1. From Real-Time Intercepts to Stored Records: Why Encryption Drives the Government to Seek Access to the Cloud Professor Peter Swire The Privacy Project – Cloud Conference April 4, 2012

2. The TPP Paper Rising adoption of encryption Declining effectiveness of traditional wiretaps – Especially at local level Technological reason for shift in lawful access to the cloud The “haves” & “have-nots”

3. Encryption Adoption (Finally?) VPNs Blackberry Gmail now, other webmail soon SSL pervasive (credit card numbers) – Dropbox & many more Facebook enables HTTPS, may shift default Skype & other VoIP Result – interception order at ISP or local telco often won’t work

4. Ways to Grab Communications 1.Break the encryption (if it’s weak) 2.Grab comms in the clear (CALEA) 3.Grab comms with hardware or software before or after encrypted (backdoors) 4.Grab stored communications, such as in the cloud My descriptive thesis: #4 is becoming FAR more important, for global communications Also, temptation to do more #2 and #3

5. Local switch Phone call Telecom Company 3 Alice Bob

6. Local switch Phone call Telecom Company 3 Alice Bob

7. Bob ISP Alice ISP %!#&*YJ#$ &#^@% Hi Bob! Internet: Many Nodes between ISPs Alice Bob %!#&*YJ#$ &#^@%

8. Problems with Weak Encryption Nodes between A and B can see and copy whatever passes through Many potential malicious nodes Strong encryption as feasible and correct answer – US approved for global use in 1999 – India, China new restrictions on strong encryption – “Encryption and Globalization” says those restrictions are bad idea

9. Encrypt Encrypted message – Hi Bob! Alice Bob's public key Bob's private key – Alice's local ISP %!#&YJ@$ Decrypt Hi Bob! %!#&YJ@$ – Bob's local ISP – Backbone provider Bob

10. Ways to Grab Communications 1.Break the encryption (if it’s weak) 2.Grab comms in the clear (CALEA) 3.Grab comms with hardware or software before or after encrypted (backdoors) 4.Grab stored communications, such as in the cloud

11. Limits of CALEA Applies to switched network & connect to that Bad cybersecurity to have unencrypted IP go through Internet nodes How deep to regulate IP products & services – WoW just a game? – Will all Internet hardware & software be built wiretap ready? That would be large new regulation of the Internet Could mobilize SOPA/PIPA coalition

12. Ways to Grab Communications 1.Break the encryption (if it’s weak) 2.Grab comms in the clear (CALEA) 3.Grab comms with hardware or software before or after encrypted (backdoors) 4.Grab stored communications, such as in the cloud

13. Governments Install Software? Police install virus on your computer This opens a back door, so police gain access to your computer Good idea for the police to be hackers? Good for cybersecurity?

14. Ways to Grab Communications 1.Break the encryption (if it’s weak) 2.Grab comms in the clear (CALEA) 3.Grab comms with hardware or software before or after encrypted (backdoors) 4.Grab stored communications, such as in the cloud

15. Stored Records: The Near Future Global requests for stored records – Encrypted webmail, so local ISP less useful – Local switched phone network less useful Push for “data retention”, so police can get the records after the fact The “haves” and “have nots” – Server in your jurisdiction – Technically ahead of the curve MLATs and other upcoming legal battles

16. Conclusion Adoption of strongly encrypted communications now going through a decisive shift Access by the cloud provider remains in many scenarios This technological shift will put pressure to develop legal mechanisms for global access to cloud providers