Industry Canada Transparency Report Guidelines Intensely Problematic

5548494699_47f9267020_o-300x200Industry Canada has published guidelines for telecommunications companies to provide transparency reports. The guidelines are ostensibly meant to help companies that want to disclose the regularity, rationale, and extent of Canadian governmental requests for private telecommunications data. The guidelines may actually, however, establish government-sanctioned flaws in transparency reporting and prevent companies from meaningfully informing their customers about government telecommunications surveillance.

We begin this post by briefly summarizing the importance and value of transparency reporting and why Canadian companies should adopt and publish transparency reports. Second, we outline how Industry Canada’s guidelines may enhance transparency reporting. Third, we summarize the significant deficits linked to the guidelines and conclude by discussing how the guidelines could be improved to bring about meaningful and holistic corporate telecommunications transparency reporting.

Background to Transparency Reporting

We discussed the importance of transparency reporting in our recent report, “The Governance of Telecommunications Surveillance: How Opaque and Unaccountable Practices and Policies Threaten Canadians.” Transparency reporting involves companies publicly disclosing data that holds a public interest; telecommunications transparency reports are generally meant to provide complex information in an accessible and factual manner so that subscribers can subsequently make reasonable judgements based on the disclosures. Canadian telecommunications transparency reports have largely focused on policing and security issues to date, and have been released by Rogers, TELUS, Sasktel, TekSavvy, MTS Allstream, and Wind Mobile.

The Citizen Lab and the Telecom Transparency Project have actively encouraged telecommunications companies to release transparency reports. Together, these organizations have written public letters to telecommunications service providers, developed and launched a tool so that Canadians can learn about providers’ data retention and disclosure policies, conducted interviews concerning transparency and surveillance issues in Canada, and filed access to information and privacy requests to understand government surveillance practices. The result of our efforts to date are captured in a report that we released in June 2015, as are a series of recommendations for how members of the telecommunications industry could improve their transparency reports. In the following sections we examine the extent to which Industry Canada’s recently issued guidance aligns with our policy recommendations.

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New Update to the SIGINT Summaries

Grondstation van de Nationale SIGINT Organisatie (NSO) in Burum, Frysl‚nI have added one new item to the SIGINT Summaries page. The Summaries include downloadable copies of leaked Communications Security Establishment (CSE) documents, along with summary, publication, and original source information.1 CSE is Canada’s foreign signals intelligence agency and has operated since the Second World War.

Documents were often produced by CSE’s closest partners which, collectively, form the ‘Five Eyes’ intelligence network. This network includes the CSE, the National Security Agency (NSA), the Government Communications Headquarters (GCHQ), Australian Signals Directorate (ASD),2 and Government Communications Security Bureau (GCSB)).

All of the documents are available for download from this website. Though I am hosting the documents they were all first published by another party. The new documents and their summaries are listed below. The full list of documents and their summary information is available on the Canadian SIGINT Summaries page.

The new contribution comes from documents released by CBC and covers how Five Eyes intelligence analysts correlated telephony and mobile Internet communications information. For the first time I have noted, in the summary block, all of the codenames that were mentioned in the redacted document.

Synergising Network Analysis Tradecraft: Network Tradecraft Advancement Team (NTAT)

Summary: This slide deck showcases some of the activities, and successes, of the Network Tradecraft Advancement Team (NTAT). The slides focus on how to develop and document tradecraft which is used to correlate telephony and Internet data. Two separate workshops are discussed, one in 2011 and another in 2012. Workshop outcomes included identifying potentially converged data (between telephony and Internet data) as well as geolocating mobile phone application servers. A common mobile gateway identification analytic was adopted by three agencies, including DSD. NTAT had also adopted the CRAFTY SHACK tradecraft documentation system over the courses of these workshops.

In an experiment, codenamed IRRITANT HORN, analysts explored whether they could identify connections between a potentially ‘revolutionary’ country and mobile applications servers. They successfully correlated connections with application servers which opened up the potential to conduct Man in the Middle attacks or effect operations towards the mobile devices, as well as the potential to harvest data in transit and at rest from the devices. In the profiling of mobile applications servers it appears that EONBLUE was used to collect information about a company named Poynt; that company’s application was being used by Blackberry users, and the servers profiled were located in Calgary, Alberta (Canada).

