Hacking Team, Computer Vulnerabilities, and the NSA
schneier.com
schneier.com
Back around the year 2000 Microsoft was being beaten up for all the vulnerabilities in their software. So in 2002 Bill Gates announced "Trustworthy Computing".[1][2]
Microsoft Chairman Bill Gates announced a
major strategy shift across all its products,
including its flagship Windows software,
to emphasize security and privacy over new
capabilities.
In 2014 Microsoft finally threw in the last towel, folding the group they formed into other units. They gave up. Microsoft lost not because they were incompetent, but because the problem is too big to attack in a conventional manner.I don't know what the answer is, but we need to approach things very differently. To quote Dr. Peter Venkman: "the usual stuff isn't working".
[1] http://www.foxnews.com/story/2002/01/16/bill-gates-announces... [2] https://en.wikipedia.org/wiki/Trustworthy_computing
In terms of raw "national security" net gain, it's likely it would be more useful if kept secret and used offensively than if it was revealed and patched. Vulnerabilities are dime a dozen. Patching one zero day says nothing of the 10 more that are floating around at any given time.
The real way to fix security issues isn't to find new exploits and expose them. It's to architect new ways to prevent whole families of exploits from being possible. I've only really seen Project Zero do one sort of recommendation in this way. Outside of that, I don't feel that them finding 0days and releasing them is actually a significant improvement on security because they aren't even close to plugging all of the holes (or even enough to really make a difference).
This is a positive comment, not a normative one. I don't know how I feel about entities busting up companies like HT, but I do think I know that the world would be better off without companies like HT.
It is in fact probably unlawful for them to do so
I realize that the patriotic employees of the NSA work within a legal framework, and seemingly pride themselves on doing so. But they haven't bothered to share that framework with the rest of us. So my first response was to snicker to myself, and that's unfair to you.
Also, Hacking Team was Italian, not US, so would it really be illegal to slurp up all of HT's exploits? That is, if you want to stay within the bounds of the law, if not the bounds of ethical behavior.
They are definitely not allowed, under the Constitution, to monitor everyone, but they do it anyway. You know this too.
So why do you discuss legislation as if it mattered to the NSA, when their actions show it clearly doesn't?
The fact that they don't care about what laws say doesn't get any clearer than that.
The fact that no one from NSA has gone to jail for the NSA violating the Constitution shows.. well, pretty much that the government doesn't bother punishing itself for violating its own laws.
To be fair, that would be kind of silly, after all.
The appeals court did not rule on whether the surveillance violated the U.S. Constitution.
The second link has a ton of links. The first one is only referring to a preliminary injunction; i.e., it found that "there's a good chance the plaintiff will win", but did not find in favor of the plaintiff. As far as I can tell, all the other links there are about the same ruling.
The third link is talking about that same ruling, again:
A federal judge said Monday that he believes the government's once-secret collection of domestic phone records is unconstitutional
Emphasis on believes; that was not a judicial finding that the government violated the constitution.
He didn't even order the government to stop:
However, he put off enforcing his order barring the government from collecting the information, pending an appeal by the government.
What happened on appeal? http://www.cadc.uscourts.gov/internet/opinions.nsf/ED64DC482..., or a more readable summary here http://www.bloomberg.com/news/articles/2015-08-28/u-s-appeal... and http://www.ibtimes.com/nsa-phone-surveillance-ruling-reverse...
The Constitution is strictly a metric by which courts decide what laws are allowed to say. It binds Congress, not other government workers. And there's generally a presumption that a law is legal until decided to be unconstitutional in court, otherwise people would be afraid to do their jobs.
It is true that such would be unlikely to be prosecuted, especially if it was authorized from above (and, depending on how it was authorized, there might even be a legal defense -- while ignorance of the law is not a defense, reasonable reliance on legal representations of those responsible for enforcing the law can be), but there is a specific criminal statute that applies to government employees acting deliberately contrary to Constitutional rights (deprivation of rights under color of law, 18 USC Sec. 242.) And an unconstitutional program might also violate the criminal provisions of FISA.
So its not impossible for them to end up in jail, just unlikely for them to prosecuted.
> That's not how the Constitution works.
Sure, the Constitution itself doesn't provide criminal penalties, but there (as noted above) are statutory provisions creating criminal liability for government officers that use their position to deny people Constitutionally-protected rights.
> The Constitution is strictly a metric by which courts decide what laws are allowed to say. It binds Congress, not other government workers.
