[iwar] [fc:Did-Encryption-Empower-These-Terrorists?]

From: Fred Cohen (fc@all.net)
Date: 2001-09-12 07:12:55


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Subject: [iwar] [fc:Did-Encryption-Empower-These-Terrorists?]
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Did Encryption Empower These Terrorists? And would restricting crypto
have given the authorities a change to stop these acts? 
By Steven Levy, Newsweek, 9/12/2001
<a href="http://msnbc.com/news/627390.asp?cp1=1">http://msnbc.com/news/627390.asp?cp1=1>

Sept. 11 - "Well, I guess this is the end now. . . ." So wrote the first
Netizen to address today's tragedy on the popular discussion group,
sci.crypt. The posting was referring what seems like an inevitable
reaction to the horrific terrorist act: an attempt to roll back recent
relaxations on encryption tools, on the theory that cryptography helped
cloak preparations for the deadly events.

BUT THE DESPONDENCY reflected in the comment can be applied more
generally. The destruction of the World Trade Center and the attack on
the Pentagon comes at a delicate time in the evolution of the
technologies of surveillance and privacy. In the aftermath of September
11, 2001, our attitude toward these tools may well take a turn that has
profound implications for the way individuals are monitored and tracked,
for decades to come. The first issue on the docket will be the fate of
tools that enable citizens to encrypt their e-mail, documents and phone
conversations as they zip through cyberspace and the ether. Over the
past decades there have been heated debates over whether this technology
should be restricted-as it can clearly benefit wrong-doers as well as
businesspeople and just plain average people. The prime government
argument in favor of restrictions invoked the specter of precisely this
kind of atrocity. Quite literally, it was the fear of "another World
Trade Center" that led the Clinton administration in the 1990s to
propose a system whereby people could encode their e-mails and
conversations, but also provide the Feds with a "back-door" means of
access. Now that those fears have come to pass, it's fair to ask those
who lionized crypto as a liberating tool to face a tough question: Did
encryption empower these terrorists? And would restricting crypto have
given the authorities a chance to stop these acts?  In the recent trial
over the bombing of the Libyan embassy, prosecutors introduced evidence
that Bin Laden had mobile satellite phones that used strong crypto. 
The answer to the first question is quite possibly yes. We do know that
Osama Bin Laden, who has been invoked as a suspect, was a sophisticated
consumer of crypto technology. In the recent trial over the bombing of
the Libyan embassy, prosecutors introduced evidence that Bin Laden had
mobile satellite phones that used strong crypto. Even if Bin Laden was
not behind it, the acts show a degree of organization that indicates the
terrorists were smart enough to scramble their communications to make
them more difficult, if not impossible, to understand. If not for
encryption, notes former USAF Col. Marc Enger (now working for security
firm Digital Defense) "they could have used steganography [hiding
messages between the pixels of a digital image] or Web anonymizers
[which cloak the origin of messages]."  But that doesn't mean that laws
or regulations could have denied these tools to the terrorists. After
all, many of the protocols of strong cryptography are in the public
domain. Dozens of programs were created overseas, beyond the control of
the U.S. Congress. The government used to argue that allowing crypto to
proliferate, particularly to the point of being built into popular
systems made by Microsoft or AOL, would empower even stupid criminals.
But these were sophisticated terrorists, not moronic crooks.

Before September 11, commercial interests, privacy advocates and most in
the government had reached a sort of common ground, balancing high-tech
with threats. Cryptography was regarded as a fact of life, one with some
benefit to national secruity as well as risks. (In an age of
Info-Warfare, we are the most vunerable nation, and cryptography can
help secure our infrastructure.) Intelligence agencies could make up for
the difficulties that crypto creates for them by several means,
including heightened work in codebreaking, more use of "human assets"
(spies), and-most of all-taking advantage of the bounty of new
information that the telecom revolution has forced out into the open.
E-mail, pagers, faxes, cell phones, Blackberries, GPS systems, Web
cookies-every year another device or system seems to emerge to expose
information to eavesdroppers. Even if terrorists encrypt content on some
of those tools, simply tracking who talks to whom, and measuring the
volume of messages, can yield crucial intelligence. (Indeed, this form
of "traffic analysis" did produce evidence that was used in the Embassy
bombing trial.) The challenge to our spy agencies-one tragically not met
this time around-is to use those means to compensate for whatever
information might have been lost to encryption.  Before this attack,
there was a general feeling that we would see legislation to protect
privacy on the Web and perhaps limit tools that threatened civil
liberties. 
Beyond the crypto issue are a raft of controversies involving other
technologies of surveillance. Before this attack, there was a general
feeling that we would see legislation to protect privacy on the Web and
perhaps limit tools that threatened civil liberties. Some feared that
face-scanning devices like the one used at the last Super Bowl can track
individuals as they move from one publicly mounted surveillance camera
to another. There was criticism directed toward the FBI's "Carnivore"
device, capable of scooping up massive numbers of e-mails from Internet
service providers. There was concern over Web bugs that tracked people's
movements on the Internet. There were objections to the Department of
Justice's scheme to insure that cell phones were also tracking devices,
presumably to aid 911 services, but potentially becoming homing devices
to follow our roamings. Until today, a pro-privacy consensus was
building. Will those concerns be set aside in the rush to do
something-anything-to assure ourselves that we can prevent another
September 11, 2001? Privacy advocate Richard Smith anticipates big
changes in airport security, but not necessarily a reboot on overall
privacy outlook. "Those types of restrictions just don't work against
people like [these terrorists]," he says. Let's hope that he's
right-that wisdom and courage, and not fear, dictates future policy.
Otherwise, the legacy of this terrible day may become even more painful. 
Newsweek Senior Editor Steven Levy is the author of "Crypto: How the
Code Rebels Beat the Government-Saving Privacy in the Digital Age"

© 2001 Newsweek, Inc.

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