Privacy Safe Harbour and Australia

Privacy ‘safe-harbour’ and Australia

 – not safe enough?

The decision by the European Court of Justice to declare the Safe Harbour arrangements between the US and EU invalid will have interesting repercussions not only for European citizens and companies such as Facebook and Google, but also for countries that increasingly rely on selling services overseas like Australia and New Zealand.

The decision was made as result of a case brought by Austrian citizen Maximillian Schrems on the use of his data by Facebook and in particular the practices of the US government as revealed by Edward Snowden.

This judgment has the consequence that the Irish supervisory authority* is required to examine Mr Schrems’ complaint with all due diligence and, at the conclusion of its investigation, is to decide whether, pursuant to the directive, transfer of the data of Facebook’s European subscribers to the United States should be suspended on the ground that that country does not afford an adequate level of protection of personal data. http://curia.europa.eu press release 6 October
*Facebook European HQ is in Ireland

Safe Harbour, is an agreement that had been in place since 2000. It was supposed to give the protections to private data collected by multinational companies on EU citizens wherever it was stored. This allowed Facebook to store EU citizens’ data in the US or wherever it was most efficient, but required them to treat it to the EU’s standards, rather than the more relaxed US standards.

The judgement is an indication of the deep unhappiness in Europe with the US’s cavalier approach to non-US citizen’s data. The US’s binary approach to citizen rights makes many non-US citizens bristle. It is like the Pax Romana of the Roman Empire 2000 years ago.

This decision will not ‘destroy cloud’ in Europe or elsewhere. However, it will require some reorganisation. In this, it will hurt second and third tier players more than Facebook, Amazon and Google.

Moreover, the decision will not seriously curb mass surveillance. The dirty little (not so) secret is that all countries spy on their citizens for mostly good reasons, including the Europeans. It’s just that the US is better at it than most others.

When the big players jostle, smaller countries feel the waves.

For Australian organisations, not only those who hold EU citizens’ data, this decision should cause them pause for thought. Organisations that do not take privacy seriously, or only respect the privacy of a subset of their stakeholders, need to rethink their approach, if only in terms of the reputational damage of a breech in markets like the EU.

The Internet becomes less than one – Time for an International Law of Cyberspace

The Internet has never been one network for all, As much as some might wish, it is a motley collection of many nets with a very minimal governance. The main effect of this decision is to further balkanise the Internet in a similar way to content geo-blocking and country firewalls.

Smaller countries like Australia and New Zealand should be concerned. We need to be able to trade on an even playing field in services. And that means having an Internet that is common to us and our competitors, both in terms of technology and policy. We need common laws governing cyberspace as much as we need trade barriers on physical goods like rice to be reduced.

This is the time that Australia, New Zealand and similar countries should be pushing hard diplomatically for an international ‘Law of Cyberspace’ which achieves the equivalent that the conventions on the Law of the Sea  achieved for maritime commerce. It took 300 years for the Law of the Sea to come to pass and it’s still being updated – let’s hope that the law of cyberspace takes much, much less time.

 

 

 

Hacking the spies – or how to counter the cyber insurgency

You may have seen some fairly alarmist reporting from the ABC about Chinese interests hacking ASIO, Australia’s version of the FBI.

Information Dominos 1

 

New espionage?

For those who haven’t seen it. The allegations come from the Four Corners program and relate to compromises of sub-contractors of ASIO. ASIO is building a huge new central office and it seems that the Chinese managed to get the blueprints for the building. ASIO is a hard nut for a foreign intelligence agency to attack, so the way to get there is to use their contractors.

The point is that this is not any different from what would have occurred during the cold war! The Chinese or Russians for that matter would have previously used their human intelligence networks. It seems likely that this information would have been a target 50 years ago just as much as now.

Information Dominos 2

What is different then?

The difference is the sheer quantity of attacks that are occurring. We have moved from the Cold War, where the superpowers fought their battles in small third countries such as in South America, Africa or the Middle East to the new paradigm – the cyber insurgency. The wars between the superpowers have moved onshore to the malls and industrial parks of our cities and then they disappear. The authorities and companies are never quite sure who to trust and when / where the insurgent hackers will reappear.

The guerrilla must swim in the people as the fish swims in the sea.” –Aphorism based on the writing of Mao Zedong

Previously foreign intelligence agencies needed to identify targets and then find resources to compromise them. The new method is to attack anything that might be interesting and suck up whatever comes back. Spies no longer have the difficulty to get the information, they have the challenge to find the needles in the haystack. And they don’t differentiate between business and government. According to reports in the New York Times and a detailed report by Mandiant, any organisation that doesn’t protect its information security, whether private or public is potentially compromised.

4d

How can my organisation protect itself?

Paraphrasing the principles of counter-insurgency as espoused by David Galula and Robert Thompson

– the aim of the war is to gain the support of the population rather than control of territory

– most of the population will be neutral in the conflict.

