The Anatomy of Lawful Access Phone Records

ACL 2006 - Phonebook  Canadian advocates, government officials, and scholars are all concerned about the forthcoming lawful access legislation. A key shared concern is that authorities could, under the legislation, access telecommunications subscription records without court oversight. Moreover, as a condition of accessing these records businesses might be served with gag orders. Such orders would prevent Canadians from ever knowing (outside of court!) that the government had collected large swathes of information about them. In response to concerns aired in public, the Public Safety Minister has insisted that the legislation would merely let police access “phone book” information from telecommunications providers.

I maintain that such assertions obfuscate the sheer amount of information contained in the records that authorities would collect. The aim of this post is to make clear just how much information is contained in a single lawful access “phone record”, demonstrating that the government is seeking information that grossly exceeds what is contained in the white or yellow pages today. As a result, I first provide an example phone record that resembles those in every phonebook in Canada and then offer an example of a lawful access record. Remember that such requests may be filed to multiple service providers (e.g. Internet service provider, web forum hosts, blogs, mobile phone companies, etc) and thus a swathe of records can be combined to generate a comprehensive picture of any particular individual. By the conclusion of the post it should be evident that information provided under lawful access powers is more expansive than the phone records government ministers allude to and lay bare those ministers’ technical obfuscations.

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Lawful Access, Its Potentials, and Its Lack of Necessity

Image by mattwi1s0n

New surveillance powers are typically framed using benevolent and/or patriotic languages. In the United States, we see the PATRIOT Act, the Stored Communications Act, and National Security Letters. Powers associated with this surveillance assemblage have been abused and people have been spied upon in violation of the law, bureaucratic procedure, and regardless of demonstrating real and present dangers. The UK has the Regulation of Investigatory Powers Act (RIPA), which significantly expanded the capabilities of police and intelligence to monitor citizens in previously illegal ways. This legislation is also used improperly, as revealed in the yearly reports from the Interception Commissioner. In Canada, the Canadian government has publicly stated its intention to press ahead and introduce its lawful access legislation despite concerns raised by the public, members of the advocacy and academic community, and the information and privacy commissioners of Canada. Here, we can also expect uses of lawful access powers to overstep stated intents and infringe on Canadians’ rights, intrude upon their privacy, and injure their dignity.

Over the past months I’ve been actively involved in working with, and talking to, other parties about lawful access legislation. This has included speaking with members of the media, publishing an op-ed, and conducting various private discussions with stakeholders around Canada who are concerned about what this legislation may (and may not) mean. Today, in the interests of making public some of the topics of these discussions, I want to address a few things. First, I quickly summarize key elements of the lawful access legislation. Next, I note some of the potentials for how lawful access powers will likely be used. None of the potentials that I identify depend on ‘next generation’ technologies or data management/mining procedures: only technologies that exist and are in operation today are used as mini-cases. None of the cases that I outline offer significant insight into the operational working of stakeholders I’ve spoken with that can’t be reproduced from public research and records. I conclude by questioning the actual need for the expanded powers.

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Mobile Security and the Economics of Ignorance

Day 24/ Mon 17 Aug 09  Mobile penetration is extremely high in Canada. 78% of Canadian households had a mobile phone in 2010, in young households 50% exclusively have mobiles, and 33% of Canadians generally lack landlines. Given that mobile phones hold considerably more information than ‘dumb’ landlines and are widely dispersed it is important to consider their place in our civil communications landscape. More specifically, I think we must consider the privacy and security implications associated with contemporary mobile communications devices.

In this post I begin by outlining a series of smartphone-related privacy concerns, focusing specifically on location, association, and device storage issues. I then pivot to a recent – and widely reported – survey commissioned by Canada’s federal privacy commissioner’s office. I assert that the reporting inappropriately offloads security and privacy decisions to consumers who are poorly situated to – and technically unable to – protect their privacy or secure their mobile devices. I support this by pointing to intentional exploitations of users’ ignorance about how mobile applications interact with their device environments and residing data. While the federal survey may be a useful rhetorical tool I argue that it has limited practical use.

