Can You Track Me Now? Why The Phone Companies Are Such A Privacy Disaster
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TelecommunicationInformation securityPoint (geometry)Information privacyRight anglePlastikkarteSelectivity (electronic)
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Transcript: English(auto-generated)
00:00
Alright, we are going to get started here. So up next we have uh US Senator Ron Wyden, um he is the foremost, oh, thank you. So uh Senator Wyden is the foremost offender of America's uh civil liberties in the US Senate and a tireless advocate of smart tech
00:22
policies. Before, years before Edward Snowden blew the whistle on the dragnet surveillance of Americans, Wyden warned that the Patriot Act was being used in ways that would leave Americans shocked and angry and his questioning of NSA director James Clapper in 2013 served as a turning point in the secret surveillance of Americans' communications. Since then, Wyden has fought to protect Americans' privacy and security
00:44
against unwanted intrusion from the government, criminals and foreign ac- uh hackers alike. He has opposed the government's efforts to undermine strong encryption, proposed legislation to hold companies accountable for protecting their users' data and authored legislation from- with Rand Paul to protect Americans' fourth amendment rights at
01:02
the border. Wyden is a senior member of the Senate uh Select Committee on Intelligence and the top Democrat of the Senate Finance Committee and he lives in Portland, Oregon. So without further ado, please work- welcome uh Senator Wyden.
01:22
Thank you very much for that unquestionably inflationary introduction. And uh I believe I'm the only United States Senator here at DEF CON. So, I am very pleased to
01:44
be here. So honored to extend a greeting from 1% of the United States Senate to all of you. We're gonna get these numbers up in the years ahead, folks. Count on it. And I
02:03
especially want to start with a thank you to the whole DEF CON community. And my sense is that you don't hear people with election certificates say this very often, if at all, but my view is that white hat hackers are absolutely irreplaceable in the
02:30
technological age. And what I'm gonna go back and tell my colleagues is white hat
02:40
hackers do our country an enormous service by finding security lapses and often shaming the government and companies and fellow coders into fixing them. Hackers also make it harder for the government to hide when it spies on Americans or collects their
03:01
information. So, my view is the strength of white hat hackers makes America stronger and Americans safer and I want to begin tonight by making sure you know this United States Senator appreciates that. And I do have a history of working with security researchers.
03:33
I've opposed over the years expansions of the Computer Fraud and Abuse Act, wrote Aaron's Law to try and roll it back and fought against efforts from the Clinton
03:45
administration to William Barr today to require back doors for encryption. Back doors, back doors will leave America less safe folks. Encryption, encryption is not a debate
04:07
between strong security and liberty. It's a debate between stronger security or less strong security and if you want the strongest security in America you have to be for
04:20
strong encryption and no back doors. So, one of the challenges, as you know all so well, is that so often people in politics basically drive a kind of knee jerk response
04:44
to something that will be in the news. And I understand that because when there are events, people who get election certificates feel that they have to quote say something.
05:01
But we've got to make sure that there is a greater awareness of technology and in particular what you all at Def Con have done is to make sure that there is a greater made a concerted understandable effort to increase people's awareness of technology and
05:23
particularly it is useful in holding off bad ideas that are the knee jerk reaction for example when a tragedy uh hits our country. Speaking of really awful ideas, I want to
05:41
talk about the phone companies storied hint history of violating the privacy of law abiding Americans. For more than a century, the phone companies have been willing partners of government and corporate surveillance. I've sounded the alarm about phone surveillance in the past but only in the past few months has the public learned some of
06:07
the most troubling details about how these telecom giants sell out their customers. And a lot of the worst has flown under the radar. So I am going to describe this kind of
06:23
contemptuous phone company conduct with respect to your private information. And I'm going to tell you how to finally hold these surveillance state enablers accountable. Now, this is, as I mentioned, my first time at Def Con. But I do have a little bit of
06:46
interesting history with this conference. As many of you may know, Def Con played a key role in the public learning that the NSA had been vacuuming up their phone records.
