Exclusive: Yahoo secretly scanned customer emails for U.S. intelligence – sources

Yahoo billboard

By Joseph Menn

SAN FRANCISCO (Reuters) – Yahoo Inc last year secretly built a custom software program to search all of its customers’ incoming emails for specific information provided by U.S. intelligence officials, according to people familiar with the matter.

The company complied with a classified U.S. government demand, scanning hundreds of millions of Yahoo Mail accounts at the behest of the National Security Agency or FBI, said three former employees and a fourth person apprised of the events.

Some surveillance experts said this represents the first case to surface of a U.S. Internet company agreeing to an intelligence agency’s request by searching all arriving messages, as opposed to examining stored messages or scanning a small number of accounts in real time.

It is not known what information intelligence officials were looking for, only that they wanted Yahoo to search for a set of characters. That could mean a phrase in an email or an attachment, said the sources, who did not want to be identified.

Reuters was unable to determine what data Yahoo may have handed over, if any, and if intelligence officials had approached other email providers besides Yahoo with this kind of request.

According to two of the former employees, Yahoo Chief Executive Marissa Mayer’s decision to obey the directive roiled some senior executives and led to the June 2015 departure of Chief Information Security Officer Alex Stamos, who now holds the top security job at Facebook Inc.

“Yahoo is a law abiding company, and complies with the laws of the United States,” the company said in a brief statement in response to Reuters questions about the demand. Yahoo declined any further comment.

Through a Facebook spokesman, Stamos declined a request for an interview.

The NSA referred questions to the Office of the Director of National Intelligence, which declined to comment.

The request to search Yahoo Mail accounts came in the form of a classified edict sent to the company’s legal team, according to the three people familiar with the matter.

U.S. phone and Internet companies are known to have handed over bulk customer data to intelligence agencies. But some former government officials and private surveillance experts said they had not previously seen either such a broad demand for real-time Web collection or one that required the creation of a new computer program.

“I’ve never seen that, a wiretap in real time on a ‘selector,'” said Albert Gidari, a lawyer who represented phone and Internet companies on surveillance issues for 20 years before moving to Stanford University this year. A selector refers to a type of search term used to zero in on specific information.

“It would be really difficult for a provider to do that,” he added.

Experts said it was likely that the NSA or FBI had approached other Internet companies with the same demand, since they evidently did not know what email accounts were being used by the target. The NSA usually makes requests for domestic surveillance through the FBI, so it is hard to know which agency is seeking the information.

Alphabet Inc’s Google and Microsoft Corp, two major U.S. email service providers, separately said on Tuesday that they had not conducted such email searches.

“We’ve never received such a request, but if we did, our response would be simple: ‘No way’,” a spokesman for Google said in a statement.

A Microsoft spokesperson said in a statement, “We have never engaged in the secret scanning of email traffic like what has been reported today about Yahoo.” The company declined to comment on whether it had received such a request.

CHALLENGING THE NSA

Under laws including the 2008 amendments to the Foreign Intelligence Surveillance Act, intelligence agencies can ask U.S. phone and Internet companies to provide customer data to aid foreign intelligence-gathering efforts for a variety of reasons, including prevention of terrorist attacks.

Disclosures by former NSA contractor Edward Snowden and others have exposed the extent of electronic surveillance and led U.S. authorities to modestly scale back some of the programs, in part to protect privacy rights.

Companies including Yahoo have challenged some classified surveillance before the Foreign Intelligence Surveillance Court, a secret tribunal.

Some FISA experts said Yahoo could have tried to fight last year’s demand on at least two grounds: the breadth of the directive and the necessity of writing a special program to search all customers’ emails in transit.

Apple Inc made a similar argument earlier this year when it refused to create a special program to break into an encrypted iPhone used in the 2015 San Bernardino massacre. The FBI dropped the case after it unlocked the phone with the help of a third party, so no precedent was set.

“It is deeply disappointing that Yahoo declined to challenge this sweeping surveillance order, because customers are counting on technology companies to stand up to novel spying demands in court,” Patrick Toomey, an attorney with the American Civil Liberties Union, said in a statement.

Some FISA experts defended Yahoo’s decision to comply, saying nothing prohibited the surveillance court from ordering a search for a specific term instead of a specific account. So-called “upstream” bulk collection from phone carriers based on content was found to be legal, they said, and the same logic could apply to Web companies’ mail.

