Tag Archives: courts

The Importance of Protecting Cybersecurity Whistleblowers

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2019/06/the_importance_3.html

Interesting essay arguing that we need better legislation to protect cybersecurity whistleblowers.

Congress should act to protect cybersecurity whistleblowers because information security has never been so important, or so challenging. In the wake of a barrage of shocking revelations about data breaches and companies mishandling of customer data, a bipartisan consensus has emerged in support of legislation to give consumers more control over their personal information, require companies to disclose how they collect and use consumer data, and impose penalties for data breaches and misuse of consumer data. The Federal Trade Commission (“FTC”) has been held out as the best agency to implement this new regulation. But for any such legislation to be effective, it must protect the courageous whistleblowers who risk their careers to expose data breaches and unauthorized use of consumers’ private data.

Whistleblowers strengthen regulatory regimes, and cybersecurity regulation would be no exception. Republican and Democratic leaders from the executive and legislative branches have extolled the virtues of whistleblowers. High-profile cases abound. Recently, Christopher Wylie exposed Cambridge Analytica’s misuse of Facebook user data to manipulate voters, including its apparent theft of data from 50 million Facebook users as part of a psychological profiling campaign. Though additional research is needed, the existing empirical data reinforces the consensus that whistleblowers help prevent, detect, and remedy misconduct. Therefore it is reasonable to conclude that protecting and incentivizing whistleblowers could help the government address the many complex challenges facing our nation’s information systems.

I Was Cited in a Court Decision

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2019/03/i_was_cited_in_.html

An article I co-wrote — my first law journal article — was cited by the Massachusetts Supreme Judicial Court — the state supreme court — in a case on compelled decryption.

Here’s the first, in footnote 1:

We understand the word “password” to be synonymous with other terms that cell phone users may be familiar with, such as Personal Identification Number or “passcode.” Each term refers to the personalized combination of letters or digits that, when manually entered by the user, “unlocks” a cell phone. For simplicity, we use “password” throughout. See generally, Kerr & Schneier, Encryption Workarounds, 106 Geo. L.J. 989, 990, 994, 998 (2018).

And here’s the second, in footnote 5:

We recognize that ordinary cell phone users are likely unfamiliar with the complexities of encryption technology. For instance, although entering a password “unlocks” a cell phone, the password itself is not the “encryption key” that decrypts the cell phone’s contents. See Kerr & Schneier, supra at 995. Rather, “entering the [password] decrypts the [encryption] key, enabling the key to be processed and unlocking the phone. This two-stage process is invisible to the casual user.” Id. Because the technical details of encryption technology do not play a role in our analysis, they are not worth belaboring. Accordingly, we treat the entry of a password as effectively decrypting the contents of a cell phone. For a more detailed discussion of encryption technology, see generally Kerr & Schneier, supra.

Reverse Location Search Warrants

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2019/02/reverse_locatio.html

The police are increasingly getting search warrants for information about all cell phones in a certain location at a certain time:

Police departments across the country have been knocking at Google’s door for at least the last two years with warrants to tap into the company’s extensive stores of cellphone location data. Known as “reverse location search warrants,” these legal mandates allow law enforcement to sweep up the coordinates and movements of every cellphone in a broad area. The police can then check to see if any of the phones came close to the crime scene. In doing so, however, the police can end up not only fishing for a suspect, but also gathering the location data of potentially hundreds (or thousands) of innocent people. There have only been anecdotal reports of reverse location searches, so it’s unclear how widespread the practice is, but privacy advocates worry that Google’s data will eventually allow more and more departments to conduct indiscriminate searches.

Of course, it’s not just Google who can provide this information.

I am also reminded of a Canadian surveillance program disclosed by Snowden.

I spend a lot of time talking about this sort of thing in Data and Goliath. Once you have everyone under surveillance all the time, many things are possible.

El Chapo’s Encryption Defeated by Turning His IT Consultant

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2019/01/el_chapos_encry.html

Impressive police work:

In a daring move that placed his life in danger, the I.T. consultant eventually gave the F.B.I. his system’s secret encryption keys in 2011 after he had moved the network’s servers from Canada to the Netherlands during what he told the cartel’s leaders was a routine upgrade.

A Dutch article says that it’s a BlackBerry system.

El Chapo had his IT person install “…spyware called FlexiSPY on the ‘special phones’ he had given to his wife, Emma Coronel Aispuro, as well as to two of his lovers, including one who was a former Mexican lawmaker.” That same software was used by the FBI when his IT person turned over the keys. Yet again we learn the lesson that a backdoor can be used against you.

And it doesn’t have to be with the IT person’s permission. A good intelligence agency can use the IT person’s authorizations without his knowledge or consent. This is why the NSA hunts sysadmins.

Slashdot thread. Hacker News thread. Boing Boing post.

SpiderOak’s Warrant Canary Died

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2018/08/spideroaks_warr.html

BoingBoing has the story.

I have never quite trusted the idea of a warrant canary. But here it seems to have worked. (Presumably, if SpiderOak wanted to replace the warrant canary with a transparency report, they would have written something explaining their decision. To have it simply disappear is what we would expect if SpiderOak were being forced to comply with a US government request for personal data.)

EDITED TO ADD (8/9): SpiderOak has posted an explanation claiming that the warrant canary did not die — it just changed.

That’s obviously false, because it did die. And a change is the functional equivalent — that’s how they work. So either they have received a National Security Letter and now have to pretend they did not, or they completely misunderstood what a warrant canary is and how it works. No one knows.

I have never fully trusted warrant canaries — this EFF post explains why — and this is an illustration.

Suing South Carolina Because Its Election Machines Are Insecure

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2018/07/suing_south_car.html

A group called Protect Democracy is suing South Carolina because its insecure voting machines are effectively denying people the right to vote.

Note: I am an advisor to Protect Democracy on its work related to election cybersecurity, and submitted a declaration in litigation it filed, challenging President Trump’s now-defunct “election integrity” commission.

ISP Questions Impartiality of Judges in Copyright Troll Cases

Post Syndicated from Andy original https://torrentfreak.com/isp-questions-impartiality-of-judges-in-copyright-troll-cases-180602/

Following in the footsteps of similar operations around the world, two years ago the copyright trolling movement landed on Swedish shores.

The pattern was a familiar one, with trolls harvesting IP addresses from BitTorrent swarms and tracing them back to Internet service providers. Then, after presenting evidence to a judge, the trolls obtained orders that compelled ISPs to hand over their customers’ details. From there, the trolls demanded cash payments to make supposed lawsuits disappear.

It’s a controversial business model that rarely receives outside praise. Many ISPs have tried to slow down the flood but most eventually grow tired of battling to protect their customers. The same cannot be said of Swedish ISP Bahnhof.

The ISP, which is also a strong defender of privacy, has become known for fighting back against copyright trolls. Indeed, to thwart them at the very first step, the company deletes IP address logs after just 24 hours, which prevents its customers from being targeted.

Bahnhof says that the copyright business appeared “dirty and corrupt” right from the get go, so it now operates Utpressningskollen.se, a web portal where the ISP publishes data on Swedish legal cases in which copyright owners demand customer data from ISPs through the Patent and Market Courts.

Over the past two years, Bahnhof says it has documented 76 cases of which six are still ongoing, 11 have been waived and a majority 59 have been decided in favor of mainly movie companies. Bahnhof says that when it discovered that 59 out of the 76 cases benefited one party, it felt a need to investigate.

In a detailed report compiled by Bahnhof Communicator Carolina Lindahl and sent to TF, the ISP reveals that it examined the individual decision-makers in the cases before the Courts and found five judges with “questionable impartiality.”

“One of the judges, we can call them Judge 1, has closed 12 of the cases, of which two have been waived and the other 10 have benefitted the copyright owner, mostly movie companies,” Lindahl notes.

“Judge 1 apparently has written several articles in the magazine NIR – Nordiskt Immateriellt Rättsskydd (Nordic Intellectual Property Protection) – which is mainly supported by Svenska Föreningen för Upphovsrätt, the Swedish Association for Copyright (SFU).

“SFU is a member-financed group centered around copyright that publishes articles, hands out scholarships, arranges symposiums, etc. On their website they have a public calendar where Judge 1 appears regularly.”

Bahnhof says that the financiers of the SFU are Sveriges Television AB (Sweden’s national public TV broadcaster), Filmproducenternas Rättsförening (a legally-oriented association for filmproducers), BMG Chrysalis Scandinavia (a media giant) and Fackförbundet för Film och Mediabranschen (a union for the movie and media industry).

“This means that Judge 1 is involved in a copyright association sponsored by the film and media industry, while also judging in copyright cases with the film industry as one of the parties,” the ISP says.

Bahnhof’s also has criticism for Judge 2, who participated as an event speaker for the Swedish Association for Copyright, and Judge 3 who has written for the SFU-supported magazine NIR. According to Lindahl, Judge 4 worked for a bureau that is partly owned by a board member of SFU, who also defended media companies in a “high-profile” Swedish piracy case.

That leaves Judge 5, who handled 10 of the copyright troll cases documented by Bahnhof, waiving one and deciding the remaining nine in favor of a movie company plaintiff.

“Judge 5 has been questioned before and even been accused of bias while judging a high-profile piracy case almost ten years ago. The accusations of bias were motivated by the judge’s membership of SFU and the Swedish Association for Intellectual Property Rights (SFIR), an association with several important individuals of the Swedish copyright community as members, who all defend, represent, or sympathize with the media industry,” Lindahl says.

Bahnhof hasn’t named any of the judges nor has it provided additional details on the “high-profile” case. However, anyone who remembers the infamous trial of ‘The Pirate Bay Four’ a decade ago might recall complaints from the defense (1,2,3) that several judges involved in the case were members of pro-copyright groups.

While there were plenty of calls to consider them biased, in May 2010 the Supreme Court ruled otherwise, a fact Bahnhof recognizes.

