The Cyphernomicon

11. Surveillance, Privacy, And Intelligence Agencies

11.1. copyright
THE CYPHERNOMICON: Cypherpunks FAQ and More, Version 0.666,
1994-09-10, Copyright Timothy C. May. All rights reserved.
See the detailed disclaimer. Use short sections under «fair
use» provisions, with appropriate credit, but don’t put your
name on my words.

11.2. SUMMARY: Surveillance, Privacy, And Intelligence Agencies
11.2.1. Main Points
11.2.2. Connections to Other Sections
11.2.3. Where to Find Additional Information

  • Bamford («The Puzzle Palace»), Richelson (several books,
    including «U.S. Intelligence Agencies»), Burrows («Deep
    Black,» about the NRO and spy satellites), Covert Action
    Quarterly
    11.2.4. Miscellaneous Comments

11.3. Surveillance and Privacy
11.3.1. We’ve come a long way from Secretary of State Stimpson’s
famous «Gentlemen do not read other gentlemen’s mail»
statement. It is now widely taken for granted that Americans
are to be monitored, surveilled, and even wiretapped by the
various intelligence agencies. The FBI, the National Security
Agency, the CIA, the National Reconnaissance Office, etc.
(Yes, these groups have various charters telling them who
they can spy on, what legalities they have to meet, etc. But
they still spy. And there’s not an uproar–the «What have you
got to hide?» side of the American privacy dichotomy.)
11.3.2. Duncan Frissell reminds us of Justice Jackson’s 1948
dissenting opinion in some case:

