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  • Ben Wizner: Not a lot of applause for us. Chris Saghoian: I know.

  • Ben Wizner: Are they ready? Chris Saghoian: I think so.

  • Ben Wizner: Ok, I think we'll get started. Thank you all so much for being here. There

  • wasn't a lot of applause when we came on stage so I guess you're here to see somebody else. (( Applause ))

  • My name is Ben Wizner; I'm joined by my colleague Chris Saghoian from the ACLU. Maybe we can

  • bring up on screen the main attraction.

  • Edward Snowden: Hello. Ben Wizner: With his very clever green screen. Please bear with us today, the technology

  • may have some kinks. The video may be a little bit choppy. Our friend is appearing through

  • 7 proxies so if the video is a little slow.

  • You're joining us for the event that one member of congress from the great state of Kansas hoped would not occur. He wrote to the organizers

  • or SXSW urging them rescind the invitation to Mr. Snowden. The letter included this very

  • curious line, "The ACLU would surely concede that freedom expression for Mr. Snowden has

  • declined since he departed American soil". No one disputes that freedom of expression

  • is stronger here than there but if there's one person for whom that's not true, it's

  • Ed Snowden. If he were here in the United States he would be in a solitary cell, subject

  • probably to special administrative measures that would prevent him from being able to

  • communicate to the public and participate in the historic debate that he helped launch.

  • We're really delighted to be here. One more bit of housekeeping. As I'm sure

  • most of you know, you can ask questions for Mr. Snowden on twitter using the hash tag

  • AskSnowden. Some group of people backstage will decide which of those questions we see

  • here. We'll try to leave at least 20 minutes or so for those questions. As I said, Ed Snowden's

  • revelations and the courageous journalism of people like Bart Gellman who you just heard,

  • Glenn Greenwald, Laura Poitras, and others has really launched an extraordinary global

  • debate. You might think of that debate as occurring over 2 tracks. There is a debate

  • in Washington in the halls of power about law and policy about what democratic controls

  • we need to reign in NSA spying that takes place in courts that are considering the legality,

  • the constitutionality of these programs in the legislature, considering legislation.

  • There's a very different conversation that you here in conference rooms in technology

  • companies, particularly among people working on security issues. Those people are talking

  • less about the warrant requirement for meta data and more about why the hell the NSA is

  • systematically undermining common encryption standards that we all use. Why is the NSA

  • targeting telecommunication companies, internet companies, hacking them to try to steal their

  • customer data, basically manufacturing vulnerabilities to poke holes in the communication systems

  • that we all rely on? We're hoping to mostly focus on that latter conversation here.

  • With that in mind, Ed if you're with us, maybe you could say a few words about why you chose

  • for some of your first public remarks to speak to the technology community rather than say

  • the policy community in Washington. Edward Snowden: Well thank you for the introduction.

  • I will say SXSW and the technology community, the people who are in the room at Austin right

  • now, they're the folks who can really fix things. Who can enforce our rights through

  • technical standards even when congress hasn't yet gotten to the point of creating legislation

  • to protect our rights in the same manner? When we think about what's happened with the

  • NSA in the last decade, in the post 9/11 era... the result has been an adversarial internet,

  • a sort of global free fire zone for governments that's nothing that we ever asked for. It's

  • not what we wanted. It's something we need to protect against.

  • When we think about the policies that have been advanced... sort of erosion of fourth

  • amendment protections, the proactive seizure of communications, there's a policy of response

  • that needs to occur. There's also a technical response that needs to occur. It's the makers,

  • it's the thinkers, it's the development community that can really craft those solutions and

  • make sure we are safe. The NSA... the sort of global mass surveillance

  • that's prying at all of these countries not just the US, and it's important to remember

  • that this is a global issue, they're setting fire to the future of the internet. The people

  • who are in this room now, you guys are all the firefighters. We need you to help us fix

  • this. Ben Wizner: So Chris, you heard Ed say that

  • the NSA offensive mass surveillance programs, the sort of manufacturing of vulnerabilities,

  • is setting fire to the future of the internet. Do you want to comment on that?

  • Chris Saghoian: Sure. Many of the communications tools that we all rely on are not as secure

  • as they could be. Particularly for the apps and services that are made by small companies

  • and small groups of developers, security is often an afterthought if it's a thought at

  • all. What that's done is enable global passive surveillance by the US but other governments

  • too. What I think has been the most lasting impression

  • for me from the last 8 months is the fact that the real technical problems that the

  • NSA seems to have are not, "How do we get people's communications" but, "How do we deal

  • with the massive amounts of communication data that we're collecting?" The actual collection

  • problem doesn't seem to be a bottleneck for the NSA. That's because so many of the services

  • that we're all relying on are not secure by default.

  • I really think for this audience, one of the things that we should be thinking about and

  • hopefully taking home is the fact that we need to lock things down. We need to make

  • services secure out of the box. That's going to require a rethink by developers. It's going

  • to require the developers start to think about security early on rather than later on down

  • the road. Ben Wizner: Let me pick up on that. Ed, you

  • submitted written testimony last week to the European parliament. I want to quote a very

  • short part of that and have you elaborate on it. You said, "In connection with mass

  • surveillance, the good news is that there are solutions. The weakness of mass surveillance

  • is that it can very easily be made much more expensive through changes in technical standards".

  • What kind of changes were you talking about and how can we ensure that we make mass surveillance

  • more expensive and less practical? Edward Snowden: The primary challenge that

  • mass surveillance faces from any agency, any government of the world, is not just how do

  • you collect to communications as they cross the wires, as they sort of find their way

  • through the global network, but how do you interpret them? How do you understand them?