“Judge 5 was never sentenced for bias by the court, but regardless of the court’s decision this is still a judge who shares values and has personal connections with [the media industry], and as if that weren’t enough, the judge has induced an additional financial aspect by participating in events paid for by said party,” Lindahl writes.

“The judge has parties and interest holders in their personal network, a private engagement in the subject and a financial connection to one party – textbook characteristics of bias which would make anyone suspicious.”

The decision-makers of the Patent and Market Court and their relations.

The ISP notes that all five judges have connections to the media industry in the cases they judge, which isn’t a great starting point for returning “objective and impartial” results. In its summary, however, the ISP is scathing of the overall system, one in which court cases “almost looked rigged” and appear to be decided in favor of the movie company even before reaching court.

In general, however, Bahnhof says that the processes show a lack of individual attention, such as the court blindly accepting questionable IP address evidence supplied by infamous anti-piracy outfit MaverickEye.

“The court never bothers to control the media company’s only evidence (lists generated by MaverickMonitor, which has proven to be an unreliable software), the court documents contain several typos of varying severity, and the same standard texts are reused in several different cases,” the ISP says.

“The court documents show a lack of care and control, something that can easily be taken advantage of by individuals with shady motives. The findings and discoveries of this investigation are strengthened by the pure numbers mentioned in the beginning which clearly show how one party almost always wins.

“If this is caused by bias, cheating, partiality, bribes, political agenda, conspiracy or pure coincidence we can’t say for sure, but the fact that this process has mainly generated money for the film industry, while citizens have been robbed of their personal integrity and legal certainty, indicates what forces lie behind this machinery,” Bahnhof’s Lindahl concludes.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN reviews, discounts, offers and coupons.

Legal Blackmail: Zero Cases Brought Against Alleged Pirates in Sweden

Post Syndicated from Andy original https://torrentfreak.com/legal-blackmail-zero-cases-brought-against-alleged-pirates-in-sweden-180525/

While several countries in Europe have wilted under sustained pressure from copyright trolls for more than ten years, Sweden managed to avoid their controversial attacks until fairly recently.

With Germany a decade-old pit of misery, with many hundreds of thousands of letters – by now probably millions – sent out to Internet users demanding cash, Sweden avoided the ranks of its European partners until two years ago

In September 2016 it was revealed that an organization calling itself Spridningskollen (Distribution Check) headed up by law firm Gothia Law, would begin targeting the public.

Its spokesperson described its letters as “speeding tickets” for pirates, in that they would only target the guilty. But there was a huge backlash and just a couple of months later Spridningskollen headed for the hills, without a single collection letter being sent out.

That was the calm before the storm.

In February 2017, Danish law firm Njord Law was found to be at the center of a new troll operation targeting the subscribers of several ISPs, including Telia, Tele2 and Bredbandsbolaget. Court documents revealed that thousands of IP addresses had been harvested by the law firm’s partners who were determined to link them with real-life people.

Indeed, in a single batch, Njord Law was granted permission from the court to obtain the identities of citizens behind 25,000 IP addresses, from whom it hoped to obtain cash settlements of around US$550. But it didn’t stop there.

Time and again the trolls headed back to court in an effort to reach more people although until now the true scale of their operations has been open to question. However, a new investigation carried out by SVT has revealed that the promised copyright troll invasion of Sweden is well underway with a huge level of momentum.

Data collated by the publication reveals that since 2017, the personal details behind more than 50,000 IP addresses have been handed over by Swedish Internet service providers to law firms representing copyright trolls and their partners. By the end of this year, Njord Law alone will have sent out 35,000 letters to Swede’s whose IP addresses have been flagged as allegedly infringing copyright.

Even if one is extremely conservative with the figures, the levels of cash involved are significant. Taking a settlement amount of just $300 per letter, very quickly the copyright trolls are looking at $15,000,000 in revenues. On the perimeter, assuming $550 will make a supposed lawsuit go away, we’re looking at a potential $27,500,000 in takings.

But of course, this dragnet approach doesn’t have the desired effect on all recipients.

In 2017, Njord Law said that only 60% of its letters received any kind of response, meaning that even fewer would be settling with the company. So what happens when the public ignores the threatening letters?

“Yes, we will [go to court],” said lawyer Jeppe Brogaard Clausen last year.

“We wish to resolve matters as much as possible through education and dialogue without the assistance of the court though. It is very expensive both for the rights holders and for plaintiffs if we go to court.”

But despite the tough-talking, SVT’s investigation has turned up an interesting fact. The nuclear option, of taking people to court and winning a case when they refuse to pay, has never happened.

After trawling records held by the Patent and Market Court and all those held by the District Courts dating back five years, SVT did not find a single case of a troll taking a citizen to court and winning a case. Furthermore, no law firm contacted by the publication could show that such a thing had happened.

“In Sweden, we have not yet taken someone to court, but we are planning to file for the right in 2018,” Emelie Svensson, lawyer at Njord Law, told SVT.

While a case may yet reach the courts, when it does it is guaranteed to be a cut-and-dried one. Letter recipients can often say things to damage their case, even when they’re only getting a letter due to their name being on the Internet bill. These are the people who find themselves under the most pressure to pay, whether they’re guilty or not.

“There is a risk of what is known in English as ‘legal blackmailing’,” says Mårten Schultz, professor of civil law at Stockholm University.

“With [the copyright holders’] legal and economic muscles, small citizens are scared into paying claims that they do not legally have to pay.”

It’s a position shared by Marianne Levine, Professor of Intellectual Property Law at Stockholm University.

“One can only show that an IP address appears in some context, but there is no point in the evidence. Namely, that it is the subscriber who also downloaded illegitimate material,” she told SVT.

Njord Law, on the other hand, sees things differently.

“In Sweden, we have no legal case saying that you are not responsible for your IP address,” Emelie Svensson says.

Whether Njord Law will carry through with its threats will remain to be seen but there can be little doubt that while significant numbers of people keep paying up, this practice will continue and escalate. The trolls have come too far to give up now.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN reviews, discounts, offers and coupons.

Singapore ISPs Block 53 Pirate Sites Following MPAA Legal Action

Post Syndicated from Andy original https://torrentfreak.com/singapore-isps-block-53-pirate-sites-following-mpaa-legal-action-180521/

Under increasing pressure from copyright holders, in 2014 Singapore passed amendments to copyright law that allow ISPs to block ‘pirate’ sites.

“The prevalence of online piracy in Singapore turns customers away from legitimate content and adversely affects Singapore’s creative sector,” said then Senior Minister of State for Law Indranee Rajah.

“It can also undermine our reputation as a society that respects the protection of intellectual property.”

After the amendments took effect in December 2014, there was a considerable pause before any websites were targeted. However, in September 2016, at the request of the MPA(A), Solarmovie.ph became the first website ordered to be blocked under Singapore’s amended Copyright Act. The High Court subsequently ordering several major ISPs to disable access to the site.

A new wave of blocks announced this morning are the country’s most significant so far, with dozens of ‘pirate’ sites targeted following a successful application by the MPAA earlier this year.

In total, 53 sites across 154 domains – including those operated by The Pirate Bay plus KickassTorrents and Solarmovie variants – have been rendered inaccessible by ISPs including Singtel, StarHub, M1, MyRepublic and ViewQwest.

“In Singapore, these sites are responsible for a major portion of copyright infringement of films and television shows,” an MPAA spokesman told The Straits Times (paywall).

“This action by rights owners is necessary to protect the creative industry, enabling creators to create and keep their jobs, protect their works, and ensure the continued provision of high-quality content to audiences.”

Before granting a blocking injunction, the High Court must satisfy itself that the proposed online locations meet the threshold of being “flagrantly infringing”. This means that a site like YouTube, which carries a lot of infringing content but is not dedicated to infringement, would not ordinarily get caught up in the dragnet.

Sites considered for blocking must have a primary purpose to infringe, a threshold that is tipped in copyright holders’ favor when the sites’ operators display a lack of respect for copyright law and have already had their domains blocked in other jurisdictions.

The Court also weighs a number of additional factors including whether blocking would place an unacceptable burden on the shoulders of ISPs, whether the blocking demand is technically possible, and whether it will be effective.

In common with other regions such as the UK and Australia, for example, sites targeted for blocking must be informed of the applications made against them, to ensure they’re given a chance to defend themselves in court. No fully-fledged ‘pirate’ site has ever defended a blocking application in Singapore or indeed any jurisdiction in the world.

Finally, should any measures be taken by ‘pirate’ sites to evade an ISP blockade, copyright holders can apply to the Singapore High Court to amend the blocking order. This is similar to the Australian model where each application must be heard on its merits, rather than the UK model where a more streamlined approach is taken.

According to a recent report by Motion Picture Association Canada, at least 42 countries are now obligated to block infringing sites. In Europe alone, 1,800 sites and 5,300 domains have been rendered inaccessible, with Portugal, Italy, the UK, and Denmark leading the way.

In Canada, where copyright holders are lobbying hard for a site-blocking regime of their own, there’s pressure to avoid the “uncertain, slow and expensive” route of going through the courts.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN reviews, discounts, offers and coupons.

Pirate IPTV Service Gave Customer Details to Premier League, But What’s the Risk?

Post Syndicated from Andy original https://torrentfreak.com/pirate-iptv-service-gave-customer-details-to-premier-league-but-whats-the-risk-180515/

In a report last weekend, we documented what appear to be the final days of pirate IPTV provider Ace Hosting.

From information provided by several sources including official liquidation documents, it became clear that a previously successful and profitable Ace had succumbed to pressure from the Premier League, which accused the service of copyright infringement.

The company had considerable funds in the bank – £255,472.00 to be exact – but it also had debts of £717,278.84, including £260,000 owed to HMRC and £100,000 to the Premier League as part of a settlement agreement.

Information received by TF late Sunday suggested that £100K was the tip of the iceberg as far as the Premier League was concerned and in a statement yesterday, the football outfit confirmed that was the case.

“A renowned pirate of Premier League content to consumers has been forced to liquidate after agreeing to pay £600,000 for breaching the League’s copyright,” the Premier League announced.

