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Will Security Firms Detect Police Spyware?

cnet-declan writes "A recent appeals court case dealt with Drug Enforcement Administration agents using a key logger to investigate a suspect using PGP and Hushmail. That invites the obvious question: Will security companies ever intentionally overlook police spyware? There were somewhat-muddled reports in 2001 that Symantec and McAfee would do just that, so over at News.com we figured we'd do a survey of the top 13 security firms. We asked them if it is their policy to detect policeware. Notably, Check Point said it would 'afford law enforcement' the courtesy of whitelisting if requested. We've also posted the full results, with the companies' complete answers. Another question we asked is if they have ever received a court order requiring them to overlook police key loggers or spyware. Symantec, IBM, Kaspersky, and others said no. Only Microsoft and McAfee refused to answer."

18 of 269 comments (clear)

  1. Would you TRUST their answers if they said "no"? by khasim · · Score: 4, Insightful

    I don't trust any of them NOT to do whatever the cops/government want(s).

    Open Source all the way.

  2. New solution by Anonymous Coward · · Score: 4, Funny

    I am going to send all my private messages by owl from now on.

  3. note to self by timmarhy · · Score: 4, Informative
    "Check Point said it would 'afford law enforcement' the courtesy of whitelisting if requested"

    never buy anything from check point.

    --
    If you mod me down, I will become more powerful than you can imagine....
    1. Re:note to self by evanbd · · Score: 5, Insightful

      Warrants should be required for the police to install the keylogger, and a court order or similar should be required for the AV program vendor to assist. If the necessary warrants and orders are in place, by all means, they ought to comply. But CheckPoint has said they don't feel a need to wait for such -- just the say-so of the police. That way lies abuse of power.

    2. Re:note to self by Copid · · Score: 5, Insightful

      I don't totally disagree in theory, but as I see it,the problem with this is similar to the problem with encryption key escrow: If there's a hole in the security for the "good guys" the "bad guys" will figure out how to exploit it. If the government has a way to get your encryption keys, even assuming that they're always on their best behavior, you can bet that a smart kid somewhere will figure out how to get your keys as well, and you can't assume that he'll be on his best behavior. Likewise, if you program a blind spot into a virus / malware scanner, I don't think it's unreasonable to bet that the same kid will figure out a way to make his malware look benign enough to slip through the same hole.

      It's a simple rule of security: If there's a low security path, the bad guys will take it. That's how they win. Assuming otherwise is silly.

      --
      An interesting anagram of "BANACH TARSKI" is "BANACH TARSKI BANACH TARSKI"
    3. Re:note to self by Danse · · Score: 4, Insightful

      If they have a court order (with proper oversight), I don't see a problem with this Read a newspaper in the last few years? Oversight is pretty much non-existent anymore.
      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    4. Re:note to self by statusbar · · Score: 4, Interesting

      All that needs to be done is for a hacker to find out what specific software is used by the police, and subvert it so that the hacker can use it to attack people while the spyware detector software purposely ignores it, thinking that it is from the police.

      --jeffk++

      --
      ipv6 is my vpn
    5. Re:note to self by HiThere · · Score: 4, Interesting

      You *have* noticed what kind of oversight is being provided these days? When ANY is provided...

      Oversight essentially means they run back to the office and time-stamp a preprinted form. There's a little more involved than that, but not much. They get to choose the most pliable judge available...and there are some who are pretty pliable.

      The bizarre thing is that even THAT much oversight is seen as too much by those in charge of the snooping agencies. And it's not usually because of urgency. (As I recall they can get special exemptions for planting a bug on a target of opportunity...retroactive permission.)

      The current moral corruption of the police appears to extend all the way from the local level to the federal. (I hope your local police are still honest. If so, count yourself lucky...or uninformed.)

      This current level of corruption probably reaches back to Nixon's Imperial Presidency, and before him to FDR's centralization of the government. And before him, also. (Notice that it's not specific to any one party. What one party does, the other party rarely repeals.) With the removal of habeas corpus it's barely disguised any more. This *IS* a police state. So far it's a more humane one than most of it's predecessors, but it has the diagnostic features. Britain is, or appears to be headed, the same way.

      Probably this is because of two basic features:
      1) Population density makes it more difficult to control people, and
      2) The removal of a frontier means that if the powers that be get mad at you, there's no place to escape to.
      Ostensibly these two factors pull in opposite directions, but actually the freedom of the frontier had a back-transference that lead to greater liberty in the sessile population.

      What can be done? Solutions seem either difficult or undesirable. Either drastically decrease the population (H5N1 may attempt this solution), or create a new frontier (which must be reachable at least by the middle class, if not by the impoverished). Space travel appears too expensive for the foreseeable future. Ditto for under-sea colonies. And it has to be a meat-space frontier. Virtual realities don't have the same "getting out from under the thumb of an oppressive government" effect (except in fantasy...which isn't sufficient).