07:01
Seven years ago, then NSA director Keith Alexander said that the NSA was going to surrender. Remember him? He had a lot of fans here, didn't he? Seven years ago, Keith Alexander, then NSA director, spoke at Def Con. He told the audience, looked at you
07:22
straight in the eye, and said that allegations that the NSA had quote millions or hundreds of millions of dossiers on people is absolutely false. Unquote. That statement came only a few weeks after General Alexander gave a speech in Washington D.C. and said,
07:45
and I quote, we don't hold data on U.S. citizens. Now, I remember him saying that at this speech. And I said to myself, that is one of the most untruthful statements ever made
08:06
in the history of the United States about government surveillance. General Alexander was lying. And as a member of the Senate Intelligence Committee, I knew he was lying. For
08:21
years, along with Senator Feingold and Udall and Durbin, I've been fighting to warn the American people that the government had secretly interpreted section 215 of the Patriot Act. I came to understand how the Patriot Act was being used. They would be stunned, and they
08:42
would be angry. Secret interpretations of the law run contrary to everything the founding fathers believed in. Secret interpretations of the law corrode democracy, and secret interpretations of the law must be stopped. Now, because this program was
09:04
classified, my Intelligence Committee colleagues and I couldn't reveal it to the American people. But thanks to Keith Alexander's public claims at DefCon and all these fabricated statements that he was making, I finally had a hook to ask a public question about NSA
09:23
mass surveillance. So at the next public intelligence oversight hearing, in March 2013, I asked James Clapper, the Director of National Intelligence, if General Alexander was telling the truth. I bet some of you might remember the answer. Director Clapper said
09:43
that the NSA did, quote, not wittingly collect data on US citizens. That was also a lie. As everybody knows, NSA was out there scooping up the data, scooping up the data,
10:01
millions of innocent Americans' phone records. A few months later, in the summer of 2013, Edward Snowden revealed to the world that the government had in fact been vacuuming up vast numbers of Americans' domestic phone records, and you might be interested to know, he noted that he had been watching Mr. Clapper's false testimony to the Senate and to the
10:25
country. Americans were in fact stunned and angry. Section 215 of the United States will be expiring later this year, and Congress is gonna be asked to reauthorize it. It is extraordinarily important that the Patriot Act phone record surveillance, you know,
10:46
program, be one in which checks are put in place so as to protect law-abiding Americans and their checks that are not in place now. Section 215 was not a one-off
11:02
telephone companies had been partnering with the government to spy on Americans for as long as they've ever been around. Even before the phone companies existed, phone companies spied on their customers. Starting in 1919, the US government's first code-breaking agency, known as the American Black Chamber, illegally intercepted international
11:24
telegrams through the willing participation of telegraph companies like Western Union. In 1929, President Hoover's Secretary of State Henry Stimson shut down the program as soon as he learned about it. He said, gentlemen, do not read other gentlemen's mail. Now that might be
11:44
an old-fashioned way to put it, but he sure was a patriot who understood the dangers of indiscriminate domestic spying. But the problems continued. Beginning in 1945, the US Army, and later the National Security Agency, was given copies of all telegrams, domestic and
12:02
international, carried by the three major phone companies. The companies only agreed to help after they were personally assured by the Secretary of Defense they wouldn't be prosecuted. They wouldn't be prosecuted and their involvement would be kept secret. That
12:20
surveillance program was known as Operation Shamrock and it was around for 30 years until Frank Church shut it down. Later, shortly after 9-11, George W. Bush authorized the NSA to conduct a dragnet surveillance program sweeping up both metadata and content of emails
12:41
and phone calls. This was a massive illegal spying program and it could take place only because major telecommunications carriers gave the NSA direct access to their networks. Once this program became public, the phone companies got sued by the ACLU, by the Electronic
13:05
Frontier Foundation, they got sued by everybody in sight. In response, Verizon argued in court that it had a First Amendment right to share its customers' private data with the NSA. When that didn't work, the phone companies got Congress to give them a get out of jail
13:22
free card. 31 senators said no sweetheart immunity deal for the phone companies and I'm proud of one of those senators being me because it's outrageous that the phone companies got that deal. Now, dragnet surveillance, you basically can't do it without the private
13:50
