ACM Committee on Computers and Public Policy, Peter G. Neumann, moderator
Here's one about a class A dummy... You'd think he'd be a bit more careful
on something like this.
Probably the most dramatic instance of recovery of "deleted" file information
appears in a recent ruling of the Pennsylvania Supreme Court, Com. v.
Copenhefer, 587 A.2d 1353. The defendant's death sentence was affirmed on
"overwhelming" circumstantial evidence, including "incredibly comprehensive"
evidence seized from the defendant's home pursuant to search warrants.
The computer evidence consisted of drafts of texts of phone calls, ransom and
hidden notes, and a 22 point plan for the kidnapping scheme, which eventuated
in murder of a bank manager's wife. (The defendant was a bookstore owner who
had "unproductive transactions" with the bank).
The defendant argued that the computer evidence should have been suppressed
because he had deleted the files, thereby creating an "expectation of privacy"
under _Katz_ and its progeny. The court's opinion contains a readable
explanation of how the deletion only affected the directory, and "subsequent
usage never displaced the files in question and they remained in the memory of
his computer."
The court soundly, and IMO correctly, rejected this claim, analogizing the
retrieval of the deleted file data (by an FBI agent who was a computer expert)
to deciphering a coded message in a diary, after the diary was obtained under a
valid subpoena.
Somehow, I don't think Mr. Copenhefer will be doing any endorsements for
PCTools or another defragmenter; "if only I had used Compress with the Clear
option, I wouldn't be on death row now." Among other things, the old-fashioned
physical evidence was quite overwhelming. But the case is a striking example
of the law adjusting to computer technology.
Sort of unbelievable, especially the part about an FBI computer expert (maybe
they borrowed someone from the NSA?), but true! So remember, Norton WIPEDISK
is your friend.
Ron Dippold
There has been some tendancy here to treat the Patriot system "failure" to
intercept the El Hussein missile in Dharan as a poor system specification or as
badly designed software. This is totally wrong. If someone had gone to the
Army before the Gulf War and asked, "In this hypothetical situation...how
should the system respond?" The answer would have been to do as it did.
The "problems" in the software were bugs only AFTER it was known IN
PRACTICE that 1) there were missiles in that speed range that could and should
be attacked, 2) the Patriot systems' primary mission would NOT be defending
against hostile aircraft, and 3) that "highly motivated" and experienced crews
could successfully engage such missiles in "manual" mode using information from
other sites. Given those circumstances updating the software and getting it to
the field in a matter of days was a heroic effort, even if it arrived one day
too late.
The real risk here is in assuming that the "fog of war" is a myth. You
don't know how systems will be used in practice until you have actual combat
experience. I have seen many "field mods" to hardware incorporated into later
production models because the feature was needed to use the system to best
effect in combat. This is NOT a failure of design or specification or
production, it is often the result of someone trying something because he is
dead anyway if it doesn't work. Such successful tactics quickly become the
normal way the weapon is used.
A simple example is dive brakes, which were initially installed on P-38s
after many crashed from incompressability problems. In combat, the only
advantage that the P-38 had in some situations over its opponent was the
ability to dive faster, so pilots took it to the limit and beyond. The dive
brake was invented to "fix" a problem which only occurred when a pilot stayed
in a steep dive at full power too long. (Actually, there was a "known fix" by
the time the brakes were available--fly an outside loop!) If dive brakes had
existed when the plane was designed the designers would have been told to leave
them off. No reason to add weigth to the plane, and no sane pilot would do
something like that anyway... Of course, after experence in combat, pilots
would carry as much weight as possible, and try to use it to save their lives.
About half the US soldiers killed in the Dharan Scud attack belonged to a unit stationed outside of Pittsburgh. Recently, the local news has been reporting that a Pittsburgh area law firm is recruiting the families of the deceased to participate in a class action lawsuit against Raytheon, manufacturers of the Patriot missile defense system. Considering that the system was being operated out of spec, to solve a different difficult problem (defense of a city) than the one it was designed for (point defense), this incident suggests that writing software may be RISKier than we thought...
