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Paul Merrell

Glenn Greenwald: The NSA Can "Literally Watch Every Keystroke You Make" - 0 views

www.informationclearinghouse.info/article37255.htm

surveillance state NSA NSA-backdoors China

shared by Paul Merrell on 31 Dec 13 - No Cached
  • On Sunday, the German publication Der Spiegel revealed new details about secretive hacking—a secretive hacking unit inside the NSA called the Office of Tailored Access Operations, or TAO. The unit was created in 1997 to hack into global communications traffic. Still with us, Jameel Jaffer, deputy legal director of the ACLU, director of the ACLU’s Center for Democracy, and Glenn Greenwald, the journalist who first broke the story about Edward Snowden. Glenn, can you just talk about the revelations in Der Spiegel?
  • And one of the ways that they’re doing it is that they intercept products in transit, such as if you order a laptop or other forms of Internet routers or servers and the like, they intercept it in transit, open the box, implant the malware, factory-seal it and then send it back to the user. They also exploit weaknesses in Google and YouTube and Yahoo and other services, as well, in order to implant these devices. It’s unclear to what extent, if at all, the companies even know about it, let alone cooperate in it. But what is clear is that they’ve been able to compromise the physical machines themselves, so that it makes no difference what precautions you take in terms of safeguarding the sanctity of your online activity.
  • But we’ve actually been working, ourselves, on certain stories that should be published soon regarding similar interdiction efforts. And one of the things that I think is so amazing about this, Amy, is that the U.S. government has spent the last three or four years shrilly, vehemently warning the world that Chinese technology companies are unsafe to purchase products from, because they claim the Chinese government interdicts these products and installs surveillance, backdoors and other forms of malware onto the machinery so that when you get them, immediately your privacy is compromised. And they’ve actually driven Chinese firms out of the U.S. market and elsewhere with these kinds of accusations. Congress has convened committees to issue reports making these kind of accusations about Chinese companies. And yet, at the same time, the NSA is doing exactly that which they accuse these Chinese companies of doing. And there’s a real question, which is: Are these warnings designed to steer people away from purchasing Chinese products into the arms of the American industry so that the NSA’s ability to implant these devices becomes even greater, since now everybody is buying American products out of fear that they can no longer buy Chinese products because this will happen to them?
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  • And the final thing I want to say is, you know, all this talk about amnesty for Edward Snowden, and it’s so important that the rule of law be applied to him, it’s really quite amazing. Here’s Michael Hayden. He oversaw the illegal warrantless eavesdropping program implemented under the Bush administration. He oversaw torture and rendition as the head of the CIA. James Clapper lied to the face of Congress. These are felonies at least as bad, and I would say much worse, than anything Edward Snowden is accused of doing, and yet they’re not prosecuted. They’re free to appear on television programs. The United States government in Washington constantly gives amnesty to its highest officials, even when they commit the most egregious crimes. And yet the idea of amnesty for a whistleblower is considered radical and extreme. And that’s why a hardened felon like Michael Hayden is free to walk around on the street and is treated on American media outlets as though he’s some learned, wisdom-drenched elder statesman, rather than what he is, which is a chronic criminal.
  • Paul Merrell on 31 Dec 13
     
    Greenwald asks a very good question about the U.S. government accusing the Chinese government of cyber-espionage and the government's finding that Chinese-manufactured ware pose a security risk. Was that intended to drive people to purchase hardware that comes equipped with NSA backdoors? The flip side, of course, is whether the world should be beating feet to purchase their hardware from the Chinese in order to escape the NSA backdoors. Then there is the question of how those backdoors might have made their way into the hardware devices without the acquiescence of their manufacturers, who surely would have realized that their businesses might take enormous financial hits if knowledge of the backdoors became public? Bribing key staff? The manufacturers named in the Der Spiegel article surely are going to face some hard questions and they may face some very unhappy shareholders if their stock prices take a dive. It would be fun to see a shareholder's derivative class action against one of these companies for having acquiesced to NSA implantation of backdoors, leading to the disclosure and the fall in stock price. Caption the case as Wall Street, Inc. v. National Security Agency, dba Seagate Technology, PLC, then watch the feathers and blood fly.  "Seagate is the company the world trusts to store our lives - our files and photos, our libraries and histories, our science and progress."   Yes, and your stockholders trusted you not to endanger their investment by adding NSA backdoors in your products.
Paul Merrell

Cy Vance's Proposal to Backdoor Encrypted Devices Is Riddled With Vulnerabilities | Jus... - 0 views

www.justsecurity.org/...evices-riddled-vulnerabilities

surveillance state encryption-backdoors Vance tyranny right-to-whisper

shared by Paul Merrell on 11 Dec 15 - No Cached
  • Less than a week after the attacks in Paris — while the public and policymakers were still reeling, and the investigation had barely gotten off the ground — Cy Vance, Manhattan’s District Attorney, released a policy paper calling for legislation requiring companies to provide the government with backdoor access to their smartphones and other mobile devices. This is the first concrete proposal of this type since September 2014, when FBI Director James Comey reignited the “Crypto Wars” in response to Apple’s and Google’s decisions to use default encryption on their smartphones. Though Comey seized on Apple’s and Google’s decisions to encrypt their devices by default, his concerns are primarily related to end-to-end encryption, which protects communications that are in transit. Vance’s proposal, on the other hand, is only concerned with device encryption, which protects data stored on phones. It is still unclear whether encryption played any role in the Paris attacks, though we do know that the attackers were using unencrypted SMS text messages on the night of the attack, and that some of them were even known to intelligence agencies and had previously been under surveillance. But regardless of whether encryption was used at some point during the planning of the attacks, as I lay out below, prohibiting companies from selling encrypted devices would not prevent criminals or terrorists from being able to access unbreakable encryption. Vance’s primary complaint is that Apple’s and Google’s decisions to provide their customers with more secure devices through encryption interferes with criminal investigations. He claims encryption prevents law enforcement from accessing stored data like iMessages, photos and videos, Internet search histories, and third party app data. He makes several arguments to justify his proposal to build backdoors into encrypted smartphones, but none of them hold water.
  • Before addressing the major privacy, security, and implementation concerns that his proposal raises, it is worth noting that while an increase in use of fully encrypted devices could interfere with some law enforcement investigations, it will help prevent far more crimes — especially smartphone theft, and the consequent potential for identity theft. According to Consumer Reports, in 2014 there were more than two million victims of smartphone theft, and nearly two-thirds of all smartphone users either took no steps to secure their phones or their data or failed to implement passcode access for their phones. Default encryption could reduce instances of theft because perpetrators would no longer be able to break into the phone to steal the data.
  • Vance argues that creating a weakness in encryption to allow law enforcement to access data stored on devices does not raise serious concerns for security and privacy, since in order to exploit the vulnerability one would need access to the actual device. He considers this an acceptable risk, claiming it would not be the same as creating a widespread vulnerability in encryption protecting communications in transit (like emails), and that it would be cheap and easy for companies to implement. But Vance seems to be underestimating the risks involved with his plan. It is increasingly important that smartphones and other devices are protected by the strongest encryption possible. Our devices and the apps on them contain astonishing amounts of personal information, so much that an unprecedented level of harm could be caused if a smartphone or device with an exploitable vulnerability is stolen, not least in the forms of identity fraud and credit card theft. We bank on our phones, and have access to credit card payments with services like Apple Pay. Our contact lists are stored on our phones, including phone numbers, emails, social media accounts, and addresses. Passwords are often stored on people’s phones. And phones and apps are often full of personal details about their lives, from food diaries to logs of favorite places to personal photographs. Symantec conducted a study, where the company spread 50 “lost” phones in public to see what people who picked up the phones would do with them. The company found that 95 percent of those people tried to access the phone, and while nearly 90 percent tried to access private information stored on the phone or in other private accounts such as banking services and email, only 50 percent attempted contacting the owner.
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  • Vance attempts to downplay this serious risk by asserting that anyone can use the “Find My Phone” or Android Device Manager services that allow owners to delete the data on their phones if stolen. However, this does not stand up to scrutiny. These services are effective only when an owner realizes their phone is missing and can take swift action on another computer or device. This delay ensures some period of vulnerability. Encryption, on the other hand, protects everyone immediately and always. Additionally, Vance argues that it is safer to build backdoors into encrypted devices than it is to do so for encrypted communications in transit. It is true that there is a difference in the threats posed by the two types of encryption backdoors that are being debated. However, some manner of widespread vulnerability will inevitably result from a backdoor to encrypted devices. Indeed, the NSA and GCHQ reportedly hacked into a database to obtain cell phone SIM card encryption keys in order defeat the security protecting users’ communications and activities and to conduct surveillance. Clearly, the reality is that the threat of such a breach, whether from a hacker or a nation state actor, is very real. Even if companies go the extra mile and create a different means of access for every phone, such as a separate access key for each phone, significant vulnerabilities will be created. It would still be possible for a malicious actor to gain access to the database containing those keys, which would enable them to defeat the encryption on any smartphone they took possession of. Additionally, the cost of implementation and maintenance of such a complex system could be high.
  • Privacy is another concern that Vance dismisses too easily. Despite Vance’s arguments otherwise, building backdoors into device encryption undermines privacy. Our government does not impose a similar requirement in any other context. Police can enter homes with warrants, but there is no requirement that people record their conversations and interactions just in case they someday become useful in an investigation. The conversations that we once had through disposable letters and in-person conversations now happen over the Internet and on phones. Just because the medium has changed does not mean our right to privacy has.
  • In addition to his weak reasoning for why it would be feasible to create backdoors to encrypted devices without creating undue security risks or harming privacy, Vance makes several flawed policy-based arguments in favor of his proposal. He argues that criminals benefit from devices that are protected by strong encryption. That may be true, but strong encryption is also a critical tool used by billions of average people around the world every day to protect their transactions, communications, and private information. Lawyers, doctors, and journalists rely on encryption to protect their clients, patients, and sources. Government officials, from the President to the directors of the NSA and FBI, and members of Congress, depend on strong encryption for cybersecurity and data security. There are far more innocent Americans who benefit from strong encryption than there are criminals who exploit it. Encryption is also essential to our economy. Device manufacturers could suffer major economic losses if they are prohibited from competing with foreign manufacturers who offer more secure devices. Encryption also protects major companies from corporate and nation-state espionage. As more daily business activities are done on smartphones and other devices, they may now hold highly proprietary or sensitive information. Those devices could be targeted even more than they are now if all that has to be done to access that information is to steal an employee’s smartphone and exploit a vulnerability the manufacturer was required to create.
  • Vance also suggests that the US would be justified in creating such a requirement since other Western nations are contemplating requiring encryption backdoors as well. Regardless of whether other countries are debating similar proposals, we cannot afford a race to the bottom on cybersecurity. Heads of the intelligence community regularly warn that cybersecurity is the top threat to our national security. Strong encryption is our best defense against cyber threats, and following in the footsteps of other countries by weakening that critical tool would do incalculable harm. Furthermore, even if the US or other countries did implement such a proposal, criminals could gain access to devices with strong encryption through the black market. Thus, only innocent people would be negatively affected, and some of those innocent people might even become criminals simply by trying to protect their privacy by securing their data and devices. Finally, Vance argues that David Kaye, UN Special Rapporteur for Freedom of Expression and Opinion, supported the idea that court-ordered decryption doesn’t violate human rights, provided certain criteria are met, in his report on the topic. However, in the context of Vance’s proposal, this seems to conflate the concepts of court-ordered decryption and of government-mandated encryption backdoors. The Kaye report was unequivocal about the importance of encryption for free speech and human rights. The report concluded that:
  • States should promote strong encryption and anonymity. National laws should recognize that individuals are free to protect the privacy of their digital communications by using encryption technology and tools that allow anonymity online. … States should not restrict encryption and anonymity, which facilitate and often enable the rights to freedom of opinion and expression. Blanket prohibitions fail to be necessary and proportionate. States should avoid all measures that weaken the security that individuals may enjoy online, such as backdoors, weak encryption standards and key escrows. Additionally, the group of intelligence experts that was hand-picked by the President to issue a report and recommendations on surveillance and technology, concluded that: [R]egarding encryption, the U.S. Government should: (1) fully support and not undermine efforts to create encryption standards; (2) not in any way subvert, undermine, weaken, or make vulnerable generally available commercial software; and (3) increase the use of encryption and urge US companies to do so, in order to better protect data in transit, at rest, in the cloud, and in other storage.
  • The clear consensus among human rights experts and several high-ranking intelligence experts, including the former directors of the NSA, Office of the Director of National Intelligence, and DHS, is that mandating encryption backdoors is dangerous. Unaddressed Concerns: Preventing Encrypted Devices from Entering the US and the Slippery Slope In addition to the significant faults in Vance’s arguments in favor of his proposal, he fails to address the question of how such a restriction would be effectively implemented. There is no effective mechanism for preventing code from becoming available for download online, even if it is illegal. One critical issue the Vance proposal fails to address is how the government would prevent, or even identify, encrypted smartphones when individuals bring them into the United States. DHS would have to train customs agents to search the contents of every person’s phone in order to identify whether it is encrypted, and then confiscate the phones that are. Legal and policy considerations aside, this kind of policy is, at the very least, impractical. Preventing strong encryption from entering the US is not like preventing guns or drugs from entering the country — encrypted phones aren’t immediately obvious as is contraband. Millions of people use encrypted devices, and tens of millions more devices are shipped to and sold in the US each year.
  • Finally, there is a real concern that if Vance’s proposal were accepted, it would be the first step down a slippery slope. Right now, his proposal only calls for access to smartphones and devices running mobile operating systems. While this policy in and of itself would cover a number of commonplace devices, it may eventually be expanded to cover laptop and desktop computers, as well as communications in transit. The expansion of this kind of policy is even more worrisome when taking into account the speed at which technology evolves and becomes widely adopted. Ten years ago, the iPhone did not even exist. Who is to say what technology will be commonplace in 10 or 20 years that is not even around today. There is a very real question about how far law enforcement will go to gain access to information. Things that once seemed like merely science fiction, such as wearable technology and artificial intelligence that could be implanted in and work with the human nervous system, are now available. If and when there comes a time when our “smart phone” is not really a device at all, but is rather an implant, surely we would not grant law enforcement access to our minds.
  • Policymakers should dismiss Vance’s proposal to prohibit the use of strong encryption to protect our smartphones and devices in order to ensure law enforcement access. Undermining encryption, regardless of whether it is protecting data in transit or at rest, would take us down a dangerous and harmful path. Instead, law enforcement and the intelligence community should be working to alter their skills and tactics in a fast-evolving technological world so that they are not so dependent on information that will increasingly be protected by encryption.
Paul Merrell