  • «The government could simplify criminal law enforcement by
    requiring every citizen «to keep a diary that would show
    where he was at all times, with whom he was, and what he
    was up to.» [D.F. 1994-09-06, from an article in the WSJ]
  • (It should be noted that tracking devices–collars,
    bracelets, implantable transmitters–exist and are in use
    with prisoners. Some parents are even installing them in
    children, it is rumored. A worry for the future?)
    11.3.3. «What is the «surveillance state»?»
  • the issue with crypto is the centralization of
    eavesdropping…much easier than planting bugs
  • «Should some freedom be given up for security?»
    • «Those who are willing to trade freedom for security
    • deserve neither
    • freedom nor security
      • Ben Franklin
    • the tradeoff is often illusory–police states result when
      the trains are made to run on time
  • «It’s a bit ironic that the Administration is crying foul
    so loudly
    over the Soviet/Russian spy in the CIA — as if this was
    unfair —
    while they’re openly proclaiming the right to spy on
    citizens
    and foreigners via Clipper.» [Carl Ellison, 1994-02-23]
  • Cameras are becoming ubiquitous
    • cheap, integrated, new technologes
    • SDI fisheye lens
    • ATMs
    • traffic, speed traps, street corners
    • store security
  • Barcodes–worst fear of all…and not plausible
  • Automatic recognition is still lacking
    • getting better, slowly
    • neural nets, etc. (but these require training)
      11.3.4. «Why would the government monitor my communications?»
  • «Because of economics and political stability….You can
    build computers and monitoring devices in secret, deploy
    them in secret, and listen to everything. To listen to
    everything with bludgeons and pharmaceuticals would not
    only cost more in labor and equipment, but also engender a
    radicalizing backlash to an actual police state.» [Eric
    Hughes, 1994-01-26]
  • Systems like Digital Telephony and Clipper make it much too
    easy for governments to routinely monitor their citizens,
    using automated technology that requires drastically less
    human involvement than previous police states required.
    11.3.5. «How much surveillance is actually being done today?»
  • FBI and Law Enforcement Surveillance Activities
    • the FBI kept records of meetings (between American
      companies and Nazi interests), and may have used these
      records during and after the war to pressure companies
  • NSA and Security Agency Surveillance Activities
    • collecting economic intelligence
    • in WW2, Economic Warfare Council (which was renamed Board
      of Economic Warfare) kept tabs on shipments of petroleum
      and other products
    • MINARET, code word for NSA «watch list» material
      (intercepts)
    • SIGINT OPERATION MINARET
    • originally, watch list material was «TOP SECRET
      HANDLE VIA COMINT CHANNELS ONLY UMBRA GAMMA»
    • NSA targeting is done primarily via a list called Intelligence Guidelines for COMINT Priorities (IGCP)
      • committe made up of representatives from several
        intelligence agencies
      • intiated in around 1966
    • revelations following Pentagon Papers that national
      security elsur had picked up private conversations (part
      of the Papers)
    • timing of PP was late 1963, early 1964…about time UB
      was getting going
    • F-3, the NSA’s main antenna system for intercepting ASCII
      transmissions from un-TEMPESTed terminals and PCs
    • signals can be picked up through walls up to a foot
      thick (or more, considering how such impulses bounce
      around)
  • Joint FBI/NSA Surveillance Activities
    • Operation Shamrock was a tie between NSA and FBI
    • since 1945, although there had been earlier intercepts,
      too
    • COINTELPRO, dissidents, radicals
    • 8/0/45 Operation Shamrock begins
      • a sub rosa effort to continue the monitoring
        arrangements of WW II
      • ITT Communications agreed to turn over all cables
      • RCA Communications also turned over all cables
      • even had an ex-Signal Corps officer as a VP to
        handle the details
      • direct hookups to RCA lines were made, for careful
        monitoring by the ASA
      • cables to and from corporations, law firms,
        embassies, citizens were all kept
      • 12/16/47 Meeting between Sosthenes Behn of ITT, General Ingles of RCA, and Sec. of Defense James Forrestal
        • to discuss Operation Shamrock
        • to arrange exemptions from prosecution
    • 0/0/63 Operation Shamrock enters a new phase as RCA Global switches to computerized operation
      • coincident with Harvest at NSA
      • and perfect for start of UB/Severn operations
    • 1/6/67 Hoover officially terminates «black bag» operations
      • concerned about blowback
      • had previously helped NSA by stealing codes, ciphers,
        decrypted traffic, planting bugs on phone lines, etc.
      • from embassies, corporations
      • unclear as to whether these operations continued
        anyway
      • Plot Twist: may have been the motivation for NSA and
        UB/Severn to pursue other avenues, such as the use of
        criminals as cutouts
      • and is parallel to «Plumbers Unit» used by White
        House
    • 10/1/73 AG Elliot Richardson orders FBI and SS to stop requesting NSA surveillance material
      • NSA agreed to stop providing this, but didn’t tell
        Richardson about Shamrock or Minaret
      • however, events of this year (1973) marked the end of
        Minaret
    • 3/4/77 Justice Dept. recommends against prosecution of any NSA or FBI personnel over Operations Shamrock and Minaret
      • decided that NSCID No. 9 (aka No. 6) gave NSA
        sufficient leeway
    • 5/15/75 Operation Shamrock officially terminated
    • and Minaret, of course
    • Operation Shamrock-Details
    • 8/0/45 Operation Shamrock begins
      • a sub rosa effort to continue the monitoring
        arrangements of WW II
      • ITT Communications agreed to turn over all cables
      • RCA Communications also turned over all cables
      • even had an ex-Signal Corps officer as a VP to
        handle the details
      • direct hookups to RCA lines were made, for careful
        monitoring by the ASA
      • cables to and from corporations, law firms,
        embassies, citizens were all kept
      • 12/16/47 Meeting between Sosthenes Behn of ITT, General Ingles of RCA, and Sec. of Defense James Forrestal
        • to discuss Operation Shamrock
        • to arrange exemptions from prosecution
    • 0/0/63 Operation Shamrock enters a new phase as RCA Global switches to computerized operation
      • coincident with Harvest at NSA
      • and perfect for start of UB/Severn operations
    • 8/18/66 (Thursday) New analysis site in New York for Operation Shamrock
      • Louis Tordella meets with CIA Dep. Dir. of Plans and
        arranges to set up a new listening post for analysis
        of the tapes from RCA and ITT (that had been being
        shipped to NSA and then back)
      • Tordella was later involved in setting up the watch
        list in 1970 for the BNDD, (Operation Minaret)
      • LPMEDLEY was code name, of a television tape
        processing shop (reminiscent of «Man from U.N.C.L.E.»
      • but NSA had too move away later
    • 5/15/75 Operation Shamrock officially terminated
    • 10/1/73 AG Elliot Richardson orders FBI and SS to stop requesting NSA surveillance material
      • NSA agreed to stop providing this, but didn’t tell
        Richardson about Shamrock or Minaret
      • however, events of this year (1973) marked the end of
        Minaret
    • Abzug committee prompted by New York Daily News report,
      7/22/75, that NSA and FBI had been monitoring
      commercial cable traffic (Operation Shamrock)
    • 6/30/76 175 page report on Justice Dept. investigation of Shamrock and Minaret
      • only 2 copies prepared, classified TOP SECRET UMBRA,
        HANDLE VIA COMINT CHANNELS ONLY
    • 3/4/77 Justice Dept. recommends against prosecution of any NSA or FBI personnel over Operations Shamrock and Minaret
      • decided that NSCID No. 9 (aka No. 6) gave NSA
        sufficient leeway
    • the NSA program, begun in August 1945, to monitor all telegrams entering or leaving the U.S.
      • reminiscent of Yardley’s arrangements in the 1920s
        (and probably some others)
      • known only to Louis Tordella and agents involved
      • compartmentalization
    • Plot Links of Operation Shamrock to Operation Ultra Black
      • many links, from secrecy, compartmentalization, and
        illegality to the methods used and the subversion of
        government power
      • «Shamrock was blown…Ultra Black burrowed even
        deeper.»
    • NSA, FBI, and surveillance of Cuban sympathizers
    • «watch list» used
    • were there links to Meyer Lansky and Trafficante via
      the JFK-Mafia connection?
    • various Watergate break-in connections (Cubans used)
    • Hoover ended black-bag operations in 1967-8
    • NSA, FBI, and Dissenters (COINTELPRO-type activities)
    • 10/20/67 NSA is asked to begin collecting information related to civil disturbances, war protesters, etc.
      • Army Intelligence, Secret Service, CIA, FBI, DIA were
        all involved
      • arguably, this continues (given the success of FBI
        and Secret Service in heading off major acts of
        terrorism and attempted assassinations)
    • Huston Plan and Related Plans (1970-71)
    • 7/19/66 Hoover unofficially terminates black bag
      operations
    • 1/6/67 Hoover officially terminates black bag operations
      • fearing blowback, concerned about his place in
        history
    • 6/20/69 Tom C. Huston recommends increased intelligence activity on dissent
      • memo to NSA, CIA, DIA, FBI
      • this later becomes basis of Huston Plan
    • 6/5/70 Meeting at White House to prepare for Huston Plan; Interagency Committee on Intelligence (Ad Hoc), ICI
      • Nixon, Huston, Ehrlichman, Haldeman, Noel Gayler of
        NSA. Richard Helms of CIA, J. Edgar Hoover of FBI,
        Donald V. Bennett of DIA
      • William Sullivan of FBI named to head ICI
      • NSA enthusiastically supported ICI
      • PROD named Benson Buffham as liaison
      • sought increased surreptitious entries and
        elimination of legal restrictions on domestic
        surveillance (not that they had felt bound by
        legalisms)
      • recipients to be on «Bigot List» and with even more
        security than traditional TOP SECRET, HANDLE VIA
        COMINT CHANNELS ONLY
    • 7/23/70 Huston Plan circulated
      • 43 pages, entitled Domestic Intelligence Gathering
        Plan: Analysis and Stategy
      • urged increased surreptitious entries (for codes,
        ciphers, plans, membership lists)
      • targeting of embassies
    • 7/27/70 Huston Plan cancelled
      • pressure by Attorney General John Mitchell
      • and perhaps by Hoover
      • Huston demoted; he resigned a year later
      • but the Plan was not really dead…perhaps Huston’s
        mistake was in being young and vocal and making the
        report too visible and not deniable enough
    • 12/3/70 Intelligence Evaluation Committee (IEC) meets (Son-of-Huston Plan)
      • John Dean arranged it in fall of ’70
      • Robert C. Mardian, Assistant AG for Internal Security
        headed up the IEC
      • Benson Buffham of NSA/PROD, James Jesus Angleton of
        CIA, George Moore from FBI, Col. John Downie from DOD
      • essentially adopted all of Huston Plan
    • 1/26/71 NSA issues NSA Contribution to Domestic Intelligence (as part of IEC)
      • increased scope of surveillance related to drugs (via
        BNDD and FBI), foreign nationals
      • «no indication of origin» on generated material
      • full compartmentalization, NSA to ensure compliance
    • 8/4/71 G. Gordon Liddy attends IEC meeting, to get them to investigate leaks of Pentagon Papers
      • channel from NSA/PROD to Plumber’s Unit in White
        House, bypassing other agencies
    • 6/7/73 New York Times reveals details of Huston Plan
      • full text published
      • trials of Weatherman jeopardized and ultimately
        derailed it
    • 10/1/73 AG Elliot Richardson orders FBI and SS to stop requesting NSA surveillance material
      • NSA agreed to stop providing this, but didn’t tell
        Richardson about Shamrock or Minaret
      • however, events of this year (1973) marked the end of
        Minaret
  • FINCEN, IRS, and Other Economic Surveillance
    • set up in Arlington as a group to monitor the flows of
      money and information
    • eventually these groups will see the need to actively
      hack into computer systems used by various groups that
      are under investigation
    • ties to the death of Alan Standorf? (Vint Hill)
    • Casolaro, Riconosciutto
      11.3.6. «Does the government want to monitor economic transactions?»
  • Incontrovertibly, they want to. Whether they have actual
    plans to do so is more debatable. The Clipper and Digital
    Telephony proposals are but two of the indications they
    have great plans laid to ensure their surveillance
    capabilities are maintained and extended.
  • The government will get increasingly panicky as more Net
    commerce develops, as trade moves offshore, and as
    encryption spreads.
    11.3.7. A danger of the surveillance society: You can’t hide
  • seldom discussed as a concern
  • no escape valve, no place for those who made mistakes to
    escape to
  • (historically, this is a way for criminals to get back on a
    better track–if a digital identity means their record
    forever follows them, this may…)
  • A growing problem in America and other «democratic» countries is the tendency to make mandatory what were once voluntary choices. For example, fingerprinting children to help in kidnapping cases may be a reasonable thing to do voluntarily, but some school districts are planning to make it mandatory.
    • This is all part of the «Let’s pass a law» mentality.
      11.3.8. «Should I refuse to give my Social Security Number to those
      who ask for it?»
  • It’s a bit off of crypto, but the question does keep coming
    up on the Cypherpunks list.
  • Actually, they don’t even need to ask for it
    anymore….it’s attached to so many other things that pop
    up when they enter your name that it’s a moot point. In
    other words, the same dossiers that allow the credit card
    companies to send you «preapproved credit cards» every few
    days are the same dossiers that MCI, Sprint, AT&T, etc. are
    using to sign you up.
    11.3.9. «What is ‘Privacy 101’?»
  • I couldn’t think of a better way to introduce the topic of
    how individuals can protect their privacy, avoid
    interference by the government, and (perhaps) avoid taxes.
  • Duncan Frissell and Sandy Sandfort have given out a lot of
    tips on this, some of them just plain common sense, some of
    them more arcane.
  • They are conducting a seminar, entitled «PRIVACY 101» and the archives of this are available by Web at:
  • but it implies that their position is already being tracked
    11.3.11. Ubiquitous use of SSNs and other personal I.D.
    11.3.12. cameras that can recognize faces are placed in many public
    places, e.g., airports, ports of entry, government buildings
  • and even in some private places, e.g., casinos, stores that
    have had problems with certain customers, banks that face
    robberies, etc.
    11.3.13. speculation (for the paranoids)
  • covert surveillance by noninvasive detection
    methods…positron emission tomography to see what part of
    the brain is active (think of the paranoia possibility!)
  • typically needs special compounds, but…
    11.3.14. Diaries are no longer private
  • can be opened under several conditions
    • subpoena in trial
    • discovery in various court cases, including divorce,
      custody, libel, etc.
    • business dealings
    • psychiatrists (under Tarasoff ruling) can have records
      opened; whatever one may think of the need for crimes
      confessed to shrinks to be reported, this is certainly a
      new era
  • Packwood diary case establishes the trend: diaries are no
    longer sacrosanct
  • An implication for crypto and Cypherpunks topics is that
    diaries and similar records may be stored in encrypted
    forms, or located in offshore locations. There may be more
    and more use of offshore or encrypted records.

