Tag Archives: Google

Mega-cloud

Shhh… US Pressures Forced PayPal to Punish Mega (& MegaChat) for Encrypted Communications & Keeping Our Privacy

This is bizarre (see article below) but a good sign that what Mega offers in encrypted communications is the real deal and the authorities are certainly not impressed, thus the pressures on credit card companies to force Paypal to block out Mega, as they did previously with WikiLeaks.

BUT don’t forget Kim Dotcom’s newly launched end-to-end encrypted voice calling service “MegaChat” comes in both free and paid versions – see my earlier piece on how to register for MegaChat.

Under U.S. Pressure, PayPal Nukes Mega For Encrypting Files

By Andy
on February 27, 2015

After coming under intense pressure PayPal has closed the account of cloud-storage service Mega. According to the company, SOPA proponent Senator Patrick Leahy personally pressured Visa and Mastercard who in turn called on PayPal to terminate the account. Bizarrely, Mega’s encryption is being cited as a key problem.

During September 2014, the Digital Citizens Alliance and Netnames teamed up to publish a brand new report. Titled ‘Behind The Cyberlocker Door: A Report How Shadowy Cyberlockers Use Credit Card Companies to Make Millions,’ it offered insight into the finances of some of the world’s most popular cyberlocker sites.

The report had its issues, however. While many of the sites covered might at best be considered dubious, the inclusion of Mega.co.nz – the most scrutinized file-hosting startup in history – was a real head scratcher. Mega conforms with all relevant laws and responds quickly whenever content owners need something removed. By any standard the company lives up to the requirements of the DMCA.

“We consider the report grossly untrue and highly defamatory of Mega,” Mega CEO Graham Gaylard told TF at the time. But now, just five months on, Mega’s inclusion in the report has come back to bite the company in a big way.

Speaking via email with TorrentFreak this morning, Gaylard highlighted the company’s latest battle, one which has seen the company become unable to process payments from customers. It’s all connected with the NetNames report and has even seen the direct involvement of a U.S. politician.

According to Mega, following the publication of the report last September, SOPA and PIPA proponent Senator Patrick Leahy (Vermont, Chair Senate Judiciary Committee) put Visa and MasterCard under pressure to stop providing payment services to the ‘rogue’ companies listed in the NetNames report.

Following Leahy’s intervention, Visa and MasterCard then pressured PayPal to cease providing payment processing services to MEGA. As a result, Mega is no longer able to process payments.

“It is very disappointing to say the least. PayPal has been under huge pressure,” Gaylard told TF.

The company did not go without a fight, however.

“MEGA provided extensive statistics and other evidence showing that MEGA’s business is legitimate and legally compliant. After discussions that appeared to satisfy PayPal’s queries, MEGA authorised PayPal to share that material with Visa and MasterCard. Eventually PayPal made a non-negotiable decision to immediately terminate services to MEGA,” the company explains.

paypalWhat makes the situation more unusual is that PayPal reportedly apologized to Mega for its withdrawal while acknowledging that company’s business is indeed legitimate.

However, PayPal also advised that Mega’s unique selling point – it’s end-to-end-encryption – was a key concern for the processor.

“MEGA has demonstrated that it is as compliant with its legal obligations as USA cloud storage services operated by Google, Microsoft, Apple, Dropbox, Box, Spideroak etc, but PayPal has advised that MEGA’s ‘unique encryption model’ presents an insurmountable difficulty,” Mega explains.

As of now, Mega is unable to process payments but is working on finding a replacement. In the meantime the company is waiving all storage limits and will not suspend any accounts for non-payment. All accounts have had their subscriptions extended by two months, free of charge.

Mega indicates that it will ride out the storm and will not bow to pressure nor compromise the privacy of its users.

“MEGA supplies cloud storage services to more than 15 million registered customers in more than 200 countries. MEGA will not compromise its end-to-end user controlled encryption model and is proud to not be part of the USA business network that discriminates against legitimate international businesses,” the company concludes.

US-China

Shhh… NSA Demands on Crypto Backdoors Led to US-China Spat on Backdoors & Encryption

Photo (above) credit: US-China Perception Monitor.

GlennGreenward-Tweets

The tweet from Glenn Greenwald above sums up the prevailing stance between the US and China (see video clip below) on backdoors and encryption matters – please see also article below.

It’s not like the NSA has not been warned and China may just be the first of many to come.

The United States Is Angry That China Wants Crypto Backdoors, Too

Written by
Lorenzo Franceschi-Bicchierai
February 27, 2015 // 03:44 PM EST

When the US demands technology companies install backdoors for law enforcement, it’s okay. But when China demands the same, it’s a whole different story.

The Chinese government is about to pass a new counter terrorism law that would require tech companies operating in the country to turn over encryption keys and include specially crafted code in their software and hardware so that chinese authorities can defeat security measures at will.

Technologists and cryptographers have long warned that you can’t design a secure system that will enable law enforcement—and only law enforcement—to bypass the encryption. The nature of a backdoor door is that it is also a vulnerability, and if discovered, hackers or foreign governments might be able to exploit it, too.

Yet, over the past few months, several US government officials, including the FBI director James Comey, outgoing US Attorney General Eric Holder, and NSA Director Mike Rogers, have all suggested that companies such as Apple and Google should give law enforcement agencies special access to their users’ encrypted data—while somehow offering strong encryption for their users at the same time.


