OpenStack 06/24/2016 (p.m.)

• Senate narrowly rejects new FBI surveillance | TheHill

  Too close for comfort and coming around the bernd again. 

  Tags: surveillance state, FBI, web-search-metadata, NSLs

  • - By Paul Merrell
  • The Senate narrowly rejected expanding the FBI's surveillance powers Wednesday in the wake of the worst mass shooting in U.S. history. 

     

    Senators voted 58-38 on a procedural hurdle, with 60 votes needed to move forward. Majority Leader Mitch McConnellMitch McConnellOvernight Finance: Wall Street awaits Brexit result | Clinton touts biz support | New threat to Puerto Rico bill? | Dodd, Frank hit back The Trail 2016: Berning embers McConnell quashes Senate effort on guns MORE, who initially voted "yes," switched his vote, which allows him to potentially bring the measure back up. 
  • The Senate GOP proposal—being offered as an amendment to the Commerce, Justice and Science appropriations bill—would allow the FBI to use "national security letters" to obtain people's internet browsing history and other information without a warrant during a terrorism or federal intelligence probe. 

     

    It would also permanently extend a Patriot Act provision — currently set to expire in 2019 — meant to monitor "lone wolf" extremists. 

     

    Senate Republicans said they would likely be able to get enough votes if McConnell schedules a redo.
  • Asked if he anticipates supporters will be able to get 60 votes, Sen. John CornynJohn CornynSenate to vote on two gun bills Senate Dems rip GOP on immigration ruling Post Orlando, hawks make a power play MORE (R-Texas) separately told reporters "that's certainly my expectation."

     

    McConnell urged support for the proposal earlier Wednesday, saying it would give the FBI to "connect the dots" in terrorist investigations. 

     

    "We can focus on defeating [the Islamic State in Iraq and Syria] or we can focus on partisan politics. Some of our colleagues many think this is all some game," he said. "I believe this is a serious moment that calls for serious solutions." 

     

    But Democrats—and some Republicans—raised concerns that the changes didn't go far enough to ensure Americans' privacy. 

     

    Sen. Ron WydenRon WydenPost Orlando, hawks make a power play Democrats seize spotlight with sit-in on guns Democrats stage sit-in on House floor to push for gun vote MORE (D-Ore.) blasted his colleagues for "hypocrisy" after a gunman killed 49 people and injured dozens more during the mass shooting in Orlando, Fla.

     

    "Due process ought to apply as it relates to guns, but due process wouldn't apply as it relates to the internet activity of millions of Americans," he said ahead of Wednesday's vote. "Supporters of this amendment...have suggested that Americans need to choose between protecting our security and protecting our constitutional right to privacy." 
  • The American Civil Liberties Union (ACLU) also came out in opposition the Senate GOP proposal on Tuesday, warning it would urge lawmakers to vote against it. 

Posted from Diigo. The rest of Open Web group favorite links are here.

OpenStack 05/29/2016 (p.m.)

• Save Firefox! | Electronic Frontier Foundation

  Tags: W3C, web-standards, CDM, encrypted-media-extensions EME DRM

  • The World Wide Web Consortium (W3C), once the force for open standards that kept browsers from locking publishers to their proprietary capabilities, has changed its mission. Since 2013, the organization has provided a forum where today's dominant browser companies and the dominant entertainment companies can collaborate on a system to let our browsers control our behavior, rather than the other way.

    This system, "Encrypted Media Extensions" (EME) uses standards-defined code to funnel video into a proprietary container called a "Content Decryption Module." For a new browser to support this new video streaming standard -- which major studios and cable operators are pushing for -- it would have to convince those entertainment companies or one of their partners to let them have a CDM, or this part of the "open" Web would not display in their new browser.

    This is the opposite of every W3C standard to date: once, all you needed to do to render content sent by a server was follow the standard, not get permission. If browsers had needed permission to render a page at the launch of Mozilla, the publishers would have frozen out this new, pop-up-blocking upstart. Kiss Firefox goodbye, in other words.

  • The W3C didn't have to do this. No copyright law says that making a video gives you the right to tell people who legally watch it how they must configure their equipment. But because of the design of EME, copyright holders will be able to use the law to shut down any new browser that tries to render the video without their permission.

    That's because EME is designed to trigger liability under section 1201 of the Digital Millennium Copyright Act (DMCA), which says that removing a digital lock that controls access to a copyrighted work without permission is an offense, even if the person removing the lock has the right to the content it restricts. In other words, once a video is sent with EME, a new company that unlocks it for its users can be sued, even if the users do nothing illegal with that video.

    We proposed that the W3C could protect new browsers by making their members promise not to use the DMCA to attack new entrants in the market, an idea supported by a diverse group of W3C members, but the W3C executive overruled us saying the work would go forward with no safeguards for future competition.