The agencies successfully found vulnerabilities in UCWeb, which was found to leak IMSI, MSISDN, IMEI, and other device characteristics. These vulnerabilities were used to discover a target and it was determined that the vulnerabilities might let a SIGINT agency serve malware to the target. A ‘microplugin’ for XKeyscore was developed so that analysts could quickly surface UCWeb-related SIGINT material. (NOTE: The Citizen Lab analyzed later versions of UCWeb and found vulnerabilities that were subsequently patched by the company. For more, see: “A Chatty Squirrel: Privacy and Security Issues with UC Browser.”)

Document Published: May 21, 2015
Document Dated: 2012 or later
Document Length: 52 pages (slides plus notes)
Associated Article: Spy agencies target mobile phones, app stores to implant spyware
Download Document: Synergising Network Analysis Tradecraft: Network Tradecraft Advancement Team (NTAT)
Codenames mentioned: ATLAS, ATHENA, BLAZING SADDLES, CRAFTY SHACK, DANAUS, EONBLUE, FRETTING YETI, HYPERION, IRRITANT HORN, MASTERSHAKE, PEITHO, PLINK, SCORPIOFORE

Footnotes


  1.  Formally known as the Communications Security Establishment Canada (CSEC). 
  2.  The ASD was formerly known as the Defence Signals Directorate (DSD). 

Advancing Encryption for the Masses

CryptographyEdward Snowden’s revelations have made it incredibly obvious that signals intelligence agencies have focused a lot of their time and energy in tracking people as they browse the web. Such tracking is often possible at a global scale because so much of the data that crosses the Internet is unencrypted. Fortunately, the ease of such surveillance is being curtailed by large corporations and advocacy organizations alike.

Today, WhatsApp and Open Whisper Systems announced they have been providing, and will continue to deploy, what’s called ‘end to end’ encryption to WhatsApp users. This form of encryption ensures that the contents of subscribers’ communications are be secured from third-party content monitoring as it transits from a sender’s phone to a recipient’s device.

As a result of these actions, WhatsApp users will enjoy a massive boost in their communications security. And it demonstrates that Facebook, the owner of WhatsApp, is willing to enhance the security of its users even when such actions are likely to provoke and upset surveillance-hawks around the world who are more interested in spying on Facebook and WhatsApp subscribers than in protecting them from surveillance.

A separate, but thematically related, blog post the Electronic Frontier Foundation announced the creation of a new Certificate Authority (CA) initiative called ‘Let’s Encrypt’. Partnering with the Electronic Frontier Foundation are Mozilla, Cisco, Akamai, Identrust, and researchers at the University of Michigan. CAs issue the data files that are used to cryptographically secure communications between clients (like your web browser) and servers (like EFF.org). Such encryption makes it more challenging for another party to monitor what you are sending to, and receiving from, a server you are visiting.

Key to the ‘Let’s Encrypt’ initiative is that the issued certificates will be free and installable using a script. The script is meant to automate the process of requesting, configuring, and installing the certificate. Ideally, this will mean that people with relatively little experience will be able to safely and securely set up SSL-protected websites. Academic studies have shown that even those with experience routinely fail to properly configure SSL-protections.

The aim of both of these initiatives is to increase the ‘friction’, or relative difficulty, in massively monitoring chat and web-based communications. However, it is important to recognize that neither initiative can be considered a perfect solution to surveillance.

In the case of WhatsApp and Open Whisper Systems, end to end encryption does not fix the broader problems of mobile security: if an adversary can take control of a mobile device, or has a way of capturing text that is typed into or that is displayed on the screen when you’re using WhatsApp, then any message sent or received by the device could be susceptible to surveillance. However, there is no evidence that any government agency in the world has monitored, or is currently capable of monitoring, millions or billions of devices simultaneously. There is evidence, however, of government agencies aggressively trying to monitor the servers and Internet infrastructure that applications like WhatsApp use in delivering messages between mobile devices.

Moreover, it’s unclear what Facebook’s or WhatsApp’s reaction would be if a government agency tried to force the delivery of a cryptographically broken or weakened version of WhatsApp to particular subscribers using orders issued by American, European, or Canadian courts. And, even if the companies in question fought back, what would they do if they lost the court case?