This is not, in fact, true. Government actions by actors other than Congress, and not justified by appeals to statute, can be decided on Constitutional grounds, both negative (Constitutional limitations) and positive (questions of whether positive authority is granted.)
Some parts of the Constitution, by their own terms, bind Congress directly (but even these have often been construed as more general restrictions on government power even when not exercised through Congress.)
Thank you for that. I think this would come under the "reasonable reliance on legal representations of those responsible for enforcing the law". Is the fact that a (later-to-be-declared-unconstitutional) law allows something itself a defense? I would strongly expect that to be the case, so to the extent that NSA programs were authorized by the Patriot act, even if said act is unconstitutional, workers would be immune.
In any event, following a later-declared-unconstitutional law does not seem to qualify as "deliberately contrary to Constitutional".
>Sure, the Constitution itself doesn't provide criminal penalties, but there (as noted above) are statutory provisions creating criminal liability for government officers that use their position to deny people Constitutionally-protected rights.
Fair enough.
>Government actions by actors other than Congress, and not justified by appeals to statute, can be decided on Constitutional grounds, both negative (Constitutional limitations) and positive (questions of whether positive authority is granted.)
If an action isn't warranted by statute, why would a court consider Constitutional issues at all? What about https://en.wikipedia.org/wiki/Constitutional_avoidance
Could you give an example?
(It can also bind other legislators, not just Congress, and can bind anyone after a court ruling, but that shouldn't get to criminal liability except insofar as that statute you mentioned above).
The NSA is a criminal organisation. I don't say everything they do is crime or that is there sole raison d'etre just that they don't care about the rule of law. The law is something that they don't need to worry about at all.
Does anyone really dispute that? "I gave the least untruthful answer I could..." Lying under oath. No consequences for that crime or any other.
No respect for the rule of law.
Please don't miss that point, the rule of law is the point, it is a necessary condition for a civilized society and MOST ESPECIALLY the government needs to be bound by it.
> the rule of law is the point, it is a necessary condition for a civilized society and MOST ESPECIALLY the government needs to be bound by it
You seem to be overlooking the fact that the organization that makes the laws is, by definition, above them. The government is not bound by its own laws any more than a King or Emperor by his, back in the day.
The reason why you see crimes go unpunished is that people with political power and/or connections are effectively above the law.
This is just your cognitive dissonance talking.
You can say "NO" a million times, but Bradley Manning was just imprisoned without trial (and tortured for months.. years?), even though Habeas Corpus was supposed to apply.
> The president murders their spouse, expect them to be charged.
Why would you expect that? If the president murders his spouse, he's probably reasonably sure he'll get away with it. Otherwise he probably wouldn't.
> By definition the rule of law applies to all.
That's what we're trained to believe.. so many TV shows and movies show police officers risking their lives in fighting crime and courts being fair and just and all, but have you ever dealt with the court system? Did you get justice?
You've probably heard of "plea-bargaining", right? http://www.truth-out.org/news/item/12556-overwhelming-use-of...
People are blackmailed into accepting a punishment for something they haven't done, to avoid the potential life-ruining punishment for whatever outrageous bullshit they're charged with (that they haven't done either).
And you insist that everything is fine?
Maybe this will clarify things: https://www.youtube.com/watch?v=BNIgztvyU2U
I won't.
So many civilians get this wrong it isn't funny, but the only code that applies to US military members is the UCMJ (uniformed code of military justice), of which Bradley (now Chelsea) Manning was a member of.
Source: I'm a US Army veteran and learned all about this.
1. The NSA has access to more info on both good crypto and broken crypto
2. Hacking Team's software & infrastructure were clearly vulnerable, otherwise they wouldn't have been hacked
3. Leaked docs show that NSA hacks everyone they possibly can, to get as much information as they possibly can.
It's really not a big leap to assume that NSA infiltrated Hacking Team's infrastructure, if anything I would think it's harder to believe they wouldn't have.
So if some Joe Schmoe broke into Hacking Team's system, I think it's pretty reasonable to assume that NSA did as well
But just so I can understand what you're saying, why do you think it's a big assumption?
Edit: Formating.
Here's another thought: what if the NSA hacked Hacking Team, and they were also the ones to release all the data publicly.
Re: #3 – do you have any links to that info? (I'm not challenging you to prove what you said, I'm just curious, if you don't have anything readily available, I'll Google search like a good Internet commenter :))
https://snowdenarchive.cjfe.org/greenstone/collect/snowden1/...
