Entries Tagged "surveillance"
Page 32 of 93
Survey of Americans' Privacy Habits Post-Snowden
Pew Research has a new survey on Americans’ privacy habits in a post-Snowden world.
The 87% of those who had heard at least something about the programs were asked follow-up questions about their own behaviors and privacy strategies:
34% of those who are aware of the surveillance programs (30% of all adults) have taken at least one step to hide or shield their information from the government. For instance, 17% changed their privacy settings on social media; 15% use social media less often; 15% have avoided certain apps and 13% have uninstalled apps; 14% say they speak more in person instead of communicating online or on the phone; and 13% have avoided using certain terms in online communications.
[…]
25% of those who are aware of the surveillance programs (22% of all adults) say they have changed the patterns of their own use of various technological platforms “a great deal” or “somewhat” since the Snowden revelations. For instance, 18% say they have changed the way they use email “a great deal” or “somewhat”; 17% have changed the way they use search engines; 15% say they have changed the way they use social media sites such as Twitter and Facebook; and 15% have changed the way they use their cell phones.
Also interesting are the people who have not changed their behavior because they’re afraid that it would lead to more surveillance. From pages 22-23 of the report:
Still, others said they avoid taking more advanced privacy measures because they believe that taking such measures could make them appear suspicious:
“There’s no point in inviting scrutiny if it’s not necessary.”
“I didn’t significantly change anything. It’s more like trying to avoid anything questionable, so as not to be scrutinized unnecessarily.
“[I] don’t want them misunderstanding something and investigating me.”
There’s also data about how Americans feel about government surveillance:
This survey asked the 87% of respondents who had heard about the surveillance programs: “As you have watched the developments in news stories about government monitoring programs over recent months, would you say that you have become more confident or less confident that the programs are serving the public interest?” Some 61% of them say they have become less confident the surveillance efforts are serving the public interest after they have watched news and other developments in recent months and 37% say they have become more confident the programs serve the public interest. Republicans and those leaning Republican are more likely than Democrats and those leaning Democratic to say they are losing confidence (70% vs. 55%).
Moreover, there is a striking divide among citizens over whether the courts are doing a good job balancing the needs of law enforcement and intelligence agencies with citizens’ right to privacy: 48% say courts and judges are balancing those interests, while 49% say they are not.
At the same time, the public generally believes it is acceptable for the government to monitor many others, including foreign citizens, foreign leaders, and American leaders:
- 82% say it is acceptable to monitor communications of suspected terrorists
- 60% believe it is acceptable to monitor the communications of American leaders.
- 60% think it is okay to monitor the communications of foreign leaders
- 54% say it is acceptable to monitor communications from foreign citizens
Yet, 57% say it is unacceptable for the government to monitor the communications of U.S. citizens. At the same time, majorities support monitoring of those particular individuals who use words like “explosives” and “automatic weapons” in their search engine queries (65% say that) and those who visit anti-American websites (67% say that).
[…]
Overall, 52% describe themselves as “very concerned” or “somewhat concerned” about government surveillance of Americans’ data and electronic communications, compared with 46% who describe themselves as “not very concerned” or “not at all concerned” about the surveillance.
It’s worth reading these results in detail. Overall, these numbers are consistent with a worldwide survey from December. The press is spinning this as “Most Americans’ behavior unchanged after Snowden revelations, study finds,” but I see something very different. I see a sizable percentage of Americans not only concerned about government surveillance, but actively doing something about it. “Third of Americans shield data from government.” Edward Snowden’s goal was to start a national dialog about government surveillance, and these surveys show that he has succeeded in doing exactly that.
New Zealand's XKEYSCORE Use
The Intercept and the New Zealand Herald have reported that New Zealand spied on communications about the World Trade Organization director-general candidates. I’m not sure why this is news; it seems like a perfectly reasonable national intelligence target. More interesting to me is that the Intercept published the XKEYSCORE rules. It’s interesting to see how primitive the keyword targeting is, and how broadly it collects e-mails.
The second really important point is that Edward Snowden’s name is mentioned nowhere in the stories. Given how scrupulous the Intercept is about identifying him as the source of his NSA documents, I have to conclude that this is from another leaker. For a while, I have believed that there are at least three leakers inside the Five Eyes intelligence community, plus another CIA leaker. What I have called Leaker #2 has previously revealed XKEYSCORE rules. Whether this new disclosure is from Leaker #2 or a new Leaker #5, I have no idea. I hope someone is keeping a list.
