Showing posts with label NSA. Show all posts
Showing posts with label NSA. Show all posts

Rolling Back Mass Surveillance

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Bruce Schneier is a man worth listening to.  In 1993, just as the Internet was gaining speed, he wrote one of the earliest books on applying cryptography to network communications, and has since become a well-known security specialist and author of about a dozen books on Internet security and related matters.  So when someone like Schneier says we're in big trouble and we need to do something fast to keep it from getting worse, we should at least pay attention.

The trouble is mass surveillance.  In his latest book, Data and Goliath, he explains that mass surveillance is the practice of indiscriminately collecting giant data banks of information on people first, and then deciding what you can do with it.  One of the best-known and most controversial examples of this is the practice of the U. S. National Security Agency (NSA) of grabbing telecommunications metadata (basically, who called whom when) covering the entire U. S., which was revealed when Edward Snowden made his stolen NSA files public in 2013.  Advocates of the NSA defend the call database by saying the content of the calls is not monitored, only the fact that they were made.  But Schneier makes short work of that argument in a few well-chosen examples showing that such metadata can easily reveal extremely private facts about a person:  medical conditions or sexual orientation, for example. 

It's not only government overreaching that Schneier is concerned about. Businesses come in for criticism too.  With data storage getting cheaper all the time, many Internet firms and network giants such as Google and Yahoo find that it's easier simply to collect all the data they can on their customers, and then pick through it to see what useful information they can extract—or sell to others.  This happens all the time.  Maybe the most visible evidence of it happens when you go online and look for, say, a barbecue grill at a hardware-store website.  Then, maybe several days later, you will be on a completely different site.  Say a vegetarian friend is coming over and you're looking up how to make vegan stew.  Lo and behold, right next to the vegan recipe, there's an ad for that barbecue grill you were looking at a few days ago.  How did they know?  With "cookies" (bits of data retained by your browser) and behind-the-scenes trading of information about you and your browsing habits.

But Schneier reserves his greatest concern for something that is perhaps hardest to define:  the loss of privacy.  The right to privacy is a vital if poorly defined right whose absence makes normal life almost impossible.  Schneier says, "Privacy is an inherent human right. . . . It is about choice, and having the power to control how you present yourself to the world."  Mass surveillance tramples over the right to privacy and trains millions subtly to alter their ways of living to avoid the pain of secrets revealed.  This way of living was familiar to those whose lives were monitored by totalitarian regimes such as the old East Germany or the Soviet Union.  True, Google isn't going to send a jackbooted corporal to your door if you say something nasty about Sergey Brin, Google's co-founder.  Brin himself was born behind the Iron Curtain, though his family emigrated when he was six, and he probably remembers little or nothing about the USSR.  Nevertheless, Google and other firms that collect massive amounts of private data from their customers have set up a situation in which the privacy rights of millions, even billions, depend solely on the good intentions of a few powerful decision-makers in private companies. 

So what do we do about this?  Schneier has lots of suggestions, and points to Europe as a place where privacy is more respected in law and custom.  Changing laws is a necessary first step.  Whenever anyone moves to restrict the mass-surveillance habits of government entities such as the NSA or the Federal Bureau of Investigation, their defenders threaten us with a terrorist apocalypse, saying if we don't give up this or that privacy right, we'll tie the government's hands and be helpless before terrorist assaults.  Schneier spends a lot of time taking apart this argument, to my mind pretty convincingly.  For one thing, mass-surveillance data has not proved that useful in uncovering terrorist plots, compared to old-fashioned detective work focused intensely on a few known troublemakers. In general, government should abandon most mass-surveillance practices in favor of concentrating on specific investigations, with permission granted by courts whose workings are made public to the extent possible.

As for massive snooping by private enterprises, Schneier thinks regulations are the best option.  These regulations would impose a kind of "opt-in" system.  Currently, if you have a privacy-related choice at all in dealing with Internet firms, you have to go to a lot of trouble to make them respect your privacy, if they will allow such a thing at all.  Under Schneier's proposed policy, companies could not take away your rights to your data without your explicit permission, and the choice would be explained clearly enough so that you wouldn't need to have your techno-lawyer read the fine print to understand what's going on. 

Neither Schneier nor I are political scientists, so it's hard to say how we would get from the current parlous situation to one in which online privacy is respected, and nobody can snoop on you unless they go to a lot of trouble and get special permission to do it.  But he's told us what the problem is, and now it's up to us to do something about it.

Sources:  Bruce Schneier's book Data and Goliath:  The Hidden Battles to Collect Your Data and Control Your World was published by W. W. Norton in 2015.  The quotation from it above is from p. 126.  I also referred to Wikipedia articles on Edward Snowden, MAINWAY (the NSA call databse), and Sergey Brin.

