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Paul Merrell

Inside the NSA's War on Internet Security - SPIEGEL ONLINE - 0 views

  • US and British intelligence agencies undertake every effort imaginable to crack all types of encrypted Internet communication. The cloud, it seems, is full of holes. The good news: New Snowden documents show that some forms of encryption still cause problems for the NSA.
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    A must-read. Identifies which encryption methods the NSA has cracked, which they can't, and which they  have difficulties with.
Paul Merrell

Why the Sony hack is unlikely to be the work of North Korea. | Marc's Security Ramblings - 0 views

  • Everyone seems to be eager to pin the blame for the Sony hack on North Korea. However, I think it’s unlikely. Here’s why:1. The broken English looks deliberately bad and doesn’t exhibit any of the classic comprehension mistakes you actually expect to see in “Konglish”. i.e it reads to me like an English speaker pretending to be bad at writing English. 2. The fact that the code was written on a PC with Korean locale & language actually makes it less likely to be North Korea. Not least because they don’t speak traditional “Korean” in North Korea, they speak their own dialect and traditional Korean is forbidden. This is one of the key things that has made communication with North Korean refugees difficult. I would find the presence of Chinese far more plausible.
  • 3. It’s clear from the hard-coded paths and passwords in the malware that whoever wrote it had extensive knowledge of Sony’s internal architecture and access to key passwords. While it’s plausible that an attacker could have built up this knowledge over time and then used it to make the malware, Occam’s razor suggests the simpler explanation of an insider. It also fits with the pure revenge tact that this started out as. 4. Whoever did this is in it for revenge. The info and access they had could have easily been used to cash out, yet, instead, they are making every effort to burn Sony down. Just think what they could have done with passwords to all of Sony’s financial accounts? With the competitive intelligence in their business documents? From simple theft, to the sale of intellectual property, or even extortion – the attackers had many ways to become rich. Yet, instead, they chose to dump the data, rendering it useless. Likewise, I find it hard to believe that a “Nation State” which lives by propaganda would be so willing to just throw away such an unprecedented level of access to the beating heart of Hollywood itself.
  • 5. The attackers only latched onto “The Interview” after the media did – the film was never mentioned by GOP right at the start of their campaign. It was only after a few people started speculating in the media that this and the communication from DPRK “might be linked” that suddenly it became linked. I think the attackers both saw this as an opportunity for “lulz” and as a way to misdirect everyone into thinking it was a nation state. After all, if everyone believes it’s a nation state, then the criminal investigation will likely die.
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  • 6. Whoever is doing this is VERY net and social media savvy. That, and the sophistication of the operation, do not match with the profile of DPRK up until now. Grugq did an excellent analysis of this aspect his findings are here – http://0paste.com/6875#md 7. Finally, blaming North Korea is the easy way out for a number of folks, including the security vendors and Sony management who are under the microscope for this. Let’s face it – most of today’s so-called “cutting edge” security defenses are either so specific, or so brittle, that they really don’t offer much meaningful protection against a sophisticated attacker or group of attackers.
  • 8. It probably also suits a number of political agendas to have something that justifies sabre-rattling at North Korea, which is why I’m not that surprised to see politicians starting to point their fingers at the DPRK also. 9. It’s clear from the leaked data that Sony has a culture which doesn’t take security very seriously. From plaintext password files, to using “password” as the password in business critical certificates, through to just the shear volume of aging unclassified yet highly sensitive data left out in the open. This isn’t a simple slip-up or a “weak link in the chain” – this is a serious organization-wide failure to implement anything like a reasonable security architecture.
  • The reality is, as things stand, Sony has little choice but to burn everything down and start again. Every password, every key, every certificate is tainted now and that’s a terrifying place for an organization to find itself. This hack should be used as the definitive lesson in why security matters and just how bad things can get if you don’t take it seriously. 10. Who do I think is behind this? My money is on a disgruntled (possibly ex) employee of Sony.
  • EDIT: This appears (at least in part) to be substantiated by a conversation the Verge had with one of the alleged hackers – http://www.theverge.com/2014/11/25/7281097/sony-pictures-hackers-say-they-want-equality-worked-with-staff-to-break-in Finally for an EXCELLENT blow by blow analysis of the breach and the events that followed, read the following post by my friends from Risk Based Security – https://www.riskbasedsecurity.com/2014/12/a-breakdown-and-analysis-of-the-december-2014-sony-hack EDIT: Also make sure you read my good friend Krypt3ia’s post on the hack – http://krypt3ia.wordpress.com/2014/12/18/sony-hack-winners-and-losers/
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    Seems that the FBI overlooked a few clues before it told Obama to go ahead and declare war against North Korea. 
Paul Merrell

Cell Phone Guide For US Protesters, Updated 2014 Edition | Electronic Frontier Foundation - 0 views

  • With major protests in the news again, we decided it's time to update our cell phone guide for protestors. A lot has changed since we last published this report in 2011, for better and for worse. On the one hand, we've learned more about the massive volume of law enforcement requests for cell phone—ranging from location information to actual content—and widespread use of dedicated cell phone surveillance technologies. On the other hand, strong Supreme Court opinions have eliminated any ambiguity about the unconstitutionality of warrantless searches of phones incident to arrest, and a growing national consensus says location data, too, is private. Protesters want to be able to communicate, to document the protests, and to share photos and video with the world. So they'll be carrying phones, and they'll face a complex set of considerations about the privacy of the data those phones hold. We hope this guide can help answer some questions about how to best protect that data, and what rights protesters have in the face of police demands.
Paul Merrell

FBI Flouts Obama Directive to Limit Gag Orders on National Security Letters - The Inter... - 0 views