“Ace IPTV, run by Craig Driscoll and Ian Isaac, was selling subscriptions to illegal Premier League streams directly to consumers which allowed viewing on a range of devices, including notorious Kodi-type boxes, as well as to smaller resellers in the UK and abroad.”

Sources familiar with the case suggest that while Ace Hosting Limited didn’t have the funds to pay the Premier League the full £600K, Ace’s operators agreed to pay (and have already paid, to some extent at least) what were essentially their own funds to cover amounts above the final £100K, which is due to be paid next year.

But that’s not the only thing that’s been handed over to the Premier League.

“Ace voluntarily disclosed the personal details of their customers, which the League will now review in compliance with data protection legislation. Further investigations will be conducted, and action taken where appropriate,” the Premier League added.

So, the big question now is how exposed Ace’s former subscribers are.

The truth is that only the Premier League knows for sure but TF has been able to obtain information from several sources which indicate that former subscribers probably aren’t the Premier League’s key interest and even if they were, information obtained on them would be of limited use.

According to a source with knowledge of how a system like Ace’s works, there is a separation of data which appears to help (at least to some degree) with the subscriber’s privacy.

“The system used to manage accounts and take payment is actually completely separate from the software used to manage streams and the lines themselves. They are never usually even on the same server so are two very different databases,” he told TF.

“So at best the only information that has voluntarily been provided to the [Premier League], is just your email, name and address (assuming you even used real details) and what hosting package or credits you bought.”

While this information is bad enough, the action against Ace is targeted, in that it focuses on the Premier League’s content and how Ace (and therefore its users) infringed on the football outfit’s copyrights. So, proving that subscribers actually watched any Premier League content would be an ideal position but it’s not straightforward, despite the potential for detailed logging.

“The management system contains no history of what you watched, when you watched it, when you signed in and so on. That is all contained in a different database on a different server.

“Because every connection is recorded [on the second server], it can create some two million entries a day and as such most providers either turn off this feature or delete the logs daily as having so many entries slows down the system down used for actual streams,” he explains.

Our source says that this data would likely to have been the first to be deleted and is probably “long gone” by now. However, even if the Premier League had obtained it, it’s unlikely they would be able to do much with it due to data protection laws.

“The information was passed to the [Premier League] voluntarily by ACE which means this information has been given from one entity to another without the end users’ consent, not part of the [creditors’ voluntary liquidation] and without a court order to support it. Data Protection right now is taken very seriously in the EU,” he notes.

At this point, it’s probably worth noting that while the word “voluntarily” has been used several times to explain the manner in which Ace handed over its subscribers’ details to the Premier League, the same word can be used to describe the manner in which the £600K settlement amount will be paid.

No one forces someone to pay or hand something over, that’s what the courts are for, and the aim here was to avoid that eventuality.

Other pieces of information culled from various sources suggest that PayPal payment information, limited to amounts only, was also handed over to the Premier League. And, perhaps most importantly (and perhaps predictably) as far as former subscribers are concerned, the football group was more interested in Ace’s upwards supplier chain (the ‘wholesale’ stream suppliers used, for example) than those buying the service.

Finally, while the Premier League is now seeking to send a message to customers that these services are risky to use, it’s difficult to argue with the assertion that it’s unsafe to hand over personal details to an illegal service.

“Ace IPTV’s collapse also highlighted the risk consumers take with their personal data when they sign up to illegal streaming services,” Premier League notes.

TF spoke with three IPTV providers who all confirmed that they don’t care what names and addresses people use to sign up with and that no checks are carried out to make sure they’re correct. However, one concedes that in order to run as a business, this information has to be requested and once a customer types it in, it’s possible that it could be handed over as part of a settlement.

“I’m not going to tell people to put in dummy details, how can I? It’s up to people to use their common sense. If they’re still worried they should give Sky their money because if our backs are against the wall, what do you think is going to happen?” he concludes.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN reviews, discounts, offers and coupons.

ISPs Win Landmark Case to Protect Privacy of Alleged Pirates

Post Syndicated from Andy original https://torrentfreak.com/isps-win-landmark-case-protect-privacy-alleged-pirates-180508/

With waves of piracy settlement letters being sent out across the world, the last line of defense for many accused Internet users has been their ISPs.

In a number of regions, notably the United States, Europe, and the UK, most ISPs have given up the fight, handing subscriber details over to copyright trolls with a minimum of resistance. However, there are companies out there prepared to stand up for their customers’ rights, if eventually.

Over in Denmark, Telenor grew tired of tens of thousands of requests for subscriber details filed by a local law firm on behalf of international copyright troll groups. It previously complied with demands to hand over the details of individuals behind 22,000 IP addresses, around 11% of the 200,000 total handled by ISPs in Denmark. But with no end in sight, the ISP dug in its heels.

“We think there is a fundamental legal problem because the courts do not really decide what is most important: the legal security of the public or the law firms’ commercial interests,” Telenor’s Legal Director Mette Eistrøm Krüger said last year.

Assisted by rival ISP Telia, Telenor subsequently began preparing a case to protect the interests of their customers, refusing in the meantime to comply with disclosure requests in copyright cases. But last October, the District Court ruled against the telecoms companies, ordering them to provide identities to the copyright trolls.

Undeterred, the companies took their case to the Østre Landsret, one of Denmark’s two High Courts. Yesterday their determination paid off with a resounding victory for the ISPs and security for the individuals behind approximately 4,000 IP addresses targeted by Copyright Collection Ltd via law firm Njord Law.

“In its order based on telecommunications legislation, the Court has weighed subscribers’ rights to confidentiality of information regarding their use of the Internet against the interests of rightsholders to obtain information for the purpose of prosecuting claims against the subscribers,” the Court said in a statement.

Noting that the case raised important questions of European Union law and the European Convention on Human Rights, the High Court said that after due consideration it would overrule the decision of the District Court. The rights of the copyright holders do not trump the individuals right to privacy, it said.

“The telecommunications companies are therefore not required to disclose the names and addresses of their subscribers,” the Court ruled.

Telenor welcomed the decision, noting that it had received countless requests from law firms to disclose the identities of thousands of subscribers but had declined to hand them over, a decision that has now been endorsed by the High Court.

“This is an important victory for our right to protect our customers’ data,” said Telenor Denmark’s Legal Director, Mette Eistrøm Krüger.

“At Telenor we protect our customers’ data and trust – therefore it has been our conviction that we cannot be forced into almost automatically submitting personal data on our customers simply to support some private actors who are driven by commercial interests.”

Noting that it’s been putting up a fight since 2016 against handing over customers’ data for purposes other than investigating serious crime, Telenor said that the clarity provided by the decision is most welcome.

“We and other Danish telecom companies are required to log customer data for the police to fight serious crime and terrorism – but the legislation has just been insufficient in relation to the use of logged data,” Krüger said.

“Therefore I am pleased that with this judgment the High Court has stated that customers’ legal certainty is most important in these cases.”

The decision was also welcomed by Telia Denmark, with Legal Director Lasse Andersen describing the company as being “really really happy” with “a big win.”

“It is a victory for our customers and for all telecom companies’ customers,” Andersen said.

“They can now feel confident that the data that we collect about them cannot be disclosed for purposes other than the terms under which they are collected as determined by the jurisdiction.

“Therefore, anyone and everybody cannot claim our data. We are pleased that throughout the process we have determined that we will not hand over our data to anyone other than the police with a court order,” Andersen added.

But as the ISPs celebrate, the opposite is true for Njord Law and its copyright troll partners.

“It is a sad message to the Danish film and television industry that the possibilities for self-investigating illegal file sharing are complicated and that the work must be left to the police’s scarce resources,” said Jeppe Brogaard Clausen of Njord Law.

While the ISPs finally stood up for users in these cases, Telenor in particular wishes to emphasize that supporting the activities of pirates is not its aim. The company says it does not support illegal file-sharing “in any way” and is actively working with anti-piracy outfit Rights Alliance to prevent unauthorized downloading of movies and other content.

The full decision of the Østre Landsret can be found here (Danish, pdf)

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN reviews, discounts, offers and coupons.

Former Judge Accuses IP Court of Using ‘Pirate’ Microsoft Software

Post Syndicated from Andy original https://torrentfreak.com/former-judge-accuses-ip-court-of-using-pirate-microsoft-software-180429/

While piracy of movies, TV shows, and music grabs most of the headlines, software piracy is a huge issue, from both consumer and commercial perspectives.

For many years, software such as Photoshop has been pirated on a grand scale and around the world, millions of computers rely on cracked and unlicensed copies of Microsoft’s Windows software.

One of the key drivers of this kind of piracy is the relative expense of software. Open source variants are nearly always available but big brand names always seem more popular due to their market penetration and perceived ease of use.

While using pirated software very rarely gets individuals into trouble, the same cannot be said of unlicensed commercial operators. That appears to be the case in Russia where somewhat ironically the Court for Intellectual Property Rights stands accused of copyright infringement.

A complaint filed by the Paragon law firm at the Prosecutor General’s Office of the Court for Intellectual Property Rights (CIP) alleges that the Court is illegally using Microsoft software, something which has the potential to affect the outcome of court cases involving the US-based software giant.

Paragon is representing Alexander Shmuratov, who is a former Assistant Judge at the Court for Intellectual Property Rights. Shmuratov worked at the Court for several years and claims that the computers there were being operated with expired licenses.

Shmuratov himself told Kommersant that he “saw the notice of an activation failure every day when using MS Office products” in intellectual property court.

A representative of the Prosecutor General’s Office confirmed that a complaint had been received but said it had been forwarded to the Ministry of Internal Affairs.

In respect of the counterfeit software claims, CIP categorically denies the allegations. CIP says that licenses for all Russian courts were purchased back in 2008 and remained in force until 2011. In 2013, Microsoft agreed to an extension.

