The Alaska Supreme Court Takes Aerial Surveillance’s Threat to Privacy Seriously, Other Courts Should Too

1 month 4 weeks ago

In March, the Alaska Supreme Court held in State v. McKelvey that the Alaska Constitution required law enforcement to obtain a warrant before photographing a private backyard from an aircraft. In this case, the police took photographs of Mr. McKelvey’s property, including the constitutionally protected curtilage area, from a small aircraft using a zoom lens.

In arguing that Mr. McKelvey did not have a reasonable expectation of privacy, the government raised various factors which have been used to justify warrantless surveillance in other jurisdictions. These included the ubiquity of small aircrafts flying overhead in Alaska; the commercial availability of the camera and lens; the availability of aerial footage of the land elsewhere; and the alleged unobtrusive nature of the surveillance. 

In response, the Court divorced the ubiquity and availability of the technology from whether people would reasonably expect the government to use it to spy on them. The Court observed that the fact the government spent resources to take photos demonstrates that whatever available images were insufficient for law enforcement needs. Also, the inability or unlikelihood the spying was detected adds to, not detracts from, its pernicious nature because “if the surveillance technique cannot be detected, then one can never fully protect against being surveilled.” 

Throughout its analysis, the Alaska Supreme Court demonstrated a grounded understanding of modern technology—as well as its future—and its effect on privacy rights. At the outset, the Court pointed out that one might think that this warrantless aerial surveillance was not a significant threat to privacy rights because "aviation gas is expensive, officers are busy, and the likelihood of detecting criminal activity with indiscriminate surveillance flights is low." However, the Court added pointedly, “the rise of drones has the potential to change that equation." We made similar arguments and are glad to see that courts are taking the threat seriously. 

This is a significant victory for Alaskans and their privacy rights, and stands in contrast to a couple of U.S. Supreme Court cases from the 1980s, Ciraolo v. California and Florida v. Riley. In those cases, the justices found no violation of the federal constitution for aerial surveillance from low-flying manned aircrafts. But there have been seismic changes in the capabilities of surveillance technology since those decisions, and courts should consider these developments rather than merely applying precedents uncritically. 

With this decision, Alaska joins California, Hawaii, and Vermont in finding that warrantless aerial surveillance violates their state’s constitutional prohibition of unreasonable search and seizure. Other courts should follow suit to ensure that privacy rights do not fall victim to the advancement of technology.

Hannah Zhao

Don't Let the Sun Go Down on Section 230 | EFFector 36.7

1 month 4 weeks ago

Curious about the latest digital rights news? Well, you're in luck! In our latest newsletter we cover topics ranging from: lawmakers planning to sunset the most important law to free expression online, Section 230; our brief regarding data sharing of electronic ankle monitoring devices; and the simple proposition that no one country should be restricting speech across the entire internet.

It can feel overwhelming to stay up to date, but we've got you covered with our EFFector newsletter! You can read the full issue here, or subscribe to get the next one in your inbox automatically! You can also listen to the audio version of the newsletter on the Internet Archive, or by clicking the button below:

LISTEN ON YouTube

EFFECTOR 36.7 - Don't Let The Sun Go Down on Section 230

Since 1990 EFF has published EFFector to help keep readers on the bleeding edge of their digital rights. We know that the intersection of technology, civil liberties, human rights, and the law can be complicated, so EFFector is a great way to stay on top of things. The newsletter is chock full of links to updates, announcements, blog posts, and other stories to help keep readers—and listeners—up to date on the movement to protect online privacy and free expression. 

Thank you to the supporters around the world who make our work possible! If you're not a member yet, join EFF today to help us fight for a brighter digital future.

