DHS: Attempt To Protect Our Privacy

In late July, we spoke about protecting your data against industrial and foreign espionage in light of travelers possibly going to Beijing for business or the Olympics.

Okay, the US government did not come out and name China but we all knew who they were talking about, our future industrial overlords.  Seriously.  Little did we know that similar things would also be taking place within US borders.

Essentially, we have to relinquish our laptop and any electronics with storage capability to border agents at their wills.  The following are Onxo posts about this serious matter:

• DHS:  Storage Media Seizure 
• Homeland Security:  Your Data Is Free Game
• Directive Issued to Customs Agents and Officers

Ars Technica has reported there is now an attempt to curtail this open-ended access to our data at borders, H.R. 8669.   We'll provide our own analysis after we review the bill in more detail.  So, what will it do?  It won't stop such searchs and seizures.

• Rules on information security - imagine the nightmare of that "oops, I lost my government issued laptop" excuses or unsecured servers.
• Days a device can be detained.
• Ability to report abuses.
• Owners of data or devices may be present during searches.
• Impact studies in privacy and civil liberties.

As toothless as this bill is, we are in an election year and no one will want to appear weak in light of patriotism and national security issues playing promptly in the hotly contested Presidential race.   It's interested the sponsor, Loretta Sanchez, a Democratic in the Republican stronghold of Orange County in Southern California, did this during her own re-election.

Pretty gusty if you ask me.

Mobile Seizures By Customs (Follow-Up)

Over the weekend, we dove into the issue regarding the new power Customs and border agents gained through new policies implemented by the Department of Homeland Security.

As reported, agents may seize portable devices such as laptops at border-crossings for undetermined time and without suspicion.  Here is the summary of the directive as issued by the government:

"This policy provides guidance to US Customs and Border Protection (CBP) Officers, Border Patrol Agents, Air and Marine Agents, Internal Affairs Agents, and any other official of CBP authroized to conduct border searches (for purposes of this policy, all such officers and agents are hereinafter referred to as "officers") regarding the border search of information contained in documents and electronic devices.  More specifically, this policy sets forth the legal and policy guidelines within which officers may search, review, retain, and share certain information possessed by individuals who are encountered by CBP at the border, functional equivalent of the border, or extended border.  This policy governs border search authority only, nothing in this policy limits the authority of CBP to act pursuant to other authorities such as warrant or a search incident to arrest."

The purpose of the new policy is to allow CBP to ensure travelers are in compliant with federal laws.  While many news outlets are reporting about digital media being examined, copied, and potentially shared with other federal apparatuses, documents, books, and other non-electronic entities are also subject to searches.  This is for the purpose of "detecting information concerning terrorism, narcotics smuggling, and other national security matters; alien admissibility; contraband including child pornography, monetary instruments, and information in violation of copyright or trademark laws; and evidence of embargo violations or other import of export control laws".

While I applaud the sacrifice and hard work that our law enforcement officers do on a daily basis, this may lead us down the path towards that fine line between an open democratic society and the ones we've seen in the Soviet Union where movements of citizens are closely monitored.  At the very least, we are now a free society with a asterisk, that so long as we allow the government to know what we're reading, watching, and where we are at all times.

What is the next step?  Report who we talk to and what others say?  With GPS and location-based so prevalent in our mobile devices like the iPhone and and smartphones, wireless providers be required to log all our movements?  Remember, telecommunications companies have received blanket immunity from the federal government from prosecution and law suits.

Note:  CBP has indicated it "will protect the rights of individuals against unreasonable search and seizure".  As we look deeper into this issue, we will see how CBP plans to do just that.  Are we simply believe to believe this or is there a mechanism in place to ensure privacy and violation of the Bill of Rights?

Without a robust check in place, we all know we are the whim and mercy of any Border agent and the policy is ripe for abuse.

More follow up to coming.  Here are some related articles:

• Homeland Security:  Your Data Is Our Data?
• DHS:  We'll Stop Data From Coming Through on Storage Media Only
• CNET - Homeland Security:  We can seize laptops for an indefinite period.
• eWeek - Chertoff Thumbs Nose at Congress
• Association of Corporate Travel Executives
• IOC Kowtows to Beijing - Chinese government allowed to redefine freedom of press

Weekend Update and the Week Ahead

This weekend was suppose to be a slow one but the Department of Homeland Security gave us something to talk about.  A recent court decision ruled in favor of DHS' contention that laptops and other digital media were fair game, just like other luggage, subject to checks at US borders.  Thus, a disturbing directive from DHS has granted Customs agents the ability seize laptops and its data.  In fairness, it is an attempt to stop terrorists and contraband smugglers.  Of course, the government has yet to say anything about the same data they seize for analysis, whether it contains legal or illegal information, coming into the country through the Internet.

During the week, Onxo blasted IOC's capitulation to Beijing for allow the Communist government to redefine the meaning of free press for the rest of the world.  We also offered some important information for mobile warriors go overseas for business or leisure who may also be subject to espionage.  The same information also how applies to the new directives from DHS.

On lighter matters, we discussed the following:

• Midori - Microsoft's brand new OS coming in 2010 (but they really mean 2014)
• We think Microsoft should look in the mirror for the reason why they missed their Windows Mobile shipment target and why we think they may have done just that with a potential mobile surprise this fall.

Onxo Mobile Tips:

• How to save battery life on your mobile device.  This was covered two weeks ago but it is one of our most read articles.
• Avoid Losing Your Laptops (or forgetting you had a laptop with you at any time).
• Syncing iCal with Google Calendar (also Google Calendar with Outlook).
• How to get free WiFi at Starbucks or other ATT access points.

