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The US Is Unprepared for Election-Related Hacking in 2018

This survey and report is not surprising:

The survey of nearly forty Republican and Democratic campaign operatives, administered through November and December 2017, revealed that American political campaign staff — primarily working at the state and congressional levels — are not only unprepared for possible cyber attacks, but remain generally unconcerned about the threat. The survey sample was relatively small, but nevertheless the survey provides a first look at how campaign managers and staff are responding to the threat.

The overwhelming majority of those surveyed do not want to devote campaign resources to cybersecurity or to hire personnel to address cybersecurity issues. Even though campaign managers recognize there is a high probability that campaign and personal emails are at risk of being hacked, they are more concerned about fundraising and press coverage than they are about cybersecurity. Less than half of those surveyed said they had taken steps to make their data secure and most were unsure if they wanted to spend any money on this protection.

Security is never something we actually want. Security is something we need in order to avoid what we don’t want. It’s also more abstract, concerned with hypothetical future possibilities. Of course it’s lower on the priorities list than fundraising and press coverage. They’re more tangible, and they’re more immediate.

This is all to the attackers’ advantage.

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COPPA Compliance

Interesting research: “‘Won’t Somebody Think of the Children?’ Examining COPPA Compliance at Scale“:

Abstract: We present a scalable dynamic analysis framework that allows for the automatic evaluation of the privacy behaviors of Android apps. We use our system to analyze mobile apps’ compliance with the Children’s Online Privacy Protection Act (COPPA), one of the few stringent privacy laws in the U.S. Based on our automated analysis of 5,855 of the most popular free children’s apps, we found that a majority are potentially in violation of COPPA, mainly due to their use of third-party SDKs. While many of these SDKs offer configuration options to respect COPPA by disabling tracking and behavioral advertising, our data suggest that a majority of apps either do not make use of these options or incorrectly propagate them across mediation SDKs. Worse, we observed that 19% of children’s apps collect identifiers or other personally identifiable information (PII) via SDKs whose terms of service outright prohibit their use in child-directed apps. Finally, we show that efforts by Google to limit tracking through the use of a resettable advertising ID have had little success: of the 3,454 apps that share the resettable ID with advertisers, 66% transmit other, non-resettable, persistent identifiers as well, negating any intended privacy-preserving properties of the advertising ID.

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Public Hearing on IoT Risks

The US Consumer Product Safety Commission is holding hearings on IoT risks:

The U.S. Consumer Product Safety Commission (CPSC, Commission, or we) will conduct a public hearing to receive information from all interested parties about potential safety issues and hazards associated with internet-connected consumer products. The information received from the public hearing will be used to inform future Commission risk management work. The Commission also requests written comments.

Maybe I should send them my book manuscript.

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On the Security of Walls

Interesting history of the security of walls:

Dún Aonghasa presents early evidence of the same principles of redundant security measures at work in 13th century castles, 17th century star-shaped artillery fortifications, and even “defense in depth” security architecture promoted today by the National Institute of Standards and Technology, the Nuclear Regulatory Commission, and countless other security organizations world-wide.

Security advances throughout the centuries have been mostly technical adjustments in response to evolving weaponry. Fortification — the art and science of protecting a place by imposing a barrier between you and an enemy — is as ancient as humanity. From the standpoint of theory, however, there is very little about modern network or airport security that could not be learned from a 17th century artillery manual. That should trouble us more than it does.

Fortification depends on walls as a demarcation between attacker and defender. The very first priority action listed in the 2017 National Security Strategy states: “We will secure our borders through the construction of a border wall, the use of multilayered defenses and advanced technology, the employment of additional personnel, and other measures.” The National Security Strategy, as well as the executive order just preceding it, are just formal language to describe the recurrent and popular idea of a grand border wall as a central tool of strategic security. There’s been a lot said about the costs of the wall. But, as the American finger hovers over the Hadrian’s Wall 2.0 button, whether or not a wall will actually improve national security depends a lot on how walls work, but moreso, how they fail.

Lots more at the link.

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Can Consumers’ Online Data Be Protected?