  • Despite the post-Snowden spotlight on mass surveillance, the intelligence community’s easiest end-run around the Fourth Amendment since 2001 has been something called a National Security Letter. FBI agents can demand that an Internet service provider, telephone company or financial institution turn over its records on any number of people — without any judicial review whatsoever — simply by writing a letter that says the information is needed for national security purposes. The FBI at one point was cranking out over 50,000 such letters a year; by the latest count, it still issues about 60 a day. The letters look like this:
  • Recipients are legally required to comply — but it doesn’t stop there. They also aren’t allowed to mention the order to anyone, least of all the person whose data is being searched. Ever. That’s because National Security Letters almost always come with eternal gag orders. Here’s that part:
  • Despite the use of the word “now” in that first sentence, however, the FBI has yet to do any such thing. It has not announced any such change, nor explained how it will implement it, or when. Media inquiries were greeted with stalling and, finally, a no comment — ostensibly on advice of legal counsel. “There is pending litigation that deals with a lot of the same questions you’re asking, out of the Ninth Circuit,” FBI spokesman Chris Allen told me. “So for now, we’ll just have to decline to comment.” FBI lawyers are working on a court filing for that case, and “it will address” the new policy, he said. He would not say when to expect it.
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  • That means the NSL process utterly disregards the First Amendment as well. More than a year ago, President Obama announced that he was ordering the Justice Department to terminate gag orders “within a fixed time unless the government demonstrates a real need for further secrecy.” And on Feb. 3, when the Office of the Director of National Intelligence announced a handful of baby steps resulting from its “comprehensive effort to examine and enhance [its] privacy and civil liberty protections” one of the most concrete was — finally — to cap the gag orders: In response to the President’s new direction, the FBI will now presumptively terminate National Security Letter nondisclosure orders at the earlier of three years after the opening of a fully predicated investigation or the investigation’s close. Continued nondisclosures orders beyond this period are permitted only if a Special Agent in Charge or a Deputy Assistant Director determines that the statutory standards for nondisclosure continue to be satisfied and that the case agent has justified, in writing, why continued nondisclosure is appropriate.
  • There is indeed a significant case currently before the federal appeals court in San Francisco. Oral arguments were in October. A decision could come any time. But in that case, the Electronic Frontier Foundation (EFF), which is representing two unnamed communications companies that received NSLs, is calling for the entire NSL statute to be thrown out as unconstitutional — not for a tweak to the gag. And it has a March 2013 district court ruling in its favor. “The gag is a prior restraint under the First Amendment, and prior restraints have to meet an extremely high burden,” said Andrew Crocker, a legal fellow at EFF. That means going to court and meeting the burden of proof — not just signing a letter. Or as the Cato Institute’s Julian Sanchez put it, “To have such a low bar for denying persons or companies the right to speak about government orders they have been served with is anathema. And it is not very good for accountability.”
  • In a separate case, a wide range of media companies (including First Look Media, the non-profit digital media venture that produces The Intercept) are supporting a lawsuit filed by Twitter, demanding the right to say specifically how many NSLs it has received. But simply releasing companies from a gag doesn’t assure the kind of accountability that privacy advocates are saying is required by the Constitution. “What the public has to remember is a NSL is asking for your information, but it’s not asking it from you,” said Michael German, a former FBI agent who is now a fellow with the Brennan Center for Justice. “The vast majority of these things go to the very large telecommunications and financial companies who have a large stake in maintaining a good relationship with the government because they’re heavily regulated entities.”
  • So, German said, “the number of NSLs that would be exposed as a result of the release of the gag order is probably very few. The person whose records are being obtained is the one who should receive some notification.” A time limit on gags going forward also raises the question of whether past gag orders will now be withdrawn. “Obviously there are at this point literally hundreds of thousands of National Security Letters that are more than three years old,” said Sanchez. Individual review is therefore unlikely, but there ought to be some recourse, he said. And the further back you go, “it becomes increasingly implausible that a significant percentage of those are going to entail some dire national security risk.” The NSL program has a troubled history. The absolute secrecy of the program and resulting lack of accountability led to systemic abuse as documented by repeated inspector-general investigations, including improperly authorized NSLs, factual misstatements in the NSLs, improper requests under NSL statutes, requests for information based on First Amendment protected activity, “after-the-fact” blanket NSLs to “cover” illegal requests, and hundreds of NSLs for “community of interest” or “calling circle” information without any determination that the telephone numbers were relevant to authorized national security investigations.
  • Obama’s own hand-selected “Review Group on Intelligence and Communications Technologies” recommended in December 2013 that NSLs should only be issued after judicial review — just like warrants — and that any gag should end within 180 days barring judicial re-approval. But FBI director James Comey objected to the idea, calling NSLs “a very important tool that is essential to the work we do.” His argument evidently prevailed with Obama.
  • NSLs have managed to stay largely under the American public’s radar. But, Crocker says, “pretty much every time I bring it up and give the thumbnail, people are shocked. Then you go into how many are issued every year, and they go crazy.” Want to send me your old NSL and see if we can set a new precedent? Here’s how to reach me. And here’s how to leak to me.
Paul Merrell

NZ Prime Minister John Key Retracts Vow to Resign if Mass Surveillance Is Shown - 0 views

