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Japan’s Directorate for Signals Intelligence

The Intercept has a long article on Japan’s equivalent of the NSA: the Directorate for Signals Intelligence. Interesting, but nothing really surprising.

The directorate has a history that dates back to the 1950s; its role is to eavesdrop on communications. But its operations remain so highly classified that the Japanese government has disclosed little about its work ­ even the location of its headquarters. Most Japanese officials, except for a select few of the prime minister’s inner circle, are kept in the dark about the directorate’s activities, which are regulated by a limited legal framework and not subject to any independent oversight.

Now, a new investigation by the Japanese broadcaster NHK — produced in collaboration with The Intercept — reveals for the first time details about the inner workings of Japan’s opaque spy community. Based on classified documents and interviews with current and former officials familiar with the agency’s intelligence work, the investigation shines light on a previously undisclosed internet surveillance program and a spy hub in the south of Japan that is used to monitor phone calls and emails passing across communications satellites.

The article includes some new documents from the Snowden archive.

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Two NSA Algorithms Rejected by the ISO

The ISO has rejected two symmetric encryption algorithms: SIMON and SPECK. These algorithms were both designed by the NSA and made public in 2013. They are optimized for small and low-cost processors like IoT devices.

The risk of using NSA-designed ciphers, of course, is that they include NSA-designed backdoors. Personally, I doubt that they’re backdoored. And I always like seeing NSA-designed cryptography (particularly its key schedules). It’s like examining alien technology.

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After Section 702 Reauthorization

For over a decade, civil libertarians have been fighting government mass surveillance of innocent Americans over the Internet. We’ve just lost an important battle. On January 18, President Trump signed the renewal of Section 702, domestic mass surveillance became effectively a permanent part of US law.

Section 702 was initially passed in 2008, as an amendment to the Foreign Intelligence Surveillance Act of 1978. As the title of that law says, it was billed as a way for the NSA to spy on non-Americans located outside the United States. It was supposed to be an efficiency and cost-saving measure: the NSA was already permitted to tap communications cables located outside the country, and it was already permitted to tap communications cables from one foreign country to another that passed through the United States. Section 702 allowed it to tap those cables from inside the United States, where it was easier. It also allowed the NSA to request surveillance data directly from Internet companies under a program called PRISM.

The problem is that this authority also gave the NSA the ability to collect foreign communications and data in a way that inherently and intentionally also swept up Americans’ communications as well, without a warrant. Other law enforcement agencies are allowed to ask the NSA to search those communications, give their contents to the FBI and other agencies and then lie about their origins in court.

In 1978, after Watergate had revealed the Nixon administration’s abuses of power, we erected a wall between intelligence and law enforcement that prevented precisely this kind of sharing of surveillance data under any authority less restrictive than the Fourth Amendment. Weakening that wall is incredibly dangerous, and the NSA should never have been given this authority in the first place.

Arguably, it never was. The NSA had been doing this type of surveillance illegally for years, something that was first made public in 2006. Section 702 was secretly used as a way to paper over that illegal collection, but nothing in the text of the later amendment gives the NSA this authority. We didn’t know that the NSA was using this law as the statutory basis for this surveillance until Edward Snowden showed us in 2013.

Civil libertarians have been battling this law in both Congress and the courts ever since it was proposed, and the NSA’s domestic surveillance activities even longer. What this most recent vote tells me is that we’ve lost that fight.

Section 702 was passed under George W. Bush in 2008, reauthorized under Barack Obama in 2012, and now reauthorized again under Trump. In all three cases, congressional support was bipartisan. It has survived multiple lawsuits by the Electronic Frontier Foundation, the ACLU, and others. It has survived the revelations by Snowden that it was being used far more extensively than Congress or the public believed, and numerous public reports of violations of the law. It has even survived Trump’s belief that he was being personally spied on by the intelligence community, as well as any congressional fears that Trump could abuse the authority in the coming years. And though this extension lasts only six years, it’s inconceivable to me that it will ever be repealed at this point.

So what do we do? If we can’t fight this particular statutory authority, where’s the new front on surveillance? There are, it turns out, reasonable modifications that target surveillance more generally, and not in terms of any particular statutory authority. We need to look at US surveillance law more generally.

First, we need to strengthen the minimization procedures to limit incidental collection. Since the Internet was developed, all the world’s communications travel around in a single global network. It’s impossible to collect only foreign communications, because they’re invariably mixed in with domestic communications. This is called “incidental” collection, but that’s a misleading name. It’s collected knowingly, and searched regularly. The intelligence community needs much stronger restrictions on which American communications channels it can access without a court order, and rules that require they delete the data if they inadvertently collect it. More importantly, “collection” is defined as the point the NSA takes a copy of the communications, and not later when they search their databases.

