Statement on Bloomberg News story that NSA knew about the “Heartbleed bug”
icontherecord.tumblr.com
icontherecord.tumblr.com
As a bit of internal jargon, the NSA only considered information 'collected' when an analyst looked at it. So, they could record & store bulk data about all Americans, but still claim (with a secret wink) that they didn't intentionally "collect" data on Americans.
Maybe for them, 'vulnerability' means both "the bug exists" and "bad guys know enough to exploit it". After all, if a tree falls in the woods, and there's no one there to hear it, does it make a sound?
This definition even makes sense, if you have an advanced, economic and strategic understanding of security as something that's a matter of relative priorities and dynamically-changing situations. There are plenty of bugs, known and unknown, in all software. Perhaps they only count as 'vulnerabilities' when they're practically exploitable, and practical exploitation has as an absolute prerequisite, discovery by malicious actors. (On the other hand, when we, "the good guys", discover the bug, it's not a vulnerability: it's an asset! Search for [NOBUS NSA] for more reporting about this style of reasoning.)
Still, using such a fine-grained bit of internal jargon, even if it makes sense among people who share your terms, is deceptive if used to hoodwink the public and Congress, exactly as the 'collect' finesse definition was long used.
Wouldn't be the first time.
See, now we have complete set of possible answers! So, what does it means when NSA officially announces something? I'd say, it means nothing.
Maybe they didn't know. But we certainly do not have the right to know if they did know or not. This means something.
For the money they get, and the supposed "Cyber Command" mission, they should have a team of great auditors, and advanced tools, that's much larger and more competent than the volunteer OpenSSL team itself. This group should go over all similar code multiple times with a magnifying glass.
Otherwise, what's the point of the NSA & Cyber Command, on its own stated terms?
Or perhaps the "private sector cybersecurity report" was a IRC chat two years ago for l33t haxors.
http://www.slate.com/articles/news_and_politics/war_stories/...
Unfortunately on HN anything NSA related is going to devolve into conspiracy theory groupthink these days vs. actual rational discussion that the NSA is not all knowing (unlike every other government agency which is apparently incompetent).
Edit: Question for you - do you think there isn't a conspiracy here? Do you think the public has all the information about the legality of the executive branches activities? Because it sounds like Clapper was lying to cover his ass - but that's just conspiracy think.
Edited to add: Or at least, the decision to break the law. Which law may have been decided later.
Keep in mind that this was a program that everyone on the intelligence committee had already been briefed on. You could make the argument that he misled the American public, but not Congress. Also note that since the intelligence committee knew about the program, any one of the members could have also issued a public statement clarifying the situation, but they didn't.
People liked to harp on Clapper, but Wyden was the one who, instead of just telling his constituents himself (he wouldn't be subject to prosecution, but might have been kicked off the intelligence committee) or putting forth legislation restricting Section 215 collection, decided to put the DNI in the position of either violating the law by disclosing a classified program or telling the American public the "least untruthful" statement.
[1] http://mobile.nytimes.com/2014/01/04/opinion/testimony-of-th...
Note that there is again a flagrant lie in the GC's writing there - "Mr. Clapper [...] focused his mind on the collection of the content of Americans’ communications. In that context, his answer was and is accurate." We know now that this is only close to true in any sense with the disingenuous and misleading definition of "collect" the NSA uses - which has no place in ordinary English and deserves no place in legal opinions. Of course, lying in a letter to the editor to the NY Times isn't a crime, but if the GC has no compunctions about wilfully misleading the reader I'm highly skeptical of their other claims.
It's more than a little odd that he wouldn't have looked at the questions in advance - he knew this was a public forum, in which providing the most correct information while not leaking anything seems an important part of his job, and is likely to take some care and forethought.
"Keep in mind that this was a program that everyone on the intelligence committee had already been briefed on. You could make the argument that he misled the American public, but not Congress."
Most of Congress is not on either intelligence committee. Whether misleading them is correct is a deeper discussion, but if the answer is "no" then I think it's fair to say he mislead Congress as well as the American public.
In any case, I agree that Wyden's approach here has been a little odd, though I at least appreciate the direction he's been pushing.
Was his answer misleading? I definitely agree with you there. Was it a lie? That would imply that it was deliberate, which is tough to prove. He's gone on the record saying that he misunderstood the question and tried to correct it after the fact[1]. If it was deliberate, why lie directly to people that he knows know the truth?
I don't see a flagrant lie in the GC's writing. That quote goes back into the content/metadata issue. There hasn't been any leak so far showing content collection of Americans' communications. All of the debate in Congress regarding these programs has centered around bulk metadata collection. The issue everyone brings up when they accuse Clapper of perjury is the content/metadata issue, not the definition of collection. I haven't seen any government official denying that the NSA collects American cell phone metadata (besides this one instance with Clapper, which he admitted was erroneous).
[1] http://www.lawfareblog.com/wp-content/uploads/2013/07/2013-0...