  • In August 2013, as evidence emerged of the active participation by New Zealand in the “Five Eyes” mass surveillance program exposed by Edward Snowden, the country’s conservative Prime Minister, John Key, vehemently denied that his government engages in such spying. He went beyond mere denials, expressly vowing to resign if it were ever proven that his government engages in mass surveillance of New Zealanders. He issued that denial, and the accompanying resignation vow, in order to reassure the country over fears provoked by a new bill he advocated to increase the surveillance powers of that country’s spying agency, Government Communications Security Bureau (GCSB) — a bill that passed by one vote thanks to the Prime Minister’s guarantees that the new law would not permit mass surveillance.
  • Since then, a mountain of evidence has been presented that indisputably proves that New Zealand does exactly that which Prime Minister Key vehemently denied — exactly that which he said he would resign if it were proven was done. Last September, we reported on a secret program of mass surveillance at least partially implemented by the Key government that was designed to exploit the very law that Key was publicly insisting did not permit mass surveillance. At the time, Snowden, citing that report as well as his own personal knowledge of GCSB’s participation in the mass surveillance tool XKEYSCORE, wrote in an article for The Intercept: Let me be clear: any statement that mass surveillance is not performed in New Zealand, or that the internet communications are not comprehensively intercepted and monitored, or that this is not intentionally and actively abetted by the GCSB, is categorically false. . . . The prime minister’s claim to the public, that “there is no and there never has been any mass surveillance” is false. The GCSB, whose operations he is responsible for, is directly involved in the untargeted, bulk interception and algorithmic analysis of private communications sent via internet, satellite, radio, and phone networks.
  • A series of new reports last week by New Zealand journalist Nicky Hager, working with my Intercept colleague Ryan Gallagher, has added substantial proof demonstrating GCSB’s widespread use of mass surveillance. An article last week in The New Zealand Herald demonstrated that “New Zealand’s electronic surveillance agency, the GCSB, has dramatically expanded its spying operations during the years of John Key’s National Government and is automatically funnelling vast amounts of intelligence to the US National Security Agency.” Specifically, its “intelligence base at Waihopai has moved to ‘full-take collection,’ indiscriminately intercepting Asia-Pacific communications and providing them en masse to the NSA through the controversial NSA intelligence system XKeyscore, which is used to monitor emails and internet browsing habits.” Moreover, the documents “reveal that most of the targets are not security threats to New Zealand, as has been suggested by the Government,” but “instead, the GCSB directs its spying against a surprising array of New Zealand’s friends, trading partners and close Pacific neighbours.” A second report late last week published jointly by Hager and The Intercept detailed the role played by GCSB’s Waihopai base in aiding NSA’s mass surveillance activities in the Pacific (as Hager was working with The Intercept on these stories, his house was raided by New Zealand police for 10 hours, ostensibly to find Hager’s source for a story he published that was politically damaging to Key).
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  • That the New Zealand government engages in precisely the mass surveillance activities Key vehemently denied is now barely in dispute. Indeed, a former director of GCSB under Key, Sir Bruce Ferguson, while denying any abuse of New Zealander’s communications, now admits that the agency engages in mass surveillance.
  • Meanwhile, Russel Norman, the head of the country’s Green Party, said in response to these stories that New Zealand is “committing crimes” against its neighbors in the Pacific by subjecting them to mass surveillance, and insists that the Key government broke the law because that dragnet necessarily includes the communications of New Zealand citizens when they travel in the region.
  • So now that it’s proven that New Zealand does exactly that which Prime Minister Key vowed would cause him to resign if it were proven, is he preparing his resignation speech? No: that’s something a political official with a minimal amount of integrity would do. Instead — even as he now refuses to say what he has repeatedly said before: that GCSB does not engage in mass surveillance — he’s simply retracting his pledge as though it were a minor irritant, something to be casually tossed aside:
  • When asked late last week whether New Zealanders have a right to know what their government is doing in the realm of digital surveillance, the Prime Minister said: “as a general rule, no.” And he expressly refuses to say whether New Zealand is doing that which he swore repeatedly it was not doing, as this excellent interview from Radio New Zealand sets forth: Interviewer: “Nicky Hager’s revelations late last week . . . have stoked fears that New Zealanders’ communications are being indiscriminately caught in that net. . . . The Prime Minister, John Key, has in the past promised to resign if it were found to be mass surveillance of New Zealanders . . . Earlier, Mr. Key was unable to give me an assurance that mass collection of communications from New Zealanders in the Pacific was not taking place.” PM Key: “No, I can’t. I read the transcript [of former GCSB Director Bruce Ferguson’s interview] – I didn’t hear the interview – but I read the transcript, and you know, look, there’s a variety of interpretations – I’m not going to critique–”
  • Interviewer: “OK, I’m not asking for a critique. Let’s listen to what Bruce Ferguson did tell us on Friday:” Ferguson: “The whole method of surveillance these days, is sort of a mass collection situation – individualized: that is mission impossible.” Interviewer: “And he repeated that several times, using the analogy of a net which scoops up all the information. . . . I’m not asking for a critique with respect to him. Can you confirm whether he is right or wrong?” Key: “Uh, well I’m not going to go and critique the guy. And I’m not going to give a view of whether he’s right or wrong” . . . . Interviewer: “So is there mass collection of personal data of New Zealand citizens in the Pacific or not?” Key: “I’m just not going to comment on where we have particular targets, except to say that where we go and collect particular information, there is always a good reason for that.”
  • From “I will resign if it’s shown we engage in mass surveillance of New Zealanders” to “I won’t say if we’re doing it” and “I won’t quit either way despite my prior pledges.” Listen to the whole interview: both to see the type of adversarial questioning to which U.S. political leaders are so rarely subjected, but also to see just how obfuscating Key’s answers are. The history of reporting from the Snowden archive has been one of serial dishonesty from numerous governments: such as the way European officials at first pretended to be outraged victims of NSA only for it to be revealed that, in many ways, they are active collaborators in the very system they were denouncing. But, outside of the U.S. and U.K. itself, the Key government has easily been the most dishonest over the last 20 months: one of the most shocking stories I’ve seen during this time was how the Prime Minister simultaneously plotted in secret to exploit the 2013 proposed law to implement mass surveillance at exactly the same time that he persuaded the public to support it by explicitly insisting that it would not allow mass surveillance. But overtly reneging on a public pledge to resign is a new level of political scandal. Key was just re-elected for his third term, and like any political official who stays in power too long, he has the despot’s mentality that he’s beyond all ethical norms and constraints. But by the admission of his own former GCSB chief, he has now been caught red-handed doing exactly that which he swore to the public would cause him to resign if it were proven. If nothing else, the New Zealand media ought to treat that public deception from its highest political official with the level of seriousness it deserves.
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    It seems the U.S. is not the only nation that has liars for head of state. 
Paul Merrell

Did NSA, GCHQ steal the secret key in YOUR phone SIM? It's LIKELY * The Register - 0 views

