Posts Tagged: Center for Democracy & Technology


26
May 18

Why Is Your Location Data No Longer Private?

The past month has seen one blockbuster revelation after another about how our mobile phone and broadband providers have been leaking highly sensitive customer information, including real-time location data and customer account details. In the wake of these consumer privacy debacles, many are left wondering who’s responsible for policing these industries? How exactly did we get to this point? What prospects are there for changes to address this national privacy crisis at the legislative and regulatory levels? These are some of the questions we’ll explore in this article.

In 2015, the Federal Communications Commission under the Obama Administration reclassified broadband Internet companies as telecommunications providers, which gave the agency authority to regulate broadband providers the same way as telephone companies.

The FCC also came up with so-called “net neutrality” rules designed to prohibit Internet providers from blocking or slowing down traffic, or from offering “fast lane” access to companies willing to pay extra for certain content or for higher quality service.

In mid-2016, the FCC adopted new privacy rules for all Internet providers that would have required providers to seek opt-in permission from customers before collecting, storing, sharing and selling anything that might be considered sensitive — including Web browsing, application usage and location information, as well as financial and health data.

But the Obama administration’s new FCC privacy rules didn’t become final until December 2016, a month after then President-elect Trump was welcomed into office by a Republican controlled House and Senate.

Congress still had 90 legislative days (when lawmakers are physically in session) to pass a resolution killing the privacy regulations, and on March 23, 2017 the Senate voted 50-48 to repeal them. Approval of the repeal in the House passed quickly thereafter, and President Trump officially signed it on April 3, 2017.

In an op-ed published in The Washington Post, Ajit Pai — a former Verizon lawyer and President Trump’s pick to lead the FCC — said “despite hyperventilating headlines, Internet service providers have never planned to sell your individual browsing history to third parties.”

FCC Commissioner Ajit Pai.

“That’s simply not how online advertising works,” Pai wrote. “And doing so would violate ISPs’ privacy promises. Second, Congress’s decision last week didn’t remove existing privacy protections; it simply cleared the way for us to work together to reinstate a rational and effective system for protecting consumer privacy.”

Sen. Bill Nelson (D-Fla.) came to a different conclusion, predicting that the repeal of the FCC privacy rules would allow broadband providers to collect and sell a “gold mine of data” about customers.

“Your mobile broadband provider knows how you move about your day through information about your geolocation and internet activity through your mobile device,” Nelson said. The Senate resolution “will take consumers out of this driver’s seat and place the collection and use of their information behind a veil of secrecy.”

Meanwhile, pressure was building on the now Republican-controlled FCC to repeal the previous administration’s net neutrality rules. The major ISPs and mobile providers claimed the new regulations put them at a disadvantage relative to competitors that were not regulated by the FCC, such as Amazon, Apple, Facebook and Google.

On Dec. 14, 2017, FCC Chairman Pai joined two other Republic FCC commissioners in a 3-2 vote to dismantle the net neutrality regulations.

As The New York Times observed after the net neutrality repeal, “the commission’s chairman, Ajit Pai, vigorously defended the repeal before the vote. He said the rollback of the rules would eventually benefit consumers because broadband providers like AT&T and Comcast could offer them a wider variety of service options.”

“We are helping consumers and promoting competition,” Mr. Pai said. “Broadband providers will have more incentive to build networks, especially to underserved areas.”

MORE OR LESS CHOICE?

Some might argue we’ve seen reduced competition and more industry consolidation since the FCC repealed the rules. Major broadband and mobile provider AT&T and cable/entertainment giant Time Warner are now fighting the Justice Department in a bid to merge. Two of the four-largest mobile telecom and broadband providers — T-Mobile and Sprint — have announced plans for a $26 billion merger.

The FCC privacy rules from 2016 that were overturned by Congress sought to give consumers more choice about how their data was to be used, stored and shared. But consumers now have less “choice” than ever about how their mobile provider shares their data and with whom. Worse, the mobile and broadband providers themselves are failing to secure their own customers’ data.

This month, it emerged that the major mobile providers have been giving commercial third-parties the ability to instantly look up the precise location of any mobile subscriber in real time. KrebsOnSecurity broke the news that one of these third parties — LocationSmartleaked this ability for years to anyone via a buggy component on its Web site.

LocationSmart’s demo page featured a buggy component which allowed anyone to look up anyone else’s mobile device location, in real time, and without consent.

We also learned that another California company — Securus Technologies — was selling real-time location lookups to a number of state and local law enforcement agencies, and that accounts for dozens of those law enforcement officers were obtained by hackers.  Securus, it turned out, was ultimately getting its data from LocationSmart.

This week, researchers discovered that a bug in T-Mobile’s Web site let anyone access the personal account details of any customer with just their cell phone number, including full name, address, account number and some cases tax ID numbers.

Not to be outdone, Comcast was revealed to have exposed sensitive information on customers through a buggy component of its Web site that could be tricked into displaying the home address where the company’s wireless router is located, as well as the router’s Wi-Fi name and password.

