Tag Archives: fbi

Russians Hack FBI Comms System

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2019/09/russians_hack_f.html

Yahoo News reported that the Russians have successfully targeted an FBI communications system:

American officials discovered that the Russians had dramatically improved their ability to decrypt certain types of secure communications and had successfully tracked devices used by elite FBI surveillance teams. Officials also feared that the Russians may have devised other ways to monitor U.S. intelligence communications, including hacking into computers not connected to the internet. Senior FBI and CIA officials briefed congressional leaders on these issues as part of a wide-ranging examination on Capitol Hill of U.S. counterintelligence vulnerabilities.

These compromises, the full gravity of which became clear to U.S. officials in 2012, gave Russian spies in American cities including Washington, New York and San Francisco key insights into the location of undercover FBI surveillance teams, and likely the actual substance of FBI communications, according to former officials. They provided the Russians opportunities to potentially shake off FBI surveillance and communicate with sensitive human sources, check on remote recording devices and even gather intelligence on their FBI pursuers, the former officials said.

It’s unclear whether the Russians were able to recover encrypted data or just perform traffic analysis. The Yahoo story implies the former; the NBC News story says otherwise. It’s hard to tell if the reporters truly understand the difference. We do know, from research Matt Blaze and others did almost ten years ago, that at least one FBI radio system was horribly insecure in practice — but not in a way that breaks the encryption. Its poor design just encourages users to turn off the encryption.

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.

FBI Takes Down a Massive Advertising Fraud Ring

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2018/11/fbi_takes_down_.html

The FBI announced that it dismantled a large Internet advertising fraud network, and arrested eight people:

A 13-count indictment was unsealed today in federal court in Brooklyn charging Aleksandr Zhukov, Boris Timokhin, Mikhail Andreev, Denis Avdeev, Dmitry Novikov, Sergey Ovsyannikov, Aleksandr Isaev and Yevgeniy Timchenko with criminal violations for their involvement in perpetrating widespread digital advertising fraud. The charges include wire fraud, computer intrusion, aggravated identity theft and money laundering. Ovsyannikov was arrested last month in Malaysia; Zhukov was arrested earlier this month in Bulgaria; and Timchenko was arrested earlier this month in Estonia, all pursuant to provisional arrest warrants issued at the request of the United States. They await extradition. The remaining defendants are at large.

It looks like an impressive piece of police work.

Details of the forensics that led to the arrests.

New Report on Police Digital Forensics Techniques

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

According to a new CSIS report, “going dark” is not the most pressing problem facing law enforcement in the age of digital data:

Over the past year, we conducted a series of interviews with federal, state, and local law enforcement officials, attorneys, service providers, and civil society groups. We also commissioned a survey of law enforcement officers from across the country to better understand the full range of difficulties they are facing in accessing and using digital evidence in their cases. Survey results indicate that accessing data from service providers — much of which is not encrypted — is the biggest problem that law enforcement currently faces in leveraging digital evidence.

This is a problem that has not received adequate attention or resources to date. An array of federal and state training centers, crime labs, and other efforts have arisen to help fill the gaps, but they are able to fill only a fraction of the need. And there is no central entity responsible for monitoring these efforts, taking stock of the demand, and providing the assistance needed. The key federal entity with an explicit mission to assist state and local law enforcement with their digital evidence needs­ — the National Domestic Communications Assistance Center (NDCAC)­has a budget of $11.4 million, spread among several different programs designed to distribute knowledge about service providers’ poli­cies and products, develop and share technical tools, and train law enforcement on new services and tech­nologies, among other initiatives.

From a news article:

In addition to bemoaning the lack of guidance and help from tech companies — a quarter of survey respondents said their top issue was convincing companies to hand over suspects’ data — law enforcement officials also reported receiving barely any digital evidence training. Local police said they’d received only 10 hours of training in the past 12 months; state police received 13 and federal officials received 16. A plurality of respondents said they only received annual training. Only 16 percent said their organizations scheduled training sessions at least twice per year.

