What the NSA Collects via 702

New York Times reporter Charlie Savage writes about some bad statistics we’re all using: Among surveillance legal policy specialists, it is common to cite a set of statistics from an October 2011 opinion by Judge John Bates, then of the FISA Court, about the volume of internet communications the National Security Agency was collecting under the FISA Amendments Act ("Section…

New York Times reporter Charlie Savage writes about some bad statistics we're all using:

Among surveillance legal policy specialists, it is common to cite a set of statistics from an October 2011 opinion by Judge John Bates, then of the FISA Court, about the volume of internet communications the National Security Agency was collecting under the FISA Amendments Act ("Section 702") warrantless surveillance program. In his opinion, declassified in August 2013, Judge Bates wrote that the NSA was collecting more than 250 million internet communications a year, of which 91 percent came from its Prism system (which collects stored e-mails from providers like Gmail) and 9 percent came from its upstream system (which collects transmitted messages from network operators like AT&T).

These numbers are wrong. This blog post will address, first, the widespread nature of this misunderstanding; second, how I came to FOIA certain documents trying to figure out whether the numbers really added up; third, what those documents show; and fourth, what I further learned in talking to an intelligence official. This is far too dense and weedy for a New York Times article, but should hopefully be of some interest to specialists.

Worth reading for the details.

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

On the Equifax Data Breach

Last Thursday, Equifax reported a data breach that affects 143 million US customers, about 44% of the population. It’s an extremely serious breach; hackers got access to full names, Social Security numbers, birth dates, addresses, driver’s license numbers — exactly the sort of information criminals can use to impersonate victims to banks, credit card companies, insurance companies, and other businesses…

Last Thursday, Equifax reported a data breach that affects 143 million US customers, about 44% of the population. It's an extremely serious breach; hackers got access to full names, Social Security numbers, birth dates, addresses, driver's license numbers -- exactly the sort of information criminals can use to impersonate victims to banks, credit card companies, insurance companies, and other businesses vulnerable to fraud.

Many sites posted guides to protecting yourself now that it's happened. But if you want to prevent this kind of thing from happening again, your only solution is government regulation (as unlikely as that may be at the moment).

The market can't fix this. Markets work because buyers choose between sellers, and sellers compete for buyers. In case you didn't notice, you're not Equifax's customer. You're its product.

This happened because your personal information is valuable, and Equifax is in the business of selling it. The company is much more than a credit reporting agency. It's a data broker. It collects information about all of us, analyzes it all, and then sells those insights.

Its customers are people and organizations who want to buy information: banks looking to lend you money, landlords deciding whether to rent you an apartment, employers deciding whether to hire you, companies trying to figure out whether you'd be a profitable customer -- everyone who wants to sell you something, even governments.

It's not just Equifax. It might be one of the biggest, but there are 2,500 to 4,000 other data brokers that are collecting, storing, and selling information about you -- almost all of them companies you've never heard of and have no business relationship with.

Surveillance capitalism fuels the Internet, and sometimes it seems that everyone is spying on you. You're secretly tracked on pretty much every commercial website you visit. Facebook is the largest surveillance organization mankind has created; collecting data on you is its business model. I don't have a Facebook account, but Facebook still keeps a surprisingly complete dossier on me and my associations -- just in case I ever decide to join.

I also don't have a Gmail account, because I don't want Google storing my e-mail. But my guess is that it has about half of my e-mail anyway, because so many people I correspond with have accounts. I can't even avoid it by choosing not to write to gmail.com addresses, because I have no way of knowing if newperson@company.com is hosted at Gmail.

And again, many companies that track us do so in secret, without our knowledge and consent. And most of the time we can't opt out. Sometimes it's a company like Equifax that doesn't answer to us in any way. Sometimes it's a company like Facebook, which is effectively a monopoly because of its sheer size. And sometimes it's our cell phone provider. All of them have decided to track us and not compete by offering consumers privacy. Sure, you can tell people not to have an e-mail account or cell phone, but that's not a realistic option for most people living in 21st-century America.

The companies that collect and sell our data don't need to keep it secure in order to maintain their market share. They don't have to answer to us, their products. They know it's more profitable to save money on security and weather the occasional bout of bad press after a data loss. Yes, we are the ones who suffer when criminals get our data, or when our private information is exposed to the public, but ultimately why should Equifax care?

