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Joe Stanganelli

Hello Federal ID, Goodbye Privacy

Written by Joe Stanganelli
1/19/2011 35 comments
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Fellow Americans, brace yourselves; Internet identity cards are on the way.

As part of the Obama Administration's National Strategy for Trusted Identities in Cyberspace, the US government will be implementing a universal "Identity Ecosystem." Government officials are insisting that participation would be completely voluntary. (You know, the way refusing to get a passport or state ID won't make your life harder one bit.)

But the preliminary version of the Strategy, announced in June 2010, ominously specifies that its last step, after "voluntary" participation is implemented, is to "Identify Other Means to Drive Adoption of the Identity Ecosystem across the Nation" (emphasis added).

Oh, well. At least this "voluntary" program is not going to be managed by a big scary law enforcement entity like the DHS or NSA. The Administration recently announced that authority over the Strategy is being given to the very benign, very non-scary Department of Commerce. We can all breathe a collective sigh of relief.

Or can we?

To be fair, the Department of Commerce actually has a decent track record for protecting personally identifiable information (PII). The Department's data stewardship duties primarily come from managing the Census Bureau. DoC officials are lawfully forbidden from releasing PII for 72 years after collection.

In 1953, President Harry S Truman had to be relocated because of White House renovations. The Secret Service requested Census data on the President's soon-to-be neighbors so they could perform background checks. The DoC denied the request.

Similarly, in 1980, FBI agents stormed Census offices with warrants for Census data; they were foiled by a Census worker who refused to relinquish any information to them. Higher-ups at the Census Bureau/DoC got involved, and the FBI was forced to leave empty-handed.

While the Census Bureau does provide already-public information to law enforcement and has released PII to law enforcement during a time period in which it was not illegal to do so, there is no record of the Census Bureau ever illegally releasing PII.

The problem with the Strategy, however, is that the DoC will not be implementing it after all -- the private sector will be, with the DoC's guidance.

Believe it or not, that's bad.

If the DoC were managing the "Identity Ecosystem" from top-to-bottom, there might be some squawking from civil libertarians and privacy advocates, but there would be little to worry about. As with Census data, there would most likely be strict, comprehensive legal protections in place to prevent the DoC from releasing "Internet Ecosystem" PII to law enforcement agencies.

These legal protections won't exist in a privately implemented program, however. If the FBI or another law enforcement agency wants your private Internet data, they can easily get it with a court order.

So here's what's going on here:

The Administration cleverly delegates its Strategy to one of its least offensive, least threatening Departments -- which, in turn, delegates actual implementation to the private sector. The Administration makes a show of doing all this as a matter of trust and good will, encouraging people to voluntarily comply with the program.

Meanwhile, the government tells the private sector, "You're going to use your expertise and credibility to build and implement this to meet our goals and specifications" (perhaps adding, "By the way, here's a bundle of economic incentives").

Then, any time the feds want to find out personal information stored on your identity card, it's as easy as getting a court order -- along with a gag order, so you're never the wiser.

In other words, the feds get to have their cake and eat it, too.

It doesn't matter if they're being purposely or accidentally nefarious. It also doesn't matter whether they call it a "card" or an "Ecosystem" or even "Your One True Login."

What does matter is that if the government has its way -- with private corporations as its accomplices -- then it will become a whole lot easier for them to investigate your online activity.

— Joe Stanganelli is founder and principal of Beacon Hill Law, a Boston-based general practice law firm. He is also a writer and freelance marketing consultant.

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EJHarnois
IQ Crew
Monday January 24, 2011 10:07:38 PM
no ratings

Worst-worst case scenario...they hire Blackwater.

Here's hoping for failure!

(Interesting and informative article.  Thanks.)

Joe Stanganelli
Thinkernetter
Monday January 24, 2011 4:46:55 PM
no ratings

Quick update.

I received an e-mail just before the weekend from Ben Stein (no, not that one) -- a representative of the National Institute of Standards and Technology (a branch of the U.S. Department of Commerce).  He wrote to me in reply to this piece about the NSTIC.

I've said what I have to say on the matter, but I thought some of you might appreciate hearing what the Government has to say beyond what has already been published here and elsewhere.

Additionally, according to the NIST website, you can contact nstic@nist.gov for more information (as well as, I presume, to provide your own input) on NSTIC.

Below is the e-mail, posted unedited in its entirety (except, as a matter of respect, I have removed his e-mail signature):

 

***


Dear Mr. Starangelli,

We appreciate your coverage of NSTIC on Internet Evolution. http://www.internetevolution.com/author.asp?section_id=1087&doc_id=203318&.

One point that I'd like to emphasize is one of the government's roles in NSTIC would be to build consensus on legal and policy frameworks, including ways to enhance not only security but also privacy in online transactions. And as you noted, this would be voluntary and opt-in. It would not be a single ID, and not be something from the government. Instead the "ecosystem" would contain multiple identity providers and interoperable digital credentials that are based on agreed-upon standards for security and privacy. A user could choose any of them, or none of them. If people chose to opt into such a solution, they would continue to have the ability to communicate anonymously online, but still have secure authentication for business and sensitive on-line transactions. That's the NSTIC vision.

NSTIC is something that is being developed with input from all sectors of the general public.

Also, we would appreciate it if in future discussions you could point your readers to our NSTIC website with the information we have prepared on it, and we will continue to put more information on it (and my apologies if I missed a link to the site): http://nist.gov/nstic/

Ben

 

Joe Stanganelli
Thinkernetter
Sunday January 23, 2011 1:18:30 PM
no ratings

Hi, dlavie.