    It's even worse than at first glance. The DMCA isn't limited to the USA: the US Trade Representative has spread DMCA-like rules to virtually every country that does business with America. Worse still: the DMCA is also routinely used by companies to threaten and silence security researchers who reveal embarrassing defects in their products. The W3C also declined to require its members to protect security researchers who discover flaws in EME, leaving every Web user vulnerable to vulnerabilities whose disclosure can only safely take place if the affected company decides to permit it.

  • The W3C needs credibility with people who care about the open Web and innovation in order to be viable. They are sensitive to this kind of criticism. We empathize. There are lots of good people working there, people who genuinely, passionately want the Web to stay open to everyone, and to be safe for its users. But the organization made a terrible decision when it opted to provide a home for EME, and an even worse one when it overruled its own members and declined protection for security research and new competitors.

    It needs to hear from you now. Please share this post, and spread the word. Help the W3C be the organization it is meant to be.

• Shaking My Head — Medium

  Tags: surveillance state, NSA, 702, FISA, legislation, backdoor-serches, stats

  • Last month, at the request of the Department of Justice, the Courts approved changes to the obscure Rule 41 of the Federal Rules of Criminal Procedure, which governs search and seizure. By the nature of this obscure bureaucratic process, these rules become law unless Congress rejects the changes before December 1, 2016.

    Today I, along with my colleagues Senators Paul from Kentucky, Baldwin from Wisconsin, and Daines and Tester from Montana, am introducing the Stopping Mass Hacking (SMH) Act (bill, summary), a bill to protect millions of law-abiding Americans from a massive expansion of government hacking and surveillance. Join the conversation with #SMHact.

  • For law enforcement to conduct a remote electronic search, they generally need to plant malware in — i.e. hack — a device. These rule changes will allow the government to search millions of computers with the warrant of a single judge. To me, that’s clearly a policy change that’s outside the scope of an “administrative change,” and it is something that Congress should consider. An agency with the record of the Justice Department shouldn’t be able to wave its arms and grant itself entirely new powers.

  • These changes say that if law enforcement doesn’t know where an electronic device is located, a magistrate judge will now have the the authority to issue a warrant to remotely search the device, anywhere in the world. While it may be appropriate to address the issue of allowing a remote electronic search for a device at an unknown location, Congress needs to consider what protections must be in place to protect Americans’ digital security and privacy. This is a new and uncertain area of law, so there needs to be full and careful debate. The ACLU has a thorough discussion of the Fourth Amendment ramifications and the technological questions at issue with these kinds of searches.

    The second part of the change to Rule 41 would give a magistrate judge the authority to issue a single warrant that would authorize the search of an unlimited number — potentially thousands or millions — of devices, located anywhere in the world. These changes would dramatically expand the government’s hacking and surveillance authority. The American public should understand that these changes won’t just affect criminals: computer security experts and civil liberties advocates say the amendments would also dramatically expand the government’s ability to hack the electronic devices of law-abiding Americans if their devices were affected by a computer attack. Devices will be subject to search if their owners were victims of a botnet attack — so the government will be treating victims of hacking the same way they treat the perpetrators.

  • As the Center on Democracy and Technology has noted, there are approximately 500 million computers that fall under this rule. The public doesn’t know nearly enough about how law enforcement executes these hacks, and what risks these types of searches will pose. By compromising the computer’s system, the search might leave it open to other attackers or damage the computer they are searching.

    Don’t take it from me that this will impact your security, read more from security researchers Steven Bellovin, Matt Blaze and Susan Landau.

    Finally, these changes to Rule 41 would also give some types of electronic searches different, weaker notification requirements than physical searches. Under this new Rule, they are only required to make “reasonable efforts” to notify people that their computers were searched. This raises the possibility of the FBI hacking into a cyber attack victim’s computer and not telling them about it until afterward, if at all.

• In Hearing on Internet Surveillance, Nobody Knows How Many Americans Impacted in Data Collection | Electronic Frontier Foundation

  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 .... 

  Tags: surveillance state, NSA, 702, FISA, legislation, backdoor-serches, stats

  • - By Paul Merrell

  • 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:

  • 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.

Posted from Diigo. The rest of Open Web group favorite links are here.

OpenStack 04/20/2016 (p.m.)

• Public transit in Beverly Hills may soon be driverless, program unanimously approved — RT America

  Tags: driverless-cars, Beverly-Hills

  • An uncontested vote by the Beverly Hills City Council could guarantee a chauffeur for all residents in the near future. However, instead of a driver, the newly adopted program foresees municipally-owned driverless cars ready to order via a smartphone app.

    Also known as autonomous vehicles, or AV, driverless cars would appear to be the next big thing not only for people, but local governments as well – if the Beverly Hills City Council can get its AV development program past a few more hurdles, that is. The technology itself has some challenges ahead as well.

  • In the meantime, the conceptual shuttle service, which was unanimously approved at an April 5 city council meeting, is being celebrated.

