Entries Tagged "privacy"

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Pre-Snowden Debate About NSA Call-Records Collection Program

AP is reporting that in 2009, several senior NSA officials objected to the NSA call-records collection program.

The now-retired NSA official, a longtime code-breaker who rose to top management, had just learned in 2009 about the top secret program that was created shortly after the Sept. 11, 2001, attacks. He says he argued to then-NSA Director Keith Alexander that storing the calling records of nearly every American fundamentally changed the character of the agency, which is supposed to eavesdrop on foreigners, not Americans.

Hacker News thread.

Posted on November 20, 2014 at 2:42 PMView Comments

Narrowly Constructing National Surveillance Law

Orin Kerr has a new article that argues for narrowly constructing national security law:

This Essay argues that Congress should adopt a rule of narrow construction of the national security surveillance statutes. Under this interpretive rule, which the Essay calls a “rule of lenity,” ambiguity in the powers granted to the executive branch in the sections of the United States Code on national security surveillance should trigger a narrow judicial interpretation in favor of the individual and against the State. A rule of lenity would push Congress to be the primary decision maker to balance privacy and security when technology changes, limiting the rulemaking power of the secret Foreign Intelligence Surveillance Court. A rule of lenity would help restore the power over national security surveillance law to where it belongs: The People.

This is certainly not a panacea. As Jack Goldsmith rightly points out, more Congressional oversight over NSA surveillance during the last decade would have gained us more NSA surveillance. But it’s certainly better than having secret courts make the rules after only hearing one side of the argument.

Posted on November 11, 2014 at 2:13 PMView Comments

How Did the Feds Identity Dread Pirate Roberts?

Last month, I wrote that the FBI identified Ross W. Ulbricht as the Silk Road’s Dread Pirate Roberts through a leaky CAPTCHA. Seems that story doesn’t hold water:

The FBI claims that it found the Silk Road server by examining plain text Internet traffic to and from the Silk Road CAPTCHA, and that it visited the address using a regular browser and received the CAPTCHA page. But [Nicholas] Weaver says the traffic logs from the Silk Road server (PDF) that also were released by the government this week tell a different story.

“The server logs which the FBI provides as evidence show that, no, what happened is the FBI didn’t see a leakage coming from that IP,” he said. “What happened is they contacted that IP directly and got a PHPMyAdmin configuration page.” See this PDF file for a look at that PHPMyAdmin page. Here is the PHPMyAdmin server configuration.

But this is hardly a satisfying answer to how the FBI investigators located the Silk Road servers. After all, if the FBI investigators contacted the PHPMyAdmin page directly, how did they know to do that in the first place?

“That’s still the $64,000 question,” Weaver said. “So both the CAPTCHA couldn’t leak in that configuration, and the IP the government visited wasn’t providing the CAPTCHA, but instead a PHPMyAdmin interface. Thus, the leaky CAPTCHA story is full of holes.”

My guess is that the NSA provided the FBI with this information. We know that the NSA provides surveillance data to the FBI and the DEA, under the condition that they lie about where it came from in court.

NSA whistleblower William Binney explained how it’s done:

…when you can’t use the data, you have to go out and do a parallel construction, [which] means you use what you would normally consider to be investigative techniques, [and] go find the data. You have a little hint, though. NSA is telling you where the data is…

Posted on October 20, 2014 at 6:19 AMView Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.