“If the US forces tech companies to install backdoors in encryption, then tech companies will have no choice but to go along with China when they demand the same power.”

Their fear is that cops and feds will “go dark,” an FBI term for a potential scenario where encryption makes it impossible to intercept criminals’ communications.

But in light of China’s new proposals, some think the US’ own position is a little ironic.

“You can’t have it both ways,” Trevor Timm, the co-founder and the executive director of the Freedom of the Press Foundation, told Motherboard. “If the US forces tech companies to install backdoors in encryption, then tech companies will have no choice but to go along with China when they demand the same power.”

He’s not the only one to think the US government might end up regretting its stance.


Someday US officials will look back and realize how much global damage they’ve enabled with their silly requests for key escrow.

— Matthew Green (@matthew_d_green) February 27, 2015

Matthew Green, a cryptography professor at Johns Hopkins University, tweeted that someday US officials will “realize how much damage they’ve enabled” with their “silly requests” for backdoors.

Matthew Green, a cryptography professor at Johns Hopkins University, tweeted that someday US officials will “realize how much damage they’ve enabled” with their “silly requests” for backdoors.

Ironically, the US government sent a letter to China expressing concern about its new law. “The Administration is aggressively working to have China walk back from these troubling regulations,” US Trade Representative Michael Froman said in a statement.

A White House spokesperson did not respond to a request for comment from Motherboard.

“It’s stunningly shortsighted for the FBI and NSA not to realize this,” Timm added. “By demanding backdoors, these US government agencies are putting everyone’s cybersecurity at risk.”

In an oft-cited examples of “if you build it, they will come,” hackers exploited a system designed to let police tap phones to spy on more than a hundred Greek cellphones, including that of the prime minister.

At the time, Steven Bellovin, a computer science professor at Columbia University, wrote that this incident shows how “built-in wiretap facilities and the like are really dangerous, and are easily abused.”

That hasn’t stopped other from asking though. Several countries, including India, Kuwait and UAE, requested BlackBerry to include a backdoor in its devices so that authorities could access encrypted communications. And a leaked document in 2013 revealed that BlackBerry’s lawful interception system in India was “ready for use.”

NSA-Rogers

Shhh… NSA Want Framework to Access Encrypted Communications

NSA Director Admiral Michael Rogers said at a cyber security conference in Washington DC Monday this week that the government needs to develop a “framework” so that the NSA and law enforcement agencies could read encrypted data when they need and he was immediately challenged by top security experts from the tech industry, most notably Yahoo’s chief information security officer Alex Stamos (see transcript).

LenovoThinkPad2

Shhh… Pre-installed Superfish Malware Leaves Lenovo Computers Vulnerable to Man-in-the-Middle Attacks

I’m a self-confessed hardcore fan of the good old IBM Thinkpad laptops but I’ve shied away from the black box ever since the Lenovo acquisition in 2005. And this (see video clips below) is one of those reasons. My tilt these days is towards those laptops with no parts made in China

TimCook-Obama-CybersecuritySummit

Obama’s Still On the Wrong Frequency On Cybersecurity Issues

This is probably the most telling moment of how US President Barack Obama is still on the wrong frequency on cyber matters…

Obama blamed the “impact on their [the tech companies] bottom lines” for the mistrust between the government and Silicon Valley in the aftermath of the Snowden revelations. These were his words, straight from the POTUSA mouth rather than reading from the scripts, in an exclusive interview with Re/code’s Kara Swisher (see video below) following the well publicized cybersecurity summit at Stanford University last Friday, when he signed an executive order to encourage the private sector to share cybersecurity threat information with other companies and the US government.

Contrast that with the high-profile speech by Apple CEO Tim Cook (see video below), who warned about “life and death” and “dire consequences” in sacrificing the right to privacy as technology companies had a duty to protect their customers.

His speech was delivered before Obama’s address to the summit – which the White House organized to foster better cooperation and the sharing of private information with Silicon Valley – best remembered for the absence of leaders from tech giants like Google, Yahoo and Facebook who gave Obama the snub amid growing tensions between Silicon Valley and the Obama administration. Heavyweights whom Obama counted as “my friends” in the Re/code interview (watch closely his expression at the 39th second of the clip above).

Memex

Shhh… New Search Engine Memex to Reach the Other 95% of the Web (And Dark Web) that Google Missed

Popular search engines like Google, Yahoo and Bing can only access 5 percent of all the contents in the internet space. So that’s one good reason to be excited about the new breed search engine Memex, now at beta stage, developed by the US military’s Defense Advanced Research Projects Agency (DARPA) which is capable of ploughing through the entire web space including the Dark Web, that part (much of the other 95 percent) of the cyber ecosystem where criminals operate in the shadows to buy, sell and advertise their illegal trades such as weapons and sex trafficking.

Find out more about MEMEX from this exclusive 60 Minutes clip:

And more about the Dark Web:

SamsungSmartTV

Shhh… Spy Alert: Your Smart TV Watches You – Just Like Your Computer

This is really nothing new but I’m posting it because similar “news” resurfaced again the past week.

Let’s not forget smart TV are essentially becoming more like computers. And yes, they can watch you and your loved ones discreetly without your knowledge.

If you’ve already bought one, the easy solution is to cover the webcam with a duct tape unless you need to use it.

SourceCode3

Shhh… US in Long Battle As China Request Source Code From Western Technology Companies

This spat on intrusive rules is going to be a huge long battle.