Yes, it's a huge black eye for the company -- this week. Soon, another company will have suffered a massive data breach and few will remember Equifax's problem. Does anyone remember last year when Yahoo admitted that it exposed personal information of a billion users in 2013 and another half billion in 2014?

This market failure isn't unique to data security. There is little improvement in safety and security in any industry until government steps in. Think of food, pharmaceuticals, cars, airplanes, restaurants, workplace conditions, and flame-retardant pajamas.

Market failures like this can only be solved through government intervention. By regulating the security practices of companies that store our data, and fining companies that fail to comply, governments can raise the cost of insecurity high enough that security becomes a cheaper alternative. They can do the same thing by giving individuals affected by these breaches the ability to sue successfully, citing the exposure of personal data itself as a harm.

By all means, take the recommended steps to protect yourself from identity theft in the wake of Equifax's data breach, but recognize that these steps are only effective on the margins, and that most data security is out of your hands. Perhaps the Federal Trade Commission will get involved, but without evidence of "unfair and deceptive trade practices," there's nothing it can do. Perhaps there will be a class-action lawsuit, but because it's hard to draw a line between any of the many data breaches you're subjected to and a specific harm, courts are not likely to side with you.

If you don't like how careless Equifax was with your data, don't waste your breath complaining to Equifax. Complain to your government.

This essay previously appeared on CNN.com.

EDITED TO ADD: In the early hours of this breach, I did a radio interview where I minimized the ramifications of this. I didn't know the full extent of the breach, and thought it was just another in an endless string of breaches. I wondered why the press was covering this one and not many of the others. I don't remember which radio show interviewed me. I kind of hope it didn't air.

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

Do the Police Need a Search Warrant to Access Cell Phone Location Data?

The US Supreme Court is deciding a case that will establish whether the police need a warrant to access cell phone location data. This week I signed on to an amicus brief from a wide array of security technologists outlining the technical arguments as why the answer should be yes. Susan Landau summarized our arguments. A bunch of tech companies…

The US Supreme Court is deciding a case that will establish whether the police need a warrant to access cell phone location data. This week I signed on to an amicus brief from a wide array of security technologists outlining the technical arguments as why the answer should be yes. Susan Landau summarized our arguments.

A bunch of tech companies also submitted a brief.

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

Splitting the NSA and US Cyber Command

Rumor is that the Trump administration will separate the NSA and US Cyber Command. I have long thought this was a good idea. Here’s a good discussion of what it does and doesn’t mean….

Rumor is that the Trump administration will separate the NSA and US Cyber Command. I have long thought this was a good idea. Here's a good discussion of what it does and doesn't mean.

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

Alternatives to Government-Mandated Encryption Backdoors

Policy essay: "Encryption Substitutes," by Andrew Keane Woods: In this short essay, I make a few simple assumptions that bear mentioning at the outset. First, I assume that governments have good and legitimate reasons for getting access to personal data. These include things like controlling crime, fighting terrorism, and regulating territorial borders. Second, I assume that people have a right…

Policy essay: "Encryption Substitutes," by Andrew Keane Woods:

In this short essay, I make a few simple assumptions that bear mentioning at the outset. First, I assume that governments have good and legitimate reasons for getting access to personal data. These include things like controlling crime, fighting terrorism, and regulating territorial borders. Second, I assume that people have a right to expect privacy in their personal data. Therefore, policymakers should seek to satisfy both law enforcement and privacy concerns without unduly burdening one or the other. Of course, much of the debate over government access to data is about how to respect both of these assumptions. Different actors will make different trade-offs. My aim in this short essay is merely to show that regardless of where one draws this line -- whether one is more concerned with ensuring privacy of personal information or ensuring that the government has access to crucial evidence -- it would be shortsighted and counterproductive to draw that line with regard to one particular privacy technique and without regard to possible substitutes. The first part of the paper briefly characterizes the encryption debate two ways: first, as it is typically discussed, in stark, uncompromising terms; and second, as a subset of a broader problem. The second part summarizes several avenues available to law enforcement and intelligence agencies seeking access to data. The third part outlines the alternative avenues available to privacy-seekers. The availability of substitutes is relevant to the regulators but also to the regulated. If the encryption debate is one tool in a game of cat and mouse, the cat has other tools at his disposal to catch the mouse -- and the mouse has other tools to evade the cat. The fourth part offers some initial thoughts on implications for the privacy debate.

