Entries Tagged "privacy"

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Surveillance Intermediaries

Interesting law-journal article: “Surveillance Intermediaries,” by Alan Z. Rozenshtein.

Abstract:Apple’s 2016 fight against a court order commanding it to help the FBI unlock the iPhone of one of the San Bernardino terrorists exemplifies how central the question of regulating government surveillance has become in American politics and law. But scholarly attempts to answer this question have suffered from a serious omission: scholars have ignored how government surveillance is checked by “surveillance intermediaries,” the companies like Apple, Google, and Facebook that dominate digital communications and data storage, and on whose cooperation government surveillance relies. This Article fills this gap in the scholarly literature, providing the first comprehensive analysis of how surveillance intermediaries constrain the surveillance executive. In so doing, it enhances our conceptual understanding of, and thus our ability to improve, the institutional design of government surveillance.

Surveillance intermediaries have the financial and ideological incentives to resist government requests for user data. Their techniques of resistance are: proceduralism and litigiousness that reject voluntary cooperation in favor of minimal compliance and aggressive litigation; technological unilateralism that designs products and services to make surveillance harder; and policy mobilization that rallies legislative and public opinion to limit surveillance. Surveillance intermediaries also enhance the “surveillance separation of powers”; they make the surveillance executive more subject to inter-branch constraints from Congress and the courts, and to intra-branch constraints from foreign-relations and economics agencies as well as the surveillance executive’s own surveillance-limiting components.

The normative implications of this descriptive account are important and cross-cutting. Surveillance intermediaries can both improve and worsen the “surveillance frontier”: the set of tradeoffs ­ between public safety, privacy, and economic growth ­ from which we choose surveillance policy. And while intermediaries enhance surveillance self-government when they mobilize public opinion and strengthen the surveillance separation of powers, they undermine it when their unilateral technological changes prevent the government from exercising its lawful surveillance authorities.

Posted on June 7, 2017 at 6:19 AM • View Comments

NSA Abandons "About" Searches

Earlier this month, the NSA said that it would no longer conduct “about” searches of bulk communications data. This was the practice of collecting the communications of Americans based on keywords and phrases in the contents of the messages, not based on who they were from or to.

The NSA’s own words:

After considerable evaluation of the program and available technology, NSA has decided that its Section 702 foreign intelligence surveillance activities will no longer include any upstream internet communications that are solely “about” a foreign intelligence target. Instead, this surveillance will now be limited to only those communications that are directly “to” or “from” a foreign intelligence target. These changes are designed to retain the upstream collection that provides the greatest value to national security while reducing the likelihood that NSA will acquire communications of U.S. persons or others who are not in direct contact with one of the Agency’s foreign intelligence targets.

In addition, as part of this curtailment, NSA will delete the vast majority of previously acquired upstream internet communications as soon as practicable.

[…]

After reviewing amended Section 702 certifications and NSA procedures that implement these changes, the FISC recently issued an opinion and order, approving the renewal certifications and use of procedures, which authorize this narrowed form of Section 702 upstream internet collection. A declassification review of the FISC’s opinion and order, and the related targeting and minimization procedures, is underway.

A quick review: under Section 702 of the Patriot Act, the NSA seizes a copy of all communications moving through a telco—think e-mail and such—and searches it for particular senders, receivers, and—until recently—key words. This pretty clearly violates the Fourth Amendment, and groups like the EFF have been fighting the NSA in court about this for years. The NSA has also had problems in the FISA court about these searches, and cites “inadvertent compliance incidents” related to this.

We might learn more about this change. Again, from the NSA’s statement:

After reviewing amended Section 702 certifications and NSA procedures that implement these changes, the FISC recently issued an opinion and order, approving the renewal certifications and use of procedures, which authorize this narrowed form of Section 702 upstream internet collection. A declassification review of the FISC’s opinion and order, and the related targeting and minimization procedures, is underway.

And the EFF is still fighting for more NSA surveillance reforms.

Posted on May 19, 2017 at 2:05 PM • View Comments

Stealing Browsing History Using Your Phone's Ambient Light Sensor

There has been a flurry of research into using the various sensors on your phone to steal data in surprising ways. Here’s another: using the phone’s ambient light sensor to detect what’s on the screen. It’s a proof of concept, but the paper’s general conclusions are correct:

There is a lesson here that designing specifications and systems from a privacy engineering perspective is a complex process: decisions about exposing sensitive APIs to the web without any protections should not be taken lightly. One danger is that specification authors and browser vendors will base decisions on overly general principles and research results which don’t apply to a particular new feature (similarly to how protections on gyroscope readings might not be sufficient for light sensor data).