As tech companies become better at encrypting data, they are likely to face more such requests from spy agencies.

Former NSA General Counsel Stewart Baker said email providers “have the power to encrypt it all, and with that comes added responsibility to do some of the work that had been done by the intelligence agencies.”

SECRET SIPHONING PROGRAM

Mayer and other executives ultimately decided to comply with the directive last year rather than fight it, in part because they thought they would lose, said the people familiar with the matter.

Yahoo in 2007 had fought a FISA demand that it conduct searches on specific email accounts without a court-approved warrant. Details of the case remain sealed, but a partially redacted published opinion showed Yahoo’s challenge was unsuccessful.

Some Yahoo employees were upset about the decision not to contest the more recent edict and thought the company could have prevailed, the sources said.

They were also upset that Mayer and Yahoo General Counsel Ron Bell did not involve the company’s security team in the process, instead asking Yahoo’s email engineers to write a program to siphon off messages containing the character string the spies sought and store them for remote retrieval, according to the sources.

The sources said the program was discovered by Yahoo’s security team in May 2015, within weeks of its installation. The security team initially thought hackers had broken in.

When Stamos found out that Mayer had authorized the program, he resigned as chief information security officer and told his subordinates that he had been left out of a decision that hurt users’ security, the sources said. Due to a programming flaw, he told them hackers could have accessed the stored emails.

Stamos’s announcement in June 2015 that he had joined Facebook did not mention any problems with Yahoo. (http://bit.ly/2dL003k)

In a separate incident, Yahoo last month said “state-sponsored” hackers had gained access to 500 million customer accounts in 2014. The revelations have brought new scrutiny to Yahoo’s security practices as the company tries to complete a deal to sell its core business to Verizon Communications Inc for $4.8 billion.

(Reporting by Joseph Menn; Editing by Jonathan Weber and Tiffany Wu)

Probe of leaked U.S. NSA hacking tools examines operative’s ‘mistake’

The logo of the U.S. National Security Agency

By Joseph Menn and John Walcott

SAN FRANCISCO/WASHINGTON (Reuters) – A U.S. investigation into a leak of hacking tools used by the National Security Agency is focusing on a theory that one of its operatives carelessly left them available on a remote computer and Russian hackers found them, four people with direct knowledge of the probe told Reuters.

The tools, which enable hackers to exploit software flaws in computer and communications systems from vendors such as Cisco Systems and Fortinet Inc, were dumped onto public websites last month by a group calling itself Shadow Brokers.

The public release of the tools coincided with U.S. officials saying they had concluded that Russia or its proxies were responsible for hacking political party organizations in the run-up to the Nov. 8 presidential election. On Thursday, lawmakers accused Russia of being responsible.

Various explanations have been floated by officials in Washington as to how the tools were stolen. Some feared it was the work of a leaker similar to former agency contractor Edward Snowden, while others suspected the Russians might have hacked into NSA headquarters in Fort Meade, Maryland.

But officials heading the FBI-led investigation now discount both of those scenarios, the people said in separate interviews.

NSA officials have told investigators that an employee or contractor made the mistake about three years ago during an operation that used the tools, the people said.

That person acknowledged the error shortly afterward, they said. But the NSA did not inform the companies of the danger when it first discovered the exposure of the tools, the sources said. Since the public release of the tools, the companies involved have issued patches in the systems to protect them.

Investigators have not ruled out the possibility that the former NSA person, who has since departed the agency for other reasons, left the tools exposed deliberately. Another possibility, two of the sources said, is that more than one person at the headquarters or a remote location made similar mistakes or compounded each other’s missteps.

Representatives of the NSA, the Federal Bureau of Investigation and the office of the Director of National Intelligence all declined to comment.

After the discovery, the NSA tuned its sensors to detect use of any of the tools by other parties, especially foreign adversaries with strong cyber espionage operations, such as China and Russia.

That could have helped identify rival powers’ hacking targets, potentially leading them to be defended better. It might also have allowed U.S officials to see deeper into rival hacking operations while enabling the NSA itself to continue using the tools for its own operations.

Because the sensors did not detect foreign spies or criminals using the tools on U.S. or allied targets, the NSA did not feel obligated to immediately warn the U.S. manufacturers, an official and one other person familiar with the matter said.

