Entries Tagged "searches"

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Incompetence at the Border

Tom Kyte, Oracle database expert, relays a surreal story of a border crossing into the U.S. from Canada:

He clicks on it and it asks for a password. He looks surprised and says “it needs a password”. I was like – that is OK, I have it, here you go… Now he is logged in. But—my desktop looks a tad different from most—there is no IE on the desktop, just the recycle bin and a folder called programs—nothing else.

He really doesn’t know what to do now. No special searching software, nothing. He looks at me and says “you know what we are doing here right?”. I said—not really (I knew what we were doing, I read the news and all, but just said “no”). “Well” he says “we are looking for pornography”. Ahh I say… Ok, no problem.

But he is stuck. There is nothing familiar. So he clicks on the start menu and finds “My Pictures”. You know, if I was into that—that is precisely where I would stick all of my porn—right there in “My Pictures”. He goes into it—and sees all of my folders. And all of my pictures, which we looked at. He said “wow, you travel a lot”, I said “yup”.

Posted on March 22, 2007 at 10:39 AM • View Comments

The Death of Ephemeral Conversation

The political firestorm over former U.S. Rep. Mark Foley’s salacious instant messages hides another issue, one about privacy. We are rapidly turning into a society where our intimate conversations can be saved and made public later. This represents an enormous loss of freedom and liberty, and the only way to solve the problem is through legislation.

Everyday conversation used to be ephemeral. Whether face-to-face or by phone, we could be reasonably sure that what we said disappeared as soon as we said it. Of course, organized crime bosses worried about phone taps and room bugs, but that was the exception. Privacy was the default assumption.

This has changed. We now type our casual conversations. We chat in e-mail, with instant messages on our computer and SMS messages on our cellphones, and in comments on social networking Web sites like Friendster, LiveJournal, and MySpace. These conversations—with friends, lovers, colleagues, fellow employees—are not ephemeral; they leave their own electronic trails.

We know this intellectually, but we haven’t truly internalized it. We type on, engrossed in conversation, forgetting that we’re being recorded.

Foley’s instant messages were saved by the young men he talked to, but they could have also been saved by the instant messaging service. There are tools that allow both businesses and government agencies to monitor and log IM conversations. E-mail can be saved by your ISP or by the IT department in your corporation. Gmail, for example, saves everything, even if you delete it.

And these conversations can come back to haunt people—in criminal prosecutions, divorce proceedings or simply as embarrassing disclosures. During the 1998 Microsoft anti-trust trial, the prosecution pored over masses of e-mail, looking for a smoking gun. Of course they found things; everyone says things in conversation that, taken out of context, can prove anything.

The moral is clear: If you type it and send it, prepare to explain it in public later.

And voice is no longer a refuge. Face-to-face conversations are still safe, but we know that the National Security Agency is monitoring everyone’s international phone calls. (They said nothing about SMS messages, but one can assume they were monitoring those too.) Routine recording of phone conversations is still rare—certainly the NSA has the capability—but will become more common as telephone calls continue migrating to the IP network.

If you find this disturbing, you should. Fewer conversations are ephemeral, and we’re losing control over the data. We trust our ISPs, employers and cellphone companies with our privacy, but again and again they’ve proven they can’t be trusted. Identity thieves routinely gain access to these repositories of our information. Paris Hilton and other celebrities have been the victims of hackers breaking into their cellphone providers’ networks. Google reads our Gmail and inserts context-dependent ads.

Even worse, normal constitutional protections don’t apply to much of this. The police need a court-issued warrant to search our papers or eavesdrop on our communications, but can simply issue a subpoena—or ask nicely or threateningly—for data of ours that is held by a third party, including stored copies of our communications.

The Justice Department wants to make this problem even worse, by forcing ISPs and others to save our communications—just in case we’re someday the target of an investigation. This is not only bad privacy and security, it’s a blow to our liberty as well. A world without ephemeral conversation is a world without freedom.

We can’t turn back technology; electronic communications are here to stay. But as technology makes our conversations less ephemeral, we need laws to step in and safeguard our privacy. We need a comprehensive data privacy law, protecting our data and communications regardless of where it is stored or how it is processed. We need laws forcing companies to keep it private and to delete it as soon as it is no longer needed.

And we need to remember, whenever we type and send, we’re being watched.

Foley is an anomaly. Most of us do not send instant messages in order to solicit sex with minors. Law enforcement might have a legitimate need to access Foley’s IMs, e-mails and cellphone calling logs, but that’s why there are warrants supported by probable cause—they help ensure that investigations are properly focused on suspected pedophiles, terrorists and other criminals. We saw this in the recent UK terrorist arrests; focused investigations on suspected terrorists foiled the plot, not broad surveillance of everyone without probable cause.

Without legal privacy protections, the world becomes one giant airport security area, where the slightest joke—or comment made years before—lands you in hot water. The world becomes one giant market-research study, where we are all life-long subjects. The world becomes a police state, where we all are assumed to be Foleys and terrorists in the eyes of the government.