This is a point that Susan Landau has repeatedly made, and also one I make in my new book. The FBI needs technical expertise, not backdoors.

Here’s the report.

Router Vulnerability and the VPNFilter Botnet

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2018/06/router_vulnerab.html

On May 25, the FBI asked us all to reboot our routers. The story behind this request is one of sophisticated malware and unsophisticated home-network security, and it’s a harbinger of the sorts of pervasive threats ­ from nation-states, criminals and hackers ­ that we should expect in coming years.

VPNFilter is a sophisticated piece of malware that infects mostly older home and small-office routers made by Linksys, MikroTik, Netgear, QNAP and TP-Link. (For a list of specific models, click here.) It’s an impressive piece of work. It can eavesdrop on traffic passing through the router ­ specifically, log-in credentials and SCADA traffic, which is a networking protocol that controls power plants, chemical plants and industrial systems ­ attack other targets on the Internet and destructively “kill” its infected device. It is one of a very few pieces of malware that can survive a reboot, even though that’s what the FBI has requested. It has a number of other capabilities, and it can be remotely updated to provide still others. More than 500,000 routers in at least 54 countries have been infected since 2016.

Because of the malware’s sophistication, VPNFilter is believed to be the work of a government. The FBI suggested the Russian government was involved for two circumstantial reasons. One, a piece of the code is identical to one found in another piece of malware, called BlackEnergy, that was used in the December 2015 attack against Ukraine’s power grid. Russia is believed to be behind that attack. And two, the majority of those 500,000 infections are in Ukraine and controlled by a separate command-and-control server. There might also be classified evidence, as an FBI affidavit in this matter identifies the group behind VPNFilter as Sofacy, also known as APT28 and Fancy Bear. That’s the group behind a long list of attacks, including the 2016 hack of the Democratic National Committee.

Two companies, Cisco and Symantec, seem to have been working with the FBI during the past two years to track this malware as it infected ever more routers. The infection mechanism isn’t known, but we believe it targets known vulnerabilities in these older routers. Pretty much no one patches their routers, so the vulnerabilities have remained, even if they were fixed in new models from the same manufacturers.

On May 30, the FBI seized control of toknowall.com, a critical VPNFilter command-and-control server. This is called “sinkholing,” and serves to disrupt a critical part of this system. When infected routers contact toknowall.com, they will no longer be contacting a server owned by the malware’s creators; instead, they’ll be contacting a server owned by the FBI. This doesn’t entirely neutralize the malware, though. It will stay on the infected routers through reboot, and the underlying vulnerabilities remain, making the routers susceptible to reinfection with a variant controlled by a different server.

If you want to make sure your router is no longer infected, you need to do more than reboot it, the FBI’s warning notwithstanding. You need to reset the router to its factory settings. That means you need to reconfigure it for your network, which can be a pain if you’re not sophisticated in these matters. If you want to make sure your router cannot be reinfected, you need to update the firmware with any security patches from the manufacturer. This is harder to do and may strain your technical capabilities, though it’s ridiculous that routers don’t automatically download and install firmware updates on their own. Some of these models probably do not even have security patches available. Honestly, the best thing to do if you have one of the vulnerable models is to throw it away and get a new one. (Your ISP will probably send you a new one free if you claim that it’s not working properly. And you should have a new one, because if your current one is on the list, it’s at least 10 years old.)

So if it won’t clear out the malware, why is the FBI asking us to reboot our routers? It’s mostly just to get a sense of how bad the problem is. The FBI now controls toknowall.com. When an infected router gets rebooted, it connects to that server to get fully reinfected, and when it does, the FBI will know. Rebooting will give it a better idea of how many devices out there are infected.

Should you do it? It can’t hurt.

Internet of Things malware isn’t new. The 2016 Mirai botnet, for example, created by a lone hacker and not a government, targeted vulnerabilities in Internet-connected digital video recorders and webcams. Other malware has targeted Internet-connected thermostats. Lots of malware targets home routers. These devices are particularly vulnerable because they are often designed by ad hoc teams without a lot of security expertise, stay around in networks far longer than our computers and phones, and have no easy way to patch them.