11.4. U.S. Intelligence Agencies: NSA, FinCEN, CIA, DIA, NRO, FBI
11.4.1. The focus here is on U.S. agencies, for various reasons. Most
Cypherpunks are currently Americans, the NSA has a dominant
role in surveillance technology, and the U.S. is the focus of
most current crypto debate. (Britain has the GCHQ, Canada has
its own SIGINT group, the Dutch have…., France has DGSE and
so forth, and…)
11.4.2. Technically, not all are equal. And some may quibble with my
calling the FBI an «intelligence agency.» All have
surveillance and monitoring functions, albeit of different
flavors.
11.4.3. «Is the NSA involved in domestic surveillance?»

  • Not completely confirmed, but much evidence that the answer is «yes»:
    • previous domestic surveillance (Operation Shamrock,
      telegraphs, ITT, collusion with FBI, etc.)
    • reciprocal arrangements with GCHQ (U.K.)
    • arrangements on Indian reservations for microwave
      intercepts
    • the general technology allows it (SIGINT, phone lines)
    • the National Security Act of 1947, and later
      clarifications and Executive Orders, makes it likely
  • And the push for Digital Telephony.
    11.4.4. «What will be the effects of widespread crypto use on
    intelligence collection?»
  • Read Bamford for some stuff on how the NSA intercepts
    overseas communications, how they sold deliberately-
    crippled crypto machines to Third World nations, and how
    much they fear the spread of strong, essentially
    unbreakable crypto. «The Puzzle Palace» was published in
    1982…things have only gotten worse in this regard since.
  • Statements from senior intelligence officials reflect this
    concern.
  • Digital dead drops will change the whole espionage game.
    Information markets, data havens, untraceable e-mail…all
    of these things will have a profound effect on national
    security issues.
  • I expect folks like Tom Clancy to be writing novels about
    how U.S. national security interests are being threatened
    by «unbreakable crypto.» (I like some Clancy novels, but
    there’s no denying he is a right-winger who’s openly
    critical of social trends, and that he believes druggies
    should be killed, the government is necessary to ward off
    evil, and ordinary citizens ought not to have tools the
    government can’t overcome.)
    11.4.5. «What will the effects of crypto on conventional espionage?»
  • Massive effects; watch out for this to be cited as a reason
    to ban or restrict crypto–however pointless that may be.
  • Effects:
    • information markets, a la BlackNet
    • digital dead drops — why use Coke cans near oak trees
      when you can put messages into files and post them
      worldwide, with untraceably? (but, importantly, with a
      digital signature!)
    • transparency of borders
    • arms trade, arms deals
    • virus, weaponry
      11.4.6. NSA budget
  • $27 billion over 6 years, give or take
  • may actually increase, despite end of Cold War
  • new threats, smaller states, spread of nukes, concerns
    about trade, money-laundering, etc.
  • first rule of bureaucracies: they always get bigger
  • NSA-Cray Computer supercomputer
    • press release, 1994-08-17, gives some clues about the
      capabilities sought by the surveillance state
    • «The Cray-3/SSS will be a hybrid system capable of
      vector parallel processing, scalable parallel
      processing and a combination of both. The system will
      consist of a dual processor 256 million word Cray-3 and
      a 512,000 processor 128 million byte single instruction
      multiple data (SIMD) array……SIMD arrays of one
      million processors are expected to be possible using
      the current version of the Processor-In-Memory (PIM)
      chips developed by the Supercomputing Research Center
      once the development project is completed. The PIM chip
      contains 64 single-bit processors and 128 kilobyte bits
      of memory. Cray Computer will package PIM chips
      utilizing its advanced multiple chip module packaging
      technology. The chips are manufactured by National
      Semiconductor Corporation.»
    • This is probably the supercomputer described in the
      Gunter Ahrendt report
      11.4.7. FINCEN, IRS, and Other Economic Surveillance
  • Financial Crimes Enforcement Network, a consortium or task
    force made up of DEA, DOJ, FBI, CIA, DIA, NSA, IRS, etc.
  • set up in Arlington as a group to monitor the flows of
    money and information
  • eventually these groups will see the need to hack into
    computer systems used by various groups that are under
    investigation
  • Cf. «Wired,» either November or December, 1993
    11.4.8. «Why are so many computer service, telecom, and credit agency
    companies located near U.S. intelligence agency sites?»
  • For example, the cluster of telecom and credit reporting agencies (TRW Credit, Transunion, etc.) in and around the McLean/Langley area of Northern Virginia (including Herndon, Vienna, Tyson’s Corner, Chantilly, etc.)
    • same thing for, as I recall, various computer network
      providers, such as UUCP (or whatever), America Online,
      etc.
  • The least conspiratorial view: because all are located near
    Washington, D.C., for various regulatory, lobbying, etc.
    reasons
  • The most conspiratorial view: to ensure that the intelligence agencies have easy access to communications, direct landlines, etc.
    • credit reporting agencies need to clear identities that
      are fabricated for the intelligence agencies, WitSec,
      etc. (the three major credit agencies have to be
      complicit in these creations, as the «ghosts» show up
      immediately when past records are cross-correlated)
    • As Paul Ferguson, Cypherpunk and manager at US Sprint,
      puts it: «We’re located in Herndon, Virginia, right
      across the street from Dulles Airport and a hop, skip &
      jump down the street from the new NRO office. ,-)»
      [P.F., 1994-08-18]
      11.4.9. Task Force 157, ONI, Kissinger, Castle Bank, Nugan Hand Bank,
      CIA
      11.4.10. NRO building controversy
  • and an agency I hadn’t seen listed until August, 1994: «The
    Central Imagery Office»
    11.4.11. SIGINT listening posts
  • possible monkeywrenching?
    • probably too hard, even for an EMP bomb (non-nuclear,
      that is)
      11.4.12. «What steps is the NSA taking?»
  • besides death threats against Jim Bidzos, that is
  • Clipper a plan to drive competitors out (pricing, export
    laws, harassment)
  • cooperation with other intelligence agencies, other nations
    • New World Order
  • death threats were likely just a case of bullying…but
    could conceivably be part of a campaign of terror–to shut
    up critics or at least cause them to hesitate

