Entries Tagged "surveillance"

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Second SHB Workshop Liveblogging (8)

The penultimate session of the conference was “Privacy,” moderated by Tyler Moore.

Alessandro Acquisti, Carnegie Mellon University (suggested reading: What Can Behavioral Economics Teach Us About Privacy?; Privacy in Electronic Commerce and the Economics of Immediate Gratification), presented research on how people value their privacy. He started by listing a variety of cognitive biases that affect privacy decisions: illusion of control, overconfidence, optimism bias, endowment effect, and so on. He discussed two experiments. The first demonstrated a “herding effect”: if a subject believes that others reveal sensitive behavior, the subject is more likely to also reveal sensitive behavior. The second examined the “frog effect”: do privacy intrusions alert or desensitize people to revealing personal information? What he found is that people tend to set their privacy level at the beginning of a survey, and don’t respond well to being asked easy questions at first and then sensitive questions at the end. In the discussion, Joe Bonneau asked him about the notion that people’s privacy protections tend to ratchet up over time; he didn’t have conclusive evidence, but gave several possible explanations for the phenomenon.

Adam Joinson, University of Bath (suggested reading: Privacy, Trust and Self-Disclosure Online; Privacy concerns and privacy actions), also studies how people value their privacy. He talked about expressive privacy—privacy that allows people to express themselves and form interpersonal relationships. His research showed that differences between how people use Facebook in different countries depend on how much people trust Facebook as a company, rather than how much people trust other Facebook users. Another study looked at posts from Secret Tweet and Twitter. He found 16 markers that allowed him to automatically determine which tweets contain sensitive personal information and which do not, with high probability. Then he tried to determine if people with large Twitter followings post fewer secrets than people who are only twittering to a few people. He found absolutely no difference.

Peter Neumann, SRI (suggested reading: Holistic systems; Risks; Identity and Trust in Context), talked about lack of medical privacy (too many people have access to your data), about voting (the privacy problem makes the voting problem a lot harder, and the end-to-end voting security/privacy problem is much harder than just securing voting machines), and privacy in China (the government is requiring all computers sold in China to be sold with software allowing them to eavesdrop on the users). Any would-be solution needs to reflect the ubiquity of the threat. When we design systems, we need to anticipate what the privacy problems will be. Privacy problems are everywhere you look, and ordinary people have no idea of the depth of the problem.

Eric Johnson, Dartmouth College (suggested reading: Access Flexibility with Escalation and Audit; Security through Information Risk Management), studies the information access problem from a business perspective. He’s been doing field studies in companies like retail banks and investment banks, and found that role-based access control fails because companies can’t determine who has what role. Even worse, roles change quickly, especially in large complex organizations. For example, one business group of 3000 people experiences 1000 role changes within three months. The result is that organizations do access control badly, either over-entitling or under-entitling people. But since getting the job done is the most important thing, organizations tend to over-entitle: give people more access than they need. His current work is to find the right set of incentives and controls to set access more properly. The challege is to do this without making people risk averse. In the discussion, he agreed that a perfect access control system is not possible, and that organizations should probably allow a certain amount of access control violations—similar to the idea of posting a 55 mph speed limit but not ticketing people unless they go over 70 mph.

Christine Jolls, Yale Law School (suggested reading: Rationality and Consent in Privacy Law, Employee Privacy), made the point that people regularly share their most private information with their intimates—so privacy is not about secrecy, it’s more about control. There are moments when people make pretty big privacy decisions. For example, they grant employers the rights to monitor their e-mail, or test their urine without notice. In general, courts hold that blanket signing away of privacy rights—”you can test my urine on any day in the future”—are not valid, but immediate signing away of privacy of privacy rights—”you can test my urine today”—are. Jolls believes that this is reasonable for several reasons, such as optimism bias and an overfocus on the present at the expense of the future. Without realizing it, the courts have implemented the system that behavioral economics would find optimal. During the discussion, she talked about how coercion figures into this; the U.S. legal system tends not to be concerned with it.