A file on the SIMTEL20 archives, PD:![]()
Statement in Support of Communications Privacy
Tue, 18 Jun 91 22:27:11 -0700 The Electronic Frontier Foundation, Computer Professionals for Social Responsibility, and RSA Data Security Inc. cosponsored a meeting of cryptographers, civil libertarians, business leaders, and people from all over the government who handle cryptography and privacy issues. The following statement was released at the meeting. STATEMENT IN SUPPORT OF COMMUNICATIONS PRIVACY Washington, DC June 10, 1991 As representatives of leading computer and telecommunications companies, as members of national privacy and civil liberties organizations, as academics and researchers across the country, as computer users, as corporate users of computer networks, and as individuals interested in the protection of privacy and the promotion of liberty, we have joined together for the purpose of recommending that the United States government undertake a new approach to support communications privacy and to promote the availability of privacy-enhancing technologies. We believe that our effort will strengthen economic competitiveness, encourage technological innovation, and ensure that communications privacy will be carried forward into the next decade. In the past several months we have become aware that the federal government has failed to take advantage of opportunities to promote communications privacy. In some areas, it has considered proposals that would actually be a step backward. The area of cryptography is a prime example. Cryptography is the process of translating a communication into a code so that it can be understood only by the person who prepares the message and the person who is intended to receive the message. In the communications world, it is the technological equivalent of the seal on an envelope. In the security world, it is like a lock on a door. Cryptography also helps to ensure the authenticity of messages and promotes new forms of business in electronic environments. Cryptography makes possible the secure exchange of information through complex computer networks, and helps to prevent fraud and industrial espionage. For many years, the United States has sought to restrict the use of encryption technology, expressing concern that such restrictions were necessary for national security purposes. For the most part, computer systems were used by large organizations and military contractors. Computer policy was largely determined by the Department of Defense. Companies that tried to develop new encryption products confronted export control licensing, funding restrictions, and classification review. Little attention was paid to the importance of communications privacy for the general public. It is clear that our national needs are changing. Computers are ubiquitous. We also rely on communication networks to exchange messages daily. The national telephone system is in fact a large computer network. We have opportunities to reconsider and redirect our current policy on cryptography. Regrettably, our government has failed to move thus far in a direction that would make the benefits of cryptography available to a wider public. In late May, representatives of the State Department met in Europe with the leaders of the Committee for Multilateral Export Controls ("COCOM"). At the urging of the National Security Agency, our delegates blocked efforts to relax restrictions on cryptography and telecommunications technology, despite dramatic changes in Eastern Europe. Instead of focusing on specific national security needs, our delegates continued a blanket opposition to secure network communication technologies. While the State Department opposed efforts to promote technology overseas, the Department of Justice sought to restrict its use in the United States. A proposal was put forward by the Justice Department that would require telecommunications providers and manufacturers to redesign their services and products with weakened security. In effect, the proposal would have made communications networks less well protected so that the government could obtain access to all telephone communications. A Senate Committee Task Force Report on Privacy and Technology established by Senator Patrick Leahy noted that this proposal could undermine communications privacy. The public opposition to S. 266 was far-reaching. Many individuals wrote to Senator Biden and expressed their concern that cryptographic equipment and standards should not be designed to include a "trapdoor" to facilitate government eavesdropping. Designing in such trapdoors, they noted, is no more appropriate than giving the government the combination to every safe and a master key to every lock. We are pleased that the provision in S. 266 regarding government surveillance was withdrawn. We look forward to Senator Leahy's hearing on cryptography and communications privacy later this year. At the same time, we are aware that proposals like S. 266 may reemerge and that we will need to continue to oppose such efforts. We also hope that the export control issue will be revisited and the State Department will take advantage of the recent changes in East-West relations and relax the restrictions on cryptography and network communications technology. We believe that the government should promote communications privacy. We therefore recommend that the following steps be taken. First, proposals regarding cryptography should be moved beyond the domain of the intelligence and national security community. Today, we are growing increasingly dependent on computer communications. Policies regarding the appropriate use of cryptography should be subject to public review and public debate. Second, any proposal to facilitate government eavesdropping should be critically reviewed. Asking manufacturers and service providers to make their services less secure will ultimately undermine efforts to strengthen communications privacy across the country. While these proposals may be based on sound concerns, there are less invasive ways to pursue legitimate government goals. Third, government agencies with appropriate expertise should work free of NSA influence to promote the availability of cryptography so as to ensure communications privacy for the general public. The National Academy of Science has recently completed two important studies on export controls and computer security. The Academy should now undertake a study specifically on the use of cryptography and communications privacy, and should also evaluate current obstacles to the widespread adoption of cryptographic protection. Fourth, the export control restrictions for computer network technology and cryptography should be substantially relaxed. The cost of export control restrictions are enormous. Moreover, foreign companies are often able to obtain these products from other sources. And one result of export restrictions is that US manufacturers are less likely to develop privacy-protecting products for the domestic market. As our country becomes increasingly dependent on computer communications for all forms of business and personal communication, the need to ensure the privacy and security of these messages that travel along the networks grows. Cryptography is the most important technological safeguard for ensuring privacy and security. We believe that the general public should be able to make use of this technology free of government restrictions. There is a great opportunity today for the United States to play a leadership role in promoting communications privacy. We hope to begin this process by this call for a reevaluation of our national interest in cryptography and privacy. Mitchell Kapor, Electronic Frontier Foundation Marc Rotenberg, CPSR John Gilmore, EFF D. James Bidzos, RSA Phil Karn, BellCore Ron Rivest, MIT Jerry Berman, ACLU Whitfield Diffie, Northern Telecom David Peyton, ADAPSO Ronald Plesser, Information Industry Association Dorothy Denning, Georgetown University David Kahn, author *The Codebreakers* Ray Ozzie, IRIS Associates Evan D. Hendricks, US Privacy Council Priscella M. Regan, George Mason University Lance J. Hoffman, George Washington University David Bellin, Pratt University (affiliations are for identification purposes only)![]()
