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Paul Merrell

European Human Rights Court Deals a Heavy Blow to the Lawfulness of Bulk Surveillance | Just Security - 0 views

www.justsecurity.org/...w-lawfulness-bulk-surveillance

surveillance state bulk-collection ECHR litigation

shared by Paul Merrell on 11 Dec 15 - No Cached
  • In a seminal decision updating and consolidating its previous jurisprudence on surveillance, the Grand Chamber of the European Court of Human Rights took a sideways swing at mass surveillance programs last week, reiterating the centrality of “reasonable suspicion” to the authorization process and the need to ensure interception warrants are targeted to an individual or premises. The decision in Zakharov v. Russia — coming on the heels of the European Court of Justice’s strongly-worded condemnation in Schrems of interception systems that provide States with “generalised access” to the content of communications — is another blow to governments across Europe and the United States that continue to argue for the legitimacy and lawfulness of bulk collection programs. It also provoked the ire of the Russian government, prompting an immediate legislative move to give the Russian constitution precedence over Strasbourg judgments. The Grand Chamber’s judgment in Zakharov is especially notable because its subject matter — the Russian SORM system of interception, which includes the installation of equipment on telecommunications networks that subsequently enables the State direct access to the communications transiting through those networks — is similar in many ways to the interception systems currently enjoying public and judicial scrutiny in the United States, France, and the United Kingdom. Zakharov also provides a timely opportunity to compare the differences between UK and Russian law: Namely, Russian law requires prior independent authorization of interception measures, whereas neither the proposed UK law nor the existing legislative framework do.
  • The decision is lengthy and comprises a useful restatement and harmonization of the Court’s approach to standing (which it calls “victim status”) in surveillance cases, which is markedly different from that taken by the US Supreme Court. (Indeed, Judge Dedov’s separate but concurring opinion notes the contrast with Clapper v. Amnesty International.) It also addresses at length issues of supervision and oversight, as well as the role played by notification in ensuring the effectiveness of remedies. (Marko Milanovic discusses many of these issues here.) For the purpose of the ongoing debate around the legitimacy of bulk surveillance regimes under international human rights law, however, three particular conclusions of the Court are critical.
  • The Court took issue with legislation permitting the interception of communications for broad national, military, or economic security purposes (as well as for “ecological security” in the Russian case), absent any indication of the particular circumstances under which an individual’s communications may be intercepted. It said that such broadly worded statutes confer an “almost unlimited degree of discretion in determining which events or acts constitute such a threat and whether that threat is serious enough to justify secret surveillance” (para. 248). Such discretion cannot be unbounded. It can be limited through the requirement for prior judicial authorization of interception measures (para. 249). Non-judicial authorities may also be competent to authorize interception, provided they are sufficiently independent from the executive (para. 258). What is important, the Court said, is that the entity authorizing interception must be “capable of verifying the existence of a reasonable suspicion against the person concerned, in particular, whether there are factual indications for suspecting that person of planning, committing or having committed criminal acts or other acts that may give rise to secret surveillance measures, such as, for example, acts endangering national security” (para. 260). This finding clearly constitutes a significant threshold which a number of existing and pending European surveillance laws would not meet. For example, the existence of individualized reasonable suspicion runs contrary to the premise of signals intelligence programs where communications are intercepted in bulk; by definition, those programs collect information without any consideration of individualized suspicion. Yet the Court was clearly articulating the principle with national security-driven surveillance in mind, and with the knowledge that interception of communications in Russia is conducted by Russian intelligence on behalf of law enforcement agencies.
  • ...6 more annotations...
  • This element of the Grand Chamber’s decision distinguishes it from prior jurisprudence of the Court, namely the decisions of the Third Section in Weber and Saravia v. Germany (2006) and of the Fourth Section in Liberty and Ors v. United Kingdom (2008). In both cases, the Court considered legislative frameworks which enable bulk interception of communications. (In the German case, the Court used the term “strategic monitoring,” while it referred to “more general programmes of surveillance” in Liberty.) In the latter case, the Fourth Section sought to depart from earlier European Commission of Human Rights — the court of first instance until 1998 — decisions which developed the requirements of the law in the context of surveillance measures targeted at specific individuals or addresses. It took note of the Weber decision which “was itself concerned with generalized ‘strategic monitoring’, rather than the monitoring of individuals” and concluded that there was no “ground to apply different principles concerning the accessibility and clarity of the rules governing the interception of individual communications, on the one hand, and more general programmes of surveillance, on the other” (para. 63). The Court in Liberty made no mention of any need for any prior or reasonable suspicion at all.
