FC: Reply from Dutch technologist to column about Cisco, wiretapping

From: Declan McCullagh (declanat_private)
Date: Wed Apr 23 2003 - 09:00:21 PDT

  • Next message: Declan McCullagh: "FC: "Echelon: The Secret Power" documentary reviewed in Variety"

    [Lots of details and interesting suggestions. Keep reading. --Declan]
    
    ---
    
    Date: Wed, 23 Apr 2003 15:35:23 +0200 (MET DST)
    From: Paul Wouters <paulat_private>
    To: Declan McCullagh <declanat_private>
    cc: Fred Baker <fredat_private>, John Gilmore <gnuat_private>
    Subject: Re:  FC: Weekly column: Cisco's wiretapping plans, int'v with Fred 
    Baker
    
    Declan,
    
    I am a concerned Dutch citizen, keeping a public eye on the wiretapping
    situation there, especially since we were, until Cisco announced their
    plans, far "ahead" of the world (even before 9-11). Articles I have
    written on this subject are availble online, often in dutch and English,
    and include:
    
    http://www.fnl.nl/ct-nl/archief2001/ct2001-06/ct200106032033.htm (Dutch)
    http://www.opentap.org/ct/ct.aftappen-eng.html (English)
    http://www.fnl.nl/ct/archief2002/ct2002-12/aftappen.htm (English)
    http://www.opentap.org/ccc/ (English)
    
    
    In response to your article "Inside Cisco's eavesdropping apparatus"
    on http://news.com.com/2010-1071-997528.html?tag=fd_nc_1 I have a few
    comments to make:
    
    First you quote Baker saying:
    
     > We've had direct contact with the FBI and other agencies. When I was in
     > Holland I (spoke at a conference with the head of the equivalent of the
     > country's Central Intelligence Agency). The fact that he came out and
     > said something made the 8 o'clock news. I had a meeting with him and
     > some of his people a few days later to figure out what he wanted and
     > what he intended to do with this. As an engineer I wanted to understand
     > a customer's problem.
    
    The 8 o'clock newsitem Baker is referring to can be seen at:
    
    http://www.xtdnet.nl/paul/fb.mpg
    
    Only the introduction is Dutch, the remainder is in English with Dutch
    subtitles
    
    Let me put this a bit in context though. Baker spoke at the ISOC
    on januari 16, 2002.  I was there as well. Baker explained that any
    wiretapping technology should not go into the protocols (eg TCP/IP)
    themselves, because it would make the internet infrastructure weaker. It
    is the same argument as the Clipper chip. Backdoors are bad. Escrow keys
    leaking out would mean an international disaster.  Baker, or rather
    the IETF, made a conscious decision not to weaken the protocols, even
    though the LEA's (Lawful Enforcement Agencies) wanted this. Baker did
    acknowledge that some sort of wiretapping needed to exist for those
    LEA's. But he would not comment on what he or Cisco deemed to be the
    solution, except that Cisco was working on it.
    
    The boasting of our Dutch CIA being present is really out of context. Our
    intelligence agencies have been going through various reorganisation
    rounds, with the Old generation leaving (Dr. van Leeuwen) and new people
    settling in. Veenstra was just doing some PR for the BVD. Both the
    military intelligence and the civil intelligence units had ben revamped,
    now called MIVD (Militaire Inlichtingen en Veiligheids Dienst) and AIVD
    (Algemene Inlichtingen en Veiligheids Dienst). Note the difference
    between "binnelandse" (Internal affairs) and "algemene" (generic). By
    now, we also know that our government "needed" more and better SIGINT
    to protect against fundamentalists and terrorists. A new organisation,
    the NSO (Nationale SIGINT Organisatie) was setup to cater for those post
    9-11 worries.
    
    All that Veenstra said that day was that they had an "extreme focus on
    terrorist activity". That took about 10 to 15 minutes.  How ironic that
    only four months later Pim Fortuyn, the leader of the new political party
    LPF that rose from nothing to become the second largest political party in
    the Netherlands, was shot dead. Unfortunately, the secret nature of LEA's
    can explain both failure and success as a reason for more power and money.
    
    
    One of the other things I would like to comment on is Baker's remark
    in the news item that he didn't believe "new laws were being made". I
    think by now it has become quite obvious that all Western governments are
    quickly morphing into a police state. Though I will let others comment
    on the "no new laws" statement Baker made regarding the US situation, I
    will comment on the Dutch situation. In the last four years, most of the
    "temporary laws" (In Dutch "nood-verordeningen") protecting big events
    such as the Eurpoean soccer Championship or our Royal Wedding are still
    in place. Any engineer walking in the center of Amsterdam after 7pm
    officially violates one of these laws if he carries a screwdriver with
    him. In the entire downtown area of Rotterdam and Amsterdam you can be
    "preventatively searched". Without any cause or suspicion. By being in
    the center of Amsterdam you must be a criminal.
    
    But let me get back onto the topic of wiretapping.  We now know Cisco
    would like to implement a wiretapping solution in their hardware, instead
    of in the protocols. From a first cursory glance over the document, it
    seems that Baker's draft complies with the ETSI norm. The Netherlands
    already has such a system in place. It is called Transport of Intercepted
    IP Traffic (TIIT) of which the (secret!) specifications can be found
    on http://www.opentap.org/ The one line explanation of the system is
    "Digitally signed XML warrant goes in, tapping data comes out". The
    government stressed that it would never automate tapping without involvig
    the ISP.
    