The US is voicing opposition to Chinese rules that foreign vendors hand over the source code if they were to supply computer equipments to Chinese banks – which could expand to other sectors as the matter is “part of a wider review”.

Other measures to comply with include the setting up of research and development centers in China and building “ports” for Chinese officials to manage and monitor the data processed by their hardware.

Submitting to these “intrusive rules” for a slice of the huge Chinese markets also means alienating the rest of the world – as complying with these rules means creating backdoors, adopting Chinese encryption algorithms and disclosing sensitive intellectual property.

Find out more from this video:

Obama-XiJinping4

US-China Spat on Intrusive Rules – And Actual Intrusions

Speaking of “intrusive rules” (see BBC report far below) and “actual intrusions” in China, the latter I have expanded recently in two articles – one on Apple yesterday and the other on VPN blocks last week – and merged in this new column I’m also pasting right below.

The long and short of it, it’s espionage made easy. Period.


Apple Lets Down Its Asia Users

Written by Vanson Soo
MON,02 FEBRUARY 2015

Knuckling under to China on security inspections

If you are a die-hard fan of Apple products and if you, your company or business have anything to do with mainland China, recent developments involving the US tech giant can be construed as bad news, with deeper implications than what was generally thought and reported.

First, about Apple.

I have always liked the beauty and elegance of Apple products. I have owned two Mac laptops and an iPhone but I have shunned them as anyone deeply conscious and concerned about privacy and security should do. Edward Snowden, for example, who laid bare extensive snooping by the US National Security Agency, recently said he had never used the iPhone given the existence of secret surveillance spyware hidden in the devices.

Consider the latest news that Apple Inc. has caved in to Chinese demands for security inspections of its China-made devices including iPhones, iPads and Mac computers. The move understandably makes business sense to Apple [and its shareholders] as China is just too huge a market to ignore – so the Cupertino-based company [whose market capitalization hit US$683 billion last week, more than double Microsoft’s US$338 billion] realized it simply couldn’t ignore Beijing’s “concerns” about national security arising from the iPhone’s ability to zero in onto a user’s location.

Now pause right there. No, there’s no typo above. And yes, the Android and Blackberry smartphones can also mark a user’s location. So what’s the catch? Figure that out – it’s not difficult.

What Apple found they can ignore is the privacy and security of its die-hard users – after all, it has been well documented that Apple users were [and probably still are] known for their cult-like loyalty to the brand. Look no further for evidence than last summer when Apple announced its plan to host some of its data from its China-based users on servers based inside the country and claimed the company was not concerned about any security risks from using servers hosted by China Telecom, one of the three state-owned Chinese carriers.

The company has also denied working with any government agencies to create back doors into its products or servers… So surrendering to security audits wouldn’t?

If only Apple users managed to chuck away their cult mentality and come to their senses about their privacy and security risks, the firm would realize the Google approach, though still not perfect, is a better way of cultivating brand loyalty.

And in case you’re wondering, I use Linux most of the time – and shun the most popular Linux distributions to be on the safe side.a

Now next. And this is bad news with far-reaching global implications – and it’s affecting not just only those based in China.

News surfaced in late January that some foreign-based virtual private network (VPN) vendors found their services in China had been disrupted following a government crackdown – which the authorities labeled as an “upgrade” of its Internet censorship – to block the use of VPNs as a way to escape the so-called Great Firewall.

The real impact is not merely on domestic residents who were cut off from YouTube, BBC/CNN news and other information sources but resident expatriates, multinationals, foreign embassies and those traveling to China, especially businessmen and executives. Think: Chinese espionage now made easy!

Many China-based internet users use VPNs to access external news sources but this is also bad news for companies and government offices based in China as well as anyone visiting the Chinese mainland – as many businessmen and executives use VPNs, as part of their company (and security) practice, on their business trips. Many foreigners and businesses residing in China also use VPNs for their day-to-day communications.

The VPNs provide an encrypted pipe between a computer or smartphone and an overseas server such that any communications would be channeled through it, which effectively shields internet traffic from government filters that have set criteria on what sites can be accessed.

And as China is fast moving beyond the “factories of the world” tag to become a global economic powerhouse and important trading partner to many developed and developing countries, this is one development to keep a close watch on.

Obama-XiJinping5

29 January 2015 Last updated at 14:35

US tech firms ask China to postpone ‘intrusive’ rules

By Kevin Rawlinson BBC News

US business groups are seeking “urgent discussions” over new Chinese rules requiring foreign firms to hand over source code and other measures.

The groups wrote to senior government officials after the introduction of the cybersecurity regulations at the end of last year.

The US Chamber of Commerce and other groups called the rules “intrusive”.

The regulations initially apply to firms selling products to Chinese banks but are part of a wider review.

“An overly broad, opaque, discriminatory approach to cybersecurity policy that restricts global internet and ICT products and services would ultimately isolate Chinese ICT firms from the global marketplace and weaken cybersecurity, thereby harming China’s economic growth and development and restricting customer choice,” the letter read.

The groups said that the rules would force technology sellers to create backdoors for the Chinese government, adopt Chinese encryption algorithms and disclose sensitive intellectual property.

Firms planning to sell computer equipment to Chinese banks would also have to set up research and development centres in the country, get permits for workers servicing technology equipment and build “ports” which enable Chinese officials to manage and monitor data processed by their hardware, Reuters reported.