FBI, CIA Use Backdoor Searches To Warrentlessly Spy On Americans' Communications | Tech... - 0 views

www.techdirt.com/...ications-without-warrant.shtml

surveillance state NSA CIA FBI Wyden NSA-backdoors PCLOB

shared by Paul Merrell on 01 Jul 14 - No Cached
  • The other shoe just dropped when it comes to how the federal government illegally spies on Americans. Last summer, the details of the NSA's "backdoor searches" were revealed. This involved big collections of content and metadata (so, no, not "just metadata" as meaningless as that phrase is) that were collected under Section 702 of the FISA Amendments Act (FAA). This is part of the program that the infamous PRISM effort operates under, and which allows the NSA to collect all sorts of content, including communications to, from or about a "target" -- where a "target" can be incredibly loosely defined (i.e., it can include groups or machines or just about anything). The "backdoor searches" were a special loophole added in 2011 allowing the NSA to make use of "US person names and identifiers as query terms." In the past, it had been limited (as per the NSA's mandate) to only non-US persons.
  • This morning, James Clapper finally responded to a request from Senator Ron Wyden concerning the number of such backdoor searches using US identifiers that were done by various government agencies. And, surprisingly, it's redaction free. The big reveal is... that it's not just the NSA doing these searches, but the CIA and FBI as well. This is especially concerning with regards to the FBI. This means that the FBI, who does surveillance on Americans, is spying on Americans communications that were collected by the NSA and that they're doing so without anything resembling a warrant. Oh, and let's make this even worse: the FBI isn't even tracking how often it does this. It's just doing it willy nilly:
  • Got that? Basically, the FBI often asks the NSA for a big chunk of data that the NSA probably shouldn't have in the first place -- including tons of Americans' communications, and the FBI gets to dump it into the same database that it is free to query. And the FBI tracks none of this, other than to say that it believes that there are a "substantial" number of such queries. This would seem to be a pretty blatant attempt to end run around the 4th Amendment, giving the FBI broad access to searching through the communications of Americans with what appears to be almost no oversight. Yikes! Oh, and it's not just the NSA, but the CIA as well. Remember, the CIA is not supposed to be doing any surveillance on US persons (like the NSA), but that's not what's happening at all. At least the CIA tracks some (but not all) of its abuse of backdoor searches:
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  • The FBI does not track how many queries it conducts using U.S. person identifiers. The FBI is responsible for identifying and countering threats to the homeland, such as terrorism pilots and espionage, inside the U.S. Unlike other IC agencies, because of its domestic mission, the FBI routinely deals with information about US persons and is expected to look for domestic connections to threats emanating from abroad, including threats involving Section 702 non-US. person targets. To fulfill its mission and avoid missing connections within the information lawfully in its possession, the FBI does not distinguish between U.S. and non- U.S. persons for purposes of querying Section 702 collection. It should be noted that the FBI does not receive all of Section 702 collection; rather, the FBI only requests and receives a small percentage of total Section 702 collection and only for those selectors in which the FBI has an investigative interest. Moreover, because the FBI stores Section 702 collection in the same database as its "traditional" FISA collection, a query of "traditional" FISA collection will also query Section 702 collection. In addition, the FBI routinely conducts queries across its databases in an effort to locate relevant information that is already in its possession when it opens new national security investigations and assessments. Therefore, the FBI believes the number of queries is substantial. However, only FBI personnel trained in the Section 702 minimization procedures are able to View any Section 702 collection that is responsive to any query.
  • In calendar year 2013, CIA conducted fewer than 1900 queries of Section 702-acquired communications using specific U.S. person identifiers as query terms or other more general query terms if they are intended to return information about a particular U.S. person. Of that total number approximately 40% were conducted as a result of requests for counterterrorism-related information from other U.S. intelligence agencies. Approximately 27% of the total number are duplicative or recurring queries conducted at different times using the same identifiers but that CIA nonetheless counts as separate queries. CIA also uses U.S. person identifiers to conduct metadata-only queries against metadata derived from the FISA Section 702 collection. However, the CIA does not track the number of metadata-only queries using U.S. person identifiers.
  • So, the CIA is doing these kinds of warrantless fishing expeditions into the communications of Americans as well, but at least the CIA tracks how often it's doing so. Of course, when it comes to metadata searches, the CIA doesn't bother. It's also a bit bizarre that the CIA is apparently carrying out a bunch of those searches for "other U.S. intelligence agencies," when the CIA should be especially limited in its ability to do these searches in the first place. Senator Wyden has responded to these revelations by pointing out how "flawed" the oversight system is that these have been allowed:
  • When the FBI says it conducts a substantial number of searches and it has no idea of what the number is, it shows how flawed this system is and the consequences of inadequate oversight. This huge gap in oversight is a problem now, and will only grow as global communications systems become more interconnected. The findings transmitted to me raise questions about whether the FBI is exercising any internal controls over the use of backdoor searches including who and how many government employees can access the personal data of individual Americans. I intend to follow this up until it is fixed.
  • Hopefully, now you are starting to recognize what a big deal it was last week when the House of Representatives recently voted to defund the ability to do these kinds of backdoor searches. Still, much more needs to be done. Oh, and in case you're wondering why Clapper finally 'fessed up to the FBI and CIA making use of these data to warrantlessly spy on Americans, it's worth noting that the Privacy and Civil Liberties Oversight Board (PCLOB) is expected to come out with its report on the Section 702 surveillance program on July 2nd (7/02, get it?). It seems likely that the report will discuss these backdoor searches on Americans and how other agencies besides the NSA has been involved in the practice.
  • Paul Merrell on 01 Jul 14
     
