Yet Another FBI Proposal for Insecure Communications

Deputy Attorney General Rosenstein has given talks where he proposes that tech companies decrease their communications and device security for the benefit of the FBI. In a recent talk, his idea is that tech companies just save a copy of the plaintext: Law enforcement can also partner with private industry to address a problem we call "Going Dark." Technology increasingly…

Deputy Attorney General Rosenstein has given talks where he proposes that tech companies decrease their communications and device security for the benefit of the FBI. In a recent talk, his idea is that tech companies just save a copy of the plaintext:

Law enforcement can also partner with private industry to address a problem we call "Going Dark." Technology increasingly frustrates traditional law enforcement efforts to collect evidence needed to protect public safety and solve crime. For example, many instant-messaging services now encrypt messages by default. The prevent the police from reading those messages, even if an impartial judge approves their interception.

The problem is especially critical because electronic evidence is necessary for both the investigation of a cyber incident and the prosecution of the perpetrator. If we cannot access data even with lawful process, we are unable to do our job. Our ability to secure systems and prosecute criminals depends on our ability to gather evidence.

I encourage you to carefully consider your company's interests and how you can work cooperatively with us. Although encryption can help secure your data, it may also prevent law enforcement agencies from protecting your data.

Encryption serves a valuable purpose. It is a foundational element of data security and essential to safeguarding data against cyber-attacks. It is critical to the growth and flourishing of the digital economy, and we support it. I support strong and responsible encryption.

I simply maintain that companies should retain the capability to provide the government unencrypted copies of communications and data stored on devices, when a court orders them to do so.

Responsible encryption is effective secure encryption, coupled with access capabilities. We know encryption can include safeguards. For example, there are systems that include central management of security keys and operating system updates; scanning of content, like your e-mails, for advertising purposes; simulcast of messages to multiple destinations at once; and key recovery when a user forgets the password to decrypt a laptop. No one calls any of those functions a "backdoor." In fact, those very capabilities are marketed and sought out.

I do not believe that the government should mandate a specific means of ensuring access. The government does not need to micromanage the engineering.

The question is whether to require a particular goal: When a court issues a search warrant or wiretap order to collect evidence of crime, the company should be able to help. The government does not need to hold the key.

Rosenstein is right that many services like Gmail naturally keep plaintext in the cloud. This is something we pointed out in our 2016 paper: "Don't Panic." But forcing companies to build an alternate means to access the plaintext that the user can't control is an enormous vulnerability.

from https://www.schneier.com/blog/

FBI Increases Its Anti-Encryption Rhetoric

Earlier this month, Deputy Attorney General Rod Rosenstein gave a speech warning that a world with encryption is a world without law — or something like that. The EFF’s Kurt Opsahl takes it apart pretty thoroughly. Last week, FBI Director Christopher Wray said much the same thing. This is an idea that will not die….

Earlier this month, Deputy Attorney General Rod Rosenstein gave a speech warning that a world with encryption is a world without law -- or something like that. The EFF's Kurt Opsahl takes it apart pretty thoroughly.

Last week, FBI Director Christopher Wray said much the same thing.

This is an idea that will not die.

from https://www.schneier.com/blog/

Ross Anderson on the History of the Crypto Wars in the UK

Ross Anderson gave a talk on the history of the Crypto Wars in the UK. I am intimately familiar with the US story, but didn’t know as much about Britain’s verson. Hour-long video. Summary….

Ross Anderson gave a talk on the history of the Crypto Wars in the UK. I am intimately familiar with the US story, but didn't know as much about Britain's verson.

Hour-long video. Summary.

from https://www.schneier.com/blog/

Australia Considering New Law Weakening Encryption

News from Australia: Under the law, internet companies would have the same obligations telephone companies do to help law enforcement agencies, Prime Minister Malcolm Turnbull said. Law enforcement agencies would need warrants to access the communications. "We’ve got a real problem in that the law enforcement agencies are increasingly unable to find out what terrorists and drug traffickers and pedophile…

News from Australia:

Under the law, internet companies would have the same obligations telephone companies do to help law enforcement agencies, Prime Minister Malcolm Turnbull said. Law enforcement agencies would need warrants to access the communications.