  • In Weber, reasonable suspicion was addressed only at the post-interception stage; that is, under the German system, bulk intercepted data could be transmitted from the German Federal Intelligence Service (BND) to law enforcement authorities without any prior suspicion. The Court found that the transmission of personal data without any specific prior suspicion, “in order to allow the institution of criminal proceedings against those being monitored” constituted a fairly serious interference with individuals’ privacy rights that could only be remedied by safeguards and protections limiting the extent to which such data could be used (para. 125). (In the context of that case, the Court found that Germany’s protections and restrictions were sufficient.) When you compare the language from these three cases, it would appear that the Grand Chamber in Zakharov is reasserting the requirement for individualized reasonable suspicion, including in national security cases, with full knowledge of the nature of surveillance considered by the Court in its two recent bulk interception cases.
  • The requirement of reasonable suspicion is bolstered by the Grand Chamber’s subsequent finding in Zakharov that the interception authorization (e.g., the court order or warrant) “must clearly identify a specific person to be placed under surveillance or a single set of premises as the premises in respect of which the authorisation is ordered. Such identification may be made by names, addresses, telephone numbers or other relevant information” (para. 264). In making this finding, it references paragraphs from Liberty describing the broad nature of the bulk interception warrants under British law. In that case, it was this description that led the Court to find the British legislation possessed insufficient clarity on the scope or manner of exercise of the State’s discretion to intercept communications. In one sense, therefore, the Grand Chamber seems to be retroactively annotating the Fourth Section’s Liberty decision so that it might become consistent with its decision in Zakharov. Without this revision, the Court would otherwise appear to depart to some extent — arguably, purposefully — from both Liberty and Weber.
  • Finally, the Grand Chamber took issue with the direct nature of the access enjoyed by Russian intelligence under the SORM system. The Court noted that this contributed to rendering oversight ineffective, despite the existence of a requirement for prior judicial authorization. Absent an obligation to demonstrate such prior authorization to the communications service provider, the likelihood that the system would be abused through “improper action by a dishonest, negligent or overly zealous official” was quite high (para. 270). Accordingly, “the requirement to show an interception authorisation to the communications service provider before obtaining access to a person’s communications is one of the important safeguards against abuse by the law-enforcement authorities” (para. 269). Again, this requirement arguably creates an unconquerable barrier for a number of modern bulk interception systems, which rely on the use of broad warrants to authorize the installation of, for example, fiber optic cable taps that facilitate the interception of all communications that cross those cables. In the United Kingdom, the Independent Reviewer of Terrorism Legislation David Anderson revealed in his essential inquiry into British surveillance in 2015, there are only 20 such warrants in existence at any time. Even if these 20 warrants are served on the relevant communications service providers upon the installation of cable taps, the nature of bulk interception deprives this of any genuine meaning, making the safeguard an empty one. Once a tap is installed for the purposes of bulk interception, the provider is cut out of the equation and can no longer play the role the Court found so crucial in Zakharov.
  • The Zakharov case not only levels a serious blow at bulk, untargeted surveillance regimes, it suggests the Grand Chamber’s intention to actively craft European Court of Human Rights jurisprudence in a manner that curtails such regimes. Any suggestion that the Grand Chamber’s decision was issued in ignorance of the technical capabilities or intentions of States and the continued preference for bulk interception systems should be dispelled; the oral argument in the case took place in September 2014, at a time when the Court had already indicated its intention to accord priority to cases arising out of the Snowden revelations. Indeed, the Court referenced such forthcoming cases in the fact sheet it issued after the Zakharov judgment was released. Any remaining doubt is eradicated through an inspection of the multiple references to the Snowden revelations in the judgment itself. In the main judgment, the Court excerpted text from the Director of the European Union Agency for Human Rights discussing Snowden, and in the separate opinion issued by Judge Dedov, he goes so far as to quote Edward Snowden: “With each court victory, with every change in the law, we demonstrate facts are more convincing than fear. As a society, we rediscover that the value of the right is not in what it hides, but in what it protects.”
  • The full implications of the Zakharov decision remain to be seen. However, it is likely we will not have to wait long to know whether the Grand Chamber intends to see the demise of bulk collection schemes; the three UK cases (Big Brother Watch & Ors v. United Kingdom, Bureau of Investigative Journalism & Alice Ross v. United Kingdom, and 10 Human Rights Organisations v. United Kingdom) pending before the Court have been fast-tracked, indicating the Court’s willingness to continue to confront the compliance of bulk collection schemes with human rights law. It is my hope that the approach in Zakharov hints at the Court’s conviction that bulk collection schemes lie beyond the bounds of permissible State surveillance.
Paul Merrell

