<div dir="ltr">the transcript seems very long, so perhaps the video with the link for more ?</div><div class="gmail_extra"><br><br><div class="gmail_quote">On Tue, Aug 12, 2014 at 4:05 PM, Stacco Troncoso <span dir="ltr"><<a href="mailto:staccotroncoso@gmail.com" target="_blank">staccotroncoso@gmail.com</a>></span> wrote:<br>
<blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex"><div dir="ltr">I'll try and watch the vid (got a few queued up actually, but we've had router problems and YOutube isn't behavng right) I guess we could post vid + transcript, right?<div>
<br></div><div><a href="http://youtu.be/nT-TGvYOBpI" target="_blank">http://youtu.be/nT-TGvYOBpI</a><br>
</div></div><div class="gmail_extra"><br><br><div class="gmail_quote">On Tue, Aug 12, 2014 at 10:49 AM, Michel Bauwens <span dir="ltr"><<a href="mailto:michel@p2pfoundation.net" target="_blank">michel@p2pfoundation.net</a>></span> wrote:<br>
<blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex"><div dir="ltr">if you have time, thanks for checking if this is worthwhile mention for us, dear Stacco<br><br><div class="gmail_quote">
---------- Forwarded message ----------<br>From: <b class="gmail_sendername">Orsan Senalp</b> <span dir="ltr"><<a href="mailto:orsan1234@gmail.com" target="_blank">orsan1234@gmail.com</a>></span><br>
Date: Wed, Aug 13, 2014 at 3:11 PM<br>Subject: [Networkedlabour] Fwd: Re: <nettime> algorithmic regulation [+ [RISKS] Risks Digest 28.15]<br>To: "<<a href="mailto:networkedlabour@lists.contrast.org" target="_blank">networkedlabour@lists.contrast.org</a>>" <<a href="mailto:networkedlabour@lists.contrast.org" target="_blank">networkedlabour@lists.contrast.org</a>><br>
<br><br>
<div text="#000000" bgcolor="#FFFFFF">
Difficult to follow it at all, but the extent I got it allows me to
project better on the scary implications for socialisation and
control of labour and civil society but also possibilities for
emancipation, today and in the future. In that sense worth to share
the below talk by Dan Geer:<br>
<br>
Orsan <br>
<div><br>
<br>
-------- Origineel bericht --------
<table border="0" cellpadding="0" cellspacing="0">
<tbody>
<tr>
<th valign="BASELINE" align="RIGHT" nowrap>Onderwerp:
</th>
<td>Re: <nettime> algorithmic regulation [+ [RISKS]
Risks Digest 28.15]</td>
</tr>
<tr>
<th valign="BASELINE" align="RIGHT" nowrap>Opnieuw-verstuurd-datum:
</th>
<td>Tue, 12 Aug 2014 08:03:52 +0200</td>
</tr>
<tr>
<th valign="BASELINE" align="RIGHT" nowrap>Opnieuw-verstuurd-door:
</th>
<td><a href="mailto:nettime@kein.org" target="_blank">nettime@kein.org</a></td>
</tr>
<tr>
<th valign="BASELINE" align="RIGHT" nowrap>Opnieuw-verstuurd-naar:
</th>
<td>Nettime <a href="mailto:nettime-l@kein.org" target="_blank"><nettime-l@kein.org></a></td>
</tr>
<tr>
<th valign="BASELINE" align="RIGHT" nowrap>Datum: </th>
<td>Tue, 12 Aug 2014 01:44:18 -0400</td>
</tr>
<tr>
<th valign="BASELINE" align="RIGHT" nowrap>Van: </th>
<td>t byfield <a href="mailto:tbyfield@panix.com" target="_blank"><tbyfield@panix.com></a></td>
</tr>
<tr>
<th valign="BASELINE" align="RIGHT" nowrap>Aan: </th>
<td>Nettime-l <a href="mailto:nettime-l@kein.org" target="_blank"><nettime-l@kein.org></a></td>
</tr>
</tbody>
</table>
<br>
<br>
<pre>On 11 Aug 2014, at 7:10, <a href="mailto:dan@geer.org" target="_blank">dan@geer.org</a> wrote:
> I was the keynote speaker at Black Hat last week, and while
> preparing the talk (*) read up a bit on the (new to me) term
> of art "algorithmic regulation." That term and the concept
> behind it seem to be on-topic for this list. A bit of Google
> and you'll have lots to read; more to the point, I suspect
> there are folks here already well read on it who might say
> something now.
Dan, you might want to take a look at the Governing Algorithms
conference that was held at NYU last May:
        <a href="http://governingalgorithms.org/" target="_blank">http://governingalgorithms.org/</a>
Several of the videos are blocked Vimeo privacy error pages, but you can
see them on Vimeo's own site. A mistake, probably, but no less ironic
for it
One of the speakers, Frank Pasquale, has a book coming out, _The Black
Box Society: The Secret Algorithms That Control Money and Information_.
        <a href="http://www.hup.harvard.edu/catalog.php?isbn=9780674368279" target="_blank">http://www.hup.harvard.edu/catalog.php?isbn=9780674368279</a>
I'm not sure why Harvard UP is hyping it blockbustery tones ("exposes
how powerful interests abuse secrecy for profit and explains ways to
rein them in").
I appreciate your modest mention of your Black Hat talk, but I'm
forwarding the complete text (below) to nettime because, pound for
pound, it's one of the best things I've *ever* read on this ~subject. I
could quibble with some aspects of it (e.g., some of what you say about
the state), but -- oddly enough for a talk that places so much emphasis
on Realpolitik -- those statements don't seem essential to your main
analysis or arguments.
(I've reformatted the RISKS mail below, slightly.)
Cheers,
T
----- Forwarded
Forwarded message:
From: RISKS List Owner <a href="mailto:risko@csl.sri.com" target="_blank"><risko@csl.sri.com></a>
To: <a href="mailto:risks-resend@csl.sri.com" target="_blank">risks-resend@csl.sri.com</a>
Subject: [RISKS] Risks Digest 28.15
Date: Mon, 11 Aug 2014 17:38:05 PDT
        Date: Thu, 07 Aug 2014 23:00:36 -0400
        From: Dan Geer <a href="mailto:dan@geer.org" target="_blank"><dan@geer.org></a>
        Subject: Cybersecurity as Realpolitik (Black Hat keynote)
My keynote at Black Hat yesterday. [PGN reformatted, otherwise complete.]
        Dan Geer, Cybersecurity as Realpolitik, Black Hat USA, 6 Aug 2014
        <a href="http://geer.tinho.net/geer.blackhat.6viii14.txt" target="_blank">http://geer.tinho.net/geer.blackhat.6viii14.txt</a>
        <a href="https://www.youtube.com/watch?v=nT-TGvYOBpI" target="_blank">https://www.youtube.com/watch?v=nT-TGvYOBpI</a>
Cybersecurity as Realpolitik
Dan Geer
Good morning and thank you for the invitation to speak with you
today. The plaintext of this talk has been made available to the
organizers. While I will not be taking questions today, you are
welcome to contact me later and I will do what I can to reply. For
simple clarity, let me repeat the abstract for this talk:
        Power exists to be used. Some wish for cyber safety, which they
        will not get. Others wish for cyber order, which they will not
        get. Some have the eye to discern cyber policies that are "the
        least worst thing;" may they fill the vacuum of wishful thinking.
There are three professions that beat their practitioners into a state of
humility: farming, weather forecasting, and cyber security. I practice two
of those, and, as such, let me assure you that the recommendations which
follow are presented in all humility. Humility does not mean timidity.
Rather, it means that when a strongly held belief is proven wrong, that the
humble person changes their mind. I expect that my proposals will result in
considerable push-back, and changing my mind may well follow. Though I will
say it again later, this speech is me talking for myself.