    Note to self: Look for the new PCLOB report in the morning. 
Paul Merrell

The 'Athens Affair' shows why we need encryption without backdoors | Trevor Timm | Comm... - 0 views

www.theguardian.com/...ns-affair-encryption-backdoors

surveillance state NSA Athens-Affair Bamford

shared by Paul Merrell on 11 Oct 15 - No Cached
  • Just as it seems the White House is close to finally announcing its policy on encryption - the FBI has been pushing for tech companies like Apple and Google to insert backdoors into their phones so the US government can always access users’ data - new Snowden revelations and an investigation by a legendary journalist show exactly why the FBI’s plans are so dangerous. One of the biggest arguments against mandating backdoors in encryption is the fact that, even if you trust the United States government never to abuse that power (and who does?), other criminal hackers and foreign governments will be able to exploit the backdoor to use it themselves. A backdoor is an inherent vulnerability that other actors will attempt to find and try to use it for their own nefarious purposes as soon as they know it exists, putting all of our cybersecurity at risk. In a meticulous investigation, longtime NSA reporter James Bamford reported at the Intercept Tuesday that the NSA was behind the notorious “Athens Affair”. In surveillance circles, the Athens Affair is stuff of legend: after the 2004 Olympics, the Greek government discovered that an unknown attacker had hacked into Vodafone’s “lawful intercept” system, the phone company’s mechanism of wiretapping phone calls. The attacker spied on phone calls of the president, other Greek politicians and journalists before it was discovered. According to Bamford’s story, all this happened after the US spy agency cooperated with Greek law enforcement to keep an eye on potential terrorist attacks for the Olympics. Instead of packing up their surveillance gear, they covertly pointed it towards the Greek government and its people. But that’s not all: according to Snowden documents that Bamford cited, this is a common tactic of the NSA. They often attack the “lawful intercept” systems in other countries to spy on government and citizens without their knowledge:
  • Exploiting the weaknesses associated with lawful intercept programs was a common trick for NSA. According to a previously unreleased top-secret PowerPoint presentation from 2012, titled “Exploiting Foreign Lawful Intercept Roundtable”, the agency’s “countries of interest” for this work included, at that time, Mexico, Indonesia, Egypt and others. The presentation also notes that NSA had about 60 “Fingerprints” — ways to identify data — from telecom companies and industry groups that develop lawful intercept systems, including Ericsson, as well as Motorola, Nokia and Siemens. It’s the exact nightmare scenario security experts have warned about when it comes to backdoors: they are not only available to those that operate them “legally”, but also to those who can hack into them to spy without anyone’s knowledge. If the NSA can do it, so can China, Russia and a host of other malicious actors.
Paul Merrell

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

www.mintpressnews.com/...213028

surveillance state encryption NSA Comey

shared by Paul Merrell on 25 Jan 16 - No Cached
  • NSA Director Finally Admits Encryption Is Needed to Protect Public’s Privacy The new stance denotes a growing awareness within the government that Americans are not comfortable with the State’s grip on their data. By Carey Wedler | AntiMedia | January 22, 2016 Share this article! https://mail.google.com/mail/?view=cm&fs=1&to&su=NSA%20Director%20Finally%20Admits%20Encryption%20Is%20Needed%20to%20Protect%20Public%E2%80%99s%20Privacy&body=http%3A%2F%2Fwww.mintpress
  • Rogers cited the recent Office of Personnel Management hack of over 20 million users as a reason to increase encryption rather than scale it back. “What you saw at OPM, you’re going to see a whole lot more of,” he said, referring to the massive hack that compromised the personal data about 20 million people who obtained background checks. Rogers’ comments, while forward-thinking, signify an about face in his stance on encryption. In February 2015, he said he “shares [FBI] Director [James] Comey’s concern” about cell phone companies’ decision to add encryption features to their products. Comey has been one loudest critics of encryption. However, Rogers’ comments on Thursday now directly conflict with Comey’s stated position. The FBI director has publicly chastised encryption, as well as the companies that provide it. In 2014, he claimed Apple’s then-new encryption feature could lead the world to “a very dark place.” At a Department of Justice hearing in November, Comey testified that “Increasingly, the shadow that is ‘going dark’ is falling across more and more of our work.” Though he claimed, “We support encryption,” he insisted “we have a problem that encryption is crashing into public safety and we have to figure out, as people who care about both, to resolve it. So, I think the conversation’s in a healthier place.”
  • At the same hearing, Comey and Attorney General Loretta Lynch declined to comment on whether they had proof the Paris attackers used encryption. Even so, Comey recently lobbied for tech companies to do away with end-to-end encryption. However, his crusade has fallen on unsympathetic ears, both from the private companies he seeks to control — and from the NSA. Prior to Rogers’ statements in support of encryption Thursday, former NSA chief Michael Hayden said, “I disagree with Jim Comey. I actually think end-to-end encryption is good for America.” Still another former NSA chair has criticized calls for backdoor access to information. In October, Mike McConnell told a panel at an encryption summit that the United States is “better served by stronger encryption, rather than baking in weaker encryption.” Former Department of Homeland Security chief, Michael Chertoff, has also spoken out against government being able to bypass encryption.
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  • Regardless of these individual defenses of encryption, the Intercept explained why these statements may be irrelevant: “Left unsaid is the fact that the FBI and NSA have the ability to circumvent encryption and get to the content too — by hacking. Hacking allows law enforcement to plant malicious code on someone’s computer in order to gain access to the photos, messages, and text before they were ever encrypted in the first place, and after they’ve been decrypted. The NSA has an entire team of advanced hackers, possibly as many as 600, camped out at Fort Meade.”
  • Rogers statements, of course, are not a full-fledged endorsement of privacy, nor can the NSA be expected to make it a priority. Even so, his new stance denotes a growing awareness within the government that Americans are not comfortable with the State’s grip on their data. “So spending time arguing about ‘hey, encryption is bad and we ought to do away with it’ … that’s a waste of time to me,” Rogers said Thursday. “So what we’ve got to ask ourselves is, with that foundation, what’s the best way for us to deal with it? And how do we meet those very legitimate concerns from multiple perspectives?”
Paul Merrell

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

www.eff.org/...w-many-americans-impacted-data

surveillance state NSA 702 FISA legislation backdoor-serches stats

shared by Paul Merrell on 29 May 16 - No Cached
  • The Senate Judiciary Committee held an open hearing today on the FISA Amendments Act, the law that ostensibly authorizes the digital surveillance of hundreds of millions of people both in the United States and around the world. Section 702 of the law, scheduled to expire next year, is designed to allow U.S. intelligence services to collect signals intelligence on foreign targets related to our national security interests. However—thanks to the leaks of many whistleblowers including Edward Snowden, the work of investigative journalists, and statements by public officials—we now know that the FISA Amendments Act has been used to sweep up data on hundreds of millions of people who have no connection to a terrorist investigation, including countless Americans. What do we mean by “countless”? As became increasingly clear in the hearing today, the exact number of Americans impacted by this surveillance is unknown. Senator Franken asked the panel of witnesses, “Is it possible for the government to provide an exact count of how many United States persons have been swept up in Section 702 surveillance? And if not the exact count, then what about an estimate?”
  • Elizabeth Goitein, the Brennan Center director whose articulate and thought-provoking testimony was the highlight of the hearing, noted that at this time an exact number would be difficult to provide. However, she asserted that an estimate should be possible for most if not all of the government’s surveillance programs. None of the other panel participants—which included David Medine and Rachel Brand of the Privacy and Civil Liberties Oversight Board as well as Matthew Olsen of IronNet Cybersecurity and attorney Kenneth Wainstein—offered an estimate. Today’s hearing reaffirmed that it is not only the American people who are left in the dark about how many people or accounts are impacted by the NSA’s dragnet surveillance of the Internet. Even vital oversight committees in Congress like the Senate Judiciary Committee are left to speculate about just how far-reaching this surveillance is. It's part of the reason why we urged the House Judiciary Committee to demand that the Intelligence Community provide the public with a number. 
  • The lack of information makes rigorous oversight of the programs all but impossible. As Senator Franken put it in the hearing today, “When the public lacks even a rough sense of the scope of the government’s surveillance program, they have no way of knowing if the government is striking the right balance, whether we are safeguarding our national security without trampling on our citizens’ fundamental privacy rights. But the public can’t know if we succeed in striking that balance if they don’t even have the most basic information about our major surveillance programs."  Senator Patrick Leahy also questioned the panel about the “minimization procedures” associated with this type of surveillance, the privacy safeguard that is intended to ensure that irrelevant data and data on American citizens is swiftly deleted. Senator Leahy asked the panel: “Do you believe the current minimization procedures ensure that data about innocent Americans is deleted? Is that enough?”  David Medine, who recently announced his pending retirement from the Privacy and Civil Liberties Oversight Board, answered unequivocally:
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  • Senator Leahy, they don’t. The minimization procedures call for the deletion of innocent Americans’ information upon discovery to determine whether it has any foreign intelligence value. But what the board’s report found is that in fact information is never deleted. It sits in the databases for 5 years, or sometimes longer. And so the minimization doesn’t really address the privacy concerns of incidentally collected communications—again, where there’s been no warrant at all in the process… In the United States, we simply can’t read people’s emails and listen to their phone calls without court approval, and the same should be true when the government shifts its attention to Americans under this program. One of the most startling exchanges from the hearing today came toward the end of the session, when Senator Dianne Feinstein—who also sits on the Intelligence Committee—seemed taken aback by Ms. Goitein’s mention of “backdoor searches.” 
  • Feinstein: Wow, wow. What do you call it? What’s a backdoor search? Goitein: Backdoor search is when the FBI or any other agency targets a U.S. person for a search of data that was collected under Section 702, which is supposed to be targeted against foreigners overseas. Feinstein: Regardless of the minimization that was properly carried out. Goitein: Well the data is searched in its unminimized form. So the FBI gets raw data, the NSA, the CIA get raw data. And they search that raw data using U.S. person identifiers. That’s what I’m referring to as backdoor searches. It’s deeply concerning that any member of Congress, much less a member of the Senate Judiciary Committee and the Senate Intelligence Committee, might not be aware of the problem surrounding backdoor searches. In April 2014, the Director of National Intelligence acknowledged the searches of this data, which Senators Ron Wyden and Mark Udall termed “the ‘back-door search’ loophole in section 702.” The public was so incensed that the House of Representatives passed an amendment to that year's defense appropriations bill effectively banning the warrantless backdoor searches. Nonetheless, in the hearing today it seemed like Senator Feinstein might not recognize or appreciate the serious implications of allowing U.S. law enforcement agencies to query the raw data collected through these Internet surveillance programs. Hopefully today’s testimony helped convince the Senator that there is more to this topic than what she’s hearing in jargon-filled classified security briefings.
  • Paul Merrell on 29 May 16
     