Christian Romero

【焦点】成立した炭素貯蔵事業法はカーボーンニュートラルの切り札か。23年JCJ機関紙6月号記事で「実現性危うい」と指摘=橋詰雅博

1 month 4 weeks ago
 脱炭素化の有力手段とされる「二酸化炭素貯蔵(CCS)事業法案」が今国会で成立した。マスコミは切り札と持ち上げるこのCCSは、今後10年間で官民合わせて4兆円を投資する。果たして本当に実現性があるのか、掛け声倒れになる危険性はないのだろうか。 炭素回収貯蔵の略称である「CCS」は、製油所や火力発電所、工場などから排出される二酸化炭素(CO2)を分離・回収し、液化したものに圧力かけて地中や海底に埋め込む。これを実現するには地下1㌔より深く、貯留できる地層があり、上部にCO2が漏..
JCJ

A Wider View on TunnelVision and VPN Advice

1 month 4 weeks ago

If you listen to any podcast long enough, you will almost certainly hear an advertisement for a Virtual Private Network (VPN). These advertisements usually assert that a VPN is the only tool you need to stop cyber criminals, malware, government surveillance, and online tracking. But these advertisements vastly oversell the benefits of VPNs. The reality is that VPNs are mainly useful for one thing: routing your network connection through a different network. Many people, including EFF, thought that VPNs were also a useful tool for encrypting your traffic in the scenario that you didn’t trust the network you were on, such as at a coffee shop, university, or hacker conference. But new research from Leviathan Security demonstrates a reminder that this may not be the case and highlights the limited use-cases for VPNs.

TunnelVision is a recently published attack method that can allow an attacker on a local network to force internet traffic to bypass your VPN and route traffic over an attacker-controlled channel instead. This allows the attacker to see any unencrypted traffic (such as what websites you are visiting). Traditionally, corporations deploy VPNs for employees to access private company sites from other networks. Today, many people use a VPN in situations where they don't trust their local network. But the TunnelVision exploit makes it clear that using an untrusted network is not always an appropriate threat model for VPNs because they will not always protect you if you can't trust your local network.

TunnelVision exploits the Dynamic Host Configuration Protocol (DHCP) to reroute traffic outside of a VPN connection. This preserves the VPN connection and does not break it, but an attacker is able to view unencrypted traffic. Think of DHCP as giving you a nametag when you enter the room at a networking event. The host knows at least 50 guests will be in attendance and has allocated 50 blank nametags. Some nametags may be reserved for VIP guests, but the rest can be allocated to guests if you properly RSVP to the event. When you arrive, they check your name and then assign you a nametag. You may now properly enter the room and be identified as "Agent Smith." In the case of computers, this “name” is the IP address DHCP assigns to devices on the network. This is normally done by a DHCP server but one could manually try it by way of clothespins in a server room.

TunnelVision abuses one of the configuration options in DHCP, called Option 121, where an attacker on the network can assign a “lease” of IPs to a targeted device. There have been attacks in the past like TunnelCrack that had similar attack methods, and chances are if a VPN provider addressed TunnelCrack, they are working on verifying mitigations for TunnelVision as well.

In the words of the security researchers who published this attack method:

“There’s a big difference between protecting your data in transit and protecting against all LAN attacks. VPNs were not designed to mitigate LAN attacks on the physical network and to promise otherwise is dangerous.”

Rather than lament the many ways public, untrusted networks can render someone vulnerable, there are many protections provided by default that can assist as well. Originally, the internet was not built with security in mind. Many have been working hard to rectify this. Today, we have other many other tools in our toolbox to deal with these problems. For example, web traffic is mostly encrypted with HTTPS. This does not change your IP address like a VPN could, but it still encrypts the contents of the web pages you visit and secures your connection to a website. Domain Name Servers (which occur before HTTPS in the network stack) have also been a vector for surveillance and abuse, since the requested domain of the website is still exposed at this level. There have been wide efforts to secure and encrypt this as well. Availability for encrypted DNS and HTTPS by default now exists in every major browser, closing possible attack vectors for snoops on the same network as you. Lastly, major browsers have implemented support for Encrypted Client Hello (ECH). Which encrypts your initial website connection, sealing off metadata that was originally left in cleartext.

TunnelVision is a reminder that we need to clarify what tools can and cannot do. A VPN does not provide anonymity online and neither can encrypted DNS or HTTPS (Tor can though). These are all separate tools that handle similar issues. Thankfully, HTTPS, encrypted DNS, and encrypted messengers are completely free and usable without a subscription service and can provide you basic protections on an untrusted network. VPNs—at least from providers who've worked to mitigate TunnelVision—remain useful for routing your network connection through a different network, but they should not be treated as a security multi-tool.
Alexis Hancock