California’s Proposition 24, aimed at improving the California Consumer Privacy Act, passed this week. Analyses are very mixed. I was very mixed on the proposition, but on the whole I supported it. The proposition has some serious flaws, and was watered down by industry, but voting for privacy feels like it’s generally a good thing.
Entries Tagged "privacy"
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Senator Ron Wyden asked, and the NSA didn’t answer:
The NSA has long sought agreements with technology companies under which they would build special access for the spy agency into their products, according to disclosures by former NSA contractor Edward Snowden and reporting by Reuters and others.
These so-called back doors enable the NSA and other agencies to scan large amounts of traffic without a warrant. Agency advocates say the practice has eased collection of vital intelligence in other countries, including interception of terrorist communications.
The agency developed new rules for such practices after the Snowden leaks in order to reduce the chances of exposure and compromise, three former intelligence officials told Reuters. But aides to Senator Ron Wyden, a leading Democrat on the Senate Intelligence Committee, say the NSA has stonewalled on providing even the gist of the new guidelines.
The agency declined to say how it had updated its policies on obtaining special access to commercial products. NSA officials said the agency has been rebuilding trust with the private sector through such measures as offering warnings about software flaws.
“At NSA, it’s common practice to constantly assess processes to identify and determine best practices,” said Anne Neuberger, who heads NSA’s year-old Cybersecurity Directorate. “We don’t share specific processes and procedures.”
Three former senior intelligence agency figures told Reuters that the NSA now requires that before a back door is sought, the agency must weigh the potential fallout and arrange for some kind of warning if the back door gets discovered and manipulated by adversaries.
The article goes on to talk about Juniper Networks equipment, which had the NSA-created DUAL_EC PRNG backdoor in its products. That backdoor was taken advantage of by an unnamed foreign adversary.
Juniper Networks got into hot water over Dual EC two years later. At the end of 2015, the maker of internet switches disclosed that it had detected malicious code in some firewall products. Researchers later determined that hackers had turned the firewalls into their own spy tool here by altering Juniper’s version of Dual EC.
Juniper said little about the incident. But the company acknowledged to security researcher Andy Isaacson in 2016 that it had installed Dual EC as part of a “customer requirement,” according to a previously undisclosed contemporaneous message seen by Reuters. Isaacson and other researchers believe that customer was a U.S. government agency, since only the U.S. is known to have insisted on Dual EC elsewhere.
Juniper has never identified the customer, and declined to comment for this story.
Likewise, the company never identified the hackers. But two people familiar with the case told Reuters that investigators concluded the Chinese government was behind it. They declined to detail the evidence they used.
Okay, lots of unsubstantiated claims and innuendo here. And Neuberger is right; the NSA shouldn’t share specific processes and procedures. But as long as this is a democratic country, the NSA has an obligation to disclose its general processes and procedures so we all know what they’re doing in our name. And if it’s still putting surveillance ahead of security.
Gizmodo is reporting that Harris Corp. is no longer selling Stingray IMSI-catchers (and, presumably, its follow-on models Hailstorm and Crossbow) to local governments:
L3Harris Technologies, formerly known as the Harris Corporation, notified police agencies last year that it planned to discontinue sales of its surveillance boxes at the local level, according to government records. Additionally, the company would no longer offer access to software upgrades or replacement parts, effectively slapping an expiration date on boxes currently in use. Any advancements in cellular technology, such as the rollout of 5G networks in most major U.S. cities, would render them obsolete.
The article goes on to talk about replacement surveillance systems from the Canadian company Octasic.
Octasic’s Nyxcell V800 can target most modern phones while maintaining the ability to capture older GSM devices. Florida’s state police agency described the device, made for in-vehicle use, as capable of targeting eight frequency bands including GSM (2G), CDMA2000 (3G), and LTE (4G).
A 2018 patent assigned to Octasic claims that Nyxcell forces a connection with nearby mobile devices when its signal is stronger than the nearest legitimate cellular tower. Once connected, Nyxcell prompts devices to divulge information about its signal strength relative to nearby cell towers. These reported signal strengths (intra-frequency measurement reports) are then used to triangulate the position of a phone.
Octasic appears to lean heavily on the work of Indian engineers and scientists overseas. A self-published biography of the company notes that while the company is headquartered in Montreal, it has “R&D facilities in India,” as well as a “worldwide sales support network.” Nyxcell’s website, which is only a single page requesting contact information, does not mention Octasic by name. Gizmodo was, however, able to recover domain records identifying Octasic as the owner.
One of the things we learned from the Snowden documents is that the NSA conducts “about” searches. That is, searches based on activities and not identifiers. A normal search would be on a name, or IP address, or phone number. An about search would something like “show me anyone that has used this particular name in a communications,” or “show me anyone who was at this particular location within this time frame.” These searches are legal when conducted for the purpose of foreign surveillance, but the worry about using them domestically is that they are unconstitutionally broad. After all, the only way to know who said a particular name is to know what everyone said, and the only way to know who was at a particular location is to know where everyone was. The very nature of these searches requires mass surveillance.
