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Republican Senator Lindsey Graham introduces bill that threatens end-to-end encryption By Kevin Reed 8 February 2020

Republican Senator Lindsey Graham is circulating a discussion draft bill that would use the enforcement of laws against distribution of child sex abuse material (CSAM) as a means of shutting down end-to-end encryption services provided by the big tech companies.

The bill, which is also reportedly being worked on by Senator Richard Blumenthal (Democrat of Connecticut), would create a 15-member bipartisan National Commission on Child Exploitation Prevention that would be responsible for establishing the rules and overseeing the removal of CSAM content from the internet. The law would make the Attorney General the chairman of the commission and give him or her the authority to modify any of its recommendations.

Called the Eliminating Abusive and Rampant Neglect of Interactive Technologies (EARN IT) Act of 2019, the bill would make technology companies liable for state prosecution and civil lawsuits for child abuse and exploitation content unless they follow best practices outlined by the commission.

On January 30, Bloomberg published a draft of the bill noting, The draft bill from Graham, the South Carolina Republican who chairs the Senate Judiciary Committee, mounts a double attack against encrypted services such as Apple Inc.s iCloud and Facebook Inc.s WhatsApp chat. It jeopardizes technology companies immunity to lawsuits by victims for violating child exploitation and abuse statutes and it lowers the standard to bring such cases.

At the heart of the proposed law is an attack on what is known as Section 230 of the Communications Decency Act which protects providers of computing devices, apps and internet services from liability for content copied or posted by users onto their products. Companies that refuse to follow the commissions best practices will lose their Section 230 protections for any content deemed to violate the content rules set by the commission.

Although the draft bill does not specify any of the rules, it is transparently obvious that it would require law enforcement immediate and unfettered access to devices, communications and cloud accounts. As has been explained by technology experts, the bills references to law enforcement identifying, categorizing, and reporting material related to child exploitation or child sexual abuse would be impossible to do on devices and services with end-to-end encryption.

End-to-end encryption is the popular method used by the consumer technology corporations of protecting electronic communications and data stored on computer devices by using cryptographic keys to block eavesdropping, surveillance and interception of information. The use of end-to-end encryption by the public, corporations and other organizations has been on the rise since the exposures by Edward Snowden in 2013 that the US government was capturing and storing the mobile phone and email communications of the entire population in a massive and illegal electronic dragnet.

Companies such as Apple and Facebook have been deploying end-to-end encryption in their products by default for several years now. Apple has battled publicly with the Justice Department several times since 2014 over demands by the FBI for back-door access to the encrypted iPhones of mass shooters.

In the most recent of these incidents, the shooting at the naval base in Pensacola, Florida, on December 6, it emerged that Apple had actually begun to cave into the demands from Attorney General William Barr and President Donald Trump for law enforcement access and a backdoor to encrypted data and communications.

As reported by Reuters at the time, Apple did in fact turn over the shooters iCloud backups in the Pensacola case, and said it rejected the characterization that it has not provided substantive assistance. Behind the scenes, Apple has provided the U.S. Federal Bureau of Investigation with more sweeping help, not related to any specific probe by dropping plans to offer consumers the ability to fully encrypt their iCloud backups.

Clearly, Senator Graham, the US Justice Department and others are attempting to exploit public fears and concerns about child sexual abuse as a means of pushing through their agenda for the abolition of encryption that has been underway for five years. As Riana Pfefferkorn of the Center for Internet and Society at Stanford Law School explained, This bill is trying to convert your anger at Big Tech into law enforcements long-desired dream of banning strong encryption. It is a bait-and-switch. Dont fall for it.

Gizmodo, the technology and science site, wrote on January 31, It doesnt take a genius to see where this is going. The federal government, and especially the DOJ, have wanted tech companies to build surveillance backdoors into their end-to-end encrypted messaging services for years. They insist that they are only interested in preventing major crimes like terrorism or sex trafficking, but in reality, building those backdoors would create a convenient pipeline for domestic surveillance.

The technique of exploiting the public disorientation caused by terrorist violence and other criminality by the state to attack fundamental democratic rights has been employed increasingly by the political, law enforcement and national intelligence establishment since the events of September 9, 2001.

The provisions of Section 230 of the Communications Decency Act were adopted in 1996 (also known as Title V of the Telecommunications Act of 1996) which state, No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider. This section of the 1996 legislation was, in part, a response to the growth of the internet and has been frequently referred to as a key to the flourishing of the World Wide Web and sometimes as The Twenty-Six Words That Created the Internet.