sector being willing. Which by the way, Dick Cheney, who I don't quote all the time, admitted in a 2008 speech. So that brings me to another spying program that needs some
14:04
attention and this is the Drug Enforcement Administration's phone spying program. Earlier this year, the Justice Department Inspector General revealed that the Drug Enforcement Administration had occupied and operated an illegal bolt spying program for more than 20
14:25
years. Now, I've sat on the Senate Intelligence Committee for about as long as anyone in the Senate and in my view, this was one of the most illegal dragnet surveillance programs in the history of the country. Take a guess who signed off on the program. Anybody wanna
14:48
throw out a name? The person who signed off on the program was none other than the current Attorney General Bill Barr. Back when he was Attorney General for the first time in
15:04
1992, he said it was just fine for the DEA to subpoena bulk records of calls between the United States and certain foreign countries. While the total number of countries the program targeted has been hidden from the American people, the Inspector General said
15:22
publicly this year that the surveillance program and I quote, involved the collection of phone call records for billions of phone calls from the United States to many different countries. Folks, I don't think there's any question what you call that. You call it mass surveillance. And Mr. Barr was right in the center of the whole thing. In the 20 years
15:47
that the DEA illegally connected, collected American's phone records, the government never once went to court. The govern- program relied on a twisted interpretation of the government's subpoena power. As the Inspector General made clear, the government only served these
16:04
subpoenas on phone companies that it knew would be willing partners. Through the two decades that the DEA spied on Americans using this program, not a single phone company ever pushed back, ever asked if the subpoenas were legal. One reason the phone companies
16:24
were such willing participants, Inspector General said, is they all got paid to fork over your personal information. I'm not done with this particular program or Mr. Barr's various activities and we can talk about that as well. The phone companies recently
16:47
have been in the news and you've seen a fair amount about it with respect to their sale of location data to uh brokers. And last summer I conducted an investigation into the
17:03
wireless carriers and location data. Essentially I found that the wireless carriers were treating their customers' phones like tracking tags and selling real time information location data without customers' knowledge or consent. They were selling it to sleazy
17:25
middlemen who then sold it again to just about anybody who showed up with a credit card. Now I discovered that all four major wireless carriers, AT&T, Verizon, Sprint and T-Mobile were doing this. Were selling location data via data uh brokers to a company
17:46
called Securus. Their business is essentially gouging the families of prisoners by charging them huge fees to call relatives who are serving time. I discovered this
18:00
company built a web portal to let prison guards track any phone in the country without a court order. Once I exposed this program, the phone companies immediately said we're shutting down Securus' access and pledge to clean up their sale of location data. But as we
18:21
kept digging, it turned out this was much bigger than just this one uh company gouging the families of prisoners. In the months that followed, Mr. Joseph Cox at Motherboard um revealed, and he deserves much credit for this, how the carriers and their shady data broker partners were selling location data to bounty hunters, used car salesmen
18:44
and get this, even stalkers. Phone companies going along with something that allows for stalking of people they're doing business with. It became clear the practice was totally out of control. Americans location data was available to anybody as I say, who could
19:05
pay. And by the way, phone companies promised once again to shut it down after Mr. Cox's story. And you know a lot of them said, well Ron Wyden didn't exactly get the date right that
19:21
we were talking about when we were gonna shut it down and all of this you know rasmataz. I think the point really is, it is clear that they were doing business as usual with these bounty hunters invading the rights of law abiding Americans after they
19:41
said they stopped. And I'll just tell you, given their track record, breaking their pledge to me, I'm not giving them any benefit of the doubt and neither should you. Now, I want to
20:02
just go a little bit further on why the wireless carriers are so unbelievably bad on privacy. One thing that frequently comes up in the debate about privacy, particularly after Cambridge Analytica is the saying quote, if you aren't paying for the product, you are the
20:21
product. This pretty much explains the privacy invasions we've seen from Facebook. But the phone companies aren't offering a free product. Americans pay a lot for our cell phone plans and they still get their privacy violated. Here's my sense of what is happening.