  • Naming Google and Tesla in its press release, Beverly Hills must first develop a partnership with a manufacturer that can build it a fleet of unmanned cars. There will also be a need to bring in policy experts. All of these outside parties will have a chance to explore the program’s potential together at an upcoming community event.

    The Wallis Annenberg Center for the Performing Arts will host a summit this fall that will include expert lectures, discussions, and test drives. Er, test rides.

    Already in the works for Beverly Hills is a fiber optics cable network that will, in addition to providing high-speed internet access to all residents and businesses, one day be an integral part of a public transit system that runs on its users’ spontaneous desires.

    Obviously, Beverly Hills has some money on hand for the project, and it is also an ideal testing space as the city takes up an area of less than six square miles. Another positive factor is the quality of the city’s roads, which exceeds that of most in the greater Los Angeles area, not to mention California and the whole United States.

    “It can’t find the lane markings!” Volvo’s North American CEO, Lex Kerssemakers, complained to Los Angeles Mayor Eric Garcetti last month, according to Reuters. “You need to paint the bloody roads here!”

    Whether lanes are marked or signs are clear has made a big difference in how successfully the new technology works.

    Unfortunately, the US Department of Transportation considers 65 percent of US roads to be in poor condition, so AV cars may not be in the works for many Americans living outside of Beverly Hills quite as soon.

Posted from Diigo. The rest of Open Web group favorite links are here.

OpenStack 04/16/2016 (p.m.)

• Microsoft Says U.S. Is Abusing Secret Warrants

  The Fourth Amendment argument that people have a right to know when their property has been searched or seized is particularly interesting to me. If adopted by the Courts, that could spell the end of surveillance gag orders. 

  Tags: surveillance state, Microsoft, DoJ, litigation, 4th-Amendment, 1st Amendment, gag-orders

  • - By Paul Merrell

  • “WE APPRECIATE THAT there are times when secrecy around a government warrant is needed,” Microsoft President Brad Smith wrote in a blog post on Thursday. “But based on the many secrecy orders we have received, we question whether these orders are grounded in specific facts that truly demand secrecy. To the contrary, it appears that the issuance of secrecy orders has become too routine.”

    With those words, Smith announced that Microsoft was suing the Department of Justice for the right to inform its customers when the government is reading their emails.

    The last big fight between the Justice Department and Silicon Valley was started by law enforcement, when the FBI demanded that Apple unlock a phone used by San Bernardino killer Syed Rizwan Farook.

    This time, Microsoft is going on the offensive. The move is welcomed by privacy activists as a step forward for transparency — though it’s also for business reasons.

  • Secret government searches are eroding people’s trust in the cloud, Smith wrote — including large and small businesses now keeping massive amounts of records online. “The transition to the cloud does not alter people’s expectations of privacy and should not alter the fundamental constitutional requirement that the government must — with few exceptions — give notice when it searches and seizes private information or communications,” he wrote.

    According to the complaint, Microsoft received 5,624 federal demands for customer information or data in the past 18 months. Almost half — 2,576 — came with gag orders, and almost half of those — 1,752 — had “no fixed end date” by which Microsoft would no longer be sworn to secrecy.

    These requests, though signed off on by a judge, qualify as unconstitutional searches, the attorneys argue. It “violates both the Fourth Amendment, which affords people and businesses the right to know if the government searches or seizes their property, and the First Amendment, which enshrines Microsoft’s rights to talk to its customers and to discuss how the government conducts its investigations — subject only to restraints narrowly tailored to serve compelling government interests,” they wrote.

Posted from Diigo. The rest of Open Web group favorite links are here.

OpenStack 04/13/2016 (a.m.)

• The People and Tech Behind the Panama Papers - Features - Source: An OpenNews project

  Tags: Panama-Papers, technology, open-source

  • Then we put the data up, but the problem with Solr was it didn’t have a user interface, so we used Project Blacklight, which is open source software normally used by librarians. We used it for the journalists. It’s simple because it allows you to do faceted search—so, for example, you can facet by the folder structure of the leak, by years, by type of file. There were more complex things—it supports queries in regular expressions, so the more advanced users were able to search for documents with a certain pattern of numbers that, for example, passports use. You could also preview and download the documents. ICIJ open-sourced the code of our document processing chain, created by our web developer Matthew Caruana Galizia.

    We also developed a batch-searching feature. So say you were looking for politicians in your country—you just run it through the system, and you upload your list to Blacklight and you would get a CSV back saying yes, there are matches for these names—not only exact matches, but also matches based on proximity. So you would say “I want Mar Cabra proximity 2” and that would give you “Mar Cabra,” “Mar whatever Cabra,” “Cabra, Mar,”—so that was good, because very quickly journalists were able to see… I have this list of politicians and they are in the data!

