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More on Law Enforcement Backdoor Demands

The Carnegie Endowment for International Peace and Princeton University’s Center for Information Technology Policy convened an Encryption Working Group to attempt progress on the “going dark” debate. They have released their report: “Moving the Encryption Policy Conversation Forward.

The main contribution seems to be that attempts to backdoor devices like smartphones shouldn’t also backdoor communications systems:

Conclusion: There will be no single approach for requests for lawful access that can be applied to every technology or means of communication. More work is necessary, such as that initiated in this paper, to separate the debate into its component parts, examine risks and benefits in greater granularity, and seek better data to inform the debate. Based on our attempt to do this for one particular area, the working group believes that some forms of access to encrypted information, such as access to data at rest on mobile phones, should be further discussed. If we cannot have a constructive dialogue in that easiest of cases, then there is likely none to be had with respect to any of the other areas. Other forms of access to encrypted information, including encrypted data-in-motion, may not offer an achievable balance of risk vs. benefit, and as such are not worth pursuing and should not be the subject of policy changes, at least for now. We believe that to be productive, any approach must separate the issue into its component parts.

I don’t believe that backdoor access to encryption data at rest offers “an achievable balance of risk vs. benefit” either, but I agree that the two aspects should be treated independently.

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The Myth of Consumer-Grade Security

The Department of Justice wants access to encrypted consumer devices but promises not to infiltrate business products or affect critical infrastructure. Yet that’s not possible, because there is no longer any difference between those categories of devices. Consumer devices are critical infrastructure. They affect national security. And it would be foolish to weaken them, even at the request of law enforcement.

In his keynote address at the International Conference on Cybersecurity, Attorney General William Barr argued that companies should weaken encryption systems to gain access to consumer devices for criminal investigations. Barr repeated a common fallacy about a difference between military-grade encryption and consumer encryption: “After all, we are not talking about protecting the nation’s nuclear launch codes. Nor are we necessarily talking about the customized encryption used by large business enterprises to protect their operations. We are talking about consumer products and services such as messaging, smart phones, e-mail, and voice and data applications.”

The thing is, that distinction between military and consumer products largely doesn’t exist. All of those “consumer products” Barr wants access to are used by government officials — heads of state, legislators, judges, military commanders and everyone else — worldwide. They’re used by election officials, police at all levels, nuclear power plant operators, CEOs and human rights activists. They’re critical to national security as well as personal security.

This wasn’t true during much of the Cold War. Before the Internet revolution, military-grade electronics were different from consumer-grade. Military contracts drove innovation in many areas, and those sectors got the cool new stuff first. That started to change in the 1980s, when consumer electronics started to become the place where innovation happened. The military responded by creating a category of military hardware called COTS: commercial off-the-shelf technology. More consumer products became approved for military applications. Today, pretty much everything that doesn’t have to be hardened for battle is COTS and is the exact same product purchased by consumers. And a lot of battle-hardened technologies are the same computer hardware and software products as the commercial items, but in sturdier packaging.

Through the mid-1990s, there was a difference between military-grade encryption and consumer-grade encryption. Laws regulated encryption as a munition and limited what could legally be exported only to key lengths that were easily breakable. That changed with the rise of Internet commerce, because the needs of commercial applications more closely mirrored the needs of the military. Today, the predominant encryption algorithm for commercial applications — Advanced Encryption Standard (AES) — is approved by the National Security Agency (NSA) to secure information up to the level of Top Secret. The Department of Defense’s classified analogs of the Internet­ — Secret Internet Protocol Router Network (SIPRNet), Joint Worldwide Intelligence Communications System (JWICS) and probably others whose names aren’t yet public — use the same Internet protocols, software, and hardware that the rest of the world does, albeit with additional physical controls. And the NSA routinely assists in securing business and consumer systems, including helping Google defend itself from Chinese hackers in 2010.

Yes, there are some military applications that are different. The US nuclear system Barr mentions is one such example — and it uses ancient computers and 8-inch floppy drives. But for pretty much everything that doesn’t see active combat, it’s modern laptops, iPhones, the same Internet everyone else uses, and the same cloud services.

This is also true for corporate applications. Corporations rarely use customized encryption to protect their operations. They also use the same types of computers, networks, and cloud services that the government and consumers use. Customized security is both more expensive because it is unique, and less secure because it’s nonstandard and untested.

During the Cold War, the NSA had the dual mission of attacking Soviet computers and communications systems and defending domestic counterparts. It was possible to do both simultaneously only because the two systems were different at every level. Today, the entire world uses Internet protocols; iPhones and Android phones; and iMessage, WhatsApp and Signal to secure their chats. Consumer-grade encryption is the same as military-grade encryption, and consumer security is the same as national security.

Barr can’t weaken consumer systems without also weakening commercial, government, and military systems. There’s one world, one network, and one answer. As a matter of policy, the nation has to decide which takes precedence: offense or defense. If security is deliberately weakened, it will be weakened for everybody. And if security is strengthened, it is strengthened for everybody. It’s time to accept the fact that these systems are too critical to society to weaken. Everyone will be more secure with stronger encryption, even if it means the bad guys get to use that encryption as well.