  • How do you direct them back out and analyze them? [inaudible 00:08:35] at least on the

  • easiest, the simplest, most cost effective basis by encryption.

  • There are 2 methods of encryption that are generally used, one which is deeply problematic.

  • One of those is what's called key escrow. It's sort of what we're using with Google

  • type services, Skype type services, right now where I encrypt a video chat and I send

  • it to Google. Google decrypts it and then re-encrypts it to you guys and we have it.

  • End-to-end encryption, where it's from my computer directly to your computer, makes

  • mass surveillance impossible at the network level without a crypto break. They are incredibly

  • rare and they normally don't work. They're very expensive. By doing end-to-end encryption,

  • you force what are called threat model global passive adversaries to go through the end

  • heads, that is the individual computers. The result of that is a more constitutional,

  • more carefully overseen sort of intelligence gathering model, law enforcement model, where

  • if they want to gather somebody's communications, they'd have to target them specifically. They

  • can't just target everybody all the time and then when they want to read your stuff, they

  • go back in a time machine and they say, "What did they say in 2006?"

  • They can't pitch exploits in every computer in the world without getting caught. That's

  • the value of end-to-end encryption and that's what we need to be thinking about. We need

  • to go, "How can we enforce these protections in a simple, cheap, and effective way that's

  • invisible to [users 00:10:17]. I think that's the way to do it.

  • Ben Wizner: So Chris, one of the obstacles to widespread end-to-end encryption is that

  • many of us get our e-mail service from advertising companies that need to be able to read the

  • e-mails in order to serve us targeted ads. What are steps that even a company like Google

  • that's an advertising company or companies like that can do to make mass surveillance

  • more difficult? Are there things or do we really need new business models to accomplish

  • what Ed is talking about? Chris Saghoian: In the last 8 months, the

  • big Silicon Valley technology companies have really improved their security in a way that

  • was surprising to many of us who have been urging them for years to do so. Yahoo was

  • kicking and screaming the whole way but they finally turned on SSL encryption in January

  • of this year after Bart Gellman and Ashkan Soltani shamed them on the front page of the

  • Washington Post. The companies have locked things down, but

  • only in a certain way. They've secured the connection between your computer and Google's

  • server or Yahoo's server or Facebook's server which means that governments have to now go

  • through Google or Facebook or Microsoft to get your data instead of getting it with AT&T's

  • help or Verizon's help or Comcast or any party that watches the data as it goes over the

  • network. I think it's going to be difficult for these

  • companies to offer truly end-to-end encrypted service simply because it conflicts with their

  • business model. Google wants to sit between you and everyone you interact with and provide

  • some kind of added value whether that added value is advertising or some kind of information

  • mining, improved experience, telling you when there are restaurants nearby, where you can

  • meet your friends. They want to be in that connection with you. That makes it difficult

  • to secure those connections. Ben Wizner: Is this the right time for a shout

  • out to Google that is in this conversation with us right now?

  • Chris Saghoian: The irony that we're using Google hangouts to talk to Ed Snowden has

  • not been lost on me or our team here. I should be clear; we're not getting any advertising

  • support from Google here. The fact is that the tools that exist to enable secure end-to-end

  • encrypted video conferencing are not very polished. Particularly when you're having

  • a conversation with someone who's in Russia and who's bouncing his connection through

  • several proxies, the secure communications tools tend to break.

  • This I think reflects the state of play with many services. You have to choose between

  • a service that's easy to use and reliable and polished or a tool that is highly secure

  • and impossible for the average person to use. I think that reflects the fact that the services

  • that are developed by large companies with the resources to put 100 developers on the

  • user interface, those are the ones that are optimized for security. The tools that are

  • designed with security as the first goal are typically made by independent developers,

  • activists, and hobbyists. They're typically tools made by geeks for geeks.

  • What that means is the world... the regular users have to pick. They have to pick between

  • a service they cannot figure out how to use or a service that is bundled with their phone

  • or bundled with their laptop and works out of the box. Of course rational people choose

  • the insecure tools because they're the ones that come with the devices they buy and work

  • and are easy for people to figure out. Ben Wizner: Let's bring Ed back into this.

  • In a way, this whole affair began with Glenn Greenwald not being able to use PGP which

  • is somewhat of a joke in the tech community but really not outside the tech community.

  • PGP is not easy to install and it's not easy to use. Using Tor, using Tails... I feel like

  • I need new IT support in my office just to be able to do this work. You're addressing

  • an audience that includes a lot of young technologists. Is there a call to arms for people to make

  • this stuff more usable so that not only technologists can use it?

  • Edward Snowden: There is. I think we're actually seeing a lot of progress being made here.

  • Whisper Systems, the sort of Moxie Marlinspike of the world, are focusing on new user experiences,

  • new UIs. Basically ways for us to interact with cryptographic tools which is the way

  • it should be, where it happens invisible to the user, where it happens by default. We

  • want secure services that aren't [opt in 00:14:46]. It's got to pass the Glenn Greenwald test.

  • If any journalist in the world gets an e-mail from somebody saying, "Hey, I have something

  • that the public might want to know about" they need to be able to open it. They need

  • to be able to access that information. They need to be able to have those communications

  • whether they're a journalist, an activist, or it could be your grandma. This is something

  • that people have to be able to access. The way we interact with it right now is not

  • good. If you have to go to command log, people aren't going to use it. If you have to go

  • 3 menus deep, people aren't going to use it. It has to be out there. It has to have it

  • automatically. It has to happen seamlessly. That's [inaudible 15:27].

  • Ben Wizner: So who are we talking to, Chris? Are we talking now to technology companies?

  • Are we talking to foundations to support the development of more usable security? Are we

  • talking just to developers? Who's the audience for this call to arms?