  • Last Sunday, April 3, the first stories emerging from the leaked dataset known as the Panama Papers were published by a global partnership of news organizations working in coordination with the International Consortium of Investigative Journalists, or ICIJ. As we begin the second week of reporting on the leak, Iceland’s Prime Minister has been forced to resign, Germany has announced plans to end anonymous corporate ownership, governments around the world launched investigations into wealthy citizens’ participation in tax havens, the Russian government announced that the investigation was an anti-Putin propaganda operation, and the Chinese government banned mentions of the leak in Chinese media.

    As the ICIJ-led consortium prepares for its second major wave of reporting on the Panama Papers, we spoke with Mar Cabra, editor of ICIJ’s Data & Research unit and lead coordinator of the data analysis and infrastructure work behind the leak. In our conversation, Cabra reveals ICIJ’s years-long effort to build a series of secure communication and analysis platforms in support of genuinely global investigative reporting collaborations.

  • For communication, we have the Global I-Hub, which is a platform based on open source software called Oxwall. Oxwall is a social network, like Facebook, which has a wall when you log in with the latest in your network—it has forum topics, links, you can share files, and you can chat with people in real time.
  • We had the data in a relational database format in SQL, and thanks to ETL (Extract, Transform, and Load) software Talend, we were able to easily transform the data from SQL to Neo4j (the graph-database format we used). Once the data was transformed, it was just a matter of plugging it into Linkurious, and in a couple of minutes, you have it visualized—in a networked way, so anyone can log in from anywhere in the world. That was another reason we really liked Linkurious and Neo4j—they’re very quick when representing graph data, and the visualizations were easy to understand for everybody. The not-very-tech-savvy reporter could expand the docs like magic, and more technically expert reporters and programmers could use the Neo4j query language, Cypher, to do more complex queries, like show me everybody within two degrees of separation of this person, or show me all the connected dots…

  • We believe in open source technology and try to use it as much as possible. We used Apache Solr for the indexing and Apache Tika for document processing, and it’s great because it processes dozens of different formats and it’s very powerful. Tika interacts with Tesseract, so we did the OCRing on Tesseract.

    To OCR the images, we created an army of 30–40 temporary servers in Amazon that allowed us to process the documents in parallel and do parallel OCR-ing. If it was very slow, we’d increase the number of servers—if it was going fine, we would decrease because of course those servers have a cost.

  • For the visualization of the Mossack Fonseca internal database, we worked with another tool called Linkurious. It’s not open source, it’s licensed software, but we have an agreement with them, and they allowed us to work with it. It allows you to represent data in graphs. We had a version of Linkurious on our servers, so no one else had the data. It was pretty intuitive—journalists had to click on dots that expanded, basically, and could search the names.

Posted from Diigo. The rest of Open Web group favorite links are here.

OpenStack 04/07/2016 (p.m.)

• Forget Apple vs. the FBI: WhatsApp Just Switched on Encryption for a Billion People | WIRED

  Tags: surveillance state, encryption, WhatsApp

  • For most of the past six weeks, the biggest story out of Silicon Valley was Apple’s battle with the FBI over a federal order to unlock the iPhone of a mass shooter. The company’s refusal touched off a searing debate over privacy and security in the digital age. But this morning, at a small office in Mountain View, California, three guys made the scope of that enormous debate look kinda small.

    Mountain View is home to WhatsApp, an online messaging service now owned by tech giant Facebook, that has grown into one of the world’s most important applications. More than a billion people trade messages, make phone calls, send photos, and swap videos using the service. This means that only Facebook itself runs a larger self-contained communications network. And today, the enigmatic founders of WhatsApp, Brian Acton and Jan Koum, together with a high-minded coder and cryptographer who goes by the pseudonym Moxie Marlinspike, revealed that the company has added end-to-end encryption to every form of communication on its service.

  • This means that if any group of people uses the latest version of WhatsApp—whether that group spans two people or ten—the service will encrypt all messages, phone calls, photos, and videos moving among them. And that’s true on any phone that runs the app, from iPhones to Android phones to Windows phones to old school Nokia flip phones. With end-to-end encryption in place, not even WhatsApp’s employees can read the data that’s sent across its network. In other words, WhatsApp has no way of complying with a court order demanding access to the content of any message, phone call, photo, or video traveling through its service. Like Apple, WhatsApp is, in practice, stonewalling the federal government, but it’s doing so on a larger front—one that spans roughly a billion devices.

  • The FBI and the Justice Department declined to comment for this story. But many inside the government and out are sure to take issue with the company’s move. In late 2014, WhatsApp encrypted a portion of its network. In the months since, its service has apparently been used to facilitate criminal acts, including the terrorist attacks on Paris last year. According to The New York Times, as recently as this month, the Justice Department was considering a court case against the company after a wiretap order (still under seal) ran into WhatsApp’s end-to-end encryption.

    “The government doesn’t want to stop encryption,” says Joseph DeMarco, a former federal prosecutor who specializes in cybercrime and has represented various law enforcement agencies backing the Justice Department and the FBI in their battle with Apple. “But the question is: what do you do when a company creates an encryption system that makes it impossible for court-authorized search warrants to be executed? What is the reasonable level of assistance you should ask from that company?”