Only adding more intrigue to the story, CIP Assistant chairman Catherine Ulyanova said that the initator of the complaint, former judge Alexander Shmuratov, was dismissed from the CIP because he provided false information about income. He later mounted a challenge against his dismissal but was unsuccessful.

Ulyanova said that Microsoft licensed all courts from 2006 for use of Windows and MS Office. The licenses were acquired through a third-party company and more licenses than necessary were purchased, with some licenses being redistributed for use by CIP in later years with the consent of Microsoft.

Kommersant was unable to confirm how licenses were paid for beyond December 2011 but apparently an “official confirmation letter from the Irish headquarters of Microsoft, which does not object to the transfer of CIP licenses” had been sent to the Court.

Responding to Shmuratov’s allegations that software he used hadn’t been activated, Ulyanova said that technical problems had no relationship with the existence of software licenses.

The question of whether the Court is properly licensed will be determined at a later date but observers are already raising questions concerning CIP’s historical dealings with Microsoft not only in terms of licensing, but in cases it handled.

In the period 2014-2017, the Court for Intellectual Property Rights handled around 80 cases involving Microsoft and claims of between 50 thousand ($800) and several million rubles.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN reviews, discounts, offers and coupons.

ISP Sued For Breaching User Privacy After Blocking Pirate Sites

Post Syndicated from Andy original https://torrentfreak.com/isp-sued-for-breaching-user-privacy-after-blocking-pirate-sites-180428/

After hinting at moves to curb online piracy last month, on April 13 the Japanese government announced
emergency measures to target websites hosting pirated manga, anime and other types of content.

In common with dozens of counterparts around the world, the government said it favored site-blocking as the first line of defense. However, with no specific legislation to fall back on, authorities asked local ISPs if they’d come along for the ride voluntarily. On Monday, the Nippon Telegraph and Telephone Corp. (NTT) announced that it would.

“We have taken short-term emergency measures until legal systems on site-blocking are implemented,” NTT in a statement.

NTT Communications Corp., NTT Docomo Inc. and NTT Plala Inc., said they would target three sites highlighted by the government – Mangamura, AniTube! and MioMio – which together have a huge following in Japan.

The service providers added that at least in the short-term, they would prevent access to the sites using DNS blocking and would restrict access to other sites if requested to do so by the government. But, just a few days on, NTT is already facing problems.

Lawyer Yuichi Nakazawa has now launched legal action against NTT, demanding that the corporation immediately ends its site-blocking operations.

The complaint, filed at the Tokyo District Court, notes that the lawyer uses an Internet connection provided by NTT. Crucially, it also states that in order to block access to the sites in question, NTT would need to spy on customers’ Internet connections to find out if they’re trying to access the banned sites.

The lawyer informs TorrentFreak that the ISP’s decision prompted him into action.

“NTT’s decision was made arbitrarily on the site without any legal basis. No matter how legitimate the objective of copyright infringement is, it is very dangerous,” Nakazawa explains.

“I felt that ‘freedom,’ which is an important value of the Internet, was threatened. Actually, when the interruption of communications had begun, the company thought it would be impossible to reverse the situation, so I filed a lawsuit at this stage.”

Breaches of privacy could present a significant problem under Japanese law. The Telecommunications Business Act guarantees privacy of communications and prevents censorship, as does Article 21 of the Constitution.

“The secrecy of communications being handled by a telecommunications carrier shall not be violated,” the Telecommunications Business Act states, adding that “no communications being handled by a telecommunications carrier shall be censored.”

The Constitution is also clear, stating that “no censorship shall be maintained, nor shall the secrecy of any means of communication be violated.”

For his part, lawyer Yuichi Nakazawa is also concerned that his contract with the ISP is being breached.

“There is an Internet connection agreement between me and NTT. I am a customer of NTT. There is no provision in the contract between me and NTT to allow arbitrary interruption of communications,” he explains.

Nakazawa doesn’t appear to be against site-blocking per se, he’s just concerned that relevant laws and agreements are being broken.

“It is necessary to restrict sites of pirated publications but that does not mean you can do anything,” Nakazawa said, as quoted by Mainichi. “We should have sufficient discussions for an appropriate measure, including revising the law.”

The question of whether site-blocking does indeed represent an invasion of privacy will probably come down to how the ISP implements it and how that is interpreted by the courts.

A source familiar with the situation told TF that spying on user connections is clearly a problem but the deployment of an outer network firewall rule that simply prevents traffic passing through might be viewed differently.

Such a rule would provide no secret or private information that wasn’t already available to the ISP when the customer requested a banned site through a web browser, although it still falls foul of the “no censorship” requirements of both the Constitution and Telecommunications Business Act.

NTT Communications has declined to comment on the lawsuit but says it had no plans to backtrack on plans to block the sites. Earlier this week, SoftBank Corp., another ISP considering a blockade, expressed concerns that site-blocking has the potential to infringe secrecy of communications rules.

Source: TF, for the latest info on copyright, file-sharing, torrent sites and more. We also have VPN reviews, discounts, offers and coupons.

E-Mail Leaves an Evidence Trail

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2018/02/e-mail_leaves_a.html

If you’re going to commit an illegal act, it’s best not to discuss it in e-mail. It’s also best to Google tech instructions rather than asking someone else to do it:

One new detail from the indictment, however, points to just how unsophisticated Manafort seems to have been. Here’s the relevant passage from the indictment. I’ve bolded the most important bits:

Manafort and Gates made numerous false and fraudulent representations to secure the loans. For example, Manafort provided the bank with doctored [profit and loss statements] for [Davis Manafort Inc.] for both 2015 and 2016, overstating its income by millions of dollars. The doctored 2015 DMI P&L submitted to Lender D was the same false statement previously submitted to Lender C, which overstated DMI’s income by more than $4 million. The doctored 2016 DMI P&L was inflated by Manafort by more than $3.5 million. To create the false 2016 P&L, on or about October 21, 2016, Manafort emailed Gates a .pdf version of the real 2016 DMI P&L, which showed a loss of more than $600,000. Gates converted that .pdf into a “Word” document so that it could be edited, which Gates sent back to Manafort. Manafort altered that “Word” document by adding more than $3.5 million in income. He then sent this falsified P&L to Gates and asked that the “Word” document be converted back to a .pdf, which Gates did and returned to Manafort. Manafort then sent the falsified 2016 DMI P&L .pdf to Lender D.

So here’s the essence of what went wrong for Manafort and Gates, according to Mueller’s investigation: Manafort allegedly wanted to falsify his company’s income, but he couldn’t figure out how to edit the PDF. He therefore had Gates turn it into a Microsoft Word document for him, which led the two to bounce the documents back-and-forth over email. As attorney and blogger Susan Simpson notes on Twitter, Manafort’s inability to complete a basic task on his own seems to have effectively “created an incriminating paper trail.”

If there’s a lesson here, it’s that the Internet constantly generates data about what people are doing on it, and that data is all potential evidence. The FBI is 100% wrong that they’re going dark; it’s really the golden age of surveillance, and the FBI’s panic is really just its own lack of technical sophistication.

Blame privacy activists for the Memo??

Post Syndicated from Robert Graham original http://blog.erratasec.com/2018/02/blame-privacy-activists-for-memo.html

Former FBI agent Asha Rangappa @AshaRangappa_ has a smart post debunking the Nunes Memo, then takes it all back again with an op-ed on the NYTimes blaming us privacy activists. She presents an obviously false narrative that the FBI and FISA courts are above suspicion.

I know from first hand experience the FBI is corrupt. In 2007, they threatened me, trying to get me to cancel a talk that revealed security vulnerabilities in a large corporation’s product. Such abuses occur because there is no transparency and oversight. FBI agents write down our conversation in their little notebooks instead of recording it, so that they can control the narrative of what happened, presenting their version of the converstion (leaving out the threats). In this day and age of recording devices, this is indefensible.

She writes “I know firsthand that it’s difficult to get a FISA warrant“. Yes, the process was difficult for her, an underling, to get a FISA warrant. The process is different when a leader tries to do the same thing.

I know this first hand having casually worked as an outsider with intelligence agencies. I saw two processes in place: one for the flunkies, and one for those above the system. The flunkies constantly complained about how there is too many process in place oppressing them, preventing them from getting their jobs done. The leaders understood the system and how to sidestep those processes.

That’s not to say the Nunes Memo has merit, but it does point out that privacy advocates have a point in wanting more oversight and transparency in such surveillance of American citizens.

Blaming us privacy advocates isn’t the way to go. It’s not going to succeed in tarnishing us, but will push us more into Trump’s camp, causing us to reiterate that we believe the FBI and FISA are corrupt.

After Section 702 Reauthorization

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2018/01/after_section_7.html

For over a decade, civil libertarians have been fighting government mass surveillance of innocent Americans over the Internet. We’ve just lost an important battle. On January 18, President Trump signed the renewal of Section 702, domestic mass surveillance became effectively a permanent part of US law.

Section 702 was initially passed in 2008, as an amendment to the Foreign Intelligence Surveillance Act of 1978. As the title of that law says, it was billed as a way for the NSA to spy on non-Americans located outside the United States. It was supposed to be an efficiency and cost-saving measure: the NSA was already permitted to tap communications cables located outside the country, and it was already permitted to tap communications cables from one foreign country to another that passed through the United States. Section 702 allowed it to tap those cables from inside the United States, where it was easier. It also allowed the NSA to request surveillance data directly from Internet companies under a program called PRISM.

The problem is that this authority also gave the NSA the ability to collect foreign communications and data in a way that inherently and intentionally also swept up Americans’ communications as well, without a warrant. Other law enforcement agencies are allowed to ask the NSA to search those communications, give their contents to the FBI and other agencies and then lie about their origins in court.

In 1978, after Watergate had revealed the Nixon administration’s abuses of power, we erected a wall between intelligence and law enforcement that prevented precisely this kind of sharing of surveillance data under any authority less restrictive than the Fourth Amendment. Weakening that wall is incredibly dangerous, and the NSA should never have been given this authority in the first place.

