Entries Tagged "tracking"

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Web Activity Used in Court to Portray State of Mind

I don’t care about the case, but look at this:

“Among the details police have released is that Harris and his wife, Leanna, told them they conducted Internet searches on how hot a car needed to be to kill a child. Stoddard testified Thursday that Ross Harris had visited a Reddit page called “child-free” and read four articles. He also did an Internet search on how to survive in prison, Stoddard said.

“Also, five days before Cooper died, Ross Harris twice viewed a sort of homemade public service announcement in which a veterinarian demonstrates on video the dangers of leaving someone or something inside a hot car.”

Stoddard is a police detective. It seems that they know about his web browsing because they seized and searched his computer:

…investigators confiscated Harris’ work computer at Home Depot following his arrest and discovered an Internet search about how long it would take for an animal to die in a hot car.

Stoddard also testified that Harris was “sexting”—is this a word we use in court now?—with several women on the day of his son’s death, and sent explicit pictures to one of them. I assume he knows that by looking at Harris’s message history.

A bunch of this would not be admissible in trial, but this was a probable-cause hearing, and the rules are different for those. CNN writes: “a prosecutor insisted that the testimony helped portray the defendant’s state of mind and spoke to the negligence angle and helped establish motive.”

This case aside, is there anyone reading this whose e-mails, text messages, and web searches couldn’t be cherry-picked to portray any state of mind a prosecutor might want to portray? (Qu’on me donne six lignes écrites de la main du plus honnête homme, j’y trouverai de quoi le faire pendre.Cardinal Richelieu.)

Posted on July 4, 2014 at 6:24 AMView Comments

Surveillance by Algorithm

Increasingly, we are watched not by people but by algorithms. Amazon and Netflix track the books we buy and the movies we stream, and suggest other books and movies based on our habits. Google and Facebook watch what we do and what we say, and show us advertisements based on our behavior. Google even modifies our web search results based on our previous behavior. Smartphone navigation apps watch us as we drive, and update suggested route information based on traffic congestion. And the National Security Agency, of course, monitors our phone calls, emails and locations, then uses that information to try to identify terrorists.

Documents provided by Edward Snowden and revealed by the Guardian today show that the UK spy agency GHCQ, with help from the NSA, has been collecting millions of webcam images from innocent Yahoo users. And that speaks to a key distinction in the age of algorithmic surveillance: is it really okay for a computer to monitor you online, and for that data collection and analysis only to count as a potential privacy invasion when a person sees it? I say it’s not, and the latest Snowden leaks only make more clear how important this distinction is.

The robots-vs-spies divide is especially important as we decide what to do about NSA and GCHQ surveillance. The spy community and the Justice Department have reported back early on President Obama’s request for changing how the NSA “collects” your data, but the potential reforms—FBI monitoring, holding on to your phone records and more—still largely depend on what the meaning of “collects” is.

Indeed, ever since Snowden provided reporters with a trove of top secret documents, we’ve been subjected to all sorts of NSA word games. And the word “collect” has a very special definition, according to the Department of Defense (DoD). A 1982 procedures manual (pdf; page 15) says: “information shall be considered as ‘collected’ only when it has been received for use by an employee of a DoD intelligence component in the course of his official duties.” And “data acquired by electronic means is ‘collected’ only when it has been processed into intelligible form.”

Director of National Intelligence James Clapper likened the NSA’s accumulation of data to a library. All those books are stored on the shelves, but very few are actually read. “So the task for us in the interest of preserving security and preserving civil liberties and privacy,” says Clapper, “is to be as precise as we possibly can be when we go in that library and look for the books that we need to open up and actually read.” Only when an individual book is read does it count as “collection,” in government parlance.

So, think of that friend of yours who has thousands of books in his house. According to the NSA, he’s not actually “collecting” books. He’s doing something else with them, and the only books he can claim to have “collected” are the ones he’s actually read.

This is why Clapper claims—to this day—that he didn’t lie in a Senate hearing when he replied “no” to this question: “Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?”

If the NSA collects—I’m using the everyday definition of the word here—all of the contents of everyone’s e-mail, it doesn’t count it as being collected in NSA terms until someone reads it. And if it collects—I’m sorry, but that’s really the correct word—everyone’s phone records or location information and stores it in an enormous database, that doesn’t count as being collected—NSA definition—until someone looks at it. If the agency uses computers to search those emails for keywords, or correlates that location information for relationships between people, it doesn’t count as collection, either. Only when those computers spit out a particular person has the data—in NSA terms—actually been collected.

If the modern spy dictionary has you confused, maybe dogs can help us understand why this legal workaround, by big tech companies and the government alike, is still a serious invasion of privacy.

Back when Gmail was introduced, this was Google’s defense, too, about its context-sensitive advertising. Google’s computers examine each individual email and insert an advertisement nearby, related to the contents of your email. But no person at Google reads any Gmail messages; only a computer does. In the words of one Google executive: “Worrying about a computer reading your email is like worrying about your dog seeing you naked.”

But now that we have an example of a spy agency seeing people naked—there are a surprising number of sexually explicit images in the newly revealed Yahoo image collection—we can more viscerally understand the difference.

