On May 12, 2021, President Joseph Biden promulgated an Executive Order (EO) to compel federal agencies to modify and enhance their cybersecurity practices. In this brief post I note a handful of elements of the EO that are noteworthy for the United States and, also, more broadly can be used to inform, assess, and evaluate non-American cybersecurity practices.
The core takeaway, for me, is that the United States government is drawing from its higher level strategies to form a clear and distinct set of policies that are linked to measurable goals. The Biden EO is significant in its scope though it remains unclear whether it will actually lead to government agencies better mitigating the threats which are facing their computer networks and systems.
As part of my ongoing research into the Edward Snowden documents, I have found and added an additional two documents to the Canadian SIGINT Summaries. The Summaries include downloadable copies of leaked Communications Security Establishment (CSE) documents, along with summary, publication, and original source information. 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), 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.
These documents came to light as I examined the activities that took place between the NSA and New Zealand signals intelligence agencies. The first, “NSA Intelligence Relationship with New Zealand” notes that Canada is a member of the SIGINT Seniors Pacific group as well as SIGINT Seniors Europe. The second, “SIGINT Development Forum (SDF) Minutes”, notes how CSE and GCSB define shaping as “industry engagement and collection bending” as well as CSEC had considered audit analysts’ accounts similar to the NSA, though the prospect of such auditing had rearisen as a discussion point.
NSA Intelligence Relationship with New Zealand
Summary: This document summarizes the status of the NSA’s relationship with New Zealand Government Communications Security Bureau (GCSB). The GCSB has been forced to expend more of its resources on compliance auditing following recommendations after it exceeded its authority in assisting domestic law enforcement, but continues to be focused on government and five eyes priorities and encouraged to pursue technical interoperability with NSA and other FVEY nations.
The NSA provides GCSB with “raw traffic, processing, and reporting on targets of mutual interest, in addition to technical advice and equipment loans.” The GCSB primarily provides the NSA with access to communications which would otherwise remain inaccessible. These communications include: China, Japanese/North Korean/Vietnamese/South American diplomatic communications, South Pacific Island nations, Pakistan, India, Iran, and Antartica, as well as French police and nuclear testing activities in New Caledonia.
Of note, GCSB is a member of SIGINT Seniors Pacific (SSPAC) (includes Australia, Canada, France, India, Korea, New Zealand, Singapore, Thailand, United Kingdom, and United States) as well as SIGINT Seniors Europe (SSEUR) (includes Australia, Belgium, Canada, Denmark, France, Germany, Italy, Netherlands, New Zealand, Norway, Spain, Sweden, United Kingdom, and United States).
Summary: This document summarizes the state of signals development amongst the Five Eyes (FVEY). It first outline the core imperatives for the group, including: ensuring that the top technologies are being identified for use and linked with the capability they bring; that NSA shaping (targeting routers) improves (while noting that for CSE and GCSB shaping involves “industry engagement and collection bending”); improving on pattern of life collection and analysis; improving on IP address geolocation that covers Internet, radio frequency, and GSM realms; analyzing how convergence of communications systems and technologies impacts SIGINT operations.
Privacy issues were seen as being on the groups’ radar, on the basis that the “Oversight & Compliance team at NSA was under-resourced and overburdened.” Neither GCSB or DSD were able to sponsor or audit analysts’ accounts similar to the NSA, and CSEC indicated it had considered funding audit billets; while dismissed at the time, the prospect has re-arisen. At the time the non-NSA FVEYs were considering how to implement ‘super-user’ accounts, where specific staff will run queries for counterparts who are not directly authorized to run queries on selective databases.
GCSB, in particular, was developing its first network analyst team in October 2009 and was meant to prove the utility of network analysis so as to get additional staff for later supporting STATEROOM and Computer Network Exploitation tasks. Further, GCSB was to continue its work in the South Pacific region, as well as expanding cable access efforts and capabilities during a 1 month push. There was also a problem where 20% of GCSB’s analytic workforce lacked access to DSD’s XKEYSCORE, which was a problem given that GCSB provided NSA with raw data. The reason for needing external tools to access data is GCSB staff are prohibited from accessing New Zealand data.
