FC: Update on Echelon, cybercrime treaty, FBI's Operation Cyber Loss

From: Declan McCullagh (declanat_private)
Date: Tue Jun 05 2001 - 06:05:46 PDT

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    From: "Phil Cain" <philat_private>
    To: <declanat_private>
    Subject: FYI: E-Legality Bulletin, June 2001
    Date: Mon, 4 Jun 2001 17:51:46 +0100
    
    Hi Declan
    
    I though you and your list might be interested
    to hear of E-Legality Bulletin.
    
    The analysis piece on Echelon may be of particular
    interest.
    
    Kind regards
    
    Phil Cain
    editor, E-Legality Bulletin
    t: +44 1273 231 291
    
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    E-Legality Bulletin
    -Tracking law makers and breakers
    
    Issue 3, June 2001
    
    *CONTENTS
    
    News:
          90 Charged in FBI operation
          CoE to table cybercrime treaty
          US to rethink IT security plan
          Peekabooty poised to launch
          EC launches safety site
    
    Resources
    Conference diary
    
    In-depth:
          Analysis: US frustrates EU Echelon investigation
          Feature: Hackers waive the rules
    
    *NEWS:
    
    News: 90 CHARGED IN FBI OPERATION
    
    An FBI crackdown on online crime called 'Operation Cyber Loss' has led to
    charges being brought against 90 people who are alleged to have cost 56,000
    victims over $117m.
    
    Some of the schemes were uncovered thanks to the Internet Fraud Complaint
    Centre (http://www.ifccfbi.gov), a partnership between the FBI and the
    National White Collar Crime Centre.
    
    The partners said, "The accomplishments of this operation are a direct
    result of the close working relationship law enforcement has developed with
    the private sector and e-commerce companies." E-Money company Pay Pal
    (http://www.paypal.com) and financial information provider Motley Fool
    (http://www.fool.com) were picked as useful informants.
    
    The charges brought include wire fraud, mail fraud, bank fraud, money
    laundering and intellectual property violations resulting from evidence of
    online auction fraud, non-delivery of items, credit card fraud, bank fraud
    and pyramid schemes.
    
    *An Internet Fraud Complaint Centre report released in parallel with the
    announcement of the results of Operation Cyber Loss said that Internet
    auctions accounted for 64% of all Internet fraud reported.
    See: http://www.ifccfbi.gov/strategy/AuctionFraudReport.pdf
    
    News: CoE TO TABLE CYBERCRIME TREATY
    
    A draft convention on cybercrime is due to be handed on to the European
    Committee on Crime Problems in mid-June, the final stage before being
    submitted to the Council of Ministers for adoption.
    
    The proposed convention, now in its 27th draft, is said to be the first
    document of its kind. Signatories agree to a list of undertakings meant to
    ensure they meet minimum and compatible standards of cybercrime law
    enforcement.
    
    Among the draft's proposals are that signatory countries agree to adopt
    legislative measures to allow its authorities to: search and seize stored
    computer data, collect or force service providers to collect data in real
    time; and agree to assist one another.
    
    Critics are concerned that there is no equivalent treaty to counterbalance
    enforcement undertakings with human rights and privacy undertakings.
    
    The draft report can be downloaded from:
    http://conventions.coe.int/treaty/EN/cadreprojets.htm
    
    News: US TO RETHINK IT SECURTY PLAN
    
    President George W Bush announced plans to rethink the National Plan for
    Cyberspace Security on 9 May, shortly after the publication of a damning
    108-page General Accounting Office report.
    
    The GAO report, entitled 'Critical Infrastructure Protection: Significant
    Challenges in Developing National Capabilities' [ref: see below], took a
    particularly dim view of the FBI's National Infrastructure Protection Centre
    (NIPC), recipient of $60m since it was established in 1998.
    
