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Paul Merrell

NSA Director Finally Admits Encryption Is Needed to Protect Public's Privacy - 0 views

  • NSA Director Finally Admits Encryption Is Needed to Protect Public’s Privacy The new stance denotes a growing awareness within the government that Americans are not comfortable with the State’s grip on their data. By Carey Wedler | AntiMedia | January 22, 2016 Share this article! https://mail.google.com/mail/?view=cm&fs=1&to&su=NSA%20Director%20Finally%20Admits%20Encryption%20Is%20Needed%20to%20Protect%20Public%E2%80%99s%20Privacy&body=http%3A%2F%2Fwww.mintpress
  • Rogers cited the recent Office of Personnel Management hack of over 20 million users as a reason to increase encryption rather than scale it back. “What you saw at OPM, you’re going to see a whole lot more of,” he said, referring to the massive hack that compromised the personal data about 20 million people who obtained background checks. Rogers’ comments, while forward-thinking, signify an about face in his stance on encryption. In February 2015, he said he “shares [FBI] Director [James] Comey’s concern” about cell phone companies’ decision to add encryption features to their products. Comey has been one loudest critics of encryption. However, Rogers’ comments on Thursday now directly conflict with Comey’s stated position. The FBI director has publicly chastised encryption, as well as the companies that provide it. In 2014, he claimed Apple’s then-new encryption feature could lead the world to “a very dark place.” At a Department of Justice hearing in November, Comey testified that “Increasingly, the shadow that is ‘going dark’ is falling across more and more of our work.” Though he claimed, “We support encryption,” he insisted “we have a problem that encryption is crashing into public safety and we have to figure out, as people who care about both, to resolve it. So, I think the conversation’s in a healthier place.”
  • At the same hearing, Comey and Attorney General Loretta Lynch declined to comment on whether they had proof the Paris attackers used encryption. Even so, Comey recently lobbied for tech companies to do away with end-to-end encryption. However, his crusade has fallen on unsympathetic ears, both from the private companies he seeks to control — and from the NSA. Prior to Rogers’ statements in support of encryption Thursday, former NSA chief Michael Hayden said, “I disagree with Jim Comey. I actually think end-to-end encryption is good for America.” Still another former NSA chair has criticized calls for backdoor access to information. In October, Mike McConnell told a panel at an encryption summit that the United States is “better served by stronger encryption, rather than baking in weaker encryption.” Former Department of Homeland Security chief, Michael Chertoff, has also spoken out against government being able to bypass encryption.
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  • Regardless of these individual defenses of encryption, the Intercept explained why these statements may be irrelevant: “Left unsaid is the fact that the FBI and NSA have the ability to circumvent encryption and get to the content too — by hacking. Hacking allows law enforcement to plant malicious code on someone’s computer in order to gain access to the photos, messages, and text before they were ever encrypted in the first place, and after they’ve been decrypted. The NSA has an entire team of advanced hackers, possibly as many as 600, camped out at Fort Meade.”
  • Rogers statements, of course, are not a full-fledged endorsement of privacy, nor can the NSA be expected to make it a priority. Even so, his new stance denotes a growing awareness within the government that Americans are not comfortable with the State’s grip on their data. “So spending time arguing about ‘hey, encryption is bad and we ought to do away with it’ … that’s a waste of time to me,” Rogers said Thursday. “So what we’ve got to ask ourselves is, with that foundation, what’s the best way for us to deal with it? And how do we meet those very legitimate concerns from multiple perspectives?”
Paul Merrell

German Parliament Says No More Software Patents | Electronic Frontier Foundation - 0 views

  • The German Parliament recently took a huge step that would eliminate software patents (PDF) when it issued a joint motion requiring the German government to ensure that computer programs are only covered by copyright. Put differently, in Germany, software cannot be patented. The Parliament's motion follows a similar announcement made by New Zealand's government last month (PDF), in which it determined that computer programs were not inventions or a manner of manufacture and, thus, cannot be patented.
  • The crux of the German Parliament's motion rests on the fact that software is already protected by copyright, and developers are afforded "exploitation rights." These rights, however, become confused when broad, abstract patents also cover general aspects of computer programs. These two intellectual property systems are at odds. The clearest example of this clash is with free software. The motion recognizes this issue and therefore calls upon the government "to preserve the precedence of copyright law so that software developers can also publish their work under open source license terms and conditions with legal security." The free software movement relies upon the fact that software can be released under a copyright license that allows users to share it and build upon others' works. Patents, as Parliament finds, inhibit this fundamental spread.
  • Just like in the New Zealand order, the German Parliament carved out one type of software that could be patented, when: the computer program serves merely as a replaceable equivalent for a mechanical or electro-mechanical component, as is the case, for instance, when software-based washing machine controls can replace an electromechanical program control unit consisting of revolving cylinders which activate the control circuits for the specific steps of the wash cycle This allows for software that is tied to (and controls part of) another invention to be patented. In other words, if a claimed process is purely a computer program, then it is not patentable. (New Zealand's order uses a similar washing machine example.) The motion ends by calling upon the German government to push for this approach to be standard across all of Europe. We hope policymakers in the United States will also consider fundamental reform that deals with the problems caused by low-quality software patents. Ultimately, any real reform must address this issue.
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    Note that an unofficial translation of the parliamentary motion is linked from the article. This adds substantially to the pressure internationally to end software patents because Germany has been the strongest defender of software patents in Europe. The same legal grounds would not apply in the U.S. The strongest argument for the non-patentability in the U.S., in my opinion, is that software patents embody embody both prior art and obviousness. A general purpose computer can accomplish nothing unforeseen by the prior art of the computing device. And it is impossible for software to do more than cause different sequences of bit register states to be executed. This is the province of "skilled artisans" using known methods to produce predictable results. There is a long line of Supreme Court decisions holding that an "invention" with such traits is non-patentable. I have summarized that argument with citations at . 
Paul Merrell