Quote:
For the past decade, NSA has lead an
aggressive, multi-pronged effort to break widely
used Internet encryption technologies
Their Motto: "We penetrate targets' defences."That would more likely be a GCHQ or MI5 or MI6 motto than an NSA motto.
A quick bit of Googling finds that the "PTD" in the slides refers to GCHQ's Penetration Targeting Defences unit. So it's their motto. Which explains the spelling.
I am reviewing some of the documents Snowden has
provided to the Guardian. Because of the delicate
nature of this, I cannot comment on what I have seen.
[1]http://www.technologyreview.com/news/519336/bruce-schneier-n...My take on this post on his blog is that it's probably a stretch for him to be analyzing the Hacking Team story in any depth.
So the same logic suggests that NSA has owned up every company of any real size in the world.
Could NSA do that? Absolutely yes. Did they? I doubt it. I do not see how NSA secures a single extra headcount by illicitly hacking every US and/or European company, and securing additional headcount is literally the core mission of NSA.
I can say that I used to work for one, and our departments' network was literally air gapped (not joking). Internal systems could not reach out, and no one could reach in. It was impossible for us to work remotely, because even a VPN wasn't set up. There was no physical connectivity.
But there's a difference between Hacking Team and every company on the Fortune 500: Hacking Team was in the Exploit business, they literally made money selling weaponized exploits to US enemies, and possibly allies.
If anything, I think that's literally the NSA's directive in collecting foreign intelligence.
Meaning, I believe if there was one foreign business that the NSA would spy on (and lets face it, I don't know that many), I think Hacking Team would absolutely be at the top of their list, purely for logical reasons.
But.....I also completely admit that my statement was an assumption, a "bet". I'm not guaranteeing anything, and I really don't care. I'm just over here, arm-chair quarterbacking this shit, haha.
Are you serious? Because there's no proof or mention of it anywhere. You're making an assumption based on literally nothing more than "well obviously, based on what I've read on the Internet, they could have done it so they must have". You're bending facts to fit a worldview, something I'm sure you yourself detest elsewhere in life.
This is like Russell's Teapot but for the NSA. You're shifting the burden of proof to someone who now has to prove a negative.
They did it, until they show me otherwise.
So, you want them to prove a negative? Just trying to be clear.
I bet a dime-to-a-dollar that should they be accused, they'd release a non-statement to the press:
"We cannot comment on...."
We know that the NSA spied on Google, Yahoo, and Microsoft, and those are our own (US) companies.
Hacking Team produced weaponized exploits/crypto/stuffs and sold it to US enemies and allies.
Having read through the documents, I assert that it's a small/likely/reasonable assumption.
It's literally the NSAs mission statement to defend the US against foreign intelligence.....how is Hacking Team not a perfect example of an appropriate target for them?
As for defense, they obviously didnt pass along what they found. If securing US networks was the reason for hacking, they completely failed to accomplish their goal.
This is the NSA's mission statement:
The National Security Agency/Central Security Service
(NSA/CSS) leads the U.S. Government in cryptology that
encompasses both Signals Intelligence (SIGINT) and
Information Assurance (IA) products and services,
and enables Computer Network Operations (CNO) in order
to gain a decision advantage for the Nation and our
allies under all circumstances.
And again, considering that HT sold weaponized crypto to non-allied countries, it's by definition "interesting" intelligence (in relation to the NSA).Also, I'm quite sure that the language in that statement indicates more of an offensive role than defensive, since that's usually what "advantage" signifies.
Even if their purpose was defense, the way our Government is set up, it's defense of the government, not the governed, so you can't say with any confidence that they didn't patch internal systems that mattered to them.
Then the software becomes a direct threat to their agents/allies overseas and it needed to be neutralized. That is the kind of competition you do not want as a state actor.
I also think Gamma International was the victim of a foreign intelligence agency. I don't believe the privacy-minded hacker Robin Hood stories anymore.
Well done, Bruce.
Though I agree that over the past few years, Schneier's posts have been less substantial in analysis and contain more "thought experiments". I enjoyed his blog way more when it was restricted to the subject he has expertise in, i.e. cryptography.
"The NSA was most likely able to penetrate Hacking Team's network and steal the same data. The agency probably did it years ago."
Nothing too ambiguous about that assertion.
Teach us more.
The value of the opinion of that other guy that you mentioned is way more than zero - he gets invited to conferences, publishes in peer-reviewed journals, publishes free security software etc. So, people actually listen to what he says.
How dare someone think critically. Not on your watch.
Basically, you are just like a 4-year old begging for attention. You will get some, but unlike 4-year old, it will wane quickly. All the best!