It wouldn’t be surprising if the Russians targeted routers to build a network of infected computers for follow-on cyber operations. I’m sure many governments are doing the same. As long as we allow these insecure devices on the Internet ­ and short of security regulations, there’s no way to stop them ­ we’re going to be vulnerable to this kind of malware.

And next time, the command-and-control server won’t be so easy to disrupt.

This essay previously appeared in the Washington Post

EDITED TO ADD: The malware is more capable than we previously thought.

The FBI tells everybody to reboot their router

Post Syndicated from corbet original https://lwn.net/Articles/755741/rss

This CERT
advisory
warns of over 500,000 home routers that have been compromised
by the VPNFilter malware and is advising everybody to reboot their routers
to (partially) remove it. This Talos
Intelligence page
has a lot more information about VPNFilter, though a
lot apparently remains unknown. “At the time of this publication, we
do not have definitive proof on how the threat actor is exploiting the
affected devices. However, all of the affected makes/models that we have
uncovered had well-known, public vulnerabilities. Since advanced threat
actors tend to only use the minimum resources necessary to accomplish their
goals, we assess with high confidence that VPNFilter required no zero-day
exploitation techniques.

Police Arrest Suspected Member of TheDarkOverlord Hacking Group

Post Syndicated from Andy original https://torrentfreak.com/police-arrest-suspected-member-of-the-dark-overlord-hacking-group-180517/

In April 2017, the first episode of the brand new season of Netflix’s Orange is the New Black was uploaded to The Pirate Bay, months ahead of its official release date.

The leak was the work of a hacking entity calling itself TheDarkOverlord (TDO). One of its members had contacted TorrentFreak months earlier claiming that the content was in its hands but until the public upload, nothing could be confirmed.

TDO told us it had obtained the episodes after hacking the systems of Hollywood-based Larson Studios, an ADR (additional dialogue recorded) studio, back in 2016. TDO had attempted to blackmail the company into paying a bitcoin ransom but when it wasn’t forthcoming, TDO pressed the nuclear button.

Netflix responded by issuing a wave of takedown notices but soon TDO moved onto a new target. In June 2017, TDO followed up on an earlier threat to leak content owned by ABC.

But while TDO was perhaps best known for its video-leaking exploits, the group’s core ‘business’ was hacking what many perceived to be softer targets. TDO ruthlessly slurped confidential data from weakly protected computer systems at medical facilities, private practices, and businesses large and small.

In each case, the group demanded ransoms in exchange for silence and leaked sensitive data to the public if none were paid. With dozens of known targets, TDO found itself at the center of an international investigation, led by the FBI. That now appears to have borne some fruit, with the arrest of an individual in Serbia.

Serbian police say that members of its Ministry of Internal Affairs, Criminal Police Directorate (UCC), in coordination with the Special Prosecution for High-Tech Crime, have taken action against a suspected member of TheDarkOverlord group.

Police say they tracked down a Belgrade resident, who was arrested and taken into custody. Identified only by the initials “S.S”, police say the individual was born in 1980 but have released no further personal details. A search of his apartment and other locations led to the seizure of items of digital equipment.

“According to the order of the Special Prosecutor’s Office for High-Tech Crime, criminal charges will be brought against him because of the suspicion that he committed the criminal offense of unauthorized access to a protected computer, computer networks and electronic processing, and the criminal offense of extortion,” a police statement reads.

In earlier correspondence with TF, the TDO member always gave the impression of working as part of a team but we only had a single contact point which appeared to be the same person. However, Serbian authorities say the larger investigation is aimed at uncovering “a large number of people” who operate under the banner of “TheDarkOverlord”.

Since June 2016, the group is said to have targeted at least 50 victims while demanding bitcoin ransoms to avoid disclosure of their content. Serbian authorities say that on the basis of available data, TDO received payments of more than $275,000.