  • The NSA and Britain's GCHQ hacked the world's biggest SIM card maker to harvest the encryption keys needed to silently and effortlessly eavesdrop on potentially millions of people. That's according to documents obtained by surveillance whistleblower Edward Snowden and leaked to the web on Thursday. "Wow. This is huge – it's one of the most significant findings of the Snowden files so far," computer security guru Bruce Schneier told The Register this afternoon. "We always knew that they would occasionally steal SIM keys. But all of them? The odds that they just attacked this one firm are extraordinarily low and we know the NSA does like to steal keys where it can." The damning slides, published by Snowden's chums at The Intercept, detail the activities of the as-yet unheard-of Mobile Handset Exploitation Team (MHET), run by the US and UK. The group targeted Gemalto, which churns out about two billion SIM cards each year for use around the world, and targeted it in an operation dubbed DAPINO GAMMA.
  • Gemalto's hacking may also bring into question some of its other security products as well. The company supplies chips for electronic passports issued by the US, Singapore, India, and many European states, and is also involved in the NFC and mobile banking sector. It's important to note that this is useful for tracking the phone activity of a target, but the mobile user can still use encryption on the handset itself to ensure that some communications remain private. "Ironically one of your best defenses against a hijacked SIM is to use software encryption," Jon Callas, CTO of encrypted chat biz Silent Circle told The Register. "In our case there's a TCP/IP cloud between Alice and Bob and that can deal with compromised routers along the path as well as SIM issues, and the same applies to similar mobile software."
  • On Wednesday the UK government admitted that its intelligence agencies had in fact broken the ECHR when spying on communications between lawyers and those suing the British state, so GCHQ might want to reconsider that statement.
Paul Merrell

Help:CirrusSearch - MediaWiki - 0 views

  • CirrusSearch is a new search engine for MediaWiki. The Wikimedia Foundation is migrating to CirrusSearch since it features key improvements over the previously used search engine, LuceneSearch. This page describes the features that are new or different compared to the past solutions.
  • 1 Frequently asked questions 1.1 What's improved? 2 Updates 3 Search suggestions 4 Full text search 4.1 Stemming 4.2 Filters (intitle:, incategory: and linksto:) 4.3 prefix: 4.4 Special prefixes 4.5 Did you mean 4.6 Prefer phrase matches 4.7 Fuzzy search 4.8 Phrase search and proximity 4.9 Quotes and exact matches 4.10 prefer-recent: 4.11 hastemplate: 4.12 boost-templates: 4.13 insource: 4.14 Auxiliary Text 4.15 Lead Text 4.16 Commons Search 5 See also
  • Stemming In search terminology, support for "stemming" means that a search for "swim" will also include "swimming" and "swimmed", but not "swam". There is support for dozens of languages, but all languages are wanted. There is a list of currently supported languages at elasticsearch.org; see their documentation on contributing to submit requests or patches.
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  • See also Full specifications in the browser tests
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    Lots of new tricks to learn on sites using MediaWiki as folks update their installations, I'm not a big fan of programs written in PHP and Javascript, but they're impossible to avoid on the Web. So is MediaWiki, so any real improvements help.  
Paul Merrell

ISPs take GCHQ to court in UK over mass surveillance | World news | theguardian.com - 0 views

  • Internet service providers from around the world are lodging formal complaints against the UK government's monitoring service, GCHQ, alleging that it uses "malicious software" to break into their networks.The claims from seven organisations based in six countries – the UK, Netherlands, US, South Korea, Germany and Zimbabwe – will add to international pressure on the British government following Edward Snowden's revelations about mass surveillance of the internet by UK and US intelligence agencies.The claims are being filed with the investigatory powers tribunal (IPT), the court in London that assesses complaints about the agencies' activities and misuse of surveillance by government organisations. Most of its hearings are held at least partially in secret.
  • The IPT is already considering a number of related submissions. Later this month it will investigate complaints by human rights groups about the way social media sites have been targeted by GCHQ.The government has defended the security services, pointing out that online searches are often routed overseas and those deemed "external communications" can be monitored without the need for an individual warrant. Critics say that such a legal interpretation sidesteps the need for traditional intercept safeguards.The latest claim is against both GCHQ, located near Cheltenham, and the Foreign Office. It is based on articles published earlier this year in the German magazine Der Spiegel. That report alleged that GCHQ had carried out an attack, codenamed Operation Socialist, on the Belgian telecoms group, Belgacom, targeting individual employees with "malware (malicious software)".One of the techniques was a "man in the middle" attack, which, according to the documents filed at the IPT, bypasses modern encryption software and "operates by interposing the attacker [GCHQ] between two computers that believe that they are securely communicating with each other. In fact, each is communicating with GCHQ, who collect the communications, as well as relaying them in the hope that the interference will be undetected."The complaint alleges that the attacks were a breach of the Computer Misuse Act 1990 and an interference with the privacy rights of the employees under the European convention of human rights.
  • The organisations targeted, the submission states, were all "responsible and professional internet service providers". The claimants are: GreenNet Ltd, based in the UK, Riseup Networks in Seattle, Mango Email Service in Zimbabwe, Jinbonet in South Korea, Greenhost in the Netherlands, May First/People Link in New York and the Chaos Computer Club in Hamburg.
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  • Among the programs said to have been operating were Turbine, which automates the injection of data and can infect millions of machines and Warrior Pride, which enables microphones on iPhones and Android devices to be remotely activated.
Paul Merrell

Secret Malware in European Union Attack Linked to U.S. and British Intelligence - The I... - 0 views

  • Complex malware known as Regin is the suspected technology behind sophisticated cyberattacks conducted by U.S. and British intelligence agencies on the European Union and a Belgian telecommunications company, according to security industry sources and technical analysis conducted by The Intercept. Regin was found on infected internal computer systems and email servers at Belgacom, a partly state-owned Belgian phone and internet provider, following reports last year that the company was targeted in a top-secret surveillance operation carried out by British spy agency Government Communications Headquarters, industry sources told The Intercept. The malware, which steals data from infected systems and disguises itself as legitimate Microsoft software, has also been identified on the same European Union computer systems that were targeted for surveillance by the National Security Agency.
  • The hacking operations against Belgacom and the European Union were first revealed last year through documents leaked by NSA whistleblower Edward Snowden. The specific malware used in the attacks has never been disclosed, however.
Paul Merrell

Information Warfare: Automated Propaganda and Social Media Bots | Global Research - 0 views

