Category Archives: Legal issues

Security-related legislation, government initiatives, court cases

Resumption of the crypto wars?

Internet censorship, Legal issues, News coverage, Politics

The Telegraph and Guardian reported yesterday that the government plans to install deep packet inspection kit at ISPs, a move considered and then apparently rejected by the previous government (our Database State report last year found their Interception Modernisation Programme to be almost certainly illegal). An article in the New York Times on comparable FBI/NSA proposals makes you wonder whether policy is being coordinated between Britain and America.

In each case, the police and spooks argue that they used to have easy access to traffic data — records of who called whom and when — so now people communicate using facebook, gmail and second life rather than with phones, they should be allowed to harvest data about who wrote on your wall, what emails appeared on your gmail inbox page, and who stood next to you in second life. This data will be collected on everybody and will be available to investigators who want to map suspects’ social networks. A lot of people opposed this, including the Lib Dems, who promised to “end the storage of internet and email records without good reason” and wrote this into the Coalition Agreement. The Coalition seems set to reinterpret this now that the media are distracted by the spending review.

We were round this track before with the debate over key escrow in the 1990s. Back then, colleagues and I wrote of the risks and costs of insisting that communications services be wiretap-ready. One lesson from the period was that the agencies clung to their old business model rather than embracing all the new opportunities; they tried to remain Bletchley Park in the age of Google. Yet GCHQ people I’ve heard recently are still stuck in the pre-computer age, having learned nothing and forgotten nothing. As for the police, they can’t really cope with the forensics for the PCs, phones and other devices that fall into their hands anyway. This doesn’t bode well, either for civil liberties or for national security.

Research, public opinion and patient consent

Academic papers, Legal issues, Politics, Privacy technology

Paul Thornton has brought to my attention some research that the Department of Health published quietly at the end of 2009 (and which undermines Departmental policy).

It is the Summary of Responses to the Consultation on the Additional Uses of Patient Data undertaken following campaigning by doctors, NGOs and others about the Secondary Uses Service (SUS). SUS keeps summaries of patient care episodes, some of them anonymised, and makes them available for secondary uses; the system’s advocates talk about research, although it is heavily used for health service management, clinical audit, answering parliamentary questions and so on. Most patients are quite unaware that tens of thousands of officials have access to their records, and the Database State report we wrote last year concluded that SUS is almost certainly illegal. (Human-rights and data-protection law require that sensitive data, including health data, be shared only with the consent of the data subject or using tightly restricted statutory powers whose effects are predictable to data subjects.)

The Department of Health’s consultation shows that most people oppose the secondary use of their health records without consent. The executive summary tries to spin this a bit, but the data from the report’s body show that public opinion remains settled on the issue, as it has been since the first opinion survey in 1997. We do see some signs of increasing sophistication: now a quarter of patients don’t believe that data can be anonymised completely, versus 15% who say that sharing is “OK if anonymised” (p 23). And the views of medical researchers and NHS administrators are completely different; see for example p 41. The size of this gap suggests the issue won’t get resolved any time soon – perhaps until there’s an Alder-Hey-type incident that causes a public outcry and forces a reform of SUS.

Database state – latest!

Academic papers, Legal issues, News coverage, Politics, Security engineering

Today sees the publication of a report by Professor Trisha Greenhalgh into the Summary Care Record (SCR). There is a summary of the report in the BMJ, which also has two discussion pieces: one by Sir Mark Walport of the Wellcome Trust arguing that the future of medical records is digital, and one by me which agrees but argues that as the SCR is unsafe and unlawful, it should be abandoned.

Two weeks ago I reported here how the coalition government planned to retain the SCR, despite pre-election promises from both its constituent parties to do away with it. These promises followed our Database State report last year which demonstrated that many of the central systems built by the previous government contravened human-rights law. The government’s U-turn provoked considerable anger among doctors. NGOs and backbench MPs, prompting health minister Simon Burns to promise a review.

Professor Greenhalgh’s review, which was in fact completed before the election, finds that the SCR fails to do what it was supposed to. It isn’t used much; it doesn’t fit in with how doctors and nurses actually work; it doesn’t make consultations shorter but longer; and the project was extremely badly managed. In fact, her report should be read by all serious students of software engineering; like the London Ambulance Service report almost twenty years ago, this document sets out in great detail what not to do.