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

Roku Displays FBI Anti-Piracy Warning to Legitimate YouTube & Netflix Users

Post Syndicated from Andy original https://torrentfreak.com/roku-displays-fbi-anti-piracy-warning-to-legitimate-youtube-netflix-users-180516/

In 2018, dealing with copyright infringement claims is a daily issue for many content platforms. The law in many regions demands swift attention and in order to appease copyright holders, most platforms are happy to oblige.

While it’s not unusual for ‘pirate’ content and services to suddenly disappear in response to a DMCA or similar notice, the same is rarely true for entire legitimate services.

But that’s what appeared to happen on the Roku platform during the night, when YouTube, Netflix and other channels disappeared only to be replaced with an ominous anti-piracy warning.

As the embedded tweet shows, the message caused confusion among Roku users who were only using their devices to access legal content. Messages replacing Netflix and YouTube seemed to have caused the greatest number of complaints but many other services were affected.

FoxSportsGo, FandangoNow, and India-focused YuppTV and Hotstar were also blacked out. As were the yoga and transformational videos specialists over at Gaia, the horror buffs at ChillerFlix, and UK TV service BritBox.

But while users scratched their heads, with some misguidedly blaming Roku for not being diligent enough against piracy, Roku took to Twitter to reveal that rather than anti-piracy complaints against the channels in question, a technical hitch was to blame.

However, a subsequent statement to CNET suggested that while blacking out Netflix and YouTube might have been accidental, Roku appears to have been taking anti-piracy action against another channel or channels at the time, with the measures inadvertently spilling over to innocent parties.

“We use that warning when we detect content that has violated copyright,” Roku said in a statement.

“Some channels in our Channel Store displayed that message and became inaccessible after Roku implemented a targeted anti-piracy measure on the platform.”

The precise nature of the action taken by Roku is unknown but it’s clear that copyright infringement is currently a hot topic for the platform.

Roku is currently fighting legal action in Mexico which ordered its products off the shelves following complaints that its platform is used by pirates. That led to an FBI warning being shown for what was believed to be the first time against the XTV and other channels last year.

This March, Roku took action against the popular USTVNow channel following what was described as a “third party” copyright infringement complaint. Just a couple of weeks later, Roku followed up by removing the controversial cCloud channel.

With Roku currently fighting to have sales reinstated in Mexico against a backdrop of claims that up to 40% of its users are pirates, it’s unlikely that Roku is suddenly going to go soft on piracy, so more channel outages can be expected in the future.

In the meantime, the scary FBI warnings of last evening are beginning to fade away (for legitimate channels at least) after the company issued advice on how to fix the problem.

“The recent outage which affected some channels has been resolved. Go to Settings > System > System update > Check now for a software update. Some channels may require you to log in again. Thank you for your patience,” the company wrote in an update.

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

No, Ray Ozzie hasn’t solved crypto backdoors

Post Syndicated from Robert Graham original https://blog.erratasec.com/2018/04/no-ray-ozzie-hasnt-solved-crypto.html

According to this Wired article, Ray Ozzie may have a solution to the crypto backdoor problem. No, he hasn’t. He’s only solving the part we already know how to solve. He’s deliberately ignoring the stuff we don’t know how to solve. We know how to make backdoors, we just don’t know how to secure them.

The vault doesn’t scale

Yes, Apple has a vault where they’ve successfully protected important keys. No, it doesn’t mean this vault scales. The more people and the more often you have to touch the vault, the less secure it becomes. We are talking thousands of requests per day from 100,000 different law enforcement agencies around the world. We are unlikely to protect this against incompetence and mistakes. We are definitely unable to secure this against deliberate attack.

A good analogy to Ozzie’s solution is LetsEncrypt for getting SSL certificates for your website, which is fairly scalable, using a private key locked in a vault for signing hundreds of thousands of certificates. That this scales seems to validate Ozzie’s proposal.

But at the same time, LetsEncrypt is easily subverted. LetsEncrypt uses DNS to verify your identity. But spoofing DNS is easy, as was recently shown in the recent BGP attack against a cryptocurrency. Attackers can create fraudulent SSL certificates with enough effort. We’ve got other protections against this, such as discovering and revoking the SSL bad certificate, so while damaging, it’s not catastrophic.