I conclude by asserting that privacy commissioners, and government regulators more generally, must focus their attention upon the Application Programming Interfaces (APIs) of smartphones. Only by focusing on APIs will we redress the economics of ignorance that are presently relied upon to exploit Canadians and cheat them out of their personal information.

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Review: Surveillance or Security?

surveillance-or-security-the-risks-posed-by-new-wiretapping-technologiesIn Security or Security? The Real Risks Posed by New Wiretapping Technologies, Susan Landau focuses on the impacts of integrating surveillance systems into communications networks. Her specific thesis is that  integrating surveillance capacities into communications networks does not necessarily or inherently make us more secure, but may introduce security vulnerabilities and thus make us less secure. This continues on threads that began to come together in the book she and Whitfield Diffie wrote, titled Privacy on the Line: The Politics of Wiretapping and Encryption, Updated and Expanded Edition.

Landau’s work is simultaneously technical and very easy to quickly read. This is the result of inspired prose and gifted editing. As a result, she doesn’t waver from working through the intricacies of DNSSEC, nor how encryption keys are exchanged or mobile surveillance conducted, and by the time the reader finishes the book they will have a good high-level understanding of how these technologies and systems (amongst many others!) work. On the policy side, she gracefully walks the reader through the encryption wars of the 1990s,[1] as well as the politics of wiretapping more generally in the US. You don’t need to be a nerd to get the tech side of the book, nor do you need to be a policy wonk to understand the politics of American wiretapping.

Given that her policy analyses are based on deep technical understanding of the issues at hand, each of her recommendations carry a considerable amount of weight. As examples, after working through authentication systems and their deficits, she differentiates between three levels of online identification (machine-based, which relies on packets; human, which relies on application authentication; and digital, which depends on biometric identifiers). This differentiation lets her  consider the kinds of threats and possibilities each identification-type provides. She rightly notes that the “real complication for attribution is that the type of attribution varies with the type of entity for which we are seeking attribution” (58). As such, totalizing identification systems are almost necessarily bound to fail and will endanger our overall security profiles by expanding the surface that attackers can target.

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Distinguishing Between Mobile Congestions

by Simon TunbridgeThere is an ongoing push to ‘better’ monetize the mobile marketplace. In this near-future market, wireless providers use DPI and other Quality of Service equipment to charge subscribers for each and every action they take online. The past few weeks have seen Sandvine and other vendors talk about this potential, and Rogers has begun testing the market to determine if mobile customers will pay for data prioritization. The prioritization of data is classified as a network neutrality issue proper, and one that demands careful consideration and examination.

In this post, I’m not talking about network neutrality. Instead, I’m going to talk about what supposedly drives prioritization schemes in Canada’s wireless marketplace: congestion. Consider this a repartee to the oft-touted position that ‘wireless is different’: ISPs assert that wireless is different than wireline for their own regulatory ends, but blur distinctions between the two when pitching ‘congestion management’ schemes to customers. In this post I suggest that the congestion faced by AT&T and other wireless providers has far less to do with data congestion than with signal congestion, and that carriers have to own responsibility for the latter.

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iPhone Promiscuity

Photo credit: Steve KeysI’ve written a fair bit about mobile phones; they’re considerable conveniences that are accompanied by serious security, privacy, and technical deficiencies. Perhaps unsurprisingly, Apple’s iPhone has received a considerable amount of criticism in the press and by industry because of the Apple aura of producing ‘excellent’ products combined with the general popularity of their mobile device lines.

In this short post I want to revisit two issues I’ve previously written about: the volume of information that the iPhone emits when attached to WiFi networks and its contribution to carriers’ wireless network congestion. The first issue is meant to further document here, for my readers and my own projects, just how much information the iPhone makes available to third-parties. The second, however, reveals that a technical solution resolves the underlying cause of wireless congestion associated with Apple products. Thus, trapping customers into bucket-based data plans in response to congestion primarily served financial bottom lines instead of customers’ interests. This instance of leveraging an inefficient (economic) solution to a technical problem might, then, function as a good example of the difference between ‘reasonable technical management’ that is composed of technical and business goals versus the management of just the network infrastructure itself.

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