Blog post.

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

US Army Researching Bot Swarms

The US Army Research Agency is funding research into autonomous bot swarms. From the announcement: The objective of this CRA is to perform enabling basic and applied research to extend the reach, situational awareness, and operational effectiveness of large heterogeneous teams of intelligent systems and Soldiers against dynamic threats in complex and contested environments and provide technical and operational superiority…

The US Army Research Agency is funding research into autonomous bot swarms. From the announcement:

The objective of this CRA is to perform enabling basic and applied research to extend the reach, situational awareness, and operational effectiveness of large heterogeneous teams of intelligent systems and Soldiers against dynamic threats in complex and contested environments and provide technical and operational superiority through fast, intelligent, resilient and collaborative behaviors. To achieve this, ARL is requesting proposals that address three key Research Areas (RAs):

RA1: Distributed Intelligence: Establish the theoretical foundations of multi-faceted distributed networked intelligent systems combining autonomous agents, sensors, tactical super-computing, knowledge bases in the tactical cloud, and human experts to acquire and apply knowledge to affect and inform decisions of the collective team.

RA2: Heterogeneous Group Control: Develop theory and algorithms for control of large autonomous teams with varying levels of heterogeneity and modularity across sensing, computing, platforms, and degree of autonomy.

RA3: Adaptive and Resilient Behaviors: Develop theory and experimental methods for heterogeneous teams to carry out tasks under the dynamic and varying conditions in the physical world.

Slashdot thread.

And while we're on the subject, this is an excellent report on AI and national security.

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

Commentary on US Election Security

Good commentaries from Ed Felten and Matt Blaze. Both make a point that I have also been saying: hacks can undermine the legitimacy of an election, even if there is no actual voter or vote manipulation. Felten: The second lesson is that we should be paying more attention to attacks that aim to undermine the legitimacy of an election rather…

Good commentaries from Ed Felten and Matt Blaze.

Both make a point that I have also been saying: hacks can undermine the legitimacy of an election, even if there is no actual voter or vote manipulation.

Felten:

The second lesson is that we should be paying more attention to attacks that aim to undermine the legitimacy of an election rather than changing the election's result. Election-stealing attacks have gotten most of the attention up to now -- ­and we are still vulnerable to them in some places -- ­but it appears that external threat actors may be more interested in attacking legitimacy.

Attacks on legitimacy could take several forms. An attacker could disrupt the operation of the election, for example, by corrupting voter registration databases so there is uncertainty about whether the correct people were allowed to vote. They could interfere with post-election tallying processes, so that incorrect results were reported­ an attack that might have the intended effect even if the results were eventually corrected. Or the attacker might fabricate evidence of an attack, and release the false evidence after the election.

Legitimacy attacks could be easier to carry out than election-stealing attacks, as well. For one thing, a legitimacy attacker will typically want the attack to be discovered, although they might want to avoid having the culprit identified. By contrast, an election-stealing attack must avoid detection in order to succeed. (If detected, it might function as a legitimacy attack.)

Blaze:

A hostile state actor who can compromise a handful of county networks might not even need to alter any actual votes to create considerable uncertainty about an election's legitimacy. It may be sufficient to simply plant some suspicious software on back end networks, create some suspicious audit files, or add some obviously bogus names to to the voter rolls. If the preferred candidate wins, they can quietly do nothing (or, ideally, restore the compromised networks to their original states). If the "wrong" candidate wins, however, they could covertly reveal evidence that county election systems had been compromised, creating public doubt about whether the election had been "rigged". This could easily impair the ability of the true winner to effectively govern, at least for a while.

In other words, a hostile state actor interested in disruption may actually have an easier task than someone who wants to undetectably steal even a small local office. And a simple phishing and trojan horse email campaign like the one in the NSA report is potentially all that would be needed to carry this out.

Me:

Democratic elections serve two purposes. The first is to elect the winner. But the second is to convince the loser. After the votes are all counted, everyone needs to trust that the election was fair and the results accurate. Attacks against our election system, even if they are ultimately ineffective, undermine that trust and ­ by extension ­ our democracy.