11.5. Surveillance in Other Countries
11.5.1. Partly this overlaps on the earlier discussion of crypto laws
in other countries.
11.5.2. Major Non-U.S. Surveillance Organizations

  • BnD — Bundesnachrichtendienst
    • German security service
    • BND is seeking constitutional amendment, buy may not need
      it, as the mere call for it told everyone what is already
      existing
    • «vacuum cleaner in the ether»
    • Gehlen…Eastern Front Intelligence
    • Pullach, outside Munchen
    • they have always tried to get the approval to do domestic
      spying…a key to power
  • Bundeskriminalamt (BKA) — W. German FBI
    • HQ is at Wiesbaden
    • bomb blew up there when being examined, killing an
      officer (related to Pan Am/Lockerbie/PFLP-GC)
    • sign has double black eagles (back to back)
  • BVD — Binnenlandse Veiligheids Dienst, Dutch Internal
    Security Service
  • SDECE
    • French intelligence (foreign intelligence), linked to
      Greepeace ship bombing in New Zealand?
    • SDECE had links to the October Surprise, as some French
      agents were in on the negotiations, the arms shipments
      out of Marseilles and Toulon, and in meetings with
      Russbacher and the others
  • DST, Direction de la Surveillance du Territoire,
    counterespionage arm of France (parallel to FBI)
  • DSGE, Direction GŽnŽrale de la SŽcuritŽ ExtŽriere
    • provides draft deferments for those who deliver stolen
      information
  • Sweden, Forsvarets Radioanstalt («Radio Agency of the Defense»)
    • cracked German communications between occupied Norway and
      occupied Denmark
    • Beurling, with paper and pencil only
  • Mossad, LAKAM, Israel
    • HQ in Tel Aviv, near HQ of AMAN, military intelligence
    • doesn’t HQ move around a lot?
    • LAKAM (sp?), a supersecret Israeli intelligence
      agency…was shown the PROMIS software in 1983
    • learned of the Pakistani success in building an atom bomb
      and took action against the Pakistani leadership:
      destruction of the plane carrying the President (Zia?)
      and some U.S. experts
    • Mossad knew of DIA and CIA involvement in BCCI
      financing of Pakistani atom bomb efforts (and links to
      other arms dealers that allowed triggers and the like
      to reach Pakistan)
    • revelations by Vanunu were designed to scare the Arab and
      Muslim world-and to send a signal that the killing of
      President Zia was to be the fate of any Pakistani leader
      who continued the program
      11.5.3. They are very active, though they get less publicity than do
      the American CIA, NSA, FBI, etc.

11.6. Surveillance Methods and Technology
11.6.1. (some of this gets speculative and so may not be to
everyone’s liking)
11.6.2. «What is TEMPEST and what’s the importance of it?»

  • TEMPEST apprarently stands for nothing, and hence is not an
    acronym, just a name. The all caps is the standard
    spelling.
  • RF emission, a set of specs for complying
  • Van Eyck (or Van Eck?) radiation
  • Mostly CRTs are the concern, but also LCD panels and the internal circuitry of the PCs, workstations, or terminals.
    • «Many LCD screens can be read at a distance. The signal
      is not as strong as that from the worst vdus, but it is
      still considerable. I have demonstrated attacks on Zenith
      laptops at 10 metres or so with an ESL 400 monitoring
      receiver and a 4m dipole antenna; with a more modern
      receiver, a directional antenna and a quiet RF
      environment there is no reason why 100 metres should be
      impossible.» [Ross Anderson, Tempest Attacks on Notebook
      Computers ???, comp.security.misc, 1994-08-31]
      11.6.3. What are some of the New Technologies for Espionage and
      Surveillance
  • Bugs
    • NSA and CIA have developed new levels of miniaturized
      bugs
    • e.g., passive systems that only dribble out intercepted
      material when interrogated (e.g., when no bug sweeps
      are underway)
    • many of these new bugging technologies were used in the
      John Gotti case in New York…the end of the Cold War
      meant that many of these technologies became available
      for use by the non-defense side
    • the use of such bugging technology is a frightening
      development: conversations can be heard inside sealed
      houses from across streets, and all that will be
      required is an obligatory warrant
    • DRAM storage of compressed speech…6-bit companded,
      frequency-limited, so that 1 sec of speech takes
      50Kbits, or 10K when compressed, for a total of 36 Mbits
      per hour-this will fit on a single chip
    • readout can be done from a «mothership» module (a
      larger bug that sits in some more secure location)
    • or via tight-beam lasers
    • Bugs are Mobile
    • can crawl up walls, using the MIT-built technology for
      microrobots
    • some can even fly for short distances (a few klicks)
  • Wiretaps
    • so many approaches here
    • phone switches are almost totally digital (a la ESS IV)
    • again, software hacks to allow wiretaps
  • Vans equipped to eavesdrop on PCs and networks
    • TEMPEST systems
    • technology is somewhat restricted, companies doing this work are under limitations not to ship to some customers
      • no laws against shielding, of course
    • these vans are justified for the «war on drugs» and
      weapons proliferation controle efforts (N.E.S.T., anti-
      Iraq, etc.)
  • Long-distance listening
    • parabolic reflectors, noise cancellation (from any off-
      axis sources), high gain amplification, phoneme analysis
    • neural nets that learn the speech patterns and so can
      improve clarity
  • lip-reading
    • with electronically stabilized CCD imagers, 3000mm lenses
    • neural net-based lip-reading programs, with learning
      systems capable of improving performance
  • for those in sensitive positions, the availability of new
    bugging methods will accelerate the conversion to secure
    systems based on encrypted telecommunications and the
    avoidance of voice-based systems
    11.6.4. Digital Telephony II is a major step toward easier
    surveillance
    11.6.5. Citizen tracking
  • the governments of the world would obviously like to trace the movements, or at least the major movements, of their subjects
    • makes black markets a bit more difficult
    • surfaces terrorists, illegal immigrants, etc. (not
      perfectly)
    • allows tracking of «sex offenders»
    • who often have to register with the local police,
      announce to their neighbors their previous crimes, and
      generally wear a scarlet letter at all times–I’m not
      defending rapists and child molesters, just noting the
      dangerous precedent this is setting
    • because its the nature of bureaucracies to want to know
      where «their» subjects are (dossier society = accounting
      society…records are paramount)
  • Bill Stewart has pointed out that the national health care systems, and the issuance of social security numbers to children, represent a way to track the movements of children, through hospital visits, schools, etc. Maybe even random check points at places where children gather (malls, schools, playgrounds, opium dens, etc.)
    • children in such places are presumed to have lesser
      rights, hence…
    • this could all be used to track down kidnapped children,
      non-custodial parents, etc.
    • this could be a wedge in the door: as the children age,
      the system is already in place to continue the tracking
      (about the right timetable, too…start the systme this
      decade and by 2010 or 2020, nearly everybody will be in
      it)
    • (A true paranoid would link these ideas to the child
      photos many schools are requring, many local police
      departments are officially assisting with, etc. A dossier
      society needs mug shots on all the perps.)
  • These are all reasons why governments will continue to push
    for identity systems and will seek to derail efforts at
    providing anonymity
  • Surveillance and Personnel Identification
    • cameras that can recognize faces are placed in many
      public places, e.g., airports, ports of entry, government
      buildings
    • and even in some private places, e.g., casinos, stores
      that have had problems with certain customers, banks
      that face robberies, etc.
    • «suspicious movements detectors»
    • cameras that track movements, loitering, eye contact with other patrons
      • neural nets used to classify behvaiors
      • legal standing not needed, as these systems are
        used only to trigger further surveillance, not to
        prove guilt in a court of law
      • example: banks have cameras, by 1998, that can
        identify potential bank robbers
      • camera images are sent to a central monitoring
        facility, so the usual ploy of stopping the silent
        alarm won’t work
    • airports and train stations (fears of terrorists),
      other public places
      11.6.6. Cellular phones are trackable by region…people are getting
      phone calls as they cross into new zones, «welcoming» them
  • but it implies that their position is already being tracked
    11.6.7. coming surveillance, Van Eck, piracy, vans
  • An interesting sign of things to come is provided in this
    tale from a list member: «In Britain we have ‘TV detector
    Vans’. These are to detect licence evaders (you need to pay
    an annual licence for the BBC channels). They are provided
    by the Department of Trade and Industry. They use something
    like a small minibus and use Van Eck principles. They have
    two steerable detectors on the van roof so they can
    triangulate. But TV shops have to notify the Government of
    buyers – so that is the basic way in which licence evaders
    are detected. … I read of a case on a bulletin board
    where someone did not have a TV but used a PC. He got a
    knock on the door. They said he appeared to have a TV but
    they could not make out what channel he was watching!
    [Martin Spellman, mspellman@cix.compulink.co.uk, 1994-
    0703]
  • This kind of surveillance is likely to become more and more
    common, and raises serious questions about what other
    information they’ll look for. Perhaps the software piracy
    enforcers (Software Publishers Association) will look for
    illegal copies of Microsoft Word or SimCity! (This area
    needs more discussion, obviously.)
    11.6.8. wiretaps
  • supposed to notify targets within 90 days, unless extended
    by a judge
  • Foreign Intelligence Surveillance Act cases are exempt from
    this (it is likely that Cypherpunks wiretapped, if they
    have been, for crypto activities fall under this
    case…foreigners, borders being crossed, national security
    implications, etc. are all plausible reasons, under the
    Act)