Arguably, it never was. The NSA had been doing this type of surveillance illegally for years, something that was first made public in 2006. Section 702 was secretly used as a way to paper over that illegal collection, but nothing in the text of the later amendment gives the NSA this authority. We didn’t know that the NSA was using this law as the statutory basis for this surveillance until Edward Snowden showed us in 2013.

Civil libertarians have been battling this law in both Congress and the courts ever since it was proposed, and the NSA’s domestic surveillance activities even longer. What this most recent vote tells me is that we’ve lost that fight.

Section 702 was passed under George W. Bush in 2008, reauthorized under Barack Obama in 2012, and now reauthorized again under Trump. In all three cases, congressional support was bipartisan. It has survived multiple lawsuits by the Electronic Frontier Foundation, the ACLU, and others. It has survived the revelations by Snowden that it was being used far more extensively than Congress or the public believed, and numerous public reports of violations of the law. It has even survived Trump’s belief that he was being personally spied on by the intelligence community, as well as any congressional fears that Trump could abuse the authority in the coming years. And though this extension lasts only six years, it’s inconceivable to me that it will ever be repealed at this point.

So what do we do? If we can’t fight this particular statutory authority, where’s the new front on surveillance? There are, it turns out, reasonable modifications that target surveillance more generally, and not in terms of any particular statutory authority. We need to look at US surveillance law more generally.

First, we need to strengthen the minimization procedures to limit incidental collection. Since the Internet was developed, all the world’s communications travel around in a single global network. It’s impossible to collect only foreign communications, because they’re invariably mixed in with domestic communications. This is called “incidental” collection, but that’s a misleading name. It’s collected knowingly, and searched regularly. The intelligence community needs much stronger restrictions on which American communications channels it can access without a court order, and rules that require they delete the data if they inadvertently collect it. More importantly, “collection” is defined as the point the NSA takes a copy of the communications, and not later when they search their databases.

Second, we need to limit how other law enforcement agencies can use incidentally collected information. Today, those agencies can query a database of incidental collection on Americans. The NSA can legally pass information to those other agencies. This has to stop. Data collected by the NSA under its foreign surveillance authority should not be used as a vehicle for domestic surveillance.

The most recent reauthorization modified this lightly, forcing the FBI to obtain a court order when querying the 702 data for a criminal investigation. There are still exceptions and loopholes, though.

Third, we need to end what’s called “parallel construction.” Today, when a law enforcement agency uses evidence found in this NSA database to arrest someone, it doesn’t have to disclose that fact in court. It can reconstruct the evidence in some other manner once it knows about it, and then pretend it learned of it that way. This right to lie to the judge and the defense is corrosive to liberty, and it must end.

Pressure to reform the NSA will probably first come from Europe. Already, European Union courts have pointed to warrantless NSA surveillance as a reason to keep Europeans’ data out of US hands. Right now, there is a fragile agreement between the EU and the United States ­– called “Privacy Shield” — ­that requires Americans to maintain certain safeguards for international data flows. NSA surveillance goes against that, and it’s only a matter of time before EU courts start ruling this way. That’ll have significant effects on both government and corporate surveillance of Europeans and, by extension, the entire world.

Further pressure will come from the increased surveillance coming from the Internet of Things. When your home, car, and body are awash in sensors, privacy from both governments and corporations will become increasingly important. Sooner or later, society will reach a tipping point where it’s all too much. When that happens, we’re going to see significant pushback against surveillance of all kinds. That’s when we’ll get new laws that revise all government authorities in this area: a clean sweep for a new world, one with new norms and new fears.

It’s possible that a federal court will rule on Section 702. Although there have been many lawsuits challenging the legality of what the NSA is doing and the constitutionality of the 702 program, no court has ever ruled on those questions. The Bush and Obama administrations successfully argued that defendants don’t have legal standing to sue. That is, they have no right to sue because they don’t know they’re being targeted. If any of the lawsuits can get past that, things might change dramatically.

Meanwhile, much of this is the responsibility of the tech sector. This problem exists primarily because Internet companies collect and retain so much personal data and allow it to be sent across the network with minimal security. Since the government has abdicated its responsibility to protect our privacy and security, these companies need to step up: Minimize data collection. Don’t save data longer than absolutely necessary. Encrypt what has to be saved. Well-designed Internet services will safeguard users, regardless of government surveillance authority.

For the rest of us concerned about this, it’s important not to give up hope. Everything we do to keep the issue in the public eye ­– and not just when the authority comes up for reauthorization again in 2024 — hastens the day when we will reaffirm our rights to privacy in the digital age.

This essay previously appeared in the Washington Post.

Bitcoin: In Crypto We Trust

Post Syndicated from Robert Graham original http://blog.erratasec.com/2017/12/bitcoin-in-crypto-we-trust.html

Tim Wu, who coined “net neutrality”, has written an op-ed on the New York Times called “The Bitcoin Boom: In Code We Trust“. He is wrong about “code”.

The wrong “trust”

Wu builds a big manifesto about how real-world institutions can’t be trusted. Certainly, this reflects the rhetoric from a vocal wing of Bitcoin fanatics, but it’s not the Bitcoin manifesto.

Instead, the word “trust” in the Bitcoin paper is much narrower, referring to how online merchants can’t trust credit-cards (for example). When I bought school supplies for my niece when she studied in Canada, the online site wouldn’t accept my U.S. credit card. They didn’t trust my credit card. However, they trusted my Bitcoin, so I used that payment method instead, and succeeded in the purchase.

Real-world currencies like dollars are tethered to the real-world, which means no single transaction can be trusted, because “they” (the credit-card company, the courts, etc.) may decide to reverse the transaction. The manifesto behind Bitcoin is that a transaction cannot be reversed — and thus, can always be trusted.

Deliberately confusing the micro-trust in a transaction and macro-trust in banks and governments is a sort of bait-and-switch.

The wrong inspiration

Wu claims:

“It was, after all, a carnival of human errors and misfeasance that inspired the invention of Bitcoin in 2009, namely, the financial crisis.”

Not true. Bitcoin did not appear fully formed out of the void, but was instead based upon a series of innovations that predate the financial crisis by a decade. Moreover, the financial crisis had little to do with “currency”. The value of the dollar and other major currencies were essentially unscathed by the crisis. Certainly, enthusiasts looking backward like to cherry pick the financial crisis as yet one more reason why the offline world sucks, but it had little to do with Bitcoin.

In crypto we trust

It’s not in code that Bitcoin trusts, but in crypto. Satoshi makes that clear in one of his posts on the subject:

A generation ago, multi-user time-sharing computer systems had a similar problem. Before strong encryption, users had to rely on password protection to secure their files, placing trust in the system administrator to keep their information private. Privacy could always be overridden by the admin based on his judgment call weighing the principle of privacy against other concerns, or at the behest of his superiors. Then strong encryption became available to the masses, and trust was no longer required. Data could be secured in a way that was physically impossible for others to access, no matter for what reason, no matter how good the excuse, no matter what.

You don’t possess Bitcoins. Instead, all the coins are on the public blockchain under your “address”. What you possess is the secret, private key that matches the address. Transferring Bitcoin means using your private key to unlock your coins and transfer them to another. If you print out your private key on paper, and delete it from the computer, it can never be hacked.

Trust is in this crypto operation. Trust is in your private crypto key.

We don’t trust the code

The manifesto “in code we trust” has been proven wrong again and again. We don’t trust computer code (software) in the cryptocurrency world.

The most profound example is something known as the “DAO” on top of Ethereum, Bitcoin’s major competitor. Ethereum allows “smart contracts” containing code. The quasi-religious manifesto of the DAO smart-contract is that the “code is the contract”, that all the terms and conditions are specified within the smart-contract code, completely untethered from real-world terms-and-conditions.

Then a hacker found a bug in the DAO smart-contract and stole most of the money.

In principle, this is perfectly legal, because “the code is the contract”, and the hacker just used the code. In practice, the system didn’t live up to this. The Ethereum core developers, acting as central bankers, rewrote the Ethereum code to fix this one contract, returning the money back to its original owners. They did this because those core developers were themselves heavily invested in the DAO and got their money back.

Similar things happen with the original Bitcoin code. A disagreement has arisen about how to expand Bitcoin to handle more transactions. One group wants smaller and “off-chain” transactions. Another group wants a “large blocksize”. This caused a “fork” in Bitcoin with two versions, “Bitcoin” and “Bitcoin Cash”. The fork championed by the core developers (central bankers) is worth around $20,000 right now, while the other fork is worth around $2,000.

So it’s still “in central bankers we trust”, it’s just that now these central bankers are mostly online instead of offline institutions. They have proven to be even more corrupt than real-world central bankers. It’s certainly not the code that is trusted.

The bubble

Wu repeats the well-known reference to Amazon during the dot-com bubble. If you bought Amazon’s stock for $107 right before the dot-com crash, it still would be one of wisest investments you could’ve made. Amazon shares are now worth around $1,200 each.

The implication is that Bitcoin, too, may have such long term value. Even if you buy it today and it crashes tomorrow, it may still be worth ten-times its current value in another decade or two.

This is a poor analogy, for three reasons.

The first reason is that we knew the Internet had fundamentally transformed commerce. We knew there were going to be winners in the long run, it was just a matter of picking who would win (Amazon) and who would lose (Pets.com). We have yet to prove Bitcoin will be similarly transformative.

The second reason is that businesses are real, they generate real income. While the stock price may include some irrational exuberance, it’s ultimately still based on the rational expectations of how much the business will earn. With Bitcoin, it’s almost entirely irrational exuberance — there are no long term returns.

The third flaw in the analogy is that there are an essentially infinite number of cryptocurrencies. We saw this today as Coinbase started trading Bitcoin Cash, a fork of Bitcoin. The two are nearly identical, so there’s little reason one should be so much valuable than another. It’s only a fickle fad that makes one more valuable than another, not business fundamentals. The successful future cryptocurrency is unlikely to exist today, but will be invented in the future.