United States v. Cano, No. 17-50151 (9th Cir. 2019) :: Justia - 0 views

law.justia.com/...17-50151-2019-08-16.html

mobile devices border-search-&-seizure litigation

shared by Paul Merrell on 18 Aug 19 - No Cached
  • The Ninth Circuit reversed the district court's denial of defendant's motion to suppress evidence obtained from warrantless searches of his cell phone by a Customs and Border Patrol official. Applying United States v. Cotterman, 709 F.3d 952 (9th Cir. 2013) (en banc), the panel held that manual cell phone searches may be conducted by border officials without reasonable suspicion but that forensic cell phone searches require reasonable suspicion. The panel clarified Cotterman by holding that "reasonable suspicion" in this context means that officials must reasonably suspect that the cell phone contains digital contraband. Furthermore, cell phone searches at the border, whether manual or forensic, must be limited in scope to a search for digital contraband. In this case, the panel held that the officials violated the Fourth Amendment when their warrantless searches exceeded the permissible scope of a border search. Therefore, most of the evidence from the searches of defendant's cell phone should have been suppressed. Finally, the panel held that defendant's Brady claims were unpersuasive. Because the panel vacated defendant's conviction, the panel did not reach his claim of prosecutorial misconduct.
Gary Edwards

EDWARD SNOWDEN: Email Encryption Works Against The NSA - Business Insider - 0 views

www.businessinsider.com/n-works-against-the-nsa-2013-6

Encryption Cryptography Crypto NSA-Patriot-Act-NDAA PRISM Echelon-SIGINT

shared by Gary Edwards on 19 Jun 13 - No Cached
  • PGP stands for "Pretty Good Privacy." It uses two "keys," one publicly viewable to the world, the other kept solely to yourself. You can generate PGP keys to your heart's content using the free tool at iGolder and a number of other services around the web.
  • Gary Edwards on 19 Jun 13
     
    Article covers encryption method "PGP', and encryption tools from "iGolder".  There is also a Chrome Browser plugin for gmail based on "OpenPGP" available but comes with lousy reviews.  Seems there are difficulties with the interface and a complicated method. "Article 12 of the UN's Universal Declaration of Human Rights states that "no one shall be subjected to arbitrary interference with his privacy, family, home, or correspondence." It's that last one that's gotten everyone's attention lately. Just how private is your correspondence online? Depending on your politics, NSA whistleblower Edward Snowden is either a vile turncoat or a revered hero, but either way he has advice on how to stay two steps ahead of the NSA. He held an awesome "press conference" of sorts on The Guardian's website, taking written questions from readers and typing out his answers online. We were most intrigued by his response to a question about encryption. If someone wants to stay off the NSA's radar, could he or she encrypt emails and send them without arousing any suspicion? Snowden's response: "Encryption works. Properly implemented strong crypto systems are one of the few things that you can rely on. Unfortunately, endpoint security is so terrifically weak that NSA can frequently find ways around it.""
Paul Merrell

UN Report Finds Mass Surveillance Violates International Treaties and Privacy Rights - The Intercept - 0 views

