Posts Tagged: Center for Democracy & Technology


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.”

Continue reading →