Source code is the usually tightly guarded series of commands that create programs. For most computing and networking equipment, it would have to be turned over to officials, according to the new regulations.

Tension

In the letter, a copy of which has been seen by the BBC, the groups have asked the Chinese government to delay implementation of the regulations and “grant an opportunity for discussion and dialogue for interested stakeholders with agencies responsible for the initiatives”.

They added: “The domestic purchasing and related requirements proposed recently for China’s banking sector… would unnecessarily restrict the ability of Chinese entities to source the most reliable and secure technologies, which are developed in the global supply chain,” the letter, which was dated 28 January, read.

The letter from the American groups, including the US Chamber of Commerce, AmCham China and 16 others, was addressed to the Central Leading Small Group for Cyberspace Affairs, which is led personally by Chinese President Xi Jinping.

It comes at a time of heightened tension between the USA and China over cybersecurity. In May last year, Beijing denounced US charges against Chinese army officers accused of economic cyber-espionage.

Pressure

It was also alleged that the US National Security Agency spied on Chinese firm Huawei, while the US Senate claimed that the Chinese government broke into the computers of airlines and military contractors.

American tech firms, such as Cisco and Microsoft, are facing increased pressure from Chinese authorities to accept rigorous security checks before their products can be purchased by China’s sprawling, state-run financial institutions.

Beijing has considered its reliance on foreign technology a national security weakness, particularly following former National Security Agency contractor Edward Snowden’s revelations that US spy agencies planted code in American-made software to snoop on overseas targets.

The cyber-space policy group approved a 22-page document in late 2014 that contained the heightened procurement rules for tech vendors, the New York Times reported on Thursday.

Apple-Shanghai3

From Apple With Love – Granting Chinese Security Audits Leaves More Deep & Profound Implications Than Betrayal of Apple Die-Hards

I always like the beauty and elegance of Apple products (I had 2 Mac laptops and 1 iPhone) but I have to admit I have already shunned them as anyone deeply conscious and concerned about privacy and security should do – Snowden, for example, recently said he never used the iPhone given the existence of secret surveillance spyware in the devices.

Consider the latest news that Apple Inc. has caved in to Chinese demands for security inspections of its China-made devices like the iPhones, iPads and Mac computers. The move understandably makes business sense to Apple (and its shareholders) as China is just too huge a market to ignore – so the Cupertino-based company (whose market capitalization hit $683 billion last week, more than double Microsoft’s $338 billion) realized it simply can’t ignore Beijing’s “concerns” about national security arising from the iPhone’s ability to zero in onto a user’s location.

Now pause right there. No, there’s no typo above. And yes, the Android and Blackberry smartphones can also mark a user’s location. So what’s the catch? Figure that out – it’s not difficult.

And what Apple found they can ignore is the privacy and security of its die-hard users – after all, it has been well-documented Apple users were (and probably still are) well known for their “cult” like loyalty to the brand. Look no further for evidence than last summer when Apple announced its plan to host some of its data from its China-based users on servers based inside the country and claimed the company was not concerned about any security risks from using servers hosted by China Telecom, one of the three state-owned Chinese carriers. The company has also denied working with any government agencies to create back doors into its products or servers… (So surrendering to security audits wouldn’t?)

If only Apple users somewhat managed to chuck away their cult mentality and come to their senses (about their privacy and security risks), the US tech giant would realize the Google approach (though still not the perfect example) is a better way to cultivating brand loyalty (see article below).

And in case you’re wondering, I use laptops with no parts made in China along with Linux most of the time – and shun the most popular Linux distributions to be on the safe side.


Apple’s New Security Concessions to Beijing

By Doug Young | January 27, 2015, 10:13 AM

Apple is deepening its uneasy embrace of Beijing security officials, with word that it has agreed to allow security audits for products that it sells in China. This latest development comes less than a year after Apple took the unusual step of moving some of the user information it collects to China-based servers, which was also aimed at placating security-conscious regulators in Beijing.

Apple’s increasingly close cooperation with Beijing contrasts sharply with Google, whose popular Internet products and services are increasingly being locked out of China as it refuses to play by Beijing’s rules. Other global tech giants are also having to deal with the delicate situation, each taking a slightly different approach to try to protect user privacy while complying with Beijing’s insistence that they make their information available to security-conscious government regulators.

As a relatively neutral observer, I can sympathize with both the Apples and Googles of the world. Companies like Apple have decided that China is simply too large for them to ignore, and thus are taking steps to address Beijing’s security concerns as a condition for access to the huge market. Microsoft has also taken a similar tack, and Facebook is showing it will also be willing to play by such rules with its recent repeated lobbying for a chance to set up a China-based service.

Google has taken a more defiant stance by refusing to compromise user privacy and free speech, with the result that a growing number of its products and services are now blocked in China. The company shuttered its China-based search website in 2010 over a dispute with Beijing on self censorship. Last year many of its global sites and even its Gmail email service also became increasingly difficult to access for users in China.

Apple isn’t being nearly so defiant, and the latest headlines say it has agreed to the audits of its products by the State Internet Information Office. The reports say Apple agreed to the audits when CEO Tim Cook met with State Internet Information Office official Lu Wei during a December trip to the U.S. I previously wrote about Lu’s trip after photos appeared on an official Chinese government website showing him visiting the offices of Facebook, Apple, and also Amazon.