firstlook.org/...ort-condemns-mass-surveillance

surveillance state UN-report digital-privacy

shared by Paul Merrell on 16 Oct 14 - No Cached
  • The United Nations’ top official for counter-terrorism and human rights (known as the “Special Rapporteur”) issued a formal report to the U.N. General Assembly today that condemns mass electronic surveillance as a clear violation of core privacy rights guaranteed by multiple treaties and conventions. “The hard truth is that the use of mass surveillance technology effectively does away with the right to privacy of communications on the Internet altogether,” the report concluded. Central to the Rapporteur’s findings is the distinction between “targeted surveillance” — which “depend[s] upon the existence of prior suspicion of the targeted individual or organization” — and “mass surveillance,” whereby “states with high levels of Internet penetration can [] gain access to the telephone and e-mail content of an effectively unlimited number of users and maintain an overview of Internet activity associated with particular websites.” In a system of “mass surveillance,” the report explained, “all of this is possible without any prior suspicion related to a specific individual or organization. The communications of literally every Internet user are potentially open for inspection by intelligence and law enforcement agencies in the States concerned.”
  • Mass surveillance thus “amounts to a systematic interference with the right to respect for the privacy of communications,” it declared. As a result, “it is incompatible with existing concepts of privacy for States to collect all communications or metadata all the time indiscriminately.” In concluding that mass surveillance impinges core privacy rights, the report was primarily focused on the International Covenant on Civil and Political Rights, a treaty enacted by the General Assembly in 1966, to which all of the members of the “Five Eyes” alliance are signatories. The U.S. ratified the treaty in 1992, albeit with various reservations that allowed for the continuation of the death penalty and which rendered its domestic law supreme. With the exception of the U.S.’s Persian Gulf allies (Saudi Arabia, UAE and Qatar), virtually every major country has signed the treaty. Article 17 of the Covenant guarantees the right of privacy, the defining protection of which, the report explained, is “that individuals have the right to share information and ideas with one another without interference by the State, secure in the knowledge that their communication will reach and be read by the intended recipients alone.”
  • The report’s key conclusion is that this core right is impinged by mass surveillance programs: “Bulk access technology is indiscriminately corrosive of online privacy and impinges on the very essence of the right guaranteed by article 17. In the absence of a formal derogation from States’ obligations under the Covenant, these programs pose a direct and ongoing challenge to an established norm of international law.” The report recognized that protecting citizens from terrorism attacks is a vital duty of every state, and that the right of privacy is not absolute, as it can be compromised when doing so is “necessary” to serve “compelling” purposes. It noted: “There may be a compelling counter-terrorism justification for the radical re-evaluation of Internet privacy rights that these practices necessitate. ” But the report was adamant that no such justifications have ever been demonstrated by any member state using mass surveillance: “The States engaging in mass surveillance have so far failed to provide a detailed and evidence-based public justification for its necessity, and almost no States have enacted explicit domestic legislation to authorize its use.”
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  • Instead, explained the Rapporteur, states have relied on vague claims whose validity cannot be assessed because of the secrecy behind which these programs are hidden: “The arguments in favor of a complete abrogation of the right to privacy on the Internet have not been made publicly by the States concerned or subjected to informed scrutiny and debate.” About the ongoing secrecy surrounding the programs, the report explained that “states deploying this technology retain a monopoly of information about its impact,” which is “a form of conceptual censorship … that precludes informed debate.” A June report from the High Commissioner for Human Rights similarly noted “the disturbing lack of governmental transparency associated with surveillance policies, laws and practices, which hinders any effort to assess their coherence with international human rights law and to ensure accountability.” The rejection of the “terrorism” justification for mass surveillance as devoid of evidence echoes virtually every other formal investigation into these programs. A federal judge last December found that the U.S. Government was unable to “cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack.” Later that month, President Obama’s own Review Group on Intelligence and Communications Technologies concluded that mass surveillance “was not essential to preventing attacks” and information used to detect plots “could readily have been obtained in a timely manner using conventional [court] orders.”
  • That principle — that the right of internet privacy belongs to all individuals, not just Americans — was invoked by NSA whistleblower Edward Snowden when he explained in a June, 2013 interview at The Guardian why he disclosed documents showing global surveillance rather than just the surveillance of Americans: “More fundamentally, the ‘US Persons’ protection in general is a distraction from the power and danger of this system. Suspicionless surveillance does not become okay simply because it’s only victimizing 95% of the world instead of 100%.” The U.N. Rapporteur was clear that these systematic privacy violations are the result of a union between governments and tech corporations: “States increasingly rely on the private sector to facilitate digital surveillance. This is not confined to the enactment of mandatory data retention legislation. Corporates [sic] have also been directly complicit in operationalizing bulk access technology through the design of communications infrastructure that facilitates mass surveillance. ”
  • The report was most scathing in its rejection of a key argument often made by American defenders of the NSA: that mass surveillance is justified because Americans are given special protections (the requirement of a FISA court order for targeted surveillance) which non-Americans (95% of the world) do not enjoy. Not only does this scheme fail to render mass surveillance legal, but it itself constitutes a separate violation of international treaties (emphasis added): The Special Rapporteur concurs with the High Commissioner for Human Rights that where States penetrate infrastructure located outside their territorial jurisdiction, they remain bound by their obligations under the Covenant. Moreover, article 26 of the Covenant prohibits discrimination on grounds of, inter alia, nationality and citizenship. The Special Rapporteur thus considers that States are legally obliged to afford the same privacy protection for nationals and non-nationals and for those within and outside their jurisdiction. Asymmetrical privacy protection regimes are a clear violation of the requirements of the Covenant.
  • Three Democratic Senators on the Senate Intelligence Committee wrote in The New York Times that “the usefulness of the bulk collection program has been greatly exaggerated” and “we have yet to see any proof that it provides real, unique value in protecting national security.” A study by the centrist New America Foundation found that mass metadata collection “has had no discernible impact on preventing acts of terrorism” and, where plots were disrupted, “traditional law enforcement and investigative methods provided the tip or evidence to initiate the case.” It labeled the NSA’s claims to the contrary as “overblown and even misleading.” While worthless in counter-terrorism policies, the UN report warned that allowing mass surveillance to persist with no transparency creates “an ever present danger of ‘purpose creep,’ by which measures justified on counter-terrorism grounds are made available for use by public authorities for much less weighty public interest purposes.” Citing the UK as one example, the report warned that, already, “a wide range of public bodies have access to communications data, for a wide variety of purposes, often without judicial authorization or meaningful independent oversight.”
  • The latest finding adds to the growing number of international formal rulings that the mass surveillance programs of the U.S. and its partners are illegal. In January, the European parliament’s civil liberties committee condemned such programs in “the strongest possible terms.” In April, the European Court of Justice ruled that European legislation on data retention contravened EU privacy rights. A top secret memo from the GCHQ, published last year by The Guardian, explicitly stated that one key reason for concealing these programs was fear of a “damaging public debate” and specifically “legal challenges against the current regime.” The report ended with a call for far greater transparency along with new protections for privacy in the digital age. Continuation of the status quo, it warned, imposes “a risk that systematic interference with the security of digital communications will continue to proliferate without any serious consideration being given to the implications of the wholesale abandonment of the right to online privacy.” The urgency of these reforms is underscored, explained the Rapporteur, by a conclusion of the United States Privacy and Civil Liberties Oversight Board that “permitting the government to routinely collect the calling records of the entire nation fundamentally shifts the balance of power between the state and its citizens.”
Paul Merrell