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  4. Fastens buckle on tinfoil hat by fishthegeek · · Score: 4, Insightful

    I'm not normally given to conspiracies, but this is ridiculous. The fact that we're having this conversation means that at least someone is concerned about the possibility of Government key loggers not being detected, and if it's taken someone outside of gov't this long to discuss it then I feel certain that the gov't itself has been thinking about this for some time.

    These companies will cave to whatever law enforcement agency has jurisdiction for the investigation quicker than the last Harry Potter book hit the torrents. The only possible exception would be those AV companies that are immediately outside of the grasp of the agency involved. I don't even think that those companies are safe because their own governments would likely bear pressure to comply.

    --
    load "$",8,1
  5. Whitelisting entities? by Pitawg · · Score: 5, Insightful

    As far as I am concerned, no company that white-lists "entities" is in security.

    White-listing processes/applications/files/data is not global, and is the only level for security. White-listing a company or organization is never an option. It is politics.

  6. The respondents weaseled by Cafe+Alpha · · Score: 5, Interesting

    You'll notice that when asked about key loggers they started talking about methods of detection other than signature recognition. Kaspersky even mentioned that he wasn't talking about signature recognition which is the only reliable method.

    You can take this as a hint that none of the companies is distributing signatures of the programs that the government uses.

  7. TFA didn't ask about National Security Letters by schwaang · · Score: 4, Informative

    The question was "Have you ever received such a court order signed by a judge...".
    But if what they had received instead was a NSL, they would be under a gag provision (with *jail* as the penalty) to not mention anything about it.

    That's only in Amerika of course.

    1. Re:TFA didn't ask about National Security Letters by schwaang · · Score: 4, Informative

      Totalitarian dictatorships absolutely would do this. But then, that's actually my point.

  8. Police spyware used by the dark side? by syousef · · Score: 4, Interesting

    1. Whitelist police spyware
    2. Crim gets hold of police spyware
    3. Crim gets pwns your machine, steals your identity and makes your life a living hell for the next 3 years or more.

    If you paid for a piece of anti-spyware and they leave a backdoor open like this, isn't that a case of negligence?

    --
    These posts express my own personal views, not those of my employer
  9. Well, this isn't exactly new... by Penguinisto · · Score: 4, Informative
    Seriously - there's even a good reason why MSFT doesn't really want to talk about it.

    /P

    --
    Quo usque tandem abutere, Nimbus, patientia nostra?
  10. -1, Moot by StikyPad · · Score: 5, Insightful

    Unlike traditional malware, "policeware" would only be present on the target machine(s), rather than spread to any and every computer, so it's extremely unlikely that AV vendors would ever receive a sample. No sample means it would continue to go undetected, provided it was designed to go undetected in the first place.

    And how often do you look at the back of your computer? How often do you think the average user does, or would even notice anything out of the ordinary if they were staring right at one? Sure, this is more difficult on a laptop since it would have to be opened, but it would also be even more discreet. I'm not aware of any products on the market for laptops, but I'm sure LE could commission one to be made, if necessary.

    The point is, it would be an incompetent department indeed which needed cooperation from AV suppliers to keep their surveillance methods discreet.

  11. Re:Security by Jugalator · · Score: 5, Informative

    Decoded because tinfoiling or making a point this way is just plain annoying... :-p

    "Government agencies and backdoors in technology products have a long and frequently clandestine relationship. One 1995 expose by the Baltimore Sun described how the National Security Agency persuaded a Swiss firm, Crypto, to build backdoors into its encryption devices. In his 1982 book, The Puzzle Palace, author James Bamford described how the NSA's predecessor in 1945 coerced Western Union, RCA and ITT Communications to turn over telegraph traffic to the feds."

    With Bush in office you can only expect more of the same.

    --
    Beware: In C++, your friends can see your privates!
  12. McAfee and Symantec dropped the ball by BillGatesLoveChild · · Score: 5, Informative

    Consider what happened with the SONY rootkit? Bruce Schneier (Cryptography and Security Expert) reported that Symantec and McAfee who both knew about the SONY rootkit did not add it to their signatures file. Apparently if SONY hacks your computer, that's fine with them! They only updated their files once SONY themselves had retracted the rootkit. http://www.schneier.com/blog/archives/2005/11/sony s_drm_rootk.html

    If Symantec and McAfee will let SONY hack your PC, they'll let the government hack your PC.

    Can anyone recommend a virus scanner that looks after the customer rather than the virus companies one-day maybe potential business partners if they get lucky?