Second, we need to limit how other law enforcement agencies can use incidentally collected information. Today, those agencies can query a database of incidental collection on Americans. The NSA can legally pass information to those other agencies. This has to stop. Data collected by the NSA under its foreign surveillance authority should not be used as a vehicle for domestic surveillance.

The most recent reauthorization modified this lightly, forcing the FBI to obtain a court order when querying the 702 data for a criminal investigation. There are still exceptions and loopholes, though.

Third, we need to end what’s called “parallel construction.” Today, when a law enforcement agency uses evidence found in this NSA database to arrest someone, it doesn’t have to disclose that fact in court. It can reconstruct the evidence in some other manner once it knows about it, and then pretend it learned of it that way. This right to lie to the judge and the defense is corrosive to liberty, and it must end.

Pressure to reform the NSA will probably first come from Europe. Already, European Union courts have pointed to warrantless NSA surveillance as a reason to keep Europeans’ data out of US hands. Right now, there is a fragile agreement between the EU and the United States ­– called “Privacy Shield” — ­that requires Americans to maintain certain safeguards for international data flows. NSA surveillance goes against that, and it’s only a matter of time before EU courts start ruling this way. That’ll have significant effects on both government and corporate surveillance of Europeans and, by extension, the entire world.

Further pressure will come from the increased surveillance coming from the Internet of Things. When your home, car, and body are awash in sensors, privacy from both governments and corporations will become increasingly important. Sooner or later, society will reach a tipping point where it’s all too much. When that happens, we’re going to see significant pushback against surveillance of all kinds. That’s when we’ll get new laws that revise all government authorities in this area: a clean sweep for a new world, one with new norms and new fears.

It’s possible that a federal court will rule on Section 702. Although there have been many lawsuits challenging the legality of what the NSA is doing and the constitutionality of the 702 program, no court has ever ruled on those questions. The Bush and Obama administrations successfully argued that defendants don’t have legal standing to sue. That is, they have no right to sue because they don’t know they’re being targeted. If any of the lawsuits can get past that, things might change dramatically.

Meanwhile, much of this is the responsibility of the tech sector. This problem exists primarily because Internet companies collect and retain so much personal data and allow it to be sent across the network with minimal security. Since the government has abdicated its responsibility to protect our privacy and security, these companies need to step up: Minimize data collection. Don’t save data longer than absolutely necessary. Encrypt what has to be saved. Well-designed Internet services will safeguard users, regardless of government surveillance authority.

For the rest of us concerned about this, it’s important not to give up hope. Everything we do to keep the issue in the public eye ­– and not just when the authority comes up for reauthorization again in 2024 — hastens the day when we will reaffirm our rights to privacy in the digital age.

This essay previously appeared in the Washington Post.

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Tamper-Detection App for Android

Edward Snowden and Nathan Freitas have created an Android app that detects when it’s being tampered with. The basic idea is to put the app on a second phone and put the app on or near something important, like your laptop. The app can then text you — and also record audio and video — when something happens around it: when it’s moved, when the lighting changes, and so on. This gives you some protection against the “evil maid attack” against laptops.

Micah Lee has a good article about the app, including some caveats about its use and security.

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ISO Rejects NSA Encryption Algorithms

The ISO has decided not to approve two NSA-designed block encryption algorithms: Speck and Simon. It’s because the NSA is not trusted to put security ahead of surveillance:

A number of them voiced their distrust in emails to one another, seen by Reuters, and in written comments that are part of the process. The suspicions stem largely from internal NSA documents disclosed by Snowden that showed the agency had previously plotted to manipulate standards and promote technology it could penetrate. Budget documents, for example, sought funding to “insert vulnerabilities into commercial encryption systems.”

More than a dozen of the experts involved in the approval process for Simon and Speck feared that if the NSA was able to crack the encryption techniques, it would gain a “back door” into coded transmissions, according to the interviews and emails and other documents seen by Reuters.

“I don’t trust the designers,” Israeli delegate Orr Dunkelman, a computer science professor at the University of Haifa, told Reuters, citing Snowden’s papers. “There are quite a lot of people in NSA who think their job is to subvert standards. My job is to secure standards.”

I don’t trust the NSA, either.

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NSA Insider Security Post-Snowden

According to a recently declassified report obtained under FOIA, the NSA’s attempts to protect itself against insider attacks aren’t going very well:

The N.S.A. failed to consistently lock racks of servers storing highly classified data and to secure data center machine rooms, according to the report, an investigation by the Defense Department’s inspector general completed in 2016.