Andrew Adams, University of Reading (suggested reading: Regulating CCTV), also looks at attitudes of privacy on social networking services. His results are preliminary, and based on interviews with university students in Canada, Japan, and the UK, and are very concordant with what danah boyd and Joe Bonneau said earlier. From the UK: People join social networking sites to increase their level of interaction with people they already know in real life. Revealing personal information is okay, but revealing too much is bad. Even more interestingly, it’s not okay to reveal more about others than they reveal themselves. From Japan: People are more open to making friends online. There’s more anonymity. It’s not okay to reveal information about others, but “the fault of this lies as much with the person whose data was revealed in not choosing friends wisely.” This victim responsibility is a common theme with other privacy and security elements in Japan. Data from Canada is still being compiled.

Great phrase: the “laundry belt”—close enough for students to go home on weekends with their laundry, but far enough away so they don’t feel as if their parents are looking over their shoulder—typically two hours by public transportation (in the UK).

Adam Shostack’s liveblogging is here. Ross Anderson’s liveblogging is in his blog post’s comments. Matt Blaze’s audio is here.

Posted on June 12, 2009 at 3:01 PMView Comments

British High Schoolers Write About CCTV in School

If you think that under-20-year-olds don’t care about privacy, this is an eloquent op-ed by two students about why CCTV cameras have no place in their UK school:

Adults are often quick to define the youth of today as stereotypical troublemakers and violent offenders—­ generalisations which are prompted by the media—­ when in fact the majority of students at our school are as responsible and arguably better behaved then the majority of adults. Some commentators insinuated that we overheard adults talking about rights and repeated it. That notion isn’t worth the space it was typed upon. We are A-level politics students who have been studying civil liberties as part of the curriculum for the last two years. Sam campaigned for David Davis when he resigned over the issue of civil liberties and spoke at speakers’ corner about the issue. The criticism of our campaign only serves to illustrate the ignorance of adults who have surrendered within only the last few years our right to protest in parliament, our right to go about our business without being stopped and questioned by police about our identity and our affairs, and our personal privacy.

Eroding standards in schools and deteriorating discipline are down to a broken society and the failure of the education system. The truth is that we are whatever the generation before us has created. If you criticise us, we are your failures; and if you applaud us we are your successes, and we reflect the imperfections of society and of human life. If you want to reform the education system, if you want to raise education standards, then watching children every hour of every day isn’t the answer. The answer is to encourage students to learn by creating an environment in which they can express their ideas freely and without intimidation.

Posted on June 8, 2009 at 1:38 PMView Comments

Using Surveillance Cameras to Detect Cashier Cheating

It’s called “sweethearting”: when cashiers pass free merchandise to friends. And some stores are using security cameras to detect it:

Mathematical algorithms embedded in the stores’ new security system pick out sweethearting on their own. There’s no need for a security guard watching banks of video monitors or reviewing hours of grainy footage. When the system thinks it’s spotted evidence, it alerts management on a computer screen and offers up the footage.

[…]

Big Y’s security system comes from a Cambridge, Mass.-based company called StopLift Inc. The technology works by scouring video pixels for various gestures and deciding whether they add up to a normal transaction at the register or not.

How good is it? My guess is that it’s not very good, but this is an instance where that may be good enough. As long as there aren’t a lot of false positives—as long as a person can quickly review the suspect footage and dismiss it as a false positive—the cost savings might be worth the expense.

Posted on May 13, 2009 at 7:55 AMView Comments

Who Should be in Charge of U.S. Cybersecurity?

U.S. government cybersecurity is an insecure mess, and fixing it is going to take considerable attention and resources. Trying to make sense of this, President Barack Obama ordered a 60-day review of government cybersecurity initiatives. Meanwhile, the U.S. House Subcommittee on Emerging Threats, Cybersecurity, Science and Technology is holding hearings on the same topic.

One of the areas of contention is who should be in charge. The FBI, DHS and DoD—specifically, the NSA—all have interests here. Earlier this month, Rod Beckström resigned from his position as director of the DHS’s National Cybersecurity Center, warning of a power grab by the NSA.

