Shhh… The Protecting Cyber Networks Act Gets Greenlight from Congress

Time to brace up for further loss of privacy as the PCNA would amount to voluntary wholesale transfer of data to the NSA (see story below).

And the Congress actually believe it’s in the name of stopping hackers and cyber attacks?

House Passes Cybersecurity Bill Despite Privacy Protests

Andy Greenberg
04.22.15

Congress is hellbent on passing a cybersecurity bill that can stop the wave of hacker breaches hitting American corporations. And they’re not letting the protests of a few dozen privacy and civil liberties organizations get in their way.

On Wednesday the House of Representatives voted 307-116 to pass the Protecting Cyber Networks Act, a bill designed to allow more fluid sharing of cybersecurity threat data between corporations and government agencies. That new system for sharing information is designed to act as a real-time immune system against hacker attacks, allowing companies to warn one another via government intermediaries about the tools and techniques of advanced hackers. But privacy critics say it also threatens to open up a new backchannel for surveillance of American citizens, in some cases granting the same companies legal immunity to share their users’ private data with government agencies that include the NSA.

“PCNA would significantly increase the National Security Agency’s (NSA’s) access to personal information, and authorize the federal government to use that information for a myriad of purposes unrelated to cybersecurity,” reads a letter signed earlier this week by 55 civil liberties groups and security experts that includes the American Civil Liberties Union, the Electronic Frontier Foundation, the Freedom of the Press Foundation, Human Rights Watch and many others.

“The revelations of the past two years concerning the intelligence community’s abuses of surveillance authorities and the scope of its collection and use of individuals’ information demonstrates the potential for government overreach, particularly when statutory language is broad or ambiguous,” the letter continues. “[PCNA] fails to provide strong privacy protections or adequate clarity about what actions can be taken, what information can be shared, and how that information may be used by the government.”

Specifically, PCNA’s data-sharing privileges let companies give data to government agencies—including the NSA—that might otherwise have violated the Electronic Communications Privacy Act or the Wiretap Act, both of which restrict the sharing of users’ private data with the government. And PCNA doesn’t even restrict the use of that shared information to cybersecurity purposes; its text also allows the information to be used for investigating any potential threat of “bodily harm or death,” opening its application to the surveillance of run-of-the-mill violent crimes like robbery and carjacking.

Congressman Adam Schiff, who led the advocacy for the bill on the House floor, argued in a statement to reporters that PCNA in fact supports privacy by protecting Americans from future hacker breaches. “We do this while recognizing the huge and growing threat cyber hacking and cyber espionage poses to our privacy, as well as to our financial wellbeing and our jobs,” he writes.

“In the process of drafting this bill, protecting privacy was at the forefront throughout, and we consulted extensively with privacy and civil liberties groups, incorporating their suggestions in many cases. This is a strong bill that protects privacy, and one that I expect will get even better as the process goes forward—we expect to see large bipartisan support on the Floor.”

Here’s a video [above] of Schiff’s statement on the House floor.

PCNA does include some significant privacy safeguards, such as a requirement that companies scrub “unrelated” data of personally identifying information before sending it to the government, and that the government agencies pass it through another filter to delete such data after receiving it.

But those protections still don’t go far enough, says Robyn Greene, policy counsel for the Open Technology Institute. Any information considered a “threat indicator” could still legally be sent to the government—even, for instance, IP address innocent victims of botnets used in distributed denial of service attacks against corporate websites. No further amendments that might have added new privacy restrictions to the bill were considered before the House’s vote Wednesday. “I’m very disappointed that the house has passed an information sharing bill that does so much to threaten Americans’ privacy and civil liberties, and no real effort was made to address the problems the bill still had,” says Greene. “The rules committee has excluded amendments that would have resolved privacy concerns…This is little more than a backdoor for general purpose surveillance.”

In a surprise move yesterday, the White House also publicly backed PCNA and its Senate counterpart, the Cybersecurity Information Sharing Act in a statement to press. That’s a reversal of its threat to veto a similar Cybersecurity Information Sharing and Protection Ac in 2013 over privacy concerns, a decision that all but killed the earlier attempt at cybersecurity data sharing legislation. Since then, however, a string of high-profile breaches seems to have swayed President Obama’s thinking, from the cybercriminal breaches of Target and health insurer Anthem that spilled millions of users’ data, to the devastating hack of Sony Pictures Entertainment, which the FBI has claimed was perpetrated as an intimidation tactic by the North Korean government to prevent the release of its Kim Jong-un assassination comedy the Interview.