Posted from Diigo. The rest of Open Web group favorite links are here.

OpenStack 04/02/2016 (p.m.)

• FBI's secret method of unlocking iPhone may never reach Apple | Reuters

  The article is wide of the mark, based on analysis of Executive Branch policy rather than the governing law such as the Freedom of Information Act. And I still find it somewhat ludicrous that a third party with knowledge of the defect could succeed in convincing a court that knowledge of a defect in a company's product is trade-secret proprietary information. "Your honor, my client has discovered a way to break into Mr. Tim Cook's house without a key to his house. That is a valuable trade secret that this Court must keep Mr. Cook from learning." Pow! The Computer Fraud and Abuse Act makes it a crime to access a computer that can connect to the Internet by exploiting a software bug. 

  Tags: surveillance state, Apple, FBI, iPhone, encryption, FOIA, litigation

  • - By Paul Merrell

  • The FBI may be allowed to withhold information about how it broke into an iPhone belonging to a gunman in the December San Bernardino shootings, despite a U.S. government policy of disclosing technology security flaws discovered by federal agencies.

    Under the U.S. vulnerabilities equities process, the government is supposed to err in favor of disclosing security issues so companies can devise fixes to protect data. The policy has exceptions for law enforcement, and there are no hard rules about when and how it must be applied.

    Apple Inc has said it would like the government to share how it cracked the iPhone security protections. But the Federal Bureau of Investigation, which has been frustrated by its inability to access data on encrypted phones belonging to criminal suspects, might prefer to keep secret the technique it used to gain access to gunman Syed Farook's phone.

    The referee is likely to be a White House group formed during the Obama administration to review computer security flaws discovered by federal agencies and decide whether they should be disclosed.

  • Stewart Baker, former general counsel of the NSA and now a lawyer with Steptoe & Johnson, said the review process could be complicated if the cracking method is considered proprietary by the third party that assisted the FBI.

    Several security researchers have pointed to the Israel-based mobile forensics firm Cellebrite as the likely third party that helped the FBI. That company has repeatedly declined comment.

Posted from Diigo. The rest of Open Web group favorite links are here.

OpenStack 03/31/2016 (p.m.)

• Apple could use Brooklyn case to pursue details about FBI iPhone hack: source | Reuters

  Tags: surveillance state, Apple, FBI, Brooklyn, iPhone, security

  • If the U.S. Department of Justice asks a New York court to force Apple Inc to unlock an iPhone, the technology company could push the government to reveal how it accessed the phone which belonged to a shooter in San Bernardino, a source familiar with the situation said.

    The Justice Department will disclose over the next two weeks whether it will continue with its bid to compel Apple to help access an iPhone in a Brooklyn drug case, according to a court filing on Tuesday.

    The Justice Department this week withdrew a similar request in California, saying it had succeeded in unlocking an iPhone used by one of the shooters involved in a rampage in San Bernardino in December without Apple's help.

    The legal dispute between the U.S. government and Apple has been a high-profile test of whether law enforcement should have access to encrypted phone data.

  • Apple, supported by most of the technology industry, says anything that helps authorities bypass security features will undermine security for all users. Government officials say that all kinds of criminal investigations will be crippled without access to phone data.

    Prosecutors have not said whether the San Bernardino technique would work for other seized iPhones, including the one at issue in Brooklyn. Should the Brooklyn case continue, Apple could pursue legal discovery that would potentially force the FBI to reveal what technique it used on the San Bernardino phone, the source said.

    A Justice Department representative did not have immediate comment.

• Apple’s New Challenge: Learning How the U.S. Cracked Its iPhone - The New York Times

  It would make a very interesting Freedom of Information Act case if Apple sued under that Act to force disclosure of the security hole iPhone product defect the FBI exploited. I know of no interpretation of the law enforcement FOIA exemption that would justify FBI disclosure of the information. It might be alleged that the information is the trade secret of the company that disclosed the defect and exploit to the the FBI, but there's a very strong argument that the fact that the information was shared with the FBI waived the trade secrecy claim. And the notion that government is entitled to collect product security defects and exploit them without informing the exploited product's company of the specific defect is extremely weak.  Were I Tim Cook, I would have already told my lawyers to get cracking on filing the FOIA request with the FBI to get the legal ball rolling. 

  Tags: surveillance state, Apple, FBI, San-Bernadino, iPhone, security

  • - By Paul Merrell

  • Now that the United States government has cracked open an iPhone that belonged to a gunman in the San Bernardino, Calif., mass shooting without Apple’s help, the tech company is under pressure to find and fix the flaw.

    But unlike other cases where security vulnerabilities have cropped up, Apple may face a higher set of hurdles in ferreting out and repairing the particular iPhone hole that the government hacked.

