Google vs. Privacy Commissioners Round 1

Google and a group of Information and Privacy Commissioners have been having an interesting set-to over the last couple of days. First, a group including Canada’s Privacy Commissioner and the UK’s Information Commissioner sent a letter to Google expressing concern about their inadequate privacy policies, especially with regard to new developments like Buzz, Google’s new answer to Facebook.

Then Google put up a post on its blog, unveiling a new tool with maps out various governments requests for censorship of Google’s internet services. Interestingly, it framed this by reference to Article 19 of the Universal Declaration on Human Rights.

So now we have two sets of bodies referring to different ‘human rights’ as the basis for their politics. Of course they are not incompatible. Google is right to highlight state intervention in consensual information-sharing as a threat, but equally the Privacy Commissioners are right to pull up Google for lax privacy-protection practices. The problem with Google is that it thinks it is at the leading edge of a revolution in openness and transparency (which not coincidentally will lead to most people storing their information in Google’s ‘cloud’), and the problem with the Privacy Commissioners is that they are not yet adapting fast-enough to the multiple and changing configurations of personal privacy and openness that are now emerging as they have to work with quite outdated data-protection laws.

This won’t be the end, but let’s hope it doesn’t get messy…

UofT Researchers uncover Chinese Internet espionage system

The Globe and Mail is reporting today that researchers based at the University of Toronto’s Munk Centre for International Studies, along with two private internet security consultancies, SecDev and the Shadowserver Foundation, have uncovered a worldwide network of automated intrusion programs (or botnet) based in China. The report called Shadows in the Cloud describes how over 1300 infected computers containing information related to all kinds of material from the Dalai Lama, the Indian government and US security were linked back to Chinese sources. The authors include Greg Walton who wrote the excellent early report on China’s ‘Golden Shield’ Internet surveillance and censorship system a few years ago. It can’t be said for certain that this was a Chinese state operation: as with the attacks on Estonia from Russian sources back in 2007, suspicions just as much centre on ‘patriotic hackers’, who are just doing this out of a sense of outrage at opposition to their country’s leadership. And no doubt, this is far from the only nationally-oriented botnet system.

SHADOWS IN THE CLOUD: Investigating Cyber Espionage 2.0

Google does the right thing, but…

Google is, as I type this, closing down its Chinese site as the first stage of its withdrawal of service from mainland China, in response to numerous attacks on the company’s computers from hackers allegedly connected to the Chinese state and ongoing demands to provide a censored service with which they felt they could not comply. The company claims that Chinese users will still be able to use Google, only through the special Hong Kong website, http://www.google.com.hk, which for historical reasons falls outside the Chinese state’s Internet control regime. Whether this will mean that the site will actually be accessible to Chinese Net users is debateable. Some say they cannot access it already. There are also numerous ‘fake Google’ sites that have sprung up to try to make some fast cash out of the situation.

But there’s more to this of course. Google has been widely reported to have opened its doors to the US National Security Agency (NSA) in order, they say, to solve the hacking issue, but the NSA only get involved in matters of US national security – if Google is essentially saying it is effectively beholden to US intelligence policy and interests, I am not sure that this is a whole lot better than bowing to China. You can be sure as well, that once invited in, the NSA will insinuate themselves into the company. Having a proper official backdoor into Google would make things a lot easier for the NSA, especially in populating its shiny new data warehouse in Utah

German Constitutional Court shoots down new ‘Lawful Access’ Provisions

Germany’s Constitutional Court is one of the few such national institutions that has been brave enough to interpret the right to privacy as actually meaning something that might outweight the state’s desire to know. According to the BBC, in a really strong decision, it has just ruled that a 2008 law, requiring all telecommunications traffic data to be stored for 6 months, violated privacy rights of citizens and should be struck out. Germany had already threatened to veto the European Union’s Telecommunications Directive 2006/24/EC (which came into force last year), a move which prompted the Council of Minister to take the unethical and devious step of redefining the Directive as belonging to the ‘commercial’ field (which requires only majority vote) as opposed to being a matter of ‘security’ (in which there has to be unanimity). We will now see what is the reaction of the German government to their own law being declared unconstitutional, and indeed, what international reverberations this have – the USA will certainly not like this.