As if it needed saying, cyber security is now a riveting concern, a top
issue in many venues more important than this one. This is not to insult
Black Hat; rather it is to note that every speaker, every writer, every
practitioner in the field of cyber security who has wished that its topic,
and us with it, were taken seriously has gotten their wish. Cyber security
*is* being taken seriously, which, as you well know is not the same as being
taken usefully, coherently, or lastingly. Whether we are talking about laws
like the Digital Millenium Copyright Act or the Computer Fraud and Abuse
Act, or the non-lawmaking but perhaps even more significant actions that the
Executive agencies are undertaking, "we" and the cyber security issue have
never been more at the forefront of policy. And you ain't seen nothing yet.
I wish that I could tell you that it is still possible for one person to
hold the big picture firmly in their mind's eye, to track everything
important that is going on in our field, to make few if any sins of
omission. It is not possible; that phase passed sometime in the last six
years. I have certainly tried to keep up but I would be less than candid if
I were not to say that I know that I am not keeping up, not even keeping up
with what is going on in my own country much less all countries. Not only
has cybersecurity reached the highest levels of attention, it has spread
into nearly every corner. If area is the product of height and width, then
the footprint of cybersecurity has surpassed the grasp of any one of us.
The rate of technological change is certainly a part of it. When younger
people ask my advice on what they should do or study to make a career in
cyber security, I can only advise specialization. Those of us who were in
the game early enough and who have managed to retain an over-arching
generalist knowledge can't be replaced very easily because while absorbing
most new information most of the time may have been possible when we began
practice, no person starting from scratch can do that now. Serial
specialization is now all that can be done in any practical way. Just
looking at the Black Hat program will confirm that being really good at any
one of the many topics presented here all but requires shutting out the
demands of being good at any others.
Why does that matter? Speaking for myself, I am not interested in the
advantages or disadvantages of some bit of technology unless I can grasp how
it is that that technology works. Whenever I see marketing material that
tells me all the good things that adopting this or that technology makes
possible, I remember what George Santayana said, that "Scepticism is the
chastity of the intellect; it is shameful to give it up too soon, or to the
first comer." I suspect that a majority of you have similar skepticism --
"It's magic!" is not the answer a security person will ever accept. By and
large, I can tell *what* something is good for once I know *how* it works.
Tell me how it works and then, but only then, tell me why you have chosen to
use those particular mechanisms for the things you have chosen to use them
for.
Part of my feeling stems from a long-held and well-substantiated belief that
all cyber security technology is dual use. Perhaps dual use is a truism for
any and all tools from the scalpel to the hammer to the gas can -- they can
be used for good or ill -- but I know that dual use is inherent in cyber
security tools. If your definition of "tool" is wide enough, I suggest that
the cyber security tool-set favors offense these days. Chris Inglis,
recently retired NSA Deputy Director, remarked that if we were to score
cyber the way we score soccer, the tally would be 462-456 twenty minutes
into the game,[CI] i.e., all offense. I will take his comment as confirming
at the highest level not only the dual use nature of cybersecurity but also
confirming that offense is where the innovations that only States can afford
is going on.
Nevertheless, this essay is an outgrowth from, an extension of, that
increasing importance of cybersecurity. With the humility of which I spoke,
I do not claim that I have the last word. What I do claim is that when we
speak about cybersecurity policy we are no longer engaging in some sort of
parlor game. I claim that policy matters are now the most important
matters, that once a topic area, like cybersecurity, becomes interlaced with
nearly every aspect of life for nearly everybody, the outcome differential
between good policies and bad policies broadens, and the ease of finding
answers falls. As H.L. Mencken so trenchantly put it, "For every complex
problem there is a solution that is clear, simple, and wrong."
The four verities of government are these:
        . Most important ideas are unappealing.
        . Most appealing ideas are unimportant.
        . Not every problem has a good solution.
        . Every solution has side effects.
This quartet of verities certainly applies to the interplay between
cybersecurity and the affairs of daily living. Over my lifetime the public
expectation of what government can and should do has spectacularly broadened
from guaranteeing that you may engage in the "pursuit of happiness" to
guaranteeing happiness in and of itself. The central dynamic internal to
government is, and always has been, that the only way for either the
Executive or the Legislature to control the many sub-units of government is
by way of how much money they can hand out. Guaranteeing happiness has the
same dynamic -- that the only tool government really has to achieve the
outcome of everyone happy or everyone healthy or everyone safe at all times
from things that go bump in the night is through the dispensing of money.
This is true in foreign policy; one can reasonably argue that the United
States' 2007 troop "surge" in Iraq did provide an improvement in safety.
One can also argue that the work of those troops, some of whom gave what
Abraham Lincoln called "the last full measure of devotion," was materially
aided by the less publicized arrival of C-130s full of $100 bills with which
to buy off potential combatants. Why should cybersecurity be any different?
Suppose, however, that surveillance becomes too cheap to meter, that is to
say too cheap to limit through budgetary processes. Does that lessen the
power of the Legislature more, or the power of the Executive more? I think
that ever-cheaper surveillance substantially changes the balance of power in
favor of the Executive and away from the Legislature. While President Obama
was referring to something else when he said "I've Got A Pen And I've Got A
Phone," he was speaking to exactly this idea -- things that need no
appropriations are outside the system of checks and balances. Is the
ever-wider deployment of sensors in the name of cybersecurity actually
contributing to our safety? Or is it destroying our safety in order to save
it?
To be entirely clear by way of repetition, this essay is written by someone
as his own opinion and not on behalf of anyone else. It is written without
the supposed benefits of insider information; I hold no Clearance but am
instead informed solely by way of open source intelligence. This path may
be poised to grow easier; if the chief benefit of having a Clearance is to
be able to see into the future a little further than those without one, then
it must follow that as the pace of change accelerates the difference between
how far can you see with a Clearance versus how far can you see without one
will shrink.
There are, in other words, parallels between cybersecurity and the
intelligence functions insofar as predicting the future has a strong role to
play in preparing your defenses for probable attacks. As Dave Aitel has
repeatedly pointed out, the hardest part of crafting good attack tools is
testing them before deployment. Knowing what your tool will find, and how
to cope with that, is surely harder than finding an exploitable flaw in and
of itself. This, too, may grow in importance if the rigor of testing causes
attackers to use some portion of the Internet at large as their test
platform rather than whatever rig they can afford to set up in their own
shop. If that is the case, then full scale traffic logs become an
indispensable intelligence tool insofar as when an attack appears to be de
novo those with full scale traffic logs may be in a position to answer the
question "How long has this been going on?" The company Net Witness, now
part of EMC, is one player who comes to mind in this regard, and there are
others. This idea of looking backward for evidence that you didn't
previously know enough to look for does certainly have intelligence value
both for the Nation State and for the enterprise.
And there is a lot of traffic that we don't have a handle on. John
Quarterman of Internet Perils makes a round number guess that 10% of
Internet backbone traffic is unidentifiable as to protocol.[JQ] Whether he
is off by a factor of two in either direction, that is still a lot of
traffic. Arbor Networks estimates that perhaps 2% of all *identifiable*
backbone traffic is, to use their term, "raw sewage."[AN] There are plenty
of other estimates of this sort, of course. To my way of thinking, all such
estimates continue to remind us that the end-to-end design of the
Internet[SRC] was not some failure of design intellect but a brilliant
avoidance of having to pick between the pitiful toy a completely safe
Internet would have to be versus an Internet that was the ultimate tool of
State control. In nothing else is it more apt to say that our choices are
Freedom, Security, Convenience -- Choose Two.
Let me now turn to some policy proposals on a suite of pressing current
topics. None of these proposals are fully formed, but as you know, those
who don't play the game don't make the rules. These proposals are not in
priority order, though some are more at odds with current practice than
others and might, therefore, be said to be more pressing. There are more
where these came from, but this talk has a time limit, and there is a
meta-analysis at the end.
1. Mandatory reporting -- YES/Tiered
The United States Centers for Disease Control are respected the world
around. When you really get down to it, three capabilities describe the CDC
and why they are as effective as they are: (1) mandatory reporting of
communicable diseases, (2) stored data and the data analytic skill to
distinguish a statistical anomaly from an outbreak, and (3) away teams to
take charge of, say, the appearance of Ebola in Miami. Everything else is
details. The most fundamental of these is the mandatory reporting of
communicable diseases.