  • Chris Saghoian: I think the audience is everyone. We should understand that most regular people

  • are not going to go out and download an obscure encryption app. Most regular people are going

  • to use the tools that they already have. That means they're going to be using Facebook or

  • Google or Skype. A lot of our work goes into pressuring those companies to protect their

  • users. In January of 2010, Google turned on SSL,

  • the lock icon on your web browser. They turned it on by default for Gmail. It had previously

  • been available but it had been available through an obscure setting, the 13th of 13 configuration

  • options. Of course, no one turned it on. When Google turned that option on, suddenly they

  • made passive bulk surveillance of their users' communications far more difficult for intelligence

  • agencies. They did so without requiring that their users

  • take any steps. One day their users logged into their mail and it was secure. That's

  • what we need. We need services to be building security in by default an enabled without

  • any advanced configuration. That doesn't mean that small developers cannot play a role.

  • There are going to be hot new communications tools.

  • WhatsApp basically came out of nowhere a few years ago. What I want is for the next WhatsApp

  • or the next Twitter to be using encrypted end-to-end communication. This can be made

  • easy to use. This can be made useable. You need to put a team of user experience developers

  • on this. You need to optimize. You need to make it easy for the average person.

  • If you're a startup and you're working on something, bear in mind that it's going to

  • be more difficult for the incumbents to deliver secure communications to their users because

  • their business models are built around advertising supported services. You can more effectively

  • and more easily deploy these services than they can. If you're looking for an angle here,

  • we're slowly getting to the point where telling your customers, "Hey, 5 dollars a month for

  • encrypted communications. No one can watch you" I think that's something many consumers

  • might be willing to pay for. Edward Snowden: If I could actually take you

  • back on that real quick, one of the things that I want to say is for the larger company,

  • it's not that you can't collect any data. It's that you should only collect the data

  • and hold it for as long as necessary for the operation of the business. Recently EC-Council,

  • one of the security certification providers intact, they actually spilled my passport,

  • a copy of my passport and my registration, and posted them to the internet when they

  • defaced the site. I submitted those forms back in 2010. Why

  • was that still [inaudible 00:18:20]? Was it still necessary for the business? That's a

  • good example of why these things need to age [off 00:18:26]. Whether you're Google or Facebook,

  • you can do these things in a responsible way. You can still get the value out of these that

  • you need to run your business [inaudible 00:18:38] without [inaudible 00:18:40]

  • Ben Wizner: We didn't have great audio here that response but what Ed was saying is that

  • even companies whose business model relies on them to collect and aggregate data don't

  • need to store it indefinitely once its primary use has been accomplished. His example was

  • that some company was hacked and they found some of his data from 4 years ago that clearly

  • there was no business reason for them still to be holding on to.

  • Let's switch gears a little bit. Last week General Keith Alexander who heads the NSA

  • testified that the disclosures of the last 8 months have weakened the country's cyber

  • defenses. Some people might think there's a pot in the kettle problem coming from him

  • but what was your response to that testimony? Edward Snowden: It's very interesting to see

  • officials like Keith Alexander talking about damage that's been done to the defense of

  • our communications. More than anything, there have been 2 officials in America who have

  • harmed our internet security and actually our national security because so much of our

  • country' economic success is based on our intellectual property. It's based on our ability

  • to create, share, communicate, and compete. Those two Officials are Michael Hayden and

  • Keith Alexander, two directors of the National Security Agency in the post 9/11 era who made

  • a very specific change. That is they elevated offensive operations, that is attacking, over

  • the defense of our communications. They began eroding the protections of our communications

  • in order to get an attacking advantage. This is a problem for 1 primary reason. America

  • has more to lose than anyone else when every attack succeeds. When you are the one country

  • in the world that has a vault that's more full than anyone else's, it doesn't make sense

  • for you to be attacking all day and never defending your full vault. It makes even less

  • sense when you set standards for vaults worldwide to have a big back door that anybody can walk

  • into. That's what we're running into today. When

  • he says these things have weakened national security... these are improving our national

  • security. These are improving the communications not just of Americans but everyone in the

  • world. When you rely on the same standard, we rely on the ability to trust our communications.

  • Without that, we don't have anything. Our economy cannot succeed.

  • Ben Wizner: So Chris, Richard Clarke testified a few weeks back that it's more important

  • for us to be able to defend ourselves against attacks from China than to be able to attack

  • China using our cyber tools. I don't think everybody understands that there is any tension

  • whatsoever between those 2 goals. Why are they in opposition to each other?

  • Chris Saghoian: As a country, we have public officials testifying in Washington saying

  • that cyber security is the greatest threat this country now faces, greater than terrorism.

  • We've had both the director of the FBI and the director of National Intelligence say

  • this in testimony to congress. I think it's probably true that we do in fact face some

  • kind of cyber security threat. Our systems are not as safe as they could be and we are

  • all vulnerable to compromise in one way or another.

  • What should be clear is that this government isn't really doing anything to keep us secure

  • and safe. This is a government that has prioritized for offense rather than defense. If there

  • were 100% increase in murders in Baltimore next year, the Chief of Police of Baltimore

  • would be fired. If there was 100% increase in fishing attacks, successful fishing attacks

  • where people's credit card numbers get stolen, no one gets fired.

  • As a country, we have basically been left to ourselves. Every individual person is left

  • to defend themselves online. The government has been hoarding information about information

  • security vulnerabilities. In some cases, there was a disclosure in the New York Times last

  • fall revealing the NSA has been partnering with US technology companies to intentionally

  • weaken the security of the software that we all use and rely on.

  • The government has really been prioritizing its efforts on information collection. There

  • is this fundamental conflict. There's a tension which is that a system that is secure is difficult

  • to surveil and a system that is designed to be surveiled is a target waiting to be attacked.

