Tag Archives: going dark

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.

Why the crypto-backdoor side is morally corrupt

Post Syndicated from Robert Graham original https://blog.erratasec.com/2018/04/why-crypto-backdoor-side-is-morally.html

Crypto-backdoors for law enforcement is a reasonable position, but the side that argues for it adds things that are either outright lies or morally corrupt. Every year, the amount of digital evidence law enforcement has to solve crimes increases, yet they outrageously lie, claiming they are “going dark”, losing access to evidence. A weirder claim is that  those who oppose crypto-backdoors are nonetheless ethically required to make them work. This is morally corrupt.

That’s the point of this Lawfare post, which claims:

What I am saying is that those arguing that we should reject third-party access out of hand haven’t carried their research burden. … There are two reasons why I think there hasn’t been enough research to establish the no-third-party access position. First, research in this area is “taboo” among security researchers. … the second reason why I believe more research needs to be done: the fact that prominent non-government experts are publicly willing to try to build secure third-party-access solutions should make the information-security community question the consensus view. 

This is nonsense. It’s like claiming we haven’t cured the common cold because researchers haven’t spent enough effort at it. When researchers claim they’ve tried 10,000 ways to make something work, it’s like insisting they haven’t done enough because they haven’t tried 10,001 times.
Certainly, half the community doesn’t want to make such things work. Any solution for the “legitimate” law enforcement of the United States means a solution for illegitimate states like China and Russia which would use the feature to oppress their own people. Even if I believe it’s a net benefit to the United States, I would never attempt such research because of China and Russia.
But computer scientists notoriously ignore ethics in pursuit of developing technology. That describes the other half of the crypto community who would gladly work on the problem. The reason they haven’t come up with solutions is because the problem is hard, really hard.
The second reason the above argument is wrong: it says we should believe a solution is possible because some outsiders are willing to try. But as Yoda says, do or do not, there is no try. Our opinions on the difficulty of the problem don’t change simply because people are trying. Our opinions change when people are succeeding. People are always trying the impossible, that’s not evidence it’s possible.
The paper cherry picks things, like Intel CPU features, to make it seem like they are making forward progress. No. Intel’s SGX extensions are there for other reasons. Sure, it’s a new development, and new developments may change our opinion on the feasibility of law enforcement backdoors. But nowhere in talking about this new development have they actually proposes a solution to the backdoor problem. New developments happen all the time, and the pro-backdoor side is going to seize upon each and every one to claim that this, finally, solves the backdoor problem, without showing exactly how it solves the problem.

The Lawfare post does make one good argument, that there is no such thing as “absolute security”, and thus the argument is stupid that “crypto-backdoors would be less than absolute security”. Too often in the cybersecurity community we reject solutions that don’t provide “absolute security” while failing to acknowledge that “absolute security” is impossible.
But that’s not really what’s going on here. Cryptographers aren’t certain we’ve achieved even “adequate security” with current crypto regimes like SSL/TLS/HTTPS. Every few years we find horrible flaws in the old versions and have to develop new versions. If you steal somebody’s iPhone today, it’s so secure you can’t decrypt anything on it. But then if you hold it for 5 years, somebody will eventually figure out a hole and then you’ll be able to decrypt it — a hole that won’t affect Apple’s newer phones.
The reason we think we can’t get crypto-backdoors correct is simply because we can’t get crypto completely correct. It’s implausible that we can get the backdoors working securely when we still have so much trouble getting encryption working correctly in the first place.
Thus, we aren’t talking about “insignificantly less security”, we are talking about going from “barely adequate security” to “inadequate security”. Negotiating keys between you and a website is hard enough without simultaneously having to juggle keys with law enforcement organizations.

And finally, even if cryptographers do everything correctly law enforcement themselves haven’t proven themselves reliable. The NSA exposed its exploits (like the infamous ETERNALBLUE), and OPM lost all its security clearance records. If they can’t keep those secrets, it’s unreasonable to believe they can hold onto backdoor secrets. One of the problems cryptographers are expected to solve is partly this, to make it work in a such way that makes it unlikely law enforcement will lose its secrets.

Summary

This argument by the pro-backdoor side, that we in the crypto-community should do more to solve backdoors, it simply wrong. We’ve spent a lot of effort at this already. Many continue to work on this problem — the reason you haven’t heard much from them is because they haven’t had much success. It’s like blaming doctors for not doing more to work on interrogation drugs (truth serums). Sure, a lot of doctors won’t work on this because it’s distasteful, but at the same time, there are many drug companies who would love to profit by them. The reason they don’t exist is not because they aren’t spending enough money researching them, it’s because there is no plausible solution in sight.
Crypto-backdoors designed for law-enforcement will significantly harm your security. This may change in the future, but that’s the state of crypto today. You should trust the crypto experts on this, not lawyers.

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.

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.

"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.