11.7. Surveillance Targets
11.7.1. Things the Government May Monitor

  • besides the obvious things like diplomatic cable traffic,
    phone calls from and to suspected terrorists and criminals,
    etc.
  • links between Congressmen and foreign embassies
    • claims in NYT (c. 9-19-91) that CIA had files on
      Congressmen opposing aid to Contras
  • Grow lamps for marijuana cultivation
    • raids on hydroponic supply houses and seizure of mailing
      lists
    • records of postings to alt.drugs and alt.psychoactive
    • vitamin buyers clubs
  • Energy consumption
    • to spot use of grow lamps
    • but also might be refined to spot illegal aliens being
      sheltered or any other household energy consumption
      «inconsistent with reported uses»
    • same for water, sewage, etc.
  • raw chemicals
    • as with monitors on ammonium nitrate and other bomb
      materials
    • or feedstock for cocaine production (recall various
      seizures of shipments of chemicals to Latin America)
  • checkout of books, a la FBI’s «Library Awareness Program»
    of around 1986 or so
  • attendance at key conferences, such as Hackers Conference
    (could have scenes involving this), Computer Security
    Conference
    11.7.2. Economic Intelligence (Spying on Corporations, Foreign and
    Domestic)
  • «Does the NSA use economic intelligence data obtained in intercepts?»
    • Some of us speculate that this is so, that this has been
      going on since the 1960s at least. For example, Bamford
      noted in 1982 that the NSA had foreknowledge of the plans
      by the British to devalue the pound in the late 1970s,
      and knowledge of various corporate plans.
    • The NSA clears codes used by the CIA, so it seem
      impossible for the NSA not to have known about CIA drug
      smuggling activities. The NSA is very circumspect,
      however, and rarely (or never) comments.
  • there have been calls for the government to somehow help American business and overall competitiveness by «levelling the playing field» via espionage
    • especially as the perceived threat of the Soviet bloc
      diminishes and as the perceived threat of Japan and
      Germany increases
  • leaders of the NSA and CIA have even talked openly about
    turning to economic surveillance
  • Problems with this proposal:
    • illegal
    • unethical
    • who gets the intelligence information? Does NSA just call
      up Apple and say «We’ve intercepted some message from
      Taiwan that describe their plans for factories. Are you
      interested?»
    • the U.S. situation differs from Japan and MITI (which
      is often portrayed as the model for how this ought to
      work) in that we have many companies with little or no
      history of obeying government recommendations
    • and foreign countries will likely learn of this espionage
      and take appropriate measures
    • e.g., by increasing encryption
      11.7.3. War on Drugs and Money Laundering is Causing Increase in
      Surveillance and Monitoring
  • monitoring flows of capital, cash transactions, etc.
  • cooperation with Interpol, foreign governments, even the
    Soviets and KGB (or whatever becomes of them)
  • new radar systems are monitoring light aircraft, boats,
    etc.

11.8. Legal Issues
11.8.1. «Can my boss monitor my work?» «Can my bankruptcy in 1980 be
used to deny me a loan?» etc.

  • Libertarians have a very different set of answers than do
    many others: the answer to all these questions is mostly
    «yes,» morally (sorry for the normative view).
    11.8.2. Theme: to protect some rights, invasion of privacy is being
    justified
  • e.g., by forcing employer records to be turned over, or of
    seizing video rental records (on the grounds of catching
    sexual deviants)
  • various laws about employee monitoring
    11.8.3. Government ID cards, ability to fake identities
  • The government uses its powers to forge credentials, with
    the collusion of the major credit agencies (who obviously
    see these fake identities «pop into existence full-blown.»
  • WitSec, FINCen, false IDs, ties to credit card companies
  • DEA stings, Heidi in La Jolla, Tava, fake tax returns, fake
    bank applications, fake IDs
  • the «above it all» attitude is typical of this…who guards
    the guardians?
  • WitSec, duplicity
    11.8.4. Legalities of NSA surveillance
  • read Bamford for some circa 1982 poinra
  • UK-USA
  • ECPA
  • national security exemptions
  • lots of confusion; however, the laws have never had any
    real influence, and I cannot imagine the NSA being sued!

