Posts filed under 'Legal issues

Dec 25, '11

Every Christmas we give our friends in the banking industry a wee present. Sometimes it’s the responsible disclosure of a vulnerability, which we publish the following February: 2007’s was PED certification, 2008’s was CAP while in 2009 we told the banking industry of the No-PIN attack. This year too we have some goodies in the hamper: watch our papers at Financial Crypto 2012.

In other years, we’ve had arguments with the bankers’ PR wallahs. In 2010, for example, their trade association tried to censor one of our students’ thesis. That saga also continues; Britain’s bankers tried once more to threaten us so we told them once more to go away. We have other conversations in progress with bankers, most of them thankfully a bit more constructive.

This year’s Christmas present is different: it’s a tale with a happy ending. Eve Russell was a fraud victim whom Barclays initially blamed for her misfortune, as so often happens, and the Financial Ombudsman Service initially found for the bank as it routinely does. Yet this was clearly not right; after many lawyers’ letters, two hearings at the ombudsman, two articles in The Times and a TV appearance on Rip-off Britain, Eve won. This is the first complete case file since the ombudsman came under the Freedom of Information Act; by showing how the system works, it may be useful to fraud victims in the future.

For your Christmas entertainment, we offer the bank statement which told Eve of the fraud; the initial exchange of letters between Eve’s lawyers and the bank; the ombudsman’s routine initial ruling against Eve, and her protest; the correspondence between the ombudsman and Barclays; Eve’s appeal and expert opinion; the verdict; and the offer of settlement. And let’s not forget the Thunder. A Merry Christmas to all!

Dec 5, '11

I will be talking in London on Wednesday at a workshop on Anonymity, Privacy, and Open Data about the difficulty of anonymising medical records properly. I’ll be on a panel with Kieron O’Hara who wrote a report on open data for the Cabinet Office earlier this year, and a spokesman from the ICO.

This will be the first public event on the technology and policy issues surrounding anonymisation since yesterday’s announcement that the government will give wide access to anonymous versions of our medical records. I’ve written extensively on the subject: for an overview, see my book chapter which explores the security of medical systems in general from p 282 and the particular problems of using “anonymous” records in research from p 298. For the full Monty, start here.

Anonymity is hard enough if the data controller is capable, and motivated to try hard. In the case of the NHS, anonymity has always been perfunctory; the default is to remove patient names and addresses but leave their postcodes and dates of birth. This makes it easy to re-identify about 99% of patients (the exceptions are mostly twins, soldiers, students and prisoners). And since I wrote that book chapter, the predicted problems have come to pass; for example the NHS lost a laptop containing over eight million patients’ records.

Dec 4, '11

The Sunday media have been trailing a speech by David Cameron tomorrow about giving us online access to our medical records and our kids’ school records, and making anonymised versions of them widely available to researchers, companies and others. Here is coverage in the BBC, the Mail and the Telegraph; there’s also a Cabinet Office paper. The measures are supported by the CEO of Glaxo and opposed by many NGOs.

If the Government is going to “ensure all NHS patients can access their personal GP records online by the end of this Parliament”, they’ll have to compel the thousands of GPs who still keep patient records on their own machines to transfer them to centrally-hosted facilities. The systems are maintained by people who have to please the Secretary of State rather than GPs, and thus become progressively less useful. This won’t just waste doctors’ time but will have real consequences for patient safety and the quality of care.

We’ve seen this repeatedly over the lifetime of NPfIT and its predecessor the NHS IM&T strategy. Officials who can’t develop working systems become envious of systems created by doctors; they wrest control, and the deterioration starts.

It’s astounding that a Conservative prime minister could get the idea that nationalising something is the best way to make it work better. It’s also astonishing that a Government containing Liberals who believe in human rights, the rule of law and privacy should support the centralisation of medical records a mere two years after the Joseph Rowntree Reform Trust, a Liberal charity, produced the Database State report which explained how the centralisation of medical records (and for that matter children’s records) destroys privacy and contravenes human-rights law. The coming debate will no doubt be vigorous and will draw on many aspects of information security, from the dreadful security usability (and safety usability) of centrally-purchased NHS systems, through the real hazards of coerced access by vulnerable patients, to the fact that anonymisation doesn’t really work. There’s much more here. Of course the new centralisation effort will probably fail, just like the last two; health informatics is a hard problem, and even Google gave up. But our privacy should not depend on the government being incompetent at wrongdoing. It should refrain from wrongdoing in the first place.