At the same time, we have well established rules about medical privacy.
Those rules are helpful; when you check into the hospital there is a
licensure-enforced, accountability-based, need-to-know regime that governs
the handling of your data.[PHI] Most days, that is, but if you check in with
Bubonic Plague or Typhus or Anthrax, you will have zero privacy as those are
the "mandatory reporting of communicable disease conditions" as variously
mandated not just by the CDC but by public health law in all fifty States.
So let me ask you, would it make sense, in a public health of the Internet
way, to have a mandatory reporting regime for cybersecurity failures? Do
you favor having to report cyber penetrations of your firm or of your
household to some branch of government or some non-government entity?
Should you face criminal charges if you fail to make such a report?
Forty-eight States vigorously penalize failure to report sexual molestation
of children.[SMC] The (US) Computer Fraud and Abuse Act[CFAA] defines a
number of felonies related to computer penetrations, and the U.S. Code says
that it is a crime to fail to report a felony of which you have
knowledge.[USC] Is cybersecurity event data the kind of data around which
you want to enforce mandatory reporting? Forty-six States require mandatory
reporting of one class of cyber failures in the form of their data breach
laws,[CSB] while the Verizon Data Breach Investigations Report[VDB] found,
and the Index of Cyber Security[ICS] confirmed, that 70-80% of data breaches
are discovered by unrelated third parties, not by the victim, meaning that
the victim might never know if those who do the discovering were to keep
quiet. If you discover a cyber attack, do you have an ethical obligation to
report it? Should the law mandate that you fulfill such an obligation?
My answer to this set of questions is to mirror the CDC, that is for the
force of law to require reporting of cybersecurity failures that are above
some severity threshold that we have yet to negotiate. Below that
threshold, I endorse the suggestion made in a piece two weeks ago,
"Surviving on a Diet of Poisoned Fruit," by Richard Danzig where he made
this policy proposal:[RD]
        Fund a data collection consortium that will illuminate the
        character and magnitude of cyber attacks against the U.S. private
        sector, using the model of voluntary reporting of near-miss
        incidents in aviation. Use this enterprise as well to help
        develop common terminology and metrics about cybersecurity.
        
        While regulatory requirements for aviation accident reporting are
        firmly established through the National Transportation Safety
        Board, there are no requirements for reporting the vastly more
        numerous and often no less informative near misses. Efforts to
        establish such requirements inevitably generate resistance:
        Airlines would not welcome more regulation and fear the
        reputational and perhaps legal consequences of data visibility;
        moreover, near accidents are intrinsically more ambiguous than
        accidents. An alternative path was forged in 2007 when MITRE, a
        government contractor, established an Aviation Safety Information
        Analysis and Sharing (ASIAS) system receiving near-miss data and
        providing anonymized safety, benchmarking and proposed
        improvement reports to a small number of initially participating
        airlines and the Federal Aviation Administration (FAA).
Today, 44 airlines participate in that program voluntarily. The combination
of a mandatory CDC model for above-threshold cyber events and a voluntary
ASIAS model for below-threshold events is what I recommend. This leaves a
great deal of thinking still to be done; diseases are treated by
professionals, but malware infections are treated by amateurs. Diseases
spread within jurisdictions before they become global, but malware is global
from the get-go. Diseases have predictable behaviors, but malware comes
from sentient opponents. Don't think this proposal is an easy one or one
without side effects.
2. Net neutrality -- CHOICE
There is considerable irony in the Federal Communications Commission
classifying the Internet as an information service and not as a
communications service insofar as while that may have been a gambit to
relieve ISPs of telephone-era regulation, the value of the Internet is ever
more the bits it carries, not the carriage of those bits. The FCC decisions
are both several and now old, the FCC classified cable as an information
service in 2002, classified DSL as an information service in 2005,
classified wireless broadband as an information service in 2007, and
classified broadband over power lines as an information service in 2008. A
decision by the D.C. Circuit Court of Appeals on this very point appeared
earlier this year,[VZF] but settled little. The question remains, is the
Internet a telecommunications service or an information service?
I've nothing new to say to you about the facts, the near-facts, nor the
lying distortions inherent in the debate regarding network neutrality so far
or still to come. What I can say is that network neutrality is no panacea
nor is it anathema; peoples' tastes vary and so do corporations'. What I
can say is that the varied tastes need to be reflected in constrained choice
rather than the idea that the FTC or some other agency can assure happiness
if and only if it, rather than corporations or individuals, does the
choosing. Channeling for Doctor Seuss, if I ran the zoo I'd call up the
ISPs and say this:
        Hello, Uncle Sam here.
        
        You can charge whatever you like based on the contents of what
        you are carrying, but you are responsible for that content if it
        is hurtful; inspecting brings with it a responsibility for what
        you learn. -or- You can enjoy common carrier protections at all
        times, but you can neither inspect nor act on the contents of
        what you are carrying and can only charge for carriage itself.
        Bits are bits.
        
        Choose wisely. No refunds or exchanges at this window.
In other words, ISPs get the one or the other; they do not get both. The
FCC gets some heartache but also a natural experiment in whether those who
choose common carrier status turn out differently than those who choose
multi-tiered service grades with liability exposure. We already have a lot
of precedent and law in this space. The United States Postal Service's term
of art, "sealed against inspection," is reserved for items on which the
highest postage rates are charged; is that also worth stirring into the mix?
As a side comment, I might add that it was in Seuss' book *If I Ran the Zoo*
that the word "nerd" first appeared in English. If Black Hat doesn't yet
have an official book, I'd suggest this one.
3. Source code liability -- CHOICE
Nat Howard said that "Security will always be exactly as bad as it can
possibly be while allowing everything to still function,"[NH] but with each
passing day, that "and still function" clause requires a higher standard.
As Ken Thompson told us in his Turing Award lecture, there is no technical
escape;[KT] in strict mathematical terms you neither trust a program nor a
house unless you created it 100% yourself, but in reality most of us will
trust a house built by a suitably skilled professional, usually we will
trust it more than one we had built ourselves, and this even if we have
never met the builder, or even if he is long since dead.
The reason for this trust is that shoddy building work has had that crucial
"or else ..." clause for more than 3700 years:
        If a builder builds a house for someone, and does not construct
        it properly, and the house which he built falls in and kills its
        owner, then the builder shall be put to death. -- Code of
        Hammurabi, approx 1750 B.C.
Today the relevant legal concept is "product liability" and the fundamental
formula is "If you make money selling something, then you better do it well,
or you will be held responsible for the trouble it causes." For better or
poorer, the only two products not covered by product liability today are
religion and software, and software should not escape for much longer.
Poul-Henning Kamp and I have a strawman proposal for how software liability
regulation could be structured.
.......................
0. Consult criminal code to see if damage caused was due to intent
or willfulness.
.......................
We are only trying to assign liability for unintentionally caused damage,
whether that's sloppy coding, insufficient testing, cost cutting, incomplete
documentation, or just plain incompetence. Clause zero moves any kind of
intentionally inflicted damage out of scope. That is for your criminal code
to deal with, and most already do.
.......................
1. If you deliver your software with complete and buildable source
code and a license that allows disabling any functionality or
code the licensee decides, your liability is limited to a refund.
.......................
Clause one is how to avoid liability: Make it possible for your users to
inspect and chop out any and all bits of your software they do not trust or
want to run. That includes a bill of materials ("Library ABC comes from
XYZ") so that trust has some basis, paralleling why there are ingredient
lists on processed foods.
The word "disabling" is chosen very carefully: You do not need to give
permission to change or modify how the program works, only to disable the
parts of it that the licensee does not want or trust. Liability is limited
even if the licensee never actually looks at the source code; as long has he
has received it, you (as maker) are off the hook. All your other copyrights
are still yours to control, and your license can contain any language and
restriction you care for, leaving the situation unchanged with respect to
hardware-locking, confidentiality, secrets, software piracy, magic numbers,
etc.
Free and Open Source Software (FOSS) is obviously covered by this clause
which leaves its situation unchanged.
.......................
2. In any other case, you are liable for whatever damage your
software causes when it is used normally.
.......................
