For more than two years the F.B.I. and intelligence agencies have warned that encrypted communications are creating a “going dark” crisis that will keep them from tracking terrorists and kidnappers.
Now, a study in which current and former intelligence officials participated concludes that the warning is wildly overblown, and that a raft of new technologies — like television sets with microphones and web-connected cars — are creating ample opportunities for the government to track suspects, many of them worrying.
“ ‘Going dark’ does not aptly describe the long-term landscape for government surveillance,” concludes the study, to be published Monday by the Berkman Center for Internet and Society at Harvard.
The study argues that the phrase ignores the flood of new technologies “being packed with sensors and wireless connectivity” that are expected to become the subject of court orders and subpoenas, and are already the target of the National Security Agency as it places “implants” into networks around the world to monitor communications abroad.
The products, ranging from “toasters to bedsheets, light bulbs, cameras, toothbrushes, door locks, cars, watches and other wearables,” will give the government increasing opportunities to track suspects and in many cases reconstruct communications and meetings.
The Harvard study, funded by the Hewlett Foundation, was unusual because it involved technical experts, civil libertarians and officials who are, or have been, on the forefront of counterterrorism. Larry Kramer, the former dean of Stanford Law School, who heads the foundation, noted Friday that until now “the policy debate has been impeded by gaps in trust — chasms, really — between academia, civil society, the private sector and the intelligence community” that have impeded the evolution of a “safe, open and resilient Internet.” … …
“Encryption is a real problem, and the F.B.I. and intelligence agencies are right to raise it,” Mr. Olsen said Sunday. But he noted that in their testimony officials had not described the other technological breaks that are falling their way, nor had they highlighted cases in which they were able to exploit mistakes made by suspects in applying encryption to their messages.
Jonathan Zittrain, a professor of law and computer science at Harvard who convened the group, said in an interview that the goal was “to have a discussion among people with very different points of view” that would move “the state of the debate beyond its well-known bumper stickers. We managed to do that in part by thinking of a larger picture, specifically in the unexpected ways that surveillance might be attempted.”
He noted that in the current stalemate there was little discussion of the “ever-expanding ‘Internet of things,’ where telemetry from teakettles, televisions and light bulbs might prove surprisingly, and worryingly, amenable to subpoena from governments around the world.”
Those technologies are already being exploited: The government frequently seeks location data from devices like cellphones and EZ Passes to track suspects.
The study notes that such opportunities are expanding rapidly. A Samsung “smart” television contains a microphone meant to relay back to Samsung voice instructions to the TV — “I want to see the last three ‘Star Wars’ movies” — and a Hello, Barbie brought out by Mattel last year records children’s conversations with the doll, processes them over the Internet and sends back a response.
The history of technology shows that what is invented for convenience can soon become a target of surveillance. “Law enforcement or intelligence agencies may start to seek orders compelling Samsung, Google, Mattel, Nest or vendors of other networked devices to push an update or flip a digital switch to intercept the ambient communications of a target,” the report said.
https://archive.is/c7bLa
http://www.nytimes.com/2016/02/01/us/politics/new-technologies-give-government-ample-means-to-track-suspects-study-finds.html?_r=0