Lu reportedly told Cook that China needs to be sure that Apple’s popular iPhones, iPads, and other products protect user privacy and also don’t compromise national security. Unlike other PC and cellphone makers that simply sell their devices to consumers, Apple actively keeps records of its product users and some of their usage habits and other related information on remote computers.

This latest move looks like an extension of another one last summer, which saw Apple agree to host some of the data from its China-based users on servers based inside the country. That move also looked aimed at calming national security worries from Beijing, since storing such information on China-based computers would make it more accessible to investigators conducting security-related probes.

In an interesting twist to the story, this latest report comes from a state-owned newspaper in Beijing, making it a sort of semi-official disclosure of China’s approach to the matter. That would follow the government’s own announcement of Lu Wei’s December trip, and perhaps shows that Beijing wants to be more open about steps it’s taking to address national security threats like terrorism. That kind of more open attitude could help both domestic and foreign companies to better navigate China’s tricky cyber realm, though it won’t be of much help to defiant companies like Google that are more intent on protecting free speech and user privacy.

Cryptoquip

Shhh… Why (Obama & Cameron) the NSA is Breaking Our Encryption and Why We Should Care

Here’s one nice TEDTalk on why encryption is important for everyone and why breaking or weakening it – British Prime Minister David Cameron and US President Barack Obama are now pushing for a ban on encryption – is not a good idea. To put it bluntly and briefly, it is shooting our own foot.

VPN-China0

Shhh… China’s Block to VPN Services Has Global Impacts

This is bad news with far-reaching global implications – and it’s affecting not just only those based in China.

News has surfaced over the weekend that some foreign-based virtual private network (VPN) vendors found their services in China had been disrupted following a government crackdown – which the authorities labeled as an “upgrade” of its Internet censorship – to block the use of VPNs as a way to escape the so-called Great Firewall.

Many China-based internet users use VPNs to access external news sources but this is also bad news for companies and government offices based in China as well as anyone visiting the Chinese mainland – as many businessmen and executives use VPNs, as part of their company (and security) practice, on their business trips. Many foreigners and businesses residing in China also use VPNs for their day-to-day communications.

The VPNs provide an encrypted pipe between a computer or smartphone and an overseas server such that any communications would be channeled through the designated pipe, which effectively shield internet traffic from government filters that have set criteria on what sites can be accessed.

Find out more about this news below – And as China is fast moving beyond the “factories of the world” tag to become a global economic powerhouse and important trading partner to many developed and developing countries, this is one development to keep a close watch on.

VPN-China
VPN-China2
VPN-China3
VPN-China4

FacialRecog-FBI2

Shhh… Facial Recognition & Risks: FBI to Photograph All Americans

FacialRecog-FBI3

Following up on an earlier post on the same topic:

iCloud

Shhh… Facial Recognition & Risks: Encoding Your Photos with Photoscrambler

Continuing on my blog post yesterday – shouldn’t one feel guilty about posting photos of their loved ones online without knowing or truly understanding the underlying risks?

Well instead of covering the face(s), how about encoding your photos with personal secret code so that only you and those selected parties can see them? That’s what this software PhotoScrambler is about.

FacialRecogn

Shhh… Facial Recognition & Risks: How Much Is Your Face Worth?

If you’re still coining your new year resolutions… how about never to post (and tag) any photos of yourself and loved ones online?

Yes, it’s a social norm these days – just look at the Facebook sphere – but I can’t explain the risks better than this excellent presentation (below) from the Make Use Of blog about facial recognition technology and the risks of posting our photos online.

Food for thoughts?

FacialRecog-1
FacialRecog-2
FacialRecog-3
FacialRecog-4
FacialRecog-5
FacialRecog-6
FacialRecog-7
FacialRecog-8

iPhone-Encryption

Shhh… DOJ Uses 18th Century Law to Make Apple Unlock Encrypted iPhones

It’s time to raise the antenna again on smartphone encryption matters.

Law enforcement agencies, particularly the FBI, have been desperately pressurizing the Congress to force Apple and Google to do away with their new default smartphone encryption. And authorities are apparently giving in.

According to an exclusive report by Ars Technica (below) earlier this week, court documents from 2 federal criminal cases in New York and California show the US Department of Justice on October 31 this year went as far as exercising a 18th century law – the All Writs Act – to compel Apple and at least one other company to cooperate with law enforcement officials in investigations dealing with locked and encrypted smartphones.

The 225-year-old law gives the courts the right to issue whatever writs or orders in order to compel someone to do something.

To the extent that Apple has recently beefed up encryption in its latest iOS 8, the fact that the DOJ would go to such absurd lengths might set worrying precedence – recall a recent ludicrous DOJ assertion that the new encryption standards would kill a child.

A more disturbing question: What would you do if you were FBI director James Comey making his rounds to denounce smartphone encryption?

Make the DOJ use the All Writs Act to force manufacturers to install convenient backdoors. Why not?

—————————————-

Feds want Apple’s help to defeat encrypted phones, new legal case shows

Prosecutors invoke 18th-century All Writs Act to get around thorny problem.
by Cyrus Farivar – Dec 1 2014, 10:00pm CST

OAKLAND, CA—Newly discovered court documents from two federal criminal cases in New York and California that remain otherwise sealed suggest that the Department of Justice (DOJ) is pursuing an unusual legal strategy to compel cellphone makers to assist investigations.