  • Our networks have been designed with surveillance in mind. We need to prioritize cyber security.

  • That's going to mean making surveillance more difficult. Of course the NSA and their partners

  • in the intelligence world are not crazy about us going down that path.

  • Ben Wizner: So Ed, if the NSA is willing to take these steps that actually weaken security,

  • that spread vulnerabilities that make is sometimes easier not just for us to do surveillance

  • but for others to attack, they must think there's an awfully good reason for doing that.

  • Their bulk collection programs that these activities facilitate, the collected mentality,

  • that it really works. This is a very, very effective surveillance method in keeping us

  • safe. You sat on the inside of these systems for

  • longer than people realize. Do these mass surveillance programs do what our intelligence

  • officials promise to congress that they do? Are they effective?

  • Edward Snowden: They're not. That's actually something that I'm a little bit sympathetic

  • to because we got to turn back the clock a little bit and remember that they thought

  • it was a great idea but no one had ever done it before, at least publically. They went,

  • "Hey, we can spy on everybody in the world all at once. It'll be great. We'll know everything".

  • The reality is when they did it, they found out it didn't work. It was such [inaudible

  • 00:24:58]. It was so successful in securing funding and so great at getting [inaudible

  • 00:25:02]; it was so great at winning new contracts that nobody wanted to say no.

  • The reality is now, we have reached a point where the majority of Americans' telephone

  • communications are being recorded. We got all this meta data that's being stored for

  • years and years and years. Too many White House investigations have found it has no

  • value at all. It's never helped us. Beyond that, we've got to think about what are we

  • doing with those resources? What are we getting out of it?

  • As I said in my European parliament testimony, we actually had tremendous intelligence failures

  • because we're monitoring the internet. We're monitoring everybody's communications instead

  • of suspects' communications. That lack of focus has caused us to miss leads that we

  • should have had, Tamerlan Tsarnaev of the Boston bombers. The Russians had warned us

  • about it but we did a very poor effort investigating [inaudible 00:26:04]. We had people looking

  • at other things. If we hadn't spent so much on mass surveillance, if we followed the traditional

  • models, we might have caught that. Umar Farouk Abdulmutallab, the underwear bomber,

  • same thing. His father walked into a US embassy, he went to a CIA officer, he said, "My son

  • is dangerous. Don't let him go to your country. Get him help". We didn't follow up. We didn't

  • actually investigate this guy. We didn't dedicate a team to figure out what was going on because

  • we all this money, we spent all of this time, hacking into Google and Facebook's back ends

  • to look at their data center communications. What did we get out of it? We got nothing

  • and 2 White House investigations that confirmed that.

  • Ben Wizner: Chris, if as Ed says these bulk collection programs are not all that effective,

  • that the resources that go into this would be better directed at targeted surveillance,

  • why are they dangerous? Chris Saghoian: Because the government has

  • created this massive database of everyone's private information. In an NSA building somewhere

  • probably in Maryland, there is a record of everyone who's called an abortion clinic,

  • everyone who's called an alcoholics anonymous hotline, everyone who's called a gay bookstore.

  • They tell us, "Don't worry, we're not looking at it" or "We're not looking at It in that

  • way. We're not doing those kinds of searches" but I think many Americans would have good

  • reason to not want that information to exist. Regardless of which side of the political

  • spectrum you are, you probably don't want the government to know that you're calling

  • an abortion clinic, a church, or a gun store. You may think quite reasonably that that is

  • none of the government's business. I think when you understand that the government can

  • collect this information at this scale, they can hang onto it and figure out uses for it

  • down the road, I think many Americans are quite fearful of this slippery slope, this

  • surveillance that happens behind closed doors. Even if you trust this administration we have

  • right now, the person who sits in the oval office changes every few years. You may not

  • like the person who's going to sit there in a few years with that data that was collected

  • today. Ben Wizner: Ed we lost you for a moment but

  • can you still hear us? Edward Snowden: I can hear you.

  • Ben Wizner: Ok. Just before this began, I got an e-mail from Sir Tim Berners-Lee, the

  • creator of the World Wide Web who asked for the privilege of the first question to you.

  • I think I'm willing to extend that to him. He wanted to thank you. He believes that your

  • actions have been profoundly in the public interest. That was applause if you couldn't

  • hear it. He asks if you could design from scratch an

  • accountability system for governments over national security agencies, what would you

  • do? It's clear that intelligence agencies are going to be using the internet to collect

  • information from all of us. Is there any way that we can make oversight more accountable

  • and improved? Edward Snowden: That's a really interesting

  • question. It's also a very difficult question. Oversight models, [inaudible 00:29:41] models,

  • these are things that are very complex. They've got a lot of moving parts. When you add in

  • [inaudible 00:29:47], when you add in public oversight, it gets complex. We've got a good

  • starting point and that's what we have to remember. We have an oversight model that

  • could work. The problem is when the overseers aren't interested in oversight, when we've

  • got 7 intelligence committees, house intelligence committees that are cheerleading for the NSA

  • instead of holding them to account. When we have James Clapper the Director of

  • National Intelligence in front of them and he tells a lie that they all know is a lie

  • because they're briefed on the program because they got the collections a day in advance

  • and no one says it, allowing all the American people to believe that this is a true answer,

  • that's an incredibly dangerous thing. That's the biggest [inaudible 00:30:36]. When I would

  • say, "How do we fix our oversight model? How do we structure an oversight model that works?"