Reforming the FISA Court
The Brennan Center has a long report on what’s wrong with the FISA Court and how to fix it.
At the time of its creation, many lawmakers saw constitutional problems in a court that operated in total secrecy and outside the normal “adversarial” process…. But the majority of Congress was reassured by similarities between FISA Court proceedings and the hearings that take place when the government seeks a search warrant in a criminal investigation. Moreover, the rules governing who could be targeted for “foreign intelligence” purposes were narrow enough to mitigate concerns that the FISA Court process might be used to suppress political dissent in the U.S.—or to avoid the stricter standards that apply in domestic criminal cases.
In the years since then, however, changes in technology and the law have altered the constitutional calculus. Technological advances have revolutionized communications. People are communicating at a scale unimaginable just a few years ago. International phone calls, once difficult and expensive, are now as simple as flipping a light switch, and the Internet provides countless additional means of international communication. Globalization makes such exchanges as necessary as they are easy. As a result of these changes, the amount of information about Americans that the NSA intercepts, even when targeting foreigners overseas, has exploded.
Instead of increasing safeguards for Americans’ privacy as technology advances, the law has evolved in the opposite direction since 9/11…. While surveillance involving Americans previously required individualized court orders, it now happens through massive collection programs…involving no case-by-case judicial review. The pool of permissible targets is no longer limited to foreign powers—such as foreign governments or terrorist groups—and their agents. Furthermore, the government may invoke the FISA Court process even if its primary purpose is to gather evidence for a domestic criminal prosecution rather than to thwart foreign threats.
…[T]hese developments…have had a profound effect on the role exercised by the FISA Court. They have caused the court to veer off course, departing from its traditional role of ensuring that the government has sufficient cause to intercept communications or obtain records in particular cases and instead authorizing broad surveillance programs. It is questionable whether the court’s new role comports with Article III of the Constitution, which mandates that courts must adjudicate concrete disputes rather than issuing advisory opinions on abstract questions. The constitutional infirmity is compounded by the fact that the court generally hears only from the government, while the people whose communications are intercepted have no meaningful opportunity to challenge the surveillance, even after the fact.
Moreover, under current law, the FISA Court does not provide the check on executive action that the Fourth Amendment demands. Interception of communications generally requires the government to obtain a warrant based on probable cause of criminal activity. Although some courts have held that a traditional warrant is not needed to collect foreign intelligence, they have imposed strict limits on the scope of such surveillance and have emphasized the importance of close judicial scrutiny in policing these limits. The FISA Court’s minimal involvement in overseeing programmatic surveillance does not meet these constitutional standards.
[…]
Fundamental changes are needed to fix these flaws. Congress should end programmatic surveillance and require the government to obtain judicial approval whenever it seeks to obtain communications or information involving Americans. It should shore up the Article III soundness of the FISA Court by ensuring that the interests of those affected by surveillance are represented in court proceedings, increasing transparency, and facilitating the ability of affected individuals to challenge surveillance programs in regular federal courts. Finally, Congress should address additional Fourth Amendment concerns by narrowing the permissible scope of “foreign intelligence surveillance” and ensuring that it cannot be used as an end-run around the constitutional standards for criminal investigations.
Just Security post—where I copied the above excerpt. Lawfare post.
The Changing Economics of Surveillance
Cory Doctorow examines the changing economics of surveillance and what it means:
The Stasi employed one snitch for every 50 or 60 people it watched. We can’t be sure of the size of the entire Five Eyes global surveillance workforce, but there are only about 1.4 million Americans with Top Secret clearance, and many of them don’t work at or for the NSA, which means that the number is smaller than that (the other Five Eyes states have much smaller workforces than the US). This million-ish person workforce keeps six or seven billion people under surveillance—a ratio approaching 1:10,000. What’s more, the US has only (“only”!) quadrupled its surveillance budget since the end of the Cold War: tooling up to give the spies their toys wasn’t all that expensive, compared to the number of lives that gear lets them pry into.
IT has been responsible for a 2-3 order of magnitude productivity gain in surveillance efficiency. The Stasi used an army to surveil a nation; the NSA uses a battalion to surveil a planet.
I am reminded of this paper on the changing economics of surveillance.
Data and Goliath's Big Idea
Data and Goliath is a book about surveillance, both government and corporate. It’s an exploration in three parts: what’s happening, why it matters, and what to do about it. This is a big and important issue, and one that I’ve been working on for decades now. We’ve been on a headlong path of more and more surveillance, fueled by fear—of terrorism mostly—on the government side, and convenience on the corporate side. My goal was to step back and say “wait a minute; does any of this make sense?” I’m proud of the book, and hope it will contribute to the debate.
