Entries Tagged "privacy"

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Online Privacy and Overfishing

Microsoft recently caught state-backed hackers using its generative AI tools to help with their attacks. In the security community, the immediate questions weren’t about how hackers were using the tools (that was utterly predictable), but about how Microsoft figured it out. The natural conclusion was that Microsoft was spying on its AI users, looking for harmful hackers at work.

Some pushed back at characterizing Microsoft’s actions as “spying.” Of course cloud service providers monitor what users are doing. And because we expect Microsoft to be doing something like this, it’s not fair to call it spying.

We see this argument as an example of our shifting collective expectations of privacy. To understand what’s happening, we can learn from an unlikely source: fish.

In the mid-20th century, scientists began noticing that the number of fish in the ocean—so vast as to underlie the phrase “There are plenty of fish in the sea”—had started declining rapidly due to overfishing. They had already seen a similar decline in whale populations, when the post-WWII whaling industry nearly drove many species extinct. In whaling and later in commercial fishing, new technology made it easier to find and catch marine creatures in ever greater numbers. Ecologists, specifically those working in fisheries management, began studying how and when certain fish populations had gone into serious decline.

One scientist, Daniel Pauly, realized that researchers studying fish populations were making a major error when trying to determine acceptable catch size. It wasn’t that scientists didn’t recognize the declining fish populations. It was just that they didn’t realize how significant the decline was. Pauly noted that each generation of scientists had a different baseline to which they compared the current statistics, and that each generation’s baseline was lower than that of the previous one.

What seems normal to us in the security community is whatever was commonplace at the beginning of our careers.

Pauly called this “shifting baseline syndrome” in a 1995 paper. The baseline most scientists used was the one that was normal when they began their research careers. By that measure, each subsequent decline wasn’t significant, but the cumulative decline was devastating. Each generation of researchers came of age in a new ecological and technological environment, inadvertently masking an exponential decline.

Pauly’s insights came too late to help those managing some fisheries. The ocean suffered catastrophes such as the complete collapse of the Northwest Atlantic cod population in the 1990s.

Internet surveillance, and the resultant loss of privacy, is following the same trajectory. Just as certain fish populations in the world’s oceans have fallen 80 percent, from previously having fallen 80 percent, from previously having fallen 80 percent (ad infinitum), our expectations of privacy have similarly fallen precipitously. The pervasive nature of modern technology makes surveillance easier than ever before, while each successive generation of the public is accustomed to the privacy status quo of their youth. What seems normal to us in the security community is whatever was commonplace at the beginning of our careers.

Historically, people controlled their computers, and software was standalone. The always-connected cloud-deployment model of software and services flipped the script. Most apps and services are designed to be always-online, feeding usage information back to the company. A consequence of this modern deployment model is that everyone—cynical tech folks and even ordinary users—expects that what you do with modern tech isn’t private. But that’s because the baseline has shifted.

AI chatbots are the latest incarnation of this phenomenon: They produce output in response to your input, but behind the scenes there’s a complex cloud-based system keeping track of that input—both to improve the service and to sell you ads.

Shifting baselines are at the heart of our collective loss of privacy. The U.S. Supreme Court has long held that our right to privacy depends on whether we have a reasonable expectation of privacy. But expectation is a slippery thing: It’s subject to shifting baselines.

The question remains: What now? Fisheries scientists, armed with knowledge of shifting-baseline syndrome, now look at the big picture. They no longer consider relative measures, such as comparing this decade with the last decade. Instead, they take a holistic, ecosystem-wide perspective to see what a healthy marine ecosystem and thus sustainable catch should look like. They then turn these scientifically derived sustainable-catch figures into limits to be codified by regulators.

In privacy and security, we need to do the same. Instead of comparing to a shifting baseline, we need to step back and look at what a healthy technological ecosystem would look like: one that respects people’s privacy rights while also allowing companies to recoup costs for services they provide. Ultimately, as with fisheries, we need to take a big-picture perspective and be aware of shifting baselines. A scientifically informed and democratic regulatory process is required to preserve a heritage—whether it be the ocean or the Internet—for the next generation.

This essay was written with Barath Raghavan, and previously appeared in IEEE Spectrum.

EDITED TO ADD (6/23): This essay has been translated into German.

Posted on June 5, 2024 at 7:00 AM • View Comments

Privacy Implications of Tracking Wireless Access Points

Brian Krebs reports on research into geolocating routers:

Apple and the satellite-based broadband service Starlink each recently took steps to address new research into the potential security and privacy implications of how their services geolocate devices. Researchers from the University of Maryland say they relied on publicly available data from Apple to track the location of billions of devices globally—including non-Apple devices like Starlink systems—and found they could use this data to monitor the destruction of Gaza, as well as the movements and in many cases identities of Russian and Ukrainian troops.

Really fascinating implications to this research.