Putting national cybersecurity in the hands of the NSA is an incredibly bad idea. An entire parade of people, ranging from former FBI director Louis Freeh to Microsoft’s Trusted Computing Group Vice President and former Justice Department computer crime chief Scott Charney, have told Congress the same thing at this month’s hearings.

Cybersecurity isn’t a military problem, or even a government problem—it’s a universal problem. All networks, military, government, civilian and commercial, use the same computers, the same networking hardware, the same Internet protocols and the same software packages. We all are the targets of the same attack tools and tactics. It’s not even that government targets are somehow more important; these days, most of our nation’s critical IT infrastructure is in commercial hands. Government-sponsored Chinese hackers go after both military and civilian targets.

Some have said that the NSA should be in charge because it has specialized knowledge. Earlier this month, Director of National Intelligence Admiral Dennis Blair made this point, saying “There are some wizards out there at Ft. Meade who can do stuff.” That’s probably not true, but if it is, we’d better get them out of Ft. Meade as soon as possible—they’re doing the nation little good where they are now.

Not that government cybersecurity failings require any specialized wizardry to fix. GAO reports indicate that government problems include insufficient access controls, a lack of encryption where necessary, poor network management, failure to install patches, inadequate audit procedures, and incomplete or ineffective information security programs. These aren’t super-secret NSA-level security issues; these are the same managerial problems that every corporate CIO wrestles with.

We’ve all got the same problems, so solutions must be shared. If the government has any clever ideas to solve its cybersecurity problems, certainly a lot of us could benefit from those solutions. If it has an idea for improving network security, it should tell everyone. The best thing the government can do for cybersecurity world-wide is to use its buying power to improve the security of the IT products everyone uses. If it imposes significant security requirements on its IT vendors, those vendors will modify their products to meet those requirements. And those same products, now with improved security, will become available to all of us as the new standard.

Moreover, the NSA’s dual mission of providing security and conducting surveillance means it has an inherent conflict of interest in cybersecurity. Inside the NSA, this is called the “equities issue.” During the Cold War, it was easy; the NSA used its expertise to protect American military information and communications, and eavesdropped on Soviet information and communications. But what happens when both the good guys the NSA wants to protect, and the bad guys the NSA wants to eavesdrop on, use the same systems? They all use Microsoft Windows, Oracle databases, Internet email, and Skype. When the NSA finds a vulnerability in one of those systems, does it alert the manufacturer and fix it—making both the good guys and the bad guys more secure? Or does it keep quiet about the vulnerability and not tell anyone—making it easier to spy on the bad guys but also keeping the good guys insecure? Programs like the NSA’s warrantless wiretapping program have created additional vulnerabilities in our domestic telephone networks.

Testifying before Congress earlier this month, former DHS National Cyber Security division head Amit Yoran said “the intelligence community has always and will always prioritize its own collection efforts over the defensive and protection mission of our government’s and nation’s digital systems.”

Maybe the NSA could convince us that it’s putting cybersecurity first, but its culture of secrecy will mean that any decisions it makes will be suspect. Under current law, extended by the Bush administration’s extravagant invocation of the “state secrets” privilege when charged with statutory and constitutional violations, the NSA’s activities are not subject to any meaningful public oversight. And the NSA’s tradition of military secrecy makes it harder for it to coordinate with other government IT departments, most of which don’t have clearances, let alone coordinate with local law enforcement or the commercial sector.

We need transparent and accountable government processes, using commercial security products. We need government cybersecurity programs that improve security for everyone. The NSA certainly has an advisory and a coordination role in national cybersecurity, and perhaps a more supervisory role in DoD cybersecurity—both offensive and defensive—but it should not be in charge.

A version of this essay appeared on The Wall Street Journal website.

Posted on April 2, 2009 at 6:09 AMView Comments

Privacy and the Fourth Amendment

In the United States, the concept of “expectation of privacy” matters because it’s the constitutional test, based on the Fourth Amendment, that governs when and how the government can invade your privacy.