Everything online is hackable. This is true for Equifax’s data and the federal Office of Personal Management’s data, which was hacked in 2015. If information is on a computer connected to the Internet, it is vulnerable.

But just because everything is hackable doesn’t mean everything will be hacked. The difference between the two is complex, and filled with defensive technologies, security best practices, consumer awareness, the motivation and skill of the hacker and the desirability of the data. The risks will be different if an attacker is a criminal who just wants credit card details ­ and doesn’t care where he gets them from ­ or the Chinese military looking for specific data from a specific place.

The proper question isn’t whether it’s possible to protect consumer data, but whether a particular site protects our data well enough for the benefits provided by that site. And here, again, there are complications.

In most cases, it’s impossible for consumers to make informed decisions about whether their data is protected. We have no idea what sorts of security measures Google uses to protect our highly intimate Web search data or our personal e-mails. We have no idea what sorts of security measures Facebook uses to protect our posts and conversations.

We have a feeling that these big companies do better than smaller ones. But we’re also surprised when a lone individual publishes personal data hacked from the infidelity site AshleyMadison.com, or when the North Korean government does the same with personal information in Sony’s network.

Think about all the companies collecting personal data about you ­ the websites you visit, your smartphone and its apps, your Internet-connected car — and how little you know about their security practices. Even worse, credit bureaus and data brokers like Equifax collect your personal information without your knowledge or consent.

So while it might be possible for companies to do a better job of protecting our data, you as a consumer are in no position to demand such protection.

Government policy is the missing ingredient. We need standards and a method for enforcement. We need liabilities and the ability to sue companies that poorly secure our data. The biggest reason companies don’t protect our data online is that it’s cheaper not to. Government policy is how we change that.

This essay appeared as half of a point/counterpoint with Priscilla Regan, in a CQ Researcher report titled “Privacy and the Internet.”

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Cabinet of Secret Documents from Australia

This story of leaked Australian government secrets is unlike any other I’ve heard:

It begins at a second-hand shop in Canberra, where ex-government furniture is sold off cheaply.

The deals can be even cheaper when the items in question are two heavy filing cabinets to which no-one can find the keys.

They were purchased for small change and sat unopened for some months until the locks were attacked with a drill.

Inside was the trove of documents now known as The Cabinet Files.

The thousands of pages reveal the inner workings of five separate governments and span nearly a decade.

Nearly all the files are classified, some as “top secret” or “AUSTEO”, which means they are to be seen by Australian eyes only.

Yes, that really happened. The person who bought and opened the file cabinets contacted the Australian Broadcasting Corp, who is now publishing a bunch of it.

There’s lots of interesting (and embarassing) stuff in the documents, although most of it is local politics. I am more interested in the government’s reaction to the incident: they’re pushing for a law making it illegal for the press to publish government secrets it received through unofficial channels.

“The one thing I would point out about the legislation that does concern me particularly is that classified information is an element of the offence,” he said.

“That is to say, if you’ve got a filing cabinet that is full of classified information … that means all the Crown has to prove if they’re prosecuting you is that it is classified ­ nothing else.

“They don’t have to prove that you knew it was classified, so knowledge is beside the point.”

[…]

Many groups have raised concerns, including media organisations who say they unfairly target journalists trying to do their job.

But really anyone could be prosecuted just for possessing classified information, regardless of whether they know about it.

That might include, for instance, if you stumbled across a folder of secret files in a regular skip bin while walking home and handed it over to a journalist.

This illustrates a fundamental misunderstanding of the threat. The Australian Broadcasting Corp gets their funding from the government, and was very restrained in what they published. They waited months before publishing as they coordinated with the Australian government. They allowed the government to secure the files, and then returned them. From the government’s perspective, they were the best possible media outlet to receive this information. If the government makes it illegal for the Australian press to publish this sort of material, the next time it will be sent to the BBC, the Guardian, the New York Times, or Wikileaks. And since people no longer read their news from newspapers sold in stores but on the Internet, the result will be just as many people reading the stories with far fewer redactions.

The proposed law is older than this leak, but the leak is giving it new life. The Australian opposition party is being cagey on whether they will support the law. They don’t want to appear weak on national security, so I’m not optimistic.

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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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