Research paper: “Surveilling the Masses with Wi-Fi-Based Positioning Systems:

Abstract: Wi-Fi-based Positioning Systems (WPSes) are used by modern mobile devices to learn their position using nearby Wi-Fi access points as landmarks. In this work, we show that Apple’s WPS can be abused to create a privacy threat on a global scale. We present an attack that allows an unprivileged attacker to amass a worldwide snapshot of Wi-Fi BSSID geolocations in only a matter of days. Our attack makes few assumptions, merely exploiting the fact that there are relatively few dense regions of allocated MAC address space. Applying this technique over the course of a year, we learned the precise
locations of over 2 billion BSSIDs around the world.

The privacy implications of such massive datasets become more stark when taken longitudinally, allowing the attacker to track devices’ movements. While most Wi-Fi access points do not move for long periods of time, many devices—like compact travel routers—are specifically designed to be mobile.

We present several case studies that demonstrate the types of attacks on privacy that Apple’s WPS enables: We track devices moving in and out of war zones (specifically Ukraine and Gaza), the effects of natural disasters (specifically the fires in Maui), and the possibility of targeted individual tracking by proxy—all by remotely geolocating wireless access points.

We provide recommendations to WPS operators and Wi-Fi access point manufacturers to enhance the privacy of hundreds of millions of users worldwide. Finally, we detail our efforts at responsibly disclosing this privacy vulnerability, and outline some mitigations that Apple and Wi-Fi access point manufacturers have implemented both independently and as a result of our work.

Posted on May 29, 2024 at 7:01 AM • View Comments

Personal AI Assistants and Privacy

Microsoft is trying to create a personal digital assistant:

At a Build conference event on Monday, Microsoft revealed a new AI-powered feature called “Recall” for Copilot+ PCs that will allow Windows 11 users to search and retrieve their past activities on their PC. To make it work, Recall records everything users do on their PC, including activities in apps, communications in live meetings, and websites visited for research. Despite encryption and local storage, the new feature raises privacy concerns for certain Windows users.

I wrote about this AI trust problem last year:

One of the promises of generative AI is a personal digital assistant. Acting as your advocate with others, and as a butler with you. This requires an intimacy greater than your search engine, email provider, cloud storage system, or phone. You’re going to want it with you 24/7, constantly training on everything you do. You will want it to know everything about you, so it can most effectively work on your behalf.

And it will help you in many ways. It will notice your moods and know what to suggest. It will anticipate your needs and work to satisfy them. It will be your therapist, life coach, and relationship counselor.

You will default to thinking of it as a friend. You will speak to it in natural language, and it will respond in kind. If it is a robot, it will look humanoid—­or at least like an animal. It will interact with the whole of your existence, just like another person would.

[…]

And you will want to trust it. It will use your mannerisms and cultural references. It will have a convincing voice, a confident tone, and an authoritative manner. Its personality will be optimized to exactly what you like and respond to.

It will act trustworthy, but it will not be trustworthy. We won’t know how they are trained. We won’t know their secret instructions. We won’t know their biases, either accidental or deliberate.

We do know that they are built at enormous expense, mostly in secret, by profit-maximizing corporations for their own benefit.

[…]

All of this is a long-winded way of saying that we need trustworthy AI. AI whose behavior, limitations, and training are understood. AI whose biases are understood, and corrected for. AI whose goals are understood. That won’t secretly betray your trust to someone else.

The market will not provide this on its own. Corporations are profit maximizers, at the expense of society. And the incentives of surveillance capitalism are just too much to resist.

We are going to need some sort of public AI to counterbalance all of these corporate AIs.

EDITED TO ADD (5/24): Lots of comments about Microsoft Recall and security:

This:

Because Recall is “default allow” (it relies on a list of things not to record) … it’s going to vacuum up huge volumes and heretofore unknown types of data, most of which are ephemeral today. The “we can’t avoid saving passwords if they’re not masked” warning Microsoft included is only the tip of that iceberg. There’s an ocean of data that the security ecosystem assumes is “out of reach” because it’s either never stored, or it’s encrypted in transit. All of that goes out the window if the endpoint is just going to…turn around and write it to disk. (And local encryption at rest won’t help much here if the data is queryable in the user’s own authentication context!)

This:

The fact that Microsoft’s new Recall thing won’t capture DRM content means the engineers do understand the risk of logging everything. They just chose to preference the interests of corporates and money over people, deliberately.

This:

Microsoft Recall is going to make post-breach impact analysis impossible. Right now IR processes can establish a timeline of data stewardship to identify what information may have been available to an attacker based on the level of access they obtained. It’s not trivial work, but IR folks can do it. Once a system with Recall is compromised, all data that has touched that system is potentially compromised too, and the ML indirection makes it near impossible to confidently identify a blast radius.

This:

You may be in a position where leaders in your company are hot to turn on Microsoft Copilot Recall. Your best counterargument isn’t threat actors stealing company data. It’s that opposing counsel will request the recall data and demand it not be disabled as part of e-discovery proceedings.