    Among the criticisms were: that the definition of what constitutes a cyber
    attack threatening national security is ill-defined; that NIPC hacker
    warnings have come too late to prevent significant damage; that there is a
    lack of communication between it and other relevant departments; and that
    there is insufficient private sector involvement.
    
    The presidential statement indicated that the new cybersecurity plan will
    have a greater input from the private sector input and from other government
    departments. The planning is being coordinated by the Department of
    Commerce's Critical Infrastructure Assurance Office (http://www.ciao.gov).
    
    *The GAO report (ref: GAO-01-323) was released on 25 April and came into the
    public domain on 22 May. It can be downloaded from: http://www.gao.gov
    
    News: PEEKABOOTY POISED TO LAUNCH
    
    In July, high-profile hacking fraternity Cult of the Dead Cow will launch
    Peekabooty, a browser that allows users to download encrypted files from a
    peer-to-peer network similar to Napster's.
    
    According to Cult of the Dead Cow (CDC), Peekabooty will protect users from
    political persecution, but the browser could also be used by criminals to
    escape detection.
    
    Security company Baltimore was quick to seize the opportunity to promote its
    products.
    Jonathan Tait said Peekabooty downloads can be prevented because, "The
    browser has to point at a server or URL to work, and these addresses will be
    listed somewhere."
    
    News: EC LAUNCHES SAFETY SITE
    
    Saferinternet, an European Commission funded web site, went online this
    month with the aim of providing a forum to exchange awareness about illegal
    and harmful Internet content.
    
    The site (http://www.saferinternet.org) contains links to Internet safety
    news, debate and resources for the consumer and information about the
    commission's Internet Action Plan, of which the site is a part. The site
    also gives organisations a way to solicit partnerships and details of EC
    grants to develop filtering software.
    
    The Eu210,000 a year platform was built by Brussels-based ECOTEC which was
    formed in December last year following the takeover of NEI Kolpron, based in
    Rotterdam, by Birmingham-based ECOTEC Research & Consulting.
    
    Resources:
    NET INVESTIGATION: The Coalition for the Prevention of Economic Crime (CPEC)
    has published a new guide to using the Internet in investigation and
    research.
    http://www.ncpec.org/whats_new/cpec_datasheet.pdf
    INFORMATION WARFARE: An Australian-based team is calling for papers on
    information warfare for a journal due out in September 2001.
    http://www.mindsystems.com.au/autt.nsf/pages/infowarfare
    MONEY LAUNDERING DATABASE: Moneylaundering.com, launched a searchable
    archive of money laundering articles dating back to 1993. To try it out
    visit:
    http://www.moneylaundering.com/MLAdatabase.htm
    
    Conference diary:
    5-6 June - INET 2001: The Internet Society's annual conference covering the
    technology, uses, and governance of the Internet. Topics include
    intellectual property, peer-to-peer networks and censorship.
    See: http://www.isoc.org/inet2001/
    6 June - GREEN/EFA RESEARCH FORUM: European Parliament. Preliminary
    programme includes a presentation on Infowar by R. Bendrath of Free
    University of Berlin and T. Bunyan of Statewatch (UK).
    Contact: lvandewalleat_private
    19-20 June: THE INFORMATION SOCIETY: Review of regulatory and public policy
    aspects of information society.
    See: http://www.emf.be/regul/regul_presentation.htm
    2-6 July - CYBERLAW 'SUMMER CAMP': The Berkman Center for Internet and
    Society is hosting Internet Law Program covering copyright protection, the
    digital distribution of music, free speech and privacy online.
    See: http://cyber.law.harvard.edu/ilaw
    
    
    *IN-DEPTH
    
    Analysis: US FRUSTRATES EU ECHELON INVESTIGATION
    By Phil Cain  philcain@e-legality.org
    
    The EU team investigating Echelon, an international electronic communication
    interception system headed by the US National Security Agency, cut short its
    visit to the US this month because it was denied planned meetings with
    representatives of the US Advocacy Centre.
    