Data Transfer Pact Between U.S. and Europe Is Ruled Invalid - The New York Times - 0 views

  • Europe’s highest court on Tuesday struck down an international agreement that allowed companies to move digital information like people’s web search histories and social media updates between the European Union and the United States. The decision left the international operations of companies like Google and Facebook in a sort of legal limbo even as their services continued working as usual.The ruling, by the European Court of Justice, said the so-called safe harbor agreement was flawed because it allowed American government authorities to gain routine access to Europeans’ online information. The court said leaks from Edward J. Snowden, the former contractor for the National Security Agency, made it clear that American intelligence agencies had almost unfettered access to the data, infringing on Europeans’ rights to privacy. The court said data protection regulators in each of the European Union’s 28 countries should have oversight over how companies collect and use online information of their countries’ citizens. European countries have widely varying stances towards privacy.
  • Data protection advocates hailed the ruling. Industry executives and trade groups, though, said the decision left a huge amount of uncertainty for big companies, many of which rely on the easy flow of data for lucrative businesses like online advertising. They called on the European Commission to complete a new safe harbor agreement with the United States, a deal that has been negotiated for more than two years and could limit the fallout from the court’s decision.
  • Some European officials and many of the big technology companies, including Facebook and Microsoft, tried to play down the impact of the ruling. The companies kept their services running, saying that other agreements with the European Union should provide an adequate legal foundation.But those other agreements are now expected to be examined and questioned by some of Europe’s national privacy watchdogs. The potential inquiries could make it hard for companies to transfer Europeans’ information overseas under the current data arrangements. And the ruling appeared to leave smaller companies with fewer legal resources vulnerable to potential privacy violations.
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  • “We can’t assume that anything is now safe,” Brian Hengesbaugh, a privacy lawyer with Baker & McKenzie in Chicago who helped to negotiate the original safe harbor agreement. “The ruling is so sweepingly broad that any mechanism used to transfer data from Europe could be under threat.”At issue is the sort of personal data that people create when they post something on Facebook or other social media; when they do web searches on Google; or when they order products or buy movies from Amazon or Apple. Such data is hugely valuable to companies, which use it in a broad range of ways, including tailoring advertisements to individuals and promoting products or services based on users’ online activities.The data-transfer ruling does not apply solely to tech companies. It also affects any organization with international operations, such as when a company has employees in more than one region and needs to transfer payroll information or allow workers to manage their employee benefits online.
  • But it was unclear how bulletproof those treaties would be under the new ruling, which cannot be appealed and went into effect immediately. Europe’s privacy watchdogs, for example, remain divided over how to police American tech companies.France and Germany, where companies like Facebook and Google have huge numbers of users and have already been subject to other privacy rulings, are among the countries that have sought more aggressive protections for their citizens’ personal data. Britain and Ireland, among others, have been supportive of Safe Harbor, and many large American tech companies have set up overseas headquarters in Ireland.
  • “For those who are willing to take on big companies, this ruling will have empowered them to act,” said Ot van Daalen, a Dutch privacy lawyer at Project Moore, who has been a vocal advocate for stricter data protection rules. The safe harbor agreement has been in place since 2000, enabling American tech companies to compile data generated by their European clients in web searches, social media posts and other online activities.
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    Another take on it from EFF: https://www.eff.org/deeplinks/2015/10/europes-court-justice-nsa-surveilance Expected since the Court's Advocate General released an opinion last week, presaging today's opinion.  Very big bucks involved behind the scenes because removing U.S.-based internet companies from the scene in the E.U. would pave the way for growth of E.U.-based companies.  The way forward for the U.S. companies is even more dicey because of a case now pending in the U.S.  The Second U.S. Circuit Court of Appeals is about to decide a related case in which Microsoft was ordered by the lower court to produce email records stored on a server in Ireland. . Should the Second Circuit uphold the order and the Supreme Court deny review, then under the principles announced today by the Court in the E.U., no U.S.-based company could ever be allowed to have "possession, custody, or control" of the data of E.U. citizens. You can bet that the E.U. case will weigh heavily in the Second Circuit's deliberations.  The E.U. decision is by far and away the largest legal event yet flowing out of the Edward Snowden disclosures, tectonic in scale. Up to now, Congress has succeeded in confining all NSA reforms to apply only to U.S. citizens. But now the large U.S. internet companies, Google, Facebook, Microsoft, Dropbox, etc., face the loss of all Europe as a market. Congress *will* be forced by their lobbying power to extend privacy protections to "non-U.S. persons."  Thank you again, Edward Snowden.
Gonzalo San Gil, PhD.

Five EFF Tools to Help You Protect Yourself Online | Electronic Frontier Foundation - 0 views

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    "Do you get creeped out when an ad eerily related to your recent Internet activity seems to follow you around the web? "
Paul Merrell

First Look Publishes Open Source Code To Advance Privacy, Security, and Journalism - Th... - 0 views

  • today we’re excited to contribute back to the open source community by launching First Look Code, the home for our own open source projects related to privacy, security, data, and journalism. To begin with, First Look Code is the new home for document sanitization software PDF Redact Tools, and we’ve launched a brand new anti-gag order project called AutoCanary.
  • AutoCanary A warrant canary is a regularly published statement that a company hasn’t received any legal orders that it’s not allowed to talk about, such as a national security letter. Canaries can help prevent web publishers from misleading visitors and prevent tech companies from misleading users when they share data with the government and are prevented from talking about it. One such situation arose — without a canary in place — in 2013, when the U.S. government sent Lavabit, a provider of encrypted email services apparently used by Snowden, a legal request to access Snowden’s email, thwarting some of the very privacy protections Lavabit had promised users. This request included a gag order, so the company was legally prohibited from talking about it. Rather than becoming “complicit in crimes against the American people,” in his words, Lavabit founder Ladar Levison, chose to shut down the service.
  • Warrant canaries are designed to help companies in this kind of situation. You can see a list of companies that publish warrant canary statements at Canary Watch. As of today, First Look Media is among the companies that publish canaries. We’re happy to announce the first version of AutoCanary, a desktop program for Windows, Mac OS X, and Linux that makes the process of generating machine-readable, digitally-signed warrant canary statements simpler. Read more about AutoCanary on its new website.
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    The internet continues to fight back against the Dark State. On the unsettled nature of the law in regard to use of warrant canaries in the U.S. see EFF's faq: https://www.eff.org/deeplinks/2014/04/warrant-canary-faq (it needs a test case).
Paul Merrell

