Re: [Clips] Storm Brews Over Encryption 'Safe Harbor' in Data Breach Bills

2005-06-03 Thread Thierry Moreau



Adam Shostack wrote:



No.  If I get your database with SQL injection, all conditions are
met, and I have your plaintext.  But, the data is in an encrypted
form, and you're saved.


I'm not familiar with SQL injection vulnerabilities. Perhaps the issue 
is misrepresentation by the SQL provider that the database is encrypted 
using proper algorithms and key management. I guess that if a database 
access application using SQL injections has cleartext access to the 
data, this data is either not appropriately encrypted or the control of 
the encryption key escaped the legitimate user when the SQL injections 
were leaked to the adversary.


One issue with rulemaking/lawmaking is that consequences of a rule are 
sometimes unexpected because words (e.g. properly encrypted) are 
smetimes corrupted by diverted usage e.g. public relations aspects of 
e-commerce security. So, even if your statement was technically wrong, 
if *you* are convinced that a database vulnerable to SQL injection 
tampering threat is nonetheless encrypted, then a judge might be so 
convinced. Consequently, the lawmaking exercise must be more specific 
than above, e.g. using reference to by-laws which define acceptable 
encryption technology and key management techniques ... which is no 
longer a simple solution.


Thanks for highlighting the limits of the original post, either on a 
technical basis or on issues of lawmaking strategy.


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- Thierry Moreau

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Re: [Clips] Storm Brews Over Encryption 'Safe Harbor' in Data Breach Bills

2005-06-03 Thread Greg Rose

At 00:48 2005-06-03 +0100, Ian G wrote:

Just to make it more interesting, the AG of New York, Elliot Spitzer
has introduced a  package of legislation intended to rein in identity theft
including:

  Facilitating prosecutions against computer hackers by creating
  specific criminal penalties for the use of encryption to conceal
  a crime, to conceal the identity of another person who commits
  a crime, or to disrupt the normal operation of a computer;


Ah, imagine the beautiful circularity of the Justice Department using 
encryption to protect their criminal identity database from disclosure... 
or not.


Greg.

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Re: [Clips] Storm Brews Over Encryption 'Safe Harbor' in Data Breach Bills

2005-06-03 Thread Ian G
On Friday 03 June 2005 14:38, Greg Rose wrote:
 At 00:48 2005-06-03 +0100, Ian G wrote:
 Just to make it more interesting, the AG of New York, Elliot Spitzer
 has introduced a  package of legislation intended to rein in identity
  theft including:
 
Facilitating prosecutions against computer hackers by creating
specific criminal penalties for the use of encryption to conceal
a crime, to conceal the identity of another person who commits
a crime, or to disrupt the normal operation of a computer;

 Ah, imagine the beautiful circularity of the Justice Department using
 encryption to protect their criminal identity database from disclosure...
 or not.

They might have a problem with meeting the legal requirements
for disclosure if the alleged criminals were not as yet behind bars... 
I wonder if bin Laden would have an action against the Justice
Department if his file was stolen?

Anyway...

FBI Probes Theft of Justice Dept. Data
http://www.washingtonpost.com/wp-dyn/content/article/2005/05/31/AR2005053101379.html


The FBI is investigating the theft of a laptop computer containing travel 
account information for as many as 80,000 Justice Department employees, but 
it is unclear how much personal data are at risk of falling into the wrong 
hands.
Authorities think the computer was stolen between May 7 and May 9 from Omega 
World Travel of Fairfax, which is one of the largest travel companies in the 
Washington area and does extensive business with government agencies.

 
  Justice Department spokeswoman Gina Talamona said the data included names 
and account numbers from travel account credit cards issued to government 
employees by J.P Morgan Chase  Co. and its subsidiary Bank One Corp.
She said the information did not include Social Security numbers or home 
addresses that often are used by identity thieves to establish credit or to 
purchase goods in other people's names.
In addition, she said the account information was protected by passwords, 
although sophisticated hackers often can break into stored databases.
Omega World Travel officials declined to comment on how the laptop was stolen 
or other elements of the case, as did the FBI, which is investigating.
The theft is one of a spate of incidents over the past several months that 
have resulted in sensitive data on millions of U.S. consumers being stolen or 
exposed.
In December, Bank of America Corp. lost computer tapes containing records on 
1.2 million federal workers, including several U.S. senators.
Talamona said that no Justice Department worker has reported suspicious 
activity on his or her financial accounts since the incident.
The banks issuing the travel cards have placed alerts on the workers' 
accounts, Talamona said.
She added that Omega World Travel has agreed to several changes to its 
security practices, including beefing up physical security at its offices, 
conducting a computer security review and ensuring that the stolen computer 
cannot be reconnected to the firm's network.
The travel cards have not been canceled, Talamona said.