Similarly, the ‘Let’s Encrypt’ initiative relies on a mode of securing the Internet that is potentially susceptible to state interference. Governments or parties affiliated with governments have had certificates falsely issued in order to monitor communications between client devices (e.g. smartphones) and servers (e.g. Gmail). Moreover, professional developers have misconfigured commerce backends to the effect of not checking whether the certificate used to encrypt a communication belong to the right organization (i.e. not checking that the certificate used to communicate with Paypal actually belongs to Paypal). There are other issues with SSL, including a poor revocation checking mechanism, historical challenges in configuring it properly, and more. Some of these issues may be defrayed by the ‘Let’s Encrypt’ initiative because of the members’  efforts to work with the Decentralized SSL Observatory, scans.io, and Google’s Certificate Authority logs, but the initiative — and the proposals accompanying it — is not a panacea for all of the world’s online encryption problems. But it will hopefully make it more difficult for global-scale surveillance that is largely predicated on monitoring unencrypted communications between servers and clients.

Edward Snowden was deeply concerned that the documents he brought to light would be treated with indifference and that nothing would change despite the documents’ presence in the public record. While people may be interested in having more secure, and more private, communications following his revelations those interests are not necessarily translated into an ability for people to secure their communications. And the position that people must either embark on elaborate training regimes to communicate securely or just not say sensitive things, or visit sensitive places, online simply will not work: information security needs to work with at least some of the tools that people are using in their daily lives while developing new and secure ones. It doesn’t make sense to just abandon the public to their own devices while the ‘professionals’ use hard-to-use ’secured’ systems amongst themselves.

The work of WhatsApp, Facebook, Open Whisper Systems, the Electronic Frontier Foundation, and that other members of the ‘Let’s Encrypt’ initiative can massively reduce the challenges people face when trying to communicate more responsibly. And the initiatives demonstrate how the cryptographic and communications landscape is shifting in the wake of Snowden’s revelations concerning the reality of global-scale surveillance. While encryption was ultimately thrown out of the original design specifications for the Internet it’s great to see that cryptography is starting to get bolted onto the existing Internet in earnest.

Microsoft’s OneDrive Storage Expands NSA Surveillance

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Earlier this month Microsoft announced that its Office 365 subscribers would be able to upload an unlimited amount of data into Microsoft’s cloud-based infrastructure. Microsoft notes that the unlimited data storage capacity is:

just one small part of our broader promise to deliver a single experience across work and life that helps people store, sync, share, and collaborate on all the files that are important to them, all while meeting the security and compliance needs of even the most stringent organizations.

Previously, subscribers could store up to 1TB of data in OneDrive. The new, unlimited storage model, creates new potential uses of the Microsoft cloud including even “wholesale backup of their computer hard drives, or even of their local backup drives”. And, given OneDrive’s integration with contemporary Windows operating systems there is the opportunity for individuals to expand what they store to the Cloud so it can be accessed on other devices.

While the expanded storage space may be useful to some individuals and organizations, it’s important to question Microsoft’s assertion that OneDrive meets the most stringent organization’s security and compliance needs. One reason to question these assertions arise out of a memo that was disclosed by National Security Agency (NSA) whistleblower Edward Snowden. The memo revealed that:

NSA Memo on Microsoft enabling SIGINT Access to SkyDrive

As summarized by the Electronic Frontier Foundation, Section 702 of the FISA Amendments Act which is mentioned in the NSA memo is extremely permissive. The section has been used to authorize:

  • collection of Americans’ phone records without a warrant;
  • access to large portions of Internet traffic that moves through American servers;
  • disclosure of collected information to other parties (e.g. the Drug Enforcement Agency);

European policy analysts agree that Section 702 is overly permissive(.pdf) and argue that the definitions used in the section are so general that “any data of assistance to US foreign policy is eligible, including expressly political surveillance over ordinary lawful democratic activities.” The scope of surveillance was made worse as a result of the FISA Amendments Act 2008. While the FAA 2008 is perhaps best known for providing legal immunity to companies which participated in the warrantless wiretapping scandal, it also expanded the scope of NSA surveillance. Specifically:

[b]y introducing “remote computing services” (a term defined in ECPA 1986 dealing with law enforcement access to stored communications), the scope was dramatically widened communications and telephony to include Cloud computing (.pdf source).