First, the metadata distinction is absurd in this context. The question asked was "Does the NSA collect any kind of data at all on millions or hundreds of millions of Americans." Data on whether I call my mother every Friday is clearly data about me.
Second, even granting the metadata distinction, it's still false using any reasonable definition of "collect". Garbage men collect my trash by putting it into trucks and dumping it in a big pile. Numerous programs have been revealed under which the NSA is reading content of the communications of Americans and storing it in a database. Using "collects", precisely defined, in a way different than the rest of the world uses it in legal opinions and internal memos is possibly iffy but I don't think clearly unacceptable; using it that way with no clarification or definition in a communication directed at people predominately unfamiliar with the distinction you're drawing is nothing but a lie. "Honey, I wasn't lying when I said I didn't cheat on you. I know I slept with my secretary, but the way I use the word 'cheat' it only applies if I cook her breakfast afterwards." The testimony at the congressional hearing may have been such a communication; the opinion letter in the NYT was clearly so.
http://en.wikipedia.org/wiki/Mu_(negative)#.22Unasking.22_th...
An interesting take on the matter is at http://joelbrenner.com/clapper-and-wyden-scenes-from-a-sandb...
But whether Clapper objected or not, Sen. Feinstein apparently got an inkling the question would be asked, as she made clear at the start of the session that there would be a closed hearing immediately afterward for questions that couldn't be discussed in an open forum.
And since Wyden and Udall both knew the actual answer, if they were so convinced the answer should be made public then either could have simply put it in the Senate record thanks to their Constitutional privilege and taken the risk that would come with that. Instead the risk was shifted entirely onto the public servant who didn't have Constitutional immunity from prosecution.
"And since Wyden and Udall both knew the actual answer, if they were so convinced the answer should be made public then either could have simply put it in the Senate record thanks to their Constitutional privilege and taken the risk that would come with that."
Agreed, and I would think more highly of them if they had. I'm not sure what the game was. That still does not change the fact that Clapper is guilty, though.
That makes no sense whatsoever. One does not simply refuse to show up to testify to Congress! I mean, if you want to talk about things which are disastrous for a democracy, having the Executive routinely ignore their responsibility to testify on their actions to the Legislature would be right up near the top of the list!
> That still does not change the fact that Clapper is guilty, though.
Of course not, that was the whole idea. If he had told the truth you'd be able to rightly say "That still does not change the fact that Clapper violated his oath, though". There's a reason that he isn't being charged with anything, unlike Helms before him.
Of course it makes sense. If the questions were pre-approved as I stated, he would not have had to refuse to show up in order to avoid being put in this situation. He would simply have had to not approve the question - which would have been the most in line with his obligations and least misleading to the rest of congress and the American people.
There is apparently some dispute as to whether the questions were, in fact, pre-approved. But as you hadn't contested it, I think it's fair that it remain the assumption for this sub-thread.
So, should the NSA decide that there is a national security interest or law enforcement need, they will not disclose such vulnerabilities. Given their past behavior and explanations for what was considered acceptable compromise for national security, I am not particularly reassured by this statement.
Yes, it's good that they weren't hoarding this particular exploit. But, they have clearly not denied being in possession of other exploits; they've only said that the ones they might hold would be because of national security or law enforcement need.
I don't particularly trust the NSA, but this example probably exists.
Did you try to fix any vulnerabilities?
No, we did not look for or find any vulnerabilities in the course of our work. We only changed enough to add our new mechanisms.
The law should restrict things to "any current specific known need". Need should be singular and said need must be related to a specific issue or case already under investigation or surveillance. Any language more loose than that leaves open far too much room for interpretation.
They should literally maintain a list of targets they want to infiltrate and that list of targets needs to be open to being audited at some point in the future shortly after the related mission for a target is complete. They should not be allow to apply the vulnerability to any new target identified after the date upon which vulnerability was discovered. These countermeasures would go a long way to prevent abuse since they can't now look at it as a weapon in their arsenal to exploit as they see fit for any future mission.
wow, those two caveats are broad enough to remove any real meaning from the process.
This is my big point from the other thread. If NSA knew then not disclosing this type of serious bug should get someone's head to roll as it could imperil the security of other important USG communications.
That still leaves open the question of why NSA wasn't able to find this bug themselves though -- you'd think they'd be looking for bugs related to the introduction of new features into OpenSSL.
Yeah, right.
"Oh, and we're under strict oversight, too!".
Does anyone have a historical list of critical government websites and their web server versions? An old nmap list would suffice to show that high-priority sites were vulnerable or not.
Very nice! In just one sentence you have completely discredited the ODNI release.
The fourth paragraph says there is a "reinvigorated" process for deciding whether it is or not.
Obviously the fourth paragraph is more correct -- is the third paragraph just there for an easy inaccurate quote?
How come, so far, only one person has thus far come forward with ANY evidence that might demonstrate a knowledge of this bug before it was discovered?