Who Wazed the Sheriff?—Traffic Apps and Law Enforcement

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Google's traffic app called Waze allows users to tell each other about traffic-related issues such as construction zones, tie-ups, and speed traps.  It uses a phone's GPS system to locate an icon on a map of the area that everyone using Waze can see.  Google bought Waze from its Israeli developers for a billion dollars in 2013, and it is now one of the most popular free apps on Apple's rankings.  But the National Sheriffs' Association (NSA) is not happy about it.

In a widely publicized statement, the NSA's Deputy Executive Director John Thompson said "we are . . . concerned this app will have a negative effect on saving lives and with public safety activities."  The app's little police icons can show locations of speed traps and other law-enforcement operations.  The sheriffs cite recent ambush attacks on law enforcement, such as the killing of New York City patrolmen Rafael Ramos and Wenjian Liu last December, as examples of hostile actions that could be aided by Waze.

An Associated Press report of the reactions to the NSA statement includes a response by a Google spokesperson, who pointed out that most users tend to drive more carefully when they believe law enforcement is nearby.  Free-speech advocates oppose any restrictions on locating law-enforcement operations via Waze as long as the operations are clearly visible on public property. 

Traffic-law enforcers face a problem that is in some ways paradoxical.  Sometimes they want to be highly visible simply because of the deterrent effect on most law-abiding citizens.  After all, the overarching goal of law enforcement is to encourage obedience to the law.  This goal would be achieved with respect to speed laws if everyone obeyed the speed limits.  And most drivers (but not all) who become aware of a potential speed trap will slow down.  So letting folks know that Smokey is hiding over that next ridge on the interstate will probably lead to fewer speeders, which is what we want, isn't it?  That doesn't take into account the other aspect of the paradox, which is that sometimes traffic cops want to hide, too.

I think it may be significant that the National Sheriffs' Association, but no other major law-enforcement organization, has come out in opposition to Waze.  In small towns in rural areas, and in larger Western counties where the main law enforcement is by sheriffs and not town or city policemen, a considerable fraction of the sheriff's office revenue may come from speeding tickets.  If a deputy has found a nice concealed location where drivers who are just passing through frequently get ticketed for speeding, the last thing he or she wants is for this prize fishing hole to show up on Waze.  Local circumstances such as these can create perverse incentives which encourage law enforcers to rely on a certain number of speeders to show up, just to keep them in business. 

The problem of publicizing law-enforcement operations and locations should not simply be brushed off.  You can imagine a months-long sting operation by police that would climax in a stealthy approach to a crime organization's secret hideout.  But if some clueless driver comes along and posts a lot of cop icons on Waze, and one of the crooks happens to be looking at his phone at the time, the whole operation could come unglued, with dire consequences up to and including bloodshed.

Back in the slow-media days when newspapers were the main forum of public information about law enforcement, reporters would sometimes get wind of secret police operations in advance.  It was a part of the journalistic code of ethics not to spill such beans when it would cause major problems to the police, even though it would make a scoop that would sell papers.  Editors have sat on such hot news many times until after the police have had time to spring their traps.  While such measures could have been viewed as press self-censorship, most observers would agree that it was done in the public's best interest in most cases.  The public's right to know is not absolute, and must be tempered by other considerations such as the safety of law-enforcement officials when publicity would put their lives at risk.

But this is 2015, not 1935, and the age of citizen-journalists.  Instead of fedora-wearing photographers armed with big Graflex cameras, we have baseball-capped passersby armed with iPhones linked to Facebook and Waze.  We can no longer count on the reasoned restraint of professional journalists who can view the larger picture and weigh the consequences of their actions in the long run.  If a Waze user sees a cop and posts the sighting on Waze, the user has no idea whether the cop is there for a routine speed trap or for more specialized and delicate reasons. 

So far, there have been no major incidents to my knowledge in which Waze data on law enforcement personnel locations has led to a major miscarriage of justice or harm to an officer.  But in the present atmosphere of tension between police and many citizens, I can understand why the National Sheriffs Association is touchy about the popularity of Waze, and why they have asked Google to do something about it.

Unfortunately for the NSA, chances are not good for that to happen.  While Google could conceivably run interference between the raw data coming from observers and the displays of police icons, it would be a resource-intensive and probably manual process, which would slow down the edited displays and diminish what is one of the main attractions of Waze in the first place:  its timeliness.  Public-access apps that let the public post information directly depend on that same public not to lie or manipulate their inputs in a nefarious way.  Fortunately for law enforcement, and everybody else, most people at most times are simply trying to get along and help others when it's not too much trouble.  Waze helps them do that, and it looks like the speeding-deterrent effects of posting speed-trap locations will outweigh the possible negative consequences, at least in Google's view.  And in this case, unless some more powerful force intervenes, it's Google's view that counts.

Sources:  The Associated Press article by Eileen Sullivan describing reactions to the National Sheriffs' Association press release was carried by numerous outlets such as the Chicago Tribune at http://www.chicagotribune.com/business/sns-bc-us--police-tracking-app-20150128-story.html.  The NSA statement itself can be found at http://www.sheriffs.org/content/waze-concerns-sheriffs.  I also referred to Wikipedia's article on Waze.