And, finally, a report from the Brennan Center for Justice on how to secure elections.

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

The FAA Is Arguing for Security by Obscurity

In a proposed rule by the FAA, it argues that software in an Embraer S.A. Model ERJ 190-300 airplane is secure because it’s proprietary: In addition, the operating systems for current airplane systems are usually and historically proprietary. Therefore, they are not as susceptible to corruption from worms, viruses, and other malicious actions as are more-widely used commercial operating systems,…

In a proposed rule by the FAA, it argues that software in an Embraer S.A. Model ERJ 190-300 airplane is secure because it's proprietary:

In addition, the operating systems for current airplane systems are usually and historically proprietary. Therefore, they are not as susceptible to corruption from worms, viruses, and other malicious actions as are more-widely used commercial operating systems, such as Microsoft Windows, because access to the design details of these proprietary operating systems is limited to the system developer and airplane integrator. Some systems installed on the Embraer Model ERJ 190-300 airplane will use operating systems that are widely used and commercially available from third-party software suppliers. The security vulnerabilities of these operating systems may be more widely known than are the vulnerabilities of proprietary operating systems that the avionics manufacturers currently use.

Longtime readers will immediately recognize the "security by obscurity" argument. Its main problem is that it's fragile. The information is likely less obscure than you think, and even if it is truly obscure, once it's published you've just lost all your security.

This is me from 2014, 2004, and 2002.

The comment period for this proposed rule is ongoing. If you comment, please be polite -- they're more likely to listen to you.

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

The Dangers of Secret Law

Last week, the Department of Justice released 18 new FISC opinions related to Section 702 as part of an EFF FOIA lawsuit. (Of course, they don’t mention EFF or the lawsuit. They make it sound as if it was their idea.) There’s probably a lot in these opinions. In one Kafkaesque ruling, a defendant was denied access to the previous…

Last week, the Department of Justice released 18 new FISC opinions related to Section 702 as part of an EFF FOIA lawsuit. (Of course, they don't mention EFF or the lawsuit. They make it sound as if it was their idea.)

There's probably a lot in these opinions. In one Kafkaesque ruling, a defendant was denied access to the previous court rulings that were used by the court to decide against it:

...in 2014, the Foreign Intelligence Surveillance Court (FISC) rejected a service provider's request to obtain other FISC opinions that government attorneys had cited and relied on in court filings seeking to compel the provider's cooperation.

[...]

The provider's request came up amid legal briefing by both it and the DOJ concerning its challenge to a 702 order. After the DOJ cited two earlier FISC opinions that were not public at the time -- one from 2014 and another from 2008­ -- the provider asked the court for access to those rulings.

The provider argued that without being able to review the previous FISC rulings, it could not fully understand the court's earlier decisions, much less effectively respond to DOJ's argument. The provider also argued that because attorneys with Top Secret security clearances represented it, they could review the rulings without posing a risk to national security.

The court disagreed in several respects. It found that the court's rules and Section 702 prohibited the documents release. It also rejected the provider's claim that the Constitution's Due Process Clause entitled it to the documents.

This kind of government secrecy is toxic to democracy. National security is important, but we will not survive if we become a country of secret court orders based on secret interpretations of secret law.

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

NSA Document Outlining Russian Attempts to Hack Voter Rolls

This week brought new public evidence about Russian interference in the 2016 election. On Monday, the Intercept published a top-secret National Security Agency document describing Russian hacking attempts against the US election system. While the attacks seem more exploratory than operational ­– and there’s no evidence that they had any actual effect ­– they further illustrate the real threats and…

This week brought new public evidence about Russian interference in the 2016 election. On Monday, the Intercept published a top-secret National Security Agency document describing Russian hacking attempts against the US election system. While the attacks seem more exploratory than operational ­-- and there's no evidence that they had any actual effect ­-- they further illustrate the real threats and vulnerabilities facing our elections, and they point to solutions.

The document describes how the GRU, Russia's military intelligence agency, attacked a company called VR Systems that, according to its website, provides software to manage voter rolls in eight states. The August 2016 attack was successful, and the attackers used the information they stole from the company's network to launch targeted attacks against 122 local election officials on October 27, 12 days before the election.