Sorry if I misled you; I wasn't making a parallel to driving.  I was making a parallel to the need for that type of ID (perhaps it would have been more precise for me to say "state-issued ID" instead of "Driver's License").

Nobody in the U.S. has to have a driver's license, passport, or other government-issued ID (beyond your birth certificate and social security card), but good luck living day-to-day life without one.

My point in making this parallel was to portray the very real concern that the aim of NSTIC seems to be to make Internet ID "Ecosystems" as prolific as driver's license, passports, and the like.

dlavie
IQ Crew
Sunday January 23, 2011 1:07:20 PM
no ratings

The parallels to driving and use of cars are misused.  Driving has never been a right, it has always been a privilege.  Licensing and registration is the price if you want that privilege.  You violate the "rules of the road" and you lose the privilege.

I already have a "smart card" license, its a passport on a license.  Given my location close to the Canadian border, it's a lot easier than trying to remember if I brought my passport.

Participation on the internet, is it a right?  That's one to kick around.

At one time some states used to use the driver's SSN as the drivers license #.  We know how secure the info at the average Department of Motor Vehicles is. 

Dave LaVie

aum007
Thinkernetter
Sunday January 23, 2011 9:53:43 AM
no ratings

Joe,

Looking at Govts(worldwide) track-record of managing These "transformations",it will fail miserably(most probably due to cost-overruns).The Taxpayer will get tired of footing the bill on another utterly useless excercise in increasing Bueracratic outreach-With no checks and and Balances whatsoever.

This is the Best case sceanario.Worst case? the Us turns into a Stalinist police-state where anyone voicing any opinion opposed to Govt/Bueracratic interests is first put under surveillance and then silenced decisively.

Not a fun place to be in....

Regards

Ashish.

abdlah
IQ Crew
Saturday January 22, 2011 6:31:51 PM
no ratings

Thanks for the information and analysis. I think you have made a case for the general public to be careful about the consequences of such a system.

Wouldn't the rules of the DoC automatically affect the private companies since the DoC have responsibility for the system?

Lets be vigilant and be informed on this move.

Joe Stanganelli
Thinkernetter
Thursday January 20, 2011 2:25:21 PM
no ratings

 

Alas, I disagree that compulsoriness is a necessary ingredient for a nationwide federal government effort to be deemed a "national" one.

Nonetheless, I would point out that, with the weight of the U.S. Government behind this -- pressuring/coercing the private sector (see the Action Items in the current draft of the NSTIC) -- it's hard to see how the goal here is not a situation in which the use of these "Identity Ecosystems" is not so widespread and standardized that it would be impossible in any practical way to conduct business -- or even communicate -- on the Internet without one of these IDs.  While compliance may not be literally mandatory, it is clear that the goal is that it would be constructively mandatory.

(This is similar to when your landlord can't legally evict you, so he turns off your heat, electricity, and water in the dead of winter.  This is known as "constructive eviction.")

 

 

The 48 Laws of Power is a book of historical case studies (among other things) on those who succeeded (and failed) at the game of power.  It is written by Robert Greene and I highly recommend it.

 

Joe Stanganelli
Thinkernetter
Thursday January 20, 2011 2:19:38 PM
no ratings

"You are implying that the .gov will be the process. That is not what they say. They want to be the facilitator."

I don't really see that implication, Michael.  Nevertheless, I think this line of thought unnecessarily gets into mere semantics ("process" vs. "facilitation").


"I again ask for your solution rather than "dissing" a process that is asking everyone to step forward with ideas to solve a major problem. Maybe you could help."

User education.

As JC and Antonis commented below, better protection of devices is needed also.  I did read your article that you linked to.  I am sorry, genuinely, that you were the victim of credit card fraud.  At the same time, I'm not sure how the implementation of a national SSO ID would have prevented it.  It appears (or so I assume) that the problem was not at your end, but at the merchant's end. 



"Finally, I have to question your mocking the government and a lot of people that just want their computers to work. Think grandparents, parents, and others."

FWIW, neither my parents nor my grandparents would click a link to enhance their manhood or send money to a stranger overseas who says they won $50 million in the United Nations lottery.  Several times a month, I play bridge with a centenarian who can barely see and hear but who is still able to browse the Internet and communicate over e-mail without bumbling into a scam.

In any case, I'm not the first this year to post on IE about Internet stupidity and the need for users to be more intelligent as they venture onto the Web.

(Let me be clear.  I don't believe all scam victims are stupid -- but forgive me; I honestly believe that falling for, say, a Nigerian 419 scam, in this day and age, is in and of itself pretty dumb.  Which is not to say that I haven't done a lot of dumb things myself.)




 

 

 

 

 

 

smkinoshita
Thinkernetter
Thursday January 20, 2011 2:13:18 PM
no ratings

"Do I have any better ideas beyond education?  No, not at the moment, though I'd be happy to brainstorm with the powers that be if asked."

Actually, education is probably the best idea possible.  Start young, and be upfront.  A little paranoia is justified online. There's no cure for stupid, but then there's nothing anyone can do about stupid.  Stupid happens to just about everyone at some point in a moment of weakness. 

Education helps set standards, too.  A little peer pressure to make one feel stupid about online security ignorance could keep us all a little safer without having to deal with cumbersome types of security just because a handful are idiots.

Michael P. Kassner
Thinkernetter
Thursday January 20, 2011 1:47:32 PM
no ratings

I think most would agree that something on the order of a national ID would have to be mandatory. 

I am interested in the link you gave. Could you give some more details about what the 48 laws of power is? 

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