I just find it depressing how ready the media is to jump on the NSA for things they may not have done. There's plenty to work with in the realm of things they did do, why draw conclusions before there's evidence? So far I've yet to see a static analysis tool that would have caught this, and I don't have any reason to believe the NSA is hand-searching code for vulnerabilities.
So, I have no idea if the NSA knew about this before or not but your typically configured webserver won't store these in access.log. Also, all the network stuff in between typically won't log SSL traffic(since it's just binary blobs without the private key)
I don't like journalism and such, but I think it's OK in this case and I don't find it a bit depressing, maybe even otherwise. Why? Because we should be aware. Always. There's no sense in blaming NSA for something. It's stupid to blame spies for spying. There's no sense in saying something they do is immoral, because it couldn't stop them from doing it. So if you care about them doing something wrong the only way to stop it is to make it impossible. If you don't want NSA to know some data that belong to you — you are enemies, because NSA wants to know anything. And it's OK. It's what they are for.
You obviously cannot prevent what already happened, you can only try to fix the consequences and be more careful in the future. So it's always sensible to assume NSA knew about any single security bug discovered for a long time. And nobody can possibly know if something is true about NSA's knowledge (maybe even not NSA themselves). So even if it's not true — spreading rumors about it is completely fine I guess.
I don't know how common the "extensive TLS-layer traffic logs" the EFF is soliciting are. I know I don't collect these.
I'd imagine the NSA would use such things fairly sparingly so as to not blunt their swords. Using it willy-nilly increases the chances of someone going "huh, that's odd traffic" and discovering it.
it is in the national interest to responsibly disclose
the vulnerability rather than to hold it for an
investigative or intelligence purpose.
Or to read that differently "The intelligence community would disclose 0days rather than use them as weapons"."Any 0day has an obvious national security interest in being responsibly disclosed and fixed".
That's not a very direct affirmation though, merely an "interest"... the caveats show up at the end, but even that is at least honest.
You'd be crazy if you thought NSA would disclose a server 0day that e.g. affects only websites running under a Russian locale, when those websites are known to be used by the Russian armed forces bordering Ukraine. That's the type of thing which could be useful to NSA while having practically nil effect on U.S. infrastructure.
As for the second question, yes, it does seem strange.
The reality is that we'll never get the truth out of them, and it doesn't matter anyway because nothing they say can be believed. They might as well never say anything. Assume that they have intercepted all of your traffic and have dumps of your RAM, and act accordingly.
This is clearly now true for many of us.
I wonder how true it's becoming for the people to whom the NSA provide their information? When Clapper happily uses phrases like "the least possible untruthful answer" when explaining to congress why he said "No" when the answer was "Yes", I can't help but wonder if the FBI/CIA/Pentagon/President/B-613 are starting to question/disbelieve every word that comes out of the NSA?
http://arstechnica.com/security/2013/09/the-nsas-work-to-mak...
Second:
"When Federal agencies discover a new vulnerability in commercial and open source software – a so-called “Zero day” vulnerability because the developers of the vulnerable software have had zero days to fix it – it is in the national interest to responsibly disclose the vulnerability rather than to hold it for an investigative or intelligence purpose."
This is demonstrably false. That's not even a point of debate, by their own admission.
The whole statement is worthless.
That was my first reaction too. I'm probably late to the party on this, but when I saw the tumblr domain I thought it was some kind of satire at first.
I see numerous disclosures from technology companies, security researchers in industry and academia... but for the life of me, I can't recount an instance in which a disclosure came from intelligence-community researchers. Is there any historical evidence of disclosures from the NSA to the open-source community?
I would suspect that NSA would want to conceal the fact that the disclosure came from them.
I don't know of better examples though.
As a top-notch surveillance organization in a top-notch surveillance state, I've come to expect more from the NSA. If their job is to protect my wimpy life from those rowdy terrorists, they should be at the forefront of all hacking activities and it's really disconcerting that they didn't introduce the bug into the code in the first place. A vulnerability that big deserves a big brother to protect it.
On a more serious note, the NSA is segmented and unaccountable ... I doubt anyone including the director can make a blanket statement guaranteeing that it has or has not done something. In the next installment of the NSA saga, a reporter with access to the Snowden documents will find proof that this is a lie.
Strong suspicion that the a federal agency would withhold vital info about Heartbleed is a direct result of the shocking revelations of mass-surveillance.
I believe the sentiment expressed around this issue is not entirely contained to Heartbleed.
This is about distrust of the federal government to make good administrative decisions around highly technical issues that affect the public. Keep in mind Kathleen Sebelius just resigned largely due to optics around IT management failures.
Widespread distrust of federal organizations ability to manage technology appropriately will only erode faith in federal government as a whole. That's not a good problem to have.
I suppose the NSA counts that as "a clear national security or law enforcement need."
Does legislation that can't be summarized in a clumsy acronym ever get passed? I can just imagine cabinet meetings: "Sure, world peace is a nice idea, but we can't think of terrible enough acronym for it, so we've decided against it."
Like all of the exploits used in their "FOXACID" program?
This statement isn't worth the memory it's stored in.