This essay originally appeared on Forbes.com.

Posted on October 18, 2006 at 3:30 PM • View Comments

Please Stop My Car

Residents of Prescott Valley are being invited to register their car if they don’t drive in the middle of the night. Police will then stop those cars if they are on the road at that time, under the assumption that they’re stolen.

The Watch Your Car decal program is a voluntary program whereby vehicle owners enroll their vehicles with the AATA. The vehicle is then entered into a special database, developed and maintained by the AATA, which is directly linked to the Motor Vehicle Division (MVD).

Participants then display the Watch Your Car decals in the front and rear windows of their vehicle. By displaying the decals, vehicle owners convey to law enforcement officials that their vehicle is not usually in use between the hours of 1:00 AM and 5:00 AM, when the majority of thefts occur.

If a police officer witnesses the vehicle in operation between these hours, they have the authority to pull it over and question the driver. With access to the MVD database, the officer will be able to determine if the vehicle has been stolen, or not. The program also allows law enforcement officials to notify the vehicle’s owner immediately upon determination that it is being illegally operated.

This program is entirely optional, but there’s a serious externality. If the police spend time chasing false alarms, they’re not available for other police business. If the town charged car owners a fine for each false alarm, I would have no problems with this program. It doesn’t have to be a large fine, but it has to be enough to offset the cost to the town. It’s no different than police departments charging homeowners for false burglar alarms, when the alarm systems are automatically hooked into the police stations.

Posted on October 16, 2006 at 6:30 AM • View Comments

Laptop Seizures in Sudan

According to CNN:

Sudanese security forces have begun seizing laptop computers entering the country to check on the information stored on them as part of new security measures.

One state security source said the laptops are searched and returned in one day and that the procedure was introduced because pornographic films and photographs were entering Sudan.

U.N. officials, aid agency workers, businessmen and journalists who regularly visit Sudan worry the security of sensitive and confidential information such as medical, legal and financial records on their computers could be at risk.

Authorities have cracked down on organizations like Medecins Sans Frontieres, the International Rescue Committee who have published reports on huge numbers of rapes in the violent Darfur region.

(More commentary here.)

While the stated reason is pornography, anyone bringing a computer into the country should be concerned about personal information, writing that might be deemed political by the Sudanese authorities, confidential business information, and so on.

And this should be a concern regardless of the border you cross. Your privacy rights when trying to enter a country are minimal, and this kind of thing could happen anywhere. (I have heard anecdotal stories about Israel doing this, but don’t have confirmation.)

If you’re bringing a laptop across an international border, you should clean off all unnecessary files and encrypt the rest.

EDITED TO ADD (9/15): This is legal in the U.S.

EDITED TO ADD (9/30): More about the legality of this in the U.S.

Posted on September 13, 2006 at 6:44 AM • View Comments

Random Bag Searches in Subways

Last year, New York City implemented a program of random bag searches in the subways. It was a silly idea, and I wrote about it then. Recently the U.S. Court of Appeals for the 2nd Circuit upheld the program. Daniel Solove wrote about the ruling:

The 2nd Circuit panel concluded that the program was “reasonable” under the 4th Amendment’s special needs doctrine. Under the special needs doctrine, if there are exceptional circumstances that make the warrant and probable cause requirements unnecessary, then the search should be analyzed in terms of whether it is “reasonable.” Reasonableness is determined by balancing privacy against the government ‘s need. The problem with the 2nd Circuit decision is that under its reasoning, nearly any search, no matter how intrusive into privacy, would be justified. This is because of the way it assesses the government’s side of the balance. When the government’s interest is preventing the detonation of a bomb on a crowded subway, with the potential of mass casualties, it is hard for anything to survive when balanced against it.

The key to the analysis should be the extent to which the search program will effectively improve subway safety. In other words, the goals of the program may be quite laudable, but nobody questions the importance of subway safety. Its weight is so hefty that little can outweigh it. The important issue is whether the search program is a sufficiently effective way of achieving those goals that it is worth the trade-off in civil liberties. On this question, unfortunately, the 2nd Circuit punts. It defers to the law enforcement officials:

That decision is best left to those with “a unique understanding of, and responsibility for, limited public resources, including a finite number of police officers.” Accordingly, we ought not conduct a “searching examination of effectiveness.” Instead, we need only determine whether the Program is “a reasonably effective means of addressing” the government interest in deterring and detecting a terrorist attack on the subway system…

Instead, plaintiffs claim that the Program can have no meaningful deterrent effect because the NYPD employs too few checkpoints. In support of that claim, plaintiffs rely upon various statistical manipulations of the sealed checkpoint data.