  • NATO has announced that it is launching an “information war” against Russia. The UK publicly announced a battalion of keyboard warriors to spread disinformation. It’s well-documented that the West has long used false propaganda to sway public opinion. Western military and intelligence services manipulate social media to counter criticism of Western policies. Such manipulation includes flooding social media with comments supporting the government and large corporations, using armies of sock puppets, i.e. fake social media identities. See this, this, this, this and this. In 2013, the American Congress repealed the formal ban against the deployment of propaganda against U.S. citizens living on American soil. So there’s even less to constrain propaganda than before.
  • Information warfare for propaganda purposes also includes: The Pentagon, Federal Reserve and other government entities using software to track discussion of political issues … to try to nip dissent in the bud before it goes viral “Controlling, infiltrating, manipulating and warping” online discourse Use of artificial intelligence programs to try to predict how people will react to propaganda
  • Some of the propaganda is spread by software programs. We pointed out 6 years ago that people were writing scripts to censor hard-hitting information from social media. One of America’s top cyber-propagandists – former high-level military information officer Joel Harding – wrote in December: I was in a discussion today about information being used in social media as a possible weapon.  The people I was talking with have a tool which scrapes social media sites, gauges their sentiment and gives the user the opportunity to automatically generate a persuasive response. Their tool is called a “Social Networking Influence Engine”. *** The implications seem to be profound for the information environment. *** The people who own this tool are in the civilian world and don’t even remotely touch the defense sector, so getting approval from the US Department of State might not even occur to them.
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  • How Can This Real? Gizmodo reported in 2010: Software developer Nigel Leck got tired rehashing the same 140-character arguments against climate change deniers, so he programmed a bot that does the work for him. With citations! Leck’s bot, @AI_AGW, doesn’t just respond to arguments directed at Leck himself, it goes out and picks fights. Every five minutes it trawls Twitter for terms and phrases that commonly crop up in Tweets that refute human-caused climate change. It then searches its database of hundreds to find a counter-argument best suited for that tweet—usually a quick statement and a link to a scientific source. As can be the case with these sorts of things, many of the deniers don’t know they’ve been targeted by a robot and engage AI_AGW in debate. The bot will continue to fire back canned responses that best fit the interlocutor’s line of debate—Leck says this goes on for days, in some cases—and the bot’s been outfitted with a number of responses on the topic of religion, where the arguments unsurprisingly often end up. Technology has come a long way in the past 5 years. So if a lone programmer could do this 5 years ago, imagine what he could do now. And the big players have a lot more resources at their disposal than a lone climate activist/software developer does.  For example, a government expert told the Washington Post that the government “quite literally can watch your ideas form as you type” (and see this).  So if the lone programmer is doing it, it’s not unreasonable to assume that the big boys are widely doing it.
  • How Effective Are Automated Comments? Unfortunately, this is more effective than you might assume … Specifically, scientists have shown that name-calling and swearing breaks down people’s ability to think rationally … and intentionally sowing discord and posting junk comments to push down insightful comments  are common propaganda techniques. Indeed, an automated program need not even be that sophisticated … it can copy a couple of words from the main post or a comment, and then spew back one or more radioactive labels such as “terrorist”, “commie”, “Russia-lover”, “wimp”, “fascist”, “loser”, “traitor”, “conspiratard”, etc. Given that Harding and his compadres consider anyone who questions any U.S. policies as an enemy of the state  – as does the Obama administration (and see this) – many honest, patriotic writers and commenters may be targeted for automated propaganda comments.
Paul Merrell

Victory for Users: Librarian of Congress Renews and Expands Protections for Fair Uses |... - 0 views

  • The new rules for exemptions to copyright's DRM-circumvention laws were issued today, and the Librarian of Congress has granted much of what EFF asked for over the course of months of extensive briefs and hearings. The exemptions we requested—ripping DVDs and Blurays for making fair use remixes and analysis; preserving video games and running multiplayer servers after publishers have abandoned them; jailbreaking cell phones, tablets, and other portable computing devices to run third party software; and security research and modification and repairs on cars—have each been accepted, subject to some important caveats.
  • The exemptions are needed thanks to a fundamentally flawed law that forbids users from breaking DRM, even if the purpose is a clearly lawful fair use. As software has become ubiquitous, so has DRM.  Users often have to circumvent that DRM to make full use of their devices, from DVDs to games to smartphones and cars. The law allows users to request exemptions for such lawful uses—but it doesn’t make it easy. Exemptions are granted through an elaborate rulemaking process that takes place every three years and places a heavy burden on EFF and the many other requesters who take part. Every exemption must be argued anew, even if it was previously granted, and even if there is no opposition. The exemptions that emerge are limited in scope. What is worse, they only apply to end users—the people who are actually doing the ripping, tinkering, jailbreaking, or research—and not to the people who make the tools that facilitate those lawful activities. The section of the law that creates these restrictions—the Digital Millennium Copyright Act's Section 1201—is fundamentally flawed, has resulted in myriad unintended consequences, and is long past due for reform or removal altogether from the statute books. Still, as long as its rulemaking process exists, we're pleased to have secured the following exemptions.
  • The new rules are long and complicated, and we'll be posting more details about each as we get a chance to analyze them. In the meantime, we hope each of these exemptions enable more exciting fair uses that educate, entertain, improve the underlying technology, and keep us safer. A better long-terms solution, though, is to eliminate the need for this onerous rulemaking process. We encourage lawmakers to support efforts like the Unlocking Technology Act, which would limit the scope of Section 1201 to copyright infringements—not fair uses. And as the White House looks for the next Librarian of Congress, who is ultimately responsible for issuing the exemptions, we hope to get a candidate who acts—as a librarian should—in the interest of the public's access to information.
Paul Merrell

