Five Eyes Unlimited: What A Global Anti-Encryption Regime Could Look Like



  • This week, the political heads of the intelligence services of Canada, New Zealand, Australia, the United Kingdom, and the United States (the “Five Eyes” alliance) met in Ottawa. The Australian delegation entered the meeting saying publicly that they intended to “thwart the encryption of terrorist messaging.” The final communiqué states more diplomatically that “Ministers and Attorneys General […] noted that encryption can severely undermine public safety efforts by impeding lawful access to the content of communications during investigations into serious crimes, including terrorism. To address these issues, we committed to develop our engagement with communications and technology companies to explore shared solutions.”

    What might their plan be? Is this yet another attempt to ban encryption? A combined effort to compel ISPs and Internet companies to weaken their secure products? At least one leader of a Five Eyes nation has been talking recently about increasing international engagement with technology companies — with a list of laws in her back pocket that are already capable of subverting encryption, and the entire basis of user trust in the Internet.

    Exporting Britain’s Surveillance Regime

    Before she was elevated to the role of Prime Minister by the fallout from Brexit, Theresa May was the author of the UK’s Investigatory Powers bill, which spelled out the UK’s plans for mass surveillance in a post-Snowden world.

    At the unveiling of the bill in 2015, May’s officials performed the traditional dance: they stated that they would be looking at controls on encryption, and then stating definitively that their new proposals included “no backdoors”.

    Sure enough, the word “encryption” does not appear in the Investigatory Powers Act (IPA). That’s because it is written so broadly it doesn’t need to.

    We’ve covered the IPA before at EFF, but it’s worth re-emphasizing some of the powers it grants the British government.

    • Any “communications service provider” can be served with a secret warrant, signed by the Home Secretary. Communications service provider is interpreted extremely broadly to include ISPs, social media platforms, mail services and other messaging services.
    • That warrant can describe a set of people or organizations that the government wants to spy upon.
    • It can require tech companies to insert malware onto their users’ computers, re-engineer their own technology, or use their networks to interfere with any other system.
    • The warrant explicitly allows those companies to violate any other laws in complying with the warrant.
    • Beyond particular warrants, private tech companies operating in the United Kingdom also have to respond to “technical capability notices” which will require them to “To provide and maintain the capability to disclose, where practicable, the content of communications or secondary data in an intelligible form,” as well as permit targeted and mass surveillance and government hacking.
    • Tech companies also have to the provide the UK government with new product designs in advance, so that the government can have time to require new “technical capabilities” before they are available to customers.

    These capabilities alone already go far beyond the Nineties’ dreams of a blanket ban on crypto. Under the IPA, the UK claims the theoretical ability to order a company like Apple or Facebook to remove secure communication a a feature from one of their products —while being simultaneously prohibited from telling the public about it.

    Companies could be prohibited from fixing existing vulnerabilities, or required to introduce new ones in forthcoming products. Even incidental users of communication tech could be commandeered to become spies in her Majesty’s Secret Service: those same powers also allow the UK to, say, instruct a chain of coffee shops to use its free WiFi service to deploy British malware on its customers. (And, yes, coffee shops are given by officials as a valid example of a “communications service provider.”)

    Wouldn’t companies push back against such demands? Possibly: but it’s a much harder fight to win if it’s not just the UK making the demand, but an international coalition of governments putting pressure on them to obey the same powers. This, it seems is what May’s government wants next.

    The Lowest Common Privacy Denominator

    Since the IPA passed, May has repeatedly declared her intent to create a an international agreement on “regulating cyberspace”. The difficulty of enforcing many of the theoretical powers of the IPA makes this particularly pressing.

    The IPA includes language that makes it clear that the UK expects foreign companies to comply with its secret warrants. Realistically, it’s far harder for UK law enforcement to get non-UK technology companies to act as their personal hacking teams. That’s one reason why May’s government has talked up the IPA as a “global gold standard” for surveillance, and one that they hope other countries will adopt.