In both cases, the seized phones—one of which is an iPhone 5S—are encrypted and cannot be cracked by federal authorities. Prosecutors have now invoked the All Writs Act, an 18th-century federal law that simply allows courts to issue a writ, or order, which compels a person or company to do something.

Some legal experts are concerned that these rarely made public examples of the lengths the government is willing to go in defeating encrypted phones raise new questions as to how far the government can compel a private company to aid a criminal investigation.

Two federal judges agree that the phone manufacturer in each case—one of which remains sealed, one of which is definitively Apple—should provide aid to the government.

Ars is publishing the documents in the California case for the first time in which a federal judge in Oakland specifically notes that “Apple is not required to attempt to decrypt, or otherwise enable law enforcement’s attempts to access any encrypted data.”

The two orders were both handed down on October 31, 2014, about six weeks after Apple announced that it would be expanding encryption under iOS 8, which aims to render such a data handover to law enforcement useless. Last month, The Wall Street Journal reported that DOJ officials told Apple that it was “marketing to criminals” and that “a child will die” because of Apple’s security design choices.

Apple did not immediately respond to Ars’ request for comment.

Meet the “All Writs Act”

Alex Abdo, an attorney with the American Civil Liberties Union, wondered if the government could invoke the All Writs Act to “compel Master Lock to come to your house and break [a physical lock] open.”

“That’s kind of like the question of could the government compel your laptop maker to unlock your disk encryption?” he said. “And I think those are very complicated questions, and if so, then that’s complicated constitutional questions whether the government can conscript them to be their agents. Then there’s one further question: can the government use the All Writs Act to compel the installation of backdoors?”

But, if Apple really can’t decrypt the phone as it claims, the point is moot.

“Then that’s pretty much the end of it,” Hanni Fakhoury, a staff attorney at the Electronic Frontier Foundation, told Ars. “The writ doesn’t require Apple to do something that is impossible for it to do.”

Andrew Crocker, a legal fellow also at the Electronic Frontier Foundation, pointed out on Twitter on Tuesday that back in 2005, a different New York magistrate refused to accept the government’s invocation of the All Writs Act to obtain real-time cell site data.

As Magistrate Judge James Orenstein wrote at the time:

Thus, as far as I can tell, the government proposes that I use the All Writs Act in an entirely unprecedented way. To appreciate just how unprecedented the argument is, it is necessary to recognize that the government need only run this Hail Mary play if its arguments under the electronic surveillance and disclosure statutes fail.

The government thus asks me to read into the All Writs Act an empowerment of the judiciary to grant the executive branch authority to use investigative techniques either explicitly denied it by the legislative branch, or at a minimum omitted from a far-reaching and detailed statutory scheme that has received the legislature’s intensive and repeated consideration. Such a broad reading of the statute invites an exercise of judicial activism that is breathtaking in its scope and fundamentally inconsistent with my understanding of the extent of my authority.

“Any capabilities [Apple] may have to unlock the iPhone”

One of the new phone search cases was filed in federal court in Oakland, just across the bay from San Francisco, while another was filed in federal court in Manhattan.

In the Oakland case, prosecutors asked a federal judge in to “assist in the execution of a federal search warrant by facilitating the un-locking of an iPhone.”

Ars went in person to the Oakland courthouse on Wednesday to obtain the documents and is publishing both the government’s application and the judge’s order for the first time here. The All Writs Act application and order are not available via PACER, the online database for federal court records.

“This Court has the authority to order Apple, Inc., to use any capabilities it may have to unlock the iPhone,” Garth Hire, an assistant US attorney, wrote to the court and cited the All Writs Act.

“The government is aware, and can represent, that in other cases, courts have ordered the unlocking of an iPhone under this authority,” he wrote. “Additionally, Apple has routinely complied with such orders.”

“This court should issue the order because doing so would enable agents to comply with this Court’s warrant commanding that the iPhone be examined for evidence identified by the warrant,” he continued. “Examination of the iPhone without Apple’s assistance, if it is possible at all, would require significant resources and may harm the iPhone. Moreover, the order is not likely to place any unreasonable burden on Apple.”

In response, Magistrate Judge Kandis Westmore ordered that Apple “provide reasonable technical assistance to enable law enforcement agents to obtain access to unencrypted data.” She did not specifically mention the All Writs Act.

But she added:


It is further ordered that, to the extent that data on the iOS device is encrypted, Apple may provide a copy of the encrypted data to law enforcement but Apple is not required to attempt to decrypt, or otherwise enable law enforcement’s attempts to access any encrypted data.

Westmore’s language is a near-duplicate of a June 6, 2014 order issued by a different judge from the Northern California district, San Jose division, which is about 40 miles south of Oakland. There, Magistrate Judge Howard Lloyd ordered Apple to assist in the search of an iPad Mini, months before the release of iOS 8.

New spying tools afoot

On Tuesday, The Wall Street Journal reported on an order issued by a federal magistrate in New York in a case involving alleged credit card fraud.

In that Manhattan case, Magistrate Judge Gabriel Gorenstein granted the government’s proposed order on the same day as Westmore (October 31, 2014), also citing the All Writs Act, which compels the unnamed phone manufacturer to provide “reasonable technical assistance” in unlocking the device.

The mystery company could challenge the judge’s order, according to Brian Owsley, a former federal magistrate judge who now is a law professor at Indiana Tech.

“Unfortunately, we will probably not know because the issue will likely be sealed even though there should be more transparency in these issues,” he told Ars by e-mail, noting that during his tenure on the bench he could not remember a time when the government invoked the All Writs Act.

