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Monday, June 06, 2016

DOJ pushes for more regulation during 2016 CCIPS-CSIS Cybercrime Symposium - The α and Ω of InfoSec Program


Posted By CotoBlogzz

Rancho Santa Margarita, CA - during today's 2016 Center for Strategic and International Studies (CSIS) and  the Department of Justice’s Computer Crime and Intellectual Property Section (CCIPS) Cybercrime Symposium, the DOJ continued to push for more regulation, giving the the government more power to intercept private communication, mostly due to advances in technology. Something we continue to oppose.




In prepared remarks, Assistant Attorney General Leslie R. Caldwell, stated that 
The focus of this year’s cybercrime symposium is “Cooperation and Electronic Evidence Gathering Across Borders.”  This focus encompasses two emerging challenges to public safety and national security – the challenge posed when criminals use new technologies to victimize innocent people and avoid accountability or even identification; and the challenge posed when criminal schemes cross international borders and legitimate law enforcement efforts to counter those schemes require international cooperation to be successful.  Addressing these twin challenges are among the Department of Justice’s top priorities.  


After a brief cost-benefit analysis,   Ms.  Caldwell concludes  that "it is now becoming all too apparent that these benefits sometimes come at a cost, which was not widely appreciated until recently: criminals have been able to turn the advantages of the internet against us."

The thing is that even the British Computing Society (BSC) Code of Ethics, foresaw the ethical challenges associated with technology in general when it included the assertion that if you are even thinking of creating a new system, it's security has been compromised.  Blaming the Internet, in other words, is not a good idea.

What Apple Computer promises and what it can actually deliver are two completely different animals:  Remember the BCS Code of Ethics


Ms. Caldwell also blames certain marketing efforts, such as Apple Computer's that sell warrant-proof devices: "In an attempt to market products and services as protective of personal privacy and data security, companies increasingly are offering products with built-in encryption technologies that preclude access to data without the consent of the user." However, what Apple Computer and other so-called warrant-proof device makers promise, and what they can actually deliver are completely different issues. 

Ms Caldwell clarifies the warrant proof buzzword as follows: "
For law enforcement, “Warrant-proof” is not a technical term, and it can encompass different types of technology, but we use it to describe a situation where a service provider has implemented encryption in a way that prevents them from producing usable, unencrypted information even if they are served with a valid court order."

Ms Caldwell spends about one half of her time of her time on cross-border regulations, and the other one making the argument that law enforcement requires more regulation to battle warrant-proof technology: "That is why when we discuss the larger questions posed by warrant-proof systems, we must ensure that we have a broad-based policy discussion.  We should not allow changing technologies or the economic interests of the private sector to overwhelm larger policy issues relating to the needs of public safety and national security."

While we agree that given the mission/vision/goals, the alpha and the omega- the beginning and the end,  of an effective security program is policy, in this case the policy Ms. Caldwell advocates goes against freedom and privacy and civil liberties.



Ms Caldwell's  conclusion on cross-border sues is that " despite ongoing investments in mutual legal assistance, many of our foreign partners remain in the difficult position of relying on access to electronic evidence located within the United States for their legitimate public safety and national security needs."



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Does Encryption Make Phones 'Warrantproof?' Fact-Checking The FBI
http://www.npr.org/2016/03/07/469545328/does-encryption-make-phones-warrant-proof-fact-checking-the-fbi




FBI Chief Tells Congress Encryption Is Creating 'Warrantproof' Devices
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Hacker 'Guccifer': I Got Inside Hillary Clinton's Server




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FBI’s Testimony to House Committee is less deciphering encryption and more of a false choice.

Rancho Santa Margarita, CA - Amy Hess , FBI's Executive Assistant Director, Science and Technology Branch , Statement today, Before the House Committee on Energy and Commerce, Subcommittee on Oversight and Investigation is titled Deciphering the Debate Over Encryption, is less of the deciphering  and more a false choice















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