    In venues like the Five Eyes meeting, we can expect Britain to advocate for others to adopt IPA-like powers. In that, they will be certainly be joined by Australia, whose Prime Minister Malcolm Turnbull recently complained in the Australian Parliament that so many tech companies “are based in the United States where a strong libertarian tradition resists Government access to private communications, as the FBI found when Apple would not help unlock the iPhone of the dead San Bernardino terrorist.” Turnbull, it seems, would be happy to adopt the compulsory compliance model of the United Kingdom (as would, he implied at the time of the Apple case, would President Trump).

    In the meantime, the British authorities can encourage an intermediary step: other governments may be more likely to offer support for a IPA regime if Britain offers to share the results of its new powers with them.

    Such information-sharing agreements are the raison d’être of the Five Eyes alliance, which began as a program to co-ordinate intelligence operations between the Anglo-American countries. That the debate over encryption is now taking place in a forum originally dedicated to intelligence matters is an indicator that the states still see extracting private communications as an intelligence matter.

    But hacking and the subversion of tech companies isn’t just for spies anymore. The British Act explicitly granted these abilities to conduct “equipment interference” to more than just GCHQ and Britain’s other intelligence agencies. Hacking and secret warrants can now be used by, among others, the civilian police force, inland revenue and border controls. The secrecy and dirty tricks that used to be reserved for fighting agents of foreign powers is now available for use against a wide range of potential suspects.

    With the Investigatory Powers Bill, the United Kingdom is now a country empowered with a blunt tools of surveillance that have no comparison in U.S. or any other countries’ law. But, along with its Five Eyes partners, it is also seen as a moderate, liberal democracy, able to be trusted with access and sharing of confidential data. Similarly, Australia is one of the few countries in the world (and the only one of the Five) to legally compel ISPs to log data on their users. Canada conducts the same meta-data surveillance projects as the United States; New Zealand contributes its mass surveillance data to the shared XKEYSCORE project.

    While such data-sharing may be business as usual for the Cold War spies, the risk of such unchecked co-operation have been barely considered by the judicial and legislative branches.

    In the world of law enforcement, the UK has for the last year conducted a sustained lobbying campaign in the United States Congress to grant its police forces fast-track access to American tech companies’ communications data. The UK would be permitted to seize the contents of Google, Facebook and other companies’ customers’ inboxes without a U.S. court warrant. In return, the U.S. would gain a reciprocal capability over data held in the U.K.

    The danger is that, by forging broad agreements between these five countries, all will end up taking advantage of the lowest privacy standards of each. The United Kingdom will become the source of data obtained through the Investigatory Powers Bill; the United States will launder data taken from UPSTREAM and other programs through the United Kingdom’s legal system, and so on.

    Secret “Five Eyes” is not the venue for deciding on the future of global surveillance. Intelligence agencies and their secret alliances are no model for oversight and control of the much broader surveillance now being conducted on billions of innocent users of the public Internet. The Investigatory Powers Bill is no "gold standard.” Britain’s radical new powers shouldn’t be exported via the Five Eyes, either through law, or through data-sharing agreements conducted without judicial or legislative oversight.

    https://www.eff.org/deeplinks/2017/06/five-eyes-unlimited


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Tmux Commands

screen and tmux

A comparison of the features (or more-so just a table of notes for accessing some of those features) for GNU screen and BSD-licensed tmux.

The formatting here is simple enough to understand (I would hope). ^ means ctrl+, so ^x is ctrl+x. M- means meta (generally left-alt or escape)+, so M-x is left-alt+x

It should be noted that this is no where near a full feature-set of either group. This - being a cheat-sheet - is just to point out the most very basic features to get you on the road.

Trust the developers and manpage writers more than me. This document is originally from 2009 when tmux was still new - since then both of these programs have had many updates and features added (not all of which have been dutifully noted here).