    The 4th Amendment: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and *particularly describing the place to be searched, and the* persons or *things to be seized."* So much for the particularized description of the place to be searched and the thngs to be seized.  Fah! Who needs a Constitution, anyway .... 
Gary Edwards

Jim Kunstler's 2014 Forecast - Burning Down The House | Zero Hedge - 0 views

www.zerohedge.com/...14-forecast-burning-down-house

Banksters

shared by Gary Edwards on 08 Jan 14 - No Cached
  • Gary Edwards on 08 Jan 14
     
    Incredible must read analysis. Take away: the world is going to go "medevil". It's the only way out of this mess. Since the zero hedge layout is so bad, i'm going to post as much of the article as Diigo will allow: Jim Kunstler's 2014 Forecast - Burning Down The House Submitted by Tyler Durden on 01/06/2014 19:36 -0500 Submitted by James H. Kunstler of Kunstler.com , Many of us in the Long Emergency crowd and like-minded brother-and-sisterhoods remain perplexed by the amazing stasis in our national life, despite the gathering tsunami of forces arrayed to rock our economy, our culture, and our politics. Nothing has yielded to these forces already in motion, so far. Nothing changes, nothing gives, yet. It's like being buried alive in Jell-O. It's embarrassing to appear so out-of-tune with the consensus, but we persevere like good soldiers in a just war. Paper and digital markets levitate, central banks pull out all the stops of their magical reality-tweaking machine to manipulate everything, accounting fraud pervades public and private enterprise, everything is mis-priced, all official statistics are lies of one kind or another, the regulating authorities sit on their hands, lost in raptures of online pornography (or dreams of future employment at Goldman Sachs), the news media sprinkles wishful-thinking propaganda about a mythical "recovery" and the "shale gas miracle" on a credulous public desperate to believe, the routine swindles of medicine get more cruel and blatant each month, a tiny cohort of financial vampire squids suck in all the nominal wealth of society, and everybody else is left whirling down the drain of posterity in a vortex of diminishing returns and scuttled expectations. Life in the USA is like living in a broken-down, cob-jobbed, vermin-infested house that needs to be gutted, disinfected, and rebuilt - with the hope that it might come out of the restoration process retaining the better qualities of our heritage.
Paul Merrell

Sorry for letting them snoop? Dell apologizes for 'inconvenience' caused by NSA backdoo... - 0 views

rt.com/...ell-appelbaum-30c3-apology-027

surveillance state NSA NSA-methods backdoors NSA-backdoors hardware

shared by Paul Merrell on 01 Jan 14 - No Cached
  • Security researcher Jacob Appelbaum dropped a bombshell of sorts earlier this week when he accused American tech companies of placing government-friendly backdoors in their devices. Now Texas-based Dell Computers is offering an apology. Or to put it more accurately, Dell told an irate customer on Monday that they “regret the inconvenience” caused by selling to the public for years a number of products that the intelligence community has been able to fully compromise in complete silence up until this week. Dell, Apple, Western Digital and an array of other Silicon Valley-firms were all name-checked during Appelbaum’s hour-long presentation Monday at the thirtieth annual Chaos Communication Congress in Hamburg, Germany. As RT reported then, the 30-year-old hacker-cum-activist unveiled before the audience at the annual expo a collection of never-before published National Security Agency documents detailing how the NSA goes to great lengths to compromise the computers and systems of groups on its long list of adversaries.
  • Spreading viruses and malware to infect targets and eavesdrop on their communications is just one of the ways the United States’ spy firm conducts surveillance, Appelbaum said. Along with those exploits, he added, the NSA has been manually inserting microscopic computer chips into commercially available products and using custom-made devices like hacked USB cables to silently collect intelligence. One of the most alarming methods of attack discussed during his address, however, comes as a result of all but certain collusion on the part of major United States tech companies. The NSA has information about vulnerabilities in products sold by the biggest names in the US computer industry, Appelbaum said, and at the drop off a hat the agency has the ability of launching any which type of attack to exploit the flaws in publically available products.
  • The NSA has knowledge pertaining to vulnerabilities in computer servers made by Dell and even Apple’s highly popular iPhone, among other devices, Appelbaum told his audience. “Hey Dell, why is that?” Appelbaum asked. “Love to hear your statement about that.”
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  • Appelbaum didn’t leave Dell off the hook after revealing just that one exploit known to the NSA, however. Before concluding his presentation, he displayed a top-secret document in which the agency makes reference to a hardware implant that could be manually installed onto Dell PowerEdge servers to exploit the JTAG debugging interface on its processor — a critical circuitry component that apparently contains a vulnerability known to the US government. “Why did Dell leave a JTAG debugging interface on these servers?” asked Appelbaum. “Because it’s like leaving a vulnerability in. Is that a bugdoor, or a backdoor or just a mistake? Well hopefully they will change these things or at least make it so that if you were to see this, you would know that you have some problems. Hopefully Dell will release some information about how to mitigate this advance persistent threat.” Appelbaum also provoked Apple by acknowledging that the NSA boasts of being able to hack into any of their mobile devices running the iOS operating system. “Either they have a huge collection of exploits that work against Apple products — meaning they are hoarding information about critical systems American companies product and sabotaging them — or Apple sabotages it themselves,” he said.
  • @DellCares @dellcarespro Inconvenience? You got to be F*ckin kidding me! You place an NSA bug in our servers and call it an inconvenience? — Martijn Wismeijer (@twiet) December 31, 2013
  • TechDirt reporter Mike Masnick noticed early Tuesday that Dell’s official customer service Twitter account opted to issue a cookie-cutter response that drips of insincerity. “Thanks you for reaching out and regret the inconvenience,” the Dell account tweeted to Wismeijer. “Our colleagues at @DellCaresPro will be able to help you out.” “Inconvenience? You got to be F*ckin kidding me!” Wismeijer responded. “You place an NSA bug in our servers and call it an inconvenience?”
  • Security researcher Jacob Appelbaum dropped a bombshell of sorts earlier this week when he accused American tech companies of placing government-friendly backdoors in their devices. Now Texas-based Dell Computers is offering an apology. Or to put it more accurately, Dell told an irate customer on Monday that they “regret the inconvenience” caused by selling to the public for years a number of products that the intelligence community has been able to fully compromise in complete silence up until this week. Dell, Apple, Western Digital and an array of other Silicon Valley-firms were all name-checked during Appelbaum’s hour-long presentation Monday at the thirtieth annual Chaos Communication Congress in Hamburg, Germany. As RT reported then, the 30-year-old hacker-cum-activist unveiled before the audience at the annual expo a collection of never-before published National Security Agency documents detailing how the NSA goes to great lengths to compromise the computers and systems of groups on its long list of adversaries.
Paul Merrell