“It is only through greater transparency will we start to get the answers. If the provider simply complies we will know nothing. Here, Judge Gorenstein’s approach strikes me as very even-handed, but the inherent problem is that those who are concerned about privacy issues in general simply have to hope that the provider will speak up for us.”

But Orin Kerr, a law professor at George Washington University and a former federal prosecutor, does not believe that the seized phone in the New York case was an iOS 8 device.

“The government obtained a warrant on October 10 for a phone already in its possession,” he told Ars by e-mail. “Apple’s announcement was something like September 18. If it was an iPhone, it was probably an iPhone running [on] an earlier operating system.”

Still, Alex Abdo, the ACLU attorney, after reading a copy of the Oakland documents, concluded that the “government’s application raises troubling questions about the extent to which it can force companies to break the products they sell.”

“We are heartened, however, that the court recognized that possibility and stopped short of ordering Apple to come up with a way to decrypt its customers’ data,” he added.

“More broadly, it is disconcerting that the government is relying on a catch-all law to seek surveillance powers that it should be seeking from Congress and the public,” said Abdo. “If the government wants new spying tools, it should allow our democratic process to debate them openly first.”

UPDATE 1:50pm CT: Jonathan Mayer, a lecturer at Stanford Law, said that use of the All Writs Act is not as novel as it may seem. (He recommended his recent lecture on the subject!)

“The TL;DR is that there is nothing new about using the All Writs Act to compel assistance,” Mayer told Ars by e-mail. “And there is also nothing new about using it to compel assistance with unlocking a phone. That repeated language you saw? It’s provided by Apple itself!”

“As for the opinion discounting the All Writs Act, that had to do with surveillance under the Electronic Communications Privacy Act. Where ECPA applies, the All Writs Act doesn’t. (It’s just a default, as the court rightly noted.) Phone unlocking isn’t covered by ECPA, so the All Writs Act remains in play.”

Blackberry-Encryption

Shhh… Former NSA Attorney: Encryption Behind Blackberry’s Demise & Warning to Apple and Google

The authorities hate smartphone encryption and it shows. And they’re in concerted efforts to wage a war against it.

In echoing the recent messages from FBI director James Comey and GCHQ chief Robert Hannigan, former NSA general counsel Stewart Baker told the Web Summit audience in Dublin earlier this week that the moves by Google and Apple and others to encrypt user data was more hostile to western intelligence gathering than to surveillance by China or Russia.

In a conversation with Guardian special projects editor James Ball, Baker used Blackberry as an example:

Encrypting user data had been a bad business model for Blackberry, which has had to dramatically downsize its business and refocus on business customers. “Blackberry pioneered the same business model that Google and Apple are doing now – that has not ended well for Blackberry,” said Baker.

He claimed that by encrypting user data Blackberry had limited its business in countries that demand oversight of communication data, such as India and the UAE and got a bad reception in China and Russia. “They restricted their own ability to sell. We have a tendency to think that once the cyberwar is won in the US that that is the end of it – but that is the easiest war to swim.”

Baker said the market for absolute encryption was very small, and that few companies wanted all their employees’ data to be completely protected. “There’s a very comfortable techno-libertarian culture where you think you’re doing the right thing,” said Baker.

“But I’ve worked with these companies and as soon as they get a law enforcement request no matter how liberal or enlightened they think they are, sooner to later they find some crime that is so loathsome they will do anything to find that person and identify them so they can be punished.

This latest anti-encryption blabbing drew quick defense from Blackberry COO Marty Beard, who found Baker’s remarks “don’t make any sense”.

“Security is a topic that’s increasing in importance,” Beard told the audience at FedScoop’s FedTalks event Thursday. “It’s the reason that all G7 countries and the G20 work with BlackBerry.

“We just see it growing in importance. The increasing cybersecurity threats are exploding, security across all [technology] layers is critical.”

Right2Bforgotten

Shhh… The BBC “Forgotten” List (& Forgotten Company Directors?)

The BBC plans to publish a regularly updated list of articles removed from the search engine Google following the controversial “right to be forgotten rule”.

Google has so far received some 153,000 requests which have involved about half a million different link and 40 percent of these links have been removed. However, according to associate professor David Glance, director of the Center for Software Practice at the University of Western Australia:

… there is a great deal of concern about the sorts of things that are being removed. So, for example, information about former company directors have been removed. So various people are now asking for that type of information to be restored because it’s part of the public record and important information when you are considering the effectiveness or the background of a company or the directors.”

Google-JapanDoraemon

Shhh… Japan’s “Forget” Ruling on Google

The Tokyo District Court ordered Google Japan last Thursday to follow Europe’s recent “right to be forgotten” ruling and remove the search results of a Japanese man’s past relations with a criminal organization following his complaint of violation into his privacy.

According to the judge preceding the case, some of the Google results “infringe personal rights” and had harmed the plaintiff.

The European Court of Justice ruled in May that anyone living in the European Union and Europeans living outside the region could ask search engines to remove links if they believed the online contents breached their right to privacy and are “inadequate, irrelevant or no longer relevant, or excessive in relation to the purposes for which they were processed.”

But despite the uproar and headlines in the aftermath, the dirty little secret is that nothing has really changed. What Google has effectively done is to remove results from name search of those names approved to be deleted but only on its European websites. The same results remain on the Google US homepage and all its non-European sites.

