April 23, 2009

Watch out for the feds' proposed cybersecurity 'fix'

A proposed antiterrorist law could create a government-sanctioned back door into your network

Here's a security nightmare that's probably kept you up at night: A departing employee builds a back door into the network and uses it to steal proprietary information or even shut it down for kicks or for revenge. That's bad enough, but suppose such a back door existed because the government made IT create it.

Sound far-fetched? It's not. The proposed Cybersecurity Act of 2009 would give the White House and the Department of Commerce the power to shut down Internet traffic, disconnect critical infrastructure systems, and have access to network infrastructure data when needed on national security grounds. What's more, the act would open the door (the front door, in this case) to unprecedented violations of electronic privacy and give the government the power to license security professionals -- and blacklist the unlicensed.

[ Security spending is no longer a sacred cow, but smart companies have figured out how to safely reduce the cost. ]

Here's a direct quote from the bill, which was introduced by two usually level-headed senators, Olympia Snowe (R-Maine) and Jay Rockefeller (D-W. Va.)."The Secretary of Commerce shall have access to all relevant data concerning (critical infrastructure) networks without regard to any provision of law, regulation, rule, or policy restricting such access."

Yikes! Think about that. With a stroke of the pen, any guarantees of privacy under laws like the Electronic Communications Privacy Act, the Privacy Protection Act, and others would be suspended.

The back door Congress may put on your network
The enormous threat to privacy contained in that section is frightening and rather obvious. Jennifer Granick, the civil liberties director for the Electronic Frontier Foundation, looked closely at the 22-page bill and saw even more. She wrote, "Even worse, it isn't clear whether this provision would require systems to be designed to enable access, essentially a back door for the Secretary of Commerce that would also establish a primrose path for any bad guy to merrily skip down as well. If the drafters meant to create a clearinghouse for system vulnerability information along the lines of a US CERT mailing list, that could be useful, but that's not what the bill's current language does."

Just to be clear, the language Grannick refers to is the bit that I quoted above, particularly the word "access." Access to relevant data concerning networks -- how would you get that in a hurry? Hmm.