This essay previously appeared on Lawfare.com.

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Facebook Plans on Backdooring WhatsApp

This article points out that Facebook’s planned content moderation scheme will result in an encryption backdoor into WhatsApp:

In Facebook’s vision, the actual end-to-end encryption client itself such as WhatsApp will include embedded content moderation and blacklist filtering algorithms. These algorithms will be continually updated from a central cloud service, but will run locally on the user’s device, scanning each cleartext message before it is sent and each encrypted message after it is decrypted.

The company even noted that when it detects violations it will need to quietly stream a copy of the formerly encrypted content back to its central servers to analyze further, even if the user objects, acting as true wiretapping service.

Facebook’s model entirely bypasses the encryption debate by globalizing the current practice of compromising devices by building those encryption bypasses directly into the communications clients themselves and deploying what amounts to machine-based wiretaps to billions of users at once.

Once this is in place, it’s easy for the government to demand that Facebook add another filter — one that searches for communications that they care about — and alert them when it gets triggered.

Of course alternatives like Signal will exist for those who don’t want to be subject to Facebook’s content moderation, but what happens when this filtering technology is built into operating systems?

The problem is that if Facebook’s model succeeds, it will only be a matter of time before device manufacturers and mobile operating system developers embed similar tools directly into devices themselves, making them impossible to escape. Embedding content scanning tools directly into phones would make it possible to scan all apps, including ones like Signal, effectively ending the era of encrypted communications.

I don’t think this will happen — why does AT&T care about content moderation — but it is something to watch?

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Attorney General William Barr on Encryption Policy

Yesterday, Attorney General William Barr gave a major speech on encryption policy — what is commonly known as “going dark.” Speaking at Fordham University in New York, he admitted that adding backdoors decreases security but that it is worth it.

Some hold this view dogmatically, claiming that it is technologically impossible to provide lawful access without weakening security against unlawful access. But, in the world of cybersecurity, we do not deal in absolute guarantees but in relative risks. All systems fall short of optimality and have some residual risk of vulnerability a point which the tech community acknowledges when they propose that law enforcement can satisfy its requirements by exploiting vulnerabilities in their products. The real question is whether the residual risk of vulnerability resulting from incorporating a lawful access mechanism is materially greater than those already in the unmodified product. The Department does not believe this can be demonstrated.

Moreover, even if there was, in theory, a slight risk differential, its significance should not be judged solely by the extent to which it falls short of theoretical optimality. Particularly with respect to encryption marketed to consumers, the significance of the risk should be assessed based on its practical effect on consumer cybersecurity, as well as its relation to the net risks that offering the product poses for society. After all, we are not talking about protecting the Nation’s nuclear launch codes. Nor are we necessarily talking about the customized encryption used by large business enterprises to protect their operations. We are talking about consumer products and services such as messaging, smart phones, e-mail, and voice and data applications. If one already has an effective level of security say, by way of illustration, one that protects against 99 percent of foreseeable threats is it reasonable to incur massive further costs to move slightly closer to optimality and attain a 99.5 percent level of protection? A company would not make that expenditure; nor should society. Here, some argue that, to achieve at best a slight incremental improvement in security, it is worth imposing a massive cost on society in the form of degraded safety. This is untenable. If the choice is between a world where we can achieve a 99 percent assurance against cyber threats to consumers, while still providing law enforcement 80 percent of the access it might seek; or a world, on the other hand, where we have boosted our cybersecurity to 99.5 percent but at a cost reducing law enforcements [sic] access to zero percent the choice for society is clear.

I think this is a major change in government position. Previously, the FBI, the Justice Department and so on had claimed that backdoors for law enforcement could be added without any loss of security. They maintained that technologists just need to figure out how: ­an approach we have derisively named “nerd harder.”

With this change, we can finally have a sensible policy conversation. Yes, adding a backdoor increases our collective security because it allows law enforcement to eavesdrop on the bad guys. But adding that backdoor also decreases our collective security because the bad guys can eavesdrop on everyone. This is exactly the policy debate we should be having­not the fake one about whether or not we can have both security and surveillance.

Barr makes the point that this is about “consumer cybersecurity,” and not “nuclear launch codes.” This is true, but ignores the huge amount of national security-related communications between those two poles. The same consumer communications and computing devices are used by our lawmakers, CEOs, legislators, law enforcement officers, nuclear power plant operators, election officials and so on. There’s no longer a difference between consumer tech and government tech — it’s all the same tech.

Barr also says:

Further, the burden is not as onerous as some make it out to be. I served for many years as the general counsel of a large telecommunications concern. During my tenure, we dealt with these issues and lived through the passage and implementation of CALEA the Communications Assistance for Law Enforcement Act. CALEA imposes a statutory duty on telecommunications carriers to maintain the capability to provide lawful access to communications over their facilities. Companies bear the cost of compliance but have some flexibility in how they achieve it, and the system has by and large worked. I therefore reserve a heavy dose of skepticism for those who claim that maintaining a mechanism for lawful access would impose an unreasonable burden on tech firms especially the big ones. It is absurd to think that we would preserve lawful access by mandating that physical telecommunications facilities be accessible to law enforcement for the purpose of obtaining content, while allowing tech providers to block law enforcement from obtaining that very content.