Posted on April 28, 2017 at 6:17 AM • View Comments

Reading Analytics and Privacy

Interesting paper: “The rise of reading analytics and the emerging calculus of reading privacy in the digital world,” by Clifford Lynch:

Abstract: This paper studies emerging technologies for tracking reading behaviors (“reading analytics”) and their implications for reader privacy, attempting to place them in a historical context. It discusses what data is being collected, to whom it is available, and how it might be used by various interested parties (including authors). I explore means of tracking what’s being read, who is doing the reading, and how readers discover what they read. The paper includes two case studies: mass-market e-books (both directly acquired by readers and mediated by libraries) and scholarly journals (usually mediated by academic libraries); in the latter case I also provide examples of the implications of various authentication, authorization and access management practices on reader privacy. While legal issues are touched upon, the focus is generally pragmatic, emphasizing technology and marketplace practices. The article illustrates the way reader privacy concerns are shifting from government to commercial surveillance, and the interactions between government and the private sector in this area. The paper emphasizes U.S.-based developments.

Posted on April 27, 2017 at 6:20 AM • View Comments

Surveillance and Our Insecure Infrastructure

Since Edward Snowden revealed to the world the extent of the NSA’s global surveillance network, there has been a vigorous debate in the technological community about what its limits should be.

Less discussed is how many of these same surveillance techniques are used by other—smaller and poorer—more totalitarian countries to spy on political opponents, dissidents, human rights defenders; the press in Toronto has documented some of the many abuses, by countries like Ethiopia , the UAE, Iran, Syria, Kazakhstan , Sudan, Ecuador, Malaysia, and China.

That these countries can use network surveillance technologies to violate human rights is a shame on the world, and there’s a lot of blame to go around.

We can point to the governments that are using surveillance against their own citizens.

We can certainly blame the cyberweapons arms manufacturers that are selling those systems, and the countries—mostly European—that allow those arms manufacturers to sell those systems.

There’s a lot more the global Internet community could do to limit the availability of sophisticated Internet and telephony surveillance equipment to totalitarian governments. But I want to focus on another contributing cause to this problem: the fundamental insecurity of our digital systems that makes this a problem in the first place.

IMSI catchers are fake mobile phone towers. They allow someone to impersonate a cell network and collect information about phones in the vicinity of the device and they’re used to create lists of people who were at a particular event or near a particular location.

Fundamentally, the technology works because the phone in your pocket automatically trusts any cell tower to which it connects. There’s no security in the connection protocols between the phones and the towers.

IP intercept systems are used to eavesdrop on what people do on the Internet. Unlike the surveillance that happens at the sites you visit, by companies like Facebook and Google, this surveillance happens at the point where your computer connects to the Internet. Here, someone can eavesdrop on everything you do.

This system also exploits existing vulnerabilities in the underlying Internet communications protocols. Most of the traffic between your computer and the Internet is unencrypted, and what is encrypted is often vulnerable to man-in-the-middle attacks because of insecurities in both the Internet protocols and the encryption protocols that protect it.

There are many other examples. What they all have in common is that they are vulnerabilities in our underlying digital communications systems that allow someone—whether it’s a country’s secret police, a rival national intelligence organization, or criminal group—to break or bypass what security there is and spy on the users of these systems.

These insecurities exist for two reasons. First, they were designed in an era where computer hardware was expensive and inaccessibility was a reasonable proxy for security. When the mobile phone network was designed, faking a cell tower was an incredibly difficult technical exercise, and it was reasonable to assume that only legitimate cell providers would go to the effort of creating such towers.

At the same time, computers were less powerful and software was much slower, so adding security into the system seemed like a waste of resources. Fast forward to today: computers are cheap and software is fast, and what was impossible only a few decades ago is now easy.

The second reason is that governments use these surveillance capabilities for their own purposes. The FBI has used IMSI-catchers for years to investigate crimes. The NSA uses IP interception systems to collect foreign intelligence. Both of these agencies, as well as their counterparts in other countries, have put pressure on the standards bodies that create these systems to not implement strong security.

Of course, technology isn’t static. With time, things become cheaper and easier. What was once a secret NSA interception program or a secret FBI investigative tool becomes usable by less-capable governments and cybercriminals.

Man-in-the-middle attacks against Internet connections are a common criminal tool to steal credentials from users and hack their accounts.