Based on the 1967 Katz v. United States Supreme Court decision, this test actually has two parts. First, the government’s action can’t contravene an individual’s subjective expectation of privacy; and second, that expectation of privacy must be one that society in general recognizes as reasonable. That second part isn’t based on anything like polling data; it is more of a normative idea of what level of privacy people should be allowed to expect, given the competing importance of personal privacy on one hand and the government’s interest in public safety on the other.

The problem is, in today’s information society, that definition test will rapidly leave us with no privacy at all.

In Katz, the Court ruled that the police could not eavesdrop on a phone call without a warrant: Katz expected his phone conversations to be private and this expectation resulted from a reasonable balance between personal privacy and societal security. Given NSA’s large-scale warrantless eavesdropping, and the previous administration’s continual insistence that it was necessary to keep America safe from terrorism, is it still reasonable to expect that our phone conversations are private?

Between the NSA’s massive internet eavesdropping program and Gmail’s content-dependent advertising, does anyone actually expect their e-mail to be private? Between calls for ISPs to retain user data and companies serving content-dependent web ads, does anyone expect their web browsing to be private? Between the various computer-infecting malware, and world governments increasingly demanding to see laptop data at borders, hard drives are barely private. I certainly don’t believe that my SMSes, any of my telephone data, or anything I say on LiveJournal or Facebook—regardless of the privacy settings—is private.

Aerial surveillance, data mining, automatic face recognition, terahertz radar that can “see” through walls, wholesale surveillance, brain scans, RFID, “life recorders” that save everything: Even if society still has some small expectation of digital privacy, that will change as these and other technologies become ubiquitous. In short, the problem with a normative expectation of privacy is that it changes with perceived threats, technology and large-scale abuses.

Clearly, something has to change if we are to be left with any privacy at all. Three legal scholars have written law review articles that wrestle with the problems of applying the Fourth Amendment to cyberspace and to our computer-mediated world in general.

George Washington University’s Daniel Solove, who blogs at Concurring Opinions, has tried to capture the byzantine complexities of modern privacy. He points out, for example, that the following privacy violations—all real—are very different: A company markets a list of 5 million elderly incontinent women; reporters deceitfully gain entry to a person’s home and secretly photograph and record the person; the government uses a thermal sensor device to detect heat patterns in a person’s home; and a newspaper reports the name of a rape victim. Going beyond simple definitions such as the divulging of a secret, Solove has developed a taxonomy of privacy, and the harms that result from their violation.

His 16 categories are: surveillance, interrogation, aggregation, identification, insecurity, secondary use, exclusion, breach of confidentiality, disclosure, exposure, increased accessibility, blackmail, appropriation, distortion, intrusion and decisional interference. Solove’s goal is to provide a coherent and comprehensive understanding of what is traditionally an elusive and hard-to-explain concept: privacy violations. (This taxonomy is also discussed in Solove’s book, Understanding Privacy.)

Orin Kerr, also a law professor at George Washington University, and a blogger at Volokh Conspiracy, has attempted to lay out general principles for applying the Fourth Amendment to the internet. First, he points out that the traditional inside/outside distinction—the police can watch you in a public place without a warrant, but not in your home—doesn’t work very well with regard to cyberspace. Instead, he proposes a distinction between content and non-content information: the body of an e-mail versus the header information, for example. The police should be required to get a warrant for the former, but not for the latter. Second, he proposes that search warrants should be written for particular individuals and not for particular internet accounts.

Meanwhile, Jed Rubenfeld of Yale Law School has tried to reinterpret the Fourth Amendment not in terms of privacy, but in terms of security. Pointing out that the whole “expectations” test is circular—what the government does affects what the government can do—he redefines everything in terms of security: the security that our private affairs are private.

This security is violated when, for example, the government makes widespread use of informants, or engages in widespread eavesdropping—even if no one’s privacy is actually violated. This neatly bypasses the whole individual privacy versus societal security question—a balancing that the individual usually loses—by framing both sides in terms of personal security.