'Let's Encrypt' Project Strives To Make Encryption Simple - Slashdot - 0 views

  • As part of an effort to make encryption a standard component of every application, the Linux Foundation has launched the Let's Encrypt project (announcement) and stated its intention to provide access to a free certificate management service. Jim Zemlin, executive director for the Linux Foundation, says the goal for the project is nothing less than universal adoption of encryption to disrupt a multi-billion dollar hacker economy. While there may never be such a thing as perfect security, Zemlin says it's just too easy to steal data that is not encrypted. In its current form, encryption is difficult to implement and a lot of cost and overhead is associated with managing encryption keys. Zemlin claims the Let's Encrypt project will reduce the effort it takes to encrypt data in an application down to two simple commands. The project is being hosted by the Linux Foundation, but the actual project is being managed by the Internet Security Research Group. This work is sponsored by Akamai, Cisco, EFF, Mozilla, IdenTrust, and Automattic, which all are Linux Foundation patrons. Visit Let's Encrypt official website to get involved.
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    The blurb is a bit misleading. This is a project that's been under way since last year; what's new is that they're moving under the Linux Foundation umbrella for various non-technical suoport purposes. By sometime this summer, encrypting web site data and broadcasting it over https is  slated to become a two-click process. Or on the linux command line: $ sudo apt-get install lets-encrypt $ lets-encrypt example.com This is a project that grew out of public disgust with NSA surveillance, designed to flood the NSA (and other bad actors) with so much encrypted data that they will be able to decrypt only a tiny fraction (decryption without the decryption key takes gobs of computer cycles).  The other half of the solution is already available, the HTTPS Everywhere extension for the Chrome, FIrefox, and Opera web browsers by the Electronic Frontier Foundation and the TOR Project that translates your every request for a http address into an effort to connect to an https address preferentially before establishing an http connection if https is not available. HTTPS Everywhere is fast and does not noticeably add to your page loading time. If you'd like to effortlessly imoprove your online security and help burden NSA, install HTTPS Everywhere. Get it at https://www.eff.org/https-everywhere
Paul Merrell

Save Firefox! | Electronic Frontier Foundation - 0 views

  • The World Wide Web Consortium (W3C), once the force for open standards that kept browsers from locking publishers to their proprietary capabilities, has changed its mission. Since 2013, the organization has provided a forum where today's dominant browser companies and the dominant entertainment companies can collaborate on a system to let our browsers control our behavior, rather than the other way. This system, "Encrypted Media Extensions" (EME) uses standards-defined code to funnel video into a proprietary container called a "Content Decryption Module." For a new browser to support this new video streaming standard -- which major studios and cable operators are pushing for -- it would have to convince those entertainment companies or one of their partners to let them have a CDM, or this part of the "open" Web would not display in their new browser. This is the opposite of every W3C standard to date: once, all you needed to do to render content sent by a server was follow the standard, not get permission. If browsers had needed permission to render a page at the launch of Mozilla, the publishers would have frozen out this new, pop-up-blocking upstart. Kiss Firefox goodbye, in other words.
  • The W3C didn't have to do this. No copyright law says that making a video gives you the right to tell people who legally watch it how they must configure their equipment. But because of the design of EME, copyright holders will be able to use the law to shut down any new browser that tries to render the video without their permission. That's because EME is designed to trigger liability under section 1201 of the Digital Millennium Copyright Act (DMCA), which says that removing a digital lock that controls access to a copyrighted work without permission is an offense, even if the person removing the lock has the right to the content it restricts. In other words, once a video is sent with EME, a new company that unlocks it for its users can be sued, even if the users do nothing illegal with that video. We proposed that the W3C could protect new browsers by making their members promise not to use the DMCA to attack new entrants in the market, an idea supported by a diverse group of W3C members, but the W3C executive overruled us saying the work would go forward with no safeguards for future competition. It's even worse than at first glance. The DMCA isn't limited to the USA: the US Trade Representative has spread DMCA-like rules to virtually every country that does business with America. Worse still: the DMCA is also routinely used by companies to threaten and silence security researchers who reveal embarrassing defects in their products. The W3C also declined to require its members to protect security researchers who discover flaws in EME, leaving every Web user vulnerable to vulnerabilities whose disclosure can only safely take place if the affected company decides to permit it.
  • The W3C needs credibility with people who care about the open Web and innovation in order to be viable. They are sensitive to this kind of criticism. We empathize. There are lots of good people working there, people who genuinely, passionately want the Web to stay open to everyone, and to be safe for its users. But the organization made a terrible decision when it opted to provide a home for EME, and an even worse one when it overruled its own members and declined protection for security research and new competitors. It needs to hear from you now. Please share this post, and spread the word. Help the W3C be the organization it is meant to be.
Paul Merrell