Security Experts Oppose Government Access to Encrypted Communication - The New York Times - 0 views

www.nytimes.com/...o-encrypted-communication.html

encryption government-backdoors expert-report

shared by Paul Merrell on 08 Jul 15 - No Cached
  • An elite group of security technologists has concluded that the American and British governments cannot demand special access to encrypted communications without putting the world’s most confidential data and critical infrastructure in danger.A new paper from the group, made up of 14 of the world’s pre-eminent cryptographers and computer scientists, is a formidable salvo in a skirmish between intelligence and law enforcement leaders, and technologists and privacy advocates. After Edward J. Snowden’s revelations — with security breaches and awareness of nation-state surveillance at a record high and data moving online at breakneck speeds — encryption has emerged as a major issue in the debate over privacy rights.
  • That has put Silicon Valley at the center of a tug of war. Technology companies including Apple, Microsoft and Google have been moving to encrypt more of their corporate and customer data after learning that the National Security Agency and its counterparts were siphoning off digital communications and hacking into corporate data centers.
  • Yet law enforcement and intelligence agency leaders argue that such efforts thwart their ability to monitor kidnappers, terrorists and other adversaries. In Britain, Prime Minister David Cameron threatened to ban encrypted messages altogether. In the United States, Michael S. Rogers, the director of the N.S.A., proposed that technology companies be required to create a digital key to unlock encrypted data, but to divide the key into pieces and secure it so that no one person or government agency could use it alone.The encryption debate has left both sides bitterly divided and in fighting mode. The group of cryptographers deliberately issued its report a day before James B. Comey Jr., the director of the Federal Bureau of Investigation, and Sally Quillian Yates, the deputy attorney general at the Justice Department, are scheduled to testify before the Senate Judiciary Committee on the concerns that they and other government agencies have that encryption technologies will prevent them from effectively doing their jobs.
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  • The new paper is the first in-depth technical analysis of government proposals by leading cryptographers and security thinkers, including Whitfield Diffie, a pioneer of public key cryptography, and Ronald L. Rivest, the “R” in the widely used RSA public cryptography algorithm. In the report, the group said any effort to give the government “exceptional access” to encrypted communications was technically unfeasible and would leave confidential data and critical infrastructure like banks and the power grid at risk. Handing governments a key to encrypted communications would also require an extraordinary degree of trust. With government agency breaches now the norm — most recently at the United States Office of Personnel Management, the State Department and the White House — the security specialists said authorities could not be trusted to keep such keys safe from hackers and criminals. They added that if the United States and Britain mandated backdoor keys to communications, China and other governments in foreign markets would be spurred to do the same.
  • “Such access will open doors through which criminals and malicious nation-states can attack the very individuals law enforcement seeks to defend,” the report said. “The costs would be substantial, the damage to innovation severe and the consequences to economic growth hard to predict. The costs to the developed countries’ soft power and to our moral authority would also be considerable.”
  • Paul Merrell on 08 Jul 15
     
    Our system of government does not expect that every criminal will be apprehended and convicted. There are numerous values our society believes are more important. Some examples: [i] a presumption of innocence unless guilt is established beyond any reasonable doubt; [ii] the requirement that government officials convince a neutral magistrate that they have probable cause to believe that a search or seizure will produce evidence of a crime; [iii] many communications cannot be compelled to be disclosed and used in evidence, such as attorney-client communications, spousal communications, and priest-penitent communications; and [iv] etc. Moral of my story: the government needs a much stronger reason to justify interception of communications than saying, "some crooks will escape prosecution if we can't do that." We have a right to whisper to each other, concealing our communicatons from all others. Why does the right to whisper privately disappear if our whisperings are done electronically? The Supreme Court took its first step on a very slippery slope when it permitted wiretapping in Olmstead v. United States, 277 U.S. 438, 48 S. Ct. 564, 72 L. Ed. 944 (1928). https://goo.gl/LaZGHt It's been a long slide ever since. It's past time to revisit Olmstead and recognize that American citizens have the absolute right to communicate privately. "The President … recognizes that U.S. citizens and institutions should have a reasonable expectation of privacy from foreign or domestic intercept when using the public telephone system." - Brent Scowcroft, U.S. National Security Advisor, National Security Decision Memorandum 338 (1 September 1976) (Nixon administration), http://www.fas.org/irp/offdocs/nsdm-ford/nsdm-338.pdf   
Paul Merrell

Testosterone Pit - Home - The Other Reason Why IBM Throws A Billion At Linux ... - 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
Paul Merrell

"We cannot trust" Intel and Via's chip-based crypto, FreeBSD developers say | Ars Technica - 0 views

arstechnica.com/...-crypto-freebsd-developers-say

surveillance state NSA-targets-backdoors hardware-backdoors BSD NSA-reform

shared by Paul Merrell on 12 Dec 13 - No Cached
  • Developers of the FreeBSD operating system will no longer allow users to trust processors manufactured by Intel and Via Technologies as the sole source of random numbers needed to generate cryptographic keys that can't easily be cracked by government spies and other adversaries. The change, which will be effective in the upcoming FreeBSD version 10.0, comes three months after secret documents leaked by former National Security Agency (NSA) subcontractor Edward Snowden said the US spy agency was able to decode vast swaths of the Internet's encrypted traffic. Among other ways, The New York Times, Pro Publica, and The Guardian reported in September, the NSA and its British counterpart defeat encryption technologies by working with chipmakers to insert backdoors, or cryptographic weaknesses, in their products. The revelations are having a direct effect on the way FreeBSD will use hardware-based random number generators to seed the data used to ensure cryptographic systems can't be easily broken by adversaries. Specifically, "RDRAND" and "Padlock"—RNGs provided by Intel and Via respectively—will no longer be the sources FreeBSD uses to directly feed random numbers into the /dev/random engine used to generate random data in Unix-based operating systems. Instead, it will be possible to use the pseudo random output of RDRAND and Padlock to seed /dev/random only after it has passed through a separate RNG algorithm known as "Yarrow." Yarrow, in turn, will add further entropy to the data to ensure intentional backdoors, or unpatched weaknesses, in the hardware generators can't be used by adversaries to predict their output.
  • "For 10, we are going to backtrack and remove RDRAND and Padlock backends and feed them into Yarrow instead of delivering their output directly to /dev/random," FreeBSD developers said. "It will still be possible to access hardware random number generators, that is, RDRAND, Padlock etc., directly by inline assembly or by using OpenSSL from userland, if required, but we cannot trust them any more." In separate meeting minutes, developers specifically invoked Snowden's name when discussing the change. "Edward Snowdon [sic] -- v. high probability of backdoors in some (HW) RNGs," the notes read, referring to hardware RNGs. Then, alluding to the Dual EC_DRBG RNG forged by the National Institute of Standards and Technology and said to contain an NSA-engineered backdoor, the notes read: "Including elliptic curve generator included in NIST. rdrand in ivbridge not implemented by Intel... Cannot trust HW RNGs to provide good entropy directly. (rdrand implemented in microcode. Intel will add opcode to go directly to HW.) This means partial revert of some work on rdrand and padlock."
  • Paul Merrell on 12 Dec 13
     
    Hopefully, all Linux distros jump on this bandwagon.
Paul Merrell

Clipper chip - Wikipedia, the free encyclopedia - 0 views

en.wikipedia.org/...Clipper_chip

surveillance state NSA NSA-backdoors Clipper-chip

shared by Paul Merrell on 31 Dec 13 - No Cached
  • The Clipper chip was not embraced by consumers or manufacturers and the chip itself was no longer relevant by 1996. The U.S. government continued to press for key escrow by offering incentives to manufacturers, allowing more relaxed export controls if key escrow were part of cryptographic software that was exported. These attempts were largely made moot by the widespread use of strong cryptographic technologies, such as PGP, which were not under the control of the U.S. government.
  • Paul Merrell on 31 Dec 13
     
    But were the government attempts actually mooted? Or did they come up with other bribes for the OEMs to add NSA backdoors to their hardware? An inquiring world wishes to know. See http://www.spiegel.de/international/world/catalog-reveals-nsa-has-back-doors-for-numerous-devices-a-940994.html (NSA backdoors in routers and hard drives). 
Paul Merrell

U.S. to China: We Hacked Your Internet Gear We Told You Not to Hack | Wired Enterprise ... - 0 views

www.wired.com/...nsa-cisco-huawei-china

surveillance state U.S. China NSA-backdoors

shared by Paul Merrell on 01 Jan 14 - No Cached
  • The headline news is that the NSA has surreptitiously “burrowed its way into nearly all the security architecture” sold by the world’s largest computer networking companies, including everyone from U.S. mainstays Cisco and Juniper to Chinese giant Huawei. But beneath this bombshell of a story from Der Spiegel, you’ll find a rather healthy bit of irony. After all, the United States government has spent years complaining that Chinese intelligence operations could find ways of poking holes in Huawei networking gear, urging both American businesses and foreign allies to sidestep the company’s hardware. The complaints grew so loud that, at one point, Huawei indicated it may abandon the U.S. networking market all together. And, yet, Der Speigel now tells us that U.S. intelligence operations have been poking holes in Huawei networking gear — not to mention hardware sold by countless other vendors in both the States and abroad. “We read the media reports, and we’ve noted the references to Huawei and our peers,” says William Plummer, a Huawei vice president and the company’s point person in Washington, D.C. “As we have said, over and over again — and as now seems to be validated — threats to networks and data integrity can come from any and many sources.”
  • Plummer and Huawei have long complained that when the U.S. House Intelligence Committee released a report in October 2012 condemning the use of Huawei gear in telephone and data networks, it failed to provide any evidence that the Chinese government had compromised the company’s hardware. Adam Segal, a senior fellow for China Studies at the Center for Foreign Relations, makes the same point. And now we have evidence — Der Spiegel cites leaked NSA documents — that the U.S. government has compromised gear on a massive scale. “Do I see the irony? Certainly the Chinese will,” Segal says, noting that the Chinese government and the Chinese press have complained of U.S hypocrisy ever since former government contractor Edward Snowden first started to reveal NSA surveillance practices last summer. “The Chinese government has been hammering home what they call the U.S.’s ulterior motives for criticizing China, and there’s been a steady drumbeat of stories in the Chinese press about backdoors in the products of U.S. companies. They’ve been going after Cisco in particular.”
  • To be sure, the exploits discussed by Der Spiegel are a little different from the sort of attacks Congress envisioned during its long campaign against Huawei and ZTE, another Chinese manufacturer. As Segal and others note, Congress mostly complained that the Chinese government could collaborate with people inside the two companies to plant backdoors in their gear, with lawmakers pointing out that Huawei’s CEO was once an officer in China’s People’s Liberation Army, or PLA, the military arm of the country’s Communist party. Der Spiegel, by contrast, says the NSA is exploiting hardware without help from anyone inside the Ciscos and the Huaweis, focusing instead on compromising network gear with clever hacks or intercepting the hardware as it’s shipped to customers. “For the most part, the article discusses typical malware exploits used by hackers everywhere,” says JR Rivers, an engineer who has built networking hardware for Cisco as well as Google and now runs the networking startup Cumulus Networks. “It’s just pointing out that the NSA is engaged in the practice and has resources that are not available to most people.” But in the end, the two types of attack have the same result: Networking gear controlled by government spies. And over the last six months, Snowden’s revelations have indicated that the NSA is not only hacking into networks but also collaborating with large American companies in its hunt for data.
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  • Jim Lewis, a director and senior fellow with the Center for Strategic and International Studies, adds that the Chinese view state-sponsored espionage a little differently than the U.S. does. Both countries believe in espionage for national security purposes, but the Chinese argue that such spying might include the theft of commercial secrets. “The Chinese will tell you that stealing technology and business secrets is a way of building their economy, and that this is important for national security,” says Lewis, who has helped oversee meetings between the U.S. and the Chinese, including officers in the PLA. “I’ve been in the room when they’ve said that. The last time was when a PLA colonel said: ‘In the U.S., military espionage is heroic and economic espionage is a crime. In China, the line is not that clear.’” But here in the United States, we now know, the NSA may blur other lines in the name of national security. Segal says that although he, as an American, believes the U.S. government is on stronger ethical ground than the Chinese, other nations are beginning to question its motives. “The U.S has to convince other countries that our type of intelligence gathering is different,” he says. “I don’t think that the Brazils and the Indias and the Indonesias and the South Africas are convinced. That’s a big problem for us.”
  • The thing to realize, as the revelations of NSA snooping continue to pour out, is that everyone deserves scrutiny — the U.S government and its allies, as well as the Chinese and others you may be more likely to view with skepticism. “All big countries,” Lewis says, “are going to try and do this.”
  • Paul Merrell on 01 Jan 14
     