Edward Snowden Explains How To Reclaim Your Privacy - 0 views

  • Micah Lee: What are some operational security practices you think everyone should adopt? Just useful stuff for average people. Edward Snowden: [Opsec] is important even if you’re not worried about the NSA. Because when you think about who the victims of surveillance are, on a day-to-day basis, you’re thinking about people who are in abusive spousal relationships, you’re thinking about people who are concerned about stalkers, you’re thinking about children who are concerned about their parents overhearing things. It’s to reclaim a level of privacy. The first step that anyone could take is to encrypt their phone calls and their text messages. You can do that through the smartphone app Signal, by Open Whisper Systems. It’s free, and you can just download it immediately. And anybody you’re talking to now, their communications, if it’s intercepted, can’t be read by adversaries. [Signal is available for iOS and Android, and, unlike a lot of security tools, is very easy to use.] You should encrypt your hard disk, so that if your computer is stolen the information isn’t obtainable to an adversary — pictures, where you live, where you work, where your kids are, where you go to school. [I’ve written a guide to encrypting your disk on Windows, Mac, and Linux.] Use a password manager. One of the main things that gets people’s private information exposed, not necessarily to the most powerful adversaries, but to the most common ones, are data dumps. Your credentials may be revealed because some service you stopped using in 2007 gets hacked, and your password that you were using for that one site also works for your Gmail account. A password manager allows you to create unique passwords for every site that are unbreakable, but you don’t have the burden of memorizing them. [The password manager KeePassX is free, open source, cross-platform, and never stores anything in the cloud.]
  • The other thing there is two-factor authentication. The value of this is if someone does steal your password, or it’s left or exposed somewhere … [two-factor authentication] allows the provider to send you a secondary means of authentication — a text message or something like that. [If you enable two-factor authentication, an attacker needs both your password as the first factor and a physical device, like your phone, as your second factor, to login to your account. Gmail, Facebook, Twitter, Dropbox, GitHub, Battle.net, and tons of other services all support two-factor authentication.]
  • We should armor ourselves using systems we can rely on every day. This doesn’t need to be an extraordinary lifestyle change. It doesn’t have to be something that is disruptive. It should be invisible, it should be atmospheric, it should be something that happens painlessly, effortlessly. This is why I like apps like Signal, because they’re low friction. It doesn’t require you to re-order your life. It doesn’t require you to change your method of communications. You can use it right now to talk to your friends.
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  • Lee: What do you think about Tor? Do you think that everyone should be familiar with it, or do you think that it’s only a use-it-if-you-need-it thing? Snowden: I think Tor is the most important privacy-enhancing technology project being used today. I use Tor personally all the time. We know it works from at least one anecdotal case that’s fairly familiar to most people at this point. That’s not to say that Tor is bulletproof. What Tor does is it provides a measure of security and allows you to disassociate your physical location. … But the basic idea, the concept of Tor that is so valuable, is that it’s run by volunteers. Anyone can create a new node on the network, whether it’s an entry node, a middle router, or an exit point, on the basis of their willingness to accept some risk. The voluntary nature of this network means that it is survivable, it’s resistant, it’s flexible. [Tor Browser is a great way to selectively use Tor to look something up and not leave a trace that you did it. It can also help bypass censorship when you’re on a network where certain sites are blocked. If you want to get more involved, you can volunteer to run your own Tor node, as I do, and support the diversity of the Tor network.]
  • Lee: So that is all stuff that everybody should be doing. What about people who have exceptional threat models, like future intelligence-community whistleblowers, and other people who have nation-state adversaries? Maybe journalists, in some cases, or activists, or people like that? Snowden: So the first answer is that you can’t learn this from a single article. The needs of every individual in a high-risk environment are different. And the capabilities of the adversary are constantly improving. The tooling changes as well. What really matters is to be conscious of the principles of compromise. How can the adversary, in general, gain access to information that is sensitive to you? What kinds of things do you need to protect? Because of course you don’t need to hide everything from the adversary. You don’t need to live a paranoid life, off the grid, in hiding, in the woods in Montana. What we do need to protect are the facts of our activities, our beliefs, and our lives that could be used against us in manners that are contrary to our interests. So when we think about this for whistleblowers, for example, if you witnessed some kind of wrongdoing and you need to reveal this information, and you believe there are people that want to interfere with that, you need to think about how to compartmentalize that.
  • Tell no one who doesn’t need to know. [Lindsay Mills, Snowden’s girlfriend of several years, didn’t know that he had been collecting documents to leak to journalists until she heard about it on the news, like everyone else.] When we talk about whistleblowers and what to do, you want to think about tools for protecting your identity, protecting the existence of the relationship from any type of conventional communication system. You want to use something like SecureDrop, over the Tor network, so there is no connection between the computer that you are using at the time — preferably with a non-persistent operating system like Tails, so you’ve left no forensic trace on the machine you’re using, which hopefully is a disposable machine that you can get rid of afterward, that can’t be found in a raid, that can’t be analyzed or anything like that — so that the only outcome of your operational activities are the stories reported by the journalists. [SecureDrop is a whistleblower submission system. Here is a guide to using The Intercept’s SecureDrop server as safely as possible.]
  • And this is to be sure that whoever has been engaging in this wrongdoing cannot distract from the controversy by pointing to your physical identity. Instead they have to deal with the facts of the controversy rather than the actors that are involved in it. Lee: What about for people who are, like, in a repressive regime and are trying to … Snowden: Use Tor. Lee: Use Tor? Snowden: If you’re not using Tor you’re doing it wrong. Now, there is a counterpoint here where the use of privacy-enhancing technologies in certain areas can actually single you out for additional surveillance through the exercise of repressive measures. This is why it’s so critical for developers who are working on security-enhancing tools to not make their protocols stand out.
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    Lots more in the interview that I didn't highlight. This is a must-read.
Paul Merrell

Ecuador signs deal with Sweden for Assange questioning | Reuters - 0 views

  • Ecuador and Sweden have signed a pact that would allow WikiLeaks founder Julian Assange to be questioned by Swedish authorities at Ecuador's embassy in London where he has been holed up for more than three years since facing sexual assault charges, the Quito government said.The legal agreement was signed in the Ecuadorean capital after half a year of negotiations."It is, without doubt, an instrument that strengthens bilateral relations and will facilitate, for example, the fulfillment of judicial matters such as the questioning of Mr. Assange," the foreign ministry said in a weekend statement.Assange, 44, took refuge in the embassy building in June 2012 to avoid extradition to Sweden, where he is wanted for questioning over allegations of sexual assault and rape against two women in 2010. The Australian denies the accusations.
  • Assange says he fears Sweden will extradite him to the United States where he could be put on trial over WikiLeaks' publication of classified military and diplomatic documents five years ago, one of the largest information leaks in U.S. history. Britain, which has accused Ecuador of preventing the course of justice by allowing Assange to remain in its embassy in the upmarket central London area of Knightsbridge, welcomed the agreement."It is for the Swedish Prosecutor to decide how they now proceed with a legal case," a spokeswoman for the British Foreign Office said.
Paul Merrell

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

  • 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.
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  • 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

European Parliament Urges Protection for Edward Snowden - The New York Times - 0 views