Dec 1, '11

In early November, a sophisticated fraud was shut down and a number of people arrested. Malware from a family called “DNSChanger” had been placed on around four million machines (Macs as well as Windows machines) over several years.

The compromised users had their DNS traffic redirected to criminally operated servers. The main aim of the criminals seems to have been to redirect search queries and thereby to make money from displaying adverts.

Part of the mitigation of DNSChanger involves ISC running DNS servers for a while (so that 4 million people whose DNS servers suddenly disappear don’t simultaneously ring their ISP helpdesks complaining that the Internet is broken).

To prevent bad people running the DNS servers instead, the address blocks containing the IPs of the rogue DNS servers which used to belong to the criminals (but are now pointed at ISC) have been “locked”.

This is easy for ARIN (the organisation who looks after North American address space) to acquiesce to, because they have US legal paperwork compelling their assistance. However, the Dutch police have generated some rather less compelling paperwork and served that on RIPE; so RIPE is now asking the Dutch court to clarify the position.

Further details of the issues with the legal paperwork can be found on (or linked from) the Internet Governance Project blog. The IGP is a group of mainly but not entirely US academics working on global Internet policy issues.

As the IGP rightly point out, this is going to be an important case because it is going to draw attention to the role of the RIRs — just at the time when that role is set to become even more important.

As we move to crypto-secured BGP routing, the RIRs (ARIN, RIPE etc) will be providing cryptographic assurance of the validity of address block ownership. Which means, in effect, that we are building a system where the courts in one country (five countries in all, for five RIRs) could remove ISPs and hosting providers from the Internet… and some ISPs [and their governments] (who are beginning to think ahead) are not entirely keen on this prospect.

If, as one might expect, the Dutch courts eventually uphold the DNSChanger compulsion on RIPE (even if the Dutch police have to have a second go at making the paperwork valid) then maybe this will prove the impetus to abandon a pyramid structure for BGP security and move to a “sea of certificates” model (where one independently chooses from several overlapping roots of authority) — which more closely approximates the reality of a global system which touches a myriad set of local jurisdictions.

Nov 7, '11

Like I imagine most readers of Light Blue Touchpaper, the vast majority of spam I receive is from overseas. For that you can try complaining to the sender’s ISP, but if the spam is being sent from a botnet, there’s not much you can do to stop them sending you more in the future. There might be an unsubscribe link, but clicking on it will just tell the sender that your address has a real person behind it, and might encourage them to send more spam.

Things are different if the sender (of spam email or text messaging) is in the UK, because then they might have violated the Privacy and Electronic Communications Regulations (PECR), and you can complain to the Information Commissioner’s Office (ICO). The process isn’t fast, or particularly easy, and there are plenty of ways the ICO can avoid investigating, but it can get results.

The last time I went through this process was regarding a PR agency which was sending me repeated emails despite me asking to unsubscribe. I sent the complaint to the ICO in November 2010, and it took over 2 months for them to deal with it, but the ICO did conclude that based on the information available, the PR agency did violate the PECR. At the time, the ICO didn’t have powers to punish an organisation for PECR violations but they did remind the agency of their obligations. I was finally unsubscribed from the list and the PR agency even sent me a box of muffins as an apology.

Things don’t always go smoothly though. Before then I complained about an online DVD rentals company, for similar reasons. The ICO initially refused to invoke the PECR, claiming that “If you work for or attend higher education and are receiving unsolicited marketing emails to a university email address, there is no enforceable opt-out right provided by The Privacy and Electronic Communications Regulations 2003 (the Regulations).” However, they did say that if my name is identifiable from my email address, then the sender is processing personal data and thus is covered by the Data Protection Act. I could therefore ask the company to unsubscribe me (which I had done), and if they continued to send me email after 28 days I could complain to the ICO again.

In fact, the email address to which I was sent the spam was my personal address (I did however send the complaint from my university address), which I told the ICO. The ICO then wrote to the company reminding them of their obligations. I never received further emails from the company so it probably worked, but I didn’t get any muffins or even an apology from them.

Since then, some things have changed — particularly that the ICO can now fine organisations up to £500,000 for very serious breaches of the PECR (although as far as I can tell the ICO has never done so). Hopefully this will encourage organisations to take their obligations seriously. I’ve sent a further complaint to the ICO, so I’ll keep you posted on how this progresses. If you want to try sending a complaint yourselves, instructions can be found on the ICO site.

Nov 4, '11

I spent the early part of this week at the London Conference on Cyberspace, organised by the UK Foreign Office.