    The Advocacy Centre was set up by the Department of Commerce in 1993 to help
    US firms to win foreign public contracts. Some believe the centre could have
    helped pass on economic information picked up by the Echelon network to US
    corporations. Proving such exchanges took place is crucial to proving the EU
    's contention that Echelon may have significantly damaged EU economies.
    
    Denial of access to the Advocacy Centre meant the investigation team, led by
    'rapporteur' Gerhard Schmidt, was unable to verify or discount documents
    which suggested the CIA is involved in the Centre's work. Nor could it find
    out the identity of five of the 19 agencies the Centre says it works with
    but does not name.
    
    US intelligence officials admit to state-sponsored industrial espionage
    justifying it by saying it is simply a way to uncover foreign corruption
    which put US companies at an unfair disadvantage. In answer reports
    published by the EU investigative team this month (see below) say: "It
    should be pointed out to the Americans that all EU Member States have
    properly functioning criminal justice systems. If there is evidence that
    crimes have been committed, the US must leave the task of law enforcement to
    the host countries."
    
    The reports, released shortly after the investigation team's untimely return
    from the US, said the balance of evidence suggests that the Echelon system
    does exist. But it also did not rule out the possibility that France and
    Russia may operate similar global surveillance operations but concluded that
    there was "insufficient evidence to draw a firm conclusion".
    
    The new documents emphasise the limits technology imposes on the capacity of
    any such signal interception system. In particular they pointed out the way
    the Internet transmits data means: "Echelon states have access to only a
    very limited proportion of Internet communication transmitted by cable."
    Satellite and radio transmissions were reckoned to be more likely sources of
    Echelon's raw material.
    
    Whatever the medium monitored by the system, the reports conclude the
    restricted capacity of computer keyword-matching and the limited number of
    intelligence analysts meant the number of messages that could be scanned by
    the system would by no means be comprehensive. By way of example the report
    pointed out that a comparable German signals intelligence system monitors
    only 10% of messages.
    
    The reports also note that a filtering system would be put under significant
    extra strain if required to pick up economic key words as well as ones
    relating to national security.
    
    The EU reports suggests that participants in the putative Echelon
    surveillance network - the US, UK, Canada, Australia and New Zealand - may
    have contravened certain international laws, including EC law. Though the EC
    Treaty, which sets out the ground rules for the EU, does not cover state
    security operations and law and order it does not allow members to spy on
    other member's companies.
    
    The report said US privacy law and the EU Charter of Human Rights could not
    be used against Echelon, but it noted Article 8 of the European Court of
    Human Rights (ECHR) could offer redress to parties injured by Echelon. The
    article requires signatory governments to monitor foreign intelligence
    services on their territory. The report raises the question about how
    diligently the UK and Germany have monitored US intelligence activities on
    their territory in the past.
    
    Consequently, the reports states that there is good reason "to call on
    Germany and the UK to take their obligations under the ECHR seriously and to
    make the authorisation of further intelligence activities by the National
    Security Agency on their territory contingent on compliance with the ECHR."
    
    *Sources:
    Shortly after the EU investigative team's return a document said to be a
    92-page draft report on Echelon written before the US visit was posted on
    the Internet.
    See: http://cryptome.org/Echelon-ep.htm
    And, not long after that an updated 113-page draft was officially released.
    See: http://www.fas.org/irp/program/process/prEchelon_en.pdf
    
    
    Feature: HACKERS WAIVE THE RULES
    By Derek Parkinson  derek@e-legality.org
    
    Although hacking activity predated the Internet, it is the emergence of the
    Internet as a mass-market technology that pumped up the profile of hackers
    as a new social menace. But according to some they are certainly not all
    bad.
    
    Jeff Taylor, for example, who worked for GEC Marconi on the flight control
    software of the Boeing 777 and on UBS Warburg's Microsoft SMS system, says:
    "The hacking community is a much needed part of the Internet world. Without
    these individuals continually probing the edges of our security, we'd never
    know there were holes open to the nastier parts of the community."
    