Reset The Net - Privacy Pack - 1 views

  • This June 5th, I pledge to take strong steps to protect my freedom from government mass surveillance. I expect the services I use to do the same.
  • Fight for the Future and Center for Rights will contact you about future campaigns. Privacy Policy
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    I wound up joining this campaign at the urging of the ACLU after checking the Privacy Policy. The Reset the Net campaign seems to be endorsed by a lot of change-oriented groups, from the ACLU to Greenpeac to the Pirate Party. A fair number of groups with a Progressive agenda, but certainly not limited to them. The right answer to that situation is to urge other groups to endorse, not to avoid the campaign. Single-issue coalition-building is all about focusing on an area of agreement rather than worrying about who you are rubbing elbows with.  I have been looking for a a bipartisan group that's tackling government surveillance issues via mass actions but has no corporate sponsors. This might be the one. The reason: Corporate types like Google have no incentive to really butt heads with the government voyeurs. They are themselves engaged in massive surveillance of their users and certainly will not carry the battle for digital privacy over to the private sector. But this *is* a battle over digital privacy and legally defining user privacy rights in the private sector is just as important as cutting back on government surveillance. As we have learned through the Snowden disclosures, what the private internet companies have, the NSA can and does get.  The big internet services successfully pushed in the U.S. for authorization to publish more numbers about how many times they pass private data to the government, but went no farther. They wanted to be able to say they did something, but there's a revolving door of staffers between NSA and the big internet companies and the internet service companies' data is an open book to the NSA.   The big internet services are not champions of their users' privacy. If they were, they would be featuring end-to-end encryption with encryption keys unique to each user and unknown to the companies.  Like some startups in Europe are doing. E.g., the Wuala.com filesync service in Switzerland (first 5 GB of storage free). Compare tha
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    "This June 5th, I pledge to take strong steps to protect my freedom from government mass surveillance. I expect the services I use to do the same."
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    I wound up joining this campaign at the urging of the ACLU after checking the Privacy Policy. The Reset the Net campaign seems to be endorsed by a lot of change-oriented groups, from the ACLU to Greenpeac to the Pirate Party. A fair number of groups with a Progressive agenda, but certainly not limited to them. The right answer to that situation is to urge other groups to endorse, not to avoid the campaign. Single-issue coalition-building is all about focusing on an area of agreement rather than worrying about who you are rubbing elbows with.  I have been looking for a a bipartisan group that's tackling government surveillance issues via mass actions but has no corporate sponsors. This might be the one. The reason: Corporate types like Google have no incentive to really butt heads with the government voyeurs. They are themselves engaged in massive surveillance of their users and certainly will not carry the battle for digital privacy over to the private sector. But this *is* a battle over digital privacy and legally defining user privacy rights in the private sector is just as important as cutting back on government surveillance. As we have learned through the Snowden disclosures, what the private internet companies have, the NSA can and does get.  The big internet services successfully pushed in the U.S. for authorization to publish more numbers about how many times they pass private data to the government, but went no farther. They wanted to be able to say they did something, but there's a revolving door of staffers between NSA and the big internet companies and the internet service companies' data is an open book to the NSA.   The big internet services are not champions of their users' privacy. If they were, they would be featuring end-to-end encryption with encryption keys unique to each user and unknown to the companies.  Like some startups in Europe are doing. E.g., the Wuala.com filesync service in Switzerland (first 5 GB of storage free). Com
Gonzalo San Gil, PhD.

The Internet is one step closer to universal HTTPs | Network World - 0 views

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    "The Electronic Frontier Foundation (EFF), which is on the front lines for protecting digital freedom and preventing censorship of the web, applauded content delivery network provider CloudFlare for the company's recent announcement that it will offer encrypted HTTPs as its default setting for any website it hosts."
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    "The Electronic Frontier Foundation (EFF), which is on the front lines for protecting digital freedom and preventing censorship of the web, applauded content delivery network provider CloudFlare for the company's recent announcement that it will offer encrypted HTTPs as its default setting for any website it hosts."
Paul Merrell

Free At Last: New DMCA Rules Might Make the Web a Better Place | nsnbc international - 0 views

  • David Mao, the Librarian of Congress, has issued new rules pertaining to exemptions to the Digital Millennium Copyright Act (DMCA) after a 3 year battle that was expedited in the wake of the Volkswagen scandal.
  • Opposition to this new decision is coming from the Environmental Protection Agency (EPA) and the auto industry because the DMCA prohibits “circumventing encryption or access controls to copy or modify copyrighted works.” For example, GM “claimed the exemption ‘could introduce safety and security issues as well as facilitate violation of various laws designed specifically to regulate the modern car, including emissions, fuel economy, and vehicle safety regulations’.” The exemption in question is in Section 1201 which forbids the unlocking of software access controls which has given the auto industry the unique ability to “threaten legal action against anyone who needs to get around those restrictions, no matter how legitimate the reason.” Journalist Nick Statt points out that this provision “made it illegal in the past to unlock your smartphone from its carrier or even to share your HBO Go password with a friend. It’s designed to let corporations protect copyrighted material, but it allows them to crackdown on circumventions even when they’re not infringing on those copyrights or trying to access or steal proprietary information.”
  • Kit Walsh, staff attorney for the Electronic Frontier Foundation (EFF), explained that the “‘access control’ rule is supposed to protect against unlawful copying. But as we’ve seen in the recent Volkswagen scandal—where VW was caught manipulating smog tests—it can be used instead to hide wrongdoing hidden in computer code.” Walsh continued: “We are pleased that analysts will now be able to examine the software in the cars we drive without facing legal threats from car manufacturers, and that the Librarian has acted to promote competition in the vehicle aftermarket and protect the long tradition of vehicle owners tinkering with their cars and tractors. The year-long delay in implementing the exemptions, though, is disappointing and unjustified. The VW smog tests and a long run of security vulnerabilities have shown researchers and drivers need the exemptions now.” As part of the new changes, gamers can “modify an old video game so it doesn’t perform a check with an authentication server that has since been shut down” and after the publisher cuts of support for the video game.
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  • Another positive from the change is that smartphone users will be able to jailbreak their phone and finally enjoy running operating systems and applications from any source, not just those approved by the manufacturer. And finally, those who remix excerpts from DVDs, Blu – Ray discs or downloading services will be allowed to mix the material into theirs without violating the DMCA.
Paul Merrell

