There are two types of laws in the U.S., each designed to constrain a different type of power: constitutional law, which places limitations on government, and regulatory law, which constrains corporations. Historically, these two areas have largely remained separate, but today each group has learned how to use the other’s laws to bypass their own restrictions. The government uses corporations to get around its limits, and corporations use the government to get around their limits.
This partnership manifests itself in various ways. The government uses corporations to circumvent its prohibitions against eavesdropping domestically on its citizens. Corporations rely on the government to ensure that they have unfettered use of the data they collect.
Here’s an example: It would be reasonable for our government to debate the circumstances under which corporations can collect and use our data, and to provide for protections against misuse. But if the government is using that very data for its own surveillance purposes, it has an incentive to oppose any laws to limit data collection. And because corporations see no need to give consumers any choice in this matter – because it would only reduce their profits – the market isn’t going to protect consumers, either.
Category: Links
Mr. Cope, I am Canadian. Like virtually every other Canadian I know, I rely on my mobile phone in my personal life and for my livelihood on a daily basis. The “critical situation” I face comes every month, when I open my wireless bill wondering whether I’ll be able to afford to pay it. Your company, along with Canada’s other major wireless providers, have had 30 years to address this situation. But you’ve failed. Posting huge profits and paying dividends year after year might satisfy your shareholders, but individual Canadians and their families are being hung out to dry. It’s time for a change. Faced with a choice between an American company fighting to gain a foothold in a hostile market or a Canadian one who takes my hard earned money for granted, I’ll pick the lesser of two evils. And if you don’t know which that is by now, I’ll happily send you a copy of my monthly phone bill.
How Stephen Harper is rewriting history
Starting with a $25-million museum overhaul, the Conservatives want to change the way Canadians perceive their past
A good article on the relationship between changing what and how museums present as Canadian history, and contemporary Canadian identity.
Researchers have found, once again, that sensitive systems have been placed on the Internet without even the most basic of security precautions. The result?
Analyzing a database of a year’s worth of Internet scan results [H.D. Moore]’s assembled known as Critical.io, as well as other data from the 2012 Internet Census, Moore discovered that thousands of devices had no authentication, weak or no encryption, default passwords, or had no automatic “log-off” functionality, leaving them pre-authenticated and ready to access. Although he was careful not to actually tamper with any of the systems he connected to, Moore says he could have in some cases switched off the ability to monitor traffic lights, disabled trucking companies’ gas pumps or faked credentials to get free fuel, sent fake alerts over public safety system alert systems, and changed environmental settings in buildings to burn out equipment or turn off refrigeration, leaving food stores to rot.
Needless to say, Moore’s findings are telling insofar as they reveal that engineers responsible for maintaining our infrastructures are often unable to secure those infrastructures from third-parties. Fortunately, it doesn’t appear that a hostile third-party has significantly taken advantage of poorly-secured and Internet-connected equipment, but it’s really only a matter until someone does attack this infrastructure to advance their own interests, or simply to reap the lulz.
Findings like Moore’s are only going to be more commonly produced as more and more systems are integrated with the Internet as part of the ‘Internet of Things’. It remains to be seen whether vulnerabilities will routinely be promptly resolved, especially with legacy equipment that enjoys significant sunk costs and limited capital for ongoing maintenance. Given the cascading nature of failures in an interconnected and digitized world, failing to secure our infrastructure means that along with natural disasters we may get to ‘enjoy’ cyber disasters that are both harder to positively identify or subsequently remedy when/if appropriately identified.
Washington’s Blog has an excellent, if somewhat long, post that outlines the significance of the NSA’s ‘three hop’ analysis. It collects and provides some numbers behind basic communications network analyses, and comes to the conclusion that upwards to 2.5 million Americans could be “caught up in dragnet for each suspected terrorist, means that a mere 140 potential terrorists could lead to spying on all Americans. There are tens of thousands of Americans listed as suspected terrorists … including just about anyone who protests anything that the government or big banks do.”
Go read the full post. Some of the numbers are a bit speculative, but on the whole it does a good job showing why ‘three hop’ analyses are so problematic: such analyses disproportionately collect data on American citizens the basis of the most limited forms of suspicion. Such surveillance should be set aside because it constitutes an inappropriate infringement on individuals’ and communities’ reasonable expectations of privacy; it runs counter to how a well ordered and properly functioning democracy should operate in theory and in practice.
AT&T’s recent patent to detect and act on network-based copyright infringement raises significant red flags for network neutrality advocates. However, we need to look beyond the most obvious (and nefarious!) red flags: when examining corporate surveillance prospects we need to reflect on the full range of reasons behind the practice. Only in taking this broader, and often more nuanced, view are we likely to come closer to the truth of what is actually going on, and why. And, if we don’t get closer to the specific truth of the situation, at least we can better understand the battleground and likely terms of the conflict.
Persuant to my last post on cryptography and pixie dust, it’s helpful to read through Matt Green’s highly accessible article “How to ‘backdoor’ an encryption app.” You’ll find that companies have a host of ways of enabling third-party surveillance, ranging from overt deception to having access to communications metadata to compromising their product’s security if required by authorities. In effect, there are lots of ways that data custodians can undermine their promises to consumers, and it’s pretty rare that the public ever learns that the method(s) used to secure their communications have either been broken or are generally ineffective.
Constraints
Every product is constrained. Choose to optimise your compromises, whether you’re designing or just buying.
Matt has written one of the most succinct and clear pieces on product constraints. It’s well worth the time to read and subsequently mull over.
David Sirota of Salon has developed an excellent set of terms to speed along discussions about the contemporary American surveillance state. My own favorites include:
Least untruthful: A new legal doctrine that allows an executive branch official to issue a deliberate, calculated lie to Congress yet avoid prosecution for perjury, as long as the official is protecting the executive branch’s political interests. Usage example: Director of National Intelligence James Clapper avoided prosecution for perjury because he insisted that the blatant lie he told to Congress was merely the “least untruthful” statement he could have made.
And:
Modest encroachment: A massive, indiscriminate intrusion. Usage example: President Obama has deemed the NSA’s “collect it all” surveillance operation, which has captured 20 trillion information transactions and touches virtually all aspects of American life, a “modest encroachment” on citizens’ right to privacy.
The full listing of terms is depressingly cynical. However, the persistent – if often humorous – turn to cynicism may ultimately limit how politicians address and respond to Snowden’s surveillance revelations. What Snowden confirmed raises existential challenges to the potential to imagine, let alone actualize, a deliberative democratic state. The accompanying risk is that instead of addressing such challenges head on, citizens may retreat to cynicism rather than engaging in the hard work of recuperating their increasingly-authoritarian democratic institutions. We’re at a point where we need a more active, not more withdrawn and bemused, citizen response to government excesses.