In our recent report, “The Governance of Telecommunications Surveillance: How Opaque and Unaccountable Practices and Policies Threaten Canadians,” we discussed how the Communications Security Establishment (CSE) developed and deployed a sensor network within domestic and foreign telecommunications networks. While our report highlighted some of the concerns linked to this EONBLUE sensor network, including the dangers of secretly extending government surveillance capacity without any public debate about the extensions, as well as how EONBLUE or other CSE programs programs collect information about Canadians’ communications, we did not engage in a comparison of how Canada and its closest allies monitor domestic network traffic. This post briefly describes the EONBLUE sensor program, what may be equivalent domestic programs in the United States, and the questions that emerge from contrasting what we know about the Canadian and American sensor networks.
What is EONBLUE?
EONBLUE was developed and deployed by the CSE. The CSE is Canada’s premier signals intelligence agency. The EONBLUE sensor network “is a passive SIGINT system that was used to collect ‘full-take’ data, as well as conduct signature and anomaly based detections on network traffic.” Prior Snowden documents showcased plans to integrate EONBLUE into government networks; the network has already been integrated into private companies’ networks. Figure one outlines the different ‘shades of blue’, or variations of the EONBLUE sensors:
Today, I am happy to make my completed doctoral dissertation available to the public. The dissertation examines what drives, and hinders, wireline network practices that are enabled by Deep Packet Inspection (DPI) routers. Such routers are in wide use by Internet service providers (ISPs) in Canada, the United States, and United Kingdom, and offer the theoretical capacity for service providers to intrusively monitor, mediate, and modify their subscribers’ data packets in real or near-real time. Given the potential uses of the routers, I was specifically interested in how the politics of deep packet inspection intersected with the following issues: network management practices, content control and copyright, advertising, and national security/policing.
Based on the potential capabilities of deep packet inspection technologies – and the warnings that such technologies could herald the ‘end of the Internet’ as it is know by citizens of the West – I explored what has actually driven the uptake of the technology in Canada, the US, and the UK. I ultimately found that though there were variations in different states’ regulatory processes, regulators tended to arrive at common conclusions. Regulatory convergence stands in opposition to the divergence that arose as elected officials entered into the DPI debates: such officials have been guided by domestic politics, and tended to reach significantly different conclusions. In effect, while high-expertise regulatory networks reached common conclusions, elected political officials have demonstrated varying degrees of technical expertise and instead have focused on the politics of communications surveillance. In addition to regulators and elected officials, court systems have also been involved in adjudicating how, when, and under what conditions DPI can be used to mediate data traffic. Effectively, government institutions have served as the primary arenas in which DPI issues are taken up, though the involved government actors often exhibited their own interests in how issues were to be taken up or resolved. The relative role of these different state bodies in the case studies arguably reflects underlying political cultures: whereas regulators are principally involved in the Canadian situation, elected officials and courts play a significant role in the US, whereas the UK has principally seen DPI debates settled by regulators and elected officials.
Ultimately, while there are important comparative public policy conclusions to the dissertation, such conclusions only paint part of the picture about the politics of deep packet inspection. The final chapter of the dissertation discusses why the concepts of surveillance and privacy are helpful, but ultimately insufficient, to appreciate the democratic significance of deep packet inspection equipment. In response, I suggest that deliberative democratic theory can provide useful normative critiques of DPI-based packet inspection. Moreover, these critiques can result in practical policy proposals that can defray DPI-based practices capable of detrimentally stunting discourse between citizens using the Internet for communications. The chapter concludes with a discussion of how this research can be advanced in the future; while I have sought to clear away some of the murk concerning the technology, my research represents only the first of many steps to reorient Internet policies such that they support, as opposed to threaten, democratic values.