Microsoft’s expansion of OneDrive storage limits is meant to enhance its existing consumer cloud offerings. And such cloud storage can produce workplace efficiencies by simplifying access to documents, protecting against device loss, and externalizing some security-related challenges.

However, if subscribers take advantage of the new unlimited storage and send ever-increasing amounts of data into Microsoft’s cloud, then there will be a much greater amount of information that is readily available to the NSA (and other allied SIGINT agencies). And given that Section 702 authorizes surveillance of foreign political activities there is a real likelihood that data content which was previously more challenging for NSA to access will now be more readily available to interception and analysis.

Signals intelligence agencies, such as the NSA, are likely not top of mind threats to individuals around the world. However, Microsoft’s willingness to manufacture government access to personal and business data should give people pause before they generate sensitive documents, share or store intimate photos, or otherwise place important data in Microsoft’s cloud infrastructure. Any company so willing to engineer its users’ privacy out of personal and enterprise services alike must be treated with a degree of suspicion and its product announcement and security assurances with extremely high levels of skepticism.

It’s Time for BlackBerry to Come Clean

BlackBerry N10On April 10, 2014, Blackberry’s enterprise chief publicly stated that his company had no intention of releasing transparency reports concerning how often, and under what terms, the company has disclosed Blackberry users’ personal information to government agencies. BlackBerry’s lack of transparency stands in direct contrast to its competitors: Google began releasing transparency reports in 2009, and Apple and Microsoft in 2013. And BlackBerry’s competitors are rigorously competing on personal privacy as well, with Apple recently redesigning their operating system to render the company unable to decrypt iDevices for government agencies and having previously limited its ability to decrypt iMessage communications. Google will soon be following Apple’s lead.

So, while Blackberry’s competitors are making government access to telecommunications data transparent to consumers and working to enhance their users’ privacy, BlackBerry remains tight-lipped about how it collaborates with government agencies. And as BlackBerry attempts to re-assert itself in the enterprise market — and largely cede the consumer market to its competitors — it is unclear how it can alleviate business customers’ worries about governments accessing BlackBerry-transited business information. Barring the exceptional situation where data from BlackBerry’s network is introduced as evidence in a court process businesses have no real insight of the extent to which Blackberry is compelled to act against its users’ interests by disclosing information to government agencies. And given that the company both owns an underlying patent for, and integrated into its devices’ VPN client, a cryptographic algorithm believed vulnerable to surreptitious government spying it’s not enough to simply refuse to comment on why, and the extent to which, BlackBerry is compelled to help governments spy on its customer base.

We know that BlackBerry has been legally and politically bludgeoned into developing, implementing, and providing training courses on intercepting and censoring communications sent over its network. At the same time, we know that many employees at BlackBerry genuinely care about developing secure products and delivering them to the world; reliable, secure, and productive communications products are ostensibly the lifeblood that keeps the company afloat. So why, knowing what we know about the company’s ethos and the surveillance compulsions it has faced in the past, is it so unwilling to be honest with its current and prospective enterprise customers and develop transparency reports: for fear that customers would flee the company upon realizing the extent to which BlackBerry communications are accessed or monitored by governments, because of gag-orders they’ve agreed to in order to sell products in less-democratic nations, or just because they hold their customers is contempt?

Canadian Cyberbullying Legislation Threatens to Further Legitimize Malware Sales

Focus, Build, HackLawful access legislation was recently (re)tabled by the Government of Canada in November 2013. This class of legislation enhances investigative and intelligence-gathering powers, typically by extending search and seizure provisions, communications interception capabilities, and subscriber data disclosure powers. The current proposed iteration of the Canadian legislation would offer tools to combat inappropriate disclosure of intimate images as well as extend more general lawful access provisions. One of the little-discussed elements of the legislation is that it will empower government authorities to covertly install, activate, monitor, and remove software designed to track Canadians’ location and ‘transmission data.’

In this post I begin by briefly discussing this class of government-used malicious surveillance software, which I refer to as ‘govware’. Next, I outline how Bill C–13 would authorize the use of govware. I conclude by raising questions about whether this legislation will lead government agencies to compete with one another, with some agencies finding and using security vulnerabilities, and others finding and fixing the vulnerabilities such tools rely. I also argue that a fulsome debate must be had about govware based on how it can broadly threaten Canadians’ digital security. Continue reading