Furthermore, Google is only removing the results but not the links. Its European sites may have deleted the results for a search on a specific name but a search for the same name accompanied by other key words may still churn out the same results.

In an earlier Shhh-cretly column, I explained with examples why there is a limit on the extent of privacy and any attempt to manually and selectively remove the Google search contents, successful or otherwise, is like playing God.

TimBerners-Lee

Shhh… Tim Berners-Lee on the Web & Privacy

Tim Berners-Lee, the inventor of the web 25 years ago and director of the World Wide Web Consortium, spoke at the Web We Want Festival last Saturday whereby he, according to The Guardian, also called on Saturday for a bill of rights that would guarantee the independence of the internet and ensure users’ privacy.

“If a company can control your access to the internet, if they can control which websites they go to, then they have tremendous control over your life,” the British computer scientist said. “If a government can block you going to, for example, the opposition’s political pages, then they can give you a blinkered view of reality to keep themselves in power.

“Suddenly the power to abuse the open internet has become so tempting both for government and big companies.”

Below is Tim Berners-Lee at a TED Talk earlier this year.

internet-undersea-cable

Shhh… NSA Ready for Google’s “Faster” Trans-Pacific Undersea Internet Cable

You can imagine the NSA getting impatient over free lunches following the announcement last month about Google’s proposed underseas fiber optic cable that will span the Pacific Ocean from the US west coast to Japan starting mid-2016.

The new cable dubbed “Faster” to transmit 60 terabits per second will be “easy to tap for sure”, according to a former NSA official quoted in a report by online news portal VentureBeat.

Google will cough out US$300 million to join hands with several parties – including China Mobile International, China Telecom Global, Global Transit, KDDI and SingTel – for the project which “could have big implications for Google on the public-cloud front and also for mobile needs”.

The involvement of some of these Google’s partners in this undertaking would blow the socks off many in the intelligence communities.

Intelligence agencies tapping into undersea cables have been well documented. The NSA’s British counterparts GCHQ, for example, have “Tempora” that could collect up to 21 million gigabytes of data every 24 hours as previously revealed by Edward Snowden, according to VentureBeat.

Apart from tapping communications, undersea cables are also left vulnerable exactly where they are.

scubaDivers-CutCables

Media reports had it that the Egyptian Armed Forces have arrested 3 scuba divers who tried to cut and sabotage an undersea internet cable in the Mediterranean.

Meanwhile lawyers representing the US government are in court hearings at the 2nd US Circuit Court of Appeals in Manhattan this week to defend the government’s bulk collection of telephone records from millions of Americans. Please stay tune.

ChinaOS

Shhh… (Another) New Chinese OS by October

A new homegrown Chinese operating system aimed to sweep aside foreign rivals like Microsoft, Google and Apple could be expected this coming October, according to a Xinhua news report Sunday.

The new OS would first target desktops with smartphones and other mobile devices to follow, according to Ni Guangnan who heads the development launched in March.

Now, it’s not that China has not attempted to create its very own OS. There was a Chinese Linux OS launched some years ago for mobile devices, dubbed the China Operating System (COS). It was developed as a joint effort by a company ‘Shanghai Liantong’, ISCAS (Institute of Software at the Chinese Academy of Sciences) and the Chinese Government. But it failed to take off and was later discontinued.

But the Chinese determination to have its very own system has risen a few bars recently, not least further sparked by the Snowden revelations that the American NSA planted “backdoor” surveillance tools on US-made hardware. Similarly the US have long been suspicious of China-made devices – Hmmm, is it still possible to get laptops with NO parts made in China? Check out my earlier column here if you are keen.

More recently, after the US made poster-boys of 5 Chinese military officers they accused of cyber-espionage in May, China swiftly banned government use of Windows 8. Just last month, it was also reported that as many as 10 Apple products were pulled out of a government procurement list as the spate of mistrusts continued.

China also lamented early last year that Google had too much control over its smartphone industry via its Android mobile operating system and has discriminated against some local firms.

Any bets on a fake Chinese OS any time soon – and sooner than October?

Shhh… What’s this Google’s “Project Zero”?

Several reports have surfaced the last 24 hours about Google’s “Project Zero”, essentially the online search giant’s very own in-house super-geeks team of security researchers and hackers now devoted to finding security flaws in non-Google, third-party software “across the internet”, especially zero-day flaws (newly discovered bugs) – also known as “zero-day” vulnerabilities, those hackable bugs that are exploited by criminals, state-sponsored hackers and intelligence agencies.

Now the question is, is this a Google PR stunt? Read this and that articles and decide for yourself.

Europe’s Ruling on Google: Much Ado About Nothing

Europe’s Ruling on Google: Much Ado About Nothing

Forget-me-not

“More than once, I’ve wished my real life had a delete key.” – Harlan Coben, American novelist.

If that sounds familiar, it has now become a reality but with reasons for concern – it has been two months since the controversial European “right to be forgotten” ruling. The irony is that nothing has actually changed fundamentally despite all the subsequent hoo-hah.

Let’s not forget the internet was originally designed to exchange raw data between researchers and scientists. Any attempt to manually and selectively remove the contents, successful or otherwise, is like playing God – much worse when Google decides what to delete.

I have listed an example to illustrate the lessons to be learned and price to be paid – of a somewhat similar attempt and the implications on the society at large.

You can find the entire column here.