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Anti-Terrorism Hypothetical: Bulk Scanning of Hosted Files? (justsecurity.org)

An anonymous reader writes: The tech community has spoken: we don't want the NSA or any other government agency running bulk surveillance on us, and we don't want tech companies to help them. But Bruce Schneier points out an interesting hypothetical raised by Harvard Law School professor Jonathan Zittrain: "Suppose a laptop were found at the apartment of one of the perpetrators of last year's Paris attacks. It's searched by the authorities pursuant to a warrant, and they find a file on the laptop that's a set of instructions for carrying out the attacks. ... The private document was likely shared among other conspirators, some of whom are still on the run or unknown entirely. Surely Google has the ability to run a search of all Gmail inboxes, outboxes, and message drafts folders, plus Google Drive cloud storage, to see if any of its 900 million users are currently in possession of that exact document.

If Google could be persuaded or ordered to run the search, it could generate a list of only those Google accounts possessing the precise file — and all other Google users would remain undisturbed, except for the briefest of computerized 'touches' on their accounts to see if the file reposed there." Zittrain asks: would you run the search? He then walks us through some of the possible complications to the situation, and the pros and cons of granting permission. His personal conclusion is this: "At least in theory, and with some real trepidation, I'd run the search in that instance, and along with it publicly establish a policy for exactly how clear cut the circumstances have to be (answer: very) for future cases to justify pressing the enter key on a similar search." What would you do?

21 of 284 comments (clear)

  1. And what about false positives? by Z00L00K · · Score: 4, Insightful

    What about false positives - like if a document has been mass-mailed or put as a part of a story etc.?

    I an imagine that we would end up into a situation of "guilty unless proven innocent".

    --
    If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    1. Re:And what about false positives? by DaHat · · Score: 4, Insightful

      Nice conclusion jumping you've got there, you missed something though...

      Possession of such a document is little different than having a digital or dead tree version of the Anarchist Cookbook (the buyers of which I'm sure Amazon could be compelled to release to investigators).

      It would simply mean that such owners might get a second or third look to see if they are up to anything else that seems fishy, maybe even get a few extra screenings at the airport and digital checks to see if you've been chatting with any suspected/known terrorists... if so, then things could difficult for you.

      I'm sure the RIAA/MPAA would also like the tech companies to use such an ability for themselves, do a search for all copies Let_It_Go.mp3 with a given hash that was known to have been on a file sharing site and send them each bills... however neither means you are criminally or civilly liable.

    2. Re:And what about false positives? by Anonymous Coward · · Score: 4, Insightful

      The Fourth Amendment was written precisely because we didn't want people trawling through our lives looking for things to hang us for.

      That we seriously consider "hmm, maybe it's not so bad to search millions of innocent people for criminal tendencies" is a condemnation of our society.

  2. Why just Gmail? How far do you want to go today? by duguk · · Score: 5, Insightful

    Other email providers exist, which ones do we force or ask to scan all their documents?
    Do we force companies to scan theirs too?
    Get developers to add backdoors scanners to all their software?

    This isn't a new problem.
    Even though it's hypothetical, it's still dumb.

  3. What else is searched for by joe_frisch · · Score: 5, Insightful

    Once the government has the ability to scan files belonging to hundreds of millions of users for a specific document, it might be easy to broaden that. Searches for similar documents. Searches for a standard set of illegal materials - say known child porn images. Searches for copyrighted materials like movies and audio.

    Specifically searching for a specific document with a known like to terrorism doesn't bother me, but the extensions do. I absolutely do not want to give the government the right to search for anything illegal - and I don't see a clear way to enforce the distinction.

    The innocent have nothing to fear, but there are few absolutely innocent people

    1. Re:What else is searched for by DaHat · · Score: 3, Informative

      Searches for a standard set of illegal materials - say known child porn images.

      Some services already do that to try to uphold their terms of service: http://venturebeat.com/2012/08...

    2. Re: What else is searched for by guruevi · · Score: 3, Insightful

      It should bother you though. This is akin to a house-to-house search by the government. Your documents are your documents regardless of where you store them. Just because it is digital and therefore easier doesn't mean it's legal, if the cops came by your house everyday or several times per day to search your house for "terrorism", even if they didn't disturb anything and put everything back where they found it would you let them?