  • the key factor is accountability. We can't have officials like James Clapper

  • who can lie to everyone in the country, who can lie to the congress, and face not even

  • a criticism. Not even a strongly worded letter. The same thing with courts. In the United

  • States we've got open courts that are supposed to decide [inaudible 00:31:06] constitutional

  • issues to interpret and apply the law. We also have the FISA court, which is a secret

  • rubber stamped court, but they're only supposed to approve warrant applications. These happen

  • in secret because you don't want people to know the government wants to surveil. At the

  • same time, a secret court shouldn't be interpreting the constitution when only NSA's lawyers are

  • making the case about how it should be [inaudible 00:31:40]. Those are the 2 primary factors

  • that I think need to change. The other thing is we need public advocates.

  • We need public representatives. We need public oversight. Some way for trusted public figures,

  • sort of civil rights champions, to advocate for us and to protect the structure and make

  • sure it's been fairly applied. We need a watchdog that watches congress. Something that can

  • tell us these guys didn't tell you that you were just lied to. Otherwise, how do we vote?

  • If we're not informed, we can't consent to these policies. I think that's damaging.

  • Ben Wizner: For what it's worth, my answer to Sir Tim is Ed Snowden. Before these disclosures,

  • all 3 branches of our government had gone to sleep on oversight. The courts had thrown

  • cases out, as he said. Congress allowed itself to be lied to. The executive branch did no

  • reviews. Since Ed Snowden and since all of us have been read in to these programs, we're

  • actually seeing reinvigorated oversight. It's the oversight that the constitution had in

  • mind but sometimes it needs a dusting off. Ed has been the broom.

  • Chris Saghoian: I just wanted to also note that without Ed's disclosures, many of the

  • tech companies would not have improved their security either at all or at the rate that

  • they did. The prism story, although there was a lack of clarity initially about what

  • it really said, put the names of billion dollar American companies on the front page of the

  • newspaper and associated them with bulk surveillance. You saw the companies doing everything in

  • their power publically to distance themselves and also show that they were taking security

  • seriously. You saw companies like Google, Microsoft, and Facebook rushing to encrypt

  • their data centers with data center connections. You saw companies like Yahoo! finally turning

  • on SSL encryption. Apple fixed a bug in its address book app that allowed Google users'

  • address books to be transmitted over networks in an unencrypted form. Without Ed's disclosures,

  • there wouldn't have been as much pressure for these tech companies to encrypt their

  • information. There are going to be people in this audience

  • and people who are listening at home who think that what Ed did is wrong. Let me be clear

  • about one really important thing. His disclosures have improved internet security. The security

  • improvements we've gotten haven't just protected us from bulk government surveillance. They've

  • protected us from hackers at Starbucks who are monitoring our Wi-Fi connections; they've

  • protected us from stalkers, identity thieves, and common criminals.

  • These companies should have been encrypting their communications before and they weren't.

  • It really took, unfortunately, the largest and most profound whistle blower in history

  • to get us to this point where these companies are finally prioritizing the security of their

  • users' communications between them and the companies. We all have Ed to thank for this.

  • I cannot emphasize enough. Without him, we would not have Yahoo! users getting SSL, we

  • would not have this data going over the network in encrypted form.

  • It shouldn't have taken that. The companies should have done it by themselves. There should

  • be regulation or privacy regulators who are forcing these companies to do this. That isn't

  • taking place so it took Ed to get us to a secure place.

  • Ben Wizner: Great. Remember the hash tag is AskSnowden. We'll take our first question,

  • please forgive pronunciations, from Max [Zerk-an-tin 00:35:36]. The question for Ed and Chris to,

  • why is it less bad if big corporations get access to our information instead of the government?

  • Ed, did you hear it? Edward Snowden: Yes, I did. This is something

  • that's actually been debated. We see people's opinions, people's responses to this evolving

  • which is good. This is why we need to have these conversations. We don't know. Right

  • now my thinking, and I believe the majority's thinking, is that the government has the ability

  • to deprive you of rights. Governments around the world, whether it's the United Stated

  • Government, whether it's the Yemeni government, whether it's Zaire, any country, they have

  • police powers, they have military powers, they have intelligence powers. They can literally

  • kill you. They can jail you. They can surveil you.

  • Companies can surveil you to sell you products, to sell your information to other companies,

  • and that can be bad but you have legal [inaudible 00:36:41]. First off, it's typically a voluntary

  • contract. Secondly, you've got court challenges you use. If you challenge the government about

  • these things, and the ACLU itself has actually challenged some of these cases, the government

  • throws [inaudible 00:36:58] and says, "You can't even ask about this". The courts aren't

  • allowed to tell us whether this is legal or not because we're just going to do it anyway.

  • That's the difference and it's something we need to watch out for.

  • Ben Wizner: Chris do you want to address it or should we take the next question?

  • Chris Saghoian: Sure, just quickly. I'm not crazy about the amount of data that Google

  • and Facebook collect. Of course everything they get, the government can come and ask

  • for too. There's the collection the government is doing by itself, and then there's the data

  • that they can go to Google and Facebook and force them to hand over. We should remember

  • that the web browser that you're likely using, the most popular browser right now is Chrome.

  • The most popular mobile operating system is now Android. Many of the tools that we're

  • using, whether web browsers or operating systems or apps, are made by advertising companies.