If you do not want to accept the information sharing in Clause 1, you fall
under Clause 2, and must live with normal product liability, just like
manufactures of cars, blenders, chain-saws and hot coffee.
How dire the consequences, and what constitutes "used normally" is
for your legislature and courts to decide, but let us put up a
strawman example:
        A sales-person from one of your long time vendors visits and
        delivers new product documentation on a USB key, you plug the USB
        key into your computer and copy the files onto the computer.
This is "used normally" and it should never cause your computer to become
part of a botnet, transmit your credit card number to Elbonia, or copy all
your design documents to the vendor. If it does, your computer's operating
system is defective.
The majority of today's commercial software would fall under Clause 2 and
software houses need a reasonable chance to clean up their act or to move
under Clause 1, so a sunrise period is required. But no longer than five
years -- we are trying to solve a dire computer security problem here.
And that is it really: Either software houses deliver quality and back it up
with product liability, or they will have to let their users protect
themselves. The current situation -- users can't see whether they need to
protect themselves and have no recourse to being unprotected -- cannot go
on. We prefer self-protection (and fast recovery), but other's mileage may
differ.
Would it work? In the long run, absolutely yes. In the short run, it is
pretty certain that there will be some nasty surprises as badly constructed
source code gets a wider airing. The FOSS community will, in parallel, have
to be clear about the level of care they have taken, and their build
environments as well as their source code will have to be kept available
indefinitely.
The software houses will yell bloody murder the minute legislation like this
is introduced, and any pundit and lobbyist they can afford will spew their
dire predictions that "This law will mean the end of computing as we know
it!"
To which our considered answer will be:
        
        Yes, please! That was exactly the idea.
4. Strike back -- LIMITED YES
I suspect that a fair number of you have, in fact, struck back at some
attacker somewhere or, at least, done targeting research even if you didn't
pull the trigger. I'd trust many of you to identify targets carefully
enough to minimize collateral damage, but what we are talking about here is
the cyber equivalent of the smart bomb. As I implied earlier, cyber smart
bombs are what the national laboratories of several countries are furiously
working on. In that sense, you do know what is happening behind the
curtain, and you know how hard that targeting really is because you know how
hard attribution -- real attribution -- really is.
The issue is shared infrastructure, and that issue is not going away. There
are some entities that can operate globally and strike back effectively,
Microsoft and the FBI teaming up on the GameOver Zeus trojan for
example,[GOZ] but that's an expensive therapy in limited supply that can
only be applied to the most damaging malware. Nevertheless, that is the
therapy we have. Smaller entities cannot act globally nor can they act in
certain ways without pairing with national agencies. That can, and must, go
on, but I don't see how the individual or the smaller entity can shoot back.
All I see is for the individual or the smaller entity to put all their
effort into having fast recovery.
5. Fall backs and resiliency -- TOO COMPLICATED FOR ONE POLICY
There has always been a lot of talk about what to do when failure is
unacceptable and yet failure is inevitable. Heretofore, almost anything
that has come to be seen as essential to the public gets some sort of
performance standard imposed upon it, electricity and water, say. But let's
talk about software.
For one example, a commonly voiced desire for cryptographic protocols is
"algorithm agility," the ability to swap from one cryptographic algorithm to
another if and when the first one becomes unsafe. The security benefit of
such a swap is not what you turn on but what you turn off. For that to be
possible, a second algorithm has to already be in place, but that means that
the second algorithm had to be designed in at the outset and at both ends,
with a way to choose between them such that either end of the proposed
connection can force a change-over to the alternate algorithm. One might
argue that implementing algorithm agility actually means a single, more
complex algorithm. Or maybe what you want is two algorithms where you
always use both, such as when you encrypt with one algorithm and
super-encrypt with another so that the failure of one has no practical
effect on security and nothing has to change.
I say all that just to demonstrate that it is not always simple to have a
pre-deployed fallback should something break, that design willpower alone is
not enough. So perhaps mandating pre-deployed fallbacks is a bad idea
entirely. Perhaps what is needed is a way to reach out and upgrade the
endpoints when the time of necessity comes. But today, or real soon now,
most of the places needing a remote management interface through which you
can remotely upgrade the endpoints are embedded hardware. So let me ask a
question, should or should not an embedded system be required to have a
remote management interface? If it does not, then a late discovered flaw
cannot be fixed without visiting all the embedded systems -- which is likely
to be infeasible because some you will be unable to find, some will be where
you cannot again go, and there will be too many of them in any case. If it
does have a remote management interface, the opponent of skill will focus on
that and, once a break is achieved, will use those self-same management
functions to ensure that not only does he retain control over the long
interval but, as well, you will be unlikely to know that he is there.
Perhaps what is needed is for embedded systems to be more like humans, and I
most assuredly do not mean artificially intelligent. By "more like humans"
I mean this: Embedded systems, if having no remote management interface and
thus out of reach, are a life form and as the purpose of life is to end, an
embedded system without a remote management interface must be so designed as
to be certain to die no later than some fixed time. Conversely, an embedded
system with a remote management interface must be sufficiently
self-protecting that it is capable of refusing a command. Inevitable death
and purposive resistance are two aspects of the human condition we need to
replicate, not somehow imagine that to overcome them is to improve the
future.
Lest some of you think this is all so much picayune, tendentious, academic
perfectionist posturing, let me inform some of you and remind the others
that it is entirely possible to deny the Internet to a large fraction of its
users. Home routers have drivers and operating systems that are binary
blobs amounting to snapshots of the state of Linux plus the lowest end
commodity chips that were extant at the time of the router's design. Linux
has moved on. Device drivers have moved on. Samba has moved on. Chipsets
have moved on. But what is sold at Best Buy or the like is remarkably cheap
and remarkably old. With certainty born of long engineering experience, I
assert that those manufacturers can no longer build their deployed software
blobs from source. If, as my colleague Jim Gettys has laboriously measured,
the average age of the code base on those ubiquitous low-end routers is 4-5
years,[JG] then you can be assured that the CVE catalog lists numerous
methods of attacking those operating systems and device drivers
remotely.[CV] If I can commandeer them remotely, then I can build a botnet
that is on the *outside* of the home network. It need not ever put a single
packet through the firewall, it need never be detectible by any means
whatsoever from the interior of the network it serves, but it is most
assuredly a latent weapon, one that can be staged to whatever level of
prevalence I desire before I ask it to do more. All I need is to include in
my exploit a way to signal that device to do three things: stop processing
anything it henceforth receives, start flooding the network with a broadcast
signal that causes other peers to do the same, and zero the on-board
firmware thus preventing reboot for all time. Now the only way to recover
is to unplug all the devices, throw them in the dumpster, and install new
ones -- but aren't the new ones likely to have the same kind of
vulnerability spectrum in CVE that made this possible in the first place?
Of course they do, so this is not a quick trip to the big box store but
rather flushing the entire design space and pipeline inventory of every
maker of home routers. There appears to be an event at DefCon around this
very issue.[SOHO]
Resiliency is an area where no one policy can be sufficient, so I've
suggested a trio of baby steps: embedded systems cannot be immortal if they
have no remote management interface, embedded systems must have a remote
management interface if they are to be immortal, and swap-over is preferable
to swap-out when it comes to data protection.
6. Vulnerability finding -- HEGEMONY
Vulnerability finding is a job. It has been a job for something like eight
years now, give or take. For a good long while, you could do vulnerability
finding as a hobby and get paid in bragging rights, but finding
vulnerabilities got to be too hard to do as a hobby in your spare time --
you needed to work it like a job and get paid like a job. This was the
result of hard work on the part of the software suppliers including the
suppliers of operating systems, but as the last of the four verities of
government says, every solution has side effects. In this case, the side
effect is that once vulnerability finding became a job and stopped being a
bragging-rights hobby, those finding the vulnerabilities stopped sharing.
If you are finding vulns for fun and fame, then the minute you find a good
one you'll let everybody know just to prevent someone else finding it and
beating you to the punch. If you are doing it for profit, then you don't
share. That's where the side effect is -- once coin-operated vuln finders
won't share, the percentage of all attacks that are zero-day attacks must
rise, and it has.