We will not peruse, parse, or extrapolate four months’ worth of data in an attempt to divine how many checkpoints the City ought to deploy in the exercise of its day to day police power. Counter terrorism experts and politically accountable officials have undertaken the delicate and esoteric task of deciding how best to marshal their available resources in light of the conditions prevailing on any given day. We will not and may not second guess the minutiae of their considered decisions. (internal citations omitted)

Although courts should not take a “know it all” attitude, they must not defer on such a critical question. The problem with many security measures is that they are not a very wise expenditure of resources. It is costly to have a lot of police officers engage in these random searches when they could be doing other things or money could be spent on other measures. A very small number of random searches in a subway system of over 4 million riders a day seems more symbolic that effective. If courts don’t question the efficacy of security measures in the name of terrorism, then it allows law enforcement officials to win nearly all the time. The government just needs to come into court and say “terrorism” and little else will matter.

Posted on August 16, 2006 at 3:32 PM • View Comments

Man Sues Compaq for False Advertising

Convicted felon Michael Crooker is suing Compaq (now HP) for false advertising. He bought a computer promised to be secure, but the FBI got his data anyway:

He bought it in September 2002, expressly because it had a feature called DriveLock, which freezes up the hard drive if you don’t have the proper password.

The computer’s manual claims that “if one were to lose his Master Password and his User Password, then the hard drive is useless and the data cannot be resurrected even by Compaq’s headquarters staff,” Crooker wrote in the suit.

Crooker has a copy of an ATF search warrant for files on the computer, which includes a handwritten notation: “Computer lock not able to be broken/disabled. Computer forwarded to FBI lab.” Crooker says he refused to give investigators the password, and was told the computer would be broken into “through a backdoor provided by Compaq,” which is now part of HP.

It’s unclear what was done with the laptop, but Crooker says a subsequent search warrant for his e-mail account, issued in January 2005, showed investigators had somehow gained access to his 40 gigabyte hard drive. The FBI had broken through DriveLock and accessed his e-mails (both deleted and not) as well as lists of websites he’d visited and other information. The only files they couldn’t read were ones he’d encrypted using Wexcrypt, a software program freely available on the Internet.

I think this is great. It’s about time that computer companies were held liable for their advertising claims.

But his lawsuit against HP may be a long shot. Crooker appears to face strong counterarguments to his claim that HP is guilty of breach of contract, especially if the FBI made the company provide a backdoor.

“If they had a warrant, then I don’t see how his case has any merit at all,” said Steven Certilman, a Stamford attorney who heads the Technology Law section of the Connecticut Bar Association. “Whatever means they used, if it’s covered by the warrant, it’s legitimate.”

If HP claimed DriveLock was unbreakable when the company knew it was not, that might be a kind of false advertising.

But while documents on HP’s web site do claim that without the correct passwords, a DriveLock’ed hard drive is “permanently unusable,” such warnings may not constitute actual legal guarantees.

According to Certilman and other computer security experts, hardware and software makers are careful not to make themselves liable for the performance of their products.

“I haven’t heard of manufacturers, at least for the consumer market, making a promise of computer security. Usually you buy naked hardware and you’re on your own,” Certilman said. In general, computer warrantees are “limited only to replacement and repair of the component, and not to incidental consequential damages such as the exposure of the underlying data to snooping third parties,” he said. “So I would be quite surprised if there were a gaping hole in their warranty that would allow that kind of claim.”

That point meets with agreement from the noted computer security skeptic Bruce Schneier, the chief technology officer at Counterpane Internet Security in Mountain View, Calif.

“I mean, the computer industry promises nothing,” he said last week. “Did you ever read a shrink-wrapped license agreement? You should read one. It basically says, if this product deliberately kills your children, and we knew it would, and we decided not to tell you because it might harm sales, we’re not liable. I mean, it says stuff like that. They’re absurd documents. You have no rights.”

My final quote in the article:

“Unfortunately, this probably isn’t a great case,” Schneier said. “Here’s a man who’s not going to get much sympathy. You want a defendant who bought the Compaq computer, and then, you know, his competitor, or a rogue employee, or someone who broke into his office, got the data. That’s a much more sympathetic defendant.”

Posted on May 3, 2006 at 9:26 AM • View Comments

The Security Risk of Special Cases

In Beyond Fear, I wrote about the inherent security risks of exceptions to a security policy. Here’s an example, from airport security in Ireland.

Police officers are permitted to bypass airport security at the Dublin Airport. They flash their ID, and walk around the checkpoints.

A female member of the airport search unit is undergoing re-training after the incident in which a Department of Transport inspector passed unchecked through security screening.

It is understood that the department official was waved through security checks having flashed an official badge. The inspector immediately notified airport authorities of a failure in vetting procedures. Only gardai are permitted to pass unchecked through security.

There are two ways this failure could have happened. One, security person could have thought that Department of Transportation officials have the same privileges as police officers. And two, the security person could have thought she was being shown a police ID.

This could have just as easily been a bad guy showing a fake police ID. My guess is that the security people don’t check them all that carefully.

The meta-point is that exceptions to security are themselves security vulnerabilities. As soon as you create a system by which some people can bypass airport security checkpoints, you invite the bad guys to try and use that system. There are reasons why you might want to create those alternate paths through security, of course, but the trade-offs should be well thought out.

Posted on April 26, 2006 at 6:05 AM • View Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.