Entries Tagged "privacy"

Page 136 of 144

E-Mail Interception Decision Reversed

Is e-mail in transit communications or data in storage? Seems like a basic question, but the answer matters a lot to the police. A U.S. federal Appeals Court has ruled that the interception of e-mail in temporary storage violates the federal wiretap act, reversing an earlier court opinion.

The case and associated privacy issues are summarized here. Basically, different privacy laws protect electronic communications in transit and data in storage; the former is protected much more than the latter. E-mail stored by the sender or the recipient is obviously data in storage. But what about e-mail on its way from the sender to the receiver? On the one hand, it’s obviously communications on transit. But the other side argued that it’s actually stored on various computers as it wends its way through the Internet; hence it’s data in storage.

The initial court decision in this case held that e-mail in transit is just data in storage. Judge Lipez wrote an inspired dissent in the original opinion. In the rehearing en banc (more judges), he wrote the opinion for the majority which overturned the earlier opinion.

The opinion itself is long, but well worth reading. It’s well reasoned, and reflects extraordinary understanding and attention to detail. And a great last line:

If the issue presented be “garden-variety”… this is a garden in need of a weed killer.

I participated in an Amicus Curiae (“friend of the court”) brief in the case. Here’s another amicus brief by six civil liberties organizations.

There’s a larger issue here, and it’s the same one that the entertainment industry used to greatly expand copyright law in cyberspace. They argued that every time a copyrighted work is moved from computer to computer, or CD-ROM to RAM, or server to client, or disk drive to video card, a “copy” is being made. This ridiculous definition of “copy” has allowed them to exert far greater legal control over how people use copyrighted works.

Posted on August 15, 2005 at 7:59 AM • View Comments

RFID Passport Security Revisited

I’ve written previously (including this op ed in the International Herald Tribune) about RFID chips in passports. An article in today’s USA Today (the paper version has a really good graphic) summarizes the latest State Department proposal, and it looks pretty good. They’re addressing privacy concerns, and they’re doing it right.

The most important feature they’ve included is an access-control system for the RFID chip. The data on the chip is encrypted, and the key is printed on the passport. The officer swipes the passport through an optical reader to get the key, and then the RFID reader uses the key to communicate with the RFID chip. This means that the passport-holder can control who has access to the information on the chip; someone cannot skim information from the passport without first opening it up and reading the information inside. Good security.

The new design also includes a thin radio shield in the cover, protecting the chip when the passport is closed. More good security.

Assuming that the RFID passport works as advertised (a big “if,” I grant you), then I am no longer opposed to the idea. And, more importantly, we have an example of an RFID identification system with good privacy safeguards. We should demand that any other RFID identification cards have similar privacy safeguards.

EDITED TO ADD: There’s more information in a Wired story:

The 64-KB chips store a copy of the information from a passport’s data page, including name, date of birth and a digitized version of the passport photo. To prevent counterfeiting or alterations, the chips are digitally signed….

“We are seriously considering the adoption of basic access control,” [Frank] Moss [the State Department’s deputy assistant secretary for passport services] said, referring to a process where chips remain locked until a code on the data page is first read by an optical scanner. The chip would then also transmit only encrypted data in order to prevent eavesdropping.

So it sounds like this access-control mechanism is not definite. In any case, I believe the system described in the USA Today article is a good one.

Posted on August 9, 2005 at 1:27 PM • View Comments

Wireless Interception Distance Records

Don’t believe wireless distance limitations. Again and again they’re proven wrong.

At DefCon earlier this month, a group was able to set up an unamplified 802.11 network at a distance of 124.9 miles.

The record holders relied on more than just a pair of wireless laptops. The equipment required for the feat, according to the event website, included a “collection of homemade antennas, surplus 12 foot satellite dishes, home-welded support structures, scaffolds, ropes and computers”.

Bad news for those of us who rely on physical distance to secure our wireless networks.

Even more important, the world record for communicating with a passive RFID device was set at 69 feet. (Pictures here.) Remember that the next time someone tells you that it’s impossible to read RFID identity cards at a distance.

Whenever you hear a manufacturer talk about a distance limitation for any wireless technology—wireless LANs, RFID, Bluetooth, anything—assume he’s wrong. If he’s not wrong today, he will be in a couple of years. Assume that someone who spends some money and effort building more sensitive technology can do much better, and that it will take less money and effort over the years. Technology always gets better; it never gets worse. If something is difficult and expensive now, it will get easier and cheaper in the future.