  • It's not a coincidence that Chrome is probably a less privacy-preserving browser. It's tweaked

  • to allow data collection by third parties. The android operating system is designed to

  • facilitate disclosure of data to third parties. Even if you're ok with the data that companies

  • are collecting, we should also note that the tools that we use to browse the web and the

  • tools that ultimately will either permit our data to be shared or prevent it from being

  • shared are made by advertising companies. This makes the NSA's job a lot easier. If

  • the web browsers we were using were locked down by default, the NSA would have a much

  • tougher time but advertising companies are not going to give us tools that are privacy

  • preserving by default. Ben Wizner: Let's take another question from

  • [Jodi Se-ra-no 00:38:31] to Snowden from Spain. Do you think the US surveillance systems might

  • encourage other countries to do the same? Edward Snowden: Yes. This is actually one

  • of the primary dangers not just of the NSA's activities but in not addressing and resolving

  • these issues. It's important to remember that Americans benefit profoundly on this because

  • again, as we discussed, we've got the most to lose from being hacked. At the same time,

  • every citizen in every country has something to lose. We all are at risk of unfair, unjustified,

  • unwarranted interference in our private lives. Through ought history, we've seen governments

  • sort of repeat the trend where it increases and it gets to a point where they crossed

  • the line. If we don't resolve these issues, if we allow the NSA to continue unrestrained,

  • every other government, the international community, will accept that sort of as the

  • green light to do the same. That's not what we want.

  • Chris Saghoian: I think there's a difference between surveillance performed by the NSA

  • and surveillance performed by most other governments. It's not really illegal when it's more of

  • a technical one and that is the whole world sends their data to United States. Americans

  • are not sending their e-mail to Spain; Americans are not sending their photographs to France.

  • This means that the US, because of silicon valley, because of the density of tech companies

  • in this country, the US enjoys an unparalleled intelligence advantage that every other government

  • just doesn't have. If we want the rest of the world to keep using

  • US tech companies, if we want the rest of the world to keep trusting their data with

  • the United States, then we need to respect them. We need to respect their privacy in

  • the way that we protect the privacy of Americans right now. I think the revelation to the last

  • 8 months have given many people in other countries a very reasonable reason to question whether

  • they should be trusting their data to United States companies.

  • I think we can get that trust back through legal changes but I think tech companies can

  • also do a lot to earn that trust back by employing encryption and other privacy protecting technologies.

  • The best way to get your user's trust is to be able to say when the government comes to

  • you, "Sorry, we don't have the data" or "Sorry, we don't have the data that's going to be

  • in a form that will be of any use to you. That's how you win back the trust of people

  • in Brazil, in Germany, and people around the world.

  • Ben Wizner: Let me just cut in with a question here because I do think that a certain degree

  • of perhaps hopelessness may have crept in to the global public with this constant barrage

  • of stories about the NSA's capabilities, the GCHQ's capabilities and their activities,

  • all the ways that they're able to get around defenses. I hear, Chris, you and Ed both coming

  • back to encryption again and again as something that still works. Maybe we could just take

  • a moment, Ed, after the discussions that we've had about has NSA has worked to weaken encryption.

  • Should people still be confident that the basic encryption that we user protects us

  • from surveillance or at least mass surveillance? Edward Snowden: The bottom line, and I've

  • repeated this again and again, is that encryption does work. We need to think about encryption

  • not as this sort of arcane black art but sort of a basic protection. It's the defense against

  • the dark arts of the digital world. This is something we all need to be [inaudible 00:42:21].

  • Not only implemented, but actively researching and improving on the academic level. The grad

  • students of today, tomorrow, need to keep today's [inaudible 00:43:33] online to inform

  • tomorrow's. We need all those brilliant [inaudible 00:43:38]

  • cryptographers to go, "All right, we know that these encryption algorithms we're using

  • today work. Typically it's the random number generators that are attacked is if they were

  • to be encryption algorithms themselves. How can we make them [fool proof 00:42:52]? How

  • can we test them? This is [inaudible 00:42:54]. It's not going to going to go away tomorrow

  • but it's the steps that we take today, it's the moral commitment, the philosophical commitment,

  • the commercial commitment to protect and enforce our liberties through technical standards

  • that's going to take us through [tomorrow 00:43:11] and allow us to reclaim the open

  • and trusted [inaudible 00:43:15]. Ben Wizner: Chris very briefly, you hand out

  • with cryptographers. They're not happy campers these days.

  • Chris Saghoian: No. Of all the stories that have come out, the one that has really had

  • the biggest impact in the security community is the news that the NSA has subverted the

  • design of cryptographic and random number generator algorithms. I think it's fair to

  • say that there is a group within the cryptographic community now who have become radicalized

  • as a result of these disclosures. Cryptographers actually can be radicals. They're not just

  • mild mannered people. We should remember that regular consumers

  • do not pick their own encryption algorithms. Regular consumers just use the services that

  • are provided to them. The people who pick the crypto, who pick the particular algorithms,

  • who pick the key sizes; they are the security engineers at Google and Facebook and Microsoft.

  • The cryptographers who are working with open source projects, those people are all really

  • pissed. I think that's good. Those people should be mad. Those people can make a difference.

  • The fact that these disclosures have so angered the security community is a really good sign

  • because ultimately the tools that come out in 6 months or a year or 2 years are going

  • to be far more secure than they were before. That's because that part of the tech community

  • feel like they were lied to. Ben Wizner: Let's take a couple more questions

  • from Twitter. Melissa [nick sick 00:44:40] I hope. What steps do you suggest the average

  • person take now to ensure a more secure digital experience? Is there anything we can do at

  • the individual level to confront the issues of mass surveillance that we're talking about

  • today? Ed, it's ok if the answer is no. Edward Snowden: There are basic steps. It's

  • a really complicated subject matter today and that's the difficulty. Again, it's the

  • Glenn Greenwald test. How do you answer this? [inaudible 00:45:11] For me, there are a couple

  • of key technologies. There's full disc encryption to protect your actual physical computer and

  • devices in case they're seized. There's network encryption which are things like SSL but that

  • happens sort of transparently, you can't help that.