    The challenges start with the lack of information about the method that the law enforcement authorities, with the aid of a third party, used to break into the iPhone of Syed Rizwan Farook, an attacker in the San Bernardino rampage last year. Federal officials have refused to identify the person, or organization, who helped crack the device, and have declined to specify the procedure used to open the iPhone. Apple also cannot obtain the device to reverse-engineer the problem, the way it would in other hacking situations.

Posted from Diigo. The rest of Open Web group favorite links are here.

OpenStack 03/29/2016 (p.m.)

• FBI Got Into San Bernardino Killer’s iPhone Without Apple’s Help

  Tags: surveillance state, Apple, FBI, litigation, iPhone, San-Bernadino

  • AFTER MORE THAN a month of insisting that Apple weaken its security to help the FBI break into San Bernardino killer Syed Rizwan Farook’s iPhone, the government has dropped its legal fight.

    “The government has now successfully accessed the data stored on Farook’s iPhone and therefore no longer requires the assistance from Apple,” wrote attorneys for the Department of Justice on Monday evening.

    It’s not yet known if anything valuable was stored on the phone, however. “The FBI is currently reviewing the information on the phone, consistent with standard investigatory procedures,” said Department of Justice spokesperson Melanie Newman in a statement.

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OpenStack 03/25/2016 (a.m.)

• Lawmakers warn of 'radical' move by NSA to share information | TheHill

  Tags: surveillance state, NSA, raw-data-sharing

  • A bipartisan pair of lawmakers is expressing alarm at reported changes at the National Security Agency that would allow the intelligence service’s information to be used for policing efforts in the United States.

    “If media accounts are true, this radical policy shift by the NSA would be unconstitutional, and dangerous,” Reps. Ted Lieu (D-Calif.) and Blake FarentholdBlake FarentholdLawmakers warn of 'radical' move by NSA to share information Overnight Tech: Netflix scores win over Postal Service Lawmakers go green for St. Patrick's Day MORE (R-Texas) wrote in a letter to the spy agency this week. “The proposed shift in the relationship between our intelligence agencies and the American people should not be done in secret.

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    “NSA’s mission has never been, and should never be, domestic policing or domestic spying.”

    The NSA has yet to publicly announce the change, but The New York Times reported last month that the administration was poised to expand the agency's ability to share information that it picks up about people’s communications with other intelligence agencies.

    The modification would open the door for the NSA to give the FBI and other federal agencies uncensored communications of foreigners and Americans picked up incidentally — but without a warrant — during sweeps.  

  • Robert Litt, the general counsel at the Office of the Director of National Intelligence, told the Times that it was finalizing a 21-page draft of procedures to allow the expanded sharing.  

    Separately, the Guardian reported earlier this month that the FBI had quietly changed its internal privacy rules to allow direct access to the NSA’s massive storehouse of communication data picked up on Internet service providers and websites.

    The revelations unnerved civil liberties advocates, who encouraged lawmakers to demand answers of the spy agency.

    “Under a policy like this, information collected by the NSA would be available to a host of federal agencies that may use it to investigate and prosecute domestic crimes,” said Neema Singh Guliani, legislative counsel and the American Civil Liberties Union. “Making such a change without authorization from Congress or the opportunity for debate would ignore public demands for greater transparency and oversight over intelligence activities.”

    In their letter this week, Lieu and Farenthold warned that the NSA’s changes would undermine Congress and unconstitutionally violate people’s privacy rights.   

  • “The executive branch would be violating the separation of powers by unilaterally transferring warrantless data collected under the NSA’s extraordinary authority to domestic agencies, which do not have such authority,” they wrote.

    “Domestic law enforcement agencies — which need a warrant supported by probable cause to search or seize — cannot do an end run around the Fourth Amendment by searching warrantless information collected by the NSA.”

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OpenStack 03/19/2016 (a.m.)

• Five Big Unanswered Questions About NSA’s Worldwide Spying

  Tags: surveillance state, NSA, unanswered-questions

  • Nearly three years after NSA whistleblower Edward Snowden gave journalists his trove of documents on the intelligence community’s broad and powerful surveillance regime, the public is still missing some crucial, basic facts about how the operations work.

    Surveillance researchers and privacy advocates published a report on Wednesday outlining what we do know, thanks to the period of discovery post-Snowden — and the overwhelming amount of things we don’t.

    The NSA’s domestic surveillance was understandably the initial focus of public debate. But that debate never really moved on to examine the NSA’s vastly bigger foreign operations.

    “There has been relatively little public or congressional debate within the United States about the NSA’s overseas surveillance operations,” write Faiza Patel and Elizabeth Goitein, co-directors of the Brennan Center for Justice’s Liberty and National Security Program, and Amos Toh, legal adviser for David Kaye, the U.N. special rapporteur on the right to freedom of opinion and expression.

  • The central guidelines the NSA is supposed to follow while spying abroad are described in Executive Order 12333, issued by President Ronald Reagan in 1981, which the authors describe as “a black box.”

