The Issues Surrounding Subscriber Information in Bill C-30

SIMThe most recent version of the Canadian Government’s lawful access legislation is upon us. The legislation expands the powers available to the police, imposes equipment- and training-related costs on Telecommunications Service Providers (TSPs), enables TSPs to voluntarily provide consumer information to authorities without a warrant, forces TSPs to provide subscriber data without warrant, and imposes gag orders on TSPs who comply with lawful access powers. Economic and civil rights costs are, as of yet, murky. Despite being an extremely lengthy piece of legislation, Bill C-30 lacks the specificity that should accompany serious expansions to Canadian policing and intelligence gathering powers.

In this post, I first outline a ‘subscriber data regime’ to discuss what does – and may – be entailed in accessing Canadians’ subscriber data. Second, I explain how subscriber data can be used for open-sourced intelligence gathering. Third, I argue that an administrative process of expanding subscriber identifiers is inappropriate. Finally, I articulate why warrants are so important, and why court approval should precede access to subscriber data. In aggregate, this post explicates the concerns that many civil advocates, academics, and technical experts have with access to subscriber information, why Canadians should be mindful of these concerns, and why Canadians should rebuff current efforts to expand warrantless access to subscriber information.

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Amici Curiae on IMSI Catchers

Image by iDownloadBlog

Security, surveillance, and privacy researchers alike have been watching how authorities exploit cellular communications devices – often in secret, or absent sufficient oversight – for years. Research to-date has been performed by security researchers and hackers, social scientists, advocates, activists, and the curious, with contributions spanning hundreds of discreet investigations into technical capabilities and their social implications. Of late, a considerable amount of attention has been devoted to IMSI Catchers, which are devices that establish false mobile phone towers for the purpose of monitoring and tracking mobile phones without their users’ awareness.

Given the use of IMSI catchers by American authorities, a group of researchers and academics submitted an Amici Curiae (in their individual capacities) January 17, 2012 concerning the catchers. Specifically, the brief is in support of a defendant’s motion for disclosure of all relevant and helpful evidence withheld by the government based on a claim of privilege. The government, in this particular case, has admitted that the surveillance technologies used simulated a cell site but have refused to provide specific details of how this surveillance was conducted. We argue that a substantial amount of information surrounding IMSI catchers is already public and that, as a result, the secrets that the government is attempting to protect are already in the public domain. Moreover, the public interest is best served by “greater public discussion regarding these tracking technologies and the security flaws in the mobile phone networks that they exploit, not less.”

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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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