If the White House’s support stands, it now leaves only an upcoming Senate vote sometime later this month on the Senate’s CISA as the deciding factor as to whether it and PCNA are combined to become law.

But privacy advocates haven’t given up on a presidential veto. A new website called StopCyberspying.com launched by the internet freedom group Access, along with the EFF, the ACLU and others, includes a petition to the President to reconsider a veto for PCNA, CISA and any other bill that threatens to widen internet surveillance.

OTI’s Greene says she’s still banking on a change of heart from Obama, too. “We’re hopeful that the administration would veto any bill that doesn’t address these issues,” she says. “To sign a bill that resembles CISA or PCNA would represent the administration doing a complete 180 on its commitment to protect Americans’ privacy.”

Shhh… NSA Demands on Crypto Backdoors Led to US-China Spat on Backdoors & Encryption

Photo (above) credit: US-China Perception Monitor.

GlennGreenward-Tweets

The tweet from Glenn Greenwald above sums up the prevailing stance between the US and China (see video clip below) on backdoors and encryption matters – please see also article below.

It’s not like the NSA has not been warned and China may just be the first of many to come.

The United States Is Angry That China Wants Crypto Backdoors, Too

Written by
Lorenzo Franceschi-Bicchierai
February 27, 2015 // 03:44 PM EST

When the US demands technology companies install backdoors for law enforcement, it’s okay. But when China demands the same, it’s a whole different story.

The Chinese government is about to pass a new counter terrorism law that would require tech companies operating in the country to turn over encryption keys and include specially crafted code in their software and hardware so that chinese authorities can defeat security measures at will.

Technologists and cryptographers have long warned that you can’t design a secure system that will enable law enforcement—and only law enforcement—to bypass the encryption. The nature of a backdoor door is that it is also a vulnerability, and if discovered, hackers or foreign governments might be able to exploit it, too.

Yet, over the past few months, several US government officials, including the FBI director James Comey, outgoing US Attorney General Eric Holder, and NSA Director Mike Rogers, have all suggested that companies such as Apple and Google should give law enforcement agencies special access to their users’ encrypted data—while somehow offering strong encryption for their users at the same time.


“If the US forces tech companies to install backdoors in encryption, then tech companies will have no choice but to go along with China when they demand the same power.”

Their fear is that cops and feds will “go dark,” an FBI term for a potential scenario where encryption makes it impossible to intercept criminals’ communications.

But in light of China’s new proposals, some think the US’ own position is a little ironic.

“You can’t have it both ways,” Trevor Timm, the co-founder and the executive director of the Freedom of the Press Foundation, told Motherboard. “If the US forces tech companies to install backdoors in encryption, then tech companies will have no choice but to go along with China when they demand the same power.”

He’s not the only one to think the US government might end up regretting its stance.


Someday US officials will look back and realize how much global damage they’ve enabled with their silly requests for key escrow.

— Matthew Green (@matthew_d_green) February 27, 2015

Matthew Green, a cryptography professor at Johns Hopkins University, tweeted that someday US officials will “realize how much damage they’ve enabled” with their “silly requests” for backdoors.

Matthew Green, a cryptography professor at Johns Hopkins University, tweeted that someday US officials will “realize how much damage they’ve enabled” with their “silly requests” for backdoors.

Ironically, the US government sent a letter to China expressing concern about its new law. “The Administration is aggressively working to have China walk back from these troubling regulations,” US Trade Representative Michael Froman said in a statement.

A White House spokesperson did not respond to a request for comment from Motherboard.

“It’s stunningly shortsighted for the FBI and NSA not to realize this,” Timm added. “By demanding backdoors, these US government agencies are putting everyone’s cybersecurity at risk.”

In an oft-cited examples of “if you build it, they will come,” hackers exploited a system designed to let police tap phones to spy on more than a hundred Greek cellphones, including that of the prime minister.

At the time, Steven Bellovin, a computer science professor at Columbia University, wrote that this incident shows how “built-in wiretap facilities and the like are really dangerous, and are easily abused.”

That hasn’t stopped other from asking though. Several countries, including India, Kuwait and UAE, requested BlackBerry to include a backdoor in its devices so that authorities could access encrypted communications. And a leaked document in 2013 revealed that BlackBerry’s lawful interception system in India was “ready for use.”