Action tmux screen
start a new session tmux OR
tmux new OR
tmux new-session
screen
re-attach a detached session tmux attach OR
tmux attach-session
screen-r
re-attach an attached session (detaching it from elsewhere) tmux attach -d OR
tmux attach-session -d
screen -dr
re-attach an attached session (keeping it attached elsewhere) tmux attach OR
tmux attach-session
screen -x
detach from currently attached session ^b d OR
^b :detach
^a ^d OR
^a :detach
rename-window to newname ^b , <newname> OR
^b :rename-window <newn>
^a A <newname>
list windows ^b w ^a w
list windows in chooseable menu ^a "
go to window # ^b # ^a #
go to last-active window ^b l ^a ^a
go to next window ^b n ^a n
go to previous window ^b p ^a p
see keybindings ^b ? ^a ?
list sessions ^b s OR
tmux ls OR
tmux list-sessions
screen -ls
toggle visual bell ^a ^g
create another window ^b c ^a c
exit current shell/window ^d ^d
split window/pane horizontally ^b " ^a S
split window/pane vertically ^b % ^a |
switch to other pane ^b o ^a <tab>
kill the current pane ^b x OR (logout/^D)
collapse the current pane/split (but leave processes running) ^a X
cycle location of panes ^b ^o
swap current pane with previous ^b {
swap current pane with next ^b }
show time ^b t
show numeric values of panes ^b q
toggle zoom-state of current pane (maximize/return current pane) ^b z
break the current pane out of its window (to form new window) ^b !
re-arrange current panels within same window (different layouts) ^b [space]
Kill the current window (and all panes within) ^b killw [target-window]
  • Criteo is an ad company. You may not have heard of them, but they do retargeting, the type of ads that pursue users across the web, beseeching them to purchase a product they once viewed or have already bought. To identify users across websites, Criteo relies on cross-site tracking using cookies and other methods to follow users as they browse. This has led them to try and circumvent the privacy features in Apple’s Safari browser which protects its users from such tracking. Despite this apparently antagonistic attitude towards user privacy, Criteo has also been whitelisted by the Acceptable Ads initiative. This means that their ads are unblocked by popular adblockers such as Adblock and Adblock Plus. Criteo pays Eyeo, the operator of Acceptable Ads, for this whitelisting and must comply with their format requirements. But this also means they can track any user of these adblockers who has not disabled Acceptable Ads, even if they have installed privacy tools such as EasyPrivacy with the intention of protecting themselves. EFF is concerned about Criteo’s continued anti-privacy actions and their continued inclusion in Acceptable Ads.

    Safari Shuts out Third Party Cookies…

    All popular browsers give users control over who gets to set cookies, but Safari is the only one that blocks third-party cookies (those set by a domain other than the site you are visiting) by default. (Safari’s choice is important because only 5-10% of users ever change default settings in software.) Criteo relies on third-party cookies. Since users have little reason to visit Criteo’s own website, the company gets its cookies onto users’ machines through its integration on many online retail websites. Safari’s cookie blocking is a major problem for Criteo, especially given the large and lucrative nature of iPhone’s user base. Rather than accept this, Criteo has repeatedly implemented ways to defeat Safari’s privacy protections.

    One workaround researchers detected Criteo using was to redirect users from sites where their service was present to their own. For example, if you visited wintercoats.com and clicked on a product category, you would be first diverted to criteo.com and then redirected to wintercoats.com/down-filled. Although imperceptible to the user, this detour was enough to persuade the browser that criteo.com is a site you chose to visit, and therefore a first party entitled to set a cookie rather than a third party. Criteo applied for a patent on this method in August 2013.

    …And Closes the Backdoor

    Last summer, however, Apple unveiled a new version of Safari with more sophisticated cookie handling—called Intelligent Tracking Prevention (ITP)—which killed off the redirect technique as a means to circumvent the cookie controls. The browser now analyzes if the user has engaged with a website in a meaningful way before allowing it to set a cookie. The announcement triggered panic among advertising companies, whose trade association, the Interactive Advertising Bureau, denounced the feature and rushed out technical recommendations to work around it. Obviously the level of user “interaction” with Criteo during the redirect described above fails ITP’s test, which meant Criteo was locked out again.