That telecommunications company was GTE­which became Verizon. Barr conveniently ignores that CALEA-enabled phone switches were used to spy on government officials in Greece in 2003 — which seems to have been an NSA operation — and on a variety of people in Italy in 2006. Moreover, in 2012 every CALEA-enabled switch sold to the Defense Department had security vulnerabilities. (I wrote about all this, and more, in 2013.)

The final thing I noticed about the speech is that is it not about iPhones and data at rest. It is about communications: ­data in transit. The “going dark” debate has bounced back and forth between those two aspects for decades. It seems to be bouncing once again.

I hope that Barr’s latest speech signals that we can finally move on from the fake security vs. privacy debate, and to the real security vs. security debate. I know where I stand on that: As computers continue to permeate every aspect of our lives, society, and critical infrastructure, it is much more important to ensure that they are secure from everybody — even at the cost of law-enforcement access — than it is to allow access at the cost of security. Barr is wrong, it kind of is like these systems are protecting nuclear launch codes.

This essay previously appeared on Lawfare.com.

EDITED TO ADD: More news articles.

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Presidential Candidate Andrew Yang Has Quantum Encryption Policy

At least one presidential candidate has a policy about quantum computing and encryption.

It has two basic planks. One: fund quantum-resistant encryption standards. (Note: NIST is already doing this.) Two, fund quantum computing. (Unlike many far more pressing computer security problems, the market seems to be doing this on its own quite nicely.)

Okay, so not the greatest policy — but at least one candidate has a policy. Do any of the other candidates have anything else in this area?

Yang has also talked about blockchain: “

“I believe that blockchain needs to be a big part of our future,” Yang told a crowded room at the Consensus conference in New York, where he gave a keynote address Wednesday. “If I’m in the White House, oh boy are we going to have some fun in terms of the crypto currency community.”

Okay, so that’s not so great, either. But again, I don’t think anyone else talks about this.

Note: this is not an invitation to talk more general politics. Not even an invitation to explain how good or bad Andrew Yang’s chances are. Or anyone else’s. Please.

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Google Releases Basic Homomorphic Encryption Tool

Google has released an open-source cryptographic tool: Private Join and Compute. From a Wired article:

Private Join and Compute uses a 1970s methodology known as “commutative encryption” to allow data in the data sets to be encrypted with multiple keys, without it mattering which order the keys are used in. This is helpful for multiparty computation, where you need to apply and later peel away multiple layers of encryption without affecting the computations performed on the encrypted data. Crucially, Private Join and Compute also uses methods first developed in the ’90s that enable a system to combine two encrypted data sets, determine what they have in common, and then perform mathematical computations directly on this encrypted, unreadable data through a technique called homomorphic encryption.

True homomorphic encryption isn’t possible, and my guess is that it will never be feasible for most applications. But limited application tricks like this have been around for decades, and sometimes they’re useful.

Boing Boing article.

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Yubico Security Keys with a Crypto Flaw

Wow, is this an embarrassing bug:

Yubico is recalling a line of security keys used by the U.S. government due to a firmware flaw. The company issued a security advisory today that warned of an issue in YubiKey FIPS Series devices with firmware versions 4.4.2 and 4.4.4 that reduced the randomness of the cryptographic keys it generates. The security keys are used by thousands of federal employees on a daily basis, letting them securely log-on to their devices by issuing one-time passwords.

The problem in question occurs after the security key powers up. According to Yubico, a bug keeps “some predictable content” inside the device’s data buffer that could impact the randomness of the keys generated. Security keys with ECDSA signatures are in particular danger. A total of 80 of the 256 bits generated by the key remain static, meaning an attacker who gains access to several signatures could recreate the private key.

Boing Boing post.

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MongoDB Offers Field Level Encryption

MongoDB now has the ability to encrypt data by field:

MongoDB calls the new feature Field Level Encryption. It works kind of like end-to-end encrypted messaging, which scrambles data as it moves across the internet, revealing it only to the sender and the recipient. In such a “client-side” encryption scheme, databases utilizing Field Level Encryption will not only require a system login, but will additionally require specific keys to process and decrypt specific chunks of data locally on a user’s device as needed. That means MongoDB itself and cloud providers won’t be able to access customer data, and a database’s administrators or remote managers don’t need to have access to everything either.

For regular users, not much will be visibly different. If their credentials are stolen and they aren’t using multifactor authentication, an attacker will still be able to access everything the victim could. But the new feature is meant to eliminate single points of failure. With Field Level Encryption in place, a hacker who steals an administrative username and password, or finds a software vulnerability that gives them system access, still won’t be able to use these holes to access readable data.

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Germany Talking about Banning End-to-End Encryption

Der Spiegel is reporting that the German Ministry for Internal Affairs is planning to require all Internet message services to provide plaintext messages on demand, basically outlawing strong end-to-end encryption. Anyone not complying will be blocked, although the article doesn’t say how. (Cory Doctorow has previously explained why this would be impossible.)

The article is in German, and I would appreciate additional information from those who can speak the language.

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