Besides feel-good sessions on how wonderful the Internet can be for social engagement and economic growth, the two themes that had really drawn the participants were cybercrime and cyberwar (the latter being rebranded as ‘cyber security’ to avoid frightening the horses).

There was predictably little progress on the latter topic to be seen in public — Russia wants to strengthen national borders in cyberspace (and Evgeny Kaspersky spoke approvingly of strong online identity) and China’s position is similar (albeit their main intervention from the floor was an offer to investigate hacking attacks that came from their country).

Cybercrime was more straightforwardly condemned (which would not have surprised Calvin Coolidge) but the same fault-lines showed up in this topic as well.
(more…)

Oct 30, '11

Back in July I wrote a blog article “Will Newzbin be blocked?” which discussed the granting of an injunction to a group of movie companies to force BT to block access to “Newzbin2“.

The parties were back in court this last week to hammer out the exact details of the injunction.

The final wording of the injunction requires BT to block customer access to Newzbin2 by #1(1) rerouting traffic to relevant IPs and #1(2) applying “DPI based” URL blocking. The movie companies have to tell BT which IPs and which URLs are relevant.

#2 of the injunction says that BT can use its existing “Cleanfeed” system (which I wrote about here and at greater length in my PhD thesis here) to meet the requirements of #1, even though Cleanfeed isn’t believed to use DPI at all !

#3 and #4 of the injunction allows the parties to agree to suspend blocking and to come back to court in the future, and #5 relates to the costs of the court action.

One of the (few) upsides of this injunction will be to permit lawful experimentation as to the effectiveness of the Cleanfeed system, assuming that it is used — if the studios ask for all URLs on a website to be blocked, I expect that null routing the website entirely will be simpler for BT than redirecting traffic to the Cleanfeed proxy.

Up until now, discovering a flaw in the technical implementation of Cleanfeed would result in successful access to a child sexual abuse image website. Anyone monitoring the remote end of the connection might then draw the conclusion that images had been viewed and a criminal offence committed. Although careful experimental design could avoid law-breaking, it might be some time into the investigation process before this was properly understood by the criminal justice system, and the intervening period would be somewhat stressful for the investigator.

There is no law that prevents viewing of the contents of Newsbin2, and so the block circumvention techniques proposed over the past few years (starting of course with just using “https”) can now start to be evaluated as to their actual effectiveness.

However, there is more to #1 of the injunction, in that it applies to:

[...] www.newzbin.com, its domains and sub-domains and including payments.newzbin.com and any other IP address or URL whose sole or predominant purpose is to enable or facilitate access to the Newzbin2 website.

I don’t expect that publishing circumvention experience here on LBT could be seen as the predominant purpose of this blog… so I don’t really expect these pages to suddenly become invisible to BT customers. But, since the whole process has an Alice in Wonderland feel to it (someone who believes that blocking websites is possible clearly had little else to do before breakfast), it cannot be entirely ruled out.

Oct 24, '11

We’re steadily learning more about the latest Trusted Computing proposals. People have started to grok that building signed boot into UEFI will extend Microsoft’s power over the markets for AV software and other security tools that install around boot time; while ‘Metro’ style apps (i.e. web/tablet/html5 style stuff) could be limited to distribution via the MS app store. Even if users can opt out, most of them won’t. That’s a lot of firms suddenly finding Steve Ballmer’s boot on their jugular.

We’ve also been starting to think about the issues of law enforcement access that arose during the crypto wars and that came to light again with CAs. These issues are even more wicked with trusted boot. If the Turkish government compelled Microsoft to include the Tubitak key in Windows so their intelligence services could do man-in-the-middle attacks on Kurdish MPs’ gmail, then I expect they’ll also tell Microsoft to issue them a UEFI key to authenticate their keylogger malware. Hey, I removed the Tubitak key from my browser, but how do I identify and block all foreign governments’ UEFI keys?

Our Greek colleagues are already a bit cheesed off with Wall Street. How happy will they be if in future they won’t be able to install the security software of their choice on their PCs, but the Turkish secret police will?

Sep 20, '11

There seems to be an attempt to revive the “Trusted Computing” agenda. The vehicle this time is UEFI which sets the standards for the PC BIOS. Proposed changes to the UEFI firmware spec would enable (in fact require) next-generation PC firmware to only boot an image signed by a keychain rooted in keys built into the PC. I hear that Microsoft (and others) are pushing for this to be mandatory, so that it cannot be disabled by the user, and it would be required for OS badging. There are some technical details here and here, and comment here.