(Thanks to ‘Unkraut’ for the pointer)

Closing the Internet

A lot of my current thinking is based around the dynamic of opening / closing. I’ve been considering the way in which elements of state power, and in particular the military and intelligence agencies, regard openness per se as a threat. Now, Wired’s Threat Level blog (just about my favourite reading right now), has an excellent take on the response to what has been termed (in a deliberately mixed-up phrase) the ‘open-source insurgency’. This  is the way in which the ex-head of US intelligence, now working for ‘contractor’*, Booz Allen Hamilton, Michael McConnell. is promoting the re-engineering of the Internet. This is necessary, it is argued, because the current openness of the Net means that terrorists and criminals can flourish. This re-engineering would make attribution, geo-location, intelligence analysis and impact assessment — who did it, from where, why and what was the result — more manageable”. In other words to close the Internet. remove everything that is innovative and democratic about it, and make it easier for agencies like the NSA to monitor it.

Along with a whole raft of measures like extending ‘lawful access’ regimes, introducing corporate-biased copyright and anti-peer-2-peer legislation, censorship and Net filtering, this is an attack on what the Internet has become and to turn it into something simply for consumption – something, in other words, more like television. But there is another layer here too – the US military, I suspect, still has a nostalgic longing for when the Internet was its private domain. It’s a long way from its origins, and now perhaps the military want it back. But it isn’t theirs anymore, it’s ours and we need to fight for it.

* or, more accurately, arm’s length consulting agency of the US state.

Microsoft takes Cryptome down!

John Young’s Cryptome is perhaps the world’s most informative repository of (now, not so) secret documents and whistleblower’s information. Around since 1996, and with its multiple mirror-sites and determined owner, governments have tried and failed to close it down. However now the evil monopolist and maker of appalling bloatware, Microsoft, has succeeded where states have failed by issuing copyright infringement threats against its ISP, Network Solutions. This apparently worried the company more than any government, and as seems to be the usual craven attitude in these cases, the ISP backed down. According to Wired, they have even put a block on the transfer of the domain name so John Young can’t move ISPs…

The problem was that Cryptome published a short Microsoft document, the Microsoft Online Services Global Criminal Compliance Handbook, about the storage and handling of user data held on online servers,which also offers advice on subpoena tactics, info about state backdoors and more. The odd thing is that this document is old news and openly available elsewhere on the web, including via the link above. Given Microsoft’s well-documented links to US intelligence, could this just be an excuse to take out Cryptome, which has revealed so much about the National Security Agency over the years? Or is this just Microsoft’s usual clumsy, blinkered legal blundering?

Where Will the Big Red Balloons Be Next?

The US Defence Advanced Research Projects Agency (DARPA) has launched a $40,000 competition ostensibly to see examine the way communication works in Web2.0. The competition will see whether disributed teams working together online can uncover the location of large red weather balloons moored across the USA.

The ‘DARPA Network Challenge’ “will explore the roles the Internet and social networking play in the timely communication, wide-area team-building, and urgent mobilization required to solve broad-scope, time-critical problems”.

All the headlines for this story have been verging on the amused (even The Guardian). Words like ‘whimsical’ and ‘wacky’ have been common. But it seems to me that this project has many underlying aims apart from those outlined in these superficial write-ups, not least of which are: how easily people in a culture of immediate gratification can be mobilised to state aims and in particular to do mundane intelligence and surveillance tasks (following the failure of simple old style rewards to work in the tracking down of Osama Bin Laden and other such problems), and 2, the prospects for manipulating ‘open-source intelligence’ in a more convenient manner, i.e. distributing military work and leveraging (a word the military loves) a new set of assets  – the online public, which is paradoxially characterised by both an often extreme scepticism and paranoia, but at the same time, a general superficiality and biddability.

DARPA, of course, was one of the originators of the Internet in the first place (as it continues to remind us), but the increasingly ‘open’ nature of emergent online cultures has meant that the US military now has a chronic anxiety about the security threats posed not so much by overt enemies as by the general loss of control – in fact, there’s been talk for a while of an ‘open-source insurgency’, a strategic notion that in one discursive twist elides terrorism and the open-source / open-access movement, and the CIA has recently bought into firms that specialize in Web 2.0 monitoring.

It seems rather reminiscent of both the post-WW2 remobilisation of US citizens in things like the 1950s ‘Skywatch’ programs (which Matt Farish from the University of Toronto has been studying) or more specifically, some of the brilliant novels of manipulation that emerged from that same climate, in particular Phillip K. Dick’s Time Out of Joint, in which unwitting dupe, Raggle Gumm, plots missile strikes for an oppressive government whilst thinking he’s winning a newspaper competition, ‘Where will the Little Green Man be Next?’

So, who’s going to be playing ‘Where Will the Big Red Balloons Be Next?’ then… ?

