csoghoian
Joined 15 years ago
Joined 15 years ago
Apply here: https://apply.opentech.fund/red-team-lab/
The FTC, in contrast, is a consumer protection agency. They don't kick down doors and they don't arrest people.
And yes, many security researchers have shared their prepublication research with the FTC.
Did you provide the Federal Trade Commission with an advance copy of your report, or just DHS? If not, why not?
As such, I put a Band-Aid over my webcam.
Now if only I could figure out an equally easy way to reliably disable my laptop microphone without opening up the laptop and cutting the cable.
The first, before public comments were even solicited, resulted in DOJ dropping one of their proposed changes to rule 41, which would have permitted the gov to piggyback from a hacked target's computer to a cloud account (such as Dropbox or Google), rather than the gov going to the cloud provider with a warrant.
While our first comment does indeed describe and quote from some alternative language proposed by Orin Kerr, I don't think it is fair to describe that as evidence of ACLU approval of hacking of users whose location cannot be determined. For example, in that comment, we note that:
[U]nder Professor Kerr’s language, the government would still be able to obtain warrants to use malware, zero-day exploits, and other techniques that raise serious constitutional and policy questions.
2. While some public interest groups and tech policy advocates are publicly (or, in some cases, privately) embracing the idea of giving law enforcement formal, regulated hacking powers, in a desperate attempt to push back against legislative pressure for crypto backdoors, I'm thankful that the ACLU has not done so. If the organization does at some point decide to come out in favor of law enforcement hacking, I strongly doubt my name will be on that document.
[I'll note, however, that one of the great perks that come with working for the ACLU is that it's perfectly OK to disagree with some of the organizations' official policy positions. I'm not forced to tow the company line publicly on issues in which I disagree.]
3. Just so all of my cards are on the table. I'm volunteering, unpaid, as an expert for the defense in several of the Playpen FBI watering hole cases. I am strongly opposed to bulk hacking, enough so to volunteer my time to helping to fight the FBI's use of this outrageous surveillance technique.
4. The FBI being able to remotely activate webcams without the light turning on is not an "unsourced anonymous claim".
From the Washington Post story, linked to in my comment above:
The FBI has been able to covertly activate a computer’s camera — without triggering the light that lets users know it is recording — for several years, and has used that technique mainly in terrorism cases or the most serious criminal investigations, said Marcus Thomas, former assistant director of the FBI’s Operational Technology Division in Quantico.
On the issue of courts authorizing the searching of wrong people, we don't know if the court in Freedom Hosting even knew that the government would deliver the malware to innocent people who were merely visiting other websites hosted from the same server as the contraband sites targeted by the warrant. We don't know this, because three years later, the freedom hosting search warrant is still sealed.
Although DOJ has been using malware for nearly fifteen years, it never sought a formal expansion of legal authority from Congress. There has never been a Congressional hearing, nor do DOJ/FBI officials ever talk explicitly about this capability.
The Rule 41 proposal before this advisory committee was the first ever opportunity for civil society groups, including my employer, the ACLU, to weigh in. We, along with several other groups, submitted comments and testified in person.
Our comments can be seen here [3,4]. Incidentally, it was while doing the research for our second comment that I discovered that the FBI had impersonated the Associated Press as part of a malware operation in 2007 [5].
Ultimately, the committee voted to approve the change to the rules requested by DOJ. In doing so, the committee dismissed the criticism from the civil society groups, by saying that we misunderstood the role of the committee, that the committee was not being asked to weigh in on the legality of the use of hacking by law enforcement, and that "[m]uch of the opposition [to the proposed rule change] reflected a misunderstanding of the scope of the proposal...The proposal addresses venue; it does not itself create authority for electronic searches or alter applicable statutory or constitutional requirements."
[1] http://www.nytimes.com/2016/04/14/technology/fbi-tried-to-de...
[2] https://www.washingtonpost.com/business/technology/2013/12/0...
[3] https://www.aclu.org/sites/default/files/assets/aclu_comment...
[4] https://www.aclu.org/files/assets/aclu_comment_on_remote_acc...
[5] http://bigstory.ap.org/article/23f882720e564b918d83abb18cd5d...
The three Tor watering hole operations (Freedom Hosting, Torpedo and Playpen) are the only cases we know of where DOJ has obtained a warrant from a single judge which it then used to conduct searches on hundreds or thousands of computers. DOJ did not seek new powers to conduct bulk searches/hacks from Congress, they just went ahead and got an ex-parte warrant from a judge. In the case of Freedom Hosting, it looks like they also screwed up and then hacked the computers of innocent people visiting other, non contraband sites, hosted on the same server.
I think that reasonable people can disagree about whether or not it makes sense to allow a judge to sign a warrant to hack a single computer in an unknown location which is probably outside of his or her district. Bulk hacks are very, very different, and a very new thing for our legal system.
Weev took the data provided to him by his codefendant and gave it to Gawker.
(I know, because I worked there for a year)