    Of course, we now know that the U.S. conducts electronic surveillance for a multitude of purposes, including economic. Check this group's notes tagged "NSA-targets" and/or "NSA-goals".
Paul Merrell

Catalog Reveals NSA Has Back Doors for Numerous Devices - SPIEGEL ONLINE - 0 views

www.spiegel.de/...numerous-devices-a-940994.html

surveillance state NSA NSA-methods NSA-backdoors routers hard-drives must-read

shared by Paul Merrell on 30 Dec 13 - No Cached
  • When it comes to modern firewalls for corporate computer networks, the world's second largest network equipment manufacturer doesn't skimp on praising its own work. According to Juniper Networks' online PR copy, the company's products are "ideal" for protecting large companies and computing centers from unwanted access from outside. They claim the performance of the company's special computers is "unmatched" and their firewalls are the "best-in-class." Despite these assurances, though, there is one attacker none of these products can fend off -- the United States' National Security Agency.
  • Specialists at the intelligence organization succeeded years ago in penetrating the company's digital firewalls. A document viewed by SPIEGEL resembling a product catalog reveals that an NSA division called ANT has burrowed its way into nearly all the security architecture made by the major players in the industry -- including American global market leader Cisco and its Chinese competitor Huawei, but also producers of mass-market goods, such as US computer-maker Dell.
  • The specialists at ANT, which presumably stands for Advanced or Access Network Technology, could be described as master carpenters for the NSA's department for Tailored Access Operations (TAO). In cases where TAO's usual hacking and data-skimming methods don't suffice, ANT workers step in with their special tools, penetrating networking equipment, monitoring mobile phones and computers and diverting or even modifying data. Such "implants," as they are referred to in NSA parlance, have played a considerable role in the intelligence agency's ability to establish a global covert network that operates alongside the Internet. Some of the equipment available is quite inexpensive. A rigged monitor cable that allows "TAO personnel to see what is displayed on the targeted monitor," for example, is available for just $30. But an "active GSM base station" -- a tool that makes it possible to mimic a mobile phone tower and thus monitor cell phones -- costs a full $40,000. Computer bugging devices disguised as normal USB plugs, capable of sending and receiving data via radio undetected, are available in packs of 50 for over $1 million.
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  • These NSA agents, who specialize in secret back doors, are able to keep an eye on all levels of our digital lives -- from computing centers to individual computers, and from laptops to mobile phones. For nearly every lock, ANT seems to have a key in its toolbox. And no matter what walls companies erect, the NSA's specialists seem already to have gotten past them. This, at least, is the impression gained from flipping through the 50-page document. The list reads like a mail-order catalog, one from which other NSA employees can order technologies from the ANT division for tapping their targets' data. The catalog even lists the prices for these electronic break-in tools, with costs ranging from free to $250,000. In the case of Juniper, the name of this particular digital lock pick is "FEEDTROUGH." This malware burrows into Juniper firewalls and makes it possible to smuggle other NSA programs into mainframe computers. Thanks to FEEDTROUGH, these implants can, by design, even survive "across reboots and software upgrades." In this way, US government spies can secure themselves a permanent presence in computer networks. The catalog states that FEEDTROUGH "has been deployed on many target platforms."
  • The ANT division doesn't just manufacture surveillance hardware. It also develops software for special tasks. The ANT developers have a clear preference for planting their malicious code in so-called BIOS, software located on a computer's motherboard that is the first thing to load when a computer is turned on. This has a number of valuable advantages: an infected PC or server appears to be functioning normally, so the infection remains invisible to virus protection and other security programs. And even if the hard drive of an infected computer has been completely erased and a new operating system is installed, the ANT malware can continue to function and ensures that new spyware can once again be loaded onto what is presumed to be a clean computer. The ANT developers call this "Persistence" and believe this approach has provided them with the possibility of permanent access. Another program attacks the firmware in hard drives manufactured by Western Digital, Seagate, Maxtor and Samsung, all of which, with the exception of the latter, are American companies. Here, too, it appears the US intelligence agency is compromising the technology and products of American companies.
  • Other ANT programs target Internet routers meant for professional use or hardware firewalls intended to protect company networks from online attacks. Many digital attack weapons are "remotely installable" -- in other words, over the Internet. Others require a direct attack on an end-user device -- an "interdiction," as it is known in NSA jargon -- in order to install malware or bugging equipment. There is no information in the documents seen by SPIEGEL to suggest that the companies whose products are mentioned in the catalog provided any support to the NSA or even had any knowledge of the intelligence solutions. "Cisco does not work with any government to modify our equipment, nor to implement any so-called security 'back doors' in our products," the company said in a statement. Contacted by SPIEGEL reporters, officials at Western Digital, Juniper Networks and Huawei also said they had no knowledge of any such modifications. Meanwhile, Dell officials said the company "respects and complies with the laws of all countries in which it operates." Many of the items in the software solutions catalog date from 2008, and some of the target server systems that are listed are no longer on the market today. At the same time, it's not as if the hackers within the ANT division have been sleeping on the job. They have continued to develop their arsenal. Some pages in the 2008 catalog, for example, list new systems for which no tools yet exist. However, the authors promise they are already hard at work developing new tools and that they will be "pursued for a future release."
  • Paul Merrell on 30 Dec 13
     
    Oh, great. My router and all of my hard drives have NSA backdoors in them. And my BIOS on the Linux box may be infected with a backdoor. What are the odds that NSA has not developed similar capability for the UEFI on our two newer Windows boxes? 
Paul Merrell

EFF Pries More Information on Zero Days from the Government's Grasp | Electronic Fronti... - 0 views

www.eff.org/...cy-zero-days-governments-grasp

surveillance state zero-day-exploits FOIA litigation

shared by Paul Merrell on 26 Jan 16 - No Cached
  • Until just last week, the U.S. government kept up the charade that its use of a stockpile of security vulnerabilities for hacking was a closely held secret.1 In fact, in response to EFF’s FOIA suit to get access to the official U.S. policy on zero days, the government redacted every single reference to “offensive” use of vulnerabilities. To add insult to injury, the government’s claim was that even admitting to offensive use would cause damage to national security. Now, in the face of EFF’s brief marshaling overwhelming evidence to the contrary, the charade is over. In response to EFF’s motion for summary judgment, the government has disclosed a new version of the Vulnerabilities Equities Process, minus many of the worst redactions. First and foremost, it now admits that the “discovery of vulnerabilities in commercial information technology may present competing ‘equities’ for the [government’s] offensive and defensive mission.” That might seem painfully obvious—a flaw or backdoor in a Juniper router is dangerous for anyone running a network, whether that network is in the U.S. or Iran. But the government’s failure to adequately weigh these “competing equities” was so severe that in 2013 a group of experts appointed by President Obama recommended that the policy favor disclosure “in almost all instances for widely used code.” [.pdf].
  • The newly disclosed version of the Vulnerabilities Equities Process (VEP) also officially confirms what everyone already knew: the use of zero days isn’t confined to the spies. Rather, the policy states that the “law enforcement community may want to use information pertaining to a vulnerability for similar offensive or defensive purposes but for the ultimate end of law enforcement.” Similarly it explains that “counterintelligence equities can be defensive, offensive, and/or law enforcement-related” and may “also have prosecutorial responsibilities.” Given that the government is currently prosecuting users for committing crimes over Tor hidden services, and that it identified these individuals using vulnerabilities called a “Network Investigative Technique”, this too doesn’t exactly come as a shocker. Just a few weeks ago, the government swore that even acknowledging the mere fact that it uses vulnerabilities offensively “could be expected to cause serious damage to the national security.” That’s a standard move in FOIA cases involving classified information, even though the government unnecessarily classifies documents at an astounding rate. In this case, the government relented only after nearly a year and a half of litigation by EFF. The government would be well advised to stop relying on such weak secrecy claims—it only risks undermining its own credibility.
  • The new version of the VEP also reveals significantly more information about the general process the government follows when a vulnerability is identified. In a nutshell, an agency that discovers a zero day is responsible for invoking the VEP, which then provides for centralized coordination and weighing of equities among all affected agencies. Along with a declaration from an official at the Office of the Director of National Intelligence, this new information provides more background on the reasons why the government decided to develop an overarching zero day policy in the first place: it “recognized that not all organizations see the entire picture of vulnerabilities, and each organization may have its own equities and concerns regarding the prioritization of patches and fixes, as well as its own distinct mission obligations.” We now know the VEP was finalized in February 2010, but the government apparently failed to implement it in any substantial way, prompting the presidential review group’s recommendation to prioritize disclosure over offensive hacking. We’re glad to have forced a little more transparency on this important issue, but the government is still foolishly holding on to a few last redactions, including refusing to name which agencies participate in the VEP. That’s just not supportable, and we’ll be in court next month to argue that the names of these agencies must be disclosed. 
Paul Merrell