    Just Security, a national security law blog, and the Brennan Center for Justice are co-hosting a panel on Thursday on Capitol Hill to discuss the policy, where the NSA’s privacy and civil liberties officer, Rebecca Richards, will be present.

    And the independent government watchdog, the Privacy and Civil Liberties Oversight Board, which has authored in-depth reports on other NSA programs, intends to publish a report on 12333 surveillance programs “this year,” according to spokesperson Jen Burita.

    In the meantime, the authors of the report came up with a list of questions they say need to be answered to create an informed public debate.

Posted from Diigo. The rest of Open Web group favorite links are here.

OpenStack 03/16/2016 (p.m.)

• WhatsApp Encryption Said to Stymie Wiretap Order - The New York Times

  Tags: surveillance state, encryption, WhatsApp, wiretapping

  • While the Justice Department wages a public fight with Apple over access to a locked iPhone, government officials are privately debating how to resolve a prolonged standoff with another technology company, WhatsApp, over access to its popular instant messaging application, officials and others involved in the case said.

    No decision has been made, but a court fight with WhatsApp, the world’s largest mobile messaging service, would open a new front in the Obama administration’s dispute with Silicon Valley over encryption, security and privacy.

    WhatsApp, which is owned by Facebook, allows customers to send messages and make phone calls over the Internet. In the last year, the company has been adding encryption to those conversations, making it impossible for the Justice Department to read or eavesdrop, even with a judge’s wiretap order.

  • As recently as this past week, officials said, the Justice Department was discussing how to proceed in a continuing criminal investigation in which a federal judge had approved a wiretap, but investigators were stymied by WhatsApp’s encryption.

    The Justice Department and WhatsApp declined to comment. The government officials and others who discussed the dispute did so on condition of anonymity because the wiretap order and all the information associated with it were under seal. The nature of the case was not clear, except that officials said it was not a terrorism investigation. The location of the investigation was also unclear.

  • To understand the battle lines, consider this imperfect analogy from the predigital world: If the Apple dispute is akin to whether the F.B.I. can unlock your front door and search your house, the issue with WhatsApp is whether it can listen to your phone calls. In the era of encryption, neither question has a clear answer.

    Some investigators view the WhatsApp issue as even more significant than the one over locked phones because it goes to the heart of the future of wiretapping. They say the Justice Department should ask a judge to force WhatsApp to help the government get information that has been encrypted. Others are reluctant to escalate the dispute, particularly with senators saying they will soon introduce legislation to help the government get data in a format it can read.

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OpenStack 03/11/2016 (a.m.)

• U.S. military closer to making cyborgs a reality - CNNPolitics.com

  Let's assume for the moment that DARPA's goal is realizable and brain implants for commuication with computers become common. How long will it take for FBI, NSA, et ilk to get legislation or a court order allowing them to conduct mass surveillance of people's brains? Not long, I suspect. 

  Tags: surveillance state, cyborgs

  • - By Paul Merrell

  • The U.S. military is spending millions on an advanced implant that would allow a human brain to communicate directly with computers.

    If it succeeds, cyborgs will be a reality.

    The Pentagon's research arm, the Defense Advanced Research Projects Agency (DARPA), hopes the implant will allow humans to directly interface with computers, which could benefit people with aural and visual disabilities, such as veterans injured in combat.

    The goal of the proposed implant is to "open the channel between the human brain and modern electronics" according to DARPA's program manager, Phillip Alvelda.

  • DARPA sees the implant as providing a foundation for new therapies that could help people with deficits in sight or hearing by "feeding digital auditory or visual information into the brain."

    A spokesman for DARPA told CNN that the program is not intended for military applications.

  • But some experts see such an implant as having the potential for numerous applications, including military ones, in the field of wearable robotics -- which aims to augment and restore human performance.

    Conor Walsh, a professor of mechanical and biomedical engineering at Harvard University, told CNN that the implant would "change the game," adding that "in the future, wearable robotic devices will be controlled by implants."

    Walsh sees the potential for wearable robotic devices or exoskeletons in everything from helping a medical patient recover from a stroke to enhancing soldiers' capabilities in combat.

    The U.S. military is currently developing a battery-powered exoskeleton, the Tactical Assault Light Operator Suit, to provide superior protection from enemy fire and in-helmet technologies that boost the user's communications ability and vision.

    The suits' development is being overseen by U.S. Special Operations Command.

    In theory, the proposed neural implant would allow the military member operating the suit to more effectively control the armored exoskeleton while deployed in combat.

  • In its announcement, DARPA acknowledged that an implant is still a long ways away, with breakthroughs in neuroscience, synthetic biology, low-power electronics, photonics and medical-device manufacturing needed before the device could be used.

    DARPA plans to recruit a diverse set of experts in an attempt to accelerate the project's development, according to its statement announcing the project.

Posted from Diigo. The rest of Open Web group favorite links are here.