Huawei launches first product with own operating system - 0 views

sg.news.yahoo.com/system-171302348--finance.html

Huawei HarmonyOS Android sanctions

shared by Paul Merrell on 15 Aug 19 - No Cached
  • Chinese telecom giant Huawei, which has been caught in the crossfires of the Washington-Beijing trade war, on Saturday unveiled a new smart television, the first product to use its own operating system.The television will be available from Thursday in China and marks the first use of HarmonyOS, chief executive George Zhao said, adding that it will be marketed by its mid-range brand, Honor.Huawei revealed its highly-anticipated HarmonyOS on Friday as an alternative operating system for phones and other smart devices in the event that looming US sanctions prevent the firm from using Android technology.American companies are theoretically no longer allowed to sell technology products to Huawei, but a three-month exemption period -- which ends next week -- was granted by Washington before the measure came into force.That ban could stop the tech giant from getting hold of key hardware and software, including smartphone chips and elements of the Google Android operating system, which runs the vast majority of smartphones in the world, including Huawei's.Huawei -- considered the world leader in fast fifth-generation or 5G equipment and the world's number two smartphone producer -- has been blacklisted by US President Donald Trump amid suspicions it provides a backdoor for Chinese intelligence services, which the firm denies.
Paul Merrell

Federal Court Rules Suspicionless Searches of Travelers' Phones and Laptops Unconstitutional | Electronic Frontier Foundation - 1 views

www.eff.org/...s-travelers-phones-and-laptops

digital-privacy litigation border-searches EFF ACLU ICE CBP

shared by Paul Merrell on 13 Nov 19 - No Cached
  • n a major victory for privacy rights at the border, a federal court in Boston ruled today that suspicionless searches of travelers’ electronic devices by federal agents at airports and other U.S. ports of entry are unconstitutional. The ruling came in a lawsuit, Alasaad v. McAleenan, filed by the American Civil Liberties Union (ACLU), Electronic Frontier Foundation (EFF), and ACLU of Massachusetts, on behalf of 11 travelers whose smartphones and laptops were searched without individualized suspicion at U.S. ports of entry.“This ruling significantly advances Fourth Amendment protections for millions of international travelers who enter the United States every year,” said Esha Bhandari, staff attorney with the ACLU’s Speech, Privacy, and Technology Project. “By putting an end to the government’s ability to conduct suspicionless fishing expeditions, the court reaffirms that the border is not a lawless place and that we don’t lose our privacy rights when we travel.”
  • The district court order puts an end to Customs and Border Control (CBP) and Immigration and Customs Enforcement (ICE) asserted authority to search and seize travelers’ devices for purposes far afield from the enforcement of immigration and customs laws. Border officers must now demonstrate individualized suspicion of illegal contraband before they can search a traveler’s device. The number of electronic device searches at U.S. ports of entry has increased significantly. Last year, CBP conducted more than 33,000 searches, almost four times the number from just three years prior. International travelers returning to the United States have reported numerous cases of abusive searches in recent months. While searching through the phone of Zainab Merchant, a plaintiff in the Alasaad case, a border agent knowingly rifled through privileged attorney-client communications. An immigration officer at Boston Logan Airport reportedly searched an incoming Harvard freshman’s cell phone and laptop, reprimanded the student for friends’ social media postings expressing views critical of the U.S. government, and denied the student entry into the country following the search.For the order:https://www.eff.org/document/alasaad-v-nielsen-summary-judgment-order For more on this case:https://www.eff.org/cases/alasaad-v-duke
Paul Merrell

Testosterone Pit - Home - The Other Reason Why IBM Throws A Billion At Linux (With NSA- Designed Backdoor) - 0 views