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Phansigar 23-Apr-09 6:28am
Bush-regime security paranoia is obviously still alive and well. I agree that the proposed bill is a horror, but then so is almost every bill Congress enacts that deals with cyberspace, the DMCA being the most obvious example. The sensible ones never make it out of committee. Maybe the power grid has been hacked, maybe not, but it's mostly irrelevant. The grid is almost trivially easy to bring down, thanks to outdated, inadequate technology, poor training, and poor communication. For a real-life example see http://www.sciam.com/article.cfm?id=preventing-blackouts-power-grid. The "smart grid" in ther article is still a dream, the smarts some power companies are advertising are almost exclusively to facilitate billing (of course!), and precious few are even installed. Preserving the security of traffic lights puzzles you? Imagine what would happen if all lights, in every direction, turned green at once. Or if a criminal or terrorist could selectively control lights in order to make escape easy and ground pursuit or emergency services more difficult. Far fetched? Maybe, but not impossible.
hellums 24-Apr-09 6:06am
I don't think the nightmare is 1/10th or 1/100th as bad as your article suggests. The government is not seeking back doors into our network or access to our data. As a bureaucracy, they learned from 9/11 that "stovepipes" and "rice bowls" at the national level circumvent national security and put everyone at risk. When there's a network attacking critical infrastructure infrastructure in this nation, I absolutely want SOMEONE out there that can detach it (the attacker or the system being attacked), ASAP. I see no "unprecedented violation" of privacy there. They want certain individuals in Government to be able to have access to information ABOUT critical infrastructure networks, without some agency playing games about "their" stuff. This is why the FBI didn't talk to the CIA, and thousands of people died needlessly as a result, not to mention the impacts on peace on earth and the US and world economy. They aren't suspending those laws--they're saying that national security interests supersede them, with respect to certain types of information. I want a government with some teeth, not just a lot of bark. Requiring certain levels of certification buys peace of mind. Personally, I don't want some subcontractor to the DoD, DoJ, or DoE hiring some foreign national to work on critical infrastructure systems, any more than I want a public company training suspicious looking/acting Islamic militants how to fly planes. Should the market be allowed to hire the cheapest worker, regardless of security implications on national security? Absolutely not. They are free to work on the critical infrastructure of one of the many member countries of the United Nations, but they have no God-given right to work for the government of the United States, in any capacity, just because some company wants to hire them. It has already been proven that our critical infrastructure, including power grids, have been probed by other nations and groups. Any country NOT doing that to us would be foolish and inept. Any country NOT defending themselves against that are equally foolish and inept. If our government doesn't do something to defend us against that, who will? Private industry? Absolutely not. Private industry is interested in one thing: profit. I want someone to protect me, while private industry is protecting their wallets. In order for that to happen, I have to put SOME faith in my government, rather than assuming that everything is a lie, conspiracy, sham, plot, coverup, or bridge to nowhere.
DL 24-Apr-09 6:34am
1 reply
This bill is more about government control than what a Bush-hater might characterize as "Bush-regime security paranoia." ISP network back-doors were enabled during the Clinton administration purportedly for law-enforcement purposes. They have been used since their inception for electronic eaves-dropping and evidence gathering. Visit the ACLU web site if you have any doubts. The sponsors of this bill are two very liberal Senators who only months ago were criticizing the Justice Department for supposedly using warrant-less wire taps. The language in this bill would effectively eliminate the requirement of a warrant or any other potential oversight. It is obvious now that their concern for the public's right to privacy was nothing more than political posturing. The types of controls that would be enabled by this bill are present in every socialist state in Asia and Europe as well as other well-known dictatorships, kingdoms and theocracies throughout the world. Is this really the kind of change that Obama believes in?
gunner@gulftel.com 25-Apr-09 11:05am
While Obama may or may not agree with the bill, the fact that it was written by both a Republican and a Democrat show me that he probably had nothing to do with its birth. That said, it __APPEARS__ to me that this bill relates ONLY to such critical networks as electric grid, hospital interconnects, and such. NOT the network of Wal-Mart or Microsoft or your local car dealership. STILL, I think it allows for too much control with too little accountability and/or oversight. Just how many times has the Dept. of Homeland Security cried "wolf" without sufficient evidence? And yet, that's all it would take to use this bill as defense of their actions.
dmclean 27-Apr-09 2:08pm
I think we can all take a deep breath on this one. At 56 pages and 23 separate sections, I don't think there's much chance this one makes it out of committee in it's current form, let alone gets a floor vote given the other business before Congress. There a few core issues as I see it. First, this bill is being proposed by the Senate committee that has oversight responsibility for the Commerce department. As such it proposes giving to giving to Commerce a number of charters currently held by other government agencies; most notably the Department of Homeland Security. These agencies (and their own congressional sponsors) won't allow that much authority to be transitioned to Commerce without a fight...the kind of fight that can quickly kill a bill as complicated as this one. Second, it would appear to me that the bill's sponsors have bitten off far more than they can chew in a single congressional session. The issues addressed are numerous and complex and many have no known solutions. This is not the kind of scenario that typically leads to quick or good legislation. Finally, I don't think Section 18, which is the one that would allow the President or surrogate (read Cyberczar) to disconnect a portion of the Internet under attack, is deployable in practice. The authors of Section 18 seem to believe that there are large chunks of Internet traffic that run on physically private networks that connect to the public Internet at limited number of points. This is, of course, not the way the overwhelming majority of ‘net traffic travels. In the limited number of cases where data is secured in transit, it’s nearly always on Virtual Private Networks (VPN) that use exactly the same transmission lines, routers, and wireless connections as all other Internet traffic. So, assuming a national Cybersecurity Czar determined that the nation’s financial system or power grid were under focused attack, just what would he or she order shut down in order to quarantine that piece of the nation’s information infrastructure? It's not like you can throw a switch or two and suddenly take a portion the economy offline. I think the issue this provision raises is worthy of debate; just what measures are the government entitled to take if a portion of the nation's Internet infrastructure becomes SO impaired that in endangers other portions? I doubt the best answer is "nothing", but the language in this bill probably isn't the answer either.

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