Is This The End Of Facebook And WhatsApp​ Encrypted Messaging? - 0 views

  • A week ago, we saw a procession of nervous headlines after the Times and then Bloomberg reported that Facebook, its messaging platform WhatsApp and others would now be forced to disclose encrypted messages to law enforcement agencies under a new treaty between the U.S. and the U.K. As I commented at the time, these reports were misleading, mixing up agreements to share data that already exists with changes in the law to break encryption. But now the U.S. and U.K., as well as Australia, are set to write to Facebook to request that the company pauses its plans for cross-platform messaging encryption until backdoors can be added, citing public safety and serious crime as its reasons.EFF described the letter as an “all-out attack on encryption... a staggering attempt to undermine the security and privacy of communications tools used by billions of people,” and urged Facebook not to comply. The organization warned that the move would endanger activists and journalists, and could be used by “authoritarian regimes... to spy on dissidents in the name of combatting terrorism or civil unrest.”
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    A more in-depth look at the issue. Unstated: this is only the latest round of the Deep State fight against digital privacy that has periodically recurred since the World Wide Web first appeared on the scene. The good news: all previous attempts have failed since Pretty Good Privacy broke the U.S. encryption export barrier beginning in 1991. See https://en.wikipedia.org/wiki/Pretty_Good_Privacy#History
Paul Merrell

In Hearing on Internet Surveillance, Nobody Knows How Many Americans Impacted in Data C... - 0 views

  • The Senate Judiciary Committee held an open hearing today on the FISA Amendments Act, the law that ostensibly authorizes the digital surveillance of hundreds of millions of people both in the United States and around the world. Section 702 of the law, scheduled to expire next year, is designed to allow U.S. intelligence services to collect signals intelligence on foreign targets related to our national security interests. However—thanks to the leaks of many whistleblowers including Edward Snowden, the work of investigative journalists, and statements by public officials—we now know that the FISA Amendments Act has been used to sweep up data on hundreds of millions of people who have no connection to a terrorist investigation, including countless Americans. What do we mean by “countless”? As became increasingly clear in the hearing today, the exact number of Americans impacted by this surveillance is unknown. Senator Franken asked the panel of witnesses, “Is it possible for the government to provide an exact count of how many United States persons have been swept up in Section 702 surveillance? And if not the exact count, then what about an estimate?”
  • The lack of information makes rigorous oversight of the programs all but impossible. As Senator Franken put it in the hearing today, “When the public lacks even a rough sense of the scope of the government’s surveillance program, they have no way of knowing if the government is striking the right balance, whether we are safeguarding our national security without trampling on our citizens’ fundamental privacy rights. But the public can’t know if we succeed in striking that balance if they don’t even have the most basic information about our major surveillance programs."  Senator Patrick Leahy also questioned the panel about the “minimization procedures” associated with this type of surveillance, the privacy safeguard that is intended to ensure that irrelevant data and data on American citizens is swiftly deleted. Senator Leahy asked the panel: “Do you believe the current minimization procedures ensure that data about innocent Americans is deleted? Is that enough?”  David Medine, who recently announced his pending retirement from the Privacy and Civil Liberties Oversight Board, answered unequivocally:
  • Elizabeth Goitein, the Brennan Center director whose articulate and thought-provoking testimony was the highlight of the hearing, noted that at this time an exact number would be difficult to provide. However, she asserted that an estimate should be possible for most if not all of the government’s surveillance programs. None of the other panel participants—which included David Medine and Rachel Brand of the Privacy and Civil Liberties Oversight Board as well as Matthew Olsen of IronNet Cybersecurity and attorney Kenneth Wainstein—offered an estimate. Today’s hearing reaffirmed that it is not only the American people who are left in the dark about how many people or accounts are impacted by the NSA’s dragnet surveillance of the Internet. Even vital oversight committees in Congress like the Senate Judiciary Committee are left to speculate about just how far-reaching this surveillance is. It's part of the reason why we urged the House Judiciary Committee to demand that the Intelligence Community provide the public with a number. 
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  • Senator Leahy, they don’t. The minimization procedures call for the deletion of innocent Americans’ information upon discovery to determine whether it has any foreign intelligence value. But what the board’s report found is that in fact information is never deleted. It sits in the databases for 5 years, or sometimes longer. And so the minimization doesn’t really address the privacy concerns of incidentally collected communications—again, where there’s been no warrant at all in the process… In the United States, we simply can’t read people’s emails and listen to their phone calls without court approval, and the same should be true when the government shifts its attention to Americans under this program. One of the most startling exchanges from the hearing today came toward the end of the session, when Senator Dianne Feinstein—who also sits on the Intelligence Committee—seemed taken aback by Ms. Goitein’s mention of “backdoor searches.” 
  • Feinstein: Wow, wow. What do you call it? What’s a backdoor search? Goitein: Backdoor search is when the FBI or any other agency targets a U.S. person for a search of data that was collected under Section 702, which is supposed to be targeted against foreigners overseas. Feinstein: Regardless of the minimization that was properly carried out. Goitein: Well the data is searched in its unminimized form. So the FBI gets raw data, the NSA, the CIA get raw data. And they search that raw data using U.S. person identifiers. That’s what I’m referring to as backdoor searches. It’s deeply concerning that any member of Congress, much less a member of the Senate Judiciary Committee and the Senate Intelligence Committee, might not be aware of the problem surrounding backdoor searches. In April 2014, the Director of National Intelligence acknowledged the searches of this data, which Senators Ron Wyden and Mark Udall termed “the ‘back-door search’ loophole in section 702.” The public was so incensed that the House of Representatives passed an amendment to that year's defense appropriations bill effectively banning the warrantless backdoor searches. Nonetheless, in the hearing today it seemed like Senator Feinstein might not recognize or appreciate the serious implications of allowing U.S. law enforcement agencies to query the raw data collected through these Internet surveillance programs. Hopefully today’s testimony helped convince the Senator that there is more to this topic than what she’s hearing in jargon-filled classified security briefings.
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    The 4th Amendment: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and *particularly describing the place to be searched, and the* persons or *things to be seized."* So much for the particularized description of the place to be searched and the thngs to be seized.  Fah! Who needs a Constitution, anyway .... 
Paul Merrell