  • You can install a couple browser plugins, NoScript to block active exploitation attempts

  • in the browser, Ghostery to block ads and tracking cookies. But there's also Tor. Tor,

  • t-o-r, is a mixed routing network which is very important because it's encrypted from

  • the user through the ISP to the end of a cloud, a network of routers that you go through.

  • Because if this, your ISP, your telecommunications provider can no longer spy on you by default.

  • The way they do now, today, when you go to any website. By using Tor, you shift their

  • focus to either attacking the Tor cloud itself which is incredibly difficult, or to try to

  • monitor the exits from the Tor and the entrances to Tor, and then try to figure out what fits.

  • That's very difficult. [inaudible 00:46:31] those basic steps. You encrypt your hardware

  • and you encrypt your network communication. You're far, far more hardened than the average

  • user. It becomes very difficult for any sort of a mass surveillance to be applied to you.

  • You'll still be vulnerable to some targeted surveillance. If there's a warrant against

  • you, if the NSA is after you, they're still going to get you. Mass surveillance, this

  • untargeted collect it all approach, you'll be much safer.

  • Ben Wizner: When there's a question about average users and the answer is Tor, we failed,

  • right? Chris Saghoian: Yeah, I mean ill just add

  • to what Ed said in saying that a privacy preserving experience may not be a secure experience

  • and vice versa. I'm constantly torn. I personally feel like Firefox is the more privacy preserving

  • browser but I know that Chrome is the more secure browser. I'm stuck with this choice...

  • am I more worried about passive surveillance of my communications and my web browsing information

  • or am I more worried about being attacked? I go back and forth on those.

  • I think until we have a browser or a piece of software that optimizes for both privacy

  • and security, I think users are going to be stuck with 2 bad choices. I'll just not that

  • in addition to what Ed said, I really think that consumers need to rethink their relationship

  • with many of the companies to whom they entrust their private data. I really think what this

  • comes down to is if you're getting the service for free, the customer isn't going to be optimizing

  • the experience with your best interest in mind. I'm not going to say if you're not paying

  • for the product, you are the product because we pay for our wireless service and those

  • companies still treat us like crap. If you want a secure online backup service,

  • you're going to have to pay for it. If you want a secure voice or video communications

  • product, you're going to have to pay for it. That doesn't mean you have to pay thousands

  • of dollars a year but you need to pay something so that that company has a sustainable business

  • model that doesn't revolve around collecting and monetizing your data.

  • Ben Wizner: We have another question about encryption from Sean. Isn't it just a matter

  • of time before NSA can decrypt even the best encryption? Ed, I'm particularly interested

  • in your answer to this in light of your confidence that data that you were able to take is secure

  • and has remained secure. Edward Snowden: Well, let's put it this way.

  • The Unites States Government has assembled a massive investigation team into me personally,

  • into my work with the journalists, and they still have no idea what documents were provided

  • to the journalists, what they have, what they don't have because encryption worked. The

  • only way to get around that even over Tor is either have a computer that's so massive

  • and so powerful you convert the entire universe into the energy powering this crypto breaking

  • machine and it's still might not have enough to it, or you can break in a computer disc

  • and try to steal the keys and bypass that encryption.

  • That happens today. That happens every day. That's the way around it. There are still

  • ways to protect encrypted data that no one can break. That's by making sure the keys

  • are never exposed. The key itself cannot be observed. They key can't be stolen. It can't

  • be captured. The encryption can't be [inaudible 00:50:13]. Any cryptographer, any mathematician

  • in the world will tell you that the math is sound.

  • The only way to get through encryption on a targeted basis, particularly when you start

  • layering encryption, you're not using one algorithm, you're using every algorithm You're

  • using key splitting, you're using all kinds of sort of sophisticated techniques to make

  • sure that no one person, no single point of failure exists. There's no way in. There's

  • no way around it. That's going to continue to be the case until our understanding of

  • mathematics and physics changes on a fundamental level.

  • Actually if I could follow up on that, I would say the US government's investigation actually

  • supports that. We've had both public and private acknowledgements that they know at this point

  • neither the Russian government, nor the Chinese government, nor any other government has possession

  • of any of this information. That would be easy for them to find out. Remember, these

  • are the guys who are spying on everybody in the world.

  • They've got human intelligence assets embedded in these governments. They've got electronic

  • signals assets in these governments. Suddenly, if the Chinese government knew everything

  • the NSA was doing, we would notice the changes. We would notice the chatter. We would see

  • officials communicating and our assets would tell us, "Hey, suddenly they got a warehouse.

  • They put a thousand of their most skilled researches in there". That's never happened

  • and it's never going to happen. Chris Saghoian: I'll just add that I think Ed's right. If the government really

  • wants to get into your computer, if they want to figure out what you're saying and who you're

  • saying it to, they will find a way. That won't involve breaking the encryption. That will

  • involve hacking into your device. Whether your phone or your laptop, they'll take advantage

  • of either vulnerabilities that haven't been patched or vulnerabilities that no one knows

  • about. Hacking technologies don't scale. If you are

  • a target of the NSA, it's going to be game over no matter what unless you are taking

  • really, really sophisticated steps to protect yourself but for most people that will be

  • beyond their reach. Encryption makes bulk surveillance too expensive. The goal here

  • isn't to blind the NSA. The goal isn't to stop the government from going after legitimate

  • surveillance targets. The goal here is to make it so they cannot spy on innocent people

  • because they can. Right now so many of our communications, our

  • telephone calls, our e-mails, our text messages, our instant messages, are just there for the

  • taking. If we start using encrypted communication services, suddenly it becomes too expensive

  • for the NSA to spy on everyone. Suddenly they'll need to actually have a good reason to dedicate

  • those resources to either try and break the encryption or to try and hack into your device.