In a May article in The Atlantic,[BS] Bruce Schneier asked a cogent
first-principles question: Are vulnerabilities in software dense or sparse?
If they are sparse, then every one you find and fix meaningfully lowers the
number of avenues of attack that are extant. If they are dense, then
finding and fixing one more is essentially irrelevant to security and a
waste of the resources spent finding it. Six-take-away-one is a 15%
improvement. Six-thousand-take- away-one has no detectable value.
If a couple of Texas brothers could corner the world silver market,[HB]
there is no doubt that the U.S. Government could openly corner the world
vulnerability market, that is we buy them all and we make them all public.
Simply announce "Show us a competing bid, and we'll give you 10x." Sure,
there are some who will say "I hate Americans; I sell only to Ukrainians,"
but because vulnerability finding is increasingly automation-assisted, the
seller who won't sell to the Americans knows that his vulns can be
rediscovered in due course by someone who *will* sell to the Americans who
will tell everybody, thus his need to sell his product before it outdates is
irresistible.
This strategy's usefulness comes from two side effects: (1) that by
overpaying we enlarge the talent pool of vulnerability finders and (2) that
by making public every single vuln the USG buys we devalue them. Put
differently, by overpaying we increase the rate of vuln finding, while by
showing everyone what it is that we bought we zero out whatever stockpile of
cyber weapons our adversaries have. We don't need intelligence on what
weapons our adversaries have if we have something close to a complete
inventory of the world's vulns and have shared that with all the affected
software suppliers. But this begs Schneier's question: Are vulnerabilities
sparse or dense? If they are sparse or even merely numerous, then cornering
the market wins in due course. If they are dense, then all we would end up
doing is increasing costs both to software suppliers now obligated to repair
all the vulns a growing army of vuln researchers can find and to taxpayers.
I believe that vulns are scarce enough for this to work and,, therefore I
believe that cornering the market is the cheapest win we will ever get.
Let me note, however, that my colleagues in static analysis report that they
regularly see web applications greater than 2GB in size and with 20,000
variables. Such web apps can only have been written by machine and,
therefore, the vulns found in them were also written by machine.
Machine-powered vuln creation might change my analysis though I can't yet
say in what direction.
7. Right to be forgotten -- YES
I've spoken elsewhere about how we are all intelligence agents now,
collecting on each other on behalf of various overlords.[RSA] There are so
many technologies now that power observation and identification of the
individual at a distance. They may not yet be in your pocket or on your
dashboard or embedded in all your smoke detectors, but that is only a matter
of time. Your digital exhaust is unique hence it identifies. Pooling
everyone's digital exhaust also characterizes how you differ from normal.
Privacy used to be proportional to that which it is impossible to observe or
that which can be observed but not identified. No more -- what is today
observable and identifiable kills both privacy as impossible-to-observe and
privacy as impossible-to-identify, so what might be an alternative? If you
are an optimist or an apparatchik, then your answer will tend toward rules
of data procedure administered by a government you trust or control. If you
are a pessimist or a hacker/maker, then your answer will tend towards the
operational, and your definition of a state of privacy will be my
definition: the effective capacity to misrepresent yourself.
Misrepresentation is using disinformation to frustrate data fusion on the
part of whomever it is that is watching you. Some of it can be low-tech,
such as misrepresentation by paying your therapist in cash under an assumed
name. Misrepresentation means arming yourself not at Walmart but in living
rooms. Misrepresentation means swapping affinity cards at random with
like-minded folks. Misrepresentation means keeping an inventory of
misconfigured webservers to proxy through. Misrepresentation means putting
a motor-generator between you and the Smart Grid. Misrepresentation means
using Tor for no reason at all. Misrepresentation means hiding in plain
sight when there is nowhere else to hide. Misrepresentation means having
not one digital identity that you cherish, burnish, and protect, but having
as many as you can. Your fused identity is not a question unless you work
to make it be. Lest you think that this is a problem statement for the
random paranoid individual alone, let me tell you that in the big-I
Intelligence trade, crafting good cover is getting harder and harder and for
the exact same reasons: misrepresentation is getting harder and harder. If
I was running field operations, I would not try to fabricate a complete
digital identity, I'd "borrow" the identity of someone who had the
characteristics that I needed for the case at hand.
The Obama administration's issuance of a National Strategy for Trusted
Identities in Cyberspace[NS] is case-in-point; it "calls for the development
of interoperable technology standards and policies -- an 'Identity
Ecosystem' -- where individuals, organizations, and underlying
infrastructure -- such as routers and servers -- can be authoritatively
authenticated." If you can trust a digital identity, that is because it
can't be faked. Why does the government care about this? It cares because
it wants to digitally deliver government services and it wants attribution.
Is having a non-fake-able digital identity for government services worth the
registration of your remaining secrets with that government? Is there any
real difference between a system that permits easy, secure, identity-based
services and a surveillance system? Do you trust those who hold
surveillance data on you over the long haul by which I mean the indefinite
retention of transactional data between government services and you, the
individual required to proffer a non-fake-able identity to engage in those
transactions? Assuming this spreads well beyond the public sector, which is
its designers' intent, do you want this everywhere? If you are building
authentication systems today, then you are already playing ball in this
league. If you are using authentication systems today, then you are subject
to the pending design decisions of people who are themselves playing ball in
this league.
After a good amount of waffling, I conclude that a unitary, unfakeable
digital identity is no bargain and that I don't want one. I want to choose
whether to misrepresent myself. I may rarely use that, but it is my right
to do so. If that right vanishes into the panopticon, I have lost something
and, in my view, gained next to nothing. In that regard, and acknowledging
that it is a baby step, I conclude that the EU's "Right to be Forgotten" is
both appropriate and advantageous though it does not go far enough. Being
forgotten is consistent with moving to a new town to start over, to changing
your name, to a definition of privacy that turns on whether you do or do not
retain the effective capacity to misrepresent yourself, a right which I will
remind you is routinely granted but to those who have especially helped
governmental causes (witness protection, e.g.). A right to be forgotten is
the only check on the tidal wave of observability that a ubiquitous sensor
fabric is birthing now, observability that changes the very quality of what
"in public" means. Entities that block deep-linking to their web resources
are neutralizing indexability. Governments of all stripes, irretrievably
balkanizing the Internet through the self-same vehicle of indexing controls,
are claiming that a right to do so is inherently theirs. The only
democratizing brake on this runaway train is for individuals to be able, in
their own small way, to do the same as do other entities. I find it notably
ironic that The Guardian newspaper's championing of Edward Snowden's
revelations about privacy loss is paired with the same paper's
editorializing that "No one has a right to be forgotten."[GRF] Au contraire,
madames et monsieurs, they most assuredly do.
8. Internet voting -- NO
Motivated & expert opponents are very nearly undefendable against. People
like us here know that, which is why it is natural for people like us here
to oppose voting over the Internet. The National Center for Policy Analysis
thinks online voting is a bad idea. NIST thinks online voting is a bad
idea. With Pamela Smith, Bruce McConnell editorialized in the pages of the
Wall Street Journal[BMC] that online voting is a bad idea. The fact that we
here have near universal disdain for the idea has not seemed to change much
policy.
Now it is always true that a thorough security analysis will get much less
attention than a juicy conspiracy theory even if both lead to the same
conclusion. How do we explain this? If I knew that, then I would commence
to explaining, but we may not need to explain it if the integrity of some
election is put at question by events. I'd like to think that we don't need
carnage to motivate a re-think, but perhaps we do. If we do need carnage,
then may its coming be sooner rather than later.
9. Abandonment -- CERTAINTY OF CONSEQUENCES
If I abandon a car on the street, then eventually someone will be able to
claim title. If I abandon a bank account, then the State will eventually
seize it. If I abandon real estate by failing to remedy a trespass, then in
the fullness of time adverse possession takes over. If I don't use my
trademark, then my rights go over to those who use what was and could have
remained mine. If I abandon my spouse and/or children, then everyone is
taxed to remedy my actions. If I abandon a patent application, then after a
date certain the teaching that it proposes passes over to the rest of you.