      --
      Custom electronics and digital signage for your business: www.evcircuits.com
  4. This already happens by Kjella · · Score: 5, Informative

    Send or receive a known kiddie porn image through GMail and they will tip the authorities. That hash check can be used for anything the government wants to find people in possession of, just hand them a hash and a NSL.

    --
    Live today, because you never know what tomorrow brings
  5. Re:Why just Gmail? How far do you want to go today by khasim · · Score: 4, Insightful

    How about searching the account of the one person they've identified to find out which other accounts he had mailed that to?

    Then the government can get warrants to search those accounts as well.

    As long as they are not in another country or otherwise protected or delete all records after a certain time.

  6. Too complicated by Hognoxious · · Score: 3, Insightful

    Too complicated for me. We should refer this one to Bennett Haselton.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  7. I have a better idea by epyT-R · · Score: 4, Insightful

    Lets deal with threats like ISIS at their source rather than playing wack-a-mole with our liberties here at home.

    1. Re:I have a better idea by ScentCone · · Score: 3, Insightful

      Lets deal with threats like ISIS at their source rather than playing wack-a-mole with our liberties here at home.

      The problem is that the source of ISIS is a medieval-minded culture comprised of billions of people, hundreds of millions of which at the least happily applaud ISIS-like and Taliban-esque behavior. What did you have in mind in terms of solving that problem? Were you proposing to go into those countries and change how they mal-educate their citizens? Just conduct a little cultural imperialism to fix how they think? Hint: that's exactly what they're complaining about: the fundamentalists among them (who comprise and finance groups like ISIS) are using violence to establish a geographical zone that they hope will be completely impervious to such western taint. And then they want to spread that zone everywhere, to get rid of the taint. Please be more specific about your "deal with" plan.

      --
      Don't disappoint your bird dog. Go to the range.
    2. Re:I have a better idea by epyT-R · · Score: 5, Insightful

      Maybe it's time to declare war on the countries harboring and funding these organizations instead of making 'peace' deals with them. Targeting our own citizens with 'not all muslims are like that' shaming language propaganda to placate these radical idiots doesn't seem to be doing the job. Are our leaders just spineless or do they think that 'infinite consensus' solves everything? I'm not sure, but it's obvious it is not working.

      We no longer tolerate fundamentalist christians teaching 'creation' in place of science, nor allow them to trample women's reproductive rights. Why should irrational muslim belief be given any more quarter, especially if it is violent and has clear intention to bring down western civilization?

    3. Re:I have a better idea by epyT-R · · Score: 3, Interesting

      Maybe it's time for less 'compromise' and more action? If these groups are truly the threat indicated by western governments, then the last thing they should be doing is shaming their own populations with 'tolerance' propaganda, especially while attacks and radicalization of western citizens continue. Why do you think Trump is so popular? People are tired of talk and 'compromise' that gets nowhere.

      No, I'm not suggesting 'reeducation'. I'm talking doing whatever is necessary, including war, if that's what it takes. Send the countries harboring them a clear message. If what you say is true, then leaving them alone might solve it as well, but somehow I doubt pulling out would change much. Many of these groups want a worldwide muslim caliphate. They're 'imperialist' as well.

  8. Government is too big and too unaccountable by Kohath · · Score: 5, Insightful

    The problem with this search is that government is too big and too unaccountable to be allowed that capability. Governments and law enforcement agencies routinely act unjustly. They use violence and threats needlessly, acting as bullies rather than public servants. And they are almost never punished when they commit crimes.

    If governments showed humility and served the public, maybe you'd consider letting them search something occasionally. But that sort of government seems like an impossible fantasy these days. So no. Not until they prove they can be trusted -- which unfortunately means probably never.

  9. Re: Why just Gmail? How far do you want to go toda by TheMeuge · · Score: 3, Interesting

    The problem is that this is the precise definition of slippery slope. As attractive as it would be to scan for such content legally, this is not the kind of toys we want the government to have. Would the government as with a foreign enemy, we should be discussing capabilities, not intentions. The one inescapable truth is that any capabilities of a bureaucratic entity are going to be abused. If you don't want the abuse, don't give them these capabilities took begin with.

  10. so Bruce started working with the DHS a while back by Anonymous Coward · · Score: 4, Insightful

    This didn't make the DHS smarter. It only made Bruce dumber.