To wit: when you’re watched by a dog, you know that what you’re doing will go no further than the dog. The dog can’t remember the details of what you’ve done. The dog can’t tell anyone else. When you’re watched by a computer, that’s not true. You might be told that the computer isn’t saving a copy of the video, but you have no assurance that that’s true. You might be told that the computer won’t alert a person if it perceives something of interest, but you can’t know if that’s true. You do know that the computer is making decisions based on what it receives, and you have no way of confirming that no human being will access that decision.

When a computer stores your data, there’s always a risk of exposure. There’s the risk of accidental exposure, when some hacker or criminal breaks in and steals the data. There’s the risk of purposeful exposure, when the organization that has your data uses it in some manner. And there’s the risk that another organization will demand access to the data. The FBI can serve a National Security Letter on Google, demanding details on your email and browsing habits. There isn’t a court order in the world that can get that information out of your dog.

Of course, any time we’re judged by algorithms, there’s the potential for false positives. You are already familiar with this; just think of all the irrelevant advertisements you’ve been shown on the Internet, based on some algorithm misinterpreting your interests. In advertising, that’s okay. It’s annoying, but there’s little actual harm, and you were busy reading your email anyway, right? But that harm increases as the accompanying judgments become more important: our credit ratings depend on algorithms; how we’re treated at airport security does, too. And most alarming of all, drone targeting is partly based on algorithmic surveillance.

The primary difference between a computer and a dog is that the computer interacts with other people in the real world, and the dog does not. If someone could isolate the computer in the same way a dog is isolated, we wouldn’t have any reason to worry about algorithms crawling around in our data. But we can’t. Computer algorithms are intimately tied to people. And when we think of computer algorithms surveilling us or analyzing our personal data, we need to think about the people behind those algorithms. Whether or not anyone actually looks at our data, the very fact that they even could is what makes it surveillance.

This is why Yahoo called GCHQ’s webcam-image collection “a whole new level of violation of our users’ privacy.” This is why we’re not mollified by attempts from the UK equivalent of the NSA to apply facial recognition algorithms to the data, or to limit how many people viewed the sexually explicit images. This is why Google’s eavesdropping is different than a dog’s eavesdropping, and why the NSA’s definition of “collect” makes no sense whatsoever.

This essay previously appeared on theguardian.com.

Posted on March 5, 2014 at 6:13 AMView Comments

Finding People's Locations Based on Their Activities in Cyberspace

Glenn Greenwald is back reporting about the NSA, now with Pierre Omidyar’s news organization FirstLook and its introductory publication, The Intercept. Writing with national security reporter Jeremy Scahill, his first article covers how the NSA helps target individuals for assassination by drone.

Leaving aside the extensive political implications of the story, the article and the NSA source documents reveal additional information about how the agency’s programs work. From this and other articles, we can now piece together how the NSA tracks individuals in the real world through their actions in cyberspace.

Its techniques to locate someone based on their electronic activities are straightforward, although they require an enormous capability to monitor data networks. One set of techniques involves the cell phone network, and the other the Internet.

Tracking Locations With Cell Towers

Every cell-phone network knows the approximate location of all phones capable of receiving calls. This is necessary to make the system work; if the system doesn’t know what cell you’re in, it isn’t able to route calls to your phone. We already know that the NSA conducts physical surveillance on a massive scale using this technique.

By triangulating location information from different cell phone towers, cell phone providers can geolocate phones more accurately. This is often done to direct emergency services to a particular person, such as someone who has made a 911 call. The NSA can get this data either by network eavesdropping with the cooperation of the carrier, or by intercepting communications between the cell phones and the towers. A previously released Top Secret NSA document says this: "GSM Cell Towers can be used as a physical-geolocation point in relation to a GSM handset of interest."

This technique becomes even more powerful if you can employ a drone. Greenwald and Scahill write:

The agency also equips drones and other aircraft with devices known as "virtual base-tower transceivers"—creating, in effect, a fake cell phone tower that can force a targeted person’s device to lock onto the NSA’s receiver without their knowledge.

The drone can do this multiple times as it flies around the area, measuring the signal strength—and inferring distance—each time. Again from the Intercept article:

The NSA geolocation system used by JSOC is known by the code name GILGAMESH. Under the program, a specially constructed device is attached to the drone. As the drone circles, the device locates the SIM card or handset that the military believes is used by the target.

The Top Secret source document associated with the Intercept story says:

As part of the GILGAMESH (PREDATOR-based active geolocation) effort, this team used some advanced mathematics to develop a new geolocation algorithm intended for operational use on unmanned aerial vehicle (UAV) flights.

This is at least part of that advanced mathematics.

None of this works if the target turns his phone off or exchanges SMS cards often with his colleagues, which Greenwald and Scahill write is routine. It won’t work in much of Yemen, which isn’t on any cell phone network. Because of this, the NSA also tracks people based on their actions on the Internet.

Finding You From Your Web Connection

A surprisingly large number of Internet applications leak location data. Applications on your smart phone can transmit location data from your GPS receiver over the Internet. We already know that the NSA collects this data to determine location. Also, many applications transmit the IP address of the network the computer is connected to. If the NSA has a database of IP addresses and locations, it can use that to locate users.