If I abandon my hold on the confidentiality of data such as by publishing
it, then that data passes over to the commonweal not to return. If I
abandon my storage locker, then it will be lost to me and may end up on
reality TV. The list goes on.
Apple computers running 10.5 or less get no updates (comprising a
significant fraction of the installed base). Any Microsoft computer running
XP gets no updates (likewise comprising a significant fraction of the
installed base). The end of security updates follows abandonment. It is
certainly ironic that freshly pirated copies of Windows get security updates
when older versions bought legitimately do not.
Stating what to me is the obvious policy stance, if Company X abandons a
code base, then that code base must be open sourced. Irrespective of
security issues, many is the time that a bit of software I use has gone
missing because its maker killed it. But with respect to security, some
constellation of {I,we,you,they} are willing and able to provide security
patches or workarounds as time and evil require.
Would the public interest not be served by a conversion to open source for
abandoned code bases? I believe it would. But wait, you say, isn't
purchased software on a general purpose computer a thing of the past? Isn't
the future all about auto-updated smartphone clients transacting over
armored private (carrier) networks to auto-updated cloud services? Maybe;
maybe not. If the two major desktop suppliers update only half of today's
desktops, then what percentage will they update tomorrow?
If you say "Make them try harder!," then the legalistic, regulatory position
is your position, and the ACLU is already trying that route. If smartphone
auto-update becomes a condition of merchantability and your smartphone holds
the keying material that undeniably says that its user is you, then how long
before a FISA court orders a special auto-update to *your* phone for
evidence gathering?
If you say "But we already know what they're going to do, don't we?," then
the question is what about the abandoned code bases. Open-sourcing
abandoned code bases is the worst option, except for all the others. But if
seizing an abandoned code base is too big a stretch for you before
breakfast, then start with a Public Key Infrastructure Certifying Authority
that goes bankrupt and ask "Who gets the keys?"
10. Convergence -- DEFAULT DENY
Let me ask you a question: Are the physical and digital worlds one world or
two? Are cyberspace and meatspace converging or diverging over time? I
conclude that they are converging, but if they are converging, then is
cyberspace looking more and more like meatspace or is meatspace looking more
and more like cyberspace? That is not so clear.
Possibility #1 is that cyberspace becomes more and more like meatspace, ergo
the re-creation of borders and jurisdictional boundaries is what happens
next. Possibility #2 is that meatspace becomes more and more like
cyberspace, ergo jurisdictional boundaries grow increasingly irrelevant and
something akin to one-world technocratic government more or less follows.
The former is heterogeneous, the latter is the monoculture of a single
nation-state. As we all know, resiliency and freedom obtain solely from
heterogeneity, so converging meatspace to cyberspace is the unfavorable
outcome, but what can be done about it?
At the end of last year, the Pew Research Center invited 12,000 "experts" to
answer a single Yes/No question:
        By 2025 will there be significant changes for the worse and
        hindrances to the ways in which people get and share content
        online compared with the way globally networked people can
        operate online today?[PEW]
Of the 12,000 invited, some 1,400 did answer. Putting aside whatever
selection bias may be reflected in who chose to answer and who did not, Pew
found four themes dominated respondent comments:
        1) Actions by nation-states to maintain security and political
        control will lead to more blocking, filtering, segmentation, and
        balkanization of the Internet.
        
        2) Trust will evaporate in the wake of revelations about
        government and corporate surveillance and likely greater
        surveillance in the future.
        
        3) Commercial pressures affecting everything from Internet
        architecture to the flow of information will endanger the open
        structure of online life.
        
        4) Efforts to fix the "too much information" problem might
        over-compensate and actually thwart content sharing.
My colleague Rob Lemos mapped Pew's themes to the two alternative futures I
mentioned above,[RL] saying that "If cyberspace converges to our physical
reality, then we will have balkanization and commercial efforts to
artificially create information monopolies, while if the physical world goes
toward digital space, then we have greater surveillance, the erosion of
trust, much information leakage, and the reaction to that leakage." More
crucially, Lemos also observed that the growth of technology has greatly
increased personal power:
        The impact that a single person can have on society has
        significantly increased over time to where a single individual
        can have a devastating effect. The natural reaction for
        government is to become more invasive {possibility #2 above} to
        better defend its monoculture, or more separate {possibility #1
        above} to firewall threats from one another. Because threats and
        kinetic impacts can increasingly travel through the digital
        realm, they necessitate that the policy and legal frameworks of
        the digital and physical world converge.
In other words, Lemos argues that convergence is an inevitable consequence
of the very power of cyberspace in and of itself. I don't argue with Lemos'
idea that increasingly powerful, location independent technology in the
hands of the many will tend to force changes in the distribution of power.
In fact, that is the central theme of this essay -- that the power that is
growing in the net, per se, will soon surpass the ability of our existing
institutions to modify it in any meaningful way, so either the net must be
broken up into governable chunks or the net becomes government.
It seems to me that the leverage here favors cyberspace whenever and
wherever we give cyberspace a monopoly position, which we are doing that
blindly and often. In the last couple of years, I've found that
institutions that I more or less must use -- my 401(k) custodian, the
Government Accounting Office's accounts payable department, the payroll
service my employer outsources to, etc. -- no longer accept paper letter
instructions, they each only accept digital delivery of such instructions.
This means that each of them has created a critical dependence on an
Internet swarming with men in the middle and, which is more, they have
doubtlessly given up their own ability to fall back to what worked for a
century before.
It is that giving up of alternative means that really defines what
convergence is and does. It is said that all civil wars are about on whose
terms re-unification will occur. I would argue that we are in, to coin a
phrase, a Cold Civil War to determine on whose terms convergence occurs.
Everything in meatspace we give over to cyberspace replaces dependencies
that are local and manageable with dependencies that are certainly not local
and I would argue much less manageable because they are much less secure. I
say that because the root cause of risk is dependence, and most especially
dependence on expectations of system state. I say "much less secure"
because one is secure, that is to say that one is in a state of security, if
and only if there can be no unmitigatable surprises. The more we put on the
Internet, the broader and unmitigatable any surprises become.
This line of thought is beginning to sink in. Let me quote from a
Bloomberg article a month ago:[CWC]
        Wall Street's biggest trade group has proposed a
        government-industry cyber war council to stave off terrorist
        attacks that could trigger financial panic by temporarily wiping
        out account balances, according to an internal document.
        
        The proposal by the Securities Industry and Financial Markets
        Association calls for a committee of executives and deputy-level
        representatives from at least eight U.S. agencies including the
        Treasury Department, the National Security Agency and the
        Department of Homeland Security, all led by a senior White House
        official.
        
        The document sketches an unusually frank and pessimistic view by
        the industry of its readiness for attacks wielded by
        nation-states or terrorist groups that aim to "destroy data and
        machines." It says the concerns are "compounded by the
        dependence of financial institutions on the electric grid," which
        is also vulnerable to physical and cyber attack.
So here you have the biggest financial firms saying that their dependencies
are no longer manageable, and that the State's monopoly on the use of force
must be brought to bear. What they are talking about is that they have no
way to mitigate the risk of common mode failure.
To repeat, risk is a consequence of dependence. Because of shared
dependence, aggregate societal dependence on the Internet is not estimable.
If dependencies are not estimable, they will be underestimated. If they are
underestimated, they will not be made secure over the long run, only over
the short. As the risks become increasingly unlikely to appear, the
interval between events will grow longer. As the latency between events
grows, the assumption that safety has been achieved will also grow, thus
fueling increased dependence in what is now a positive feedback loop.
Accommodating old methods and Internet rejectionists preserves alternate,
less complex, more durable means and therefore bounds dependence. Bounding
dependence is *the* core of rational risk management.