IMSI-catchers are used by criminals, too. Right now, you can go onto Alibaba.com and buy your own IMSI catcher for under $2,000.

Despite their uses by democratic governments for legitimate purposes, our security would be much better served by fixing these vulnerabilities in our infrastructures.

These systems are not only used by dissidents in totalitarian countries, they’re also used by legislators, corporate executives, critical infrastructure providers, and many others in the US and elsewhere.

That we allow people to remain insecure and vulnerable is both wrongheaded and dangerous.

Earlier this month, two American legislators—Senator Ron Wyden and Rep Ted Lieu—sent a letter to the chairman of the Federal Communications Commission, demanding that he do something about the country’s insecure telecommunications infrastructure.

They pointed out that not only are insecurities rampant in the underlying protocols and systems of the telecommunications infrastructure, but also that the FCC knows about these vulnerabilities and isn’t doing anything to force the telcos to fix them.

Wyden and Lieu make the point that fixing these vulnerabilities is a matter of US national security, but it’s also a matter of international human rights. All modern communications technologies are global, and anything the US does to improve its own security will also improve security worldwide.

Yes, it means that the FBI and the NSA will have a harder job spying, but it also means that the world will be a safer and more secure place.

This essay previously appeared on AlJazeera.com.

Posted on April 17, 2017 at 6:21 AM • View Comments

Congress Removes FCC Privacy Protections on Your Internet Usage

Think about all of the websites you visit every day. Now imagine if the likes of Time Warner, AT&T, and Verizon collected all of your browsing history and sold it on to the highest bidder. That’s what will probably happen if Congress has its way.

This week, lawmakers voted to allow Internet service providers to violate your privacy for their own profit. Not only have they voted to repeal a rule that protects your privacy, they are also trying to make it illegal for the Federal Communications Commission to enact other rules to protect your privacy online.

That this is not provoking greater outcry illustrates how much we’ve ceded any willingness to shape our technological future to for-profit companies and are allowing them to do it for us.

There are a lot of reasons to be worried about this. Because your Internet service provider controls your connection to the Internet, it is in a position to see everything you do on the Internet. Unlike a search engine or social networking platform or news site, you can’t easily switch to a competitor. And there’s not a lot of competition in the market, either. If you have a choice between two high-speed providers in the US, consider yourself lucky.

What can telecom companies do with this newly granted power to spy on everything you’re doing? Of course they can sell your data to marketers—and the inevitable criminals and foreign governments who also line up to buy it. But they can do more creepy things as well.

They can snoop through your traffic and insert their own ads. They can deploy systems that remove encryption so they can better eavesdrop. They can redirect your searches to other sites. They can install surveillance software on your computers and phones. None of these are hypothetical.

They’re all things Internet service providers have done before, and they are some of the reasons the FCC tried to protect your privacy in the first place. And now they’ll be able to do all of these things in secret, without your knowledge or consent. And, of course, governments worldwide will have access to these powers. And all of that data will be at risk of hacking, either by criminals and other governments.

Telecom companies have argued that other Internet players already have these creepy powers—although they didn’t use the word “creepy”—so why should they not have them as well? It’s a valid point.

Surveillance is already the business model of the Internet, and literally hundreds of companies spy on your Internet activity against your interests and for their own profit.

Your e-mail provider already knows everything you write to your family, friends, and colleagues. Google already knows our hopes, fears, and interests, because that’s what we search for.

Your cellular provider already tracks your physical location at all times: it knows where you live, where you work, when you go to sleep at night, when you wake up in the morning, and—because everyone has a smartphone—who you spend time with and who you sleep with.

And some of the things these companies do with that power is no less creepy. Facebook has run experiments in manipulating your mood by changing what you see on your news feed. Uber used its ride data to identify one-night stands. Even Sony once installed spyware on customers’ computers to try and detect if they copied music files.

Aside from spying for profit, companies can spy for other purposes. Uber has already considered using data it collects to intimidate a journalist. Imagine what an Internet service provider can do with the data it collects: against politicians, against the media, against rivals.

Of course the telecom companies want a piece of the surveillance capitalism pie. Despite dwindling revenues, increasing use of ad blockers, and increases in clickfraud, violating our privacy is still a profitable business—especially if it’s done in secret.

The bigger question is: why do we allow for-profit corporations to create our technological future in ways that are optimized for their profits and anathema to our own interests?

When markets work well, different companies compete on price and features, and society collectively rewards better products by purchasing them. This mechanism fails if there is no competition, or if rival companies choose not to compete on a particular feature. It fails when customers are unable to switch to competitors. And it fails when what companies do remains secret.