Obama to propose legislation to protect firms that share cyberthreat data - The Washing... - 0 views

  • President Obama plans to announce legislation Tuesday that would shield companies from lawsuits for sharing computer threat data with the government in an effort to prevent cyber­attacks. On the heels of a destructive attack at Sony Pictures Entertainment and major breaches at JPMorgan Chase and retail chains, Obama is intent on capitalizing on the heightened sense of urgency to improve the security of the nation’s networks, officials said. “He’s been doing everything he can within his executive authority to move the ball on this,” said a senior administration official who spoke on the condition of anonymity to discuss legislation that has not yet been released. “We’ve got to get something in place that allows both industry and government to work more closely together.”
  • The legislation is part of a broader package, to be sent to Capitol Hill on Tuesday, that includes measures to help protect consumers and students against ­cyberattacks and to give law enforcement greater authority to combat cybercrime. The provision’s goal is to “enshrine in law liability protection for the private sector for them to share specific information — cyberthreat indicators — with the government,” the official said. Some analysts questioned the need for such legislation, saying there are adequate measures in place to enable sharing between companies and the government and among companies.
  • “We think the current information-sharing regime is adequate,” said Mark Jaycox, legislative analyst at the Electronic Frontier Foundation, a privacy group. “More companies need to use it, but the idea of broad legal immunity isn’t needed right now.” The administration official disagreed. The lack of such immunity is what prevents many companies from greater sharing of data with the government, the official said. “We have heard that time and time again,” the official said. The proposal, which builds on a 2011 administration bill, grants liability protection to companies that provide indicators of cyberattacks and threats to the Department of Homeland Security.
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  • But in a provision likely to raise concerns from privacy advocates, the administration wants to require DHS to share that information “in as near real time as possible” with other government agencies that have a cybersecurity mission, the official said. Those include the National Security Agency, the Pentagon’s ­Cyber Command, the FBI and the Secret Service. “DHS needs to take an active lead role in ensuring that unnecessary personal information is not shared with intelligence authorities,” Jaycox said. The debates over government surveillance prompted by disclosures from former NSA contractor Edward Snowden have shown that “the agencies already have a tremendous amount of unnecessary information,” he said.
  • It would reaffirm that federal racketeering law applies to cybercrimes and amends the Computer Fraud and Abuse Act by ensuring that “insignificant conduct” does not fall within the scope of the statute. A third element of the package is legislation Obama proposed Monday to help protect consumers and students against cyberattacks. The theft of personal financial information “is a direct threat to the economic security of American families, and we’ve got to stop it,” Obama said. The plan, unveiled in a speech at the Federal Trade Commission, would require companies to notify customers within 30 days after the theft of personal information is discovered. Right now, data breaches are handled under a patchwork of state laws that the president said are confusing and costly to enforce. Obama’s plan would streamline those into one clear federal standard and bolster requirements for companies to notify customers. Obama is proposing closing loopholes to make it easier to track down cybercriminals overseas who steal and sell identities. “The more we do to protect consumer information and privacy, the harder it is for hackers to damage our businesses and hurt our economy,” he said.
  • Efforts to pass information-sharing legislation have stalled in the past five years, blocked primarily by privacy concerns. The package also contains provisions that would allow prosecution for the sale of botnets or access to armies of compromised computers that can be used to spread malware, would criminalize the overseas sale of stolen U.S. credit card and bank account numbers, would expand federal law enforcement authority to deter the sale of spyware used to stalk people or commit identity theft, and would give courts the authority to shut down botnets being used for criminal activity, such as denial-of-service attacks.
  • The administration official stressed that the legislation will require companies to remove unnecessary personal information before furnishing it to the government in order to qualify for liability protection. It also will impose limits on the use of the data for cybersecurity crimes and instances in which there is a threat of death or bodily harm, such as kidnapping, the official said. And it will require DHS and the attorney general to develop guidelines for the federal government’s use and retention of the data. It will not authorize a company to take offensive cyber-measures to defend itself, such as “hacking back” into a server or computer outside its own network to track a breach. The bill also will provide liability protection to companies that share data with private-sector-developed organizations set up specifically for that purpose. Called information sharing and analysis organizations, these groups often are set up by particular industries, such as banking, to facilitate the exchange of data and best practices.
  • In October, Obama signed an order to protect consumers from identity theft by strengthening security features in credit cards and the terminals that process them. Marc Rotenberg, executive director of the Electronic Privacy Information Center, said there is concern that a federal standard would “preempt stronger state laws” about how and when companies have to notify consumers. The Student Digital Privacy Act would ensure that data entered would be used only for educational purposes. It would prohibit companies from selling student data to third-party companies for purposes other than education. Obama also plans to introduce a Consumer Privacy Bill of Rights. And the White House will host a summit on cybersecurity and consumer protection on Feb. 13 at Stanford University.
Paul Merrell

The Newest Reforms on SIGINT Collection Still Leave Loopholes | Just Security - 0 views

