Entries Tagged "privacy"

Page 47 of 145

Why the Current Section 215 Reform Debate Doesn't Matter Much

The ACLU’s Chris Soghoian explains (time 25:52-30:55) why the current debate over Section 215 of the Patriot Act is just a minor facet of a large and complex bulk collection program by the FBI and the NSA.

There were 180 orders authorized last year by the FISA Court under Section 215—180 orders issued by this court. Only five of those orders relate to the telephony metadata program. There are 175 orders about completely separate things. In six weeks, Congress will either reauthorize this statute or let it expire, and we’re having a debate—to the extent we’re even having a debate—but the debate that’s taking place is focused on five of the 180, and there’s no debate at all about the other 175 orders.

Now, Senator Wyden has said there are other bulk collection programs targeted at Americans that the public would be shocked to learn about. We don’t know, for example, how the government collects records from Internet providers. We don’t know how they get bulk metadata from tech companies about Americans. We don’t know how the American government gets calling card records.

If we take General Hayden at face value—and I think you’re an honest guy—if the purpose of the 215 program is to identify people who are calling Yemen and Pakistan and Somalia, where one end is in the United States, your average Somali-American is not calling Somalia from their land line phone or their cell phone for the simple reason that AT&T will charge them $7.00 a minute in long distance fees. The way that people in the diaspora call home—the way that people in the Somali or Yemeni community call their family and friends back home—they walk into convenience stores and they buy prepaid calling cards. That is how regular people make international long distance calls.

So the 215 program that has been disclosed publicly, the 215 program that is being debated publicly, is about records to major carriers like AT&T and Verizon. We have not had a debate about surveillance requests, bulk orders to calling card companies, to Skype, to voice over Internet protocol companies. Now, if NSA isn’t collecting those records, they’re not doing their job. I actually think that that’s where the most useful data is. But why are we having this debate about these records that don’t contain a lot of calls to Somalia when we should be having a debate about the records that do contain calls to Somalia and do contain records of e-mails and instant messages and searches and people posting inflammatory videos to YouTube?

Certainly the government is collecting that data, but we don’t know how they’re doing it, we don’t know at what scale they’re doing it, and we don’t know with which authority they’re doing it. And I think it is a farce to say that we’re having a debate about the surveillance authority when really, we’re just debating this very narrow usage of the statute.

Further underscoring this point, yesterday the Department of Justice’s Office of the Inspector General released a redacted version of its internal audit of the FBI’s use of Section 215: “A Review of the FBI’s Use of Section 215 Orders: Assessment of Progress in Implementing Recommendations and Examination of Use in 2007 through 2009,” following the reports of the statute’s use from 2002-2005 and 2006. (Remember that the FBI and the NSA are inexorably connected here. The order to Verizon was from the FBI, requiring it to turn data over to the NSA.)

Details about legal justifications are all in the report (see here for an important point about minimization), but detailed data on exactly what the FBI is collecting—whether targeted or bulk—is left out. We read that the FBI demanded “customer information” (p. 36), “medical and educational records” (p. 39) “account information and electronic communications transactional records” (p. 41), “information regarding other cyber activity” (p. 42). Some of this was undoubtedly targeted against individuals; some of it was undoubtedly bulk.

I believe bulk collection is discussed in detail in Chapter VI. The chapter title is redacted, as well as the introduction (p. 46). Section A is “Bulk Telephony Metadata.” Section B (pp. 59-63) is completely redacted, including the section title. There’s a summary in the Introduction (p. 3): “In Section VI, we update the information about the uses of Section 215 authority described [redacted word] Classified Appendices to our last report. These appendices described the FBI’s use of Section 215 authority on behalf of the NSA to obtain bulk collections of telephony metadata [long redacted clause].” Sounds like a comprehensive discussion of bulk collection under Section 215.

What’s in there? As Soghoian says, certainly other communications systems like prepaid calling cards, Skype, text messaging systems, and e-mails. Search history and browser logs? Financial transactions? The “medical and educational records” mentioned above? Probably all of them—and the data is in the report, redacted (p. 29)—but there’s nothing public.

The problem is that those are the pages Congress should be debating, and not the telephony metadata program exposed by Snowden.

EDITED TO ADD: Marcy Wheeler is going through the document line by line.

Posted on May 22, 2015 at 5:45 AM • View Comments

New Pew Research Report on Americans' Attitudes on Privacy, Security, and Surveillance

This is interesting:

The surveys find that Americans feel privacy is important in their daily lives in a number of essential ways. Yet, they have a pervasive sense that they are under surveillance when in public and very few feel they have a great deal of control over the data that is collected about them and how it is used. Adding to earlier Pew Research reports that have documented low levels of trust in sectors that Americans associate with data collection and monitoring, the new findings show Americans also have exceedingly low levels of confidence in the privacy and security of the records that are maintained by a variety of institutions in the digital age.