OpenStack 02/23/2016 (a.m.)

• This Is the Real Reason Apple Is Fighting the FBI | TIME

  Tags: surveillance state, FBI, Apple, iPhone, security, encryption, litigation

  • The first thing to understand about Apple’s latest fight with the FBI—over a court order to help unlock the deceased San Bernardino shooter’s phone—is that it has very little to do with the San Bernardino shooter’s phone.

    It’s not even, really, the latest round of the Crypto Wars—the long running debate about how law enforcement and intelligence agencies can adapt to the growing ubiquity of uncrackable encryption tools.

    Rather, it’s a fight over the future of high-tech surveillance, the trust infrastructure undergirding the global software ecosystem, and how far technology companies and software developers can be conscripted as unwilling suppliers of hacking tools for governments. It’s also the public face of a conflict that will undoubtedly be continued in secret—and is likely already well underway.

  • Considered in isolation, the request seems fairly benign: If it were merely a question of whether to unlock a single device—even one unlikely to contain much essential evidence—there would probably be little enough harm in complying. The reason Apple CEO Tim Cook has pledged to fight a court’s order to assist the bureau is that he understands the danger of the underlying legal precedent the FBI is seeking to establish.

    Four important pieces of context are necessary to see the trouble with the Apple order.

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OpenStack 02/21/2016 (a.m.)

• Upgrade Your iPhone Passcode to Defeat the FBI’s Backdoor Strategy

  Tags: surveillance state, Apple, iPhone, FBI, court-order, passcode, security

  • It’s true that ordering Apple to develop the backdoor will fundamentally undermine iPhone security, as Cook and other digital security advocates have argued. But it’s possible for individual iPhone users to protect themselves from government snooping by setting strong passcodes on their phones — passcodes the FBI would not be able to unlock even if it gets its iPhone backdoor.

    The technical details of how the iPhone encrypts data, and how the FBI might circumvent this protection, are complex and convoluted, and are being thoroughly explored elsewhere on the internet. What I’m going to focus on here is how ordinary iPhone users can protect themselves.

    The short version: If you’re worried about governments trying to access your phone, set your iPhone up with a random, 11-digit numeric passcode. What follows is an explanation of why that will protect you and how to actually do it.

• Cameron Calls June 23 EU Referendum as Cabinet Fractures - Bloomberg Business

  Tags: surveillance state, Apple, iPhone, hack, FBI, NSC

  • In a secret meeting convened by the White House around Thanksgiving, senior national security officials ordered agencies across the U.S. government to find ways to counter encryption software and gain access to the most heavily protected user data on the most secure consumer devices, including Apple Inc.’s iPhone, the marquee product of one of America’s most valuable companies, according to two people familiar with the decision.

    The approach was formalized in a confidential National Security Council “decision memo,” tasking government agencies with developing encryption workarounds, estimating additional budgets and identifying laws that may need to be changed to counter what FBI Director James Comey calls the “going dark” problem: investigators being unable to access the contents of encrypted data stored on mobile devices or traveling across the Internet. Details of the memo reveal that, in private, the government was honing a sharper edge to its relationship with Silicon Valley alongside more public signs of rapprochement.

  • On Tuesday, the public got its first glimpse of what those efforts may look like when a federal judge ordered Apple to create a special tool for the FBI to bypass security protections on an iPhone 5c belonging to one of the shooters in the Dec. 2 terrorist attack in San Bernardino, California that killed 14 people. Apple Chief Executive Officer Tim Cook has vowed to fight the order, calling it a “chilling” demand that Apple “hack our own users and undermine decades of security advancements that protect our customers.” The order was not a direct outcome of the memo but is in line with the broader government strategy.

    White House spokesman Josh Earnest said Wednesday that the Federal Bureau of Investigation and Department of Justice have the Obama administration’s “full” support in the matter. The government is “not asking Apple to redesign its product or to create a new backdoor to their products,” but rather are seeking entry “to this one device,” he said.

Posted from Diigo. The rest of Open Web group favorite links are here.

OpenStack 02/17/2016 (p.m.)

• The NSA’s SKYNET program may be killing thousands of innocent people | Ars Technica UK

  Gack! We have lunatics running our government. 

  Tags: war & peace, surveillance state, NSA, drones, big-data, targeted-killings

  • - By Paul Merrell

Posted from Diigo. The rest of Open Web group favorite links are here.

OpenStack 01/26/2016 (p.m.)

• EFF Pries More Information on Zero Days from the Government’s Grasp | Electronic Frontier Foundation

  Tags: surveillance state, zero-day-exploits, FOIA, litigation

  • 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. 

Posted from Diigo. The rest of Open Web group favorite links are here.

OpenStack 01/25/2016 (p.m.)

• NSA Director Finally Admits Encryption Is Needed to Protect Public’s Privacy

  Tags: surveillance state, encryption, NSA, Comey

  • 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
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    • 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.

    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?”

  
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