  • Director of National Intelligence James Clapper this morning released a report detailing new rules aimed at reforming the way signals intelligence is collected and stored by certain members of the United States Intelligence Community (IC). The long-awaited changes follow up on an order announced by President Obama one year ago that laid out the White House’s principles governing the collection of signals intelligence. That order, commonly known as PPD-28, purports to place limits on the use of data collected in bulk and to increase privacy protections related to the data collected, regardless of nationality. Accordingly, most of the changes presented as “new” by Clapper’s office  (ODNI) stem directly from the guidance provided in PPD-28, and so aren’t truly new. And of the biggest changes outlined in the report, there are still large exceptions that appear to allow the government to escape the restrictions with relative ease. Here’s a quick rundown.
  • National security letters (NSLs). The report also states that the FBI’s gag orders related to NSLs expire three years after the opening of a full-blown investigation or three years after an investigation’s close, whichever is earlier. However, these expiration dates can be easily overridden by by an FBI Special Agent in Charge or a Deputy Assistant FBI Director who finds that the statutory standards for secrecy about the NSL continue to be satisfied (which at least one court has said isn’t a very high bar). This exception also doesn’t address concerns that NSL gag orders lack adequate due process protections, lack basic judicial oversight, and may violate the First Amendment.
  • Retention policy for non-U.S. persons. The new rules say that the IC must now delete information about “non-U.S. persons” that’s been gathered via signals intelligence after five-years. However, there is a loophole that will let spies hold onto that information indefinitely whenever the Director of National Intelligence determines (after considering the views of the ODNI’s Civil Liberties Protection Officer) that retaining information is in the interest of national security. The new rules don’t say whether the exceptions will be directed at entire groups of people or individual surveillance targets.  Section 215 metadata. Updates to the rules concerning the use of data collected under Section 215 of the Patriot Act includes the requirement that the Foreign Intelligence Surveillance Court (rather than authorized NSA officials) must determine spies have “reasonable, articulable suspicion” prior to query Section 215 data, outside of emergency circumstances. What qualifies as an emergency for these purposes? We don’t know. Additionally, the IC is now limited to two “hops” in querying the database. This means that spies can only play two degrees of Kevin Bacon, instead of the previously allowed three degrees, with the contacts of anyone targeted under Section 215. The report doesn’t explain what would prevent the NSA (or other agency using the 215 databases) from getting around this limit by redesignating a phone number found in the first or second hop as a new “target,” thereby allowing the agency to continue the contact chain.
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  • The report also details the ODNI’s and IC’s plans for the future, including: (1) Working with Congress to reauthorize bulk collection under Section 215. (2) Updating agency guidelines under Executive Order 12333 “to protect the privacy and civil liberties of U.S. persons.” (3) Producing another annual report in January 2016 on the IC’s progress in implementing signals intelligence reforms. These plans raise more questions than they answer. Given the considerable doubts about Section 215’s effectiveness, why is the ODNI pushing for its reauthorization? And what will the ODNI consider appropriate privacy protections under Executive Order 12333?
Paul Merrell

Court upholds NSA snooping | TheHill - 0 views

  • A district court in California has issued a ruling in favor of the National Security Agency in a long-running case over the spy agency’s collection of Internet records.The challenge against the controversial Upstream program was tossed out because additional defense from the government would have required “impermissible disclosure of state secret information,” Judge Jeffrey White wrote in his decision.ADVERTISEMENTUnder the program — details of which were revealed through leaks from Edward Snowden and others — the NSA taps into the fiber cables that make up the backbone of the Internet and gathers information about people's online and phone communications. The agency then filters out communications of U.S. citizens, whose data is protected with legal defenses not extended to foreigners, and searches for “selectors” tied to a terrorist or other target.In 2008, the Electronic Frontier Foundation (EFF) sued the government over the program on behalf of five AT&T customers, who said that the collection violated the constitutional protections to privacy and free speech.
  • But “substantial details” about the program still remain classified, White, an appointee under former President George W. Bush, wrote in his decision. Moving forward with the merits of a trial would risk “exceptionally grave damage to national security,” he added. <A HREF="http://ws-na.amazon-adsystem.com/widgets/q?rt=tf_mfw&ServiceVersion=20070822&MarketPlace=US&ID=V20070822%2FUS%2Fthehill07-20%2F8001%2Fdffbe72d-f425-4b83-b07e-357ae9d405f6&Operation=NoScript">Amazon.com Widgets</A> The government has been “persuasive” in using its state secrets privilege, he continued, which allows it to withhold evidence from a case that could severely jeopardize national security.   In addition to saying that the program appeared constitutional, the judge also found that the AT&T customers did not even have the standing to sue the NSA over its data gathering.While they may be AT&T customers, White wrote that the evidence presented to the court was “insufficient to establish that the Upstream collection process operates in the manner” that they say it does, which makes it impossible to tell if their information was indeed collected in the NSA program.  The decision is a stinging rebuke to critics of the NSA, who have seen public interest in their cause slowly fade in the months since Snowden’s revelations.
  • The EFF on Tuesday evening said that it was considering next steps and noted that the court focused on just one program, not the totality of the NSA’s controversial operations.“It would be a travesty of justice if our clients are denied their day in court over the ‘secrecy’ of a program that has been front-page news for nearly a decade,” the group said in a statement.“We will continue to fight to end NSA mass surveillance.”The name of the case is Jewel v. NSA. 
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    The article should have mentioned that the decision was on cross-motions for *partial* summary judgment. The Jewel case will proceed on other plaintiff claims. 
Paul Merrell