The FBI does not conduct mass surveillance. But many US corporations do, as a normal part of their business model. And the FBI uses that surveillance infrastructure to conduct its own about searches. Here’s an arson case where the FBI asked Google who searched for a particular street address:
Homeland Security special agent Sylvette Reynoso testified that her team began by asking Google to produce a list of public IP addresses used to google the home of the victim in the run-up to the arson. The Chocolate Factory [Google] complied with the warrant, and gave the investigators the list. As Reynoso put it:
On June 15, 2020, the Honorable Ramon E. Reyes, Jr., United States Magistrate Judge for the Eastern District of New York, authorized a search warrant to Google for users who had searched the address of the Residence close in time to the arson.
The records indicated two IPv6 addresses had been used to search for the address three times: one the day before the SUV was set on fire, and the other two about an hour before the attack. The IPv6 addresses were traced to Verizon Wireless, which told the investigators that the addresses were in use by an account belonging to Williams.
Google’s response is that this is rare:
While word of these sort of requests for the identities of people making specific searches will raise the eyebrows of privacy-conscious users, Google told The Register the warrants are a very rare occurrence, and its team fights overly broad or vague requests.
“We vigorously protect the privacy of our users while supporting the important work of law enforcement,” Google’s director of law enforcement and information security Richard Salgado told us. “We require a warrant and push to narrow the scope of these particular demands when overly broad, including by objecting in court when appropriate.
“These data demands represent less than one per cent of total warrants and a small fraction of the overall legal demands for user data that we currently receive.”
Here’s another example of what seems to be about data leading to a false arrest.
According to the lawsuit, police investigating the murder knew months before they arrested Molina that the location data obtained from Google often showed him in two places at once, and that he was not the only person who drove the Honda registered under his name.
Avondale police knew almost two months before they arrested Molina that another man his stepfather sometimes drove Molina’s white Honda. On October 25, 2018, police obtained records showing that Molina’s Honda had been impounded earlier that year after Molina’s stepfather was caught driving the car without a license.
Data obtained by Avondale police from Google did show that a device logged into Molina’s Google account was in the area at the time of Knight’s murder. Yet on a different date, the location data from Google also showed that Molina was at a retirement community in Scottsdale (where his mother worked) while debit card records showed that Molina had made a purchase at a Walmart across town at the exact same time.
Molina’s attorneys argue that this and other instances like it should have made it clear to Avondale police that Google’s account-location data is not always reliable in determining the actual location of a person.
“About” searches might be rare, but that doesn’t make them a good idea. We have knowingly and willingly built the architecture of a police state, just so companies can show us ads. (And it is increasingly apparent that the advertising-supported Internet is heading for a crash.)
Mark Jaycox has written a long article on the US Executive Order 12333: “No Oversight, No Limits, No Worries: A Primer on Presidential Spying and Executive Order 12,333“:
Abstract: Executive Order 12,333 (“EO 12333”) is a 1980s Executive Order signed by President Ronald Reagan that, among other things, establishes an overarching policy framework for the Executive Branch’s spying powers. Although electronic surveillance programs authorized by EO 12333 generally target foreign intelligence from foreign targets, its permissive targeting standards allow for the substantial collection of Americans’ communications containing little to no foreign intelligence value. This fact alone necessitates closer inspection.
This working draft conducts such an inspection by collecting and coalescing the various declassifications, disclosures, legislative investigations, and news reports concerning EO 12333 electronic surveillance programs in order to provide a better understanding of how the Executive Branch implements the order and the surveillance programs it authorizes. The Article pays particular attention to EO 12333’s designation of the National Security Agency as primarily responsible for conducting signals intelligence, which includes the installation of malware, the analysis of internet traffic traversing the telecommunications backbone, the hacking of U.S.-based companies like Yahoo and Google, and the analysis of Americans’ communications, contact lists, text messages, geolocation data, and other information.
After exploring the electronic surveillance programs authorized by EO 12333, this Article proposes reforms to the existing policy framework, including narrowing the aperture of authorized surveillance, increasing privacy standards for the retention of data, and requiring greater transparency and accountability.
EDITED TO ADD (10/12): Good New York Times article from 1983 on EO 12333, pointing out that Congress had never limited its power. It still hasn’t.
And a related article on the FISA Court.
Shorter summary: it’s not the surveillance part, it’s the fact that these companies are monopolies.
I think it’s both. Surveillance capitalism has some unique properties that make it particularly unethical and incompatible with a free society, and Zuboff makes them clear in her book. But the current acceptance of monopolies in our society is also extremely damaging — which Doctorow makes clear.
We examine the threat to individuals’ privacy based on the feasibility of reidentifying users through distinctive profiles of their browsing history visible to websites and third parties. This work replicates and extends the 2012 paper Why Johnny Can’t Browse in Peace: On the Uniqueness of Web Browsing History Patterns. The original work demonstrated that browsing profiles are highly distinctive and stable. We reproduce those results and extend the original work to detail the privacy risk posed by the aggregation of browsing histories. Our dataset consists of two weeks of browsing data from ~52,000 Firefox users. Our work replicates the original paper’s core findings by identifying 48,919 distinct browsing profiles, of which 99% are unique. High uniqueness hold seven when histories are truncated to just 100 top sites. We then find that for users who visited 50 or more distinct domains in the two-week data collection period, ~50% can be reidentified using the top 10k sites. Reidentifiability rose to over 80% for users that browsed 150 or more distinct domains. Finally, we observe numerous third parties pervasive enough to gather web histories sufficient to leverage browsing history as an identifier.
One of the authors of the original study comments on the replication.
Sidebar photo of Bruce Schneier by Joe MacInnis.