Posted on August 8, 2005 at 1:37 PM • View Comments

Technological Parenting

Salon has an interesting article about parents turning to technology to monitor their children, instead of to other people in their community.

“What is happening is that parents now assume the worst possible outcome, rather than seeing other adults as their allies,” says Frank Furedi, a professor of sociology at England’s University of Kent and the author of “Paranoid Parenting.” “You never hear stories about asking neighbors to care for kids or coming together as community. Instead we become insular, privatized communities, and look for
technological solutions to what are really social problems.” Indeed, while our parents’ generation was taught to “honor thy neighbor,” the mantra for today’s kids is “stranger danger,” and the message is clear—expect the worst of anyone unfamiliar—anywhere, and at any time.

This is security based on fear, not reason. And I think people who act this way make their families less safe.

EDITED TO ADD: Here’s a link to the book Paranoid Parenting.

Posted on August 3, 2005 at 8:38 AM • View Comments

Eavesdropping on Bluetooth Automobiles

This is impressive:

This new toool is called The Car Whisperer and allows people equipped with a Linux Laptop and a directional antenna to inject audio to, and record audio from bypassing cars that have an unconnected Bluetooth handsfree unit running. Since many manufacturers use a standard passkey which often is the only authentication that is needed to connect.

This tool allows to interact with other drivers when traveling or maybe used in order to talk to that pushy Audi driver right behind you 😉 . It also allows to eavesdrop conversations in the inside of the car by accessing the microphone.

EDITED TO ADD: Another article.

Posted on August 2, 2005 at 1:41 PM • View Comments

Hacking Hotel Infrared Systems

From Wired:

A vulnerability in many hotel television infrared systems can allow a hacker to obtain guests’ names and their room numbers from the billing system.

It can also let someone read the e-mail of guests who use web mail through the TV, putting business travelers at risk of corporate espionage. And it can allow an intruder to add or delete charges on a hotel guest’s bill or watch pornographic films and other premium content on their hotel TV without paying for it….

“No one thinks about the security risks of infrared because they think it’s used for minor things like garage doors and TV remotes,” Laurie said. “But infrared uses really simple codes, and they don’t put any kind of authentication (in it)…. If the system was designed properly, I shouldn’t be able to do what I can do.”

Posted on August 1, 2005 at 1:21 PM • View Comments

Dog Poop Girl

Here’s the basic story: A woman and her dog are riding the Seoul subways. The dog poops in the floor. The woman refuses to clean it up, despite being told to by other passangers. Someone takes a picture of her, posts it on the Internet, and she is publicly shamed—and the story will live on the Internet forever. Then, the blogosphere debates the notion of the Internet as a social enforcement tool.

The Internet is changing our notions of personal privacy, and how the public enforces social norms.

Daniel Solove writes:

The dog-shit-girl case involves a norm that most people would seemingly agree to—clean up after your dog. Who could argue with that one? But what about when norm enforcement becomes too extreme? Most norm enforcement involves angry scowls or just telling a person off. But having a permanent record of one’s norm violations is upping the sanction to a whole new level. The blogosphere can be a very powerful norm-enforcing tool, allowing bloggers to act as a cyber-posse, tracking down norm violators and branding them with digital scarlet letters.

And that is why the law might be necessary—to modulate the harmful effects when the norm enforcement system gets out of whack. In the United States, privacy law is often the legal tool called in to address the situation. Suppose the dog poop incident occurred in the United States. Should the woman have legal redress under the privacy torts?

If this incident is any guide, then anyone acting outside the accepted norms of whatever segment of humanity surrounds him had better tread lightly. The question we need to answer is: is this the sort of society we want to live in? And if not, what technological or legal controls do we need to put in place to ensure that we don’t?

Solove again:

I believe that, as complicated as it might be, the law must play a role here. The stakes are too important. While entering law into the picture could indeed stifle freedom of discussion on the Internet, allowing excessive norm enforcement can be stifling to freedom as well.

All the more reason why we need to rethink old notions of privacy. Under existing notions, privacy is often thought of in a binary way ­ something either is private or public. According to the general rule, if something occurs in a public place, it is not private. But a more nuanced view of privacy would suggest that this case involved taking an event that occurred in one context and significantly altering its nature ­ by making it permanent and widespread. The dog-shit-girl would have been just a vague image in a few people’s memory if it hadn’t been for the photo entering cyberspace and spreading around faster than an epidemic. Despite the fact that the event occurred in public, there was no need for her image and identity to be spread across the Internet.