Posted on May 23, 2024 at 7:00 AM • View Comments

Dan Solove on Privacy Regulation

Law professor Dan Solove has a new article on privacy regulation. In his email to me, he writes: “I’ve been pondering privacy consent for more than a decade, and I think I finally made a breakthrough with this article.” His mini-abstract:

In this Article I argue that most of the time, privacy consent is fictitious. Instead of futile efforts to try to turn privacy consent from fiction to fact, the better approach is to lean into the fictions. The law can’t stop privacy consent from being a fairy tale, but the law can ensure that the story ends well. I argue that privacy consent should confer less legitimacy and power and that it be backstopped by a set of duties on organizations that process personal data based on consent.

Full abstract:

Consent plays a profound role in nearly all privacy laws. As Professor Heidi Hurd aptly said, consent works “moral magic”—it transforms things that would be illegal and immoral into lawful and legitimate activities. As to privacy, consent authorizes and legitimizes a wide range of data collection and processing.

There are generally two approaches to consent in privacy law. In the United States, the notice-and-choice approach predominates; organizations post a notice of their privacy practices and people are deemed to consent if they continue to do business with the organization or fail to opt out. In the European Union, the General Data Protection Regulation (GDPR) uses the express consent approach, where people must voluntarily and affirmatively consent.

Both approaches fail. The evidence of actual consent is non-existent under the notice-and-choice approach. Individuals are often pressured or manipulated, undermining the validity of their consent. The express consent approach also suffers from these problems ­ people are ill-equipped to decide about their privacy, and even experts cannot fully understand what algorithms will do with personal data. Express consent also is highly impractical; it inundates individuals with consent requests from thousands of organizations. Express consent cannot scale.

In this Article, I contend that most of the time, privacy consent is fictitious. Privacy law should take a new approach to consent that I call “murky consent.” Traditionally, consent has been binary—an on/off switch—but murky consent exists in the shadowy middle ground between full consent and no consent. Murky consent embraces the fact that consent in privacy is largely a set of fictions and is at best highly dubious.

Because it conceptualizes consent as mostly fictional, murky consent recognizes its lack of legitimacy. To return to Hurd’s analogy, murky consent is consent without magic. Rather than provide extensive legitimacy and power, murky consent should authorize only a very restricted and weak license to use data. Murky consent should be subject to extensive regulatory oversight with an ever-present risk that it could be deemed invalid. Murky consent should rest on shaky ground. Because the law pretends people are consenting, the law’s goal should be to ensure that what people are consenting to is good. Doing so promotes the integrity of the fictions of consent. I propose four duties to achieve this end: (1) duty to obtain consent appropriately; (2) duty to avoid thwarting reasonable expectations; (3) duty of loyalty; and (4) duty to avoid unreasonable risk. The law can’t make the tale of privacy consent less fictional, but with these duties, the law can ensure the story ends well.

Posted on April 24, 2024 at 7:05 AM • View Comments

US Cyber Safety Review Board on the 2023 Microsoft Exchange Hack

The US Cyber Safety Review Board released a report on the summer 2023 hack of Microsoft Exchange by China. It was a serious attack by the Chinese government that accessed the emails of senior US government officials.

From the executive summary:

The Board finds that this intrusion was preventable and should never have occurred. The Board also concludes that Microsoft’s security culture was inadequate and requires an overhaul, particularly in light of the company’s centrality in the technology ecosystem and the level of trust customers place in the company to protect their data and operations. The Board reaches this conclusion based on:

  1. the cascade of Microsoft’s avoidable errors that allowed this intrusion to succeed;
  2. Microsoft’s failure to detect the compromise of its cryptographic crown jewels on its own, relying instead on a customer to reach out to identify anomalies the customer had observed;
  3. the Board’s assessment of security practices at other cloud service providers, which maintained security controls that Microsoft did not;
  4. Microsoft’s failure to detect a compromise of an employee’s laptop from a recently acquired company prior to allowing it to connect to Microsoft’s corporate network in 2021;
  5. Microsoft’s decision not to correct, in a timely manner, its inaccurate public statements about this incident, including a corporate statement that Microsoft believed it had determined the likely root cause of the intrusion when in fact, it still has not; even though Microsoft acknowledged to the Board in November 2023 that its September 6, 2023 blog post about the root cause was inaccurate, it did not update that post until March 12, 2024, as the Board was concluding its review and only after the Board’s repeated questioning about Microsoft’s plans to issue a correction;
  6. the Board’s observation of a separate incident, disclosed by Microsoft in January 2024, the investigation of which was not in the purview of the Board’s review, which revealed a compromise that allowed a different nation-state actor to access highly-sensitive Microsoft corporate email accounts, source code repositories, and internal systems; and
  7. how Microsoft’s ubiquitous and critical products, which underpin essential services that support national security, the foundations of our economy, and public health and safety, require the company to demonstrate the highest standards of security, accountability, and transparency.

The report includes a bunch of recommendations. It’s worth reading in its entirety.

The board was established in early 2022, modeled in spirit after the National Transportation Safety Board. This is their third report.

Here are a few news articles.

EDITED TO ADD (4/15): Adam Shostack has some good commentary.

Posted on April 9, 2024 at 9:56 AM • View Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.