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FBI's ability to legally access secure messaging app content and metadata [pdf]

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Re: FBI's ability to legally access secure messaging app content and metadata [pdf]

#171
post #46

I'm wondering how this was obtained, and how old this is? For WhatsApp: > if target is using an iPhone and iCloud backups enabled, iCloud returns may contain WhatsApp data, to include message content Probably not true since WhatsApp launched encrypted backups.

Reading the document answers this for you: It is a declassified government document originally produced by the FBI and was prepared on Jan 2nd, 2021.

Re: FBI's ability to legally access secure messaging app content and metadata [pdf]

#172
post #136

Earlier quoted context omitted.

Apple should allow for 2 PWs, one the real PW, the other triggers a "self-destruct" mode. Knowing that is possible law enforcement would then hesitate to ask.

using such a self-destruct mode would be a certain way getting yourself charged with destroying evidence/contempt of court/... though.

i was under such duress that i was shaking so badly that i made typos in my 30 character password 10 times. the loss of evidence is not my fault as it is the people putting me under that duress. don't think it'll hold up though

Re: FBI's ability to legally access secure messaging app content and metadata [pdf]

#173
post #162

This seems like a good place to say that I strongly recommend Yasha Levine's Surveillance Valley book ( https://www.goodreads.com/book/show/34220713-surveillance-va... ) where he suggests that all of this is working as intended, going all the way back to the military counter-insurgency roots of the arpanet first in places like Vietnam, and then back home in anti-war and leftist movements. The contemporary themes that…

"are the fact that current privacy movements like Tor, Signal, OTF, BBG are fundamentally military funded and survive on government contracts."

Are those "facts" avaiable for investigating, without having to buy the book?

(that Tor is partly US administration funded is known, but Signal? And what is OTF and BGG?)

Re: FBI's ability to legally access secure messaging app content and metadata [pdf]

#174
post #6

It says Telegram has no message content. Isn't telegram not E2EE by default, instead required explicit steps to make a conversation encrypted? Either way looks like Signal wins by a lot. The size of it spot is so small, it seems almost squeezed in. But only because they have nothing to share.

This chart is showing what messaging providers are willing to give to law enforcement, not a reflection of the technical capabilities of the messaging provider.

I assume what they're showing for Telegram (basically no data except IP/phone data if Telegram decides it's for a legit counter-terrorism activity) is a matter of Telegram business policy.

Signal gives the limited information they do because I assume they are subject to warrants from U.S. courts. Telegram is run, to my understanding, from jurisdictions where enforcing a U.S. court order would be difficult-to-impossible, and they keep the private keys to decrypt their stored message content split between servers in relatively non-overlapping legal jurisdictions, so even a successful seizure of data in one wouldn't be enough to decrypt message content.

That's all well and good -- and I appreciate Telegram for setting things up that way -- but that means at any time Telegram could make a policy decision to cooperate with law enforcement and provide much more than what is shown on this chart. Signal, on the other hand, could choose to cooperate as much as they want but not have the technical capability to provide more information. (Barring them updating their client to intentionally build in a backdoor, etc., but I'm basing this on what the current implementation is.)

The other important thing about this chart: this is the unclassified version. Is there another classified document out there which says "we have a secret relationship with Telegram/whomever and they give us all the message content we want" but they don't advertise to the law enforcement community at large? They secretly use it to aid in parallel construction so they don't ever have to reveal that a messaging vendor is giving them message content in court? We have no idea.

tl;dr: Telegram looks great on this chart because of policy, not technology. I love Telegram, but I'm under no illusions that it's appropriate for talking about things I wouldn't want law enforcement to have access to. Luckily, I haven't found myself needing to talk to my friends about illegal activity.

Re: FBI's ability to legally access secure messaging app content and metadata [pdf]

#175

They left off one very popular messenger, SMS: * Message content: All * Subpoena: can render all message content for the last 1-7 years * 18 U.S.C 2703(d): can render all message content for the last 1-7 years * Search warrant: can render all message content for the last 1-7 years * Vague suspicion plus a small fee to the carrier: can render all message content for the last 1-7 years

You forgot email... and they don't need a warrant for messages older then 180 days if in the cloud (they never delete them, too): https://www.consumerreports.org/consumerist/house-passes-bil...

Re: FBI's ability to legally access secure messaging app content and metadata [pdf]

#176

Isn’t this simply imaginary, where in practice all the FBI has to do to up the ante is to request military-grade interception from a willing foreign counterpart?