Unlike service providers like Google and Facebook, telecom companies are infrastructure that requires government involvement and regulation. The practical impossibility of consumers learning the extent of surveillance by their Internet service providers, combined with the difficulty of switching them, means that the decision about whether to be spied on should be with the consumer and not a telecom giant. That this new bill reverses that is both wrong and harmful.

Today, technology is changing the fabric of our society faster than at any other time in history. We have big questions that we need to tackle: not just privacy, but questions of freedom, fairness, and liberty. Algorithms are making decisions about policing, healthcare.

Driverless vehicles are making decisions about traffic and safety. Warfare is increasingly being fought remotely and autonomously. Censorship is on the rise globally. Propaganda is being promulgated more efficiently than ever. These problems won’t go away. If anything, the Internet of things and the computerization of every aspect of our lives will make it worse.

In today’s political climate, it seems impossible that Congress would legislate these things to our benefit. Right now, regulatory agencies such as the FTC and FCC are our best hope to protect our privacy and security against rampant corporate power. That Congress has decided to reduce that power leaves us at enormous risk.

It’s too late to do anything about this bill—Trump will certainly sign it—but we need to be alert to future bills that reduce our privacy and security.

This post previously appeared on the Guardian.

EDITED TO ADD: Former FCC Commissioner Tom Wheeler wrote a good op-ed on the subject. And here’s an essay laying out what this all means to the average Internet user.

EDITED TO ADD (4/12): States are stepping in.

Posted on March 31, 2017 at 12:07 PM • View Comments

Digital Security Exchange: Security for High-Risk Communities

I am part of this very interesting project:

For many users, blog posts on how to install Signal, massive guides to protecting your digital privacy, and broad statements like “use Tor”—all offered in good faith and with the best of intentions—can be hard to understand or act upon. If we want to truly secure civil society from digital attacks and empower communities in their to fight to protect their rights, we’ve got to recognize that digital security is largely a human problem, not a technical one. Taking cues from the experiences of the deeply knowledgeable global digital security training community, the Digital Security Exchange will seek to make it easier for trainers and experts to connect directly to the communities in the U.S.—sharing expertise, documentation, and best practices—in order to increase capacity and security across the board.

Posted on March 14, 2017 at 1:08 PM • View Comments

Defense against Doxing

A decade ago, I wrote about the death of ephemeral conversation. As computers were becoming ubiquitous, some unintended changes happened, too. Before computers, what we said disappeared once we’d said it. Neither face-to-face conversations nor telephone conversations were routinely recorded. A permanent communication was something different and special; we called it correspondence.

The Internet changed this. We now chat by text message and e-mail, on Facebook and on Instagram. These conversations—with friends, lovers, colleagues, fellow employees—all leave electronic trails. And while we know this intellectually, we haven’t truly internalized it. We still think of conversation as ephemeral, forgetting that we’re being recorded and what we say has the permanence of correspondence.

That our data is used by large companies for psychological manipulation ­—we call this advertising—­ is well known. So is its use by governments for law enforcement and, depending on the country, social control. What made the news over the past year were demonstrations of how vulnerable all of this data is to hackers and the effects of having it hacked, copied, and then published online. We call this doxing.

Doxing isn’t new, but it has become more common. It’s been perpetrated against corporations, law firms, individuals, the NSA and—just this week—the CIA. It’s largely harassment and not whistleblowing, and it’s not going to change anytime soon. The data in your computer and in the cloud are, and will continue to be, vulnerable to hacking and publishing online. Depending on your prominence and the details of this data, you may need some new strategies to secure your private life.

There are two basic ways hackers can get at your e-mail and private documents. One way is to guess your password. That’s how hackers got their hands on personal photos of celebrities from iCloud in 2014.

How to protect yourself from this attack is pretty obvious. First, don’t choose a guessable password. This is more than not using “password1” or “qwerty”; most easily memorizable passwords are guessable. My advice is to generate passwords you have to remember by using either the XKCD scheme or the Schneier scheme, and to use large random passwords stored in a password manager for everything else.

Second, turn on two-factor authentication where you can, like Google’s 2-Step Verification. This adds another step besides just entering a password, such as having to type in a one-time code that’s sent to your mobile phone. And third, don’t reuse the same password on any sites you actually care about.

You’re not done, though. Hackers have accessed accounts by exploiting the “secret question” feature and resetting the password. That was how Sarah Palin’s e-mail account was hacked in 2008. The problem with secret questions is that they’re not very secret and not very random. My advice is to refuse to use those features. Type randomness into your keyboard, or choose a really random answer and store it in your password manager.