Silicon Valley spars with Obama over 'backdoor' surveillance | TheHill - 0 views

thehill.com/...ama-over-backdoor-surveillance

surveillance state NSA encryption-backdoors Obama

shared by Paul Merrell on 27 Mar 15 - No Cached
  • Silicon Valley and a bipartisan group of lawmakers are lining up against the Obama administration, criticizing what they see as a lack of support for total online privacy.The steady rise of sophisticated privacy techniques such as encryption and anonymity software has put the government in a difficult position — trying to support the right to privacy while figuring out how to prevent people from evading law enforcement.ADVERTISEMENT“The technologies are evolving in ways that potentially make this trickier,” President Obama said during a January news conference with British Prime Minister David Cameron.The conundrum has led to a heated debate in Washington: Should law enforcement have guaranteed access to data?
  • The Obama administration — from officials with FBI and the National Security Agency (NSA) to the president himself — has come out in favor of some form of guaranteed access while still endorsing strong encryption.“If we get into a situation in which the technologies do not allow us at all to track somebody that we're confident is a terrorist,” Obama said, “that's a problem.”What shape that access takes, however, is unclear.“The dialogue that we're engaged in is designed to make sure that all of us feel confident that if there is an actual threat out there, our law enforcement and our intelligence officers can identify that threat and track that threat at the same time that our governments are not going around phishing into whatever text you might be sending on your smartphone,” Obama said. “And I think that's something that can be achieved.”Privacy hawks on Capitol Hill aren’t buying it.
  • “I don’t think much of that,” Rep. Joe Barton (R-Texas), co-founder of the Congressional Bipartisan Privacy Caucus, told The Hill. “We have a huge homeland security apparatus with almost unlimited authority to — with some sort of a reasonable suspicion — check almost any type of communication, whether it’s voice, Internet, telephonic, electronic, you name it.”“Those were positions that did not receive rave reviews here in Silicon Valley,” said Rep. Zoe Lofgren (D-Calif.), whose district includes parts of tech-heavy San Jose.Many believe the administration’s stance is inherently at odds with robust digital protection.“In order to fully implement what he's suggesting, you would need one of two things,” Lofgren said.One would be installing so-called “backdoors” in encryption — an access point known only to law enforcement agencies. Security experts find this concept abhorrent, since cyber crooks or foreign intelligence agencies would likely exploit it.
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  • The second would be to have a third-party company hold all user data, with some sort of agreement to disclose information to the government, Lofgren said.“I think actually the trend line is in a different direction, which is encryption that is not accessible to the companies that provide it, either,” she added.  Major tech companies like Apple have done exactly that, claiming that even they can’t unlock data on newer devices.
Paul Merrell

The All Writs Act, Software Licenses, and Why Judges Should Ask More Questions | Just S... - 0 views

www.justsecurity.org/...ware-licenses-judges-questions

surveillance state iPhone EULA warrant encryption-bypass

shared by Paul Merrell on 02 Nov 15 - No Cached
  • Pending before federal magistrate judge James Orenstein is the government’s request for an order obligating Apple, Inc. to unlock an iPhone and thereby assist prosecutors in decrypting data the government has seized and is authorized to search pursuant to a warrant. In an order questioning the government’s purported legal basis for this request, the All Writs Act of 1789 (AWA), Judge Orenstein asked Apple for a brief informing the court whether the request would be technically feasible and/or burdensome. After Apple filed, the court asked it to file a brief discussing whether the government had legal grounds under the AWA to compel Apple’s assistance. Apple filed that brief and the government filed a reply brief last week in the lead-up to a hearing this morning.
  • We’ve long been concerned about whether end users own software under the law. Software owners have rights of adaptation and first sale enshrined in copyright law. But software publishers have claimed that end users are merely licensees, and our rights under copyright law can be waived by mass-market end user license agreements, or EULAs. Over the years, Granick has argued that users should retain their rights even if mass-market licenses purport to take them away. The government’s brief takes advantage of Apple’s EULA for iOS to argue that Apple, the software publisher, is responsible for iPhones around the world. Apple’s EULA states that when you buy an iPhone, you’re not buying the iOS software it runs, you’re just licensing it from Apple. The government argues that having designed a passcode feature into a copy of software which it owns and licenses rather than sells, Apple can be compelled under the All Writs Act to bypass the passcode on a defendant’s iPhone pursuant to a search warrant and thereby access the software owned by Apple. Apple’s supplemental brief argues that in defining its users’ contractual rights vis-à-vis Apple with regard to Apple’s intellectual property, Apple in no way waived its own due process rights vis-à-vis the government with regard to users’ devices. Apple’s brief compares this argument to forcing a car manufacturer to “provide law enforcement with access to the vehicle or to alter its functionality at the government’s request” merely because the car contains licensed software. 
  • This is an interesting twist on the decades-long EULA versus users’ rights fight. As far as we know, this is the first time that the government has piggybacked on EULAs to try to compel software companies to provide assistance to law enforcement. Under the government’s interpretation of the All Writs Act, anyone who makes software could be dragooned into assisting the government in investigating users of the software. If the court adopts this view, it would give investigators immense power. The quotidian aspects of our lives increasingly involve software (from our cars to our TVs to our health to our home appliances), and most of that software is arguably licensed, not bought. Conscripting software makers to collect information on us would afford the government access to the most intimate information about us, on the strength of some words in some license agreements that people never read. (And no wonder: The iPhone’s EULA came to over 300 pages when the government filed it as an exhibit to its brief.)
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  • The government’s brief does not acknowledge the sweeping implications of its arguments. It tries to portray its requested unlocking order as narrow and modest, because it “would not require Apple to make any changes to its software or hardware, … [or] to introduce any new ability to access data on its phones. It would simply require Apple to use its existing capability to bypass the passcode on a passcode-locked iOS 7 phone[.]” But that undersells the implications of the legal argument the government is making: that anything a company already can do, it could be compelled to do under the All Writs Act in order to assist law enforcement. Were that the law, the blow to users’ trust in their encrypted devices, services, and products would be little different than if Apple and other companies were legally required to design backdoors into their encryption mechanisms (an idea the government just can’t seem to drop, its assurances in this brief notwithstanding). Entities around the world won’t buy security software if its makers cannot be trusted not to hand over their users’ secrets to the US government. That’s what makes the encryption in iOS 8 and later versions, which Apple has told the court it “would not have the technical ability” to bypass, so powerful — and so despised by the government: Because no matter how broadly the All Writs Act extends, no court can compel Apple to do the impossible.
Paul Merrell

Inside TAO: The NSA's Shadow Network - SPIEGEL ONLINE - 0 views

www.spiegel.de/...lobal-networks-a-940969-3.html

surveillance state NSA TAO NSA-methods parallel-internet must-read

shared by Paul Merrell on 30 Dec 13 - No Cached
  • The insert method and other variants of QUANTUM are closely linked to a shadow network operated by the NSA alongside the Internet, with its own, well-hidden infrastructure comprised of "covert" routers and servers. It appears the NSA also incorporates routers and servers from non-NSA networks into its covert network by infecting these networks with "implants" that then allow the government hackers to control the computers remotely. (Click here to read a related article on the NSA's "implants".) In this way, the intelligence service seeks to identify and track its targets based on their digital footprints. These identifiers could include certain email addresses or website cookies set on a person's computer. Of course, a cookie doesn't automatically identify a person, but it can if it includes additional information like an email address. In that case, a cookie becomes something like the web equivalent of a fingerprint.
  • Once TAO teams have gathered sufficient data on their targets' habits, they can shift into attack mode, programming the QUANTUM systems to perform this work in a largely automated way. If a data packet featuring the email address or cookie of a target passes through a cable or router monitored by the NSA, the system sounds the alarm. It determines what website the target person is trying to access and then activates one of the intelligence service's covert servers, known by the codename FOXACID. This NSA server coerces the user into connecting to NSA covert systems rather than the intended sites. In the case of Belgacom engineers, instead of reaching the LinkedIn page they were actually trying to visit, they were also directed to FOXACID servers housed on NSA networks. Undetected by the user, the manipulated page transferred malware already custom tailored to match security holes on the target person's computer. The technique can literally be a race between servers, one that is described in internal intelligence agency jargon with phrases like: "Wait for client to initiate new connection," "Shoot!" and "Hope to beat server-to-client response." Like any competition, at times the covert network's surveillance tools are "too slow to win the race." Often enough, though, they are effective. Implants with QUANTUMINSERT, especially when used in conjunction with LinkedIn, now have a success rate of over 50 percent, according to one internal document.
  • At the same time, it is in no way true to say that the NSA has its sights set exclusively on select individuals. Of even greater interest are entire networks and network providers, such as the fiber optic cables that direct a large share of global Internet traffic along the world's ocean floors. One document labeled "top secret" and "not for foreigners" describes the NSA's success in spying on the "SEA-ME-WE-4" cable system. This massive underwater cable bundle connects Europe with North Africa and the Gulf states and then continues on through Pakistan and India, all the way to Malaysia and Thailand. The cable system originates in southern France, near Marseille. Among the companies that hold ownership stakes in it are France Telecom, now known as Orange and still partly government-owned, and Telecom Italia Sparkle. The document proudly announces that, on Feb. 13, 2013, TAO "successfully collected network management information for the SEA-Me-We Undersea Cable Systems (SMW-4)." With the help of a "website masquerade operation," the agency was able to "gain access to the consortium's management website and collected Layer 2 network information that shows the circuit mapping for significant portions of the network."
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  • It appears the government hackers succeeded here once again using the QUANTUMINSERT method. The document states that the TAO team hacked an internal website of the operator consortium and copied documents stored there pertaining to technical infrastructure. But that was only the first step. "More operations are planned in the future to collect more information about this and other cable systems," it continues. But numerous internal announcements of successful attacks like the one against the undersea cable operator aren't the exclusive factors that make TAO stand out at the NSA. In contrast to most NSA operations, TAO's ventures often require physical access to their targets. After all, you might have to directly access a mobile network transmission station before you can begin tapping the digital information it provides.
  • To conduct those types of operations, the NSA works together with other intelligence agencies such as the CIA and FBI, which in turn maintain informants on location who are available to help with sensitive missions. This enables TAO to attack even isolated networks that aren't connected to the Internet. If necessary, the FBI can even make an agency-owned jet available to ferry the high-tech plumbers to their target. This gets them to their destination at the right time and can help them to disappear again undetected after as little as a half hour's work.
  • Sometimes it appears that the world's most modern spies are just as reliant on conventional methods of reconnaissance as their predecessors. Take, for example, when they intercept shipping deliveries. If a target person, agency or company orders a new computer or related accessories, for example, TAO can divert the shipping delivery to its own secret workshops. The NSA calls this method interdiction. At these so-called "load stations," agents carefully open the package in order to load malware onto the electronics, or even install hardware components that can provide backdoor access for the intelligence agencies. All subsequent steps can then be conducted from the comfort of a remote computer. These minor disruptions in the parcel shipping business rank among the "most productive operations" conducted by the NSA hackers, one top secret document relates in enthusiastic terms. This method, the presentation continues, allows TAO to obtain access to networks "around the world."
  • Paul Merrell on 30 Dec 13
     