  • Encryption technology, even if imperfect, has the potential to raise the cost of surveillance

  • to the point that it no longer becomes economically feasible for the government to spy on everyone.

  • Ben Wizner: Can we get another question on the screen from Twitter? Please? Thanks. Good

  • question from David Meyer. Is it possible to reap the benefits of big data on a societal

  • level while not opening ourselves to constant mass surveillance? How do we enjoy the scientific

  • benefits, even some of the commercial benefits of this without turning ourselves into a dystopian

  • surveillance state? In 2 minutes or less. Ed?

  • Edward Snowden: This is a really difficult question. There are a lot of advancements

  • and things like encrypted search that make it possible for the data to be an unreadable

  • format, until [inaudible 00:54:10] or something. In general, it's a difficult problem. The

  • bottom line is data should not be collected without people's knowledge and consent. If

  • data is being clandestinely acquired and the public doesn't have any way to review it and

  • it's not legislatively authorized, it's not reviewed by courts, it's not [constant 00:54:33]

  • with our constitution, that's a problem. If we want to use that, it needs to be the

  • result of a public debate in which people's [inaudible 00:54:43].

  • Ben Wizner: Chris, do you want to take on that question?

  • Chris Saghoian: No. Ben Wizner: We have another question that

  • is about every day users. Maybe you can give us another one because I think we've answered

  • this one. Friends backstage? Ok, from Tim [Sho-ruck 00:55:04]. Wasn't NSA mass surveillance

  • the solution... Chris can you read that? Chris Saghoian: Wasn't NSA's mass surveillance

  • solution to the internet driven by privatization and handling of our signals intelligence analysis

  • to SCIC, Booz Allen so... Ben Wizner: I don't understand.

  • Chris Saghoian: Tim is basically saying, "Isn't this a result of letting the contractors in

  • to run the show?" Edward Snowden: The problem is when the NSA

  • gets a pot of money, they don't typically develop the solutions themselves. They bring

  • in a bunch of contractors. The Booz Allens, the SCICs, the [khakis 00:55:42], and they

  • go, "Hey, what can you guys do for us? What solutions are you working on?" These guys

  • get a gigantic [inaudible 00:55:50] song and dance. I actually used to do it professionally,

  • I know how it works. The problem is you got contractors and private companies at that

  • point influencing policy. It was not uncommon for me at the NSA as a

  • private employee to write the same point papers and sort of policy suggestions that I did

  • as an official employee of the government at the CIA. The problem with that is you got

  • people who aren't accountable, they've got no sort of government recourse against them

  • who are saying, "Let's do this. Let's do that. Let's put all this money in mass surveillance

  • because it'll be great. We'll all get rich" but it doesn't serve the public interest.

  • One thing you've seen recently is the government's gone and changed its talking points. They

  • moved their verbiage away from public interest into national interest. We should be concerned

  • about that because when the national interest, talking about the [sake 00:56:51] becomes

  • distinct from the public interest, what benefits the people, we are at a point where we have

  • to marry those up where it gets harder and harder to control and we risk losing control

  • of a representative democracy. Ben Wizner: So Ed, maybe let me ask you what

  • will turn out to be a final question. In your early interviews with Glenn Greenwald and

  • Laura Poitras, you said that your biggest fear was that there would be little or no

  • reaction to these disclosures. Where you sit now, how satisfied are you with the global

  • debate that you helped to launch and do you feel that it was worth the price that you

  • paid in order to bring us to this moment? Edward Snowden: One of the things that I told

  • Bart Gellman was when I came public with this, it wasn't so I could single handedly change

  • the government, tell them what to do, and sort of override what the public thinks is

  • [inaudible 00:57:59]. What I wanted to do was inform the public so they could make a

  • decision, they could provide the consent for what we should be doing. The results of these

  • revelations, the results of all the incredibly responsible, careful reporting that by the

  • way has been coordinated with the government. The government's never said any single one

  • of these stories have risked a human life. The result is that the public has benefitted.

  • The government has benefitted. Every society in the world has benefitted. We live in a

  • more secure place, we have more secure communications, and we're going to have a better civic interaction

  • as a result of understanding what's being done in our name and what's being done [inaudible

  • 00:58:52]. When it comes to "Would I do this again?" the answer is "absolutely yes." Regardless

  • of what happens to me, this is something we had a right to. I took an oath to support

  • and defend the constitution and I saw that the constitution as violated on a massive

  • scale. The interpretation of the fourth amendment

  • had been changed [inaudible 00:59:14]. Thank you. The interpretation of the constitution

  • had been changed in secret from no unreasonable search and seizure to "Any seizure is fine,

  • just don't search it." That's something the public ought to know about.

  • Ben Wizner: You can see behind Ed is a green screen of... is that Article 1 of the Constitution?

  • Edward Snowden: That's correct. Ben Wizner: "We the people"... There's also

  • another organization here that is also interested in the Constitution. I'd be [re-missed 01:00:07]

  • if I didn't say to all of you that the ACLU has a table 1144. I promise that it will not

  • be all about surveillance. Please come and say hi to us. If you're not members of the

  • ACLU, it's cheap to sign up. We have ACLU whistles, we have t-shirts that you can get

  • with membership, you can talk to me and Chris a little bit more about the other work that

  • we are going and our ACLU colleagues. With that, I'd like all of us to thank Ed Snowden

  • for choosing this venue for this kind of conversation. Edward Snowden: Thank you all very much. Thank

  • you Austin

Ben Wizner: Not a lot of applause for us. Chris Saghoian: I know.

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エドワード・スノーデンとACLUがSXSWで開催 (Edward Snowden and ACLU at SXSW)

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    Kiki Chen に公開 2021 年 01 月 14 日
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