But there’s a big idea here too, and that’s the balance between group interest and self-interest. Data about us is individually private, and at the same time valuable to all us collectively. How do we decide between the two? If President Obama tells us that we have to sacrifice the privacy of our data to keep our society safe from terrorism, how do we decide if that’s a good trade-off? If Google and Facebook offer us free services in exchange for allowing them to build intimate dossiers on us, how do we know whether to take the deal?
There are a lot of these sorts of deals on offer. Waze gives us real-time traffic information, but does it by collecting the location data of everyone using the service. The medical community wants our detailed health data to perform all sorts of health studies and to get early warning of pandemics. The government wants to know all about you to better deliver social services. Google wants to know everything about you for marketing purposes, but will “pay” you with free search, free e-mail, and the like.
Here’s another one I describe in the book: “Social media researcher Reynol Junco analyzes the study habits of his students. Many textbooks are online, and the textbook websites collect an enormous amount of data about how—and how often—students interact with the course material. Junco augments that information with surveillance of his students’ other computer activities. This is incredibly invasive research, but its duration is limited and he is gaining new understanding about how both good and bad students study—and has developed interventions aimed at improving how students learn. Did the group benefit of this study outweigh the individual privacy interest of the subjects who took part in it?”
Again and again, it’s the same trade-off: individual value versus group value.
I believe this is the fundamental issue of the information age, and solving it means careful thinking about the specific issues and a moral analysis of how they affect our core values.
You can see that in some of the debate today. I know hardened privacy advocates who think it should be a crime for people to withhold their medical data from the pool of information. I know people who are fine with pretty much any corporate surveillance but want to prohibit all government surveillance, and others who advocate the exact opposite.
When possible, we need to figure out how to get the best of both: how to design systems that make use of our data collectively to benefit society as a whole, while at the same time protecting people individually.
The world isn’t waiting; decisions about surveillance are being made for us—often in secret. If we don’t figure this out for ourselves, others will decide what they want to do with us and our data. And we don’t want that. I say: “We don’t want the FBI and NSA to secretly decide what levels of government surveillance are the default on our cell phones; we want Congress to decide matters like these in an open and public debate. We don’t want the governments of China and Russia to decide what censorship capabilities are built into the Internet; we want an international standards body to make those decisions. We don’t want Facebook to decide the extent of privacy we enjoy amongst our friends; we want to decide for ourselves.”
In my last chapter, I write: “Data is the pollution problem of the information age, and protecting privacy is the environmental challenge. Almost all computers produce personal information. It stays around, festering. How we deal with it—how we contain it and how we dispose of it—is central to the health of our information economy. Just as we look back today at the early decades of the industrial age and wonder how our ancestors could have ignored pollution in their rush to build an industrial world, our grandchildren will look back at us during these early decades of the information age and judge us on how we addressed the challenge of data collection and misuse.”
That’s it; that’s our big challenge. Some of our data is best shared with others. Some of it can be ‘processed’—anonymized, maybe—before reuse. Some of it needs to be disposed of properly, either immediately or after a time. And some of it should be saved forever. Knowing what data goes where is a balancing act between group and self-interest, a trade-off that will continually change as technology changes, and one that we will be debating for decades to come.
This essay previously appeared on John Scalzi’s blog Whatever.
EDITED TO ADD (3/7): Hacker News thread.
Everyone Wants You To Have Security, But Not from Them
In December, Google’s Executive Chairman Eric Schmidt was interviewed at the CATO Institute Surveillance Conference. One of the things he said, after talking about some of the security measures his company has put in place post-Snowden, was: “If you have important information, the safest place to keep it is in Google. And I can assure you that the safest place to not keep it is anywhere else.”
The surprised me, because Google collects all of your information to show you more targeted advertising. Surveillance is the business model of the Internet, and Google is one of the most successful companies at that. To claim that Google protects your privacy better than anyone else is to profoundly misunderstand why Google stores your data for free in the first place.
I was reminded of this last week when I appeared on Glenn Beck’s show along with cryptography pioneer Whitfield Diffie. Diffie said:
You can’t have privacy without security, and I think we have glaring failures in computer security in problems that we’ve been working on for 40 years. You really should not live in fear of opening an attachment to a message. It ought to be confined; your computer ought to be able to handle it. And the fact that we have persisted for decades without solving these problems is partly because they’re very difficult, but partly because there are lots of people who want you to be secure against everyone but them. And that includes all of the major computer manufacturers who, roughly speaking, want to manage your computer for you. The trouble is, I’m not sure of any practical alternative.