Guest Post: NSA Reform - The Consequences of Failure | Just Security - 0 views

  • In the absence of real reform, people and institutions at home and abroad are taking matters into their own hands. In America, the NSA’s overreach is changing the way we communicate with and relate to each other. In order to evade government surveillance, more and more Americans are employing encryption technology.  The veritable explosion of new secure messaging apps like Surespot, OpenWhisper’s collaboration with WhatsApp, the development and deployment of open source anti-surveillance tools like Detekt, the creation of organizationally-sponsored “surveillance self-defense” guides, the push to universalize the https protocol, anti-surveillance book events featuring free encryption workshops— are manifestations of the rise of the personal encryption and pro-privacy digital resistance movement. Its political implications are clear: Americans, along with people around the world, increasingly see the United States government’s overreaching surveillance activities as a threat to be blocked.
  • The federal government’s vacuum-cleaner approach to surveillance—manifested in Title II of the PATRIOT Act, the FISA Amendments Act, and EO 12333—has backfired in these respects, and the emergence of this digital resistance movement is one result. Indeed, the existence and proliferation of social networks hold the potential to help this movement spread faster and to more of the general public than would have been possible in decades past. This is evidenced by the growing concern worldwide about governments’ ability to access reams of information about people’s lives with relative ease. As one measure, compared to a year ago, 41% of online users in North America now avoid certain Internet sites and applications, 16% change who they communicate with, and 24% censor what they say online. Those numbers, if anywhere close to accurate, are a major concern for democratic society.
  • Even if commercially available privacy technology proves capable of providing a genuine shield against warrantless or otherwise illegal surveillance by the United States government, it will remain a treatment for the symptom, not a cure for the underlying legal and constitutional malady. In April 2014, a Harris poll of US adults showed that in response to the Snowden revelations, “Almost half of respondents (47%) said that they have changed their online behavior and think more carefully about where they go, what they say, and what they do online.” Set aside for a moment that just the federal government’s collection of the data of innocent Americans is itself likely a violation of the Fourth Amendment. The Harris poll is just one of numerous studies highlighting the collateral damage to American society and politics from NSA’s excesses: segments of our population are now fearful of even associating with individuals or organizations executive branch officials deem controversial or suspicious. Nearly half of Americans say they have changed their online behavior out of a fear of what the federal government might do with their personal information. The Constitution’s free association guarantee has been damaged by the Surveillance State’s very operation.
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  • The failure of the Congress and the courts to end the surveillance state, despite the repeated efforts by a huge range of political and public interest actors to effect that change through the political process, is only fueling the growing resistance movement. Federal officials understand this, which is why they are trying—desperately and in the view of some, underhandedly—to shut down this digital resistance movement. This action/reaction cycle is exactly what it appears to be: an escalating conflict between the American public and its government. Without comprehensive surveillance authority reforms (including a journalist “shield law” and ironclad whistleblower protections for Intelligence Community contractors) that are verifiable and enforceable, that conflict will only continue.
Paul Merrell

Tripling Its Collection, NSA Sucked Up Over 530 Million US Phone Records in 2017 - 0 views

  • he National Security Agency (NSA) collected over 530 million phone records of Americans in 2017—that's three times the amount the spy agency sucked up in 2016. The figures were released Friday in an annual report from the Office of the Director of National Intelligence (ODNI). It shows that the number of "call detail records" the agency collected from telecommunications providers during Trump's first year in office was 534 million, compared to 151 million the year prior. "The intelligence community's transparency has yet to extend to explaining dramatic increases in their collection," said Robyn Greene, policy counsel at the Open Technology Institute. The content of the calls itself is not collected but so-called "metadata," which, as Gizmodo notes, "is supposedly anonymous, but it can easily be used to identify an individual. The information can also be paired with other publicly available information from social media and other sources to paint a surprisingly detailed picture of a person's life." The report also revealed that the agency, using its controversial Section 702 authority, increased the number of foreign targets of warrantless surveillance. It was 129,080 in 2017 compared to 106,469 in 2016. As digital rights group EFF noted earlier this year, Under Section 702, the NSA collects billions of communications, including those belonging to innocent Americans who are not actually targeted. These communications are then placed in databases that other intelligence and law enforcement agencies can access—for purposes unrelated to national security—without a warrant or any judicial review. "Overall," Jake Laperruque, senior counsel at the Project On Government Oversight, said to ZDNet, "the numbers show that the scale of warrantless surveillance is growing at a significant rate, but ODNI still won't tell Americans how much it affects them."
Gonzalo San Gil, PhD.

HTTPS Everywhere | Electronic Frontier Foundation - 0 views

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    [HTTPS Everywhere 1.0 has been released, and the project is out of beta. Version 1.0.1 includes support for over 1,000 new sites, a better UI, and performance improvements. Click here to install it!]
Gonzalo San Gil, PhD.

Privacy Badger | Electronic Frontier Foundation - 0 views

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    [Privacy Badger blocks spying ads and invisible trackers.]
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    I've been using it for about a month as a Chrome extension, which at least at the time was still in beta. It hasn't caused any problems on either the Linux or Windows boxes. It appears to be working as intended on both systems. The sliders discussed in the article only appear if you are viewing a page that has identified or candidate cookie tracking characteristics. Some it blocks itself. Others, you have to use a slider on to set whether it will be blocked or wait until the program acquires enough data about that site to make a decision to block. The program does not use a blacklist of sites, although it comes with a white list built in of sites that honor the do not track browser setting. But once a tracking cookie is blocked, it's blocked for all sites you visit. So this isn't instant complete tracking cookie security. It's designed to improve your experience with the number of sites whose tracking cookies follow your tracks around the Web. But this is not a mature program. Its effectiveness will improve with each update.
Paul Merrell

Detekt Is Free Software That Spots Computer Spyware - Businessweek - 0 views

  • For more than two years, researchers and rights activists have tracked the proliferation and abuse of computer spyware that can watch people in their homes and intercept their e-mails. Now they’ve built a tool that can help the targets protect themselves.The free, downloadable software, called Detekt, searches computers for the presence of malicious programs that have been built to evade detection. The spyware ranges from government-grade products used by intelligence and police agencies to hacker staples known as RATs—remote administration tools. Detekt, which was developed by security researcher Claudio Guarnieri, is being released in a partnership with advocacy groups Amnesty International, Digitale Gesellschaft, the Electronic Frontier Foundation, and Privacy International.Guarnieri says his tool finds hidden spy programs by seeking unique patterns on computers that indicate a specific malware is running. He warns users not to expect his program (which is available only for Windows machines) to find all spyware, and notes that the release of Detekt could spur malware developers to further cloak their code.
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