That is where the NSA's analysis ends. We don't know whether those 122 targeted attacks were successful, or what their effects were if so. We don't know whether other election software companies besides VR Systems were targeted, or what the GRU's overall plan was -- if it had one. Certainly, there are ways to disrupt voting by interfering with the voter registration process or voter rolls. But there was no indication on Election Day that people found their names removed from the system, or their address changed, or anything else that would have had an effect -- anywhere in the country, let alone in the eight states where VR Systems is deployed. (There were Election Day problems with the voting rolls in Durham, NC ­-- one of the states that VR Systems supports ­-- but they seem like conventional errors and not malicious action.)

And 12 days before the election (with early voting already well underway in many jurisdictions) seems far too late to start an operation like that. That is why these attacks feel exploratory to me, rather than part of an operational attack. The Russians were seeing how far they could get, and keeping those accesses in their pocket for potential future use.

Presumably, this document was intended for the Justice Department, including the FBI, which would be the proper agency to continue looking into these hacks. We don't know what happened next, if anything. VR Systems isn't commenting, and the names of the local election officials targeted did not appear in the NSA document.

So while this document isn't much of a smoking gun, it's yet more evidence of widespread Russian attempts to interfere last year.

The document was, allegedly, sent to the Intercept anonymously. An NSA contractor, Reality Leigh Winner, was arrested Saturday and charged with mishandling classified information. The speed with which the government identified her serves as a caution to anyone wanting to leak official US secrets.

The Intercept sent a scan of the document to another source during its reporting. That scan showed a crease in the original document, which implied that someone had printed the document and then carried it out of some secure location. The second source, according to the FBI's affidavit against Winner, passed it on to the NSA. From there, NSA investigators were able to look at their records and determine that only six people had printed out the document. (The government may also have been able to track the printout through secret dots that identified the printer.) Winner was the only one of those six who had been in e-mail contact with the Intercept. It is unclear whether the e-mail evidence was from Winner's NSA account or her personal account, but in either case, it's incredibly sloppy tradecraft.

With President Trump's election, the issue of Russian interference in last year's campaign has become highly politicized. Reports like the one from the Office of the Director of National Intelligence in January have been criticized by partisan supporters of the White House. It's interesting that this document was reported by the Intercept, which has been historically skeptical about claims of Russian interference. (I was quoted in their story, and they showed me a copy of the NSA document before it was published.) The leaker was even praised by WikiLeaks founder Julian Assange, who up until now has been traditionally critical of allegations of Russian election interference.

This demonstrates the power of source documents. It's easy to discount a Justice Department official or a summary report. A detailed NSA document is much more convincing. Right now, there's a federal suit to force the ODNI to release the entire January report, not just the unclassified summary. These efforts are vital.

This hack will certainly come up at the Senate hearing where former FBI director James B. Comey is scheduled to testify Thursday. Last year, there were several stories about voter databases being targeted by Russia. Last August, the FBI confirmed that the Russians successfully hacked voter databases in Illinois and Arizona. And a month later, an unnamed Department of Homeland Security official said that the Russians targeted voter databases in 20 states. Again, we don't know of anything that came of these hacks, but expect Comey to be asked about them. Unfortunately, any details he does know are almost certainly classified, and won't be revealed in open testimony.

But more important than any of this, we need to better secure our election systems going forward. We have significant vulnerabilities in our voting machines, our voter rolls and registration process, and the vote tabulation systems after the polls close. In January, DHS designated our voting systems as critical national infrastructure, but so far that has been entirely for show. In the United States, we don't have a single integrated election. We have 50-plus individual elections, each with its own rules and its own regulatory authorities. Federal standards that mandate voter-verified paper ballots and post-election auditing would go a long way to secure our voting system. These attacks demonstrate that we need to secure the voter rolls, as well.

Democratic elections serve two purposes. The first is to elect the winner. But the second is to convince the loser. After the votes are all counted, everyone needs to trust that the election was fair and the results accurate. Attacks against our election system, even if they are ultimately ineffective, undermine that trust and ­-- by extension ­-- our democracy. Yes, fixing this will be expensive. Yes, it will require federal action in what's historically been state-run systems. But as a country, we have no other option.

This essay previously appeared in the Washington Post.

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