In this case, as in more commonplace discoveries of security flaws, U.S. officials weigh what intelligence they could gather by keeping the flaws secret against the risk to U.S. companies and individuals if adversaries find the same flaws.

Critics of the Obama administration’s policies for making those decisions have cited the Shadow Brokers dump as evidence that the balance has tipped too far toward intelligence gathering.

The investigators have not determined conclusively that the Shadow Brokers group is affiliated with the Russian government, but that is the presumption, said one of the people familiar with the probe and a fifth person.

One reason for suspecting government instead of criminal involvement, officials said, is that the hackers revealed the NSA tools rather than immediately selling them.

The publication of the code, on the heels of leaks of emails by Democratic Party officials and preceding leaks of emails by former U.S. Secretary of State Colin Powell, could be part of a pattern of spreading harmful and occasionally false information to further the Russian agenda, said Jim Lewis, a cybersecurity expert at the Center for Strategic and International Studies.

“The dumping is a tactic they’ve been developing for the last five years or so,” Lewis said. “They try it, and if we don’t respond they go a little further next time.”

(Reporting by Joseph Menn in San Francisco and John Walcott in Washington; Editing by Jonathan Weber and Grant McCool)

McCain vows to block proposed separation of NSA, cyber command

U.S. Senator John McCain speaks at the Munich Security Conference in Munich, Germany,

By Patricia Zengerle

WASHINGTON (Reuters) – U.S. Senator John McCain said on Tuesday he would use his power to block the confirmation of a key cybersecurity official if necessary to prevent any Obama administration move to separate the U.S. Cyber Command from the National Security Agency.

“I do not believe rushing to separate the ‘dual hat’ in the final months of an administration is appropriate, given the very serious challenges we face in cyberspace,” McCain, the Republican chairman of the Senate Armed Services Committee, said at a hearing.

“Dual hat” refers to one individual holding both positions.

Current and former U.S. officials told Reuters in August that President Barack Obama’s administration was preparing to elevate the stature of the Department of Defense’s Cyber Command, including separating it from the NSA.

Officials argued that the focus of the NSA, a spy agency responsible for electronic eavesdropping, is gathering intelligence, often favoring the monitoring of an enemy’s cyber activities.

Cyber Command’s mission is geared more to shutting down cyber attacks – and, if ordered, counter attacking.

McCain said the two agencies must work closely together to protect U.S. national security and he would block any nominee if that person was not nominated both to run the NSA and lead Cyber Command.

He also said he wanted the administration to provide his panel with detailed plans of its proposed reorganization.

“This committee does not take well to being stonewalled while their colleagues in the administration leak information to the press,” McCain said.

Admiral Mike Rogers, the current NSA director and head of Cyber Command, told the hearing that he did not think it was in the best U.S. national security interest at this point to separate the two functions.

(Reporting by Patricia Zengerle; Editing by Bill Trott)

Hacking group claims to offer cyber-weapons in online auction

Cyber coder

By Joseph Menn

(Reuters) – Hackers going by the name Shadow Brokers said on Monday they will auction stolen surveillance tools they say were used by a cyber group linked to the U.S. National Security Agency.

To arouse interest in the auction, the hackers released samples of programs they said could break into popular firewall software made by companies including Cisco Systems Inc, Juniper Networks Inc and Fortinet Inc.

The companies did not respond to request for comment, nor did the NSA.

Writing in imperfect English, the Shadow Brokers promised in postings on a Tumblr blog that the auctioned material would contain “cyber weapons” developed by the Equation Group, a hacking group that cyber security experts widely believe to be an arm of the NSA. [http://reut.rs/2aVA7LD]

The Shadow Brokers said the programs they will auction will be “better than Stuxnet,” a malicious computer worm widely attributed to the United States and Israel that sabotaged Iran’s nuclear program.

Reuters could not contact the Shadow Brokers or verify their assertions. Some experts who looked at the samples posted on Tumblr said they included programs that had previously been described and therefore were unlikely to cause major damage.

“The data [released so far] appears to be relatively old; some of the programs have already been known for years,” said researcher Claudio Guarnieri, and are unlikely “to cause any significant operational damage.”

Still, they appeared to be genuine tools that might work if flaws have not been addressed. After examining the code released Monday, Matt Suiche, founder of UAE-based security startup Comae Technologies, concluded they looked like “could be used.”