That neatly explains Google. Eric Schmidt does want your data to be secure. He wants Google to be the safest place for your data as long as you don’t mind the fact that Google has access to your data. Facebook wants the same thing: to protect your data from everyone except Facebook. Hardware companies are no different. Last week, we learned that Lenovo computers shipped with a piece of adware called Superfish that broke users’ security to spy on them for advertising purposes.
Governments are no different. The FBI wants people to have strong encryption, but it wants backdoor access so it can get at your data. UK Prime Minister David Cameron wants you to have good security, just as long as it’s not so strong as to keep the UK government out. And, of course, the NSA spends a lot of money ensuring that there’s no security it can’t break.
Corporations want access to your data for profit; governments want it for security purposes, be they benevolent or malevolent. But Diffie makes an even stronger point: we give lots of companies access to our data because it makes our lives easier.
I wrote about this in my latest book, Data and Goliath:
Convenience is the other reason we willingly give highly personal data to corporate interests, and put up with becoming objects of their surveillance. As I keep saying, surveillance-based services are useful and valuable. We like it when we can access our address book, calendar, photographs, documents, and everything else on any device we happen to be near. We like services like Siri and Google Now, which work best when they know tons about you. Social networking apps make it easier to hang out with our friends. Cell phone apps like Google Maps, Yelp, Weather, and Uber work better and faster when they know our location. Letting apps like Pocket or Instapaper know what we’re reading feels like a small price to pay for getting everything we want to read in one convenient place. We even like it when ads are targeted to exactly what we’re interested in. The benefits of surveillance in these and other applications are real, and significant.
Like Diffie, I’m not sure there is any practical alternative. The reason the Internet is a worldwide mass-market phenomenon is that all the technological details are hidden from view. Someone else is taking care of it. We want strong security, but we also want companies to have access to our computers, smart devices, and data. We want someone else to manage our computers and smart phones, organize our e-mail and photos, and help us move data between our various devices.
Those “someones” will necessarily be able to violate our privacy, either by deliberately peeking at our data or by having such lax security that they’re vulnerable to national intelligence agencies, cybercriminals, or both. Last week, we learned that the NSA broke into the Dutch company Gemalto and stole the encryption keys for billions yes, billions of cell phones worldwide. That was possible because we consumers don’t want to do the work of securely generating those keys and setting up our own security when we get our phones; we want it done automatically by the phone manufacturers. We want our data to be secure, but we want someone to be able to recover it all when we forget our password.
We’ll never solve these security problems as long as we’re our own worst enemy. That’s why I believe that any long-term security solution will not only be technological, but political as well. We need laws that will protect our privacy from those who obey the laws, and to punish those who break the laws. We need laws that require those entrusted with our data to protect our data. Yes, we need better security technologies, but we also need laws mandating the use of those technologies.
This essay previously appeared on Forbes.com.
EDITED TO ADD: French translation.
AT&T Charging Customers to Not Spy on Them
AT&T is charging a premium for gigabit Internet service without surveillance:
The tracking and ad targeting associated with the gigabit service cannot be avoided using browser privacy settings: as AT&T explained, the program “works independently of your browser’s privacy settings regarding cookies, do-not-track and private browsing.” In other words, AT&T is performing deep packet inspection, a controversial practice through which internet service providers, by virtue of their privileged position, monitor all the internet traffic of their subscribers and collect data on the content of those communications.
What if customers do not want to be spied on by their internet service providers? AT&T allows gigabit service subscribers to opt out—for a $29 fee per month.
I have mixed feelings about this. On one hand, AT&T is forgoing revenue by not spying on its customers, and it’s reasonable to charge them for that lost revenue. On the other hand, this sort of thing means that privacy becomes a luxury good. In general, I prefer to conceptualize privacy as a right to be respected and not a commodity to be bought and sold.
EDITED TO ADD: It’s actually even more expensive.
NSA/GCHQ Hacks SIM Card Database and Steals Billions of Keys
The Intercept has an extraordinary story: the NSA and/or GCHQ hacked into the Dutch SIM card manufacturer Gemalto, stealing the encryption keys for billions of cell phones. People are still trying to figure out exactly what this means, but it seems to mean that the intelligence agencies have access to both voice and data from all phones using those cards.