– support of the population may be lost. The population must be efficiently protected to allow it to cooperate without fear of retribution

– in the guerilla phase of an insurgency, a government must secure its base areas first

Using these principles we can identify a strategic direction

The way to deal with an insurgency is through hearts and minds.Information Dominos 6

Organisations, whether government agencies or business need to share information with their public and other organisations. Only in this way can they create defence in-depth and help them protect themselves. The attacks on ASIO demonstrate that an organisations’ security is only as good as the weakest link. Importantly, the perimeters of risk in any organisation do not stop at the front door- if they ever did. Organisations suffer from hubris if they believe otherwise. This is why the concepts of deperimeterisation as espoused by the Jericho Foundation and others are so useful.

Organisations need to work out what they need to protect and set about protecting that. Declassification, although counter-intuitive is one way that can help organisations work out what information is valuable.

Organisations need to be adaptable and willing to work with the fact that most information will become available to their adversaries. They need to take advantage of the information in the intervening time.

By making information security central to their organisational decision process, organisations can become more adaptable to this evolving threat. This means moving the security officer from the corner office to the top-level of the organisation. In turn, the security officer needs to change his/her attitude from the ‘computer says no’ person, to the one who says, yes, this is the best way we can do it to make the organisation’s aims with tolerable risk.

Such an organisation is indeed resilient.  Change needs to come in the leadership of government and organisations to deal with it. I’m not sure they understand how big this challenge will be.

Information, if you don't protect it, it just fades away
Information, if you don’t protect it, it just fades away

 

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Online trusted identities – a primer

“Trust is the currency of the new economy”

You may have heard recently about the efforts being promoted by the USA and Australia amongst others to promote trusted online identities. There are also significant efforts in the private sector to develop online trust systems.

Trust will be the currency of the new economy as it was in the mediaeval village. During the late 19th and early 20th Century, formal identity credentials gradually replaced more informal systems of identifying people that we interacted with. Increasing population and technology drove this change. It was simply impossible to know everybody that you might deal with and so societies began to rely on commonly used credentials such as drivers’ licences to prove identity and ‘place’ in society. Of course, drivers’ licences don’t say much if anything about reputation. But if you think about  high value financial transactions you establish your identity and then you give a mechanism to pay for the transaction. Although in most cases it wouldn’t matter who you are, it gives the vendor some comfort that the name on your driver’s licence is the same as on your credit card and makes it just that bit more difficult to commit fraud on the vendor if the credit card isn’t legit. However this isn’t the case with interbank lending. Most of this is done on a trust basis within the ‘club’ of banks and it is only at a later time that the financials are tallied up for the day.

You can’t trust who or what is on the other end of the keyboard just because of what they say

What is a trusted ID?

Most simply, trusted online identity systems are the online equivalent of a physical credential such as a drivers’ licence used to give evidence of identity online. They can (but don’t have to) also be the basis for online reputation. They may also say something about the rights of the credential holder, such as that they are a resident in a particular country.

Which countries are developing trusted identity systems

The program in the USA is called NSTIC – National Strategy for Trusted Identities in Cyberspace. In Australia, the Prime Ministers’ department has been investigating the possibility of a trusted identity system as part of its work on a cyber policy paper which was due to be released ‘early in 2012’. At the same time, Australia has undertaken a number of processes of service delivery reform, government 2.0 and e-health. All without necessarily solving the problem of identifying whom they are dealing with online. The USA has gone beyond the planning stage and announced that it will move forward on development. As I mentioned recently. NIST has announced grants for pilot projects in NSTIC.

Some countries have already implemented online identity systems simply by migrating their physical identity cards online and allowing these to be used as trusted online systems. A number of Asian countries including Malaysia, Hong Kong and Singapore have proportions of their online services available through such means. Estonia probably leads the world in online service delivery with around 90% of the population having access to an online ID card and around 98% of banking transactions being via the Internet. More information at the Estonia EU website. While NSTIC was issued by the USA government, it calls for the private sector to lead the development of an Identity Ecosystem that can replace passwords, allow people to prove online that they are who they claim to be, and enhance privacy.  A tall order which runs the risk of creating an oligopoly of identity systems driven by corporate interests and not one which suits users. It may be a signal of things to come that Citibank and Paypal have recently been accepted to lead development of the NSTIC. There are also a number of private sector initiatives which come at the issue from a different perspective. Beyond Paypal, Google Wallet and the recently announced Apple Passbook are interesting initiatives which give some of the attributes of a trusted identity.

Why might we want one?

As more services go online from both government and business and more people want to use them there will be an increased demand for a way of proving who you are online without having to repeat the process separately with each service provider. In some ways this is already happening when we use PayPal to buy products not only on eBay, where it originated but also on Wiggle.co.uk and many others. The problem is that different services need different levels of trust between the vendor and the purchaser. Thinking about a transaction in terms of risk… The majority of private sector transactions online carry equal risk for both the vendor and customer. In that the customer risks that he or she won’t get a product or service from the transaction and the vendor risks that they won’t get the cash. Here online escrow services such as Transpact, or PayPal can help.