Surveillance on the Internet today extends beyond collecting intelligence at the layer of the Web: major telecommunications companies use technologies to monitor, mediate, and modify data traffic in real time. Such companies functionally represent communicative bottlenecks through which online actions must pass before reaching the global Internet and are thus perfectly positioned to develop rich profiles of their subscribers and modify what they read, do, or say online. And some companies have sought to do just that. A key technology, deep packet inspection (DPI), facilitates such practices.
In the course of evaluating the practices, regulations, and politics that have driven DPI in Canada, the US, and UK it has become evident that the adoption of DPI tends to be dependent on socio-political and economic conditions. Simply put, market or governmental demand is often a prerequisite for the technology’s adoption by ISPs. However, the existence of such demand is no indication of the success of such technologies; regulatory or political advocacy can lead to the restriction or ejection of particular DPI-related practices.
The dissertation proceeds by first outlining how DPI functions and then what has driven its adoption in Canada, the US, and UK. Three conceptual frameworks, path dependency, international governance, and domestic framing, are used to explain whether power structures embedded into technological systems themselves, international standards bodies, or domestic politics are principally responsible for the adoption or resistance to the technology in each nation. After exploring how DPI has arisen as an issue in the respective states I argue that though domestic conditions have principally driven DPI’s adoption, and though the domestic methods of governing DPI and its associated practices have varied across cases, the outcomes of such governance are often quite similar. More broadly, I argue that while the technology and its associated practices constitute surveillance and can infringe upon individuals’ privacy, the debates around DPI must more expansively consider how DPI raises existential risks to deliberative democratic states. I conclude by offering some suggestions on defraying the risks DPI poses to such states.
The Canadian SIGINT Summaries includes downloadable copies, along with summary, publication, and original source information, of leaked CSE documents.
Parsons, Christopher; and Molnar, Adam. (2021). “Horizontal Accountability and Signals Intelligence: Lesson Drawing from Annual Electronic Surveillance Reports,” David Murakami Wood and David Lyon (Eds.), Big Data Surveillance and Security Intelligence: The Canadian Case.
Parsons, Christopher. (2015). “Stuck on the Agenda: Drawing lessons from the stagnation of ‘lawful access’ legislation in Canada,” Michael Geist (ed.), Law, Privacy and Surveillance in Canada in the Post-Snowden Era (Ottawa University Press).
Parsons, Christopher. (2015). “The Governance of Telecommunications Surveillance: How Opaque and Unaccountable Practices and Policies Threaten Canadians,” Telecom Transparency Project.
Parsons, Christopher. (2015). “Beyond the ATIP: New methods for interrogating state surveillance,” in Jamie Brownlee and Kevin Walby (Eds.), Access to Information and Social Justice (Arbeiter Ring Publishing).
Bennett, Colin; Parsons, Christopher; Molnar, Adam. (2014). “Forgetting and the right to be forgotten” in Serge Gutwirth et al. (Eds.), Reloading Data Protection: Multidisciplinary Insights and Contemporary Challenges.
Bennett, Colin, and Parsons, Christopher. (2013). “Privacy and Surveillance: The Multi-Disciplinary Literature on the Capture, Use, and Disclosure of Personal information in Cyberspace” in W. Dutton (Ed.), Oxford Handbook of Internet Studies.
McPhail, Brenda; Parsons, Christopher; Ferenbok, Joseph; Smith, Karen; and Clement, Andrew. (2013). “Identifying Canadians at the Border: ePassports and the 9/11 legacy,” in Canadian Journal of Law and Society 27(3).
Parsons, Christopher; Savirimuthu, Joseph; Wipond, Rob; McArthur, Kevin. (2012). “ANPR: Code and Rhetorics of Compliance,” in European Journal of Law and Technology 3(3).