Me in The Register: “We always knew that they would occasionally steal SIM keys. But all of them? The odds that they just attacked this one firm are extraordinarily low and we know the NSA does like to steal keys where it can.”
I think this is one of the most important Snowden stories we’ve read.
Samsung Television Spies on Viewers
Earlier this week, we learned that Samsung televisions are eavesdropping on their owners. If you have one of their Internet-connected smart TVs, you can turn on a voice command feature that saves you the trouble of finding the remote, pushing buttons and scrolling through menus. But making that feature work requires the television to listen to everything you say. And what you say isn’t just processed by the television; it may be forwarded over the Internet for remote processing. It’s literally Orwellian.
This discovery surprised people, but it shouldn’t have. The things around us are increasingly computerized, and increasingly connected to the Internet. And most of them are listening.
Our smartphones and computers, of course, listen to us when we’re making audio and video calls. But the microphones are always there, and there are ways a hacker, government, or clever company can turn those microphones on without our knowledge. Sometimes we turn them on ourselves. If we have an iPhone, the voice-processing system Siri listens to us, but only when we push the iPhone’s button. Like Samsung, iPhones with the “Hey Siri” feature enabled listen all the time. So do Android devices with the “OK Google” feature enabled, and so does an Amazon voice-activated system called Echo. Facebook has the ability to turn your smartphone’s microphone on when you’re using the app.
Even if you don’t speak, our computers are paying attention. Gmail “listens” to everything you write, and shows you advertising based on it. It might feel as if you’re never alone. Facebook does the same with everything you write on that platform, and even listens to the things you type but don’t post. Skype doesn’t listen—we think—but as Der Spiegel notes, data from the service “has been accessible to the NSA’s snoops” since 2011.
So the NSA certainly listens. It listens directly, and it listens to all these companies listening to you. So do other countries like Russia and China, which we really don’t want listening so closely to their citizens.
It’s not just the devices that listen; most of this data is transmitted over the Internet. Samsung sends it to what was referred to as a “third party” in its policy statement. It later revealed that third party to be a company you’ve never heard of—Nuance—that turns the voice into text for it. Samsung promises that the data is erased immediately. Most of the other companies that are listening promise no such thing and, in fact, save your data for a long time. Governments, of course, save it, too.
This data is a treasure trove for criminals, as we are learning again and again as tens and hundreds of millions of customer records are repeatedly stolen. Last week, it was reported that hackers had accessed the personal records of some 80 million Anthem Health customers and others. Last year, it was Home Depot, JP Morgan, Sony and many others. Do we think Nuance’s security is better than any of these companies? I sure don’t.
At some level, we’re consenting to all this listening. A single sentence in Samsung’s 1,500-word privacy policy, the one most of us don’t read, stated: “Please be aware that if your spoken words include personal or other sensitive information, that information will be among the data captured and transmitted to a third party through your use of Voice Recognition.” Other services could easily come with a similar warning: Be aware that your e-mail provider knows what you’re saying to your colleagues and friends and be aware that your cell phone knows where you sleep and whom you’re sleeping with—assuming that you both have smartphones, that is.
The Internet of Things is full of listeners. Newer cars contain computers that record speed, steering wheel position, pedal pressure, even tire pressure—and insurance companies want to listen. And, of course, your cell phone records your precise location at all times you have it on—and possibly even when you turn it off. If you have a smart thermostat, it records your house’s temperature, humidity, ambient light and any nearby movement. Any fitness tracker you’re wearing records your movements and some vital signs; so do many computerized medical devices. Add security cameras and recorders, drones and other surveillance airplanes, and we’re being watched, tracked, measured and listened to almost all the time.
It’s the age of ubiquitous surveillance, fueled by both Internet companies and governments. And because it’s largely happening in the background, we’re not really aware of it.
This has to change. We need to regulate the listening: both what is being collected and how it’s being used. But that won’t happen until we know the full extent of surveillance: who’s listening and what they’re doing with it. Samsung buried its listening details in its privacy policy—they have since amended it to be clearer—and we’re only having this discussion because a Daily Beast reporter stumbled upon it. We need more explicit conversation about the value of being able to speak freely in our living rooms without our televisions listening, or having e-mail conversations without Google or the government listening. Privacy is a prerequisite for free expression, and losing that would be an enormous blow to our society.
This essay previously appeared on CNN.com.
ETA (2/16): A German translation by Damian Weber.
Sidebar photo of Bruce Schneier by Joe MacInnis.