But with Ozzie’s scheme, equivalent attacks would be catastrophic, as it would lead to unlocking the phone and stealing all of somebody’s secrets.

In particular, consider what would happen if LetsEncrypt’s certificate was stolen (as Matthew Green points out). The consequence is that this would be detected and mass revocations would occur. If Ozzie’s master key were stolen, nothing would happen. Nobody would know, and evildoers would be able to freely decrypt phones. Ozzie claims his scheme can work because SSL works — but then his scheme includes none of the many protections necessary to make SSL work.

What I’m trying to show here is that in a lab, it all looks nice and pretty, but when attacked at scale, things break down — quickly. We have so much experience with failure at scale that we can judge Ozzie’s scheme as woefully incomplete. It’s not even up to the standard of SSL, and we have a long list of SSL problems.

Cryptography is about people more than math

We have a mathematically pure encryption algorithm called the “One Time Pad”. It can’t ever be broken, provably so with mathematics.

It’s also perfectly useless, as it’s not something humans can use. That’s why we use AES, which is vastly less secure (anything you encrypt today can probably be decrypted in 100 years). AES can be used by humans whereas One Time Pads cannot be. (I learned the fallacy of One Time Pad’s on my grandfather’s knee — he was a WW II codebreaker who broke German messages trying to futz with One Time Pads).

The same is true with Ozzie’s scheme. It focuses on the mathematical model but ignores the human element. We already know how to solve the mathematical problem in a hundred different ways. The part we don’t know how to secure is the human element.

How do we know the law enforcement person is who they say they are? How do we know the “trusted Apple employee” can’t be bribed? How can the law enforcement agent communicate securely with the Apple employee?

You think these things are theoretical, but they aren’t. Consider financial transactions. It used to be common that you could just email your bank/broker to wire funds into an account for such things as buying a house. Hackers have subverted that, intercepting messages, changing account numbers, and stealing millions. Most banks/brokers require additional verification before doing such transfers.

Let me repeat: Ozzie has only solved the part we already know how to solve. He hasn’t addressed these issues that confound us.

We still can’t secure security, much less secure backdoors

We already know how to decrypt iPhones: just wait a year or two for somebody to discover a vulnerability. FBI claims it’s “going dark”, but that’s only for timely decryption of phones. If they are willing to wait a year or two a vulnerability will eventually be found that allows decryption.

That’s what’s happened with the “GrayKey” device that’s been all over the news lately. Apple is fixing it so that it won’t work on new phones, but it works on old phones.

Ozzie’s solution is based on the assumption that iPhones are already secure against things like GrayKey. Like his assumption “if Apple already has a vault for private keys, then we have such vaults for backdoor keys”, Ozzie is saying “if Apple already had secure hardware/software to secure the phone, then we can use the same stuff to secure the backdoors”. But we don’t really have secure vaults and we don’t really have secure hardware/software to secure the phone.

Again, to stress this point, Ozzie is solving the part we already know how to solve, but ignoring the stuff we don’t know how to solve. His solution is insecure for the same reason phones are already insecure.

Locked phones aren’t the problem

Phones are general purpose computers. That means anybody can install an encryption app on the phone regardless of whatever other security the phone might provide. The police are powerless to stop this. Even if they make such encryption crime, then criminals will still use encryption.

That leads to a strange situation that the only data the FBI will be able to decrypt is that of people who believe they are innocent. Those who know they are guilty will install encryption apps like Signal that have no backdoors.

In the past this was rare, as people found learning new apps a barrier. These days, apps like Signal are so easy even drug dealers can figure out how to use them.

We know how to get Apple to give us a backdoor, just pass a law forcing them to. It may look like Ozzie’s scheme, it may be something more secure designed by Apple’s engineers. Sure, it will weaken security on the phone for everyone, but those who truly care will just install Signal. But again we are back to the problem that Ozzie’s solving the problem we know how to solve while ignoring the much larger problem, that of preventing people from installing their own encryption.