    The experiences with this system are currently fairly limited. The
    government is tapping about 100kb continiously, with peaks going to 0.5 to
    1 mbit. These figures are based on their public router statistics. Bits
    of Freedom (www.bof.nl) tried to obtain numbers on the telephone and
    internet taps using the Dutch version of the Freedom of Information Act,
    but despite a government reimbursement system for telco's, it claimed it
    had no central registration of these taps, the government didn't want or
    need these numbers themselves, and therefor these numbers do not exist,
    and cannot be obtained by worried citizens.
    
    NLIP (www.nlip.nl), the Dutch branche organisation of ISP's, has a long
    history of behind doors negotiations with the government on behalve of
    their members. The government swept away their 'demands'. So they have
    foccused their effords on making tapping as cheap as possible for their
    members instead (while publicly not stating that they are no longer
    "nationally involved". Unfortunately, they do still seem to be used as
    an excuse by the government to claim "they are talking to the ISPs".
    This kind of conflict of interest (ISP's involved in law making only
    secondary to their own reduction of expenses) is very dangerous. Two weeks
    ago I also learned, indirectly through this NLIP, that the government
    is writing up a decree (Dutch: "Algemene Maatregel van Bestuur"), that
    is, a law that does not need the aprovement of parlemant, that will
    allow LEA's to control the tapping equiptment of ISP's remotely. The
    goal is to reduce the number of people who know about a tap. The side
    effect (or one could argue that this is in fact the intended effect)
    is that the legal system will be bypassed completely. The ISP doesn't
    know when it is tapping its customers, and cannot check the validity of
    the warrant. We will just "have to trust them".
    
    But can we? Only two months ago, the Dutch had their own version of
    "FoxNews" when the program Zembla reported that the Dutch tapping room
    is completely outsourced to a questionable Israeli company:
    
    http://www.opentap.org/zembla/   (Dutch)
    http://www.fnl.nl/ct/archief2002/ct2002-12/aftappen.htm
    http://www.opentap.org/foxnews/
    
    Comverse (sorry, Verint-systems) has to come in and fix/repair/maintain
    the digital tapping rooms very regularly. They hook up Hebrew keyboards
    and no one knows what they are doing.  An anonymous source within Comverse
    told c't magainze (www.fnl.nl/ct) that 9.1GB Sony MO disks are used:
    http://www.sony.net/Products/DataMedia/products/525MO/91GBMO.pdf And
    that they can put 240 hour of conversations on one such MO using the
    following codec: http://www.vidicode.nl/Dutch/scr_nl.htm
    
    So even if our government means well, our data apparently leaks out
    anyway. (Then again, the Wassenaar Agreement the Netherlands signed
    includes Israel anyway, so Israel could just order their own taps from our
    government anyway). But worse, the Zembla newsitem also showed that the
    police had manipulated evidence. This became painfully obvious when one
    of the "intercepted GSM phone calls" was heard pulse dailing (Remember
    those days when dialing was done with a dial?)
    
    I have long ago come to the conclusion that yes, tapping is a neccessary
    evil. We need to accomodate this. But it is of vital importance
    that tapping does NOT become an automatic system that only involves
    LEA's. There is a valid reason that LEA's don't trust LEA's. That is
    why they want to be able to tap each other, and that is the reason for
    the ETSI demand for multiple parallel invisible taps. We should not play
    their game. LEA's have their own, secret, agenda.
    
    Back to Mr. Baker,
    
    Mr Baker also mentions:
    
     > What we're doing is putting the capability in a separate image so you
     > know what you're getting when you get it. Under U.S. law, if you have
     > that ability, you could be required to use it. Our service provider
     > customers have asked us not to put it in the standard image, so that
     > they can't be forced to use it.
    
    Though this seems like a reasonable stance, let's not forget that a
    far more important argument for Cisco is that putting a tapping image
    in their Cisco's per default would cause two thirds of the worlds to no
    longer buy Cisco. This is coming dangerously close to putting "Trusted
    computing" into the router. I am sure it's trusted, but who owns the
    device? It is of vital importance that any tapping accomodating protocol
    is completely free and open, so that opensource implementations can be
    written.
    
    The solution?
    
    In the TIIT specification, there is a special function to ensure
    that the tap is still working properly. Ever 64 packets or 5 minutes,
    a cryptographical checksum is generated by the tapping box over the
    intercepted data, and also send to the LEA. This is to ensure the
    integrity of the datastream to the LEA. I believe that the ISP should
    not only be allowed, but should be forced to keep those checksums
    themselves. Those can then later on be given to the courts to determine
    any evidence tampering by the police. And it also ensures that the ISP
    will always know about a tap in his network, and will always have the
    means to check the legality of such a tap. I sincerely hope Mr. Baker
    will add something similar into his Cisco's. If he does not, ISP's
    will be prevented from checking the legality of warrants, and on top
    of it they will face a rush of LEA's taking over their Cisco's.
    
    If we are not allowed to investigate the correctness of a warrant, nor
    the proper functioning of our LEA's, then we might as well end the charade
    of the courtroom and admit that we have chosen to live in a police state.
    
    Paul Wouters
    Opentap
    
    
    
    
    -------------------------------------------------------------------------
    POLITECH -- Declan McCullagh's politics and technology mailing list
    You may redistribute this message freely if you include this notice.
    -------------------------------------------------------------------------
    To subscribe to Politech: http://www.politechbot.com/info/subscribe.html
    This message is archived at http://www.politechbot.com/
    Declan McCullagh's photographs are at http://www.mccullagh.org/
    Like Politech? Make a donation here: http://www.politechbot.com/donate/
    -------------------------------------------------------------------------
    



    This archive was generated by hypermail 2b30 : Wed Apr 23 2003 - 09:27:23 PDT