If we don't bound dependence, we invite common mode failure. In
the language of statistics, common mode failure comes exactly from
under-appreciated mutual dependence. Quoting [NIST]:
        [R]edundancy is the provision of functional capabilities that
        would be unnecessary in a fault-free environment. Redundancy is
        necessary, but not sufficient for fault tolerance... System
        failures occur when faults propagate to the outer boundary of the
        system. The goal of fault tolerance is to intercept the
        propagation of faults so that failure does not occur, usually by
        substituting redundant functions for functions affected by a
        particular fault. Occasionally, a fault may affect enough
        redundant functions that it is not possible to reliably select a
        non-faulty result, and the system will sustain a common-mode
        failure. A common-mode failure results from a single fault (or
        fault set). Computer systems are vulnerable to common-mode
        resource failures if they rely on a single source of power,
        cooling, or I/O. A more insidious source of common-mode failures
        is a design fault that causes redundant copies of the same
        software process to fail under identical conditions.
That last part -- that "A more insidious source of common-mode failures is a
design fault that causes redundant copies of the same software process to
fail under identical conditions" -- is exactly that which can be masked by
complexity precisely because complexity ensures under-appreciated mutual
dependence.
In sum, as a matter of policy everything that is officially categorized as a
critical infrastructure must conclusively show how it can operate in the
absence of the Internet. The 2008 financial crisis proved that we can build
systems more complex than we can operate, the best policy counter to which
has been the system of "stress tests" thereafter administered to the banks.
We need other kinds of stress tests even more.
Conclusion
I titled this talk "Cybersecurity as Realpolitik." Realpolitik means, in
the words of British historian E. H. Carr, that what is successful is right
and what is unsuccessful is wrong, that there is no moral dimension in how
the world is, and that attempting to govern based on principles cannot
succeed. Realpolitik is at once atheistic and anti-utopian.
I find that distasteful and, it seems, that in governing my own life I daily
give up power advantage for principle. At the same time, having principles
such as "Might does not make right" may well be a failing on my part and, by
extension, a failing on the part of those who govern according to principle.
Cybersecurity as we describe it in our mailing lists, on our blogs, at our
cons, and so forth is rich in principles and utopian desiderata, all the
while we have opponents at all levels and probably always will for whom
principle matters little but power matters a lot. As Thomas Ray said,
"Every successful system accumulates parasites" and the Internet plus every
widely popular application on it has parasites. For some observers,
parasites and worse are just a cost of doing business. For other observers,
design which encourages bad outcomes is an affront that must be fixed. It
is realism and realism alone that remains when all else fails.
Political realism of the sort I am talking about is based on four premises:
        * The international system is anarchic.
        * States are the most important actors.
        * All states within the system are unitary, rational actors.
        * The primary concern of all states is survival.
This is likewise the realism of the cybersecurity situation in a global
Internet. It is anarchic, and states have become the most important actors.
States' investment in offensive cyber is entirely about survival in such a
world. States are driven to this by the dual, simultaneous expansion of
what is possible and what their citizens choose to depend on.
The late Peter Bernstein, perhaps the world's foremost thinker on the topic,
defined "risk" as "more things can happen than will."[PB] With technologic
advance accelerating, "more things can happen than will" takes on a
particularly ominous quality if your job is to ensure your citizens'
survival in an anarchy where, daily, ever more things can happen than will.
Realpolitik would say that under such circumstances, defense becomes
irrelevant. What is relevant is either (1) offense or (2) getting out of
the line of fire altogether. States that are investing in offense are being
entirely rational and are likely to survive. Those of us who are backing
out our remaining dependencies on digital goods and services are being
entirely rational and are likely to survive. The masses who quickly depend
on every new thing are effectively risk seeking, and even if they do not
themselves know it, the States which own them know, which explains why every
State now does to its own citizens what once States only did to officials in
competing regimes.
You have politely listened to a series of "get off the dime" policy
proposals around mandatory reporting, net neutrality, source code liability,
strike back, fall backs, resiliency, vulnerability finding, the right to be
forgotten, Internet voting, abandonment, and convergence, all by one guy
that no one ever elected. I thank you, friends and countrymen, for lending
me your ears. But I shall be happier still if some one or several of you
find the articulateness that overcomes the dynamic which we now inhabit,
namely that if what is successful is right and what is unsuccessful is
wrong, the observable allocation of success and of failure is utterly
disconnected from the technical facts of cybersecurity as we know them here.
In the end, reality always wins, and the reality of technical facts has more
staying power than the reality of market share or utopian enthusiasm.
Nevertheless, cybersecurity is all about power and only power. Realpolitik
says that what cybersecurity works is right and what cybersecurity does not
work is wrong and Realpolitik thus resonates with Howard's "Security will
always be exactly as bad as it can possibly be while allowing everything to
still function." Realpolitik says that offense routinely beating defense is
right, and imagining otherwise is wrong, that those whose offense wins are
right while those whose defense loses are wrong. Realpolitik says that
offense's superiority means that it a utopian fantasy to believe that
information can be protected from leakage, and so the counter-offense of
disinformation is what we must deploy in return. Realpolitik says that
sentient opponents have always been a fact of life, but never before have
they been location independent and never before have they been able to
recruit mercenaries who will work for free. Realpolitik says that
attribution is impossible unless we deploy a unitary surveillance state.
I have long preferred to hire security people who are, more than anything
else, sadder but wiser. They, and only they, know that most of what
commercially succeeds succeeds only so long as attackers do not give it
their attention while what commercially fails fails not because it didn't
work but because it wasn't cheap or easy or sexy enough to try. Their
glasses are not rose-colored; they are spattered with Realpolitik. Sadder
but wiser hires, however, come only from people who have experienced private
tragedies, not global ones. There are no people sadder but wiser about the
scale and scope of the attack surface you get when you connect everything to
everything and give up your prior ability to do without. Until such people
are available, I will busy myself with reducing my dependence on, and thus
my risk exposure to, the digital world even though that will be mistaken for
curmudgeonly nostalgia. Call that misrepresentation, if you like.
There is never enough time. Thank you for yours.
= = = = = = = = = = = = = = =
To the reader, see also: "algorithmic regulation"
= = = = = = = = = = = = = = =
[CI] Chris Inglis, confirmed by personal communication
[JQ] John Quarterman, personal communication
[AN] "2% of Internet Traffic Raw Sewage"
<a href="http://www.arbornetworks.com/asert/2008/03/2-of-internet-traffic-raw-sewage" target="_blank">www.arbornetworks.com/asert/2008/03/2-of-internet-traffic-raw-sewage</a>
[SRC] "End-to-End Arguments in System Design"
<a href="http://web.mit.edu/Saltzer/www/publications/endtoend/endtoend.pdf" target="_blank">web.mit.edu/Saltzer/www/publications/endtoend/endtoend.pdf</a>
[PHI] Protected Health Information, abbreviated PHI, as defined by
Section 1171 of Part C of Subtitle F of Public Law 104-191, "The
Health Insurance Portability and Accountability Act of 1996," also
known as HIPAA
[SMC] "Penalties for failure to report and false reporting of child
abuse and neglect," US Dept of Health and Human Services, Children's
Bureau, Child Welfare Information Gateway
[CFAA] U.S. Code, Title 18, Part I, Chapter 47, Section 1030
<a href="http://www.law.cornell.edu/uscode/text/18/1030" target="_blank">www.law.cornell.edu/uscode/text/18/1030</a>
[USC] U.S. Code, Title 18, Part I, Chapter 1, Section 4
<a href="http://www.law.cornell.edu/uscode/text/18/4" target="_blank">www.law.cornell.edu/uscode/text/18/4</a>
[CSB] Security Breach Information Act
<a href="http://www.leginfo.ca.gov/pub/01-02/bill/sen/sb_1351-1400/sb_1386_bill_20020926_chaptered.pdf" target="_blank">www.leginfo.ca.gov/pub/01-02/bill/sen/sb_1351-1400/sb_1386_bill_20020926_chaptered.pdf</a>
[VDB] Verizon Data Breach Investigations Report
<a href="http://www.verizonenterprise.com/DBIR" target="_blank">www.verizonenterprise.com/DBIR</a>
[ICS] Index of Cyber Security
<a href="http://www.cybersecurityindex.org" target="_blank">www.cybersecurityindex.org</a>
[RD] "Surviving on a Diet of Poisoned Fruit; Reducing the National
Security Risks of America's Cyber Dependencies"
<a href="http://www.cnas.org/surviving-diet-poisoned-fruit" target="_blank">www.cnas.org/surviving-diet-poisoned-fruit</a>
[VZF] Verizon v. FCC, 740 F.3d 623 (D.C. Cir. 2014)
<a href="http://www.cadc.uscourts.gov/internet/opinions.nsf/3AF8B4D938CDEEA685257C6000532062/$file/11-1355-1474943.pdf" target="_blank">www.cadc.uscourts.gov/internet/opinions.nsf/3AF8B4D938CDEEA685257C6000532062/$file/11-1355-1474943.pdf</a>
[NH] Nat Howard at USENIX 2000, per Marcus Ranum
[KT] Ken Thompson, "Reflections on Trusting Trust," 1984
[GOZ] "Microsoft and FBI team up to take down GameOver Zeus botnet"
<a href="http://www.techradar.com/us/news/internet/web/microsoft-and-fbi-team-up-to-take-down-gameover-zeus-botnet-1251609" target="_blank">www.techradar.com/us/news/internet/web/microsoft-and-fbi-team-up-to-take-down-gameover-zeus-botnet-1251609</a>
[JG] Gettys J, former VP Software, One Laptop Per Child, personal
communication
[CV] Common Vulnerabilities and Exposures, <a href="http://cve.mitre.org/cve" target="_blank">cve.mitre.org/cve</a>
[SOHO] SOHOpelessly Broken, <a href="http://www.sohopelesslybroken.com" target="_blank">www.sohopelesslybroken.com</a>
[BS] "Should U.S. Hackers Fix Cybersecurity Holes or Exploit Them?"