DARPA's Big Red Balloons (DARPA website)

UK pushes forward with online data retention plans

Like Canada, the UK is pushing forward with new plans to force telecommunications companies and ISPs to retain online data, despite opposition from both the industry and ordinary service users. The New Labour govenrment had delayed the plans from last year, faced with the strength of the opposition and launched a ‘consulation’. The consultation apparently still generated 40% opposition, which one would think was enough to tell them that something was wrong. But, as I said last year, “the collection of such traffic data will still go ahead… partly at least because the Americans want it; there is pressure on many countries for this kind of data collection and storage – see for example, the FRA law in Sweden. Networking these databases together with others is a major aim of the FBI’s secretive ‘Server in the Sky’ project.”

However, now the UK plans go further than many other countries’ schemes in this area, as they would cover not only traffic data but also a whole range of data which would not normally have been regarded as  traditional communications like social networking activity and even internal online gaming data. This would seem to be in line with US programs that regard the behaviour of – let’t not forget, fantasy – game and virtual world avatars as somehow indicative of real-world tendencies and practices (e.g.: Projects VACE and Reynard), an extremely dubious assumption and one which extends the reach of the state into people’s fantasy and dream lives.

The BBC story mentions an estimated 2Bn GBP (around $3.5 CAN) cost for this – which will no doubt be passed on to service users – but given the immense problems posed by some of this data, I would reckon that this could a massive underestimate, especially if one takes into account the UK state’s history of appallingly-managed computerisation and database-building schemes. The original plans also would have allowed all agencies empowered under the Regulation of Investigatory Powers Act (RIPA) to make use of such data, and the RIPA consultation response from the UK government did contain some indications that some new agencies would be given powers of access, but I am still not sure whether the government will keep the list of agencies as long as it was in last year’s draft Communications Bill.

Canadian Internet Snooping Law

I’ve noted before that there seems to be a concerted push around the world by governments to introduce comprehensive new telecoms surveillance laws that force telecommunications and Internet Service Providers (ISPs) to record, store, and provide access to and/or share with state intelligence agencies, the traffic and/or communications data of their customers (in other words, users like us). What is noticeably here is that there is a particular logic that appears in the arguments of governments who are attempting to persuade their parliaments or people of the need for such laws. This logic that is firstly, circular and self-referential, in that it makes reference to the fact that other governments have passed such laws as if this in itself provides some compelling reason for the law to be passed in their own country. The second part of this is a king of competitive disadvantage arguments that flows from the first argument: if ‘we’ don’t have this law, then somehow we are falling behind in a never openly discussed intelligence-capability race that will hit national technological innovation too.

The media often seem oblivious to what seems obvious, and hence the story on the CTV news site today with reference to Canada’s currently proposed communications law that would allow the Canadian Security and Intelligence Service (CSIS) warrantless access to such the data from Internet and telecoms providers. They consider it to be ‘unexpected’ that the parliamentary Security Intelligence Review Committee has come out in support of the bill. Looking at the reasons why though, they are exactly what one would expect if one has been following the debates around the world and contain exactly the logics I have outlined. The story notes that the committee “points out that governments in the United States and Europe have already passed laws requiring co-operation between security agencies and online service providers” (without, incidentally, pointing out that these remain enormously controversial, or that other governments have abandoned some of their attempts) and later that “intelligence technology… requires continued access to new talent and innovative research.” However they won’t go into details as it is a “very sensitive matter.”

And absent from this debate as usual is the fact that this is not just a question of ‘national security’ if you set up these systems, you feed the US National Security Agency too. Canadian intelligence is still bound by agreements made after WW2, particularly the CANUSA agreement on Signals Intelligence (SIGINT), later incorporated into the UKUSA structure. And as we all know, right now, the USA does not always have the same strategic interests as Canada (the issue of arctic sovereignty is just one example). If this bill is passed, it’s a license for US spies, not just Canadian ones.

CIA buys into Web 2.0 monitoring firm

Wired online has a report that the US Central Intelligence Agency has bought a significant stake in a market research firm called Visible Technologies that specializes in monitoring new social media such as blogs, mirco-blogs, forums, customer feedback sites and social networking sites (although not closed sites like Facebook – or at least that’s what they claim).  This is interesting but it isn’t surprising – most of what intelligence agencies has always been sifting through the masses of openly available information out there – what is now called open-source intelligence – but the fact is that people are putting more of themselves out their than ever before, and material that you would never have expected to be of interest to either commercial or state organisations is now there to be mined for useful data.

(thanks, once again to Aaron Martin for this).