Daily news service TechLawJournal (subscription) reports that the U.S. District Court (DC) has granted summary judgment to the National Security Agency in EPIC v. NSA, a federal Freedom of Information Act (FOIA) case regarding the Electronic Privacy Information Center’s request for records regarding Google’s relationship with the NSA.
EPIC requested a wide array of records regarding interactions between Google and the NSA dealing with information security. Reports TLJ:
The NSA responded that it refused to confirm or deny whether it had a relationship with Google, citing Exemption 3 of FOIA (regarding records “specifically exempted from disclosure by statute”) and Section 6 of the National Security Agency Act of 1959 (which prohibits disclose of information about the NSA).
The FOIA merits of EPIC’s suit are one thing. It’s another for Google to have an intimate relationship with a government agency this secretive.
This would be a good time to not be evil. Google should either sever ties with the NSA or be as transparent (or more) than federal law would require the NSA to be in the absence of any special protection against disclosure.
Reliable national security reporter Siobhan Gorman at the Wall Street Journal has broken a story about an Internet surveillance program called “Perfect Citizen” to be managed by the National Security Agency.
Reading about it is frustrating, and for me blame quickly settles on Congress. Our legislature is utterly supine before the national security bureaucracy, which exaggerates cybersecurity threats and consistently uses the secrecy trump card to defy oversight.
If there is to be a federal government role in securing the Internet from cyberattacks, there is no good reason why its main components should not be publicly known and openly debated. Small parts, like threat signatures and such—the unique characteristics of new attacks—might be appropriately kept secret, but no favor is done to any potential attackers by revealing that there is a system for detecting their activities.
A cybersecurity effort that is not tested by public oversight will be weaker than ones that are scrutinzed by private-sector experts, academics, security vendors, and watchdog groups.
Benign intentions do not control future results, and governmental surveillance of the Internet for “cybersecurity” purposes may warp over time to surveillance for ideological and political purposes.
These abstract criticisms of “Project Citizen” are all that publicly available information allows. Far better would come from me and others more qualified if Congress were to do its job.
Congress owes it to us, the United States’ true citizens, to have public hearings on “Perfect Citizen.” Congress should reject broad assertions of secrecy so that the whole body politic can participate in securing our country from all threats.
Congressional and public oversight—searching oversight that tests assumptions and asks hard questions—would strenghten any government cybersecurity effort we find warranted. It would also ameliorate the threat of such programs to our civil liberties, democratic processes, and privacy.
by Eric Beach & Adam Thierer
In our ongoing “Privacy Solutions Series” we have been outlining various user-empowerment or user “self-help” tools that allow Internet users to better protect their privacy online. These tools and methods form an important part of a layered approach that we believe offers a more effective alternative to government-mandated regulation of online privacy. [See entries 1, 2, 3, 4] In this installment, we will be exploring CCleaner, a free Windows-based tool created by UK-based software developer Piriform that scrubs you computer’s hard drive and cleans its registry. We’ll describe how CCleaner helps you destroy data and protect your private information.
Whenever you move files to the recycling bin and subsequently purge the recycling bin, the affected files remain on your computer. In other words, deleting files from the recycling bin does not remove them from the computer. The reason for this is important and, in many ways, beneficial. In some respects, many computer file systems work like an old library catalog system. A file is like a catalog card and contains the reference to the actual place on the hard drive where the information contained in the file is stored. When a user deletes a file, the computer does not actually clean all the affected hard drive space. Instead, to extend the analogy, the computer simply removes the card catalog entry that points to the hard drive space where the file is contained and frees up this space for new files. The reason this is usually beneficial is that cleaning the hard drive space occupied by a file can take a while. If you want evidence of this, look no further than the length of time required to reformat a hard drive (reformatting a hard drive actually clears the disk’s contents). The practical implication of the way hard drives work is that when you delete an important memo from your computer, it is not actually gone. Similarly, when you clear your browsing history, it is not gone. The bottom line is that an individual who can access your hard drive (a thief, the government, etc.) could view many or all of the files you deleted.
The solution to this problem is to ensure that when a file is deleted, the space on the hard drive occupied by that file is not simply flagged as available space but is entirely rewritten with unintelligible data. One of the best programs for accomplishing this is CCleaner (which formerly stood for “Crap Cleaner”!)
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You can tell I like my writing when I take a sentence from a post and make it the title.
Annnyway, my brief comment on the whistleblower who outed “Stellar Wind” is on the Cato@Liberty blog.
According to ABC News:
Despite pledges by President George W. Bush and American intelligence officials to the contrary, hundreds of US citizens overseas have been eavesdropped on as they called friends and family back home, according to two former military intercept operators who worked at the giant National Security Agency (NSA) center in Fort Gordon, Georgia.
It’s a simple formula: Lack of oversight produces abuses. Members of Congress may scurry around and declare outrage, but the responsibility is their own as much as anyone else’s.
Declan McCullagh has done some great reporting this morning on an ITU plan to trace the source of all Internet communications. Meaning: no more anonymous speech online.
The U.S. National Security Agency is also participating in the “IP Traceback” drafting group, named Q6/17, which is meeting next week in Geneva to work on the traceback proposal. Members of Q6/17 have declined to release key documents, and meetings are closed to the public.
Read the whole thing.
It’s particularly interesting to note the role of VeriSign in developing this surveillance capability for the ‘net. McCullagh quotes Tony Rutkowski of VeriSign stepping up to defend the plan. Rutkowski published a summary of the plan in May.
Great reporting by McCullagh. Not a great thing for VeriSign to be doing.