Can't the FBI do a Pegasus style remote access thing on an appropriate warrant themselves?

Seems like it. And can they also do it without an appropriate warrant [by asking someone else]?

Re: FBI's ability to legally access secure messaging app content and metadata [pdf]

#177
post #162

This seems like a good place to say that I strongly recommend Yasha Levine's Surveillance Valley book ( https://www.goodreads.com/book/show/34220713-surveillance-va... ) where he suggests that all of this is working as intended, going all the way back to the military counter-insurgency roots of the arpanet first in places like Vietnam, and then back home in anti-war and leftist movements. The contemporary themes that…

Yasha Levine is a conspiracy theorist hack. There’s really no other way to say it. His narrative is attractive to a left leaning audience with shallow knowledge in this area, but the reality is that without publicly funded software like Tor, Signal, OTF, and my own Lantern, our world would be more fully saturated with corporate control of the internet. We need more public funding for open source software (with public security audits, mind you), not less. Without them, we’d basically be left with Wikipedia as the only popular entity on the internet outside of corporate control.

All of these projects are more properly grouped with government funding in other spheres, such as the BBC or PBS in media, than they are with the surveillance state or the NSA. Levine overlooks basic details, such as reproducible builds, that quickly collapse the house of cards that is his narrative. He tries to paint them all with the NSA brush, when, in fact, they’re simply projects that have historically received some of their funding from the government while fulfilling missions with extraordinary humanitarian benefits. Levine’s own knowledge and experience in this area is shallow. Look elsewhere.

Re: FBI's ability to legally access secure messaging app content and metadata [pdf]

#178
post #82
post #6

It says Telegram has no message content. Isn't telegram not E2EE by default, instead required explicit steps to make a conversation encrypted? Either way looks like Signal wins by a lot. The size of it spot is so small, it seems almost squeezed in. But only because they have nothing to share.

Telegram is encrypted OVER THE WIRE and AT REST by default with strong encryption no matter what you do. It's E2EE if you select private chat with someone. Lots of FUD out there there about Telegram not being encrypted that's just not true. There's nothing either side can to do send a message in clear text / unencrypted.

"Encrypted OVER THE WIRE and AT REST" means that telegram has easy and unfettered access to chat logs. So they can give it up to authorities. (I don't argue that they DO, just that they very much CAN).

This is proven by an extremely simple experiment: you log in on your new phone, enter password and instantly see all chats.

Another simple experiment points that chats are unlikely to be even encrypted at rest is that Telegram has an extremely fast server side message search. You log into a web client, half a second later you can type a search query and uncover chats from years ago.

Re: FBI's ability to legally access secure messaging app content and metadata [pdf]

#179

Earlier quoted context omitted.

The people responsible for investigating and prosecuting such crimes have some not so great incentives to avoid doing so and keep the whole thing secret though, don't they? And then when they get caught, they do this: https://cdt.org/insights/the-truth-about-telecom-immunity/

Sounds like an easy way to have your case tossed out in court. It's funny how much this differs from my own personal experience with law enforcement. The friends I know are timid as hell and don't do anything without a warrant just to stay on the safe side- even if they probably don't need one.

Good luck with that. In my case there was a ton of violations of the SCA. Violations of the SCA are only actionable if they are "constitutional" in nature. (That essentially means that if the government indict you based on information they illegally gathered through violating the SCA but the information did not belong to you - say it belonged your wife or business partner - then you can't get the information suppressed/excluded in court)

In my case the government did violate the SCA and my constitutional rights, but two judges have looked at it and both stated the same answer - the police must be allowed to commit crimes to gather evidence. Next stop: appeal courts.

Re: FBI's ability to legally access secure messaging app content and metadata [pdf]

#180
post #88

Earlier quoted context omitted.

For somebody who isn’t super cyprtography-savvy, what’s the difference between over the wire and e2ee? Does the former mean that telegram itself can read non-private-chat messages if it so chooses?

over the wire is when its encrypted during transmission between the User and Telegram's servers. HTTPS or SSL/TLS, etc. At Rest is when its encrypted in their DBs or hard drives, etc. Theoretically, Telegram can still read the contents if they wished to do so if they setup the appropriate code, or tools inbetween these steps. E2EE means that the users exchange encryption keys, and they encrypt the data at the client,…

I very much doubt that Telegram really does encrypt messages "at rest": their server side full text search works extremely fast.
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