The lessons of the dot-com bubble is not that Bitcoin will have long term value, but that cryptocurrency companies like Coinbase and BitPay will have long term value. Or, the lesson is that “old” companies like JPMorgan that are early adopters of the technology will grow faster than their competitors.

Conclusion

The point of Wu’s paper is to distinguish trust in traditional real-world institutions and trust in computer software code. This is an inaccurate reading of the situation.

Bitcoin is not about replacing real-world institutions but about untethering online transactions.

The trust in Bitcoin is in crypto — the power crypto gives individuals instead of third-parties.

The trust is not in the code. Bitcoin is a “cryptocurrency” not a “codecurrency”.

Warrant Protections against Police Searches of Our Data

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2017/11/warrant_protect.html

The cell phones we carry with us constantly are the most perfect surveillance device ever invented, and our laws haven’t caught up to that reality. That might change soon.

This week, the Supreme Court will hear a case with profound implications on your security and privacy in the coming years. The Fourth Amendment’s prohibition of unlawful search and seizure is a vital right that protects us all from police overreach, and the way the courts interpret it is increasingly nonsensical in our computerized and networked world. The Supreme Court can either update current law to reflect the world, or it can further solidify an unnecessary and dangerous police power.

The case centers on cell phone location data and whether the police need a warrant to get it, or if they can use a simple subpoena, which is easier to obtain. Current Fourth Amendment doctrine holds that you lose all privacy protections over any data you willingly share with a third party. Your cellular provider, under this interpretation, is a third party with whom you’ve willingly shared your movements, 24 hours a day, going back months — even though you don’t really have any choice about whether to share with them. So police can request records of where you’ve been from cell carriers without any judicial oversight. The case before the court, Carpenter v. United States, could change that.

Traditionally, information that was most precious to us was physically close to us. It was on our bodies, in our homes and offices, in our cars. Because of that, the courts gave that information extra protections. Information that we stored far away from us, or gave to other people, afforded fewer protections. Police searches have been governed by the “third-party doctrine,” which explicitly says that information we share with others is not considered private.

The Internet has turned that thinking upside-down. Our cell phones know who we talk to and, if we’re talking via text or e-mail, what we say. They track our location constantly, so they know where we live and work. Because they’re the first and last thing we check every day, they know when we go to sleep and when we wake up. Because everyone has one, they know whom we sleep with. And because of how those phones work, all that information is naturally shared with third parties.

More generally, all our data is literally stored on computers belonging to other people. It’s our e-mail, text messages, photos, Google docs, and more ­ all in the cloud. We store it there not because it’s unimportant, but precisely because it is important. And as the Internet of Things computerizes the rest our lives, even more data will be collected by other people: data from our health trackers and medical devices, data from our home sensors and appliances, data from Internet-connected “listeners” like Alexa, Siri, and your voice-activated television.

All this data will be collected and saved by third parties, sometimes for years. The result is a detailed dossier of your activities more complete than any private investigator –­ or police officer –­ could possibly collect by following you around.

The issue here is not whether the police should be allowed to use that data to help solve crimes. Of course they should. The issue is whether that information should be protected by the warrant process that requires the police to have probable cause to investigate you and get approval by a court.

Warrants are a security mechanism. They prevent the police from abusing their authority to investigate someone they have no reason to suspect of a crime. They prevent the police from going on “fishing expeditions.” They protect our rights and liberties, even as we willingly give up our privacy to the legitimate needs of law enforcement.

The third-party doctrine never made a lot of sense. Just because I share an intimate secret with my spouse, friend, or doctor doesn’t mean that I no longer consider it private. It makes even less sense in today’s hyper-connected world. It’s long past time the Supreme Court recognized that a months’-long history of my movements is private, and my e-mails and other personal data deserve the same protections, whether they’re on my laptop or on Google’s servers.

This essay previously appeared in the Washington Post.

Details on the case. Two opinion pieces.

I signed on to two amicus briefs on the case.

EDITED TO ADD (12/1): Good commentary on the Supreme Court oral arguments.

Under the Hood: Task Networking for Amazon ECS

Post Syndicated from Nathan Taber original https://aws.amazon.com/blogs/compute/under-the-hood-task-networking-for-amazon-ecs/

This post courtsey of ECS Sr. Software Dev Engineer Anirudh Aithal.

Today, AWS announced Task Networking for Amazon ECS, which enables elastic network interfaces to be attached to containers.

In this post, I take a closer look at how this new container-native “awsvpc” network mode is implemented using container networking interface plugins on ECS managed instances (referred to as container instances).

This post is a deep dive into how task networking works with Amazon ECS. If you want to learn more about how you can start using task networking for your containerized applications, see Introducing Cloud Native Networking for Amazon ECS Containers. Cloud Native Computing Foundation (CNCF) hosts the Container Networking Interface (CNI) project, which consists of a specification and libraries for writing plugins to configure network interfaces in Linux containers. For more about cloud native computing in AWS, see Adrian Cockcroft’s post on Cloud Native Computing.

Container instance setup

Before I discuss the details of enabling task networking on container instances, look at how a typical instance looks in ECS.

The diagram above shows a typical container instance. The ECS agent, which itself is running as a container, is responsible for:

  • Registering the EC2 instance with the ECS backend
  • Ensuring that task state changes communicated to it by the ECS backend are enacted on the container instance
  • Interacting with the Docker daemon to create, start, stop, and monitor
  • Relaying container state and task state transitions to the ECS backend

Because the ECS agent is just acting as the supervisor for containers under its management, it offloads the problem of setting up networking for containers to either the Docker daemon (for containers configured with one of Docker’s default networking modes) or a set of CNI plugins (for containers in task with networking mode set to awsvpc).

In either case, network stacks of containers are configured via network namespaces. As per the ip-netns(8) manual, “A network namespace is logically another copy of the network stack, with its own routes, firewall rules, and network devices.” The network namespace construct makes the partitioning of network stack between processes and containers running on a host possible.

Network namespaces and CNI plugins

CNI plugins are executable files that comply with the CNI specification and configure the network connectivity of containers. The CNI project defines a specification for the plugins and provides a library for interacting with plugins, thus providing a consistent, reliable, and simple interface with which to interact with the plugins.

You specify the container or its network namespace and invoke the plugin with the ADD command to add network interfaces to a container, and then the DEL command to tear them down. For example, the reference bridge plugin adds all containers on the same host into a bridge that resides in the host network namespace.

This plugin model fits in nicely with the ECS agent’s “minimal intrusion in the container lifecycle” model, as the agent doesn’t need to concern itself with the details of the network setup for containers. It’s also an extensible model, which allows the agent to switch to a different set of plugins if the need arises in future. Finally, the ECS agent doesn’t need to monitor the liveliness of these plugins as they are only invoked when required.

Invoking CNI plugins from the ECS agent

When ECS attaches an elastic network interface to the instance and sends the message to the agent to provision the elastic network interface for containers in a task, the elastic network interface (as with any network device) shows up in the global default network namespace of the host. The ECS agent invokes a chain of CNI plugins to ensure that the elastic network interface is configured appropriately in the container’s network namespace. You can review these plugins in the amazon-ecs-cni-plugins GitHub repo.

The first plugin invoked in this chain is the ecs-eni plugin, which ensures that the elastic network interface is attached to container’s network namespace and configured with the VPC-allocated IP addresses and the default route to use the subnet gateway. The container also needs to make HTTP requests to the credentials endpoint (hosted by the ECS agent) for getting IAM role credentials. This is handled by the ecs-bridge and ecs-ipam plugins, which are invoked next. The CNI library provides mechanisms to interpret the results from the execution of these plugins, which results in an efficient error handling in the agent. The following diagram illustrates the different steps in this process:

To avoid the race condition between configuring the network stack and commands being invoked in application containers, the ECS agent creates an additional “pause” container for each task before starting the containers in the task definition. It then sets up the network namespace of the pause container by executing the previously mentioned CNI plugins. It also starts the rest of the containers in the task so that they share their network stack of the pause container. This means that all containers in a task are addressable by the IP addresses of the elastic network interface, and they can communicate with each other over the localhost interface.

In this example setup, you have two containers in a task behind an elastic network interface. The following commands show that they have a similar view of the network stack and can talk to each other over the localhost interface.

List the last three containers running on the host (you launched a task with two containers and the ECS agent launched the additional container to configure the network namespace):

$ docker ps -n 3 --format "{{.ID}}\t{{.Names}}\t{{.Command}}\t{{.Status}}"
7d7b7fbc30b9	ecs-front-envoy-5-envoy-sds-ecs-ce8bd9eca6dd81a8d101	"/bin/sh -c '/usr/..."	Up 3 days
dfdcb2acfc91	ecs-front-envoy-5-front-envoy-faeae686adf9c1d91000	"/bin/sh -c '/usr/..."	Up 3 days
f731f6dbb81c	ecs-front-envoy-5-internalecspause-a8e6e19e909fa9c9e901	"./pause"	Up 3 days

List interfaces for these containers and make sure that they are the same:

$ for id in `docker ps -n 3 -q`; do pid=`docker inspect $id -f '{{.State.Pid}}'`; echo container $id; sudo nsenter -t $pid -n ip link show; done
container 7d7b7fbc30b9
1: lo: <LOOPBACK,UP,LOWER_UP> mtu 65536 qdisc noqueue state UNKNOWN mode DEFAULT group default qlen 1
    link/loopback 00:00:00:00:00:00 brd 00:00:00:00:00:00
3: [email protected]: <BROADCAST,MULTICAST,UP,LOWER_UP> mtu 1500 qdisc noqueue state UP mode DEFAULT group default
    link/ether 0a:58:a9:fe:ac:0c brd ff:ff:ff:ff:ff:ff link-netnsid 0
27: eth12: <BROADCAST,MULTICAST,UP,LOWER_UP> mtu 9001 qdisc mq state UP mode DEFAULT group default qlen 1000
    link/ether 02:5a:a1:1a:43:42 brd ff:ff:ff:ff:ff:ff

container dfdcb2acfc91
1: lo: <LOOPBACK,UP,LOWER_UP> mtu 65536 qdisc noqueue state UNKNOWN mode DEFAULT group default qlen 1
    link/loopback 00:00:00:00:00:00 brd 00:00:00:00:00:00
3: [email protected]: <BROADCAST,MULTICAST,UP,LOWER_UP> mtu 1500 qdisc noqueue state UP mode DEFAULT group default
    link/ether 0a:58:a9:fe:ac:0c brd ff:ff:ff:ff:ff:ff link-netnsid 0
27: eth12: <BROADCAST,MULTICAST,UP,LOWER_UP> mtu 9001 qdisc mq state UP mode DEFAULT group default qlen 1000
    link/ether 02:5a:a1:1a:43:42 brd ff:ff:ff:ff:ff:ff

container f731f6dbb81c
1: lo: <LOOPBACK,UP,LOWER_UP> mtu 65536 qdisc noqueue state UNKNOWN mode DEFAULT group default qlen 1
    link/loopback 00:00:00:00:00:00 brd 00:00:00:00:00:00
3: [email protected]: <BROADCAST,MULTICAST,UP,LOWER_UP> mtu 1500 qdisc noqueue state UP mode DEFAULT group default
    link/ether 0a:58:a9:fe:ac:0c brd ff:ff:ff:ff:ff:ff link-netnsid 0
27: eth12: <BROADCAST,MULTICAST,UP,LOWER_UP> mtu 9001 qdisc mq state UP mode DEFAULT group default qlen 1000
    link/ether 02:5a:a1:1a:43:42 brd ff:ff:ff:ff:ff:ff

Conclusion

All of this work means that you can use the new awsvpc networking mode and benefit from native networking support for your containers. You can learn more about using awsvpc mode in Introducing Cloud Native Networking for Amazon ECS Containers or the ECS documentation.

I appreciate your feedback in the comments section. You can also reach me on GitHub in either the ECS CNI Plugins or the ECS Agent repositories.

"Responsible encryption" fallacies

Post Syndicated from Robert Graham original http://blog.erratasec.com/2017/10/responsible-encryption-fallacies.html

Deputy Attorney General Rod Rosenstein gave a speech recently calling for “Responsible Encryption” (aka. “Crypto Backdoors”). It’s full of dangerous ideas that need to be debunked.

The importance of law enforcement

The first third of the speech talks about the importance of law enforcement, as if it’s the only thing standing between us and chaos. It cites the 2016 Mirai attacks as an example of the chaos that will only get worse without stricter law enforcement.

But the Mira case demonstrated the opposite, how law enforcement is not needed. They made no arrests in the case. A year later, they still haven’t a clue who did it.

Conversely, we technologists have fixed the major infrastructure issues. Specifically, those affected by the DNS outage have moved to multiple DNS providers, including a high-capacity DNS provider like Google and Amazon who can handle such large attacks easily.

In other words, we the people fixed the major Mirai problem, and law-enforcement didn’t.

Moreover, instead being a solution to cyber threats, law enforcement has become a threat itself. The DNC didn’t have the FBI investigate the attacks from Russia likely because they didn’t want the FBI reading all their files, finding wrongdoing by the DNC. It’s not that they did anything actually wrong, but it’s more like that famous quote from Richelieu “Give me six words written by the most honest of men and I’ll find something to hang him by”. Give all your internal emails over to the FBI and I’m certain they’ll find something to hang you by, if they want.
Or consider the case of Andrew Auernheimer. He found AT&T’s website made public user accounts of the first iPad, so he copied some down and posted them to a news site. AT&T had denied the problem, so making the problem public was the only way to force them to fix it. Such access to the website was legal, because AT&T had made the data public. However, prosecutors disagreed. In order to protect the powerful, they twisted and perverted the law to put Auernheimer in jail.

It’s not that law enforcement is bad, it’s that it’s not the unalloyed good Rosenstein imagines. When law enforcement becomes the thing Rosenstein describes, it means we live in a police state.

Where law enforcement can’t go

Rosenstein repeats the frequent claim in the encryption debate:

Our society has never had a system where evidence of criminal wrongdoing was totally impervious to detection

Of course our society has places “impervious to detection”, protected by both legal and natural barriers.

An example of a legal barrier is how spouses can’t be forced to testify against each other. This barrier is impervious.

A better example, though, is how so much of government, intelligence, the military, and law enforcement itself is impervious. If prosecutors could gather evidence everywhere, then why isn’t Rosenstein prosecuting those guilty of CIA torture?

Oh, you say, government is a special exception. If that were the case, then why did Rosenstein dedicate a precious third of his speech discussing the “rule of law” and how it applies to everyone, “protecting people from abuse by the government”. It obviously doesn’t, there’s one rule of government and a different rule for the people, and the rule for government means there’s lots of places law enforcement can’t go to gather evidence.

Likewise, the crypto backdoor Rosenstein is demanding for citizens doesn’t apply to the President, Congress, the NSA, the Army, or Rosenstein himself.

Then there are the natural barriers. The police can’t read your mind. They can only get the evidence that is there, like partial fingerprints, which are far less reliable than full fingerprints. They can’t go backwards in time.

I mention this because encryption is a natural barrier. It’s their job to overcome this barrier if they can, to crack crypto and so forth. It’s not our job to do it for them.

It’s like the camera that increasingly comes with TVs for video conferencing, or the microphone on Alexa-style devices that are always recording. This suddenly creates evidence that the police want our help in gathering, such as having the camera turned on all the time, recording to disk, in case the police later gets a warrant, to peer backward in time what happened in our living rooms. The “nothing is impervious” argument applies here as well. And it’s equally bogus here. By not helping police by not recording our activities, we aren’t somehow breaking some long standing tradit

And this is the scary part. It’s not that we are breaking some ancient tradition that there’s no place the police can’t go (with a warrant). Instead, crypto backdoors breaking the tradition that never before have I been forced to help them eavesdrop on me, even before I’m a suspect, even before any crime has been committed. Sure, laws like CALEA force the phone companies to help the police against wrongdoers — but here Rosenstein is insisting I help the police against myself.

Balance between privacy and public safety

Rosenstein repeats the frequent claim that encryption upsets the balance between privacy/safety:

Warrant-proof encryption defeats the constitutional balance by elevating privacy above public safety.

This is laughable, because technology has swung the balance alarmingly in favor of law enforcement. Far from “Going Dark” as his side claims, the problem we are confronted with is “Going Light”, where the police state monitors our every action.

You are surrounded by recording devices. If you walk down the street in town, outdoor surveillance cameras feed police facial recognition systems. If you drive, automated license plate readers can track your route. If you make a phone call or use a credit card, the police get a record of the transaction. If you stay in a hotel, they demand your ID, for law enforcement purposes.

And that’s their stuff, which is nothing compared to your stuff. You are never far from a recording device you own, such as your mobile phone, TV, Alexa/Siri/OkGoogle device, laptop. Modern cars from the last few years increasingly have always-on cell connections and data recorders that record your every action (and location).

Even if you hike out into the country, when you get back, the FBI can subpoena your GPS device to track down your hidden weapon’s cache, or grab the photos from your camera.

And this is all offline. So much of what we do is now online. Of the photographs you own, fewer than 1% are printed out, the rest are on your computer or backed up to the cloud.

Your phone is also a GPS recorder of your exact position all the time, which if the government wins the Carpenter case, they police can grab without a warrant. Tagging all citizens with a recording device of their position is not “balance” but the premise for a novel more dystopic than 1984.

If suspected of a crime, which would you rather the police searched? Your person, houses, papers, and physical effects? Or your mobile phone, computer, email, and online/cloud accounts?

The balance of privacy and safety has swung so far in favor of law enforcement that rather than debating whether they should have crypto backdoors, we should be debating how to add more privacy protections.

“But it’s not conclusive”

Rosenstein defends the “going light” (“Golden Age of Surveillance”) by pointing out it’s not always enough for conviction. Nothing gives a conviction better than a person’s own words admitting to the crime that were captured by surveillance. This other data, while copious, often fails to convince a jury beyond a reasonable doubt.
This is nonsense. Police got along well enough before the digital age, before such widespread messaging. They solved terrorist and child abduction cases just fine in the 1980s. Sure, somebody’s GPS location isn’t by itself enough — until you go there and find all the buried bodies, which leads to a conviction. “Going dark” imagines that somehow, the evidence they’ve been gathering for centuries is going away. It isn’t. It’s still here, and matches up with even more digital evidence.
Conversely, a person’s own words are not as conclusive as you think. There’s always missing context. We quickly get back to the Richelieu “six words” problem, where captured communications are twisted to convict people, with defense lawyers trying to untwist them.

Rosenstein’s claim may be true, that a lot of criminals will go free because the other electronic data isn’t convincing enough. But I’d need to see that claim backed up with hard studies, not thrown out for emotional impact.

Terrorists and child molesters

You can always tell the lack of seriousness of law enforcement when they bring up terrorists and child molesters.
To be fair, sometimes we do need to talk about terrorists. There are things unique to terrorism where me may need to give government explicit powers to address those unique concerns. For example, the NSA buys mobile phone 0day exploits in order to hack terrorist leaders in tribal areas. This is a good thing.
But when terrorists use encryption the same way everyone else does, then it’s not a unique reason to sacrifice our freedoms to give the police extra powers. Either it’s a good idea for all crimes or no crimes — there’s nothing particular about terrorism that makes it an exceptional crime. Dead people are dead. Any rational view of the problem relegates terrorism to be a minor problem. More citizens have died since September 8, 2001 from their own furniture than from terrorism. According to studies, the hot water from the tap is more of a threat to you than terrorists.
Yes, government should do what they can to protect us from terrorists, but no, it’s not so bad of a threat that requires the imposition of a military/police state. When people use terrorism to justify their actions, it’s because they trying to form a military/police state.
A similar argument works with child porn. Here’s the thing: the pervs aren’t exchanging child porn using the services Rosenstein wants to backdoor, like Apple’s Facetime or Facebook’s WhatsApp. Instead, they are exchanging child porn using custom services they build themselves.
Again, I’m (mostly) on the side of the FBI. I support their idea of buying 0day exploits in order to hack the web browsers of visitors to the secret “PlayPen” site. This is something that’s narrow to this problem and doesn’t endanger the innocent. On the other hand, their calls for crypto backdoors endangers the innocent while doing effectively nothing to address child porn.
Terrorists and child molesters are a clichéd, non-serious excuse to appeal to our emotions to give up our rights. We should not give in to such emotions.