It’s not clear how FCC Chairman Pai intends to “reinstate a rational and effective system for protecting consumer privacy,” as he pledged after voting last year to overturn the 2015 privacy rules. The FCC reportedly has taken at least tentative steps to open an inquiry into the LocationSmart debacle, although Sen. Ron Wyden (D-Ore.) has called on Chairman Pai to recuse himself on the inquiry because Pai once represented Securus as an attorney. (Wyden also had some choice words for the wireless companies).

The major wireless carriers all say they do not share customer location data without customer consent or in response to a court order or subpoena. Consent. All of these carriers pointed me to their privacy policies. It could be the carriers believe these policies clearly explain that simply by using their wireless device customers have opted-in to having their real-time location data sold or given to third-party companies.

Michelle De Mooy, director of the privacy and data project at the Center for Democracy & Technology (CDT), said if the mobile giants are burying that disclosure in privacy policy legalese, that’s just not good enough.

“Even if they say, ‘Our privacy policy says we can do this,’ it violates peoples’ reasonable expectations of when and why their location data is being collected and how that’s going to be used. It’s not okay to simply point to your privacy policies and expect that to be enough.”

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1
Aug 17

New Bill Seeks Basic IoT Security Standards

Lawmakers in the U.S. Senate today introduced a bill that would set baseline security standards for the government’s purchase and use of a broad range of Internet-connected devices, including computers, routers and security cameras. The legislation, which also seeks to remedy some widely-perceived shortcomings in existing cybercrime law, was developed in direct response to a series of massive cyber attacks in 2016 that were fueled for the most part by poorly-secured “Internet of Things” (IoT) devices.

iotc

The IoT Cybersecurity Improvement Act of 2017 seeks to use the government’s buying power to signal the basic level of security that IoT devices sold to Uncle Sam will need to have. For example, the bill would require vendors of Internet-connected devices purchased by the federal government make sure the devices can be patched when security updates are available; that the devices do not use hard-coded (unchangeable) passwords; and that vendors ensure the devices are free from known vulnerabilities when sold.

The bill, introduced by Sens. Steve Daines (R-Mont.), Cory Gardner (R-Colo.), Mark Warner (D-Va.) and Ron Wyden (D-Ore.), directs the White House Office of Management and Budget (OMB) to develop alternative network-level security requirements for devices with limited data processing and software functionality. In addition, it requires each executive agency to inventory all Internet-connected devices in use by the agency.

The bill’s provisions would seem to apply to virtually any device that has an Internet connection and can transmit data. Under the proposal, an IoT device has a fairly broad definition, being described as “a physical object that is capable of connecting to and is in regular connection with the Internet;” and one that “has computer processing capabilities that can collect, send or receive data.” Continue reading →


27
Oct 15

Cybersecurity Information (Over)Sharing Act?

The U.S. Senate is preparing to vote on cybersecurity legislation that proponents say is sorely needed to better help companies and the government share information about the latest Internet threats. Critics of the bill and its many proposed amendments charge that it will do little, if anything, to address the very real problem of flawed cybersecurity while creating conditions that are ripe for privacy abuses. What follows is a breakdown of the arguments on both sides, and a personal analysis that seeks to add some important context to the debate.

Up for consideration by the full Senate this week is the Cybersecurity Information Sharing Act (CISA), a bill designed to shield companies from private lawsuits and antitrust laws if they seek help or cooperate with one another to fight cybercrime. The Wall Street Journal and The Washington Post each recently published editorials in support of the bill.

Update, 6:57 p.m. ET: The Senate this afternoon passed CISA by a vote of 74-21.

Original story:

“The idea behind the legislation is simple: Let private businesses share information with each other, and with the government, to better fight an escalating and constantly evolving cyber threat,” the WSJ said in an editorial published today (paywall). “This shared data might be the footprint of hackers that the government has seen but private companies haven’t. Or it might include more advanced technology that private companies have developed as a defense.”

“Since hackers can strike fast, real-time cooperation is essential,” the WSJ continued. “A crucial provision would shield companies from private lawsuits and antitrust laws if they seek help or cooperate with one another. Democrats had long resisted this legal safe harbor at the behest of plaintiffs lawyers who view corporate victims of cyber attack as another source of plunder.”

The Post’s editorial dismisses “alarmist claims [that] have been made by privacy advocates who describe it as a ‘surveillance’ bill”:

“The notion that there is a binary choice between privacy and security is false. We need both privacy protection and cybersecurity, and the Senate legislation is one step toward breaking the logjam on security,” the Post concluded. “Sponsors have added privacy protections that would scrub out personal information before it is shared. They have made the legislation voluntary, so if companies are really concerned, they can stay away. A broad coalition of business groups, including the U.S. Chamber of Commerce, has backed the legislation, saying that cybertheft and disruption are “advancing in scope and complexity.”

But critics of CISA say the devil is in the details, or rather in the raft of amendments that may be added to the bill before it’s passed. The Center for Democracy & Technology (CDT), a nonprofit technology policy group based in Washington, D.C., has published a comprehensive breakdown of the proposed amendments and their potential impacts.