    From page 3 of a 3-page article. The entire article is well worth reading. I chose this page to bookmark because of its disclosure that NSA is intercepting new computers before they are delivered and installing hardware and software backdoors, then reshipping them to their intended recipients. Although not mentioned, this implies the complicity of package shipment companies and conceivably government mail systems and original equipment manufacturers ("OEMs").  
Paul Merrell

NSA 'secret backdoor' paved way to U.S. phone, e-mail snooping | Politics and Law - CNE... - 0 views

news.cnet.com/...y-to-u.s-phone-e-mail-snooping

surveillance state NSA Obama lies must-read

shared by Paul Merrell on 17 Aug 13 - No Cached
  • The National Security Agency created a "secret backdoor" so its massive databases could be searched for the contents of U.S. citizens' confidential phone calls and e-mail messages without a warrant, according to the latest classified documents leaked by Edward Snowden. A report in the Guardian on Friday quoted Sen. Ron Wyden, an Oregon Democrat who serves on the Senate Intelligence Committee, as saying the secret rule offers a loophole allowing "warrantless searches for the phone calls or emails of law-abiding Americans." That appears to confirm what Rep. Jerrold Nadler, a New York Democrat, said in June after receiving a classified briefing from administration officials a few days earlier on the extent of the NSA's domestic surveillance operations. If the NSA wants "to listen to the phone," an analyst's decision is sufficient, without any other legal authorization required, Nadler said he had been told during the briefing. "I was rather startled," said Nadler, an attorney who serves on the House Judiciary Committee.
  • FBI Director Robert Mueller responded by assuring Nadler, according to a transcript of the hearing, that to "listen to the phone," the government would need "a particularized order" from the Foreign Intelligence Surveillance Court -- a claim that is contradicted by today's Guardian report and other documents. Mueller has been succeeded by James Comey, who was confirmed last month by the Senate. In response to a CNET article at the time, Director of National Intelligence James Clapper released a statement saying: "The statement that a single analyst can eavesdrop on domestic communications without proper legal authorization is incorrect and was not briefed to Congress." Clapper never elaborated, however, on what "proper" authorization would be. Today's top-secret document leaked by Snowden reveals that "procedures approved on 3 October 2011 now allow for use of certain United States person names and identifiers as query terms when reviewing collected FAA 702 data."
  • FAA 702 is a reference to section 702 of a 2008 law that amended the Foreign Intelligence Surveillance Act. Those amendments created a warrantless surveillance process that could be employed by NSA analysts, but Congress never intended it to be used domestically against American citizens: A congressional report accompanying the law claimed it allows electronic surveillance only of "persons located outside the United States in order to acquire foreign intelligence information." In reality, though, the Obama Justice Department has devised secret interpretations of FAA 702 carving out loopholes in what were intended to be strict privacy safeguards. One loophole revealed in June shows that NSA, CIA, and FBI analysts are granted broad access to data vacuumed up by the world's most powerful intelligence agency -- but are supposed to follow certain "targeting" and "minimization" procedures to limit the number of Americans who become individual targets of warrantless surveillance.
  • ...2 more annotations...
  • Today's disclosures appear to be at odds with what President Obama has said over the last two months in defense of NSA surveillance. "What I can say unequivocally is that if you are a U.S. person, the NSA cannot listen to your telephone calls and the NSA cannot target your e-mails," Obama has said. Earlier reports have indicated that the NSA has the ability to record nearly all domestic and international phone calls -- in case an analyst needed to access the recordings in the future. A Wired magazine article last year disclosed that the NSA has established "listening posts" that allow the agency to collect and sift through billions of phone calls through a massive new data center in Utah, "whether they originate within the country or overseas." That includes not just metadata, but also the contents of the communications.
  • AT&T and other telecommunications companies that allow the NSA to tap into their fiber links receive absolute immunity from civil liability or criminal prosecution, thanks to Section 702 of the FISA Amendments Act, which Congress renewed in 2012. It says that any civil lawsuit "against any person for providing assistance to an element of the intelligence community...shall be promptly dismissed." Section 702 of the law says surveillance may be authorized by the attorney general and director of national intelligence without prior approval by the secret Foreign Intelligence Surveillance Court -- in practice, this means analysts at the NSA and other agencies with intelligence functions -- as long as minimization requirements and general procedures blessed by the court are followed. It's unclear whether the court has approved the "secret backdoor" allowing Americans' e-mail and phone messages to be targeted for domestic surveillance.
Paul Merrell

Court gave NSA broad leeway in surveillance, documents show - The Washington Post - 0 views

www.washingtonpost.com/...3-8176-f2c941cf35f1_story.html

surveillance-state foreign-intelligence NSA-targets NSA-backdoors

shared by Paul Merrell on 01 Jul 14 - No Cached
  • Virtually no foreign government is off-limits for the National Security Agency, which has been authorized to intercept information “concerning” all but four countries, according to top-secret documents. The United States has long had broad no-spying arrangements with those four countries — Britain, Canada, Australia and New Zealand — in a group known collectively with the United States as the Five Eyes. But a classified 2010 legal certification and other documents indicate the NSA has been given a far more elastic authority than previously known, one that allows it to intercept through U.S. companies not just the communications of its overseas targets but any communications about its targets as well.
  • The certification — approved by the Foreign Intelligence Surveillance Court and included among a set of documents leaked by former NSA contractor Edward Snowden — lists 193 countries that would be of valid interest for U.S. intelligence. The certification also permitted the agency to gather intelligence about entities including the World Bank, the International Monetary Fund, the European Union and the International Atomic Energy Agency. The NSA is not necessarily targeting all the countries or organizations identified in the certification, the affidavits and an accompanying exhibit; it has only been given authority to do so. Still, the privacy implications are far-reaching, civil liberties advocates say, because of the wide spectrum of people who might be engaged in communication about foreign governments and entities and whose communications might be of interest to the United States.
  • On Friday, the Office of the Director of National Intelligence released a transparency report stating that in 2013 the government targeted nearly 90,000 foreign individuals or organizations for foreign surveillance under the program. Some tech-industry lawyers say the number is relatively low, considering that several billion people use U.S. e-mail services.
  • ...4 more annotations...
  • That language could allow for surveillance of academics, journalists and human rights researchers. A Swiss academic who has information on the German government’s position in the run-up to an international trade negotiation, for instance, could be targeted if the government has determined there is a foreign-intelligence need for that information. If a U.S. college professor e-mails the Swiss professor’s e-mail address or phone number to a colleague, the American’s e-mail could be collected as well, under the program’s court-approved rules
  • Still, some lawmakers are concerned that the potential for intrusions on Americans’ privacy has grown under the 2008 law because the government is intercepting not just communications of its targets but communications about its targets as well. The expansiveness of the foreign-powers certification increases that concern.
  • In a 2011 FISA court opinion, a judge using an NSA-provided sample estimated that the agency could be collecting as many as 46,000 wholly domestic e-mails a year that mentioned a particular target’s e-mail address or phone number, in what is referred to as “about” collection. “When Congress passed Section 702 back in 2008, most members of Congress had no idea that the government was collecting Americans’ communications simply because they contained a particular individual’s contact information,” Sen. Ron Wyden (D-Ore.), who has co-sponsored ­legislation to narrow “about” collection authority, said in an e-mail to The Washington Post. “If ‘about the target’ collection were limited to genuine national security threats, there would be very little privacy impact. In fact, this collection is much broader than that, and it is scooping up huge amounts of Americans’ wholly domestic communications.”
  • The only reason the court has oversight of the NSA program is that Congress in 2008 gave the government a new authority to gather intelligence from U.S. companies that own the Internet cables running through the United States, former officials noted. Edgar, the former privacy officer at the Office of the Director of National Intelligence, said ultimately he believes the authority should be narrowed. “There are valid privacy concerns with leaving these collection decisions entirely in the executive branch,” he said. “There shouldn’t be broad collection, using this authority, of foreign government information without any meaningful judicial role that defines the limits of what can be collected.”
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