TO ADD (8/11): An essay that agrees with me.

Posted on July 28, 2016 at 5:51 AM • View Comments

The NSA and "Intelligence Legalism"

Interesting law journal paper: “Intelligence Legalism and the National Security Agency’s Civil Liberties Gap,” by Margo Schlanger:

Abstract: This paper examines the National Security Agency, its compliance with legal constraints and its respect for civil liberties. But even if perfect compliance could be achieved, it is too paltry a goal. A good oversight system needs its institutions not just to support and enforce compliance but also to design good rules. Yet as will become evident, the offices that make up the NSA’s compliance system are nearly entirely compliance offices, not policy offices; they work to improve compliance with existing rules, but not to consider the pros and cons of more individually-protective rules and try to increase privacy or civil liberties where the cost of doing so is acceptable. The NSA and the administration in which it sits have thought of civil liberties and privacy only in compliance terms. That is, they have asked only “Can we (legally) do X?” and not “Should we do X?” This preference for the can question over the should question is part and parcel, I argue, of a phenomenon I label “intelligence legalism,” whose three crucial and simultaneous features are imposition of substantive rules given the status of law rather than policy; some limited court enforcement of those rules; and empowerment of lawyers. Intelligence legalism has been a useful corrective to the lawlessness that characterized surveillance prior to intelligence reform, in the late 1970s. But I argue that it gives systematically insufficient weight to individual liberty, and that its relentless focus on rights, and compliance, and law has obscured the absence of what should be an additional focus on interests, or balancing, or policy. More is needed; additional attention should be directed both within the NSA and by its overseers to surveillance policy, weighing the security gains from surveillance against the privacy and civil liberties risks and costs. That attention will not be a panacea, but it can play a useful role in filling the civil liberties gap intelligence legalism creates.

This is similar to what I wrote in Data and Goliath:

There are two levels of oversight. The first is strategic: are the rules we’re imposing the correct ones? For example, the NSA can implement its own procedures to ensure that it’s following the rules, but it should not get to decide what rules it should follow….

The other kind of oversight is tactical: are the rules being followed? Mechanisms for this kind of oversight include procedures, audits, approvals, troubleshooting protocols, and so on. The NSA, for example, trains its analysts in the regulations governing their work, audits systems to ensure that those regulations are actually followed, and has instituted reporting and disciplinary procedures for occasions when they’re not.

It’s not enough that the NSA makes sure there is a plausible legal interpretation that authorizes what they do. We need to make sure that their understanding of the law is shared with the outside world, and that what they’re doing is a good idea.

EDITED TO ADD: The paper is from 2014. Also worth reading are these two related essays.

Posted on July 27, 2016 at 6:47 AM • View Comments

Report on the Vulnerabilities Equities Process

I have written before on the vulnerabilities equities process (VEP): the system by which the US government decides whether to disclose and fix a computer vulnerability or keep it secret and use it offensively. Ari Schwartz and Rob Knake, both former Directors for Cybersecurity Policy at the White House National Security Council, have written a report describing the process as we know it, with policy recommendations for improving it.

Basically, their recommendations are focused on improving the transparency, oversight, and accountability (three things I repeatedly recommend) of the process. In summary:

  • The President should issue an Executive Order mandating government-wide compliance with the VEP.
  • Make the general criteria used to decide whether or not to disclose a vulnerability public.
  • Clearly define the VEP.
  • Make sure any undisclosed vulnerabilities are reviewed periodically.
  • Ensure that the government has the right to disclose any vulnerabilities it purchases.
  • Transfer oversight of the VEP from the NSA to the DHS.
  • Issue an annual report on the VEP.
  • Expand Congressional oversight of the VEP.
  • Mandate oversight by other independent bodies inside the Executive Branch.
  • Expand funding for both offensive and defensive vulnerability research.

These all seem like good ideas to me. This is a complex issue, one I wrote about in Data and Goliath (pages 146-50), and one that’s only going to get more important in the Internet of Things.

News article.

Posted on July 11, 2016 at 12:15 PM • View Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.