Definition of “backdoor”

Rosenstein claims that we shouldn’t call backdoors “backdoors”:

No one calls any of those functions [like key recovery] a “back door.”  In fact, those capabilities are marketed and sought out by many users.

He’s partly right in that we rarely refer to PGP’s key escrow feature as a “backdoor”.

But that’s because the term “backdoor” refers less to how it’s done and more to who is doing it. If I set up a recovery password with Apple, I’m the one doing it to myself, so we don’t call it a backdoor. If it’s the police, spies, hackers, or criminals, then we call it a “backdoor” — even it’s identical technology.

Wikipedia uses the key escrow feature of the 1990s Clipper Chip as a prime example of what everyone means by “backdoor“. By “no one”, Rosenstein is including Wikipedia, which is obviously incorrect.

Though in truth, it’s not going to be the same technology. The needs of law enforcement are different than my personal key escrow/backup needs. In particular, there are unsolvable problems, such as a backdoor that works for the “legitimate” law enforcement in the United States but not for the “illegitimate” police states like Russia and China.

I feel for Rosenstein, because the term “backdoor” does have a pejorative connotation, which can be considered unfair. But that’s like saying the word “murder” is a pejorative term for killing people, or “torture” is a pejorative term for torture. The bad connotation exists because we don’t like government surveillance. I mean, honestly calling this feature “government surveillance feature” is likewise pejorative, and likewise exactly what it is that we are talking about.

Providers

Rosenstein focuses his arguments on “providers”, like Snapchat or Apple. But this isn’t the question.

The question is whether a “provider” like Telegram, a Russian company beyond US law, provides this feature. Or, by extension, whether individuals should be free to install whatever software they want, regardless of provider.

Telegram is a Russian company that provides end-to-end encryption. Anybody can download their software in order to communicate so that American law enforcement can’t eavesdrop. They aren’t going to put in a backdoor for the U.S. If we succeed in putting backdoors in Apple and WhatsApp, all this means is that criminals are going to install Telegram.

If the, for some reason, the US is able to convince all such providers (including Telegram) to install a backdoor, then it still doesn’t solve the problem, as uses can just build their own end-to-end encryption app that has no provider. It’s like email: some use the major providers like GMail, others setup their own email server.

Ultimately, this means that any law mandating “crypto backdoors” is going to target users not providers. Rosenstein tries to make a comparison with what plain-old telephone companies have to do under old laws like CALEA, but that’s not what’s happening here. Instead, for such rules to have any effect, they have to punish users for what they install, not providers.

This continues the argument I made above. Government backdoors is not something that forces Internet services to eavesdrop on us — it forces us to help the government spy on ourselves.
Rosenstein tries to address this by pointing out that it’s still a win if major providers like Apple and Facetime are forced to add backdoors, because they are the most popular, and some terrorists/criminals won’t move to alternate platforms. This is false. People with good intentions, who are unfairly targeted by a police state, the ones where police abuse is rampant, are the ones who use the backdoored products. Those with bad intentions, who know they are guilty, will move to the safe products. Indeed, Telegram is already popular among terrorists because they believe American services are already all backdoored. 
Rosenstein is essentially demanding the innocent get backdoored while the guilty don’t. This seems backwards. This is backwards.

Apple is morally weak

The reason I’m writing this post is because Rosenstein makes a few claims that cannot be ignored. One of them is how he describes Apple’s response to government insistence on weakening encryption doing the opposite, strengthening encryption. He reasons this happens because:

Of course they [Apple] do. They are in the business of selling products and making money. 

We [the DoJ] use a different measure of success. We are in the business of preventing crime and saving lives. 

He swells in importance. His condescending tone ennobles himself while debasing others. But this isn’t how things work. He’s not some white knight above the peasantry, protecting us. He’s a beat cop, a civil servant, who serves us.

A better phrasing would have been:

They are in the business of giving customers what they want.

We are in the business of giving voters what they want.

Both sides are doing the same, giving people what they want. Yes, voters want safety, but they also want privacy. Rosenstein imagines that he’s free to ignore our demands for privacy as long has he’s fulfilling his duty to protect us. He has explicitly rejected what people want, “we use a different measure of success”. He imagines it’s his job to tell us where the balance between privacy and safety lies. That’s not his job, that’s our job. We, the people (and our representatives), make that decision, and it’s his job is to do what he’s told. His measure of success is how well he fulfills our wishes, not how well he satisfies his imagined criteria.

That’s why those of us on this side of the debate doubt the good intentions of those like Rosenstein. He criticizes Apple for wanting to protect our rights/freedoms, and declare they measure success differently.

They are willing to be vile

Rosenstein makes this argument:

Companies are willing to make accommodations when required by the government. Recent media reports suggest that a major American technology company developed a tool to suppress online posts in certain geographic areas in order to embrace a foreign government’s censorship policies. 

Let me translate this for you:

Companies are willing to acquiesce to vile requests made by police-states. Therefore, they should acquiesce to our vile police-state requests.

It’s Rosenstein who is admitting here is that his requests are those of a police-state.

Constitutional Rights

Rosenstein says:

There is no constitutional right to sell warrant-proof encryption.

Maybe. It’s something the courts will have to decide. There are many 1st, 2nd, 3rd, 4th, and 5th Amendment issues here.
The reason we have the Bill of Rights is because of the abuses of the British Government. For example, they quartered troops in our homes, as a way of punishing us, and as a way of forcing us to help in our own oppression. The troops weren’t there to defend us against the French, but to defend us against ourselves, to shoot us if we got out of line.

And that’s what crypto backdoors do. We are forced to be agents of our own oppression. The principles enumerated by Rosenstein apply to a wide range of even additional surveillance. With little change to his speech, it can equally argue why the constant TV video surveillance from 1984 should be made law.

Let’s go back and look at Apple. It is not some base company exploiting consumers for profit. Apple doesn’t have guns, they cannot make people buy their product. If Apple doesn’t provide customers what they want, then customers vote with their feet, and go buy an Android phone. Apple isn’t providing encryption/security in order to make a profit — it’s giving customers what they want in order to stay in business.
Conversely, if we citizens don’t like what the government does, tough luck, they’ve got the guns to enforce their edicts. We can’t easily vote with our feet and walk to another country. A “democracy” is far less democratic than capitalism. Apple is a minority, selling phones to 45% of the population, and that’s fine, the minority get the phones they want. In a Democracy, where citizens vote on the issue, those 45% are screwed, as the 55% impose their will unwanted onto the remainder.

That’s why we have the Bill of Rights, to protect the 49% against abuse by the 51%. Regardless whether the Supreme Court agrees the current Constitution, it is the sort right that might exist regardless of what the Constitution says. 

Obliged to speak the truth

Here is the another part of his speech that I feel cannot be ignored. We have to discuss this:

Those of us who swear to protect the rule of law have a different motivation.  We are obliged to speak the truth.

The truth is that “going dark” threatens to disable law enforcement and enable criminals and terrorists to operate with impunity.

This is not true. Sure, he’s obliged to say the absolute truth, in court. He’s also obliged to be truthful in general about facts in his personal life, such as not lying on his tax return (the sort of thing that can get lawyers disbarred).

But he’s not obliged to tell his spouse his honest opinion whether that new outfit makes them look fat. Likewise, Rosenstein knows his opinion on public policy doesn’t fall into this category. He can say with impunity that either global warming doesn’t exist, or that it’ll cause a biblical deluge within 5 years. Both are factually untrue, but it’s not going to get him fired.

And this particular claim is also exaggerated bunk. While everyone agrees encryption makes law enforcement’s job harder than with backdoors, nobody honestly believes it can “disable” law enforcement. While everyone agrees that encryption helps terrorists, nobody believes it can enable them to act with “impunity”.

I feel bad here. It’s a terrible thing to question your opponent’s character this way. But Rosenstein made this unavoidable when he clearly, with no ambiguity, put his integrity as Deputy Attorney General on the line behind the statement that “going dark threatens to disable law enforcement and enable criminals and terrorists to operate with impunity”. I feel it’s a bald face lie, but you don’t need to take my word for it. Read his own words yourself and judge his integrity.

Conclusion

Rosenstein’s speech includes repeated references to ideas like “oath”, “honor”, and “duty”. It reminds me of Col. Jessup’s speech in the movie “A Few Good Men”.

If you’ll recall, it was rousing speech, “you want me on that wall” and “you use words like honor as a punchline”. Of course, since he was violating his oath and sending two privates to death row in order to avoid being held accountable, it was Jessup himself who was crapping on the concepts of “honor”, “oath”, and “duty”.

And so is Rosenstein. He imagines himself on that wall, doing albeit terrible things, justified by his duty to protect citizens. He imagines that it’s he who is honorable, while the rest of us not, even has he utters bald faced lies to further his own power and authority.

We activists oppose crypto backdoors not because we lack honor, or because we are criminals, or because we support terrorists and child molesters. It’s because we value privacy and government officials who get corrupted by power. It’s not that we fear Trump becoming a dictator, it’s that we fear bureaucrats at Rosenstein’s level becoming drunk on authority — which Rosenstein demonstrably has. His speech is a long train of corrupt ideas pursuing the same object of despotism — a despotism we oppose.

In other words, we oppose crypto backdoors because it’s not a tool of law enforcement, but a tool of despotism.