Could the law provide redress? This is a complicated question; certainly under existing doctrine, making a case would have many hurdles. And some will point to practical problems. Bloggers often don’t have deep pockets. But perhaps the possibility of lawsuits might help shape the norms of the Internet. In the end, I strongly doubt that the law alone can address this problem; but its greatest contribution might be to help along the development of blogging norms that will hopefully prevent more cases such as this one from having crappy endings.

Posted on July 29, 2005 at 4:21 PM • View Comments

Automatic Surveillance Via Cell Phone

Your cell phone company knows where you are all the time. (Well, it knows where your phone is whenever it’s on.) Turns out there’s a lot of information to be mined in that data.

Eagle’s Realty Mining project logged 350,000 hours of data over nine months about the location, proximity, activity and communication of volunteers, and was quickly able to guess whether two people were friends or just co-workers….

He and his team were able to create detailed views of life at the Media Lab, by observing how late people stayed at the lab, when they called one another and how much sleep students got.

Given enough data, Eagle’s algorithms were able to predict what people—especially professors and Media Lab employees—would do next and be right up to 85 percent of the time.

This is worrisome from a number of angles: government surveillance, corporate surveillance for marketing purposes, criminal surveillance. I am not mollified by this comment:

People should not be too concerned about the data trails left by their phone, according to Chris Hoofnagle, associate director of the Electronic Privacy Information Center.

“The location data and billing records is protected by statute, and carriers are under a duty of confidentiality to protect it,” Hoofnagle said.

We’re building an infrastructure of surveillance as a side effect of the convenience of carrying our cell phones everywhere.

Posted on July 28, 2005 at 4:09 PM •

Risks of Losing Portable Devices

As PDAs become more powerful, and memory becomes cheaper, more people are carrying around a lot of personal information in an easy-to-lose format. The Washington Post has a story about this:

Personal devices “are carrying incredibly sensitive information,” said Joel Yarmon, who, as technology director for the staff of Sen. Ted Stevens (R-Alaska), had to scramble over a weekend last month after a colleague lost one of the office’s wireless messaging devices. In this case, the data included “personal phone numbers of leaders of Congress. . . . If that were to leak, that would be very embarrassing,” Yarmon said.

I’ve noticed this in my own life. If I didn’t make a special effort to limit the amount of information on my Treo, it would include detailed scheduling information from the past six years. My small laptop would include every e-mail I’ve sent and received in the past dozen years. And so on. A lot of us are carrying around an enormous amount of very personal data.

And some of us are carrying around personal data about other people, too:

Companies are seeking to avoid becoming the latest example of compromised security. Earlier this year, a laptop computer containing the names and Social Security numbers of 16,500 current and former MCI Inc. employees was stolen from the car of an MCI financial analyst in Colorado. In another case, a former Morgan Stanley employee sold a used BlackBerry on the online auction site eBay with confidential information still stored on the device. And in yet another incident, personal information for 665 families in Japan was recently stolen along with a handheld device belonging to a Japanese power-company employee.

There are several ways to deal with this—password protection and encryption, of course. More recently, some communications devices can be remotely erased if lost.

Posted on July 28, 2005 at 11:40 AM • View Comments

The Sorting Door Project

From The Register:

A former CIA intelligence analyst and researchers from SAP plan to study how RFID tags might be used to profile and track individuals and consumer goods.

“I believe that tags will be readily used for surveillance, given the interests of various parties able to deploy readers,” said Ross Stapleton-Gray, former CIA analyst and manager of the study, called the Sorting Door Project.

Sorting Door will be a test-bed for studying the massive databases that will be created by RFID tags and readers, once they become ubiquitous. The project will help legislators, regulators and businesses make policies that balance the interests of industry, national security and civil liberties, said Stapleton-Gray.

In Sorting Door, RFID readers (whether in doorways, walls or floors, or the hands of workers) will collect data from RFID tags and feed them into databases.

Sorting Door participants will then investigate how the RFID tag’s unique serial numbers, called EPCs, can be merged with other data to identify dangerous people and gather intelligence in a particular location.

Posted on July 26, 2005 at 9:31 AM • View Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.