  • The European Parliament narrowly adopted a nonbinding but nonetheless forceful resolution on Thursday urging the 28 nations of the European Union to recognize Edward J. Snowden as a “whistle-blower and international human rights defender” and shield him from prosecution.On Twitter, Mr. Snowden, the former National Security Agency contractor who leaked millions of documents about electronic surveillance by the United States government, called the vote a “game-changer.” But the resolution has no legal force and limited practical effect for Mr. Snowden, who is living in Russia on a three-year residency permit.Whether to grant Mr. Snowden asylum remains a decision for the individual European governments, and none have done so thus far. Continue reading the main story Related Coverage Open Source: Now Following the N.S.A. on Twitter, @SnowdenSEPT. 29, 2015 Snowden Sees Some Victories, From a DistanceMAY 19, 2015 Still, the resolution was the strongest statement of support seen for Mr. Snowden from the European Parliament. At the same time, the close vote — 285 to 281 — suggested the extent to which some European lawmakers are wary of alienating the United States.
  • The resolution calls on European Union members to “drop any criminal charges against Edward Snowden, grant him protection and consequently prevent extradition or rendition by third parties.”In June 2013, shortly after Mr. Snowden’s leaks became public, the United States charged him with theft of government property and violations of the Espionage Act of 1917. By then, he had flown to Moscow, where he spent weeks in legal limbo before he was granted temporary asylum and, later, a residency permit.Four Latin American nations have offered him permanent asylum, but he does not believe he could travel from Russia to those countries without running the risk of arrest and extradition to the United States along the way.
  • The White House, which has used diplomatic efforts to discourage even symbolic resolutions of support for Mr. Snowden, immediately criticized the resolution.“Our position has not changed,” said Ned Price, a spokesman for the National Security Council in Washington.“Mr. Snowden is accused of leaking classified information and faces felony charges here in the United States. As such, he should be returned to the U.S. as soon as possible, where he will be accorded full due process.”Jan Philipp Albrecht, one of the lawmakers who sponsored the resolution in Europe, said it should increase pressure on national governments.
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  • “It’s the first time a Parliament votes to ask for this to be done — and it’s the European Parliament,” Mr. Albrecht, a German lawmaker with the Greens political bloc, said in a phone interview shortly after the vote, which was held in Strasbourg, France. “So this has an impact surely on the debate in the member states.”The resolution “is asking or demanding the member states’ governments to end all the charges and to prevent any extradition to a third party,” Mr. Albrecht said. “That’s a very clear call, and that can’t be just ignored by the governments,” he said.
Paul Merrell

How to Protect Yourself from NSA Attacks on 1024-bit DH | Electronic Frontier Foundation - 0 views

  • In a post on Wednesday, researchers Alex Halderman and Nadia Heninger presented compelling research suggesting that the NSA has developed the capability to decrypt a large number of HTTPS, SSH, and VPN connections using an attack on common implementations of the Diffie-Hellman key exchange algorithm with 1024-bit primes. Earlier in the year, they were part of a research group that published a study of the Logjam attack, which leveraged overlooked and outdated code to enforce "export-grade" (downgraded, 512-bit) parameters for Diffie-Hellman. By performing a cost analysis of the algorithm with stronger 1024-bit parameters and comparing that with what we know of the NSA "black budget" (and reading between the lines of several leaked documents about NSA interception capabilities) they concluded that it's likely NSA has been breaking 1024-bit Diffie-Hellman for some time now. The good news is, in the time since this research was originally published, the major browser vendors (IE, Chrome, and Firefox) have removed support for 512-bit Diffie-Hellman, addressing the biggest vulnerability. However, 1024-bit Diffie-Hellman remains supported for the forseeable future despite its vulnerability to NSA surveillance. In this post, we present some practical tips to protect yourself from the surveillance machine, whether you're using a web browser, an SSH client, or VPN software. Disclaimer: This is not a complete guide, and not all software is covered.
Paul Merrell

Facebook's New 'Supreme Court' Could Revolutionize Online Speech - Lawfare - 0 views

  • The Supreme Court of Facebook is about to become a reality. When Facebook CEO Mark Zuckerberg first mentioned the idea of an independent oversight body to determine the boundaries of acceptable speech on the platform—“almost like a Supreme Court,” he said—in an April 2018 interview with Vox, it sounded like an offhand musing.  But on Nov. 15, responding to a New York Times article documenting how Facebook’s executives have dealt with the company’s scandal-ridden last few years, Zuckerberg published a blog post announcing that Facebook will “create a new way for people to appeal content decisions to an independent body, whose decisions would be transparent and binding.” Supreme Court of Facebook-like bodies will be piloted early next year in regions around the world, and the “court” proper is to be established by the end of 2019, he wrote.
Paul Merrell

Challenge to data transfer tool used by Facebook will go to Europe's top court | TechCr... - 0 views

  • The five-week court hearing in what is a complex case delving into detail on US surveillance operations took place in February. The court issued its ruling today. The 153-page ruling starts by noting “this is an unusual case”, before going into a detailed discussion of the arguments and concluding that the DPC’s concerns about the validity of SCCs should be referred to the European Court of Justice for a preliminary ruling. Schrems is also the man responsible for bringing, in 2013, a legal challenge that ultimately struck down Safe Harbor — the legal mechanism that had oiled the pipe for EU-US personal data flows for fifteen years before the ECJ ruled it to be invalid in October 2015. Schrems’ argument had centered on U.S. government mass surveillance programs, as disclosed via the Snowden leaks, being incompatible with fundamental European privacy rights. After the ECJ struck down Safe Harbor he then sought to apply the same arguments against Facebook’s use of SCCs — returning to Ireland to make the complaint as that’s where the company has its European HQ. It’s worth noting that the European Commission has since replaced Safe Harbor with a new (and it claims more robust) data transfer mechanism, called the EU-US Privacy Shield — which is now, as Safe Harbor was, used by thousands of businesses. Although that too is facing legal challenges as critics continue to argue there is a core problem of incompatibility between two distinct legal regimes where EU privacy rights collide with US mass surveillance.
  • In a written statement on the ruling Schrems added: “I welcome the judgement by the Irish High Court. It is important that a neutral Court outside of the US has summarized the facts on US surveillance in a judgement, after diving through more than 45,000 pages of documents in a five week hearing.
  • Making a video statement outside court in Dublin today, Schrems said the Irish court had dismissed Facebook’s argument that the US government does not undertake any surveillance.
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  • Schrems’ Safe Harbor challenge also started in the Irish Court before being ultimately referred to the ECJ. So there’s more than a little legal deja vu here, especially given the latest development in the case. In its ruling on the SCC issue, the Irish Court noted that a US ombudsperson position created under Privacy Shield to handle EU citizens complaints about companies’ handling of their data is not enough to overcome what it described as “well founded concerns” raised by the DPC regarding the adequacy of the protections for EU citizens data.
  • On Facebook, he also said: “In simple terms, US law requires Facebook to help the NSA with mass surveillance and EU law prohibits just that. As Facebook is subject to both jurisdictions, they got themselves in a legal dilemma that they cannot possibly solve in the long run.”
  • While Schrems’ original complaint pertained to Facebook, the Irish DPC’s position means many more companies that use the mechanism could face disruption if SCCs are ultimately invalidated as a result of the legal challenge to their validity.
Paul Merrell