11.9. Dossiers and Data Bases
11.9.1. «The dossier never forgets»

  • any transgressions of any law in any country can be stored indefinitely, exposing the transgressor to arrest and detention anytime he enters a country with such a record on him
    • (This came up with regard to the British having quaint
      ideas about computer security, hacking, and data privacy;
      it is quite possible that an American passing through
      London could be detained for some obscure violation years
      in the past.)
  • this is especially worrisome in a society in which legal
    codes fill entire rooms and in which nearly every day
    produces some violation of some law
    11.9.2. «What about the privacy issues with home shopping, set-top
    boxes, advertisers, and the NII?»
  • Do we want our preferences in toothpaste fed into databases
    so that advertisers can target us? Or that our food
    purchases be correlated and analyzed by the government to
    spot violations of the Dietary Health Act?
  • First, laws which tell people what records they are
    «allowed» to keep are wrong-headed, and lead to police
    state inspections of disk drives, etc. The so-called «Data
    Privacy» laws of several European nations are a nightmare.
    Strong crypto makes them moot.
  • Second, it is mostly up to people to protect what they want
    protected, not to pass laws demanding that others protect
    it for them.
  • In practice, this means either use cash or make
    arrangements with banks and credit card companies that will
    protect privacy. Determining if they have or not is another
    issue, but various ideas suggest themselves (John Gilmore
    says he often joins groups under variants of his name, to
    see who is selling his name to mailing lists.)
  • Absent any laws which forbid them, privacy-preserving
    credit card companies will likely spring up if there’s a
    market demand. Digital cash is an example. Other variants
    abound. Cypherpunks should not allow such alternatives to
    be banned, and should of course work on their own such
    systems.
    11.9.3. credit agencies
  • TRW Credit, Transunion, Equifax
  • links to WitSec
    11.9.4. selling of data bases, linking of records…
  • several states have admitted to selling their driver’s
    license data bases

11.10. Police States and Informants
11.10.1. Police states need a sense of terror to help magnify the
power or the state, a kind of «shrechlichkeit,» as the Nazis
used to call it. And lots of informants. Police states need
willing accomplices to turn in their neighbors, or even their
parents, just as little Pavel Morozov became a Hero of the
Soviet People by sending his parents to their deaths in
Stalin’s labor camps for the crime of expressing negative
opinions about the glorious State.

  • (The canonization of Pavel Morozov was recently repudiated
    by current Russian leaders–maybe even by the late-Soviet
    era leades, like Gorbachev–who pointed out the corrosive
    effects of encouraging families to narc on each
    other…something the U.S. has forgotten…will it be 50
    years before our leaders admit that having children turn in
    Daddy for using «illegal crypto» was not such a good idea?)
    11.10.2. Children are encouraged in federally-mandated D.A.R.E.
    programs to become Junior Narcs, narcing their parents out to
    the cops and counselors who come into their schools.
    11.10.3. The BATF has a toll-free line (800-ATF-GUNS) for snitching on
    neighbors who one thinks are violating the federal gun laws.
    (Reports are this is backfiring, as gun owners call the
    number to report on local liberal politicians and gun-
    grabbers.)
    11.10.4. Some country we live in, eh? (Apologies to non-U.S. readers,
    as always.)
    11.10.5. The implications for use of crypto, for not trusting others,
    etc., are clear
    11.10.6. Dangers of informants
  • more than half of all IRS prosecutions arise out of tips by spouses and ex-spouses…they have the inside dope, the motive, and the means
    • a sobering thought even in the age of crypto
  • the U.S. is increasing a society of narcs and stool pigeons, with «CIs» (confidential informants), protected witnesses (with phony IDs and lavish lifestyles), and with all sorts of vague threats and promises
    • in a system with tens of thousands of laws, nearly all
      behavior breaks at least some laws, often unavoidably,
      and hence a powerful sword hangs over everyone’s head
  • corrosion of trust, especially within families (DARE
    program in schools encourages children to narc on their
    parents who are «substance abusers»!)

11.11. Privacy Laws
11.11.1. Will proposed privacy laws have an effect?

  • I suspect just the opposite: the tangled web of laws-part
    of the totalitarian freezeout-will «marginalize» more
    people and cause them to seek ways to protect their own
    privacy and protect themselves from sanctions over their
    actions
    • free speech vs. torts, SLAPP suits, sedition charges,
      illegal research, etc.
    • free speech is vanishing under a torrent of laws,
      licensing requirements, and even zoning rules
    • outlawing of work on drugs, medical procedures, etc.
    • against the law to disseminate information on drug use
      (MDMA case at Stanford), on certain kinds of birth
      control
    • «If encrytion is outlawed, only outlaws will have
      encryption.»
  • privacy laws are already causing encryption («file
    protection») to be mandatory in many cases, as with medical
    records, transmission of sensitive files, etc.
    • by itself this is not in conflict with the government
      requirement for tappable access, but the practical
      implementation of a two-tier system-secure against
      civilian tappers but readable by national security
      tappers-is a nightmare and is likely impossible to
      achieve
      11.11.2. «Why are things like the «Data Privacy Laws» so bad?»
  • Most European countries have laws that limit the collection
    of computerized records, dossiers, etc., except for
    approved uses (and the governments themselves and their
    agents).
  • Americans have no such laws. I’ve heard calls for this,
    which I think is too bad.
  • While we may not like the idea of others compiling dossiers
    on us, stopping them is an even worse situation. It gives
    the state the power to enter businesses, homes, and examine
    computers (else it is completely unenforceable). It creates
    ludicrous situations in which, say, someone making up a
    computerized list of their phone contacts is compiling an
    illegal database! It makes e-mail a crime (those records
    that are kept).
  • they are themselves major invasions of privacy
  • are you going to put me in jail because I have data bases
    of e-mail, Usenet posts, etc.?
  • In my opinion, advocates of «privacy» are often confused
    about this issue, and fail to realize that laws about
    privacy often take away the privacy rights of others.
    (Rights are rarely in conflict–contract plus self-privacy
    take care of 99% of situations where rights are purported
    to be in conflict.)
    11.11.3. on the various «data privacy laws»
  • many countries have adopted these data privacy laws,
    involving restrictions on the records that can be kept, the
    registration of things like mailing lists, and heavy
    penalties for those found keeping computer files deemed
    impermissable
  • this leads to invasions of privacy….this very Cypherpunks
    list would have to be «approved» by a bureaucrat in many
    countries…the oportunites (and inevitabilities) of abuse
    are obvious
  • «There is a central contradiction running through the
    dabase regulations proposed by many so-called «privacy
    advocates». To be enforceable they require massive
    government snooping into database activities on our
    workstatins and PCs, especially the activities of many
    small at-home businesses (such as mailing list
    entrepreneurs who often work out of the home). «Thus, the upshot of these so-called «privacy» regulations
    is to destroy our last shreds of privacy against
    government, and calm us into blindly letting even more of
    the details of our personal lives into the mainframes of
    the major government agencies and credit reporting
    agenices, who if they aren’t explicitly excepted from the
    privacy laws (as is common) can simply evade them by using
    offshore havesn, mutual agreements with foreign
    investigators, police and intelligence agencies.» [Jim
    Hart, 1994-09-08]
    11.11.4. «What do Cypherpunks think about this?»
  • divided minds…while no one likes being monitored, the
    question is how far one can go to stop others from being
    monitored
    • «Data Privacy Laws» as a bad example: tramples on freedom
      to write, to keep one’s computer private
      11.11.5. Assertions to data bases need to be checked (credit,
      reputation, who said what, etc.)
  • if I merely assert that Joe Blow no longer is employed, and
    this spreads…

11.12. National ID Systems
11.12.1. «National ID cards are just the driver’s licenses on the
Information Superhighway.» [unknown…may have been my
coining]
11.12.2. «What’s the concern?»
11.12.3. Insurance and National Health Care will Produce the «National
ID» that will be Nearly Unescapable