20:45
Wireless carriers depend on government license spectrum to operate. So that gives the government, just by virtue of that, a lot of power over the companies. The Federal Communications Commission has historically been at the beck and call of law
21:03
enforcement and intelligence interests and has used its authority to approve or deny licenses as a means to ensure that other government agencies get what they want. And for example, in the early 2000s when a few companies started to offer satellite phone
21:20
service, the FCC set on, sat on the license application from the satellite phone company at the FBI's request. It didn't okay the license until the company agreed to put its downlink station in the United States instead of Canada so that the government could force the company to wiretap calls. Force the government to
21:44
wiretap calls. Americans need a regulator to manage the public spectrum, but the FCC wields its power not in the public interest but in the government's interest. It's no surprise the phone companies choose to get paid by the government when they can get it instead of fighting with the government. While tech companies like Apple, Cloudflare and
22:04
Yahoo have fought the government over problematic surveillance requests, the government doesn't have nearly as much power over them as it does over the phone companies. That explains the phone company's willingness to put the government's needs over their customers. But what about the sale of location data to data brokers? There is a
22:27
big problem here and um it's really 2 words. Ajit Pai. He's the federal communications chairman and he doesn't believe the agency ought to be in the business of
22:42
regulating the wireless carriers or privacy and cyber security. Whether it involves the sale of location data, shady middlemen or the carrier's shoddy track record and securing networks from hackers and foreign spies uh exploiting flaws in SS7, Chairman Pai has made it clear he is just gonna sit it out on the sidelines. When you have
23:07
the industry's primary regulator basically saying he just doesn't have any interest in accountability when it comes to these industry uh violations. What you have is a
23:21
situation where the carriers say hey look let's just rake in a little bit of extra money by going even further. Let's go further. And in this case sell their customers location data to even more people. So the status quo isn't working so well. The federal communications
23:44
commission is an ineffective regulator run by an ex Verizon lawyer who basically doesn't believe in what the job is all about. Which is accountability and oversight and if appropriate regulation. The department of justice is run by Bill Barr. As I mentioned
24:04
an ex Verizon lawyer who personally authorized a massive illegal surveillance program and is an enthusiastic advocate for unchecked presidential power. Um if any of you are having trouble sleeping, I gave a long speech about Mr. Barr specifically on the floor of the
24:26
senate and talking about his entire privacy record. Basically which also um is supplemented by the proposition that he believes the president is just above the law. That there are no laws that really are relevant uh to the president. This issue
24:44
fundamentally is about a lot more than just privacy. The total absence of any effective privacy regulation combined with the carriers repeated willing participation in illegal surveillance programs is basically serving as the building blocks for Donald Trump and future
25:04
administrations to expand the surveillance state and use it against their political enemies. Sadly I have to tell you that sometimes you look at this and you say it really doesn't even matter which party is in control. Government agencies will fight any
25:21
effort to limit their power and most politicians just aren't willing to spend the political capital and the time and the energy to take em on. So the president is going to vote by mail. But I want you to know that as long as I have the honor to represent Oregon in the United States Senate, I gather we've got some Oregonians in the house.
25:43
Oh I don't want to make some of you feel bad but all the Oregonians in the house get to participate in the most logical sane system of voting in the United States. We
26:00
vote by mail and one day everybody in America is gonna vote by mail cause I'm gonna make sure it happens. It's time. So we Oregonians will be schmoozing on the side when we're done. But suffice it to say I'm just not willing to accept business as usual in
26:27
this government overreach surveillance uh state that I have just described. And here's my playbook for how to fight back. First Congress must pass comprehensive privacy
26:41
legislation that finally gives the Federal Trade Commission the tools it needs to hold companies accountable for privacy violations. It is my view that CEOs should face jail when they lie to the government about their privacy policies. And we- we- we have had one
27:09
instance you know after another of these kinds of enormous, enormous, tremendous enormously damaging cases where uh whether it's Facebook uh customers or somebody else get
27:25
hurt by these privacy violations. And my privacy bill would give Americans an effective easy way to stop companies from sharing their private information with data brokers and all of these other uh bottom feeders, these shady middlemen. Second phone companies and really all
27:44
companies that hold private customer data must reduce the length of time that they keep that data on hand. I proposed that yesterday. And the reason I did is after the big hacks of OPM Equifax and Capital One, it's clear that the only surefire way to stop data
28:05
from being stolen is to not have it laying around for ages and ages in the first place. The wireless carriers keep information about Americans calls and texts and locations
28:22
history for far too long. In AT&T's case, the company apparently has call records going back to 1987. This kind of sort of data retention is a huge, huge gift to hostile
28:43
foreign governments that want to hack our citizens. So I did, as I said, this week, in effect, write to the wireless carriers, told them they ought to delete uh records once they
29:01