NIST announces public-key digital signature standard
Thu, 27 Jun 91 11:39:59 -0700 Statement of Raymond G. Kammer, Deputy Director National Institute of Standards and Technology Before the Subcommittee on Technology and Competitiveness of the Committee on Science, Space, and Technology On Computer Security Implementation House of Representatives, June 27, 1991 Digital Signature Standard I know that you are interested in our progress in developing a federal digital signature standard based upon the principles of public-key cryptography. I am pleased to tell you that we are working out the final arrangements on the planned standard, and hope to announce later this summer our selection of a digital signature standard based on a variant of the ElGamal signature technique. Our efforts in this area have been slow, difficult, and complex. We evaluated a number of alternative digital signature techniques, and considered a variety of factors in this review: the level of security provided, the ease of implementation in both hardware and software, the ease of export from the U.S., the applicatility of patents and the level of efficiency in both the signature and verification functions that the technique performs. In selecting digital signature technique method [sic], we followed the mandate contained in section 2 of the Computer Security Act of 1987 to develop standards and guidelines that ". . . assure the cost-effective security and privacy of sensisive information in Federal systems." We placed primary emphasis on selecting the technology that best assures the appropriate security of Federal information. We were also concerned with selecting the technique with the most desirable operating and use characteristics. In terms of operating characteristics, the digital signature technique provides for a less computational-intensive signing function than verification function. This matches up well with anticipated Federal uses of the standard. The signing function is expected to be performed in a relatively computationally modest environment such as with smart cards. The verification process, however, is expected to be implemented in a computationally rich environmnet such as on mainframe systems or super-minicomputers. With respect to use characteristics, the digital signature technique is expected to be available on a royalty-free basis in the public interest world-wide. This should result in broader use by both government and the private sector, and bring economic benefits to both sectors. A few details related to the selection of this technique remain to be worked out. The government is applying to the U.S. Patent Office for a patent, and will also seek foreign protection as appropriate. As I stated, we intend to make the technique available world-wide on a royalty-free basis in the public interest. A hashing function has not been specified by NIST for use with the digital signature standard. NIST has been reviewing various candidate hashing functions; however, we are not satisfied with any of the functions we have studied thus far. We will provide a hashing function that is complementary to the standard. I want to speak to two issues that have been raised in the public debate over digital signature techniques. One is the allegation that a "trap door", a method for the surreptitious defeat of the security of this system, has been built into the technique that we are selecting. I state categorically that no trap door has been designed into this standard nor does the U.S. Government know of any which is inherent in the ElGamal signature method that is the foundation of our technique. Another issue raised is the lack of public key exchange capabilities. I believe that, to avoid capricious activity, Public Key Exchange under control of a certifying authority is required for government applications. The details of such a process will be developed for government/industry use. NIST/NSA Technical Working Group Aspects of digital signature standard were discussed by the NIST/NSA Technical Working Group, established under the NIST/NSA Memorandum of Understanding. The Working Group also discussed issues involving the applicability of the digital signature algorithm to the classified community, cryptographic key management techniques, and the hashing function to be used in conjunction with the digital signature standard. Progress on these items has taken place; however, as with the digital signature standard, non-technical issues such as patents and exportability require examination, and this can be a lengthy process. We have found that working with NSA is productive. The Technical Working Group provides an essential mechanism by which NIST and NSA can conduct the technical discussions and exchange contemplated by the Computer Security Act and also allows us to address important issues drawing upon NSA's expertise.![]()
Robert Dorsett
Re: Videotape of the pilot discussing the crash of UAL 232
Sat, 29 Jun 91 00:28:11 CDT >There's been a lot of discussion of the safety of fly-by-wire aircraft, so >here's the discussion of an accident that very possibly would have been >prevented were the DC-10 fly-by-wire rather than hydraulic. As I'm sure Mary realizes, FBW does not alleviate the necessity for multiple- redundant hydraulics, and all the plumbing that comes with them. As currently implemented on most aircraft, it simply replaces the means by which the *hydraulic* actuators are operated. Instead of cables, there are electrical wires. These leads to one or more computers, which in turn process command inputs from the pilot, leading to the possibility of unconventional control laws. Most of the controversy of FBW occurs at this stage. The severity of the failure involved would have happened whether the DC-10 were FBW or not. Now, in rebuttal, I'm sure Mary'd point out that the FBW issue would only enter in the form of *control* issues subsequent to the accident, introducing unconventional control laws to effectively duplicate (or improve upon) the differential thrust technique Haynes used. And she has a point. But there's always the question of whether the complexity and cost of such software will ever justify its usefulness in the "1:1e-9" catastrophic control failure case. In safety management, there is a point of negative return. Perhaps a more salient observation would have been: this accident would not have happened if there was full manual reversion on the DC-10, ala the Boeing 707? :-) Robert Dorsett Internet: rdd@cactus.org UUCP: ...cs.utexas.edu!cactus.org!rdd
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