    Broadly, hackers fall into three groups: so-called 'white hats', the sort
    that gain qualified respect from IT professionals; 'black hats' or 'crackers
    ', who aim not just to identify security holes but to exploit them for a
    variety of reasons, among the most common being politics, status, or for
    financial gain. The last, largest, and least respected group are the 'script
    kiddie', who rely on kits published on the web to build their viruses and
    tools.
    
    "There's been an explosion of website defacements, due mainly to script
    kiddies picking things up from bulletin boards. They don't know what they're
    doing, they're looking for kudos," says Gunter Ollman, principal security
    analyst with Internet Security Systems.
    In Ollman's view, it's difficult to gauge how much hacking activity has a
    criminal purpose: "There's very little information on this but it's clearly
    the intent in many attacks such as theft of information, credit card
    details, for example."
    
    Despite the lack of hard data, there is growing apprehension that tools and
    expertise developed by crackers, published on bulletin boards and eagerly
    grabbed by script kiddies, can just as easily fall into the hands of
    organized crime. Rumours of well funded and trained East European and
    Russian cracker gangs continue to swirl around the Internet.
    
    ---New technologies create more targets---
    
    Hackers will have a greater variety of targets to pick from. We can expect
    to see more attacks on wireless LANs, often touted as a convenient
    alternative to cable networks: "Drive-by hacking is possible now - all you
    need is a laptop with a wireless LAN card, which costs you about £80," says
    Ollman.
    
    He also picks out home PCs as a likely new target: "The home PC is becoming
    a more valuable target because applications like home banking mean that
    confidential information like passwords are stored on the hard disk," he
    says. Home PCs will also be used by hackers to store 'warez' - pirated
    software - without being caught in possession. According to Ollman, trojans
    and scanners that seek vulnerable programming interfaces have already been
    developed for home PCs, and with the spread of DSL 'always on' connections,
    attacks are certain to follow.
    
    Mass attacks are also likely to increase according to Ollman, with
    intelligent agents developed to deface sites and multiply, searching for and
    installing themselves on vulnerable servers.
    
    Taylor agrees: "Hackers will start to employ artificial intelligence in
    their attempts at breaking in. Bots will become the modern version of the
    war-dialler of old. They'll be programmed to target specific sites, knocking
    continuously to find a way in," he says.
    
    It seems likely that as software agents like bots become more sophisticated,
    so they will become more difficult to detect. The signs aren't promising -
    according to Chris Roberts, head of IT security at Imperial College London,
    we are already losing ground in the fight against viruses: "Traditional
    anti-viral software has two stages - fingerprinting and deletion, but
    viruses can outsmart fingerprinting by being modified slightly. The only way
    of dealing with this is fuzzy matching, but that's not very well developed
    at the moment," he says.
    
    ---Counter measures---
    
    Whether over-hyped or under-reported, hacking is an issue that cannot be
    ignored, but security and law - the two most obvious countermeasures - are
    woefully unprepared. According to Professor Roger Needham, MD Microsoft
    Research, it is partly a question of attitude: "When people are developing
    software, security is not the thing you first think of. Security is a
    nuisance - you want to have it but you don't want to pay for it," he says.
    
    Richard Boothroyd, a security consultant with ICL, claims current laws fail
    to offer adequate protection: "For example, in the UK, hacking does not
    carry strong enough penalties - it's still seen as white-collar crime," he
    says. Boothroyd was also downbeat on the prospects for international
    collaboration: "Apparently, getting an international law of the sea took 40
    years of negotiation."
    
    It is an uncomfortable analogy for those who imagine hackers will one day be
    eliminated: The seas were plagued by pirates fore hundreds of years before
    maritime law was established, and are certainly not absent from shipping
    lanes even today.
    
    
    
    
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