Theresa May to create new internet that would be controlled and regulated by government... - 0 views

  • Theresa May is planning to introduce huge regulations on the way the internet works, allowing the government to decide what is said online. Particular focus has been drawn to the end of the manifesto, which makes clear that the Tories want to introduce huge changes to the way the internet works. "Some people say that it is not for government to regulate when it comes to technology and the internet," it states. "We disagree." Senior Tories confirmed to BuzzFeed News that the phrasing indicates that the government intends to introduce huge restrictions on what people can post, share and publish online. The plans will allow Britain to become "the global leader in the regulation of the use of personal data and the internet", the manifesto claims. It comes just soon after the Investigatory Powers Act came into law. That legislation allowed the government to force internet companies to keep records on their customers' browsing histories, as well as giving ministers the power to break apps like WhatsApp so that messages can be read. The manifesto makes reference to those increased powers, saying that the government will work even harder to ensure there is no "safe space for terrorists to be able to communicate online". That is apparently a reference in part to its work to encourage technology companies to build backdoors into their encrypted messaging services – which gives the government the ability to read terrorists' messages, but also weakens the security of everyone else's messages, technology companies have warned.
  • The government now appears to be launching a similarly radical change in the way that social networks and internet companies work. While much of the internet is currently controlled by private businesses like Google and Facebook, Theresa May intends to allow government to decide what is and isn't published, the manifesto suggests. The new rules would include laws that make it harder than ever to access pornographic and other websites. The government will be able to place restrictions on seeing adult content and any exceptions would have to be justified to ministers, the manifesto suggests. The manifesto even suggests that the government might stop search engines like Google from directing people to pornographic websites. "We will put a responsibility on industry not to direct users – even unintentionally – to hate speech, pornography, or other sources of harm," the Conservatives write.
  • The laws would also force technology companies to delete anything that a person posted when they were under 18. But perhaps most unusually they would be forced to help controversial government schemes like its Prevent strategy, by promoting counter-extremist narratives. "In harnessing the digital revolution, we must take steps to protect the vulnerable and give people confidence to use the internet without fear of abuse, criminality or exposure to horrific content", the manifesto claims in a section called 'the safest place to be online'. The plans are in keeping with the Tories' commitment that the online world must be regulated as strongly as the offline one, and that the same rules should apply in both. "Our starting point is that online rules should reflect those that govern our lives offline," the Conservatives' manifesto says, explaining this justification for a new level of regulation. "It should be as unacceptable to bully online as it is in the playground, as difficult to groom a young child on the internet as it is in a community, as hard for children to access violent and degrading pornography online as it is in the high street, and as difficult to commit a crime digitally as it is physically."
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  • The manifesto also proposes that internet companies will have to pay a levy, like the one currently paid by gambling firms. Just like with gambling, that money will be used to pay for advertising schemes to tell people about the dangers of the internet, in particular being used to "support awareness and preventative activity to counter internet harms", according to the manifesto. The Conservatives will also seek to regulate the kind of news that is posted online and how companies are paid for it. If elected, Theresa May will "take steps to protect the reliability and objectivity of information that is essential to our democracy" – and crack down on Facebook and Google to ensure that news companies get enough advertising money. If internet companies refuse to comply with the rulings – a suggestion that some have already made about the powers in the Investigatory Powers Act – then there will be a strict and strong set of ways to punish them. "We will introduce a sanctions regime to ensure compliance, giving regulators the ability to fine or prosecute those companies that fail in their legal duties, and to order the removal of content where it clearly breaches UK law," the manifesto reads. In laying out its plan for increased regulation, the Tories anticipate and reject potential criticism that such rules could put people at risk.
  • "While we cannot create this framework alone, it is for government, not private companies, to protect the security of people and ensure the fairness of the rules by which people and businesses abide," the document reads. "Nor do we agree that the risks of such an approach outweigh the potential benefits."
Paul Merrell

Was Destructive 'Slingshot' Malware Deployed by the Pentagon? | The American Conservative - 0 views

  • Earlier this March, cyber-security firm Kaspersky Labs released information on a newly discovered, highly advanced piece of malware dubbed Slingshot. The malware targeted Latvian-made Internet routers popular in the Middle East, Africa, and Southeast Asia. Kaspersky’s reports reveal that the malware had been active since at least 2012, and speculates that it was government-made, owing to its sophistication and its use of novel techniques rarely seen elsewhere. Those investigating the matter further have drawn the conclusion that Slingshot was developed by the U.S. government, with some reports quoting former officials as connecting it to the Pentagon’s JSOC special forces. For those following the cyber security and malware sphere, this is a huge revelation, putting the U.S. government in the hot seat for deploying cyber attacks that harm a much greater range of innocent users beyond their intended targets. Kaspersky’s own findings note that the code was written in English, using a driver flaw to allow the implanting of various types of spyware. Among those mentioned by Moscow-based Kaspersky was an implant named “GOLLUM,” which notably was mentioned in one of the leaked Edward Snowden documents. Further findings suggest that Slingshot had common code with only two other known pieces of software, both malwares, which were attributed to the NSA and CIA, respectively, by analysts. Though various U.S. agencies are all denying comment, things are clearly pointing uncomfortably in their direction.
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