Where this doesn’t work well is where there complexity to the transaction.  The banking or government services sector are key areas where this is the case. Here the vendor must know their customer. One area might be analysing whether a customer can pay for a service on credit. Another is in applying for a passport, you need to prove that you are a citizen and pay a fee. However, the intrinsic value of the passport is far greater than the face value, as shown by the black market price. The result to the government if it issues the passport to the wrong person is not the value of the nominal fee, but closer to the black market value of the passport.

As a result, we are at an impasse online, in order for more ‘high trust’ services to go online the community has to have more trust that people are who they say they are.

Who might need a trusted identity?

If you take the Estonian example, 90% of the population. Most of us carry around some form of identity on our persons that we can present if required. In some countries, it’s the law that a citizen must carry their identity card around with them. In Australia and Canada and other countries, it’s a bit more relaxed. In the end the question will be whether a trusted id is used by customers and required by vendors. This will be influenced by whether there are alternative ways of conveying trust between people and institutions which are independent of the concept of identity in the traditional sense of the word

Next time:

What are the security and safety implications of a trusted identity and a discussion of about social footprint and whether this may overtake government efforts

 

Why the world needs the cyber equivalent of an international law of the sea

Islands of order in a sea of chaos

I’ve been thinking for the best part of the last decade about Internet governance and its impact on national security. In that time, little has changed to improve security for users.

The Internet as we know it today can be compared in many ways to the high seas during the swashbuckling so-called Golden age of Piracy between around 1650 and 1730 when pirates ruled the Caribbean.

Why is this comparison valid? Because in the Internet today, like on the high seas of yesteryear, there are islands of order surrounded by seas of chaos. The islands of order are the corporate networks like Facebook, Google, Amazon, Ebay etc and those run by competent governments for their citizens. However, between these orderly Internet islands are large areas where there are no rules and where pirates and vagabonds thrive. An additional similarity is that some of the most competent and successful historical pirates operated with the explicit support from countries seeking to further their national aims.

Even those who govern the orderly Internet islands are subject to bold attacks from chaos agents if they are not vigilant! Witness the compromise of Linkedin earlier this year and very few governments have not had some significant compromise affect their operations.

On the high seas, piracy has been reduced significantly since the 18th Century. With the exception of places like the coast of Somalia, there are now far fewer places where there is a significant piracy problem.  There are a number of reasons why this has been a success. Not least of these has been the development of law of the high seas.

In cyberspace, the world also needs to be moving on from the swashbuckling days. Internet criminals need to be hunted down in whichever corner of the Internet they lurk. Additionally, the concept that some countries could give free reign to local cyber-criminals, as long as they don’t terrorise their own countrymen/women, is an anathema in the 21st Century.

The long term solution has remained in my view a cyber version of the  UN Convention on the Law of the Sea. UCLOS is the international agreement, most recently updated in 1982 that governs behaviour by ships in international waters. Apart from other things the convention deals with acts of piracy committed in international waters.

In the same way, a similar international cybercrime convention could deal with acts where the victim was from for example the USA, the criminal from the Vatican and the offence committed on a server in South Korea.

It would seem that at the moment any move towards a UN convention has gone off the boil. A proposal was shot down in 2010 over disagreements around national sovereignty and human rights. As well, the European Union and USA  position was that a new treaty on cyber crime was not needed since the Council of Europe Convention on Cyber Crime had already been in place for 10 years and has been signed or ratified by 46 countries since  2001.

As I recently noted, wariness by both USA and China continues and means that any international agreement which includes Western countries and the BRICs will be a long time coming. China, Russia and other countries submitted a Document of International Code of Conduct for Information Security to the United Nations in 2011 which the USA seems to have dismissed out of hand.

A code of conduct is nice and the Council of Europe convention is a good start, but they need to be supported by some sort of international cyber ‘muscle’ in the long term.

However, all is not lost. In the meantime, working to coordinate the orderly organisations’ defences that I wrote about before, is a practical step that organisations and governments should be doing more of. This is the cyber equivalent of escorting ships through dangerous waters and passing them from one island of order to another.

There’s a good reason for this, and here’s the resilience message. The cyber-security of an organisation does not begin and end at their firewall or outer perimeter. Whilst in most cases an organisation cannot force other organisations to which it is connected to change, it can maintain vigilance over areas outside its direct sphere of control. This then allows the organisation more time to adapt to its changing environment and of course, a chain is only a strong as its weakest link.

The other step to be taken is to help emerging nations and organisations with poor online security to improve their cyber-defences. If the first step was like escorting ships between the orderly islands, this second step is the equivalent of helping nearby islands to improve their battlements so that the pirates don’t take over and then attack us! This work has been going on for some time. I chaired a number of seminars on cyber security and the need for computer emergency response teams for the APEC telecommunication and information working group which began this work in 2003 and this has been carried on by a number of countries around the world in fits and starts, but we need more.

Alex