The intensifying assault on end-to-end encryption is part of the ongoing drive by the state to censor and regulate content on the internet. Democrats, in particular, have led the campaign against big tech with Senator Elizabeth Warren, Democrat of Massachusetts and candidate for the partys 2020 presidential nomination, campaigning since March 2019 for a break up of the tech monopolies.

There has also been a steady campaign conducted by the New York Times, under the guise of the fight against so-called surveillance capitalism, to utilize the egregious privacy violations carried out by the tech monopolies to mobilize the public behind government censorship of online content. Significantly, none of these initiatives warn the public about the role of the state and military-intelligence apparatus in utilizing artificial intelligence and the communications infrastructure to spy on the entire population.

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Columbus, OH We all share a lot of information when we use the internet.

Our devices communicate with us and with each other for ease of shopping, banking, travel arrangements, and keeping in touch with friends. When online, its important to safeguard your data to help avoid scams, fraud, and identity theft.

For National Clean Out Your Computer Day (February 10) and National Safer Internet Day (February 11), Better Business Bureau and the National Cyber Security Alliance offer the following tips to help secure the privacy of your critical information:

.Share with care. What you post can last a lifetime, so think about who will see your posts and photos, how they will be perceived, and what information they reveal about you.

.Own your online presence. Set the privacy and security settings on web services and devices to your comfort level for information sharing. Its OK to limit how and with whom you share information.

.Value your personal information. Think of your personal information like money: value and protect it. Be careful what sites you visit and be sure you are on a legitimate site before entering personal information. Be especially wary of communications that implore you to act immediately, offer something that sounds too good to be true, or ask for personal information.

.Make your passwords long and strong. Use long passwords with a combination of upper and lower case letters, numbers, and symbols eight characters for most accounts, twelve characters for email and financial accounts. Dont use the same password for multiple accounts, especially email and financial. Keep a paper list of your passwords in a safe place, not on or near your computer. Consider using a password vault application.

.Lock down your login. For your online accounts, use the strongest authentication tools available. Your usernames and passwords are not enough; consider two-factor authentication for key accounts like email, banking, and social media, especially for access on mobile devices.

.Dont click on unfamiliar links. Whether at home or at work, dont click on links from unfamiliar sources or unexpected correspondence. One false click can infect a whole computer or a whole business.

.Pay attention to your Internet-connected devices. Smart thermostats, voice control systems, cars, even refrigerators are just the beginning of the growing list of devices that watch our homes and track our location. Read the privacy policy and understand what data is being collected and how it will be used.

.If You Dont Like Personalized Advertising, You Can Opt Out. Weve all encountered those ads that follow us around the web as we shop and explore. These ads are known as interest-based advertising. While some consumers like interest-based advertising for the personalization it provides, if its not your cup of tea, you can opt out by visiting http://www.aboutads.info/choices.

.Look for the S. When youre browsing the web or shopping online, check to see if the site youre looking at is legitimate with these tips. Then, look in the upper left-hand corner of your web browser for https://. This indicates a website is protected by an extra layer of encryption known as Hypertext Transfer Protocol Secured.If you are entering personal or financial information into a website, make sure https is present. And if you want to learn more about this type of technology, visit https://www.bbb.org/bbbsecure.

.Delete Old Apps. Is there a dating app you downloaded last year that you dont use anymore, or an app that provided you with some new recipes that you stopped using? Even though you dont use them anymore, these apps might be collecting data about how you use your device in the background. Declutter your life and delete old apps to help maintain your privacy.

.Update Your Software. Software updates are important because as technology advances, cyber criminals and attackers get better at cracking encryption and stealing your data. So when your phone or your desktop computers operating system prompts you to update your software, dont sleep on it. Update your software to make sure your digital experience is safe and secure.

Charitable organizations also need to be aware of data privacy. Donors and others communicate online with charities via their websites, emails and other online means and need to be informed about what policies are in place to address privacy concerns. BBB Wise Giving Alliance published a blog article containing advice for charities and donors regarding data privacy concerns.

To report a scam, go to BBB Scam Tracker.

Check bbb.org for more information on how to avoid scams.