    It appears that Criteo’s response was to abandon cookies for Safari users and to generate a persistent identifier by piggybacking on a key user safety technology called HSTS. When a browser connects to a site via HTTPS (i.e. a site that supports encryption), the site can respond with an HTTP Strict Transport Security policy (HSTS), instructing the browser to only contact it using HTTPS. Without a HSTS policy, your browser might try to connect to the site over regular old unencrypted HTTP in the future—and thus be vulnerable to a downgrade attack. Criteo used HSTS to sneak data into the browser cache to produce an identifier it could use to recognize the individual’s browser and profile them. This approach relied on the fact that it is difficult to clear HSTS data in Safari, requiring the user to purge the cache entirely to delete the identifier. For EFF, it is especially worrisome that Criteo used a technique that pits privacy protection against user security interests by targeting HSTS. Use of this mechanism was documented by Gotham City Research, an investment firm who have bet against Criteo’s stock.

    In early December, Apple released an update to iOS and Safari which disabled Criteo’s ability to exploit HSTS. This led to Criteo revising down their revenue forecasts and a sharp fall in their share price.

    How is Criteo Acceptable Advertising”****?

    "… w__e sort of seek the consent of users, just like we had done before_."__1_ - Erich Eichmann, CEO Criteo

    _"Only users who don’t already have a Criteo identifier will see the header or footer, and it is displayed only once per device. Thanks to [the?] Criteo advertisers network, most of your users would have already accepted our services on the website of another of our partner. On average, only 5% of your users will see the headers or footers, and for those who do, the typical opt-out rate is less than .2%._" - Criteo Support Center

    Criteo styles itself as a leader in privacy practices, yet they have dedicated significant engineering resources to circumventing privacy tools. They claim to have obtained user consent to tracking based on a minimal warning delivered in what we believe to be a highly confusing context. When a user first visits a site containing Criteo’s script, they received a small notice stating, _"_Click any link to use Criteo’s cross-site tracking technology." If the user continues to use the site, they are deemed to have consented. Little wonder that Criteo can boast of a low opt-out rate to their clients.

    Due to their observed behaviour prior to the ITP episode, Criteo’s incorporation into the Acceptable Ads in December 2015 aroused criticism among users of ad blockers. We have written elsewhere about how Acceptable Ads creates a clash of interests between adblocking companies and their users, especially those concerned with their privacy. But Criteo’s participation in Acceptable Ads brings into focus the substantive problem with the program itself. The criteria for Acceptable Ads are concerned chiefly with format and aesthetic aspects (e.g. How big is the ad? How visually intrusive? Does it blink?) and excludes privacy concerns. Retargeting is unpopular and mocked by users, in part because it wears its creepy tracking practices on its sleeve. Our view is that Criteo’s bad behavior should exclude its products from being deemed “acceptable” in any way.

    The fact that the Acceptable Ads Initiative has approved Criteo’s user-tracking-by-misusing-security-features ads is indicative of the privacy problems we believe to be at the heart of the Acceptable Ads program. In March this year, Eyeo announced an Acceptable Ads Committee that will control the criteria for Acceptable Ads in the future. The Committee should start by instituting a rule which excludes companies that circumvent explicit privacy tools or exploit user security technologies for the purpose of tracking.

    1. http://criteo.investorroom.com/download/Transcript_Q3+2017+Earnings_EDITED.pdf

    https://www.eff.org/deeplinks/2017/12/arms-race-against-trackers-safari-leads-criteo-30

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  • Have you ever sent a motivational text to a friend? If you have, perhaps you tailored your message to an activity or location by saying “Good luck in the race!” or “Have fun in New York!” Now, imagine doing this automatically with a compuuuter. What a great invention. Actually, no. That’s not a good invention, it’s our latest Stupid Patent of the Month.