I have issues with all of these articles. Solove’s taxonomy is excellent, but the sense of outrage that accompanies a privacy violation—”How could they know/do/say that!?”—is an important part of the harm resulting from a privacy violation. The non-content information that Kerr believes should be collectible without a warrant can be very private and personal: URLs can be very personal, and it’s possible to figure out browsed content just from the size of encrypted SSL traffic. Also, the ease with which the government can collect all of it—the calling and called party of every phone call in the country—makes the balance very different. I believe these need to be protected with a warrant requirement. Rubenfeld’s reframing is interesting, but the devil is in the details. Reframing privacy in terms of security still results in a balancing of competing rights. I’d rather take the approach of stating the—obvious to me—individual and societal value of privacy, and giving privacy its rightful place as a fundamental human right. (There’s additional commentary on Rubenfeld’s thesis at ArsTechnica.)

The trick here is to realize that a normative definition of the expectation of privacy doesn’t need to depend on threats or technology, but rather on what we—as society—decide it should be. Sure, today’s technology make it easier than ever to violate privacy. But it doesn’t necessarily follow that we have to violate privacy. Today’s guns make it easier than ever to shoot virtually anyone for any reason. That doesn’t mean our laws have to change.

No one knows how this will shake out legally. These three articles are from law professors; they’re not judicial opinions. But clearly something has to change, and ideas like these may someday form the basis of new Supreme Court decisions that brings legal notions of privacy into the 21st century.

This essay originally appeared on Wired.com.

Posted on March 31, 2009 at 6:30 AMView Comments

Sniffing Keyboard Keystrokes with a Laser

Interesting:

Chief Security Engineer Andrea Barisani and hardware hacker Daniele Bianco used a handmade laser microphone device and a photo diode to measure the vibrations, software for analyzing the spectrograms of frequencies from different keystrokes, as well as technology to apply the data to a dictionary to try to guess the words. They used a technique called dynamic time warping that’s typically used for speech recognition applications, to measure the similarity of signals.

Line-of-sight on the laptop is needed, but it works through a glass window, they said. Using an infrared laser would prevent a victim from knowing they were being spied on.

Another article.

Posted on March 25, 2009 at 6:59 AMView Comments

Privacy in Google Latitude

Good news:

What Loopt—and now Google—are asserting is this: when you tell your friends where you are, you are using a public conveyance to communicate privately. And, just as it would if it wanted to record your phone call or read your e-mail, the government needs to get a wiretap order. That’s even tougher to get than a search warrant.

Posted on March 16, 2009 at 6:36 AMView Comments

Commentary on the UK Government National Security Strategy

This is scary:

Sir David Omand, the former Whitehall security and intelligence co-ordinator, sets out a blueprint for the way the state will mine data—including travel information, phone records and emails—held by public and private bodies and admits: “Finding out other people’s secrets is going to involve breaking everyday moral rules.”

In short: it’s immoral, but we’re going to do it anyway.

Posted on March 4, 2009 at 12:32 PMView Comments

Privacy in the Age of Persistence

Note: This isn’t the first time I have written about this topic, and it surely won’t be the last. I think I did a particularly good job summarizing the issues this time, which is why I am reprinting it.

Welcome to the future, where everything about you is saved. A future where your actions are recorded, your movements are tracked, and your conversations are no longer ephemeral. A future brought to you not by some 1984-like dystopia, but by the natural tendencies of computers to produce data.

Data is the pollution of the information age. It’s a natural byproduct of every computer-mediated interaction. It stays around forever, unless it’s disposed of. It is valuable when reused, but it must be done carefully. Otherwise, its after effects are toxic.

And just as 100 years ago people ignored pollution in our rush to build the Industrial Age, today we’re ignoring data in our rush to build the Information Age.