The FBI isn’t necessarily the problem

Ozzie phrases his solution in terms of U.S. law enforcement. Well, what about Europe? What about Russia? What about China? What about North Korea?

Technology is borderless. A solution in the United States that allows “legitimate” law enforcement requests will inevitably be used by repressive states for what we believe would be “illegitimate” law enforcement requests.

Ozzie sees himself as the hero helping law enforcement protect 300 million American citizens. He doesn’t see himself what he really is, the villain helping oppress 1.4 billion Chinese, 144 million Russians, and another couple billion living in oppressive governments around the world.

Conclusion

Ozzie pretends the problem is political, that he’s created a solution that appeases both sides. He hasn’t. He’s solved the problem we already know how to solve. He’s ignored all the problems we struggle with, the problems we claim make secure backdoors essentially impossible. I’ve listed some in this post, but there are many more. Any famous person can create a solution that convinces fawning editors at Wired Magazine, but if Ozzie wants to move forward he’s going to have to work harder to appease doubting cryptographers.

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.

Yet Another FBI Proposal for Insecure Communications

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

Deputy Attorney General Rosenstein has given talks where he proposes that tech companies decrease their communications and device security for the benefit of the FBI. In a recent talk, his idea is that tech companies just save a copy of the plaintext:

Law enforcement can also partner with private industry to address a problem we call “Going Dark.” Technology increasingly frustrates traditional law enforcement efforts to collect evidence needed to protect public safety and solve crime. For example, many instant-messaging services now encrypt messages by default. The prevent the police from reading those messages, even if an impartial judge approves their interception.

The problem is especially critical because electronic evidence is necessary for both the investigation of a cyber incident and the prosecution of the perpetrator. If we cannot access data even with lawful process, we are unable to do our job. Our ability to secure systems and prosecute criminals depends on our ability to gather evidence.

I encourage you to carefully consider your company’s interests and how you can work cooperatively with us. Although encryption can help secure your data, it may also prevent law enforcement agencies from protecting your data.

Encryption serves a valuable purpose. It is a foundational element of data security and essential to safeguarding data against cyber-attacks. It is critical to the growth and flourishing of the digital economy, and we support it. I support strong and responsible encryption.

I simply maintain that companies should retain the capability to provide the government unencrypted copies of communications and data stored on devices, when a court orders them to do so.

Responsible encryption is effective secure encryption, coupled with access capabilities. We know encryption can include safeguards. For example, there are systems that include central management of security keys and operating system updates; scanning of content, like your e-mails, for advertising purposes; simulcast of messages to multiple destinations at once; and key recovery when a user forgets the password to decrypt a laptop. No one calls any of those functions a “backdoor.” In fact, those very capabilities are marketed and sought out.

I do not believe that the government should mandate a specific means of ensuring access. The government does not need to micromanage the engineering.

The question is whether to require a particular goal: When a court issues a search warrant or wiretap order to collect evidence of crime, the company should be able to help. The government does not need to hold the key.

Rosenstein is right that many services like Gmail naturally keep plaintext in the cloud. This is something we pointed out in our 2016 paper: “Don’t Panic.” But forcing companies to build an alternate means to access the plaintext that the user can’t control is an enormous vulnerability.

Susan Landau’s New Book: Listening In

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

Susan Landau has written a terrific book on cybersecurity threats and why we need strong crypto. Listening In: Cybersecurity in an Insecure Age. It’s based in part on her 2016 Congressional testimony in the Apple/FBI case; it examines how the Digital Revolution has transformed society, and how law enforcement needs to — and can — adjust to the new realities. The book is accessible to techies and non-techies alike, and is strongly recommended.

And if you’ve already read it, give it a review on Amazon. Reviews sell books, and this one needs more of them.

How to read newspapers

Post Syndicated from Robert Graham original http://blog.erratasec.com/2017/11/how-to-read-newspapers.html

News articles don’t contain the information you think. Instead, they are written according to a formula, and that formula is as much about distorting/hiding information as it is about revealing it.