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BBB Offers the Following Tips for National Clean Out Your Computer and Safer Internet Day WKTN- A division of Home Town Media - WKTN Radio

The federal government is worriedabout the risk of voter coercion and foreign election interference through private messaging services a concern that could pit the right to privacy and free expression against Canada's election laws.

The warning was tucked into a briefing note prepared for President of the Privy Council Dominic LeBlanc about ongoing issues with social media platforms. Private messaging includes Facebook and Instagram message services, WhatsApp groups and WeChat channels.

"As the platforms move towards private/encrypted conversations as the foundation of how they work, concerns have been raised about the capacity of the tools used for private communications to potentially undermine [Canada Elections Act] provisions, or to facilitate the potential for voter coercion or foreign interference," says a briefing note, obtained by CBC News through access to information.

"This will introduce difficult considerations, such as the trade-offs between respecting the privacy of private communications and protecting the integrity of the electoral regulatory regime. There will, additionally, be significant challenges for enforcement."

The briefing note's sections on recommendations and implementation are blacked-out in the copy obtained by CBC News,since they're considered advice to a minister.

The note flags questions about "whether and how to intervene in a quickly changing technological environment" and "how to apply timeless democratic principles (e.g., freedom of expression) in this environment" as ongoing issues for LeBlanc, whose role at the cabinet table includes protecting democratic institutions.

A spokesperson for LeBlanc didn't answer direct questions about what the government plans to do.

"Our government continues to work with social media platforms, including those with messaging systems, and Elections Canada to ensure the integrity of our democratic processes. Canadians have a right to engage in private conversations with their friends and family about politics without limitations or restrictions," said Brandan Rowe in an email.

"We continue to learn from experiences around the world, where different platforms are being used to influence election outcomes."

Taylor Owen is the chair of media, ethics andcommunicationsat McGill University. He said the massively popular chatapp Whatsapp is at the centre of this controversy.

"In part because in many countries, particularly emerging economies, WhatsApp is the primary mode of communication," he said.

"It has been shown to have been abused quite widely in a number of elections and even to incite violence in countries around the world, where messages that were shared through WhatsApp groups spread very quickly and had fairly serious consequences."

Whatsapp which is owned by tech giant Facebook began cracking down after rampant disinformation campaigns in India triggeredlynchings and other violent acts. With about 200 million users, India is WhatsApp's largest market.

Whatsapp users can now only forward a message five times a change the company said is meant to combat "misinformation and rumours."

Owen said the Canadian government showed it took disinformation campaigns seriously before the election when it reformed the rules on advertising. Now, he said, it'sconfronting"the most difficult challenge in this space."

"What do you do with information that is made private, either by the choice of the users or by the technology itself?" he said.

"We haven't had a set of policies that have really gotten that issue yet. Most governments have just dealt with the much easier issues around regulating advertising, better privacy protections, limiting spending in the digital space.

"That is the low-hanging fruit that the Canadian government has already implemented and now, as this document signals, they're heading into the much more tricky terrain."

South of the border, U.S. Attorney General William Barr reignited a debate on encryption when he appealed to Apple to help unlock iPhones linked to a December naval base shooting in Pensacola, Fla.

His comments setthe stage for another fiery debate betweenlaw enforcement and manufacturers over the ethics of installingso-called "back doors" to allow law enforcement agencies to decode encrypted data after obtainingsearch warrants.

Apple has refused, saying in a media statement that "there is no such thing as a backdoor just for the good guys."

Asked by CBC News whether it would consider introducing backdoor access through legislation, LeBlanc's office didn't reply.

Owen saidthe things the government would have to do to break into "end-to-end encrypted communication ... would be so dangerous to the architecture of the internet that depends on that kind of encryption that it is probably not worth entertaining.

"But some sort of regulation or engagement with content that happens in much wider semi-private channels, even if it's perhaps auditing content in that, or some degree of oversight, is something that could probably be done."

Under LeBlanc's predecessor Karina Gould, the Liberal government amended the Canada Elections Act in 2018 to force digital platforms to maintain a public registry of partisan and election advertising leading up to and during the 2019 election campaign.

In the leadup to the election, the government also unveiled what it called a "Declaration of Electoral Integrity" which asked online platforms to address attempts to disrupt the upcoming federal election.

In the days immediately after the federal election, government officials said they did detect attempts to spread misinformation and disinformation during the election campaign but not at a level high enough to trigger a public warning.

Link:
Federal government warning of voter coercion, foreign election interference through private messaging services - CBC.ca