  • hospitals and doctors will have to have the card…cash
    payments will evoke suspicion and may not even be feasible
    11.12.4. National ID Card Arguments
  • «worker’s permit» (another proposal, 1994-08, that would
    call for a national card authorizing work permission)
  • immigration, benefit
  • possible tie-in to the system being proposed by the US
    Postal Service: a registry of public keys (will they also
    «issue» the private-public key pair?)
  • software key escrow and related ideas
  • «I doubt that one would only have to «flash» your card and
    be on your way. More correctly, one would have to submit
    to being «scanned» and be on your way. This would also
    serve to be a convienient locator tag if installed in the
    toll systems and miscellaneous «security checkpoints». Why
    would anyone with nothing to hide care if your every move
    could be monitored? Its for your own good, right? Pretty
    soon sliding your ID into slots in everyplace you go will
    be common.» [Korac MacArthur, comp.org.eff.talk, 1994-07-
    25]
    11.12.5. «What are some concerns about Universal ID Cards?»
  • «Papierren, bitte! Schnell!
  • that they would allow traceability to the max (as folks
    used to say)… tracking of movements, erosion of privacy
  • that they would be required to be used for banking
    transactions, Net access, etc. (As usual, there may be
    workarounds, hacks, …)
  • «is-a-person» credentially, where government gets involved
    in the issuance of cryptographic keys (a la the USPS
    proposal), where only «approved uses» are allowed, etc.
  • timestamps, credentials
    11.12.6. Postal Service trial balloon for national ID card
  • «While it is true that they share technology, their intent
    and purpose is very different. Chaum’s proposal has as its
    intent and purpose to provide and protect anonymity in
    financial transactions. The intent and purpose of the US
    Postal Service is to identify and authenticate you to the
    government and to guarantee the traceability of all
    financial transactions.» [WHMurray, alt.privacy, 1994-07-
    04]
    11.12.7. Scenario for introduction of national ID cards
  • Imagine that vehicle registrations require presentation of
    this card (gotta get those illegals out of their cars, or,
    more benignly, the bureaucracy simply makes the ID cars
    part of their process).
  • Instantly this makes those who refuse to get an ID card
    unable to get valid license tags. (Enforcement is already
    pretty good….I was pulled over a couple of times for
    either forgetting to put my new stickers on, or for driving
    with Oregon expired tags.)
  • The «National Benefits Card,» for example, is then required to get license plate tags.and maybe other things, like car and home insurance, etc. It would be very difficult to fight such a card, as one could not drive, could not pay taxes («Awhh!» I hear you say, but consider the penalties, the tie-ins with employers, etc. You can run but you can’t hide.)
    • the national ID card would presumably be tied in to
      income tax filings, in various ways I won’t go into here.
      The Postal Service, aiming to get into this area I guess,
      has floated the idea of electronic filing, ID systems,
      etc.
      11.12.8. Comments on national ID cards
  • That some people will be able to skirt the system, or that
    the system will ultimately be unenforceable, does not
    lessen the concern. Things can get real tough in the
    meantime.
  • I see great dangers here, in tying a national ID card to
    transactions we are essentially unable to avoid in this
    society: driving, insurance (and let’s not argue
    insurance…I mean it is unavoidable in the sense of legal
    issues, torts, etc.), border crossings, etc. Now how will
    one file taxes without such a card if one is made mandatory
    for interactions with the government? Saying «taxes are not
    collectable» is not an adequate answer. They may not be
    collectible for street punks and others who inhabit the
    underground economy, but they sure are for most of us.

11.13. National Health Care System Issues
11.13.1. Insurance and National Health Care will Produce the «National
ID» that will be Nearly Unescapable

  • hospitals and doctors will have to have the card…cash
    payments will evoke suspicion and may not even be feasible
    11.13.2. I’m less worried that a pharmacist will add me to some
    database he keeps than that my doctor will be instructed to
    compile a dossier to government standards and then zip it off
    over the Infobahn to the authorities.
    11.13.3. Dangers and issues of National Health Care Plan
  • tracking, national ID card
  • «If you think the BATF is bad, wait until the BHCRCE goes
    into action. «What is the BHCRCE?» you ask. Why, it the
    Burea of Health Care Reform Compliance Enforcement – the
    BATF, FBI, FDA, CIA and IRS all rolled into one.» [Dave
    Feustel, talk.politics.guns, 1994-08-19]
  • Bill Stewart has pointed out the dangers of children having
    social security numbers, of tracking systems in schools and
    hospitals, etc.

11.14. Credentials
11.14.1. This is one of the most overlooked and ignored aspects of
cryptology, especially of Chaum’s work. And no one in
Cypherpunks or anywhere else is currently working on «blinded
credentials» for everyday use.
11.14.2. «Is proof of identity needed?»

  • This question is debated a lot, and is important. Talk of a
    national ID card (what wags call an «internal passport») is
    in the air, as part of health care, welfare, and
    immigration legislation. Electronic markets make this also
    an issue for the ATM/smart card community. This is also
    closely tied in with the nature of anonymous reamailers
    (where physical identity is of course generally lacking).
  • First, «identity» can mean different things:
    • Conventional View of Identity: Physical person, with
      birthdate, physical characteristics, fingerprints, social
      security numbers, passports, etc.–the whole cloud of
      «identity» items. (Biometric.)
    • Pseudonym View of Identity: Persistent personnas,
      mediated with cryptography. «You are your key.»
    • Most of us deal with identity as a mix of these views: we
      rarely check biometric credentials, but we also count on
      physical clues (voice, appearance, etc.). I assume that
      when I am speaking to «Duncan Frissell,» whom I’ve never
      met in person, that he is indeed Duncan Frissell. (Some
      make the jump from this expectation to wanting the
      government enforce this claim, that is, provided I.D.)
  • It is often claimed that physical identity is important in order to:
    • track down cheaters, welchers, contract breakes, etc.
    • permit some people to engage in some transactions, and
      forbid others to (age credentials, for drinking, for
      example, or—less benignly–work permits in some field)
    • taxation, voting, other schemes tied to physical
      existence
  • But most of us conduct business with people without ever verifying their identity credentials…mostly we take their word that they are «Bill Stewart» or «Scott Collins,» and we never go beyond that.
    • this could change as digital credentials proliferate and
      as interactions cause automatic checks to be made (a
      reason many of us have to support Chaum’s «blinded
      credentials» idea–without some crypto protections, we’ll
      be constantly tracked in all interactions).
  • A guiding principle: Leave this question of whether to demand physical ID credentials up to the parties involved. If Alice wants to see Bob’s «is-a-person» credential, and take his palmprint, or whatever, that’s an issue for them to work out. I see no moral reason, and certainly no communal reason, for outsiders to interfere and insist that ID be produced (or that ID be forbidden, perhaps as some kind of «civil rights violation»). After all, we interact in cyberspace, on the Cypherpunks list, without any such external controls on identity.
    • and business contracts are best negotiated locally, with
      external enforcement contracted by the parties (privately-
      produced law, already seen with insurance companies,
      bonding agents, arbitration arrangements, etc.)
  • Practically speaking, i.e., not normatively speaking,
    people will find ways around identity systems. Cash is one
    way, remailers are another. Enforcement of a rigid identity-
    based system is difficult.
    11.14.3. «Do we need «is-a-person» credentials for things like votes
    on the Net?»
  • That is, any sysadmin can easily create as many user
    accounts as he wishes. And end users can sign up with
    various services under various names. The concern is that
    this Chicago-style voting (fictitious persons) may be used
    to skew votes on Usenet.
  • Similar concerns arise elsewhere.
  • In my view, this is a mighty trivial reason to support «is-
    a-person» credentials.
    11.14.4. Locality, credentials, validations
  • Consider the privacy implications of something so simple as a parking lot system. Two main approaches:
    • First Approach. Cash payment. Car enters lot, driver pays
      cash, a «validation» is given. No traceability exists.
      (There’s a small chance that one driver can give his
      sticker to a new driver, and thus defraud the parking
      lot. This tends not to happen, due to the inconveniences
      of making a market in such stickers (coordinating with
      other car, etc.) and because the sticker is relatively
      inexpensive.)
    • Second Approach. Billing of driver, recording of license
      plates. Traceability is present, especially if the local
      parking lot is tied in to credit card companies, DMV,
      police, etc. (these link-ups are on the wish list of
      police agencies, to further «freeze out» fugitives, child
      support delinquents, and other criminals).
  • These are the concerns of a society with a lot of
    electronic payments but with no mechanisms for preserving
    privacy. (And there is currently no great demand for this
    kind of privacy, for a variety of reasons, and this
    undercuts the push for anonymous credential methods.)
  • An important property of true cash (gold, bank notes that
    are well-trusted) is that it settles immediately, requiring
    no time-binding of contracts (ability to track down the
    payer and collect on a bad transaction)