A good example is the following. I claimed hate-crimes aren’t increasing. The tweet below tries to disprove me, by citing a news article that claims the opposite:

But the data behind this article tells a very different story than the words.
Every November, the FBI releases its hate-crime statistics for the previous year. They’ve been doing this every year for a long time. When they do so, various news organizations grab the data and write a quick story around it.
By “story” I mean a story. Raw numbers don’t interest people, so the writer instead has to wrap it in a narrative that does interest people. That’s what the writer has done in the above story, leading with the fact that hate crimes have increased.
But is this increase meaningful? What do the numbers actually say?
To answer this, I went to the FBI’s website, the source of this data, and grabbed the numbers for the last 20 years, and graphed them in Excel, producing the following graph:
As you can see, there is no significant rise in hate-crimes. Indeed, the latest numbers are about 20% below the average for the last two decades, despite a tiny increase in the last couple years. Statistically/scientifically, there is no change, but you’ll never read that in a news article, because it’s boring and readers won’t pay attention. You’ll only get a “news story” that weaves a narrative that interests the reader.
So back to the original tweet exchange. The person used the news story to disprove my claim, but going to the underlying data, it only supports my claim that the hate-crimes are going down, not up — the small increases of the past couple years are insignificant to the larger decreases of the last two decades.
So that’s the point of this post: news stories are deceptive. You have to double-check the data they are based upon, and pay less attention to the narrative they weave, and even less attention to the title designed to grab your attention.
Anyway, as a side-note, I’d like to apologize for being human. The snark/sarcasm of the tweet above gives me extra pleasure in proving them wrong :).

Daphne Caruana Galizia’s Murder and the Security of WhatsApp

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

Daphne Caruana Galizia was a Maltese journalist whose anti-corruption investigations exposed powerful people. She was murdered in October by a car bomb.

Galizia used WhatsApp to communicate securely with her sources. Now that she is dead, the Maltese police want to break into her phone or the app, and find out who those sources were.

One journalist reports:

Part of Daphne’s destroyed smart phone was elevated from the scene.

Investigators say that Caruana Galizia had not taken her laptop with her on that particular trip. If she had done so, the forensic experts would have found evidence on the ground.

Her mobile phone is also being examined, as can be seen from her WhatsApp profile, which has registered activity since the murder. But it is understood that the data is safe.

Sources close to the newsroom said that as part of the investigation her sim card has been cloned. This is done with the help of mobile service providers in similar cases. Asked if her WhatsApp messages or any other messages that were stored in her phone will be retrieved, the source said that since the messaging application is encrypted, the messages cannot be seen. Therefore it is unlikely that any data can be retrieved.

I am less optimistic than that reporter. The FBI is providing “specific assistance.” The article doesn’t explain that, but I would not be surprised if they were helping crack the phone.

It will be interesting to see if WhatsApp’s security survives this. My guess is that it depends on how much of the phone was recovered from the bombed car.

EDITED TO ADD (11/7): The court-appointed IT expert on the case has a criminal record in the UK for theft and forgery.

FBI Increases Its Anti-Encryption Rhetoric

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2017/10/fbi_increases_i.html

Earlier this month, Deputy Attorney General Rod Rosenstein gave a speech warning that a world with encryption is a world without law — or something like that. The EFF’s Kurt Opsahl takes it apart pretty thoroughly.

Last week, FBI Director Christopher Wray said much the same thing.

This is an idea that will not die.

"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.

Fighting Leakers at Apple

Post Syndicated from Bruce Schneier original https://www.schneier.com/blog/archives/2017/06/fighting_leaker.html

Apple is fighting its own battle against leakers, using people and tactics from the NSA.

According to the hour-long presentation, Apple’s Global Security team employs an undisclosed number of investigators around the world to prevent information from reaching competitors, counterfeiters, and the press, as well as hunt down the source when leaks do occur. Some of these investigators have previously worked at U.S. intelligence agencies like the National Security Agency (NSA), law enforcement agencies like the FBI and the U.S. Secret Service, and in the U.S. military.

The information is from an internal briefing, which was leaked.