CDT says despite some changes made to assuage privacy concerns, neither CISA as written nor any of its many proposed amendments address the fundamental weaknesses of the legislation. According to CDT, “the bill requires that any Internet user information volunteered by a company to the Department of Homeland Security for cybersecurity purposes be shared immediately with the National Security Agency (NSA), other elements of the Intelligence Community, with the FBI/DOJ, and many other Federal agencies – a requirement that will discourage company participation in the voluntary information sharing scheme envisioned in the bill.”

CDT warns that CISA risks turning the cybersecurity program it creates into a backdoor wiretap by authorizing sharing and use of CTIs (cyber threat indicators) for a broad array of law enforcement purposes that have nothing to do with cybersecurity. Moreover, CDT says, CISA will likely introduce unintended consequences:

“It trumps all law in authorizing companies to share user Internet communications and data that qualify as ‘cyber threat indicators,’ [and] does nothing to address conduct of the NSA that actually undermines cybersecurity, including the stockpiling of zero day vulnerabilities.”

ANALYSIS

On the surface, efforts to increase information sharing about the latest cyber threats seem like a no-brainer. We read constantly about breaches at major corporations in which the attackers were found to have been inside of the victim’s network for months or years on end before the organization discovered that it was breached (or, more likely, they were notified by law enforcement officials or third-party security firms).

If only there were an easier way, we are told, for companies to share so-called “indicators of compromise” — Internet addresses or malicious software samples known to be favored by specific cybercriminal groups, for example — such breaches and the resulting leakage of consumer data and corporate secrets could be detected and stanched far more quickly.

In practice, however, there are already plenty of efforts — some public, some subscription-based — to collect and disseminate this threat data. From where I sit, the biggest impediment to detecting and responding to breaches in a more timely manner comes from a fundamental lack of appreciation — from an organization’s leadership on down — for how much is riding on all the technology that drives virtually every aspect of the modern business enterprise today. While many business leaders fail to appreciate the value and criticality of all their IT assets, I guarantee you today’s cybercrooks know all too well how much these assets are worth. And this yawning gap in awareness and understanding is evident by the sheer number of breaches announced each week. Continue reading →


16
Sep 13

WHOIS Privacy Plan Draws Fire

Internet regulators are pushing a controversial plan to restrict public access to WHOIS Web site registration records. Proponents of the proposal say it would improve the accuracy of WHOIS data and better protect the privacy of people who register domain names. Critics argue that such a shift would be unworkable and make it more difficult to combat phishers, spammers and scammers.

ardsA working group within The Internet Corporation for Assigned Names and Numbers (ICANN), the organization that oversees the Internet’s domain name system, has proposed scrapping the current WHOIS system — which is inconsistently managed by hundreds of domain registrars and allows anyone to query Web site registration records. To replace the current system, the group proposes creating a more centralized WHOIS lookup system that is closed by default.

According to an interim report (PDF) by the ICANN working group, the WHOIS data would be accessible only to “authenticated requestors that are held accountable for appropriate use” of the information.

“After working through a broad array of use cases, and the myriad of issues they raised, [ICANN’s working group] concluded that today’s WHOIS model—giving every user the same anonymous public access to (too often inaccurate) registration data—should be abandoned,” ICANN’s “expert working group” wrote. The group said it “recognizes the need for accuracy, along with the need to protect the privacy of those registrants who may require heightened protections of their personal information.”

The working group’s current plan envisions creating what it calls an “aggregated registration directory service” (ARDS) to serve as a clearinghouse that contains a non-authoritative copy of all of the collected data elements. The registrars and registries that operate the hundreds of different generic top-level domains (gTLDs, like dot-biz, dot-name, e.g.) would be responsible for maintaining the authoritative sources of WHOIS data for domains in their gTLDs. Those who wish to query WHOIS domain registration data from the system would have to apply for access credentials to the ARDS, which would be responsible for handling data accuracy complaints, auditing access to the system to minimize abuse, and managing the licensing arrangement for access to the WHOIS data.

The plan acknowledges that creating a “one-stop shop” for registration data also might well paint a giant target on the group for hackers, but it holds that such a system would nevertheless allow for greater accountability for validating registration data.

Unsurprisingly, the interim proposal has met with a swell of opposition from some security and technology experts who worry about the plan’s potential for harm to consumers and cybercrime investigators.

“Internet users (individuals, businesses, law enforcement, governments, journalists and others) should not be subject to barriers – including prior authorization, disclosure obligations, payment of fees, etc. – in order to gain access to information about who operates a website, with the exception of legitimate privacy protection services,” reads a letter (PDF) jointly submitted to ICANN last month by G2 Web Services, OpSec Security, LegitScript and DomainTools.

“Internet users have the right to know who is operating a website they are visiting (or, the fact that it is registered anonymously),” the letter continues. “Today, individuals review full WHOIS records and, based on any one of the fields, identify and report fraud and other abusive behaviors; journalists and academics use WHOIS data to conduct research and expose miscreant behavior; and parents use WHOIS data to better understand who they (or their children) are dealing with online. These and other uses improve the security and stability of the Internet and should be encouraged not burdened by barriers of a closed by default system.”

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