Balancing Security and Privacy in Times of Cyberterror

1. Balancing Security and Privacyin Times of Cyberterror EDUCAUSE Western Regional Conference May 8, 2007 Steve Worona EDUCAUSE sworona@educause.edu

2. The Internet ObeysOnly One Law

3. The Internet ObeysOnly One Law The Law of Unintended Consequences

4. or…

5. Be careful what you ask for…

6. …you might just get it

7. Example 1: A Story from the Dawn of (Internet) Time It all started in 1995 with a simple question: What’s the best resource for filtering out adult material for K-12 students? • Net Nanny • Cybersitter • Surfwatch • Cyber Patrol • Etc.…

8. Example 2:A Poll on Campaign Finance

9. Example 2:A Poll on Campaign Finance Proposition 1:Who are our political candidates taking money from? This should be public information.(Agree/Disagree?)

10. Example 2:A Poll on Campaign Finance Proposition 1:Who are our political candidates taking money from? This should be public information.(Agree/Disagree?) Proposition 2:What political candidates are you giving money to? This should be public information.(Agree/Disagree?)

11. www.fec.gov

12. Example 3:Do you want Privacyor Privacy?

13. Example 3:Do you want Privacyor Privacy? Sorry, you can’t have both.

14. “You can’t have Privacywithout Security”

15. “You can’t have Privacywithout Security” • Privacy: Ensuring that your personal information doesn’t fall into the wrong hands

16. “You can’t have Privacywithout Security” • Privacy: Ensuring that your personal information doesn’t fall into the wrong hands • “VA Data Files on Millions of Veterans Stolen” • “Bank of America Loses A Million Customer Records” • “UCLA Warns 800,000 of Computer Break-In”

17. “You can’t have Privacywithout Security” • Privacy: Ensuring that your personal information doesn’t fall into the wrong hands • “VA Data Files on Millions of Veterans Stolen” • “Bank of America Loses A Million Customer Records” • “UCLA Warns 800,000 of Computer Break-In” • HIPAA, FERPA, etc. • State and federal data-spill notification mandates

18. “You can’t have Privacywithout Security” • Privacy: Ensuring that your personal information doesn’t fall into the wrong hands • “VA Data Files on Millions of Veterans Stolen” • “Bank of America Loses A Million Customer Records” • “UCLA Warns 800,000 of Computer Break-In” • HIPAA, FERPA, etc. • State and federal data-spill notification mandates • Security: Limiting everyone’s activity to only the things they have a right to see and do • Who is trying to access data (“Authentication”) • Whether they have the right (“Authorization”)

19. So Whenever Anyone Does Anything Online,We Want to Know…

20. So Whenever Anyone Does Anything Online,We Want to Know… • Who they are

21. So Whenever Anyone Does Anything Online,We Want to Know… • Who they are • What they’re doing

22. So Whenever Anyone Does Anything Online,We Want to Know… • Who they are • What they’re doing • Why they’re doing it

23. Identity Management Issues • Single sign-on • With possible refresh for sensitive transactions • Network sign-on • No access unless we know who you are • CALEA, RIAA • Multi-factor authentication • Biometrics • “Guest” authentication • Hotels; conferences; visitors • Wireless authentication • Signal leakage

24. Another Definition of Privacy • Privacy: The ability to go about your daily life without leaving a trail; the ability to read, speak, attend meetings, etc. anonymously

25. The Importance of Anonymity “Anonymous pamphlets, leaflets, brochures and even books have played an important role in the progress of mankind. Persecuted groups and sects from time to time throughout history have been able to criticize oppressive practices and laws either anonymously or not at all.” – Hugo Black, Talley v. California, 1960

26. Privacy1 vs Privacy2 • Privacy1: Ensuring that your personal information doesn’t fall into the wrong hands. (“Confidentiality”) • Privacy2: The ability to go about your daily life without leaving a trail; the ability to read (speak, attend meetings, etc.) anonymously. (“Anonymity”)

27. The Dilemma

28. The Dilemma • We want to go through cyber-life without leaving a trail

29. The Dilemma • We want to go through cyber-life without leaving a trail • But we want everyone who comes in contact with our data (and with us) to be identified and monitored

30. The Dilemma • We want to go through cyber-life without leaving a trail • But we want everyone who comes in contact with our data (and with us) to be identified and monitored • Spam • Phishing • Threats • Poison-pen postings • Baseless accusations • Etc…

31. The Dilemma • We want to go through cyber-life without leaving a trail • But we want everyone who comes in contact with our data (and with us) to be identified and monitored Not Much Different Than • We want everyone to know who the candidates are getting money from • But we don’t want anyone to know who we are giving money to