For the coming week, we'll discuss more about natural disaster preparations for mobile workers.  We'll sharing with you the changes in telecommuting for the American workforce.    This matter with the Department of Homeland Security will remain a focus and we want to make sure things are as they appear and report the facts before we overreact (we might do just for the fun of it).  

Also, we're hoping for more information from Blackberry, Samsung, and Sony on what's ahead for them for the month of August/September.  Microsoft missed their Windows Mobile sales target.  We think Redmond bares watching and not just what new iPods Apple may or may not be waiting in the wings.  

We want to know more about Android and what apps we can expect.  Maybe we'll have some comparisons with what the iPhone apps offering are so far.  

See you Monday!

Homeland Security: Your Data Is Our Data

CNet is reporting a new directive issued by the Department of Homeland Security providing its Customs personnel the authority to seize laptops (or other mobile devices for that matter) and analyze data on these devices at border checkpoints.  Yes, they would also have the authority to copy the data contained in the devices they seize.

The goal is to collect intelligence against terrorists and other criminals.  Presumably, DHS mean contraband smugglers and copyright violators but with such sweeping power, it is only one step from whole data seizure and giving the government's intelligence apparatus to categorize and store any and all data.

Senator Russell Feingold find this new policy "alarming" (as do we at Onxo and you) and plans to introduce a bill to stem the power granted by the new DHS directive to seizure of of data at borders only with reasonable suspicion.

We've provided a list of other articles on this alarming matter:

• BoingBoing has a link to a NY Times Editorial on this matter.
• eWeek's take on this matter.
• Baltimore Sun
• Association of Corporate Travel Executives  - a bill was introduced in Congress by Congresswoman Zoe Lofgren of California to regulate the DHS on seizures of electronic equipments at US borders.  It is known as HR.  6588.  
• Finally someone from the mainstream media:  Yahoo News (Reuters)
• ABC NEWS:  Senators questions Seizures
• ABC NEWS:  Electronics subject to search at borders

Related Cyberthreat and Censorship Articles:

• IOC and China Gets Gold for Censorship.  New definition of freedom of the press.
• When we offered a very important tip on cyber security and thift from DHS on Thursday, we did not realize American mobile warriors would have to use it against US government.

Impact:  We don't know where to begin.  We need to keep any eye, many with your help, on this matter.   We have nothing to hide.  We go about our daily business and we only want to live the American dream.  Regardless of your personal political views on the war on terrorism, the sacrafices to civil rights and privacy of this magnitude is just too much.  

Note:  Onxo is studying this matter and will have more information as we uncover them.  This is a few web articles and we want to fair and responsible in report this very important issue from multiple angles.  We always welcome suggestions and comments on/about Onxo.

Cyber Threats: Just Some of the Time?

I recently read a WSJ report, about cyber security in light of the Olympics.  For some traveling to Beijing for the games, as spectators or those seeking business opportunities, they may take with them laptops, smartphones, or digital storage media.  Pay attention.

WSJ reported that a debate had taken place whether to warn the public of the danger posed by Chinese hackers.  Let me put the debate to rest.  I'll do it here and now.  Okay, it's public.  But shouldn't cyber security be a year round threat and not just during the Olympics in China?

And it's not just Chinese hackers we need to be wary of.  How about being wary of hackers in general?  Despite the paralysis suffered by the US government on this issue, the Department of Homeland Security has issued warnings of cyber threats against mobile workers who travel overseas.  Because the threat was not specific, this alert was not made public.  


The WSJ article came out before it was made public of the IOC's deal with the organizers of the Beijing Games to allow the Chinese government to implement Internet censorship it deemed not related to the Olympics, cutting off thousands of journalists off at the knees.  

Somtimes bloggers to reprint materials from other sources, I have reservations about copyright ownership.  So I will offer links to pertinent information instead of posting the relevant information here.  I apologize for the inconvience :)

I've included the Homeland Security assessment here.  I hope WSJ will make this perpetually available to the general public.  It is a 3-page PDF file that described key finds as follows:  foreign powers targeting Americans traveling abroad with the goal of fathering "economic, military and political information".  Essentially, viruses, trojan horses, or exploitations of any security holes will be pursued to that end.  Even trickery.  

I think the report is right in not mention any specific foreign state or body that poses as a threat.  This is not just a matter of the Olympics because cyber security threats exist all year around all over the world.  Here are the highlights of the report:

• Travelers are to assume that they will be unable to protect their data that they may transmit over the Internet.
  
• Expect no privacy.  You're always a potential target.
• Expect all transmission to be intercepted.  
• Expect viruses, malware, and spyware to be installed at all ports of electronic access - cafes, hotels, etc.  And expect all portal media to be infected if they were connected to to these access points.  
• Assume foreign authorities may find an excuse for inspections of laptops or portal media for the sole purpose of copying information.  

I stated those main points to highlight what a mobile worker could be up against.  The later part of the report, "protective measures", offer tips on what to do to avoid being a victim of information theft.  The gist of the report recommendation is this:  use common sense.  

• If you don't have to bring your laptop overseas, leave it at home. 
• Assume your portal media is infected with malicious software.  Plug it into your network back home can make things worse.
• Use the best encryption available to you to protect your data.  

While I generally believe in our government's ability to provide for the common defense and against terrorism, I believe it our duty to be pro-active in matters where it's within our control.  I hope the information and guidelines help you protect your data whether you're a mobile warrior in the private or public sector.


The US Cyber Consequences Unit also offered a similar guideline to protect your data.  They help you assess whether you are a potential target of cyber theft, how to do a presentation without a laptop, and how best to secure your portable devices.  Also for your consideration:

• USCCU Laptop Travel Guidelines
• USCCU Cyber-Security Check List (also available in German/Italian)

I understand the sensitive geopolitical nature of making such an announcement so close to the Games.  I'll leave the politics to the politicians.  Luckily for the rest of us, we don't have to worry about that.