"We've got a real problem in that the law enforcement agencies are increasingly unable to find out what terrorists and drug traffickers and pedophile rings are up to because of the very high levels of encryption," Turnbull told reporters.

"Where we can compel it, we will, but we will need the cooperation from the tech companies," he added.

Never mind that the law 1) would not achieve the desired results because all the smart "terrorists and drug traffickers and pedophile rings" will simply use a third-party encryption app, and 2) would make everyone else in Australia less secure. But that's all ground I've covered before.

I found this bit amusing:

Asked whether the laws of mathematics behind encryption would trump any new legislation, Mr Turnbull said: "The laws of Australia prevail in Australia, I can assure you of that.

"The laws of mathematics are very commendable but the only law that applies in Australia is the law of Australia."

Next Turnbull is going to try to legislate that pi = 3.2.

Another article. BoingBoing post.

EDITED TO ADD: More commentary.

from https://www.schneier.com/blog/

The US Senate Is Using Signal

The US Senate just approved Signal for staff use. Signal is a secure messaging app with no backdoor, and no large corporate owner who can be pressured to install a backdoor. Susan Landau comments. Maybe I’m being optimistic, but I think we just won the Crypto War. A very important part of the US government is prioritizing security over surveillance….

The US Senate just approved Signal for staff use. Signal is a secure messaging app with no backdoor, and no large corporate owner who can be pressured to install a backdoor.

Susan Landau comments.

Maybe I'm being optimistic, but I think we just won the Crypto War. A very important part of the US government is prioritizing security over surveillance.

from https://www.schneier.com/blog/

Encryption Policy and Freedom of the Press

Interesting law journal article: "Encryption and the Press Clause," by D. Victoria Barantetsky. Abstract: Almost twenty years ago, a hostile debate over whether government could regulate encryption — later named the Crypto Wars — seized the country. At the center of this debate stirred one simple question: is encryption protected speech? This issue touched all branches of government percolating from…

Interesting law journal article: "Encryption and the Press Clause," by D. Victoria Barantetsky.

Abstract: Almost twenty years ago, a hostile debate over whether government could regulate encryption -- later named the Crypto Wars -- seized the country. At the center of this debate stirred one simple question: is encryption protected speech? This issue touched all branches of government percolating from Congress, to the President, and eventually to the federal courts. In a waterfall of cases, several United States Court of Appeals appeared to reach a consensus that encryption was protected speech under the First Amendment, and with that the Crypto Wars appeared to be over, until now.

Nearly twenty years later, the Crypto Wars have returned. Following recent mass shootings, law enforcement has once again questioned the legal protection for encryption and tried to implement "backdoor" techniques to access messages sent over encrypted channels. In the case, Apple v. FBI, the agency tried to compel Apple to grant access to the iPhone of a San Bernardino shooter. The case was never decided, but the legal arguments briefed before the court were essentially the same as they were two decades prior. Apple and amici supporting the company argued that encryption was protected speech.

While these arguments remain convincing, circumstances have changed in ways that should be reflected in the legal doctrines that lawyers use. Unlike twenty years ago, today surveillance is ubiquitous, and the need for encryption is no longer felt by a seldom few. Encryption has become necessary for even the most basic exchange of information given that most Americans share "nearly every aspect of their lives ­-- from the mundane to the intimate" over the Internet, as stated in a recent Supreme Court opinion.

Given these developments, lawyers might consider a new justification under the Press Clause. In addition to the many doctrinal concerns that exist with protection under the Speech Clause, the
Press Clause is normatively and descriptively more accurate at protecting encryption as a tool for secure communication without fear of government surveillance. This Article outlines that framework by examining the historical and theoretical transformation of the Press Clause since its inception.

from https://www.schneier.com/blog/