32. Privacy Can Be Tricky:Consider Chat Rooms • In general you have no legal “expectation of privacy” in a chat room because you don’t know who else is listening • You’re essentially speaking in public • You have no reason to believe a police officer (on- or off-duty) isn’t present • US vs Charbonneau

33. Privacy Can Be Tricky:Consider Chat Rooms • In general you have no legal “expectation of privacy” in a chat room because you don’t know who else is listening • You’re essentially speaking in public • You have no reason to believe a police officer (on- or off-duty) isn’t present • US vs Charbonneau • What are the limitations on government surveillance of chat rooms?

34. Privacy Can Be Tricky:Consider Chat Rooms • In general you have no legal “expectation of privacy” in a chat room because you don’t know who else is listening • You’re essentially speaking in public • You have no reason to believe a police officer (on- or off-duty) isn’t present • US vs Charbonneau • What are the limitations on government surveillance of chat rooms? • Child molestors

35. Privacy Can Be Tricky:Consider Chat Rooms • In general you have no legal “expectation of privacy” in a chat room because you don’t know who else is listening • You’re essentially speaking in public • You have no reason to believe a police officer (on- or off-duty) isn’t present • US vs Charbonneau • What are the limitations on government surveillance of chat rooms? • Child molestors • Dissident political groups

36. The Dilemma • We want to go through cyber-life without leaving a trail • But we want everyone who comes in contact with our data (and with us) to be identified and monitored Not Much Different Than • We want everyone to know who the candidates are getting money from • But we don’t want anyone to know who we are giving money to

37. “Identified and Monitored” • “Government Plans Massive Data Sweep” • “Feds Get Wide Wiretap Authority” • “NSA Has Massive Database of Americans’ Phone Calls” • “Finance-Monitoring Program Amounts to Spying” • “Police Chief Wants Surveillance Cameras in Houston Apartments” • “Big Brother Is Listening”

38. “Big Brother Is Listening”(Daily Telegraph (UK), May 2, 2007) Hidden microphones that can eavesdrop on conversations in the street are the next step in the march towards a “Big Brother” society, MPs were warned yesterday. Richard Thomas, the Information Commissioner, said a debate had begun about whether listening devices should be set up alongside Britain’s 4.5 million CCTV cameras. In evidence to the Commons home affairs committee, Mr. Thomas said he would be hostile to such an idea. He was also alarmed by the prospect of tiny cameras, hidden in lamp posts, replacing more obvious monitors. He said it was arguable that surveillance in Britain - which is greater than in any other democratic nation - may already have gone too far.

39. Why Now?

40. Why Now? • Because we can

41. Why Now? • Because we can • Technology now makes it possible to collect, maintain, and process everything you do • Moore’s Law is not being repealed • Brain = 1TB = $500 retail • Gordon Bell: MyLifeBits (10TB) • Library of Congress = 100TB • WORM drives • The Internet Archive • Ray Kurzweil: “The Singularity Is Near”

42. Why Now? • Because we can • And so our only limitations are those we choose to impose on ourselves

43. Why Now? • Because we can • Because we (think we) must

44. Why Now? • Because we can • Because we (think we) must • Why?

45. Why Now? • Because we can • Because we (think we) must • Because it makes law enforcement easier

46. Law Enforcement and Data • Specific, focused, temporary • Tap, probe, monitor, investigate what’s needed to deal with a particular crime or threat

47. The Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

48. Law Enforcement and Data • Specific, focused, temporary • Tap, probe, monitor, investigate what’s needed to deal with a particular crime or threat • Just in case • Capture all possible information so that, whenever something goes wrong, we can just play back the tape

49. Some “just in case” examples • Toll-gate license-plate photos • No longer needed if the bell doesn’t ring • But very helpful if you want to get a list of possible suspects for yesterday’s crime • Metro cards • Paying for your trip • Who was where when? • ATM cameras • If no robbery occurred, no need to retain • But might have caught a glimpse of a kidnapper

50. Déjà Vu? • “Homeland Security Monitored Students” • “…surveillance by the Pentagon … database [of] … military protests and demonstrations at institutions of higher education …” • “Although there does not appear to be any direct terrorist nexus to the event, a large gathering, especially on a college campus, may gain momentum and create public safety concerns. I do not see an issue of civil liberties being violated, rather proactive precautionary measures being taken by DHS and DoD.” – William H. Parrish, Assoc. Prof. of Homeland Security, VCU