www.testosteronepit.com/...billion-at-linux-with-nsa.html

surveillance state NSA Linux Linux-backdoor Solaris FreeBSD Darwin

shared by Paul Merrell on 18 Oct 13 - No Cached
  • IBM announced today that it would throw another billion at Linux, the open-source operating system, to run its Power System servers. The first time it had thrown a billion at Linux was in 2001, when Linux was a crazy, untested, even ludicrous proposition for the corporate world. So the moolah back then didn’t go to Linux itself, which was free, but to related technologies across hardware, software, and service, including things like sales and advertising – and into IBM’s partnership with Red Hat which was developing its enterprise operating system, Red Hat Enterprise Linux. “It helped start a flurry of innovation that has never slowed,” said Jim Zemlin, executive director of the Linux Foundation. IBM claims that the investment would “help clients capitalize on big data and cloud computing with modern systems built to handle the new wave of applications coming to the data center in the post-PC era.” Some of the moolah will be plowed into the Power Systems Linux Center in Montpellier, France, which opened today. IBM’s first Power Systems Linux Center opened in Beijing in May. IBM may be trying to make hay of the ongoing revelations that have shown that the NSA and other intelligence organizations in the US and elsewhere have roped in American tech companies of all stripes with huge contracts to perfect a seamless spy network. They even include physical aspects of surveillance, such as license plate scanners and cameras, which are everywhere [read.... Surveillance Society: If You Drive, You Get Tracked].
  • Then another boon for IBM. Experts at the German Federal Office for Security in Information Technology (BIS) determined that Windows 8 is dangerous for data security. It allows Microsoft to control the computer remotely through a “special surveillance chip,” the wonderfully named Trusted Platform Module (TPM), and a backdoor in the software – with keys likely accessible to the NSA and possibly other third parties, such as the Chinese. Risks: “Loss of control over the operating system and the hardware” [read.... LEAKED: German Government Warns Key Entities Not To Use Windows 8 – Links The NSA.
  • It would be an enormous competitive advantage for an IBM salesperson to walk into a government or corporate IT department and sell Big Data servers that don’t run on Windows, but on Linux. With the Windows 8 debacle now in public view, IBM salespeople don’t even have to mention it. In the hope of stemming the pernicious revenue decline their employer has been suffering from, they can politely and professionally hype the security benefits of IBM’s systems and mention in passing the comforting fact that some of it would be developed in the Power Systems Linux Centers in Montpellier and Beijing. Alas, Linux too is tarnished. The backdoors are there, though the code can be inspected, unlike Windows code. And then there is Security-Enhanced Linux (SELinux), which was integrated into the Linux kernel in 2003. It provides a mechanism for supporting “access control” (a backdoor) and “security policies.” Who developed SELinux? Um, the NSA – which helpfully discloses some details on its own website (emphasis mine): The results of several previous research projects in this area have yielded a strong, flexible mandatory access control architecture called Flask. A reference implementation of this architecture was first integrated into a security-enhanced Linux® prototype system in order to demonstrate the value of flexible mandatory access controls and how such controls could be added to an operating system. The architecture has been subsequently mainstreamed into Linux and ported to several other systems, including the Solaris™ operating system, the FreeBSD® operating system, and the Darwin kernel, spawning a wide range of related work.
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  • Among a slew of American companies who contributed to the NSA’s “mainstreaming” efforts: Red Hat. And IBM? Like just about all of our American tech heroes, it looks at the NSA and other agencies in the Intelligence Community as “the Customer” with deep pockets, ever increasing budgets, and a thirst for technology and data. Which brings us back to Windows 8 and TPM. A decade ago, a group was established to develop and promote Trusted Computing that governs how operating systems and the “special surveillance chip” TPM work together. And it too has been cooperating with the NSA. The founding members of this Trusted Computing Group, as it’s called facetiously: AMD, Cisco, Hewlett-Packard, Intel, Microsoft, and Wave Systems. Oh, I almost forgot ... and IBM. And so IBM might not escape, despite its protestations and slick sales presentations, the suspicion by foreign companies and governments alike that its Linux servers too have been compromised – like the cloud products of other American tech companies. And now, they’re going to pay a steep price for their cooperation with the NSA. Read...  NSA Pricked The “Cloud” Bubble For US Tech Companies
Gary Edwards

The real reason Google is making Chrome | Computerworld Blogs - 0 views

blogs.computerworld.com/reason_google_is_making_chrome

chrome msoffice ria webkit

shared by Gary Edwards on 08 Sep 08 - Cached
  • Gary Edwards on 08 Sep 08
     
    Good analysis by Stephen Vaughan-Nichols. He gets it right. Sort of. Stephen believes that Chrome is desinged to kill MSOffice. Maybe, but i think it's way too late for that. IMHO, Chrome is designed to keep Google and the Open Web in the game. A game that Microsoft is likely to run away with. Microsoft has built an easy to use transiton bridge form MSOffice desktop centric "client/server" computing model to a Web centirc but proprietary RiA-WebStack-Cloud model. In short, there is an on going great transtion of traditional client/server apps to an emerging model we might call client/ WebStack-Cloud-RiA /server computing model. As the world shifts from a Web document model to one driven by Web Applications, there is i believe a complimentary shift towards the advantage Micorsoft holds via the desktop "client/server" monopoly. For Microsoft, this is just a transtion. Painful from a monopolist profitability view point - but unavoidably necessary. The transition is no doubt helped by the OOXML <> XAML "Fixed/flow" Silverlight ready conversion component. MS also has a WebStack-Cloud (Mesh) story that has become an unstoppable juggernaut (Exchange/SharePoint/SQL Server as the WebSTack). WebKit based RiA challengers like Adobe Apollo, Google Chrome, and Apple SproutCore-Cocoa have to figure out how to crack into the great transition. MS has succeeded in protecting their MSOffice monopoly until such time as they had all the transtion pieces in place. They have a decided advantage here. It's also painfully obvious that the while the WebKit guys have incredible innovation on their side, they are still years behind the complete desktop to WebStack-RiA-Cloud to device to legacy servers application story Microsoft is now selling into the marketplace. They also are seriously lacking in developer tools. Still, the future of the Open Web hangs in the balance. Rather than trying to kill MSOffice, i would think a better approach would be that of trying to
  • Gary Edwards on 08 Sep 08
     