[…]

The agency also failed to meaningfully reduce the number of officials and contractors who were empowered to download and transfer data classified as top secret, as well as the number of “privileged” users, who have greater power to access the N.S.A.’s most sensitive computer systems. And it did not fully implement software to monitor what those users were doing.

In all, the report concluded, while the post-Snowden initiative — called “Secure the Net” by the N.S.A. — had some successes, it “did not fully meet the intent of decreasing the risk of insider threats to N.S.A. operations and the ability of insiders to exfiltrate data.”

Marcy Wheeler comments:

The IG report examined seven of the most important out of 40 “Secure the Net” initiatives rolled out since Snowden began leaking classified information. Two of the initiatives aspired to reduce the number of people who had the kind of access Snowden did: those who have privileged access to maintain, configure, and operate the NSA’s computer systems (what the report calls PRIVACs), and those who are authorized to use removable media to transfer data to or from an NSA system (what the report calls DTAs).

But when DOD’s inspectors went to assess whether NSA had succeeded in doing this, they found something disturbing. In both cases, the NSA did not have solid documentation about how many such users existed at the time of the Snowden leak. With respect to PRIVACs, in June 2013 (the start of the Snowden leak), “NSA officials stated that they used a manually kept spreadsheet, which they no longer had, to identify the initial number of privileged users.” The report offered no explanation for how NSA came to no longer have that spreadsheet just as an investigation into the biggest breach thus far at NSA started. With respect to DTAs, “NSA did not know how many DTAs it had because the manually kept list was corrupted during the months leading up to the security breach.”

There seem to be two possible explanations for the fact that the NSA couldn’t track who had the same kind of access that Snowden exploited to steal so many documents. Either the dog ate their homework: Someone at NSA made the documents unavailable (or they never really existed). Or someone fed the dog their homework: Some adversary made these lists unusable. The former would suggest the NSA had something to hide as it prepared to explain why Snowden had been able to walk away with NSA’s crown jewels. The latter would suggest that someone deliberately obscured who else in the building might walk away with the crown jewels. Obscuring that list would be of particular value if you were a foreign adversary planning on walking away with a bunch of files, such as the set of hacking tools the Shadow Brokers have since released, which are believed to have originated at NSA.

Read the whole thing. Securing against insiders, especially those with technical access, is difficult, but I had assumed the NSA did more post-Snowden.

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Who is Publishing NSA and CIA Secrets, and Why?

There’s something going on inside the intelligence communities in at least two countries, and we have no idea what it is.

Consider these three data points. One: someone, probably a country’s intelligence organization, is dumping massive amounts of cyberattack tools belonging to the NSA onto the Internet. Two: someone else, or maybe the same someone, is doing the same thing to the CIA.

Three: in March, NSA Deputy Director Richard Ledgett described how the NSA penetrated the computer networks of a Russian intelligence agency and was able to monitor them as they attacked the US State Department in 2014. Even more explicitly, a US ally­ — my guess is the UK — ­was not only hacking the Russian intelligence agency’s computers, but also the surveillance cameras inside their building. “They [the US ally] monitored the [Russian] hackers as they maneuvered inside the U.S. systems and as they walked in and out of the workspace, and were able to see faces, the officials said.”

Countries don’t often reveal intelligence capabilities: “sources and methods.” Because it gives their adversaries important information about what to fix, it’s a deliberate decision done with good reason. And it’s not just the target country who learns from a reveal. When the US announces that it can see through the cameras inside the buildings of Russia’s cyber warriors, other countries immediately check the security of their own cameras.

With all this in mind, let’s talk about the recent leaks at NSA and the CIA.

Last year, a previously unknown group called the Shadow Brokers started releasing NSA hacking tools and documents from about three years ago. They continued to do so this year — ­five sets of files in all­ — and have implied that more classified documents are to come. We don’t know how they got the files. When the Shadow Brokers first emerged, the general consensus was that someone had found and hacked an external NSA staging server. These are third-party computers that the NSA’s TAO hackers use to launch attacks from. Those servers are necessarily stocked with TAO attack tools. This matched the leaks, which included a “script” directory and working attack notes. We’re not sure if someone inside the NSA made a mistake that left these files exposed, or if the hackers that found the cache got lucky.

That explanation stopped making sense after the latest Shadow Brokers release, which included attack tools against Windows, PowerPoint presentations, and operational notes — ­documents that are definitely not going to be on an external NSA staging server. A credible theory, which I first heard from Nicholas Weaver, is that the Shadow Brokers are publishing NSA data from multiple sources. The first leaks were from an external staging server, but the more recent leaks are from inside the NSA itself.