no longer serve a legitimate purpose and if they don't do it, I'm gonna make sure that the Congress gets serious about stepping in and doing it for them. It's a safety and security measure. And third, the Supreme Court last year held that the government needs a
29:24
warrant to collect location data. But there are still unresolved questions, including whether or not the court's decision in the Carpenter case even applies to the intelligence community. So I will be introducing an updated version of my GPS act in the
29:41
coming months to ensure that the government cannot track Americans without a warrant. And in each of these efforts, I certainly have appreciated many of you and DefCon giving us technical help. I want to close by talking about uh the debate that you're going to see
30:07
later this year and why it's so important that those who care about the real need for liberty and security and understand that the two are not mutually exclusive, good
30:22
policies get you both, bad policies get you neither, is that section 215 of the Patriot Act expires in December of this year. December of 2019. Now, as sure as the night
30:41
follows the day, in the United States Senate, the Senate will wait until the very last minute when you all have your Christmas trees up and the wrapping paper is flying every
31:01
which way and Americans are debating who will cook the Christmas turkey. Cause that's always what happens. It comes up at the end of the year and the Office of National Intelligence says, oh my god, if we don't just extend this bill, western civilization is
31:23
gonna end. The following bad guys will be striking us. They will practically be arriving under our holiday trees to take your children and all kinds of other things. And I
31:42
understand that's what they do. And as sure as the night follows the day, so you will see me as we get into Halloween and the like, constantly come back to, hey folks, we need to have the debate about section 215 of the Patriot Act. We gotta have it before Christmas
32:02
Eve. The American people should know that we can come up with policies that protect both their liberty and their security. And I really would hope that some of you in DEFCON and all the good work that you're uh doing will uh help us as usual in it. So as I said,
32:22
uh last minute, there's always some kind of claim. In fact, uh one year I was actually able to get the Office of National Intelligence to make what was an admission against interest. Where they basically said, when everybody said it's all gonna expire, they really
32:40
said no, it's not going to expire, there's authority to have it for you know a longer period. I don't know what happened to that lawyer who wrote that but um suffice it to say, this is an incredibly important uh law with respect to surveillance, section 215 of
33:03
Focus on the Call Detail Record Program, program in which the government collects metadata about uh people uh and who they call. And I am going to push very hard to see if we can put a stake in this program and close it once and for all. It has not been
33:26
used to stop a single terrorist attack. And it's even less useful now than if we when the bad guys have so many other ways to communicate. The reason I wanna finish it off
33:40
now is that if you leave spying authority on the books, nobody knows which administration is gonna do it but I don't wanna say trust us to any administration to have the power to abuse it. So the phone records dragnet is important but there are other
34:09
sections of 2015 of 215 that are important as well. In 2014 the FBI and Director of National Intelligence confirmed in unclassified letters to me that the intelligence
34:20
community used section 215 to obtain historical records of American's location data. I made one of those letters public a few weeks ago. Earlier this year the Director of National Intelligence also revealed the intelligence agencies still haven't been told how they should interpret the carpenter decision holding that location data is protected by
34:45
the fourth amendment. So here we are, section 215, one of the most powerful surveillance laws on the books. A law that has been abused by the government before and the person who is now in charge of the Department of Justice, Bill Barr. Mr. Barr has shown an
35:08
eager willingness to perform legal gymnastics to let the government spy on Americans. So before Congress reauthorizes section 215, I think it's critically important that the
35:24
public be told whether or not the government believes it still may use this law to attract, to track American's phones without a warrant. If you wanna break the classic cycle of Congress rubber stamping Congress needs to hear from the American people that
35:46
this is something they care about. And I'll just close by way of saying there is no question in my mind that White Hat Hackers, the Def Con community, really gets it. The
36:02
number of stickers and E.F.F. T-shirts and hoodies and everything I've ever done, everything I've seen walking around today is a clear signal that everybody here on a Friday night in Las Vegas for Pete's sake, there are a lot of fun things to do in Las Vegas on
36:27
Friday night. And this is a community that understands the importance of privacy and backdoor-free encryption. And the fact that you're all here on a Friday night is an
36:44
indication to me that we can work together to make sure the rest of the country understands how important this stuff is. And in a lot of ways, whistleblowers and White Hat Hackers in particular, in my view, are our last line of defense against
37:06
government and corporate surveillance. Americans should never have to trust in just goodwill of government or phone companies or social media. We need black letter laws that keep
37:23
our private information safe. And I want you to know that Congress only acts when the American people speak out. I know that this is a community that cares. Please, let's join
37:42
together and make sure that we mobilize from sea to shining sea, concerned citizens that share our views, share our values, share our priorities about pushing back against unfair surveillance. And thank you for having me. I would like to say that I
38:10
think, by order of the federal government, I should give you the rest of the night off.
38:23
And before I do that, let's just together keep up fighting the good fight. Thanks everybody. Thank you.