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[Clips] Storm Brews Over Encryption 'Safe Harbor' in Data Breach Bills

2005-06-02 Thread R.A. Hettinga

--- begin forwarded text


Date: Thu, 2 Jun 2005 14:18:42 -0400
To: Philodox Clips List [EMAIL PROTECTED]
From: R.A. Hettinga [EMAIL PROTECTED]
Subject: [Clips] Storm Brews Over Encryption 'Safe Harbor' in Data Breach
Bills
Reply-To: [EMAIL PROTECTED]
Sender: [EMAIL PROTECTED]

http://www.eweek.com/print_article2/0,2533,a=153008,00.asp

EWeek


Storm Brews Over Encryption 'Safe Harbor' in Data Breach Bills
May 31, 2005
 By   Caron Carlson

Spurred by the ongoing flood of sensitive data breaches this spring, nearly
a dozen states may have breach notification laws on their books by summer.
In turn, makers of security software and companies in several other
industries are pressuring Capitol Hill for a federal law pre-empting the
states' measures.

In Congress, more than a half-dozen bills requiring a range of data
security measures and breach notification rules are pending, and at least
two more are slated for introduction in coming months.


These measures-including one under consideration by Rep. Cliff Stearns,
R-Fla., and one in the draft stages by Rep. Deborah Pryce,
R-Ohio-illustrate one of the most contentious questions in the debate:
Should there be a notification exemption for businesses that encrypt their
data?

Not surprisingly, industries for the most part are pushing for an
encryption exemption to notification, a safe harbor that is included in
California SB (Senate Bill) 1386, a notification law that went into effect
in July 2003. The growing security software industry, a major ally in this
effort, is trying to convince lawmakers that when encrypted data is stolen,
the theft poses no meaningful harm to consumers.

If the data is encrypted, it's gibberish. They don't know what it is. They
can't use it, said Dan Burton, vice president of government affairs for
Entrust Inc.

Read more here about the theft of MCI data and its effect on the debate
over encryption.

Some data security experts contend, however, that an encryption safe harbor
could reduce data holders' incentives to implement strong protective
measures in the first place. Criticizing the California notification law,
Bruce Schneier, chief technology officer at Counterpane Internet Security
Inc., of Mountain View, Calif., said it lets data holders bypass disclosure
without necessarily protecting the data.


You can encrypt the data with a trivial algorithm and get around [the
law], Schneier said. If you can get around a law by doing something
stupid, it's a badly written law.

Entrust supports an encryption exemption to notification but not without
other security requirements, said Chris Voice, CTO at the Addison, Texas,
company. Like any technological approach, it's going to require more than
just encrypting the data, Voice said. I think security controls will have
to be in place regardless.

Click here to read about anti-spyware bills moving to the Senate.

Even strong encryption theoretically can be broken, but it requires
resources and effort that thieves are highly unlikely to expend, advocates
of the safe harbor argue.

That argument does not appease consumer representatives. We may not be
comfortable having our information out there, even in gibberish format,
said Susanna Montezemolo, policy analyst at the Consumers Union, in
Washington. Encryption shouldn't be the issue. We shouldn't have to define
potential harm and risk.

Acknowledging the political influence of the industries lobbying for the
safe harbor, however, Montezemolo said that a breach notification law with
a safe harbor is better than no law at all but that the safe harbor must be
narrowly tailored so as not to be an excuse for shoddy security.


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R. A. Hettinga mailto: [EMAIL PROTECTED]
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Re: [Clips] Storm Brews Over Encryption 'Safe Harbor' in Data Breach Bills

2005-06-02 Thread Ian G
On Thursday 02 June 2005 19:28, R.A. Hettinga wrote:
 http://www.eweek.com/print_article2/0,2533,a=153008,00.asp
 Storm Brews Over Encryption 'Safe Harbor' in Data Breach Bills
 May 31, 2005

Just to make it more interesting, the AG of New York, Elliot Spitzer
has introduced a  package of legislation intended to rein in identity theft
including:

  Facilitating prosecutions against computer hackers by creating
  specific criminal penalties for the use of encryption to conceal
  a crime, to conceal the identity of another person who commits
  a crime, or to disrupt the normal operation of a computer;

Full PR is here:
https://www.financialcryptography.com/mt/archives/000449.html

I'm hoping this was a trial balloon.

iang
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