Increasingly, you leave a trail of digital footprints throughout your day. Once you walked into a bookstore and bought a book with cash. Now you visit Amazon, and all of your browsing and purchases are recorded. You used to buy a train ticket with coins; now your electronic fare card is tied to your bank account. Your store affinity cards give you discounts; merchants use the data on them to reveal detailed purchasing patterns.

Data about you is collected when you make a phone call, send an e-mail message, use a credit card, or visit a website. A national ID card will only exacerbate this.

More computerized systems are watching you. Cameras are ubiquitous in some cities, and eventually face recognition technology will be able to identify individuals. Automatic license plate scanners track vehicles in parking lots and cities. Color printers, digital cameras, and some photocopy machines have embedded identification codes. Aerial surveillance is used by cities to find building permit violators and by marketers to learn about home and garden size.

As RFID chips become more common, they’ll be tracked, too. Already you can be followed by your cell phone, even if you never make a call. This is wholesale surveillance; not “follow that car,” but “follow every car.”

Computers are mediating conversation as well. Face-to-face conversations are ephemeral. Years ago, telephone companies might have known who you called and how long you talked, but not what you said. Today you chat in e-mail, by text message, and on social networking sites. You blog and you Twitter. These conversations – with family, friends, and colleagues – can be recorded and stored.

It used to be too expensive to save this data, but computer memory is now cheaper. Computer processing power is cheaper, too; more data is cross-indexed and correlated, and then used for secondary purposes. What was once ephemeral is now permanent.

Who collects and uses this data depends on local laws. In the US, corporations collect, then buy and sell, much of this information for marketing purposes. In Europe, governments collect more of it than corporations. On both continents, law enforcement wants access to as much of it as possible for both investigation and data mining.

Regardless of country, more organizations are collecting, storing, and sharing more of it.

More is coming. Keyboard logging programs and devices can already record everything you type; recording everything you say on your cell phone is only a few years away.

A “life recorder” you can clip to your lapel that’ll record everything you see and hear isn’t far behind. It’ll be sold as a security device, so that no one can attack you without being recorded. When that happens, will not wearing a life recorder be used as evidence that someone is up to no good, just as prosecutors today use the fact that someone left his cell phone at home as evidence that he didn’t want to be tracked?

You’re living in a unique time in history: the technology is here, but it’s not yet seamless. Identification checks are common, but you still have to show your ID. Soon it’ll happen automatically, either by remotely querying a chip in your wallets or by recognizing your face on camera.

And all those cameras, now visible, will shrink to the point where you won’t even see them. Ephemeral conversation will all but disappear, and you’ll think it normal. Already your children live much more of their lives in public than you do. Your future has no privacy, not because of some police-state governmental tendencies or corporate malfeasance, but because computers naturally produce data.

Cardinal Richelieu famously said: “If one would give me six lines written by the hand of the most honest man, I would find something in them to have him hanged.” When all your words and actions can be saved for later examination, different rules have to apply.

Society works precisely because conversation is ephemeral; because people forget, and because people don’t have to justify every word they utter.

Conversation is not the same thing as correspondence. Words uttered in haste over morning coffee, whether spoken in a coffee shop or thumbed on a BlackBerry, are not official correspondence. A data pattern indicating “terrorist tendencies” is no substitute for a real investigation. Being constantly scrutinized undermines our social norms; furthermore, it’s creepy. Privacy isn’t just about having something to hide; it’s a basic right that has enormous value to democracy, liberty, and our humanity.

We’re not going to stop the march of technology, just as we cannot un-invent the automobile or the coal furnace. We spent the industrial age relying on fossil fuels that polluted our air and transformed our climate. Now we are working to address the consequences. (While still using said fossil fuels, of course.) This time around, maybe we can be a little more proactive.

Just as we look back at the beginning of the previous century and shake our heads at how people could ignore the pollution they caused, future generations will look back at us – living in the early decades of the information age – and judge our solutions to the proliferation of data.

We must, all of us together, start discussing this major societal change and what it means. And we must work out a way to create a future that our grandchildren will be proud of.

This essay originally appeared on the BBC.com website.

Posted on February 27, 2009 at 6:13 AMView Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.