    U.S. Patent No. 9,069,648 is titled “Systems and methods for delivering activity based suggestive (ABS) messages.” The patent describes sending “motivational messages,” based “on the current or anticipated activity of the user,” to a “personal electronic device.” The patent provides examples such as sending the message “don’t give up” when the user is running up a hill. The examples aren’t limited to health or exercise. For example, the patent suggests sending messages like “do not fear” and “God is with you” when a “user enters a dangerous neighborhood.”

    The patent’s description of its invention is filled with silly, non-standard acronyms like ABS for “activity based suggestive” messages or EBIF for “electronic based intelligence function.” These silly acronyms create an illusion of complexity where plain, descriptive language would reveal the mundane nature of the supposed invention. For example, what the patent grandly calls EBIF appears to be nothing more than standard computer processing.

    The ’648 patent is owned by Motivational Health Messaging LLC. While this may be a new company, at least one of the people behind it has been involved in massive patent trolling campaigns before. And the two named inventors have both been inventors on patents that trolls have asserted hundreds of times. One is also an inventor listed on patents asserted by infamous patent troll Shipping and Transit LLC. The other named inventor is the inventor on the patents asserted by Electronic Communication Technologies LLC. Those two entities (with their predecessors) brought over 700 lawsuits, many against very small businesses. In other words, the ’648 patent has been issued to Troll Co. at 1 Troll Street, Troll Town, Trollida USA.

    We believe that the claims of the ’648 patent are clearly invalid under the Supreme Court’s decision in Alice v. CLS Bank, which held abstract ideas do not become eligible for a patent merely because they are implemented in conventional computer technology. Indeed, the patent repeatedly emphasizes that the claimed methods are not tied to any particular hardware or software. For example, it states:

    The software and software logic described in this document … which comprises an ordered listing of executable instructions for implementing logical functions, can be embodied in any non-transitory computer-readable medium for use by or in connection with an instruction execution system, apparatus, or device, such as a computer-based system, processor-containing system, or other system that can fetch the instructions from the instruction execution system, apparatus, or device and execute the instructions.

    The ’648 patent issued on June 30, 2015, a full year after the Supreme Court’s Alice ruling. Despite this, the patent examiner never even discussed the decision. If Alice is to mean anything at all, it has to be applied to an application like this one.

    In our view, if Motivational Health Messaging asserts its patent in court, any defendant that fought back should prevail under Alice. Indeed, we would hope that the court would strongly consider awarding attorney’s fees to the defendant in such a case. Shipping & Transit has now had two fee awards made against it for asserting patents that are clearly invalid under Alice. And the Federal Circuit recently held that fee awards can be appropriate when patent owners make objectively unreasonable argument concerning Alice.

    In addition to the problems under Alice, we believe the claims of the ’648 patent should have been rejected as obvious. When the application was filed in 2012, there was nothing new about sending motivational messages or automatically tailoring messages to things like location. In one proposed embodiment, the patent suggests that a “user walking to a hole may be delivered ABS messages, including reminders or instructions on how to play a particular hole.” But golf apps were already doing this. The Patent Office didn’t consider any real-world mobile phone applications when reviewing the application.

    If you want to look for prior art yourself, Unified Patents is running a crowdsourcing contest to find the best prior art to invalidate the ’648 patent. Aside from the warm feelings that come from fighting patent trolls, there is a $2000 prize pool.

    Despite the weakness of its patent, Motivational Health Messaging LLC might still send out demand letters. If you receive such a letter, you can contact EFF and we can help you find counsel.

    We have long complained that the Patent Office promotes patent trolling by granting obvious and/or abstract software patents. The history of the ’648 patent shows how the Patent Office’s failure to properly review applications leads to bad patents falling into the hands of trolls.

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