So what happened? Did someone inside the NSA accidentally mount the wrong server on some external network? That’s possible, but seems very unlikely. Did someone hack the NSA itself? Could there be a mole inside the NSA, as Kevin Poulsen speculated?

If it is a mole, my guess is that he’s already been arrested. There are enough individualities in the files to pinpoint exactly where and when they came from. Surely the NSA knows who could have taken the files. No country would burn a mole working for it by publishing what he delivered. Intelligence agencies know that if they betray a source this severely, they’ll never get another one.

That points to two options. The first is that the files came from Hal Martin. He’s the NSA contractor who was arrested in August for hoarding agency secrets in his house for two years. He can’t be the publisher, because the Shadow Brokers are in business even though he is in prison. But maybe the leaker got the documents from his stash: either because Martin gave the documents to them or because he himself was hacked. The dates line up, so it’s theoretically possible, but the contents of the documents speak to someone with a different sort of access. There’s also nothing in the public indictment against Martin that speaks to his selling secrets to a foreign power, and I think it’s exactly the sort of thing that the NSA would leak. But maybe I’m wrong about all of this; Occam’s Razor suggests that it’s him.

The other option is a mysterious second NSA leak of cyberattack tools. The only thing I have ever heard about this is from a Washington Post story about Martin: “But there was a second, previously undisclosed breach of cybertools, discovered in the summer of 2015, which was also carried out by a TAO employee, one official said. That individual also has been arrested, but his case has not been made public. The individual is not thought to have shared the material with another country, the official said.” But “not thought to have” is not the same as not having done so.

On the other hand, it’s possible that someone penetrated the internal NSA network. We’ve already seen NSA tools that can do that kind of thing to other networks. That would be huge, and explain why there were calls to fire NSA Director Mike Rogers last year.

The CIA leak is both similar and different. It consists of a series of attack tools from about a year ago. The most educated guess amongst people who know stuff is that the data is from an almost-certainly air-gapped internal development wiki­a Confluence server­ — and either someone on the inside was somehow coerced into giving up a copy of it, or someone on the outside hacked into the CIA and got themselves a copy. They turned the documents over to WikiLeaks, which continues to publish it.

This is also a really big deal, and hugely damaging for the CIA. Those tools were new, and they’re impressive. I have been told that the CIA is desperately trying to hire coders to replace what was lost.

For both of these leaks, one big question is attribution: who did this? A whistleblower wouldn’t sit on attack tools for years before publishing. A whistleblower would act more like Snowden or Manning, publishing immediately — ­and publishing documents that discuss what the US is doing to whom, not simply a bunch of attack tools. It just doesn’t make sense. Neither does random hackers. Or cybercriminals. I think it’s being done by a country or countries.

My guess was, and is still, Russia in both cases. Here’s my reasoning. Whoever got this information years before and is leaking it now has to 1) be capable of hacking the NSA and/or the CIA, and 2) willing to publish it all. Countries like Israel and France are certainly capable, but wouldn’t ever publish. Countries like North Korea or Iran probably aren’t capable. The list of countries who fit both criteria is small: Russia, China, and…and…and I’m out of ideas. And China is currently trying to make nice with the US.

Last August, Edward Snowden guessed Russia, too.

So Russia — ­or someone else­ — steals these secrets, and presumably uses them to both defend its own networks and hack other countries while deflecting blame for a couple of years. For it to publish now means that the intelligence value of the information is now lower than the embarrassment value to the NSA and CIA. This could be because the US figured out that its tools were hacked, and maybe even by whom; which would make the tools less valuable against US government targets, although still valuable against third parties.

The message that comes with publishing seems clear to me: “We are so deep into your business that we don’t care if we burn these few-years-old capabilities, as well as the fact that we have them. There’s just nothing you can do about it.” It’s bragging.

Which is exactly the same thing Ledgett is doing to the Russians. Maybe the capabilities he talked about are long gone, so there’s nothing lost in exposing sources and methods. Or maybe he too is bragging: saying to the Russians that he doesn’t care if they know. He’s certainly bragging to every other country that is paying attention to his remarks. (He may be bluffing, of course, hoping to convince others that the US has intelligence capabilities it doesn’t.)

What happens when intelligence agencies go to war with each other and don’t tell the rest of us? I think there’s something going on between the US and Russia that the public is just seeing pieces of. We have no idea why, or where it will go next, and can only speculate.

This essay previously appeared on Lawfare.com.