For now, there is some press coverage in the Telegraph, the Mail, E-health Insider and Computerworld UK.

A very rapid betrayal

Legal issues, News coverage, Politics

The coalition Government plans to keep the Summary Care Record, despite pre-election pledges by both the Conservatives and the Liberal Democrats to rip up the system – which is not compliant with the I v Finland judgement of the European Court of Human Rights.

Last year colleagues and I wrote Database State, a report for the Joseph Rowntree Reform Trust, which studied 46 systems that keep information on all of us, or at least a significant minority of us. We concluded that eleven of them were almost certainly illegal under human-rights law, and most of the rest had problems. Our report was well received by both Conservatives and Lib Dems; many of its recommendations were adopted as policy.

Old-timers may recall that back in 1996-7, many of us geeks supported New Labour enthusiastically, as Blair promised not to introduce key escrow. It took him almost a year to renege on that promise; it has taken the coalition less than a month.

Blair’s U-turn on key escrow in 1998 led to the establishment of FIPR, and a two-year fight against what became the RIP Act (where at least we limited escrow to the powers in part 3). What’s the appropriate response now to Cameron and Clegg?

It’s inconceivable that assurances given to farmers, or to soldiers, or to teachers would be tossed aside so casually. Yet half a million of us earn our living in IT in Britain – there’s a lot more of us than of any of them! And many people in other jobs care about privacy, copyright, and other digital issues. So do those of us who care about digital policy have to become more militant? Or do we have to raise money and bribe the ruling parties? Or, now that all three major parties are compromised, should we downgrade our hopes for parliament and operate through the courts and through Europe instead?

Digital Activism Decoded: The New Mechanics of Change

Internet censorship, Legal issues, Politics, Privacy technology, Social networks

The book “Digital Activism Decoded: The New Mechanics of Change” is one of the first on the topic of digital activism. It discusses how digital technologies as diverse as the Internet, USB thumb-drives, and mobile phones, are changing the nature of contemporary activism.

Each of the chapters offers a different perspective on the field. For example, Brannon Cullum investigates the use of mobile phones (e.g. SMS, voice and photo messaging) in activism, a technology often overlooked but increasingly important in countries with low ratios of personal computer ownership and poor Internet connectivity. Dave Karpf considers how to measure the success of digital activism campaigns, given the huge variety of (potentially misleading) metrics available such as page impression and number of followers on Twitter. The editor, Mary Joyce, then ties each of these threads together, identifying the common factors between the disparate techniques for digital activism, and discussing future directions.

My chapter “Destructive Activism: The Double-Edged Sword of Digital Tactics” shows how the positive activism techniques promoted throughout the rest of the book can also be used for harm. Just as digital tools can facilitate communication and create information, they can also be used to block and destroy. I give some examples where these events have occurred, and how the technology to carry out these actions came to be created and deployed. Of course, activism is by its very nature controversial, and so is where to draw the line between positive and negative actions. So my chapter concludes with a discussion of the ethical frameworks used when considering the merits of activism tactics.

Digital Activism Decoded, published by iDebate Press, is now available for download, and can be pre-ordered from Amazon UK or Amazon US (available June 30th now).

Update (2010-06-17): Amazon now have the book in stock at both their UK and US stores.

Digital Activism Decoded

An old scam still works

Academic papers, Banking security, Legal issues, News coverage

In the very first paper I wrote on ATM fraud, Why Cryptosystems Fail, the very first example I gave of a fraud came from the case R v Moon at Hastings Crown Court in February 1992. Mr Moon was a teller at the TSB who noticed that address changes weren’t audited. He found a customer with over £10,000 in her account, changed her address to his, issued a card and pin, and changed the address back. He looted her account and when she complained, she wasn’t believed.

It’s still happening, most recently to a customer of the Abbey. Bank insider issues extra card, steals money, customer blamed – after all, chip and pin is infallible, isn’t it? Expecting banks to keep decent logs might be too much; and I supppose it’s way too much to expect bank fraud staff to read the research literature on their subject.