Finally, you also have to stay alert to phishing attacks, where a hacker sends you an enticing e-mail with a link that sends you to a web page that looks almost like the expected page, but which actually isn’t. This sort of thing can bypass two-factor authentication, and is almost certainly what tricked John Podesta and Colin Powell.

The other way hackers can get at your personal stuff is by breaking in to the computers the information is stored on. This is how the Russians got into the Democratic National Committee’s network and how a lone hacker got into the Panamanian law firm Mossack Fonseca. Sometimes individuals are targeted, as when China hacked Google in 2010 to access the e-mail accounts of human rights activists. Sometimes the whole network is the target, and individuals are inadvertent victims, as when thousands of Sony employees had their e-mails published by North Korea in 2014.

Protecting yourself is difficult, because it often doesn’t matter what you do. If your e-mail is stored with a service provider in the cloud, what matters is the security of that network and that provider. Most users have no control over that part of the system. The only way to truly protect yourself is to not keep your data in the cloud where someone could get to it. This is hard. We like the fact that all of our e-mail is stored on a server somewhere and that we can instantly search it. But that convenience comes with risk. Consider deleting old e-mail, or at least downloading it and storing it offline on a portable hard drive. In fact, storing data offline is one of the best things you can do to protect it from being hacked and exposed. If it’s on your computer, what matters is the security of your operating system and network, not the security of your service provider.

Consider this for files on your own computer. The more things you can move offline, the safer you’ll be.

E-mail, no matter how you store it, is vulnerable. If you’re worried about your conversations becoming public, think about an encrypted chat program instead, such as Signal, WhatsApp or Off-the-Record Messaging. Consider using communications systems that don’t save everything by default.

None of this is perfect, of course. Portable hard drives are vulnerable when you connect them to your computer. There are ways to jump air gaps and access data on computers not connected to the Internet. Communications and data files you delete might still exist in backup systems somewhere—either yours or those of the various cloud providers you’re using. And always remember that there’s always another copy of any of your conversations stored with the person you’re conversing with. Even with these caveats, though, these measures will make a big difference.

When secrecy is truly paramount, go back to communications systems that are still ephemeral. Pick up the telephone and talk. Meet face to face. We don’t yet live in a world where everything is recorded and everything is saved, although that era is coming. Enjoy the last vestiges of ephemeral conversation while you still can.

This essay originally appeared in the Washington Post.

Posted on March 10, 2017 at 6:15 AM • View Comments

Uber Uses Ubiquitous Surveillance to Identify and Block Regulators

The New York Times reports that Uber developed apps that identified and blocked government regulators using the app to find evidence of illegal behavior:

Yet using its app to identify and sidestep authorities in places where regulators said the company was breaking the law goes further in skirting ethical lines—and potentially legal ones, too. Inside Uber, some of those who knew about the VTOS program and how the Greyball tool was being used were troubled by it.

[…]

One method involved drawing a digital perimeter, or “geofence,” around authorities’ offices on a digital map of the city that Uber monitored. The company watched which people frequently opened and closed the app—a process internally called “eyeballing”—around that location, which signified that the user might be associated with city agencies.

Other techniques included looking at the user’s credit card information and whether that card was tied directly to an institution like a police credit union.

Enforcement officials involved in large-scale sting operations to catch Uber drivers also sometimes bought dozens of cellphones to create different accounts. To circumvent that tactic, Uber employees went to that city’s local electronics stores to look up device numbers of the cheapest mobile phones on sale, which were often the ones bought by city officials, whose budgets were not sizable.

In all, there were at least a dozen or so signifiers in the VTOS program that Uber employees could use to assess whether users were new riders or very likely city officials.

If those clues were not enough to confirm a user’s identity, Uber employees would search social media profiles and other available information online. Once a user was identified as law enforcement, Uber Greyballed him or her, tagging the user with a small piece of code that read Greyball followed by a string of numbers.

When Edward Snowden exposed the fact that the NSA does this sort of thing, I commented that the technologies will eventually become cheap enough for corporations to do it. Now, it has.

One discussion we need to have is whether or not this behavior is legal. But another, more important, discussion is whether or not it is ethical. Do we want to live in a society where corporations wield this sort of power against government? Against individuals? Because if we don’t align government against this kind of behavior, it’ll become the norm.

Posted on March 6, 2017 at 6:24 AM • View Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.