    There are five reasons why Google is doing this, and, if you read the comic book closely - yes, I'm serious - and you know technology you can see the reasons for yourself. These, in turn, lead to what I think is Google's real goal for Chrome.
  • Paul Merrell on 09 Sep 08
     
    I'm still keeping the door open on a suspicion that Microsoft may have planned to end the life of MS Office after the new fortress on the server side is ready. The code base is simply too brittle to have a competitive future in the feature wars. I can't get past my belief that if Microsoft saw any future in the traditional client-side office suite, it would have been building a new one a decade ago. Too many serious bugs too deeply buried in spaghetti code to fix; it's far easier to rebuild from the ground up. Word dates to 1984, Excel to 1985, Powerpoint to 1987, All were developed for the Mac, ported years later to Windows. At least Word is still running a deeply flawed 16-bit page layout engine. E.g., page breaks across subdocuments have been broken since Word 1.0. Technology designed to replace yet still largely defined by its predecessor, the IBM Correcting Selectric electro-mechanical typewriter. Mid-80s stand-alone, non-networked computer technology in the World Wide Web era? Where's the future in software architecture developed two decades ago, before the Connected World? I suspect Office's end is near. Microsoft's problem is migrating their locked-in customers to the new fortress on the server side. The bridge is OOXML. In other words, Google doesn't have to kill Office; Microsoft will do that itself. Giving the old cash cow a face lift and fresh coat of lipstick? That's the surest sign that the old cow's owner is keeping a close eye on prices in the commodity hamburger market while squeezing out the last few buckets of milk.
Paul Merrell

Beware the Dangers of Congress' Latest Cybersecurity Bill | American Civil Liberties Union - 0 views

www.aclu.org/...ress-latest-cybersecurity-bill

surveillance state legislation ACLU cybersecurity

shared by Paul Merrell on 01 Jul 14 - No Cached
  • A new cybersecurity bill poses serious threats to our privacy, gives the government extraordinary powers to silence potential whistleblowers, and exempts these dangerous new powers from transparency laws. The Cybersecurity Information Sharing Act of 2014 ("CISA") was scheduled to be marked up by the Senate Intelligence Committee yesterday but has been delayed until after next week's congressional recess. The response to the proposed legislation from the privacy, civil liberties, tech, and open government communities was quick and unequivocal – this bill must not go through. The bill would create a massive loophole in our existing privacy laws by allowing the government to ask companies for "voluntary" cooperation in sharing information, including the content of our communications, for cybersecurity purposes. But the definition they are using for the so-called "cybersecurity information" is so broad it could sweep up huge amounts of innocent Americans' personal data. The Fourth Amendment protects Americans' personal data and communications from undue government access and monitoring without suspicion of criminal activity. The point of a warrant is to guard that protection. CISA would circumvent the warrant requirement by allowing the government to approach companies directly to collect personal information, including telephonic or internet communications, based on the new broadly drawn definition of "cybersecurity information."
  • While we hope many companies would jealously guard their customers' information, there is a provision in the bill that would excuse sharers from any liability if they act in "good faith" that the sharing was lawful. Collected information could then be used in criminal proceedings, creating a dangerous end-run around laws like the Electronic Communications Privacy Act, which contain warrant requirements. In addition to the threats to every American's privacy, the bill clearly targets potential government whistleblowers. Instead of limiting the use of data collection to protect against actual cybersecurity threats, the bill allows the government to use the data in the investigation and prosecution of people for economic espionage and trade secret violations, and under various provisions of the Espionage Act. It's clear that the law is an attempt to give the government more power to crack down on whistleblowers, or "insider threats," in popular bureaucratic parlance. The Obama Administration has brought more "leaks" prosecutions against government whistleblowers and members of the press than all previous administrations combined. If misused by this or future administrations, CISA could eliminate due process protections for such investigations, which already favor the prosecution.
  • While actively stripping Americans' privacy protections, the bill also cloaks "cybersecurity"-sharing in secrecy by exempting it from critical government transparency protections. It unnecessarily and dangerously provides exemptions from state and local sunshine laws as well as the federal Freedom of Information Act. These are both powerful tools that allow citizens to check government activities and guard against abuse. Edward Snowden's revelations from the past year, of invasive spying programs like PRSIM and Stellar Wind, have left Americans shocked and demanding more transparency by government agencies. CISA, however, flies in the face of what the public clearly wants. (Two coalition letters, here and here, sent to key members of the Senate yesterday detail the concerns of a broad coalition of organizations, including the ACLU.)
  • Paul Merrell on 01 Jul 14
     
    Text of the bill is on Sen. Diane Feinstein's site, http://goo.gl/2cdsSA It is truly a bummer.
Paul Merrell

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

justsecurity.org/...lection-leave-plenty-loopholes

surveillance state NSA-reform DNI Clapper voluntary-reforms

shared by Paul Merrell on 05 Feb 15 - No Cached
  • Director of National Intelligence James Clapper this morning released&nbsp;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 &nbsp;(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.&nbsp; 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.
  • ...1 more annotation...
  • 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&nbsp;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?
Gonzalo San Gil, PhD.

