Wager Mage
Wager Mage
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But WhatsApp is unique in how quickly it can produce data to law-enforcement agencies in response to a so-called pen register — a surveillance request that captures the source and destination of each message for a targeted individual.
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Read More »WASHINGTON — As Apple and WhatsApp have built themselves into multibillion-dollar behemoths, they’ve done it while preaching the importance of privacy, especially when it comes to secure messaging. But in a previously unreported FBI document obtained by Rolling Stone, the bureau claims that it’s particularly easy to harvest data from ’s WhatsApp and Apple’s iMessage services, as long as the FBI has a warrant or subpoena. Judging by this document, “the most popular encrypted messaging apps iMessage and WhatsApp are also the most permissive,” according to Mallory Knodel, the chief technology officer at the Center for Democracy and Technology. Facebook’s Mark Zuckerberg has articulated a “privacy-focused vision” built around WhatsApp, the most popular messaging service in the world. Apple CEO Tim Cook says privacy is a “basic human right” and that Apple believes in “giving the user transparency and control,” a philosophy that extends to the company’s wildly popular iMessage app. For journalists, activists, and government critics who worry about government mass surveillance and political retribution, secure messaging tools can mean the difference between doing their work safely or facing imminent danger. While the FBI document raises no questions about the apps’ abilities to keep out hackers and snoops-for-hire, the paper does describe how law-enforcement agencies have multiple legal pathways to extract sensitive user data from the most popular secure messaging tools. The document — titled “Lawful Access” and prepared jointly by the bureau’s Science and Technology Branch and Operational Technology Division — offers a window into the FBI’s ability to legally obtain vast amounts of data from the world’s most popular messaging apps, many of which hype the security and encryption of their services. The document, dated Jan. 7, 2021, is an internal FBI guide to what kinds of data state and federal law-enforcement agencies can request from nine of the largest messaging apps. Legal experts and technologists who reviewed the FBI document say that it’s rare to get such detailed information from the government’s point-of-view about law enforcement’s access to messaging services. “I follow this stuff fairly closely and work on these issues,” says Andrew Crocker, a senior staff attorney on the Electronic Frontier Foundation’s civil-liberties team. “I don’t think I’ve seen this information laid out quite this way, certainly not from the law-enforcement perspective.”
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Read More »While Apple describes iCloud as an encrypted service, it comes with a giant loophole. Apple holds an encryption key that can unlock user data in iCloud, and so police departments or federal agencies can request that key with a search warrant or a customer’s consent to access certain user data. “You’re handing someone else the key to hold onto on your behalf,” says Mallory Knodel of the Center for Democracy and Technology. “Apple has encrypted iCloud but they still have the keys, and as long as they have the key, the FBI can ask for it.” An Apple spokesman declined to comment on the record and referred Rolling Stone to Apple’s legal-process guidelines, which describe the kinds of data the company hands over to law enforcement under certain circumstances. Daniel Kahn Gillmor, the ACLU senior staff technologist, says Apple has the ability to implement end-to-end encryption for iCloud. But the company reportedly abandoned plans to do so after federal law-enforcement agencies put pressure on Apple, saying fully encrypting iCloud backups would interfere with the government’s investigative abilities. “For cloud-based backup providers, they could if they want to lock themselves out of their users’ data,” Gillmor says. “iCloud has not made that choice for iMessage backups.” There are several messaging apps listed in the FBI document for which minimal data is available to law enforcement without the actual device in hand. Signal will provide only the date and time someone signed up for the app and when the user last logged into the app. Wickr will give law enforcement data about the device using the app, when someone created their account, and basic subscriber info, but not detailed metadata, the FBI document says. And that imbalance raises questions about the complaints from law-enforcement agencies about secure and encrypted messaging apps interfering with their ability to investigate crimes. Wessler of the ACLU says the FBI’s “Lawful Access” should act as a reality check the next time police officers or FBI officials insist that encrypted messaging hampers their work. “As we can see, [those complaints are] completely overblown and not representative of how much information they continue to have access to even from these encrypted communication platforms,” he says. Property of the People, a Washington, D.C.-based nonprofit transparency group, received the document via a Freedom of Information Act request and shared it with Rolling Stone. “Privacy is essential to democracy,” says Ryan Shapiro, Property of the People’s executive director. “The ease with which the FBI surveils our online data, mining the intimate details of our daily lives, threatens us all and paves the way for authoritarian rule.”
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