These issues last arose in 2003, when we fought back with the Trusted Computing FAQ and economic analysis. That initiative petered out after widespread opposition. This time round the effects could be even worse, as “unauthorised” operating systems like Linux and FreeBSD just won’t run at all. (On an old-fashioned Trusted Computing platform you could at least run Linux – it just couldn’t get at the keys for Windows Media Player.)

The extension of Microsoft’s OS monopoly to hardware would be a disaster, with increased lock-in, decreased consumer choice and lack of space to innovate. It is clearly unlawful and must not succeed.

Jul 28, '11

This morning the UK High Court granted an injunction to a group of movie companies which is intended to force BT to block access to “newzbin 2” by their Internet customers. The “newzbin 2″ site provides an easy way to search for and download metadata files that can be used to automate the downloading of feature films (TV shows, albums etc) from Usenet servers. ie it’s all about trying to prevent people from obtaining content without paying for a legitimate copy (so called “piracy“).

The judgment is long and spends a lot of time (naturally) on legal matters, but there is some technical discussion — which is correct so far as it goes (though describing redirection of traffic based on port number inspection as “DPI” seems to me to stretch the jargon).

But what does the injunction require of BT? According to the judgment BT must apply “IP address blocking in respect of each and every IP address [of newzbin.com]” and “DPI based blocking utilising at least summary analysis in respect of each and every URL available at the said website and its domains and sub domains“. BT is then told that the injunction is “complied with if the Respondent uses the system known as Cleanfeed“.

There is almost nothing about the design of Cleanfeed in the judgment, but I wrote a detailed account of how it works in a 2005 paper (a slightly extended version of which appears as Chapter 7 of my 2005 PhD thesis). Essentially it is a 2-stage system, the routing system redirects port 80 (HTTP) traffic for relevant IP addresses to a proxy machine — and that proxy prevents access to particular URLs.

So if BT just use Cleanfeed (as the injunction indicates) they will resolve newzbin.com (and www.newzbin.com) which are currently both on 85.112.165.75, and they will then filter access to http://www.newzbin.com/, http://newzbin.com and http://85.112.165.75. It will be interesting to experiment to determine how good their pattern matching is on the proxy (currently Cleanfeed is only used for child sexual abuse image websites, so experiments currently pose a significant risk of lawbreaking).

It will also be interesting to see whether BT actually use Cleanfeed or if they just ‘blackhole’ all access to 85.112.165.75. The quickest way to determine this (once the block is rolled out) will be to see whether or not https://newzbin.com works or not. If it does work then BT will have obeyed the injunction but the block will be trivial to evade (add a “s” to the URL). If it does not work then BT will not be using Cleanfeed to do the blocking!

BT users will still of course be able to access Newzbin (though perhaps not by using https), but depending on the exact mechanisms which BT roll out it may be a little less convenient. The simplest method (but not the cheapest) will be to purchase a VPN service — which will tunnel traffic via a remote site (and access from there won’t be blocked). Doubtless some enterprising vendors will be looking to bundle a VPN with a Newzbin subscription and an account on a Usenet server.

The use of VPNs seems to have been discussed in court, along with other evasion techniques (such as using web and SOCKS proxies), but the judgment says “It is common ground that, if the order were to be implemented by BT, it would be possible for BT subscribers to circumvent the blocking required by the order. Indeed, the evidence shows the operators of Newzbin2 have already made plans to assist users to circumvent such blocking. There are at least two, and possibly more, technical measures which users could adopt to achieve this. It is common ground that it is neither necessary nor appropriate for me to describe those measures in this judgment, and accordingly I shall not do so.

There’s also a whole heap of things that Newzbin could do to disrupt the filtering or just to make their site too mobile to be effectively blocked. I describe some of the possibilities in my 2005 academic work, and there are doubtless many more. Too many people consider the Internet to be a static system which looks the same from everywhere to everyone — that’s just not the case, so blocking systems that take this as a given (“web sites have a single IP address that everyone uses”) will be ineffective.

But this is all moot so far as the High Court is concerned. The bottom line within the judgment is that they don’t actually care if the blocking works or not! At paragraph #198 the judge writes “I agree with counsel for the Studios that the order would be justified even if it only prevented access to Newzbin2 by a minority of users“. Since this case was about preventing economic damage to the movie studios, I doubt that they will be so sanguine if it is widely understood how to evade the block — but the exact details of that will have to wait until BT have complied with their new obligations.


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