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Uber Uses Ubiquitous Surveillance to Identify and Block Regulators

The New York Times reports that Uber developed apps that identified and blocked government regulators using the app to find evidence of illegal behavior:

Yet using its app to identify and sidestep authorities in places where regulators said the company was breaking the law goes further in skirting ethical lines — and potentially legal ones, too. Inside Uber, some of those who knew about the VTOS program and how the Greyball tool was being used were troubled by it.

[…]

One method involved drawing a digital perimeter, or “geofence,” around authorities’ offices on a digital map of the city that Uber monitored. The company watched which people frequently opened and closed the app — a process internally called “eyeballing” — around that location, which signified that the user might be associated with city agencies.

Other techniques included looking at the user’s credit card information and whether that card was tied directly to an institution like a police credit union.

Enforcement officials involved in large-scale sting operations to catch Uber drivers also sometimes bought dozens of cellphones to create different accounts. To circumvent that tactic, Uber employees went to that city’s local electronics stores to look up device numbers of the cheapest mobile phones on sale, which were often the ones bought by city officials, whose budgets were not sizable.

In all, there were at least a dozen or so signifiers in the VTOS program that Uber employees could use to assess whether users were new riders or very likely city officials.

If those clues were not enough to confirm a user’s identity, Uber employees would search social media profiles and other available information online. Once a user was identified as law enforcement, Uber Greyballed him or her, tagging the user with a small piece of code that read Greyball followed by a string of numbers.

When Edward Snowden exposed the fact that the NSA does this sort of thing, I commented that the technologies will eventually become cheap enough for corporations to do it. Now, it has.

One discussion we need to have is whether or not this behavior is legal. But another, more important, discussion is whether or not it is ethical. Do we want to live in a society where corporations wield this sort of power against government? Against individuals? Because if we don’t align government against this kind of behavior, it’ll become the norm.

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NSA Using Cyberattack for Defense

These days, it’s rare that we learn something new from the Snowden documents. But Ben Buchanan found something interesting. The NSA penetrates enemy networks in order to enhance our defensive capabilities.

The data the NSA collected by penetrating BYZANTINE CANDOR’s networks had concrete forward-looking defensive value. It included information on the adversary’s “future targets,” including “bios of senior White House officials, [cleared defense contractor] employees, [United States government] employees” and more. It also included access to the “source code and [the] new tools” the Chinese used to conduct operations. The computers penetrated by the NSA also revealed information about the exploits in use. In effect, the intelligence gained from the operation, once given to network defenders and fed into automated systems, was enough to guide and enhance the United States’ defensive efforts.

This case alludes to important themes in network defense. It shows the persistence of talented adversaries, the creativity of clever defenders, the challenge of getting actionable intelligence on the threat, and the need for network architecture and defenders capable of acting on that information. But it also highlights an important point that is too often overlooked: not every intrusion is in service of offensive aims. There are genuinely defensive reasons for a nation to launch intrusions against another nation’s networks.

[…]

Other Snowden files show what the NSA can do when it gathers this data, describing an interrelated and complex set of United States programs to collect intelligence and use it to better protect its networks. The NSA’s internal documents call this “foreign intelligence in support of dynamic defense.” The gathered information can “tip” malicious code the NSA has placed on servers and computers around the world. Based on this tip, one of the NSA’s nodes can act on the information, “inject[ing a] response onto the Internet towards [the] target.” There are a variety of responses that the NSA can inject, including resetting connections, delivering malicious code, and redirecting internet traffic.

Similarly, if the NSA can learn about the adversary’s “tools and tradecraft” early enough, it can develop and deploy “tailored countermeasures” to blunt the intended effect. The NSA can then try to discern the intent of the adversary and use its countermeasure to mitigate the attempted intrusion. The signals intelligence agency feeds information about the incoming threat to an automated system deployed on networks that the NSA protects. This system has a number of capabilities, including blocking the incoming traffic outright, sending unexpected responses back to the adversary, slowing the traffic down, and “permitting the activity to appear [to the adversary] to complete without disclosing that it did not reach [or] affect the intended target.”

These defensive capabilities appear to be actively in use by the United States against a wide range of threats. NSA documents indicate that the agency uses the system to block twenty-eight major categories of threats as of 2011. This includes action against significant adversaries, such as China, as well as against non-state actors. Documents provide a number of success stories. These include the thwarting of a BYZANTINE HADES intrusion attempt that targeted four high-ranking American military leaders, including the Chief of Naval Operations and the Chairman of the Joint Chiefs of Staff; the NSA’s network defenders saw the attempt coming and successfully prevented any negative effects. The files also include examples of successful defense against Anonymous and against several other code-named entities.

I recommend Buchanan’s book: The Cybersecurity Dilemma: Hacking, Trust and Fear Between Nations.

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