Yes, the NSA Worried About Whether Spying Would Backfire | WIRED - 1 views

www.wired.com/...-whether-spying-would-backfire

nsa worries spying citizens backfire wired

shared by Gonzalo San Gil, PhD. on 16 Nov 15 - No Cached
  • Gonzalo San Gil, PhD. on 16 Nov 15
     
    ""For all the time I worked on all of these issues, this was a constant discussion," Olsen says. "How do we calibrate what we're trying to do for the country with how to protect civil liberties and privacy?""
  • Paul Merrell on 16 Nov 15
     
    NSA can't credibly claim surprise at how people reacted to the Snowden disclosures. NSA's spying on U.S. citizens was first uncovered by the Senate's Church Committee in about 1976. Congress enacted legslation unequivocally telling NSA and the Defense Department that spying on Americans was not to happen again (and that the CIA was to immediately cease spying within the territorial boundaries of the U.S.). Then came the Total Information Awareness scandal, when Congress discovered that DoD was right back at it again, this time operating from under the cover of the Defense Advanced Research Projects Agency. Congress responded by abolishing the program and eliminating the job position of its director, former Admiral John Poindexter of Iran/Contra scandal fame. But rather than complying with the abolition order, most of the TIA program's staff, hardware, software, and data was simply transferred to NSA. NSA, of course, persuaded the Justice Department to secretly reinterpret key provisions of the Patriot Act more broadly than a First Grade preschooler would allow to continue spying on U.S. citizens. Indeed, anyone whose college education included the assignment to read and discuss George Orwell's 1984 would have known that NSA's program had drastically outgrown the limits of what a free society would tolerate. So this is really about deliberate defiance of the limits established by the Constitution and Congressional enactments, not about anything even remotely legal or morally acceptable. The fact that Congress did not react strongly after the Snowden disclosures, as it had after the Church Committee's report and discovery of the TIA program raises a strong suspicion that members of Congress have been blackmailed into submission using information about them gathered via NSA surveillance. We know from whistleblowers Edward Snowden and Russell Tice that members of Congress were surveilled by NSA, yet not even that violation has been taken up by Congress. Instead
Paul Merrell

Trump administration pulls back curtain on secretive cybersecurity process - The Washington Post - 0 views

www.washingtonpost.com/...7-aa96-54417592cf72_story.html

surveillance state cybersecurity software-vulnerabilities U.S. transparency

shared by Paul Merrell on 16 Nov 17 - No Cached
  • The White House on Wednesday made public for the first time the rules by which the government decides to disclose or keep secret software flaws that can be turned into cyberweapons — whether by U.S. agencies hacking for foreign intelligence, money-hungry criminals or foreign spies seeking to penetrate American computers. The move to publish an un­classified charter responds to years of criticism that the process was unnecessarily opaque, fueling suspicion that it cloaked a stockpile of software flaws that the National Security Agency was hoarding to go after foreign targets but that put Americans’ cyber­security at risk.
  • The rules are part of the “Vulnerabilities Equities Process,” which the Obama administration revamped in 2014 as a multi­agency forum to debate whether and when to inform companies such as Microsoft and Juniper that the government has discovered or bought a software flaw that, if weaponized, could affect the security of their product. The Trump administration has mostly not altered the rules under which the government reaches a decision but is disclosing its process. Under the VEP, an “equities review board” of at least a dozen national security and civilian agencies will meet monthly — or more often, if a need arises — to discuss newly discovered vulnerabilities. Besides the NSA, the CIA and the FBI, the list includes the Treasury, Commerce and State departments, and the Office of Management and Budget. The priority is on disclosure, the policy states, to protect core Internet systems, the U.S. economy and critical infrastructure, unless there is “a demonstrable, overriding interest” in using the flaw for intelligence or law enforcement purposes. The government has long said that it discloses the vast majority — more than 90 percent — of the vulnerabilities it discovers or buys in products from defense contractors or other sellers. In recent years, that has amounted to more than 100 a year, according to people familiar with the process. But because the process was classified, the National Security Council, which runs the discussion, was never able to reveal any numbers. Now, Joyce said, the number of flaws disclosed and the number retained will be made public in an annual report. A classified version will be sent to Congress, he said.
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