Clarke: Appropriating home network identifiers is the real issue

Here is some background on the Google Street View WiFi issue by Roger Clarke, a well known Australian privacy expert.  Roger points out that Peter Schaar, Germany's Federal Commissioner for Freedom of Information, was concerned about misuse of network identifiers from the very beginning. 

I agree that the identifiers of users’ devices is the real issue.

And your invocation of “It reminds me of an old skit by “Beyond the Fringe” where a police inspector points out that “Once you have identified the criminal's face, the criminal's body is likely to be close by” does hit the spot very nicely!

You ask why the payload is getting all the attention.  After all, it was the device-addresses that Peter Schaar first drew attention to.  As I wrote here,

The third mistake came to light on 22 April 2010, when The Register reported that “[Google's] Street View service is under fire [from the German Data Protection Commissioner, Peter Schaar] for scanning private WLAN networks, and recording users’ unique [device] addresses, as the car trundles along”.

As soon as Peter Fleischer [Google's European privacy advisor – Kim]  published his document of 27 April, I wrote to Schaar, saying:

“Fleischer's document doesn't say anything about whether the surveillance apparatus in the vehicle detects other messages from the router, and messages from other devices…

“In relation to messages other than beacons, on the surface of it, Fleischer might seem to be making an unequivocal statement that Google does *not* collect and store MAC addresses.

“But:

  1. If Google's surveillance apparatus is in a Wifi zone, how does it avoid ‘collecting’ the data?  [Other statements make clear that it does in fact collect that data]
  2. [In the statement “Google does not collect or store payload data”,] the term ‘payload data’ would most sensibly be interpreted as meaning the content, but not including the headers.
  3. The MAC-addresses are in the headers.
  4. So Fleischer's statement is open to the interpretation that header data of messages other than beacons *is* collected, and *is* stored.

“Google has failed to make the statement that connected-device MAC-addresses are *not* collected and stored.

“Because Google has had ample opportunity to make such a statement, and has avoided doing so, I therefore make the conservative assumption that Google *does* collect and store MAC addresses of any devices on networks, not just of routers.”

The document sent to the Commissioners added fuel to the fire, by saying “The equipment is able to receive data from all broadcast frames [i.e. not only beacons are intercepted; any traffic may be intercepted.] This includes, from the header data, SSID and MAC addresses [i.e. consistent with the analysis above, the MAC-addresses of all devices are available to Google's surveillance apparatus.] However, all data payload from data frames are discarded, so Google never collects the content of any communications.

Subsequently, on 14 May, investigations by Hamburg Commissioner Caspar led to the unavoidable conclusion that Fleischer's post on April 27 had been incorrect in a key respect. As Eustace put it, “It's now clear that we have been mistakenly collecting samples of payload data [i.e. message content] from open (i.e. non-password-protected) WiFi networks”.

So I think there are a couple of reasons why the payload aspect is getting most of the press:

  1. The significance of identifiers isn't readily apparent to most people, whereas ‘payload’, like people's Internet Banking passwords, is easier to visualise. (Leave aside that only highly insecure services send authenticators unencrypted. Low-tech reporters have to (over-) simplify stories to communicate to low-tech readers
  2. A corporation appeared to have been caught telling fibs, constructively misleading the public and the media, and regulators
  3. That's what catapulted it into the news, and reporters feed off one another's work, so it's the payload they all focus on
  4. A final factor is that breaches of telecommunications laws may be easier to prove in the case of content than of device-identifiers.

The Australian Privacy Foundation (APF) stepped up the pressure in Australia late this week.

Firstly, we directly requested Google not to delete the data, and gave them notice that we were considering using a little-known part of the TIAA to launch an action.  That was promptly followed by the NYT's report of the Oz Privacy Commissioner saying that the Australian data is in the USA.  (The first useful utterance she's made on the topic – a month after this story broke, there's no mention of the matter on her web-site).

Secondly, we wrote to the relevant regulators, and requested them to contact Google to ensure that the data is not deleted, and to investigate whether Google's actions breached Australian laws.

 

Don't take identities from our homes without our consent

Joerg Resch of Kuppinger Cole in Germany wrote recently about the importance of identity management to the Smart Grid – by which he means the emerging energy infrastructure based on intelligent, distributed renewable resources:

In 10-12 years from now, the whole utilities and energy market will look dramatically different. Decentralization of energy production with consumers converting to prosumers pumping solar energy into the grid and offering  their electric car batteries as storage facilities, spot markets for the masses offering electricity on demand with a fully transparent price setting (energy in a defined region at a defined time can be cheaper, if the sun is shining or the wind is blowing strong), and smart meters in each home being able to automatically contract such energy from spot markets and then tell the washing machine to start working as soon as electricity price falls under a defined line. And – if we think a bit further and apply Google-like business models to the energy market, we can get an idea of the incredible size this market will develop into.

These are just a few examples, which might give you an idea on how the “post fossile energy market” will work. The drivers leading the way into this new age are clear: energy production from oil and gas will become more and more expensive, because pollution is not for free and the resources will not last forever. And the transparency gain from making the grid smarter will make electricity cheaper than it is now.

The drivers are getting stronger every day. Therefore, we will soon see many large scale smart grid initiatives, and we will see questions rising such as who has control over the information collected by the smart meter in my home. Is it my energy provider? How would Kim Cameron´s 7 laws of Identity work in a smart grid? What would a “grid perimeter” look like which keeps information on the usage of whatever electric devices within my 4 walls? By now, we all know what cybercrimes are and how they can affect each of us. But what are the risks of “smart grid hacking”? How might we be affected by “grid crimes”?

In fact at Blackhat 2009, security consultant Mike Davis demonstrated successful hacker attacks on commercially available smart meters.  He told the conference,

“Many of the security vulnerabilities we found are pretty frightening and most smart meters don't even use encryption or ask for authentication before carrying out sensitive functions like running software updates and severing customers from the power grid.”

Privacy commission Ann Cavoukian of Ontario has insisted that industry turn its attention to the security and privacy of these devices:

“The best response is to ensure that privacy is proactively embedded into the design of the Smart Grid, from end to end. The Smart Grid is presently in its infancy worldwide – I’m confident that many jurisdictions will look to our work being done in Ontario as the privacy standard to be met. We are creating the necessary framework with which to address this issue.”

Until recently, no one has talked about drive-by mapping of our home devices.  But from now on we will.  When we think about home devices, we need to reach into the future and come to terms with the huge stakes that are up for grabs here.  

The smart home and the smart grid alert us to just how important the identity and privacy of our devices really is.  We can use technical mechanisms like encryption to protect some information from eavesdroppers.   But not the patterns of our communication or the identities of our devices…  To do that we need a regulatory framework that ensures commercial interests don't enter our “device space” without our consent.

Google's recent Street View WiFi boondoggle is a watershed event in drawing our attention to these matters.