Other security experts warned the posting could prove to be a hoax. The group said interested parties had to send funds in advance of winning the auction via Bitcoin currency and would not get their money back if they lost.

The auction will end at an unspecified time, Shadow Brokers said, encouraging bidders to “keep bidding until we announce winner.”

(Editing by Cynthia Osterman)

NSA chief says ‘when, not if’ foreign country hacks U.S. infrastructure

SAN FRANCISCO (Reuters) – The U.S. National Security Agency chief said on Tuesday it was a “matter of when, not if” a foreign nation-state attempts to launch a cyber attack on the U.S. critical infrastructure, citing the recent hack on Ukraine’s power grid as a cause for concern.

Speaking at the RSA cyber security conference in San Francisco, Admiral Michael Rogers said he was also worried about data manipulation and potential offensive cyber threats posed by non-nation-state actors such as Islamic State.

The U.S. government said last week a December blackout in Ukraine that affected 225,000 customers was the result of a cyber attack, supporting what most security researchers had already concluded.

Some private researchers have linked the incident to a Russian hacking group known as “Sandworm.”

(Reporting by Dustin Volz; Editing by Jeffrey Benkoe)

NSA chief says ‘when, not if’ foreign country hacks U.S. infrastructure

SAN FRANCISCO (Reuters) – The U.S. National Security Agency chief said on Tuesday it was a “matter of when, not if” a foreign nation-state attempts to launch a cyber attack on the U.S. critical infrastructure, citing the recent hack on Ukraine’s power grid as a cause for concern.

Speaking at the RSA cyber security conference in San Francisco, Admiral Michael Rogers said he was also worried about data manipulation and potential offensive cyber threats posed by non-nation-state actors such as Islamic State.

The U.S. government said last week a December blackout in Ukraine that affected 225,000 customers was the result of a cyber attack, supporting what most security researchers had already concluded.

Some private researchers have linked the incident to a Russian hacking group known as “Sandworm.”

(Reporting by Dustin Volz; Editing by Jeffrey Benkoe)

National Security Agency merging offensive, defensive hacking operations

WASHINGTON (Reuters) – The U.S. National Security Agency on Monday outlined a reorganization that will consolidate its spying and domestic cyber-security operations, despite recommendations by a presidential panel that the agency focus solely on espionage.

The NSA said the reorganization, known as “NSA21,” or NSA in the 21st century, will take two years to complete, well into the first term of whoever is elected president in November.

A review board appointed by President Barack Obama recommended in December 2013 that the NSA concentrate solely on foreign intelligence gathering. The board’s recommendations came as the United States was reeling from disclosures from former NSA contractor Edward Snowden about the collection of vast amounts of domestic and international communications data.

Under the board’s plan, a separate agency would have been housed within the Department of Defense with responsibility for enhancing the security of government networks and assisting corporate computer systems.

Ignoring that recommendation, the Obama administration will replace its separate spying and cyber-defense directorates with a unified organization responsible for both espionage and helping defend U.S. computer networks.

The “new structure will enable us to consolidate capabilities and talents to ensure that we’re using all of our resources to maximum effect to accomplish our mission,” NSA Director Mike Rogers said in a workforce address made publicly available on Monday.

Some technology specialists and privacy advocates have said the government agency responsible for building and exploiting flaws in computer software for spying purposes should not be the same one entrusted to warn companies about detected software weaknesses.

The presidential panel cited concerns about “potential conflicts of interest” between the NSA’s offensive and defensive objectives, in addition to the need to restore confidence with the U.S. technology industry to induce better cyber-security collaboration.

“I hope the NSA will explain its strategy for continuing to rebuild trust with the private sector,” Peter Swire, a professor of law at the Georgia Institute of Technology, who served on the five-member review group, said on Monday.

In November, the NSA told Reuters it informed U.S. technology firms more than 90 percent of the time about serious software flaws it found. The spy agency did not say how quickly it alerted those firms, leaving open the possibility it exploits software vulnerabilities before sharing details about them.

(Reporting by Dustin Volz; Editing by Peter Cooney)

Ted Koppel States that the U.S. is Unprepared for an Attack on the Power Grid

Veteran journalist, Ted Koppel, is getting the word out to the American public that the U.S. does not have a plan for a cyberattack against the power grid.

In his latest book “Lights Out,” Koppel writes on what would happen if another country took out the nation’s power grid via hacking, and how it would be difficult for unprepared American residents to survive.