<a href="http://www.theatlantic.com/technology/archive/2014/05/should-hackers-fix-cybersecurity-holes-or-exploit-them/371197" target="_blank">www.theatlantic.com/technology/archive/2014/05/should-hackers-fix-cybersecurity-holes-or-exploit-them/371197</a>
[HB] "Hunt Brothers Corner Silver Market"
<a href="http://web.archive.org/web/20060118031501/" target="_blank">web.archive.org/web/20060118031501/</a><a href="http://www.wallstraits.com/main/viewarticle.php?id=1298" target="_blank">http://www.wallstraits.com/main/viewarticle.php?id=1298</a>
[RSA] "We Are All Intelligence Agents Now"
<a href="http://geer.tinho.net/geer.rsa.28ii14.txt" target="_blank">geer.tinho.net/geer.rsa.28ii14.txt</a>
[NS] National Strategy for Trusted Identities in Cyberspace,
<a href="http://www.nist.gov/nstic" target="_blank">www.nist.gov/nstic</a>
[GRF] "The Right to Be Forgotten Will Turn the Internet into a Work
of Fiction,"
<a href="http://www.theguardian.com/commentisfree/2014/jul/06/right-to-be-forgotten-internet-work-of-fiction-david-mitchell-eu-google" target="_blank">www.theguardian.com/commentisfree/2014/jul/06/right-to-be-forgotten-internet-work-of-fiction-david-mitchell-eu-google</a>
[BMC] "Hack the Vote: The Perils of the Online Ballot Box"
<a href="http://online.wsj.com/articles/pamela-smith-and-bruce-mcconnell-hack-the-vote-the-perils-of-the-online-ballot-box-1401317230" target="_blank">online.wsj.com/articles/pamela-smith-and-bruce-mcconnell-hack-the-vote-the-perils-of-the-online-ballot-box-1401317230</a>
[PEW] <a href="http://www.pewinternet.org/2014/07/03/net-threat" target="_blank">www.pewinternet.org/2014/07/03/net-threat</a>
[RL] Rob Lemos, personal communication
[CWC] "Banks Dreading Computer Hacks Call for Cyber War Council"
<a href="http://www.bloomberg.com/news/print/2014-07-08/banks-dreading-computer-hacks-call-for-cyber-war-council.html" target="_blank">www.bloomberg.com/news/print/2014-07-08/banks-dreading-computer-hacks-call-for-cyber-war-council.html</a>
[NIST] High Integrity Software System Assurance, section 4.2,
<a href="http://hissa.nist.gov/chissa/SEI_Framework/framework_16.html" target="_blank">hissa.nist.gov/chissa/SEI_Framework/framework_16.html</a>, but you'll
have to look in the Internet Archive for it
[PB] _Against the Gods_ and this 13:22 video at
<a href="http://www.mckinsey.com/insights/risk_management/peter_l_bernstein_on_risk" target="_blank">www.mckinsey.com/insights/risk_management/peter_l_bernstein_on_risk</a>
This and other material on file at <a href="http://geer.tinho.net/pubs" target="_blank">http://geer.tinho.net/pubs</a>
----- Backwarded
# distributed via <nettime>: no commercial use without permission
# <nettime> is a moderated mailing list for net criticism,
# collaborative text filtering and cultural politics of the nets
# more info: <a href="http://mx.kein.org/mailman/listinfo/nettime-l" target="_blank">http://mx.kein.org/mailman/listinfo/nettime-l</a>
# archive: <a href="http://www.nettime.org" target="_blank">http://www.nettime.org</a> contact: <a href="mailto:nettime@kein.org" target="_blank">nettime@kein.org</a>
</pre>
<br>
</div>
<br>
</div>
<br>_______________________________________________<br>
NetworkedLabour mailing list<br>
<a href="mailto:NetworkedLabour@lists.contrast.org" target="_blank">NetworkedLabour@lists.contrast.org</a><br>
<a href="http://lists.contrast.org/mailman/listinfo/networkedlabour" target="_blank">http://lists.contrast.org/mailman/listinfo/networkedlabour</a><span><font color="#888888"><br>
<br></font></span></div><span><font color="#888888"><br><br clear="all"><span class="HOEnZb"><font color="#888888"><div><br></div>-- <br><div dir="ltr"><div><b>Please note an intrusion wiped out my inbox on February 8; I have no record of previous communication, proposals, etc ..</b></div>
<div><br></div>
P2P Foundation: <a href="http://p2pfoundation.net" target="_blank">http://p2pfoundation.net</a> - <a href="http://blog.p2pfoundation.net" target="_blank">http://blog.p2pfoundation.net</a> <br><br><a href="http://lists.ourproject.org/cgi-bin/mailman/listinfo/p2p-foundation" target="_blank"></a>Updates: <a href="http://twitter.com/mbauwens" target="_blank">http://twitter.com/mbauwens</a>; <a href="http://www.facebook.com/mbauwens" target="_blank">http://www.facebook.com/mbauwens</a><br>
<br>#82 on the (En)Rich list: <a href="http://enrichlist.org/the-complete-list/" target="_blank">http://enrichlist.org/the-complete-list/</a> <br></div>
</font></span></font></span></div><span class="HOEnZb"><font color="#888888">
</font></span></blockquote></div><span class="HOEnZb"><font color="#888888"><br><br clear="all"><div><br></div>-- <br><div dir="ltr"><div>- <a href="http://about.me/staccotroncoso" target="_blank">Stacco Troncoso</a></div>
<div><br></div></div>
</font></span></div>
</blockquote></div><br><br clear="all"><div><br></div>-- <br><div dir="ltr"><div><b>Please note an intrusion wiped out my inbox on February 8; I have no record of previous communication, proposals, etc ..</b></div><div><br>
</div>P2P Foundation: <a href="http://p2pfoundation.net" target="_blank">http://p2pfoundation.net</a> - <a href="http://blog.p2pfoundation.net" target="_blank">http://blog.p2pfoundation.net</a> <br><br><a href="http://lists.ourproject.org/cgi-bin/mailman/listinfo/p2p-foundation" target="_blank"></a>Updates: <a href="http://twitter.com/mbauwens" target="_blank">http://twitter.com/mbauwens</a>; <a href="http://www.facebook.com/mbauwens" target="_blank">http://www.facebook.com/mbauwens</a><br>
<br>#82 on the (En)Rich list: <a href="http://enrichlist.org/the-complete-list/" target="_blank">http://enrichlist.org/the-complete-list/</a> <br></div>
</div>