11.15. Records of all UseNet postings
11.15.1. (ditto for CompuServe, GEnie, etc.) will exist
11.15.2. «What kinds of monitoring of the Net is possible?»

  • Archives of all Usenet traffic. This is already done by
    commercial CD-ROm suppliers, and others, so this would be
    trivial for various agencies.
  • Mail archives. More problematic, as mail is ostensibly not
    public. But mail passes through many sites, usually in
    unencrypted form.
  • Traffic analysis. Connections monitored. Telnet, ftp, e-
    mail, Mosaid, and other connections.
  • Filtered scans of traffic, with keyword-matched text stored
    in archives.
    11.15.3. Records: note that private companies can do the same thing,
    except that various «right to privacy» laws may try to
    interfere with this
  • which causes its own constitutional privacy problems, of
    course
    11.15.4. «How can you expect that something you sent on the UseNet to
    several thousand sites will not be potentially held against
    you? You gave up any pretense of privacy when you broadcast
    your opinions-and even detailed declarations of your
    activities-to an audience of millions. Did you really think
    that these public messages weren’t being filed away? Any
    private citizen would find it almost straightforward to sort
    a measly several megabytes a day by keywords, names of
    posters, etc.» [I’m not sure if I wrote this, or if someone
    else who I forgot to make a note of did]
    11.15.5. this issue is already coming up: a gay programmer who was
    laid-off discussed his rage on one of the gay boards and said
    he was thinking of turning in his former employer for
    widespread copying of Autocad software…an Autodesk employee
    answered him with «You just did!»
    11.15.6. corporations may use GREP and On Location-like tools to
    search public nets for any discussion of themselves or their
    products
  • by big mouth employees, by disgruntled customers, by known
    critics, etc.
  • even positive remarks that may be used in advertising
    (subject to various laws)
    11.15.7. the 100% traceability of public postings to UseNet and other
    bulletin boards is very stifling to free expression and
    becomes one of the main justifications for the use of
    anonymous (or pseudononymous) boards and nets
  • there may be calls for laws against such compilation, as
    with the British data laws, but basically there is little
    that can be done when postings go to tens of thousands of
    machines and are archived in perpetuity by many of these
    nodes and by thousands of readers
  • readers who may incorporate the material into their own
    postings, etc. (hence the absurdity of the British law)

11.16. Effects of Surveillance on the Spread of Crypto
11.16.1. Surveillance and monitoring will serve to increase the use of
encryption, at first by people with something to hide, and
then by others

  • a snowballing effect
  • and various government agencies will themselves use
    encryption to protect their files and their privacy
    11.16.2. for those in sensitive positions, the availability of new
    bugging methods will accelerate the conversion to secure
    systems based on encrypted telecommunications and the
    avoidance of voice-based systems
    11.16.3. Surveillance Trends
  • Technology is making citizen-unit surveillance more and more trivial
    • video cameras on every street corners are technologically
      easy to implement, for example
    • or cameras in stores, in airports, in other public
      places
    • traffic cameras
    • tracking of purchases with credit cards, driver’s
      licenses, etc.
    • monitoring of computer emissions (TEMPEST issues, often a
      matter of paranoid speculation)
    • interception of the Net…wiretapping, interception of
      unencrypted communications, etc.
    • and compilation of dossier entries based on public
      postings
  • This all makes the efforts to head-off a person-tracking, credentials-based society all the more urgent. Monkeywrenching, sabotage, public education, and development of alternatives are all needed.
    • If the surveillance state grows as rapidly as it now
      appears to be doing, more desperate measures may be
      needed. Personally, I wouldn’t shed any tears if
      Washington, D.C. and environs got zapped with a terrorist
      nuke; the innocents would be replaced quickly enough, and
      the death of so many political ghouls would surely be
      worth it. The destruction of Babylon.
    • We need to get the message about «blinded credentials»
      (which can show some field, like age, without showing all
      fields, including name and such) out there. More
      radically, we need to cause people to question why
      credentials are as important as many people seem to
      think.
    • I argue that credentials are rarely needed for mutually
      agreed-upon transactions

11.17. Loose Ends
11.17.1. USPS involvement in electronic mail, signatures,
authentication (proposed in July-August, 1994)

  • Advantages:
    • many locations
    • a mission already oriented toward delivery
  • Disadvantages:
    • has performed terribly, compared to allowed compettion
      (Federal Express, UPS, Airborne, etc.)
    • it’s linked to the goverment (now quasi-independent, but
      not really)
    • could become mandatory, or competition restricted to
      certain niches (as with the package services, which
      cannot have «routes» and are not allowed to compete in
      the cheap letter regime)
    • a large and stultified bureaucracy, with union labor
  • Links to other programs (software key escrow, Digital
    Telephony) not clear, but it seems likely that a quasi-
    governemt agency like the USPS would be cooperative with
    government, and would place limits on the crypto systems
    allowed.
    11.17.2. the death threats
  • An NSA official threatened to have Jim Bidzos killed if he
    did not change his position on some negotiation underway.
    This was reported in the newspaper and I sought
    confirmation:
    • «Everything reported in the Merc News is true. I am
      certain that he wasnot speaking for the agency, but when
      it happened he was quite serious, at least appeared to
      be. There was a long silence after he made the threat,
      with a staring contest. He was quite intense. «I respect and trust the other two who were in the room
      (they were shocked and literally speechless, staring into
      their laps) and plan to ask NSA for a written apology and
      confirmation that he was not speaking for the agency.
      We’ll see if I get it. If the incident made it into
      their trip reports, I have a chance of getting a letter.»
      [jim@RSA.COM (Jim Bidzos), personal communication, posted
      with permission to talk.politics.crypto, 1994-06-28]
      11.17.3. False identities…cannot just be «erased» from the computer
      memory banks. The web of associations, implications, rule
      firings…all mean that simple removal (or insertion of a
      false identity) produces discontinuities, illogical
      developments, holes…history is not easily changed.

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