“It’s frightening,” Koppel told CBS News. “I mean, it is frightening enough that my wife and I decided we were going to buy enough freeze-dried food for all of our kids and their kids.”

Koppel went on to say that the former Chief Scientists of the NSA told him that Russia and China were already in the power grid. And soon, Iran and terrorist groups like ISIS may be able to hack their way into the power grid’s system that is connected to the Internet.

“I’m not sure why it hasn’t happened yet,” cyber security consultant Larry Pesce told CBS. “It’s definitely not for lack of capability on various parts, be it us or the enemy. I think it comes down to timing. I think we need to make the right people mad at the right time.”

According to Koppel, he has talked with every former secretary of Homeland Security and they all said the same thing: there is no plan for a cyberattack against the power grid. However, Homeland Security replied to CBS saying that there is a plan, but they did not give details.

A former Defense Department official, Paul Stockton, told CBS that Koppel is wrong. While there is a plan in place, Stockton did admit that there could be improvement in security measures both through the government and the power companies.

“The government is building plans very, very quickly now to help manage the consequences of an attack on the grid,” Stockton said.

Stockton did add that Koppel was smart for stocking up on food and water for him and his family.

Average citizens need to be able to take care of their own families and their own neighborhoods and their own communities, and not assume that Uncle Sam is somehow going to magically bring in the cavalry and rescue them,” he said.

Edward Snowden Claims Smartphones can Easily be Hacked

Whistleblower Edward Snowden rocked the world when he called out the actions of the NSA, but he now has new revolutionary information: UK spy agency GCHQ has the ability to hack into smartphones with encrypted text messages, and the owner would never know.

In an interview with the BBC’s Panorama program, he stated that the GCHQ “invested heavily” into technology that allows them to hack smartphones belonging to the public. The agency could gain access to the phones to take pictures and listen in to conversations.

“They want to own your phone instead of you,” he explained.

Snowden went on to explain that the GCHQ had a collection of secret intercept capabilities called a “Smurf Suite,” named after the cartoon series. Each “Smurf” controls a different aspect of the phone.

“Dreamy Smurf is the power management tool which means turning your phone on and off with you knowing,” he said.

“Nosey Smurf is the ‘hot mic’ tool. For example if it’s in your pocket, [GCHQ] can turn the microphone on and listen to everything that’s going on around you – even if your phone is switched off because they’ve got the other tools for turning it on.

“Tracker Smurf is a geo-location tool which allows [GCHQ] to follow you with a greater precision than you would get from the typical triangulation of cellphone towers.”

In order to hack the smartphone, the GCHQ sends a simple text message that is hidden from the owner. That text contains an exploit that allows the agency to control the software of the smartphone.

“You paid for [the phone] but whoever controls the software owns the phone,” Snowden added.

Facebook Privacy Concern for EU Citizen Continues

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The European Union’s (EU) highest court gave their opinion on a security matter concerning Facebook handing over user data of EU citizens to United States officials. The opinion of the European Court of Justice ruled that the data sharing rules between Europe and the U.S. were “invalid.”

An agreement was reached in 2000 between Europe and the U.S. allowing tech firms to transfer user data in huge quantities to U.S. servers. However, the court believes the deal is no longer valid due to recent allegations of mass spying by U.S. intelligence agencies.

The case was brought forward by activist and Austrian law student Max Schrems. Schrems was concerned with how his personal data could be transferred to the U.S. through Facebook. To illustrate the problem, he used documents leaked by Edward Snowden.

“This finding, if confirmed by the court, would be a major step in limiting the legal options for U.S. authorities to conduct mass surveillance on data held by EU companies, including EU subsidiaries of U.S. companies,” Schrems said in a statement.

A final ruling is expected later this year. If ruled in favor of Schrems, Facebook’s European branch in Ireland “would be barred from processing its data in the U.S., but would have to process its data in a place where those data are not subject to NSA mass-surveillance,” Herwig Hofmann, a lawyer representing Schrems, told reporters.

Facebook continues to state that have broken no laws and are in complete compliance with the EU Data Protection Law.

“We have repeatedly said that we do not provide ‘backdoor’ access to Facebook servers and data to intelligence agencies or governments,” said Facebook spokeswoman Sally Aldous.

The case is: C-362/14, Maximillian Schrems v. Data Protection Commissioner.