While some Americans have taken modest steps to stem the tide of data collection, few have adopted advanced privacy-enhancing measures. However, majorities of Americans expect that a wide array of organizations should have limits on the length of time that they can retain records of their activities and communications. At the same time, Americans continue to express the belief that there should be greater limits on government surveillance programs. Additionally, they say it is important to preserve the ability to be anonymous for certain online activities.

Lots of detail in the reports.

Posted on May 21, 2015 at 1:05 PM • View Comments

The Further Democratization of Stingray

Stingray is the code name for an IMSI-catcher, which is basically a fake cell phone tower sold by Harris Corporation to various law enforcement agencies. (It’s actually just one of a series of devices with fish names—Amberjack is another—but it’s the name used in the media.) What is basically does is trick nearby cell phones into connecting to it. Once that happens, the IMSI-catcher can collect identification and location information of the phones and, in some cases, eavesdrop on phone conversations, text messages, and web browsing. (IMSI stands for International Mobile Subscriber Identity, which is the unique serial number your cell phone broadcasts so that the cellular system knows where you are.)

The use of IMSI-catchers in the US used to be a massive police secret. The FBI is so scared of explaining this capability in public that the agency makes local police sign nondisclosure agreements before using the technique, and has instructed them to lie about their use of it in court. When it seemed possible that local police in Sarasota, Florida, might release documents about Stingray cell phone interception equipment to plaintiffs in civil rights litigation against them, federal marshals seized the documents. More recently, St. Louis police dropped a case rather than talk about the technology in court. And Baltimore police admitted using Stingray over 25,000 times.

The truth is that it’s no longer a massive police secret. We now know a lot about IMSI-catchers. And the US government does not have a monopoly over the use of IMSI-catchers. I wrote in Data and Goliath:

There are dozens of these devices scattered around Washington, DC, and the rest of the country run by who-knows-what government or organization. Criminal uses are next.

From the Washington Post:

How rife? Turner and his colleagues assert that their specially outfitted smartphone, called the GSMK CryptoPhone, had detected signs of as many as 18 IMSI catchers in less than two days of driving through the region. A map of these locations, released Wednesday afternoon, looks like a primer on the geography of Washington power, with the surveillance devices reportedly near the White House, the Capitol, foreign embassies and the cluster of federal contractors near Dulles International Airport.

At the RSA Conference last week, Pwnie Express demonstrated their IMSI-catcher detector.

Building your own IMSI-catcher isn’t hard or expensive. At Def Con in 2010, researcher Chris Paget (now Kristin Paget) demonstrated a homemade IMSI-catcher. The whole thing cost $1,500, which is cheap enough for both criminals and nosy hobbyists.

It’s even cheaper and easier now. Anyone with a HackRF software-defined radio card can turn their laptop into an amateur IMSI-catcher. And this is why companies are building detectors into their security monitoring equipment.

Two points here. The first is that the FBI should stop treating Stingray like it’s a big secret, so we can start talking about policy.

The second is that we should stop pretending that this capability is exclusive to law enforcement, and recognize that we’re all at risk because of it. If we continue to allow our cellular networks to be vulnerable to IMSI-catchers, then we are all vulnerable to any foreign government, criminal, hacker, or hobbyist that builds one. If we instead engineer our cellular networks to be secure against this sort of attack, then we are safe against all those attackers.

Me:

We have one infrastructure. We can’t choose a world where the US gets to spy and the Chinese don’t. We get to choose a world where everyone can spy, or a world where no one can spy. We can be secure from everyone, or vulnerable to anyone.

Like QUANTUM, we have the choice of building our cellular infrastructure for security or for surveillance. Let’s choose security.

EDITED TO ADD (5/2): Here’s an IMSI catcher for sale on alibaba.com. At this point, every dictator in the world is using this technology against its own citizens. They’re used extensively in China to send SMS spam without paying the telcos any fees. On a Food Network show called Mystery Diners—episode 108, “Cabin Fever”—someone used an IMSI catcher to intercept a phone call between two restaurant employees.

The new model of the IMSI catcher from Harris Corporation is called Hailstorm. It has the ability to remotely inject malware into cell phones. Other Harris IMSI-catcher codenames are Kingfish, Gossamer, Triggerfish, Amberjack and Harpoon. The competitor is DRT, made by the Boeing subsidiary Digital Receiver Technology, Inc.

EDITED TO ADD (5/2): Here’s an IMSI catcher called Piranha, sold by the Israeli company Rayzone Corp. It claims to work on GSM 2G, 3G, and 4G networks (plus CDMA, of course). The basic Stingray only works on GSM 2G networks, and intercepts phones on the more modern networks by forcing them to downgrade to the 2G protocols. We believe that the more modern ISMI catchers also work against 3G and 4G networks.

EDITED TO ADD (5/13): The FBI recently released more than 5,000 pages of documents about Stingray, but nearly everything is redacted.

Posted on April 27, 2015 at 6:27 AM • View Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.