According to a previously released Top Secret NSA document, that program is code named HAPPYFOOT: "The HAPPYFOOT analytic aggregated leaked location-based service / location-aware application data to infer IP geo-locations."

Another way to get this data is to collect it from the geographical area you’re interested in. Greenwald and Scahill talk about exactly this:

In addition to the GILGAMESH system used by JSOC, the CIA uses a similar NSA platform known as SHENANIGANS. The operation—previously undisclosed—utilizes a pod on aircraft that vacuums up massive amounts of data from any wireless routers, computers, smart phones or other electronic devices that are within range.

And again from an NSA document associated with the FirstLook story: “Our mission (VICTORYDANCE) mapped the Wi-Fi fingerprint of nearly every major town in Yemen.” In the hacker world, this is known as war-driving, and has even been demonstrated from drones.

Another story from the Snowden documents describes a research effort to locate individuals based on the location of wifi networks they log into.

This is how the NSA can find someone, even when their cell phone is turned off and their SIM card is removed. If they’re at an Internet café, and they log into an account that identifies them, the NSA can locate them—because the NSA already knows where that wifi network is.

This also explains the drone assassination of Hassan Guhl, also reported in the Washington Post last October. In the story, Guhl was at an Internet cafe when he read an email from his wife. Although the article doesn’t describe how that email was intercepted by the NSA, the NSA was able to use it to determine his location.

There’s almost certainly more. NSA surveillance is robust, and they almost certainly have several different ways of identifying individuals on cell phone and Internet connections. For example, they can hack individual smart phones and force them to divulge location information.

As fascinating as the technology is, the critical policy question—and the one discussed extensively in the FirstLook article—is how reliable all this information is. While much of the NSA’s capabilities to locate someone in the real world by their network activity piggy-backs on corporate surveillance capabilities, there’s a critical difference: False positives are much more expensive. If Google or Facebook get a physical location wrong, they show someone an ad for a restaurant they’re nowhere near. If the NSA gets a physical location wrong, they call a drone strike on innocent people.

As we move to a world where all of us are tracked 24/7, these are the sorts of trade-offs we need to keep in mind.

This essay previously appeared on TheAtlantic.com.

Edited to add: this essay has been translated into French.

Posted on February 13, 2014 at 6:03 AMView Comments

Cell Phone Tracking by Non-State Actors

This is interesting:

Adding credence to the theory that Brooklyn landlord Menachem Stark was kidnapped and murdered by professionals, a law enforcement source tells the Post that the NYPD found a cell phone attached to the bottom of his car, which could have been used to track his movements.

Presumably the criminals installed one of those “track your children” apps that transmits the phone’s GPS data to some database somewhere.

Posted on January 16, 2014 at 7:29 AMView Comments

NSA Tracks People Using Google Cookies

The Washington Post has a detailed article on how the NSA uses cookie data to track individuals. The EFF also has a good post on this.

I have been writing and saying that surveillance is the business model of the Internet, and that government surveillance largely piggy backs on corporate capabilities. This is an example of that. The NSA doesn’t need the cooperation of any Internet company to use their cookies for surveillance purposes, but they do need their capabilities. And because the Internet is largely unencrypted, they can use those capabilities for their own purposes.

Reforming the NSA is not just about government surveillance. It has to address the public-private surveillance partnership. Even as a group of large Internet companies have come together to demand government surveillance reform, they are ignoring their own surveillance activities. But you can’t reform one without the other. The Free Software Foundation has written about this as well.

Little has been written about how QUANTUM interacts with cookie surveillance. QUANTUM is the NSA’s program for real-time responses to passive Internet monitoring. It’s what allows them to do packet injection attacks. The NSA’s Tor Stinks presentation talks about a subprogram called QUANTUMCOOKIE: “forces clients to divulge stored cookies.” My guess is that the NSA uses frame injection to surreptitiously force anonymous users to visit common sites like Google and Facebook and reveal their identifying cookies. Combined with the rest of their cookie surveillance activities, this can de-anonymize Tor users if they use Tor from the same browser they use for other Internet activities.

Posted on December 12, 2013 at 6:21 AMView Comments

Close-In Surveillance Using Your Phone's Wi-Fi

This article talks about applications in retail, but the possibilities are endless.

Every smartphone these days comes equipped with a WiFi card. When the card is on and looking for networks to join, it’s detectable by local routers. In your home, the router connects to your device, and then voila ­ you have the Internet on your phone. But in a retail environment, other in-store equipment can pick up your WiFi card, learn your device’s unique ID number and use it to keep tabs on that device over time as you move through the store.

This gives offline companies the power to get incredibly specific data about how their customers behave. You could say it’s the physical version of what Web-based vendors have spent millions of dollars trying to perfect ­ the science of behavioral tracking.

Basically, the system is using the MAC address to identify individual devices. Another article on the system is here.

Posted on November 1, 2013 at 6:32 AMView Comments

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Sidebar photo of Bruce Schneier by Joe MacInnis.