Erasing David

Legal issues, News coverage, Politics

Last night’s documentary Erasing David shows how private eyes tracked down a target by making false pretext telephone calls to the NHS. By pretending to be him they found out when he and his wife were due to attend an ante-natal clinic, and ambushed him as he came out.

The NHS has form on this. Back in 1995 the BMA got me to draw up guidelines for dealing with phone calls; they appeared in the BMJ on Jan 13 1996. When staff at the N Yorks Health Authority were trained to follow these guidelines, they found 30 false-pretext calls a week. When the BMA reported this to the Chief Medical Officer and asked him to implement the protocol throughout the NHS, he was furious at our interference in “his” admninistrative procedures. The NYHA was ordered to stop. I told the story in my book.

I have long considered it unacceptable for the NHS to continue to ignore operational security. The new electronic record systems at a number of hospitals give receptionists access not just to appointment details but to clinical data too. So things are significantly worse than in 1996, and new national systems such as the SCR will compound the problem. The next secretary of state needs to get his act together.

How to get money back from a bank

Banking security, Legal issues, Politics, Security economics

I’ve written enough over the years about people who tried and failed to get money back from banks after seeing transactions on their accounts that they did not recognise. Now I’ve had to go through the process myself.

I got a refund from the NatWest after a dodgy debit appeared on the credit card my wife uses. The bank’s dispute resolution mechanism turned out to be unserviceable, but we got the money back promptly when we sued them in the small claims court. The story is, I believe, an instructive one for people interested in bank security or payment systems regulation.

Continue reading How to get money back from a bank →

Ineffective self-blocking by the National Enquirer

Internet censorship, Legal issues, News coverage, Politics

It used to be simple to explain how browsing works. You type a link into the browser, the browser asks a DNS server at your ISP to translate the human-friendly hostname into the IP address of the web server, and then the browser contacts the server with an HTTP request requesting the page that you want to view.

It’s not quite that simple any more — which is rather bad news for the National Enquirer, the US tabloid which decided, three years or so ago, following a brush with the UK libel laws, that it would not publish a UK edition, or allow visits to its website from the UK. Unfortunately, the Enquirer’s blocking is no longer working as effectively as it used to.

Continue reading Ineffective self-blocking by the National Enquirer →

Panorama looks at unlawful filesharing

Internet censorship, Legal issues, News coverage, Politics

Last night’s Panorama looked at the issue of unlawful filesharing and the proposals within the Digital Economy Bill that the UK Government thinks will deal with it.

The Open Rights Group has criticised the programme for spending too long examing the differences of opinion among music makers, and too little time talking about rights — perhaps that’s an inevitable side effect for fronting the programme with Jo Whiley, a Radio One DJ. This probably increased the audience amongst the under-30s who do a great deal of the file sharing; and for whom this may be the first time that they’ve had the bill’s proposals explained to them. So lose some, win some!

The programme had a number of stunts : they slowed down the broadband of a student household (not only was their MP3 going to take 13 weeks to download, they found they couldn’t effectively look at their email). They got a digital forensics expert to look at a family’s computers, finding copies of LimeWire (tricky stuff forensics!) and portraying this as a smoking gun for unlawfulness. The same expert camped outside the student house and piggybacked on their WiFi (apparently by employing a default password on their broadband router to authorise themselves to have access).

You can also see yours truly:
Richard Clayton on Panorama
demonstrating an anonymity network (it was in fact Tor, but I’d done a little tweaking to ensure that its standard discouragement of file sharing activity didn’t have any impact) : and showing that a Bit Torrent tracker stopped recording me as being in Cambridge, but placed me at the Tor exit node in Germany instead.

I argued that as soon as large numbers of people were getting in trouble for file sharing because they were traceable — then they wouldn’t stop file sharing, but they would stop being traceable.

All in all, within the limitations of a 30-minute prime-time main-channel show, I think the Panorama team provided a good introduction to a complex topic. You can judge for yourself (from within the UK) for the next 7 days on the BBC iPlayer, or in three parts on YouTube (I’m two minutes into part 3, at least until a web blocking injunction bars your access to what might well be an infringement of copyright).