    Let's start with his example: the Paris attacks. The Paris attackers plotted everything using... wait for it... SMS. Just about the least-secure communications system ever devised. About the only way they could have fucked up worse would be if they planned the attacks inside a police station, talking to each other with bullhorns. That's not surprising, of course; the criminal geniuses whose masterplan was "get guns and shoot people with them" aren't going to think of using encryption, decentralized communication, or anything else that even the average slashtard knows how to do.

    Now let's move on to Bruce's example. So the police capture or kill a suspect, find his place of residence, find his laptop, his laptop is unencrypted, the terrorist masterplan is just sitting there in plaintext, and... that's it? There aren't any other or better investigative leads? Their best and fastest strategy is to ask Google or whoever to scan all the data of 900+ million users? There's no other evidence on the laptop, no "electronic paper trail" from his online communications, nothing useful in his apartment, they couldn't recover his phone, they can't track the gun he used, they've got *nothing* except a mass surveillance dragnet? The cops just gotta twiddle their thumbs for several hours while Google/Apple/Microsoft/Yahoo/whoever process their request and get back to them? The same terrorist who was so smart he covered all of his tracks was also so dumb he left this vital, identifying, incriminating piece of evidence just waiting for the cops to find it?

    It took me as long to read about this idea as it did for me to invent a countermeasure to it. Take some JPEG of a stupid meme, append the terrorist masterplan to the end of the file (or just stick it somewhere in the EXIF data), attach it to an email with the subject line "ch34p V14Gr4!!!!," and use a compromised webserver to bulkmail it your co-conspirators (and a few hundred thousand other people). I'm pretty sure even the dumbest terrorist can manage to download a JPEG, open it with Notepad, and scroll past the gibberish until he finds something he can actually read, and meanwhile the counterterrorism geniuses are working their way through a pool of suspects big enough to populate San Francisco.

    This is fucking stupid, Bruce. You're asking me to buy some hypothetical scenario where the perpetrators are so dumb that this strategy would work and yet so smart that this is the best strategy that would work.

  11. NO WAY IN HELL. by kheldan · · Score: 3, Interesting

    First and foremost: You think the 'bad guys' haven't already thought of something like this? You really think they're sending out their most secret plans out in the clear, or even sending them out at all? Anyone with half a brain would either encrypt them somehow (either digitally or by more traditional methods), or use stegonography, or hand-carry them, or commit them to memory, not leave a trail of breadcrumbs that any armchair detective could follow.

    Second: This would set the precedent to bring about the absolute and total end of even a pretense of privacy for everyone. It would become leveraged for seaches of anything and everything; everyone's lives would in essence be laid bare for any government agency with a half-assed reason for a search. Not much longer after that the private sector would find a way in, and I wouldn't at all be surprised if not long after that, it would be used outright for marketing datamining.

    This is a dangerous, stupid idea, and no way in Hell should it ever be allowed to even be so much as discussed as actual legislation.

    --
    Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
  12. Mod parent up. by khasim · · Score: 4, Insightful

    Would the government as with a foreign enemy, we should be discussing capabilities, not intentions.

    To be clear on this ... while you may trust President A not to abuse this, that means that you must also trust Presidents B, C, D, etc. Eventually there will be someone elected that you really do not agree with.

    And that person will have all the authority you supported for the people you did agree with.

    And none of the inhibitions on abusing that authority.

  13. USSA by quintessencesluglord · · Score: 3, Insightful

    Supposedly the USSR had copy machines etched so that it was possible to track down the source of aberrant materials. A means of tracking is also done with consumer copiers in the name of reducing fraud, but there is no law restricting it solely to that use.The Federalist Papers would be an anathema today.

    Exactly how much further down this rabbit hole do we want to go? Yes, it is fine and good that these measures will only be used with the best of intentions, but if the difference between a police state and your liberal democracy is intentions, you are already fucked.

    1. Re:USSA by Groo+Wanderer · · Score: 4, Informative

      This is done in the US with all printers, copiers, and just about anything else that can produce digital output. They are all watermarked with the printer info, time and date, plus likely other stuff encoded in (usually) yellow dots all over the page. The EFF had a decryption project for it, not sure how it ended up but the landing page is here:

      https://www.eff.org/issues/pri...